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When using the Service provided by My Internet Multimedia Online (JM0373274-K), customers are to agree and obey the terms and conditions as stated in the following at all time.
User Agreement
| This User Agreement ("Agreement") is an agreement between
My Internet Multimedia Online (JM0373274-K) ("MIMOP.com")
and the party set forth in the related order form incorporated
herein by reference (together with any subsequent order forms submitted
by Customer, the "Order
Form"),
and applies to the purchase of all services (collectively, the "Services")
ordered by Customer on the Order Form. Such party is referred to
in this Agreement as "Customer" or "you".
PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING ON THE BUTTON ON
THE ORDER FORM, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF
THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE
IN THIS AGREEMENT,
INCLUDING MIMOP.com'S USAGE POLICY. YOUR USE OF THE SERVICES
CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.
MIMOP.com reserves the right to reject this Agreement for any reason
or no reason, prior to acceptance thereof by MIMOP.com. Activation
of the Services shall indicate MIMOP.com's acceptance of this
Agreement. Subject to the terms and conditions of this Agreement,
MIMOP.com will provide to Customer the Services selected by
Customer set
forth
on the Order Form.
1. Usage Policy
Under this Agreement, Customer shall comply with MIMOP.com's
then current "Usage Policy", as amended, modified or updated
from time to time by MIMOP.com, which currently can be viewed
at http://www.mimop.com/general/usage_policy.php, and which
is incorporated in this Agreement by reference. Customer hereby
acknowledges that it has reviewed the Usage Policy and that
the terms of
the Usage Policy are incorporated herein by reference. In the
event of
any
inconsistencies between this Agreement and the Usage Policy,
the terms of the Usage Policy shall govern. MIMOP.com does
not intend
to systematically monitor the content which is submitted to,
stored on or distributed or disseminated by Customer via the
Service (the "Customer
Content"). Customer Content includes content of Customer's customers
and/or users of Customer's website. Accordingly, under this
Agreement, you will be responsible for your customers content
and activities
on your website. Notwithstanding anything to the contrary contained
in this Agreement, MIMOP.com may immediately take corrective
action, including removal of all or a portion of the Customer
Content, disconnection
or discontinuance of any and all Services, or termination of
this Agreement in the event of notice of possible violation
by Customer of the Usage Policy. In the event MIMOP.com takes
corrective action
due to a violation of the Usage Policy, MIMOP.com shall not
refund to Customer any fees paid in advance of such corrective
action.
Customer
hereby agrees that MIMOP.com shall have no liability to Customer
or any of Customer's customers due to any corrective action
that MIMOP.com may take (including, without limitation, disconnection
of Services).
2. Amendment
MIMOP.com may amend, modify or update this Agreement or the
Usage Policy at any time in its sole discretion, and Customer shall
be bound by any such amendment, modification or update. MIMOP.com
may, but is under no obligation to, provide notice of any amendment,
modification or update of this Agreement or the Usage Policy. Any
modification is effective on the earlier of two days after posting
on MIMOP.com's website or two days after the sending of a notice
by MIMOP.com to Customer by email or conventional mail. If any
material modification to this Agreement or the Usage Policy is unacceptable
to you, you may terminate your subscription as provided in Section
3. However, if you do not terminate the Agreement, or if you continue
to use the Services following effectiveness of the modification,
your continued use will mean that you have accepted that modification.
MIMOP.com reserves the right to amend its service offerings and
add, delete, suspend or modify the terms and conditions of the Services
at any time and from time to time, and to determine whether and when
any such changes apply to both existing and future customers.
3. Term; Termination; Cancellation Policy
The initial term of this Agreement shall be as set forth in the
Order Form (the "Initial Term"). The Initial Term shall
begin upon commencement of the Services to Customer. After the Initial
Term, this Agreement shall automatically renew for successive terms
of equal length as the Initial Term, unless terminated or cancelled
by either party as provided in this section. The Initial Term and
all successive renewal periods shall be referred to, collectively,
as the "Term".
This Agreement may be terminated
(i) by MIMOP.com in the event of nonpayment by Customer, (ii)
by MIMOP.com, at any time, without notice, if, in MIMOP.com's
judgment, Customer is in violation of any term or condition of the
Usage Policy or Customer's use of the Service disrupts or, in MIMOP.com's
judgment, could disrupt, MIMOP.com's business operations and (iii)
by MIMOP.com in accordance with Sections 1, 8, and 9 of this Agreement.
