| Where the context admits:
"We" includes MyGlobalHost, Inc. or any party acting
on MyGlobalHost's implicit instructions. "You" includes
the person purchasing the services or any party acting on
the customer's instructions. "The Registrant" includes
the person applying for a domain name or any party acting
on the Registrant's instructions. "The Registry"
the relevant domain names Registry. "Server" means
the computer server equipment operated by us in connection
with the provision of the Services. "Web Site" means
the area on the Server allocated by us to you for use by you
as a site on the Internet. In consideration of the mutual
covenants herein, the parties agree to the following, which
shall apply during the term of this agreement.
BY USING OUR SERVICES YOU AGREE
TO BE BOUND BY OUR TERMS AND CONDITIONS BELOW:
DOMAIN NAME REGISTRATION
We make no representation that the domain name you wish to
register is capable of being registered by or for you or that
it will be registered in your name. You should therefore not
assume registration of your requested domain name(s) until
you have been notified that it has or they have been registered.
Any action taken by you before such notification is at your
risk. The registration and use of your domain name is subject
to the terms and conditions of use applied by the relevant
naming authority; you shall ensure that you are aware of those
terms and conditions and that you comply with them. You shall
have no right to bring any claim against us in respect of
refusal to register a domain name. We shall have no liability
in respect of the use by you of any domain name; any dispute
between you and any other person must be resolved between
the parties concerned in such dispute. If any such dispute
arises, we shall be entitled, at our discretion and without
giving any reason, to withhold, suspend or cancel the domain
name. We shall also be entitled to make representations to
the relevant naming authority but will not be obliged to take
part in any such dispute. Any domain name(s) held, including
domain names provided free of charge with any service(s),
will become the property of MyGlobalHost, Inc. during a payment
or fraud issue and we will then reserve the right to suspend,
cancel or sell such domain names at our discretion. If the
domain name is due for renewal during any payment / fraud
issues it will not be renewed and the customer will be billed
the standard yearly rate for domain names as per our website.
Any free domain name offers will cease to be in force under
such circumstances.
WEB SITE HOSTING AND EMAIL
We make no representation and give no warranty as to the accuracy
or quality of information received by any person via the Server
and though regular backups are provided for the web site,
database and email services, we shall have no liability for
any loss or damage to any data stored on the Server. You shall
effect and maintain adequate insurance cover in respect of
any loss or damage to data stored on the Server. You represent,
undertake and warrant to us that you will use the Web Site
allocated to you only for lawful purposes. In particular,
you represent, warrant and undertake to us that. You will
not use the Server in any manner which infringes any law or
regulation or which infringes the rights of any third party,
nor will you authorize or permit any other person to do so.
You will not post, link to or transmit:
- Any material which is unlawful, threatening, abusive, malicious,
defamatory, obscene, profane or otherwise objectionable in
any way.
- Any material containing a virus or other hostile computer
program.
- Any material which constitutes, or encourages the commission
of, a criminal offense or which infringes any patent, trade
mark, design right, copyright or any other intellectual property
right or similar rights of any person which may subsist under
the laws of any jurisdiction.
- You will not send bulk email from our network. Nor will
you promote a site hosted on our network using bulk email.
- You will not employ programs which consume excessive system
resources, including but not limited to processor cycles and
memory.
- We reserve the right to remove any material which we deem
inappropriate from your web site without notice. We do not
host Warez or illegal MP3 content (i.e. you may only upload
MP3's if you own the copyright).
- You shall keep secure any identification, password and other
confidential information relating to your account and shall
notify us immediately of any known o suspected unauthorized
use of your account or breach of security, including loss,
theft or unauthorized disclosure of your password or other
security information.
- You shall observe the procedures which we may from time
to time prescribe and shall make no use of the Server which
is detrimental to our other customers.
- You shall procure that all mail is sent in accordance with
applicable legislation (including data protection legislation)
and in a secure manner.
- In the case of an individual User, you warrant that you
are at least 18 years of age and if the User is a company,
you warrant that the Services will not be used by anyone under
the age of 18 years.
- Any access to other networks connected to MyGlobalHost,
Inc. must comply with the rules appropriate for those other
networks.
- While we will use every reasonable endeavor to ensure the
integrity and security of the Server, we do not guarantee
that the Server will be free from unauthorized users or hackers
and we shall be under no liability for non-receipt or misrouting
of email or for any other failure of email.
- Users that abuse the network, such as mass unsolicited email
(spam), illegal content, fraud, payment invasion, will have
their name, website address, details of the abuse and ip number
posted on our "name and shame" forum to aid other
hosts and our resellers in refusing you future accounts. Under
all circumstances we will inform your ISP of your actions
and if necessary legal and police departments. We will not
tolerate any abuse of our network and abuse will be punished
to the fullest extent allowable under law.
- We do not allow any illegal activity including, but not
limited to pornography, links to pornographic web sites, spamming
or illegal software. We do not allow any conduct that violates
regulations, or normally accepted practices within the Internet
community, whether or not expressly mentioned in this Policy.
- If you abuse the network, violate the terms of services
or if we receive a complaint about your account we will investigate
this and we have the right to suspend the account if your
actions could have a negative effect on our business or any
other business connected to us. In extreme cases we may terminate
your account and end our business relationship with you immediately.
