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Terms
and Conditions Agreement This
agreement will govern your purchase and
use of any My Internet Place Services
(collectively called "Plan(s)", your
account will also be referred to as your
"Plan(s)") as described in the Order Form,
ordered by you and accepted by My Internet
Place and explains the terms and
conditions that apply to your purchase and
the use of the Plan(s). It is required
that you register and accept these terms
and conditions in order to use the
Plan(s). By clicking the checked box next
to the text that reads "I have read,
understood and accept the My Internet
Place Terms and Conditions" (also known as
Acceptance Checkbox) you acknowledge that
you have read this agreement and agree to
be bound by the terms and conditions
contained on this document as well as all
policies and guidelines incorporated by
reference. You agree that the act of
submitting your order form online is
equivalent to your signature. You agree
that all the information you submit online
is true and correct to the best of your
knowledge. Disagreement.
If you do not agree to the terms of this
document, or any of My Internet Place
policies or guidelines, do not check the
Acceptance Checkbox and your Plan(s) will
not be created. If you do not agree to the
terms of any modification to ANY My
Internet Place document, immediately
notify My Internet Place of your
termination of this agreement, thereby
terminating your Plan(s) with My Internet
Place. Modification
Agreement. My Internet Place reserves the
right to change or modify any of the terms
and conditions contained on this document
and any policy or guideline incorporated
by reference at any time. From time to
time My Internet Place reserves, in it's
sole discretion, the right to determine
whether and when any such changes apply to
both existing or future customers. Any
changes or modification will be effective
upon posting to My Internet Placewebsite.
My Internet Place will only post a notice
of any revisions or changes to this
document for thirty 30 days in the Control
Panel of My Internet Place website. My
Internet Place may change or modify ANY
policies or guidelines without notice to
you. Your continued use of All Media Net's
Plan(s) will be the reflection of your
cooperation and acceptance of any changes
or modifications. Term.
(i) 30 Days Terms - This agreement will be
for the "term" of 30 days, beginning from
the moment you register for the Plan(s).
This agreement and your Plan(s) will be
automatically renewed at the expiration of
the term unless you followed the
instructions described in the Termination
Policy below. (ii) 12 or 24 Months Terms -
This agreement will be for the "term" of
twelve (12) or twenty-four (24) months,
beginning from the moment you register for
the Plan(s). This agreement and your
Plan(s) will be automatically renewed at
the expiration of the term unless you
followed the instructions described in the
Termination Policy below. Payment.
All charges for your Plan(s) must be paid
in advance according to the most current
price of the Plan(s). Upon registration,
you must pay for your Plan(s) by credit
card or personal check. Upon paying for
your Plan(s), you thereby grant permission
to All Media Net to charge any fees in
accordance with your Plan(s). If you
choose to pay by check, you authorize All
Media Net to automatically transfer money
from your checking account, without
invoice, via the transit and routing
numbers you will supply or have supplied
in the order form. If you pay by credit
card, you must notify All Media Net of any
changes (including, but not limited to
the, number, expiration, cancellation of
your card, and your billing address) to
your card that may prevent All Media Net
from billing you. Charges.
You will be charged additional
nonrefundable fees in the event that you
used excessive services including, without
limitation, additional bandwidth, file
transfer in excess of Plan(s) limits, or
megabytes space. You agree to pay for any
and all charges that may coincide with the
usage of your Plan(s) at the then current
My Internet Place prices, which shall be
subject to any applicable taxes. You are
responsible for the payment of all taxes
of any nature including, without
limitations, federal, state and local
sales, use, value added, excise and duty
taxes irrespective of which party may be
responsible for collecting or reporting
such taxes. You are only not liable for
paying taxes on My Internet Place's
income. Lateness.