If MIMOP.com cancels this Agreement prior to the end of the Term
or you cancel this agreement prior to the end of the Term, MIMOP.com
shall not refund to you any fees paid in advance of such cancellation
and (i) you shall be obligated to pay all fees and charges accrued
prior to the effectiveness of such cancellation, (ii) you shall be
obligated to pay 100% of all charges for all Services for each month
remaining in the Term.
4. Billing and Payment
Payment Policy
Setup Fee
The setup fee is required before service is activated, if applicable.
The setup fee and domain name registration fee are non-refundable.
Hosting Fees
The minimum contract is 1 months.
All services are on a monthly basis only. There are no month-to-month
prepayment programs.
Full payment of the setup fee, if applicable, and, if the account
is not a domain transfer, the domain name registration fee, are required
before any hosting service is rendered.
Unless the account was ordered during a promotion, the initial
1 month is billed 30 days after signup. The credit card on file will
be automatically processed for payment.
No bills or invoices will be sent to clients.
Payment Method - Credit Card
MIMOP.com accepts only credit card payments (Visa, MasterCard,
American Express, Discover).
Online credit card payment is authorized and assessed in real
time.
Once an order is successfully submitted, the client is subject
to MIMOP.com's refund policy.
Credit card will be billed on the first day of the billing cycle.
If the credit card fails, we will retry every 5 days. If the credit
card fails a 2nd time, the account will be suspended. If it fails a
3rd time, the account will be cancelled.
If payment is not received on time, then the account is cancelled.
Policy Changes
MIMOP.com reserves the right to change prices at any time.
All monetary transactions will occur in dollars.
Additional Features
Additional features such as disk space and email can be added
at any time and are billed monthly.
Monthly additional feature prices are not prorated.
Add on costs are non-refundable regardless of whether the service
was used.
Credit Card: Charges are assessed in real time for the current
month and every upcoming month until the end of their billing cycle.
Credit card will be billed on the first day of the billing cycle.
If the credit card fails, we will retry every 5 days. If the credit
card fails a 2nd time, the account will be suspended. If it fails a
3rd time, the account will be cancelled.
Additional services will be activated when payment is received.
Renewal and Billing Schedule
MIMOP.com automatically renews your account based on your previous
payment option.
5. MIMOP.com as Reseller or Licensor.
MIMOP.com is acting only as a reseller or licensor of the hardware,
software and equipment used in connection with the products and/or
Services that were or are manufactured or provided by a third party
("Non-MIMOP.com Product"). MIMOP.com shall not be responsible
for any changes in the Services that cause the Non-MIMOP.com Product
to become obsolete, require modification or alteration, or otherwise
affect the performance of the Services. Any malfunction or manufacturer's
defects of Non-MIMOP.com Product either sold, licensed or provided
by MIMOP.com to Customer or purchased directly by Customer used
in connection with the Services will not be deemed a breach of MIMOP.com's
obligations under this Agreement. Any rights or remedies Customer
may have regarding the ownership, licensing, performance or compliance
of Non-MIMOP.com Product are limited to those rights extended to
Customer by the manufacturer of such Non-MIMOP.com Product. Customer
is entitled to use any Non-MIMOP.com Product supplied by MIMOP.com
only in connection with Customer's permitted use of the Services.
Customer shall use its best efforts to protect and keep confidential
all intellectual property provided by MIMOP.com to Customer through
any Non-MIMOP.com Product and shall make no attempt to copy, alter,
reverse engineer, or tamper with such intellectual property or to
use it other than in connection with the Services. Customer shall
not resell, transfer, export or re-export any Non-MIMOP.com Product,
or any technical data derived therefrom, in violation of any applicable
United States or foreign law.
6. IP Address Ownership.
If MIMOP.com assigns Customer an Internet Protocol address
for Customer's use, the right to use that Internet Protocol address
shall belong only to MIMOP.com, and Customer shall have no right
to use that Internet Protocol address except as permitted by MIMOP.com
in its sole discretion in connection with the Services, during the
term of this Agreement. MIMOP.com shall maintain and control ownership
of all Internet Protocol numbers and addresses that may be assigned
to Customer by MIMOP.com, and MIMOP.com reserves the right to
change or remove any and all such Internet Protocol numbers and addresses,
in its sole and absolute discretion.
