Terms of Service
All services provided by MyNetMall.net ("MyNetMall.net") may be used for
lawful purposes only. Transmission, storage or presentation of any
information, data or material in violation of any International or United States
federal, state or city law is prohibited. This includes, but is not
limited to: copyrighted material, material we judge to be threatening
or obscene, or material protected by trade secret and other statute.
The subscriber agrees to indemnify and hold harmless MyNetMall.net
from any claims resulting from the use of service which damages the
subscriber or any other party.
Prohibited
are sites that promote any illegal activity or present content that may
be damaging to MyNetMall.net' servers, or any other server on the
Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
- Pirated software/ MP3s
- Hacker programs or archives
- Warez sites
- Adult Content
- Services in association with spam or morally objectionable activities
Morally objectionable activities will include, but not be limited to: activities designed
to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities
prohibited by the laws of the United States and/or foreign territories in which You conduct
business; activities designed to encourage unlawful behavior by others, such as hate crimes,
terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of
the privacy of a third party, racially, ethnically, or otherwise objectionable; activities
designed to impersonate the identity of a third party; illegal access to other computers or
networks (i.e., hacking); distribution of Internet viruses or similar destructive activities;
and activities designed to harm minors in any way.
In the event MyNetMall cancels Your Services during the first thirty (30)
days after You purchase the Services, You will receive a refund of any
[ Hosting charges only ] fees paid to MyNetMall in connection with
the Services being canceled. In the event MyNetMall
deletes Your Services because they are being used in association with
spam or morally objectionable activities, no refund will be issued.
You agree You will not be entitled to a refund of any fees paid to MyNetMall if, for
any reason, MyNetMall takes corrective action with respect to Your improper or illegal use of
its Services.
NOTICE:
IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3
FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER
ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT
NOTICE. ADDITIONALLY,
MYNETMALL.NET WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
NO SPAM; LIQUIDATED DAMAGES.
You agree MyNetMall may immediately terminate any account which it believes, in its sole
discretion, is transmitting or is otherwise connected with any spam or other unsolicited
bulk email. In addition, if actual damages cannot be reasonably calculated then You agree
to pay MyNetMall liquidated damages of $1 for each piece of spam or unsolicited bulk email
transmitted from or otherwise connected with Your account, otherwise You agree to pay
MyNetMall's actual damages. You acknowledge You have read and understand and agree to be bound
by the terms and conditions of MyNetMall’s Policy, available here . Such terms and
conditions are applicable to the use of all MyNetMall Services and are incorporated
herein.
ACCOUNT SECURITY.
You agree You are entirely responsible for maintaining the confidentiality
of Your password and account information. You agree You are entirely responsible
for any and all activities that occur under Your account. You agree to notify
MyNetMall immediately of any unauthorized use of Your account or any other breach of
security. You agree MyNetMall will not be liable for any loss that You may incur as
a result of someone else using Your password or account, either with or without Your
knowledge. You further agree You could be held liable for losses incurred by MyNetMall
or another party due to someone else using Your account or password. For security purposes,
You should keep account access information in a secure location and take precautions to
prevent others from gaining access to Your user name and password. You agree that You
will be responsible for all activity in Your account, whether initiated by You, or by
others on Your behalf, or by any other means. MyNetMall specifically disclaims liability
for any activity in Your account, whether authorized by You or not.
IRC
We currently do not allow IRC or IRC bots to be operated on our servers.
SSH
We do not allow SSH Access to our Servers.
Server Abuse
Any
attempt to undermine or cause harm to a server or customer of
MyNetMall.net is strictly prohibited. As a Client, you are
responsible for both your account. Should you violate the Terms of Services outlined
within, your account will be cancelled without chance of refund.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
All sub-networks, distributive hosting sites and dedicated servers of
MyNetMall.net must adhere to the above policies, with the exception of
system resources in respect to dedicated servers.
Billing
By the
Account Activation Date of each year/ 6 Months [depending on the package],
MyNetMall.net shall :
• Deliver, by eMail an invoice in accordance with the applicable Service Fees for services
rendered for the current period as applicable.
When an invoice is delivered to the client, payment shall be remitted to MyNetMall.net
by no later than the specified payment due date. MyNetMall.net shall be entitled to
immediately terminate this agreement for client's failure to make
timely payments. If we do not receive a response within 48
hours, of the due date, the account, and all accounts under that account plan, will be
suspended. In such a scenario, you are responsible for any loss of data/ files,
no mails will be entertained thereafter.
Service Fees
Certain services carry a set-up fee charged by MyNetMall.net to
client, which must be paid by client in order to have use of said
services. If client terminates this agreement, client shall be
responsible for any and all outstanding fees owed to MyNetMall.net and
agrees to pay any and all fees incurred by client. Because the services
are provided on a monthly basis, the client will be responsible for
service fees incurred each month, regardless of when client provides
notice of termination. Thus, for example, if the client provides notice
of termination on the 15th day of a particular month, the client will
be responsible for service fees for the entire month, and such fees
will not be pro-rated or refunded. If client has retained the services
for one year and has pre-paid MyNetMall.net for such services, refunds
will be issued for any unused full month of the services, upon client's
request. Therefore, if client's account is canceled at any point during
the one-year term, client will be entitled to a refund for the months
remaining, after notice given by the 25th day of the preceding month.
INDEMNIFICATION.