If your payment is received late, you may
be responsible for paying a late charge of
$10 per delayed payment. Your Plan(s) may
remain suspended until payment is received
by My Internet Place from you. If your
Plan(s) is left unpaid for 60 days, your
Plan(s) may be terminated. A termination
under this condition, or any other, will
not relieve you from paying any past due
fees plus interest that have accrued prior
to the termination. In the event of
collection enforcement, you will be liable
for any costs, including, without
limitation, attorneys' fees, court costs,
and collection agency fees. Any Plan(s)
terminated or suspended will result in
requirement of a reconnection
fee. 5
Day-Money Back Guarantee. You have a 5 day
guarantee which will only apply to shared
hosting Plan(s). If you do not feel My
Internet Place has delivered the business
you expected, you may terminate this
agreement within the first 10 days from
your initial order date, and receive a
refund for the agreed upon monthly Plan(s)
fee and shall exclude, without limitation,
the refund of any or all setup fees,
software purchases, or promotional
discounts, etc... To receive the refund,
you must terminate your Plan(s) in the
manner described in the Termination
Instructions below and discontinue your
uses of the Plan(s), and My Internet Place
must receive this notice within the first
5 day period of your Plan(s). You also
agree to provide All Media Net with a
description of why you are not satisfied
with All Media Net's Plan(s). Plan(s)
Usage. The Acceptable Use Guidelines (also
called Guidelines) dictate the general
policies and procedures for the use of the
Plan(s). All Media Net's Online Privacy
Statement informs the customer of how My
Internet Place will collect, store,
process and use the information associated
with the use of your Plan(s). My Internet
Place Privacy Policy is located on My
Internet Place website and may be updated
at any time. You should carefully read the
Guidelines, as by registering for hosting
you will be bound by the Guidelines and
any modifications made to said document.
All Media Net reserves the right to
terminate your Plan(s) without prior
notice if you, in any way, should violate
any part of the Guidelines or this
Agreement. Content
Requirement. Use of the Plan(s) requires a
certain amount of knowledge in the use of
Internet Programming Languages, protocols
and software, etc... This knowledge will
vary depending on the usage and content
level of your website. You or your
webmaster must have the knowledge
necessary to maintain your website, as it
is not My Internet Place responsibility to
advise, teach, supply or provide any such
knowledge or customer support outside of
the Plan(s) agreed to you by My Internet
Place Usage
of allotted Resources. You agree that the
use of the Plan(s) will not exceed the
server resources (bandwidth, storage,
e-mail usage) allotted to your Plan(s). If
you use any resources that surpass the
percentage or megabytes agreed upon, or if
you exceed E-mail storage and attachment
size limitations, My Internet Place may,
in its sole discretion, apply additional
charges, suspend the Plan's usage, or
terminate this agreement. In the event
that My Internet Place elects to take
corrective action, you will not be
entitled compensation for any used or
unused prepaid fees. Quality
of Service. My Internet Place will make
its best efforts to provide quality, and
uninterrupted services but this is not a
guarantee. My Internet Place will not be
responsible for any damages caused by
service interruption, temporary delay, or
outages of the Plan(s). Employee
Solicitation. You agree not to approach My
Internet Place employees with proposal to
hire them as his own employees or
contractors. If you were to hire any of My
Internet Place employee, you agree to pay
My Internet Place for each employee the
greater amount of three year's salary for
that employee or $300,000. Limited
Liabilities. Under no circumstances,
including, without limitation, negligence
or other tort, principles of contract,
warranty, breach of any statutory duty,
principles of indemnity or contribution,
the failure of any limited or exclusive
remedy to achieve its essential purpose or
otherwise, shall My Internet Placein
creating, producing or distributing the
Plan(s) thereunder be liable to you for
any indirect, special, consequential,
incidental or exemplary damages including,
without limitation, to damages for lost
profits, loss of use, lost of data,
errors, defects, phone bills,
communication lines bills, loss of
privacy, damages to third party even if My
Internet Place has been advised of the
possibility of such damages. In no event
will My Internet Place or its suppliers
have any liability for unauthorized access
to, theft or destruction of any content
made available for distribution by the
Plan(s) through fraud or devices.
Indemnification.
You agree that you shall defend by counsel
reasonably accepted by All Media Net,
protect and hold My Internet Place
harmless from and against any and all
demands, liabilities, losses, costs,
expenses, claims, including reasonable
attorneys' and consultants' fees and court
costs, demands, causes of action, or
judgment directly or indirectly arising
out of or related to the Plan(s) provided
All Media Net to you. Disclaimer.