7. Caching.
Customer expressly (i) grants to MIMOP.com a license to cache
the entirety of the Customer Content and Customer's website, including
content supplied by third parties, hosted by MIMOP.com under this
Agreement; and (ii) agrees that such caching is not an infringement
of any of Customer's intellectual property rights or any third party's
intellectual property rights.
8. CPU Usage.
Customer agrees that Customer shall not use excessive amounts
of CPU processing on any of MIMOP.com's servers. Any violation
of this policy may result in corrective action by MIMOP.com, including
assessment of additional charges, disconnection or discontinuance
of any and all Services, or termination of this Agreement, which
actions may be taken in MIMOP.com's sole and absolute discretion.
If MIMOP.com takes any corrective action under this section, Customer
shall not be entitled to a refund of any fees paid in advance prior
to such action.
9. Bandwidth and Disk Usage.
Customer agrees that bandwidth and disk usage shall not exceed
the number of megabytes per month for the Services ordered by Customer
on the Order Form (the "Agreed Usage"). MIMOP.com will
monitor Customer's bandwidth and disk usage. MIMOP.com shall have
the right to take corrective action if Customer's bandwidth or disk
usage exceeds the Agreed Usage. Such corrective action may include
the assessment of additional charges, disconnection or discontinuance
of any and all Services, or termination of this Agreement, which
actions may be taken in MIMOP.com's sole and absolute discretion.
If MIMOP.com takes any corrective action under this section, Customer
shall not be entitled to a refund of any fees paid in advance prior
to such action.
10. Property Rights.
MIMOP.com owns all right, title and interest in and to the
Services and MIMOP.com's trade names, trademarks, service marks,
inventions, copyrights, trade secrets, patents, know-how and other
intellectual property rights relating to the design, function, marketing,
promotion, sale and provision of the Services and the related hardware,
software and systems ("Marks"). Nothing in this Agreement
constitutes a license to Customer to use or resell the Marks.
11. Customer Website; ECommerce; Customer Warranties.
Customer shall be solely responsible for the development, operation
and maintenance of Customer's website, online store and ecommerce
activities, for all products and services offered by Customer or
appearing online and for all contents and materials appearing online
or on Customer's products, including, without limitation (i) the
accuracy and appropriateness of the Customer Content and content
and material appearing in its store or on its products, (ii) ensuring
that the Customer Content and content and materials appearing in
its store or on its products do not violate or infringe upon the
rights of any person, and (iii) ensuring that the Customer Content
and the content and materials appearing in its store or on its products
are not defamatory or otherwise illegal. Customer shall be solely
responsible for accepting, processing and filling customer orders
and for handling customer inquiries or complaints. Customer shall
be solely responsible for the payment or satisfaction of any and
all taxes associated with its website and online store.
Customer shall be responsible for the security and confidentiality
of any customer information (including, without limitation, customer
credit card numbers) that Customer may receive as a result of its website
or online store.
Customer is responsible for keeping a copy of their most current web
site files as backup on a remote system (not on MIMOP.com servers).
MIMOP.com is not responsible for any lost files, information, or
data. MIMOP.com does not provide any file retrieval services.
Customer understands that system updates occur in real-time and as
queued batch processes. For example, account passwords are currently
updated as queued batch processes, therefore the update does not occur
in the system instantaneously. MIMOP.com reserves the right to modify
the processing times at any time without notice. If a client or MIMOP.com
support personnel (when authorized by client) makes any modifications
to a hosting account, the client is responsible to make sure these
updates have occurred in our system.
Customer represents and warrants to MIMOP.com that Customer owns
or has the right to use the Customer Content and material contained
therein, including all text, graphics, sound, music, video, programming,
scripts and applets, and the use, reproduction, distribution
and transmission of the Customer Content and any information
and materials contained
therein does not, and will not, (i) infringe or misappropriate
any copyright, patent, trademark, trade secret or any other proprietary
right of a third party, (ii) violate any criminal laws or (iii)
constitute
false advertising, unfair competition, defamation, an invasion
of privacy, violate a right of publicity or violate any others' right.
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Usage Policy
| This is MIMOP.com's Usage Policy, which supplements the service agreement
of each user of MIMOP.com's services (each, a "Subscriber").