You agree to defend, indemnify and hold harmless MyNetMall and its contractors, agents,
employees, officers and affiliates from any loss, liability,
damages or expense, including reasonable attorneys' fees, resulting from any third party
claim, action, proceeding or demand related to Your (including Your agents affiliates, or
anyone using Your account, software or services with MyNetMall whether or not on Your behalf,
and whether or not with Your permission) use of Services You purchased
from MyNetMall or Your breach of this Agreement or incorporated agreements and policies.
In addition, You agree to indemnify and hold MyNetMall harmless from any loss, liability,
damages or expense, including reasonable attorneys' fees, arising out of any breach of
any representation or warranty provided herein, any negligence or willful misconduct by
You, or any allegation that Your account infringes a third person's copyright, trademark
or proprietary or intellectual property right, or misappropriates a third person's trade
secrets. This indemnification is in addition to any indemnification required of You
elsewhere.
Account Deactivations
Any account deactivated due to non-payment will require a reactivation fee of $20.00 prior to reactivation.
Cancellation Refunds
We DO NOT refund partial monthly fees to accounts. We require 30 days notice for
a cancellation.
Limitation of Liability
MyNetMall.net shall not be responsible for any claimed damages,
including incidental and consequential damages, which may arise from
MyNetMall.net servers going off-line or being unavailable for any
reason whatsoever. Furthermore, MyNetMall.net shall not be responsible
for any claimed damages, including incidental or consequential damages,
resulting from the corruption or deletion of any web site from one of
MyNetMall.net servers. All damages shall be limited to the immediate
termination of service.
You agree that in no event shall MyNetMall ’s maximum aggregate liability exceed the
total amount paid by You for the particular Software or Service in dispute purchased
from MyNetMall .
Violations
Violations of these Acceptable Use Policies should be referred to our support staff.
All complaints will be investigated promptly. Failure to follow any
term or condition will be grounds for immediate account deactivation.
Disclaimer
MyNetMall.net cannot be held liable for system down time, crashes or
data loss. We cannot be held liable for any predicated estimate of
profits which a client would have gained if their site was functioning.
MyNetMall.net holds no responsibility for the use of our clients'
accounts. Failure to comply with any terms or conditions will result in
the automatic deactivation of the account in question. We reserve the
right to remove any account, without advance notice for any reason
without restitution, as MyNetMall.net sees fit. This in keeping this
TOS under view.
Services are provided on an "As Is" and "As Available" basis. MyNetMall makes
no warranty that its services will meet your requirements, or that the services
will be uninterrupted, timely, secure, or error free, or that defects will be
corrected. MyNetMall does not warrant, nor make any representations regarding
the use, or results of, any of the services it provides, in terms of their
correctness, accuracy, reliability, or otherwise.
Account Activation
By activating your account with MyNetMall.net, you agree to the above
policies and disclaimer. Upon requesting activation of an account, you
are required to accept these policies, guidelines and disclaimer, and a
copy of your acceptance is forwarded along with your activation request
to be maintained with your account information.
NOTICE: If you sign
up for an account and fail to comply with these terms, no refunds will
be given. We will, however, advise you by e-mail or phone prior to
taking any action to provide you with an opportunity to correct the
problem.
REFUND POLICY:
- In the event MyNetMall cancels Your Services during the first thirty (30)
days after You purchase the Services, You will receive a refund of any
[ Hosting charges only ] fees paid to MyNetMall in connection with
the Services being canceled. In the event MyNetMall
deletes Your Services because they are being used in association with
spam or morally objectionable activities, no refund will be issued.
You agree You will not be entitled to a refund of any fees paid to MyNetMall if, for
any reason, MyNetMall takes corrective action with respect to Your improper or illegal use of
its Services.
- 14 Day Money Back gaurantee
We offer unconditional money back guarantee on our hosting services.
Should you decide to cancel your account within the initial 14 day period,
you will receive a full refund on the hosting fees.
The [Domain ] registration
fees cannot be cancelled, as registrations are done by GoDaddy.com, MyNetMall.net acts as only
an affiliate for GoDaddy.com. However arrangements can be made to transfer the domain name to
your new provider. Therefore, the registration service fees are non-refundable.
- If for any reason client terminates this agreement, after the initial 14 day period
client shall be responsible for any and all
outstanding fees owed to MyNetMall.net and agrees to pay any and all fees incurred by client.
This regardless of when client provides notice of termination. Thus, for example, if the client
provides notice of termination on the 15th day of a particular month, the client will be
responsible for service fees for the entire month, and such fees will not be pro-rated or
refunded, client will be entitled to a refund for the months remaining, after notice given
by the 25th day of the preceding month.
Traffic Usage
All
account plans come with a predetermined amount of traffic allowance. We
monitor all accounts and they will be billed as per follows:
- Additional Disk Space: $2.00 per 10 Mb space
- Additional Data Transfer: $2.00 per 1 GB extra bandwidth
Note :This amount is not prorated, meaning that 1 mb - 1 gig
will be treated and billed as the same.
99.9% Server Uptime Guarantee
MyNetMall.net guarantees 99.9% service (http, ftp, pop, imap, smtp)
uptime on all hosting plans.
MyNetMall.net reserves the right to
amend any or all of the above policies, guidelines and disclaimer
without notification. We also retain the right to increase any pricing
and make changes to our account plans without notification.Any changes
to this effect will be posted to this page, and this page only.