You acknowledge and agree that My Internet
Place accepts no responsibility or
liability for, and employs no control
over, the content of the information
passing through All Media Net's host
servers, network hubs, or the Internet.
All services performed thereunder are
performed "as is" and without warranty
against failure of performance including,
without limiting to, any failure due to
computer hardware or communication
systems. Except as expressly provided in
this Agreement, All Media Net does not
make and hereby disclaims, and you hereby
waive all reliance on, any representations
or warranties, arising by law or
otherwise, in reference to the Plan(s),
including, but without limiting to,
implied warranties of merchantibility,
fitness for a particular purpose,
non-infringement, or developing from
course of dealing, course of performance,
or usage in trade. Automatic
Plan(s) Upgrade. My Internet Place may
automatically upgrade Plan(s) without
notice if the prices for the same Plan(s)
change for monthly Plan(s) Termination
Instructions: To terminate your Plan(s)
you must follow these instructions. Any
other forms of termination will not be
acceptable. You must provide My Internet
Place with notice of a termination at
least 7 days before the end of the Term by
entering the Control Panel and clicking on
the link that says "Cancel My Account". My
Internet Place will then ask you for
customer identification information so
that we can properly identify you. Once we
receive your Notice of Termination we will
send you a Termination Code. If your
Plan(s) was billed in error after
termination, credit will only be given to
you if you have a valid termination code.
Any attempts to cancel by e-mail or
telephone will be rejected and billing
will continue until these instructions
have been followed. Any and all data
and/or material placed by you to My
Internet Place equipment may be deleted
upon termination. All Media Net is not
obligated to back-up any of this data
and/or material after a Notice of
Termination. If you reregister after your
Plan(s) was made, any and all dues and
fees paid up to date regardless of
services rendered will be forfeited.
Liabilities
and Obligations on Termination. If the
Agreement expires or is terminated for any
reason, My Internet Place is not liable to
you because of such an expiration or
termination for compensation or
reimbursement on Plan(s) of the loss of
prospective profits, anticipated sales,
goodwill or on Plan(s) of any investment,
relation to, or association with your
business or for any other reason resulting
from your termination or expiration. Any
termination of this Agreement will not
deem you exempt from past due invoices or
fees that have acquired prior to the
termination of this Agreement owed by you
to My Internet Place as provided in this
Agreement. My Internet Place reserves the
right to refuse service to anyone and
terminate any Plan(s) without reason with
10 days notice. Violations.
Failure to follow My Internet Place
Agreement, policies, guidelines
(collectively called "Conditions") will
result in cancellation of your Plan(s).
All Media Net will be the sole arbiter as
to what constitutes a violation of the
Conditions. All Media Net reserves the
right to remove any Plan(s) without prior
notice. All Media Net may investigate any
reported violation of the Conditions or
any complaints and take any action that it
deems appropriate and reasonable to
protect its systems, facilities, and/or
third parties. Refund
Policies. You and My Internet Place agree
that there will be no monetary
compensation for terminated
Plan(s)/services regardless of the reason.
No Refund or prorated. Actions.
My Internet Place reserves the right to
restrict or remove any content from its
equipment that violates the Conditions, or
is objectionable, or infringing on any
third party's rights or in potentially
violation of any laws. In the event that
My Internet Place becomes aware of the
violation of the Conditions, a third
party's rights or laws, My Internet Place
may immediately take corrective action
which may include, but not be limited to,
(1) restricting the Plan(s), (2)
suspending or terminating the Plan(s), (3)
restricting or prohibiting any and all use
of My Internet Place equipment, and/or (4)
pursue other civil remedies. The above
stated rights however does not obligate
All Media Net to monitor or exert control
over the information made available
through the Plan(s). My Internet Place
will not be obligated to refund you any
fees or charges paid in advance for
corrective actions due to possible
violations of the Conditions. Disclosure.
My Internet Place may reveal any
information it deems necessary or
appropriate, including, without
limitation, user profile (e.g. name,
e-mail address, etc...), usage history,
material contained on All Media Net's
system in order to abide by any applicable
laws, lawful governmental requests, to
protect All Media Net's systems and
customers, or to provide and protect the
quality, functionality, and integrity of
All Media Net's business and equipment.