In such circumstances a refund will not be paid. Attempts
to recover any payment paid in abuse situations will result
in legal proceedings against you to the fullest extent allowable
under law.
The above clauses are here to protect our honest and legitimate
customers from the negative effects caused by abuse of our
network. We take abuse extremely seriously and we will always
punish abusers to the fullest extent in EVERY case without
exception.
WEB SITE HOSTING SERVICE AVAILABILITY
We shall use our reasonable endeavors to make available to
you at all times the Server and the Services but we shall
not, in any event, be liable for interruptions of Service
or down-time of the Server. We shall have the right to suspend
the Services at any time and for any reason, generally without
notice, but if such suspension lasts or is to last for more
than 7 days you will be notified of the reason. Uptime guarantees
do not include downtime required to upgrade / service hardware
or problems caused by your equipment or 3rd parties, for example
but not limited to, your ISP (internet service provider).
PAYMENTS
All charges payable by you for the Services shall be in accordance
with the scale of charges and rates published from time to
time by us on our web site and shall be due and payable in
advance of our service provision. We reserve the right to
change pricing at any time although all pricing is guaranteed
for the period of pre payment. Payment is due each month or
year until closure notice is given. If you choose to pay by
credit or debit card you authorize MyGlobalHost, Inc.'s credit
card/debit card processing to debit your account renewal fees
from your card. All payments must be $US (US dollars) . Without
prejudice to our other rights and remedies under this Agreement,
if any sum payable is not paid on or before the due date,
we shall be entitled forthwith to suspend the provision of
Services to you. Orders submitted using free email accounts
may be subject to a telephone call or email on alternate address
or fax to confirm the order prior to the account being set
up. From time to time security checks are performed and new
customers may be telephoned prior to any service commencing.
If there are any outstanding to us for one or more services
we reserve the right to suspend/terminate all services you
hold within our network and it's company websites.
WEB SITE HOSTING TERMINATION
- If you fail to pay any sums due to us as they fall due,
we may suspend the Services and/or terminate this Agreement
forthwith without notice to you.
- If you break any of these terms and conditions we may suspend
the Services and/or terminate this Agreement forthwith without
notice to you.
- If you are a company and you go into insolvent liquidation
or suffer the appointment of an administrator or administrative
receiver or enter into a voluntary arrangement with your creditors,
we shall be entitled to suspend the Services and/or terminate
this Agreement forthwith without notice to you.
- Refunds will be given at the discretion of the Company Management
including refunding of upfront yearly fees.
- We reserve the right to suspend the Services and/or terminate
this Agreement / your account at any time with no notice or
reason.
- You may cancel the Services at any time. Canceling payments
to us on monthly paid plans will result in the immediate suspension
of the service(s). For annually paid plans the account will
be suspended at the end of the 12 month period. Partial refunds
will only be given on annual plans excluding discounts received.
- On termination of this Agreement or suspension of the Services
we shall be entitled immediately to block your Web Site and
to remove all data located on it.
- When an account termination request is received, we will
take necessary action if it contains enough proof that we
know it came from the authorized account holder. Such information
required is: account number, username, password and email
address on our records.
- When a valid account termination request is received it
will be terminated immediately. We do not accept termination
requests that request closure at a future date.
- Accounts closed in error by the customer will not be reopened
unless we receive new payment equivalent to one months service
which must then be cancelled by the customer at the correct
time of closure.
SECURE CERTS
Secure certificate fees are non refundable. For business application
we may require proof of business trading. The certificate
is for a 12 month period only. You may renew your certificate
before it expires for continuous service. If the renewal payment
is not received at the end of the 12 month service period
your certificate will be suspended.
DEDICATED SERVERS
Our dedicated server packages have a minimum contract of 3
months after which you may cancel at anytime.
- Set up fees (if any) are non refundable.
- Software support is not covered by our managed policy.
- You are free to install any legal software on our dedicated
servers.
- You must make any person(s) that may use the dedicated server
aware of our terms and conditions and our privacy policy,
however you do not have to disclose that we are your service
provider.
- If you intend to resell services to other individuals via
your dedicated server then you must comply with our reseller
terms.
- Service will not commence until we have received a signed
and dated copy of our dedicated server contract along with
1st month and last month's upfront payment.
- Dedicated customers must also comply with Web Site Hosting
And Email and Web Site Hosting Service Availability sections,
as above.
CREDIT / DEBIT CARD CHARGE BACKS
If services have been used and the customer requests their
bank to recall the payments made (sometimes called a charge
back) then legal action will be taken against the customer
to recover such payments in all circumstances. All actions
of fraud are automatically scrutinized and dealt with according
to our fraud policy without exception. Any cases of underage
porn on our servers will automatically be reported to the
police and we will work with such bodies to ensure that legal
action is taken against you. We will never tolerate such actions.
HEADINGS
Headings are included in this Agreement for convenience only
and shall not affect the construction or interpretation of
this Agreement.
THIS AGREEMENT
By performing any transactions on this web site you agree
to these terms and conditions and also agree to make any person(s)
who use our services aware of our terms and conditions.
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