All Media Net reserves the right to report
any activities that it suspects violates
any laws or regulations to the appropriate
law enforcement officials, regulators or
any other appropriate third parties.
Compensation.
You agree to compensate, My Internet Place
and its affiliates and suppliers (and
their respective employees, directors and
representatives) for any and all expenses,
including, without limitation, all claims,
actions, proceedings, suits, liabilities,
fines, and attorneys' fees, incurred by My
Internet Placeor it's suppliers, arising
out of or relating to (1) your violation
or breach of any agreement, terms,
representation or warranty of this
Agreement or any applicable policy or
guideline; (2) your improper or illegal
use of the Plan(s); or (3) your violation,
alleged violation, or misappropriation of
any intellectual property right
(including, but not limited to, trademark,
copyright, patent, trade secrets) or
nonproprietary right of a third party.
Entire
Agreement. This agreement in addition with
and to all policies and guidelines
incorporated herein by reference,
constitutes the entire agreement and
contract between you and My Internet Place
and supersedes any and all prior and
contemporaneous, oral or written
representations, communications,
understandings and agreement between you
and My Internet Place with respect to the
subject matter hereof, all of which
representations, communications,
understandings and agreements are hereby
canceled to the extent they are not
specifically merged herein. You agree that
you are entering into this entire
agreement on the basis of any
representations or promises not expressly
contained in the entire agreement.
Advertising.
My Internet Place may, free of any
obligation to compensation, payment or
reward, use your name and refer to you as
a client, in advertising, publicity, or
similar materials distributed or displayed
to current or prospective clients.
Laws.
The entire agreement shall be governed by
the laws of the United States and the
state of Arizona and its validity
constructions, interpretation and legal
effect shall be governed by the laws and
judicial decisions of the State of Arizona
applicable to contracts entered into and
performed entirely within the State of
Arizona. You shall at all times accord
with all applicable laws and regulations
and shall protect and save My Internet
Place harmless from your failure to stray
from accordance. You agree that My
Internet Place shall not have to perform
any obligations set forth in this
Agreement if such performance would
violate any present or future law,
regulation or policy of any applicable
government. You shall not use the Plan(s)
in any way that violates U.S. export laws,
including without limitation, uses related
to the distribution of weapons of mass
destruction, prohibited chemical,
biological, or nuclear weapons or missile
use. You agree that you are not located
in, under control of, or a national or
resident of any country restricted as a
destination by US law or on the US
Treasury Department's list of Specially
Designated Nationals or the US Department
of Commerce's Table of Denial Orders.
Severability.
If any provisions of the entire agreement
shall be unlawful, void, or for any
reason, unenforceable, it shall be deemed
severable form and shall in no way affect
the validity or enforceability of, the
remaining provisions of the entire
agreement, which shall remain valid and
enforceable according to its terms. If it
is deemed severable form, the liability of
My Internet Place and its suppliers to you
will be limited to the amount actually
paid to My Internet Place Net by you under
this agreement during the three (3) months
preceding the date on which the claim
accumulated. This limitation applies to
all causes of action in the aggregate
including, but not limiting, to breach of
contract, breach of warranty, negligence,
strict liability, misrepresentations, and
other damages. The fees for the Plan(s)
set by My Internet Place have been and
will continue to be based upon this
allocation risk. Accordingly, you hereby
release My Internet Place and its
suppliers from any and all obligations,
liabilities, and claim beyond the
limitation stated in this section
Warranties
and Representation. You warrant and
represent to My Internet Place that you
are (1) at least eighteen 18 years of age;
(2) you possess the legal right and
ability to enter this agreement; (3) you
will use the Plan(s) only for lawful
purposes and remain in accordance with
this Agreement and all policies and
guidelines that may apply; (4) you will be
financially responsible for your Plan(s);
(5) you have acquired, or will acquire all
necessary arrangements for hypertext links
to a third party Web sites or other
content; (6) you have verified or will
verify the accuracy of materials
distributed or made available through use
of the Plan(s), including, without
limitation, your content, claims,
warranties, guarantees, nature of
business, and address where business is
conducted, and (7) your content does not
infringe or violate any right of any third
party (including intellectual property
rights) or violate any applicable law,
regulation or ordinance. |
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