Every Subscriber is subject to this Usage Policy, and by virtue of using
MIMOP.com's services, network and/or systems (collectively the "Services")
agrees to be bound by this Usage Policy. MIMOP.com will revise this
Usage Policy from time to time. A Subscriber's use of the Services after
revisions to the Usage Policy are posted on MIMOP.com's website at
http://www.MIMOP.com.net, will constitute such person's acceptance
of any changes or additions to the Usage Policy.
Subscribers violate this Usage Policy when they (or their affiliates
or customers) engage in the following prohibited activities.
Violations of Intellectual Property Rights
Any violation of any person's intellectual property rights, rights
of privacy, rights of publicity or other personal rights is prohibited.
MIMOP.com is required by law to remove or block access to content
appearing on or through the Services upon receipt of proper notice
of copyright infringement (see "Copyright Infringement Notice
Information" below).
Spamming
MIMOP.com has zero tolerance for UBE/UCE (unsolicited bulk
email/unsolicited commercial email). This policy protects our customers
as well as the Internet community from the negative effects of "spam" related
activity. MIMOP.com defines UBE/UCE as unsolicited broadcast or
commercial email that is sent to addresses that do not affirmatively
and verifiably request such material from that specific sender.
Our Policies
1. MIMOP.com customers, or any user of bandwidth and/or services
on our network (herein described as 'users') are prohibited from sending
UBE/UCE. Users may be asked to produce records that verify that explicit
affirmative permission was obtained from a recipient before a mailing
was sent. MIMOP.com may consider the lack of such proof of explicit
affirmative permission of a questionable UBE/UCE at its sole discretion.
2. MIMOP.com customers are prohibited from maintaining open mail
relays on their servers. Ignorance of the presence or operation of
an open mail relay is not and will not be considered an acceptable
excuse for its (the open mail relay) operation. Multiple infractions
of this policy will result in a discontinuation of service.
3. MIMOP.com customers will be notified in the event that their
sites are in violation of the above policy. Again, failure to rectify
such situations may be cause for termination of service.
4. MIMOP.com customers are prohibited from providing hosting services
for websites that have been included in UBE/UCE. Hosting includes,
but is not limited to, hosting website(s), providing DNS services as
well as website redirect services.
5. Valid complaints received by MIMOP.com will be forwarded to the
customer for a response and resolution. If within twenty-four (24)
hours there is no response, MIMOP.com may block traffic to and from
the IP address involved in the UBE/UCE complaint until the problem
is resolved and preventative measures have been implemented to prevent
the violation from recurring. All users are responsible for maintaining
a working email contact and updating that information with MIMOP.com
when it changes.
6. If MIMOP.com receives repeat complaints indicating that a problem
has not been resolved, MIMOP.com reserves the right to suspend and/or
cancel any and all services provided to the user after a notification
of no less than two (2) hours.
To report an incidence of abuse, please email abuse@MIMOP.com.net
Misrepresentation of Transmission Information
Forging, misrepresenting, omitting or deleting message headers,
return mailing information and/or Internet protocol addresses to
conceal or misidentify the origin of a message is prohibited.
Viruses and Other Destructive Activities
Use of the Services for creating or sending Internet viruses,
worms or Trojan horses, or for pinging, flooding or mailbombing,
or engaging in denial of service attacks is prohibited. It is also
prohibited for any Subscriber to engage in other activity that is
intended to disrupt or interfere with, or that results in the disruption
of or interference with, the ability of others to effectively use
the Services (or any connected network, system, service or equipment)
or conduct their business over the Internet.
Hacking
"
Hacking" and related activities is prohibited. "Hacking" includes,
but is not limited to, the following activities: illegally or without
authorization accessing computers, accounts or networks, penetrating
or attempting to penetrate security measures, port scans, stealth scans
and other activities designed to assist in hacking.
Export Control Violations
The exportation of encryption software outside of the United
States and/or violations of United States law relating to the exportation
of software is prohibited.
Child Pornography
The use of the Services to store, post, display, transmit, advertise
or otherwise make available child pornography is prohibited. MIMOP.com
is required by law, and will, notify law enforcement agencies when
it becomes aware of the presence of child pornography on, or being
transmitted through, the Services.
Other Illegal Activities
The use of the Services to engage in any activities that are
determined by MIMOP.com, in its sole and absolute discretion, to
be illegal is prohibited. Such illegal activities include, but are
not limited to, storing, posting, displaying, transmitting or otherwise
making available ponzi or pyramid schemes, fraudulently charging
credit cards or displaying credit card information of third parties
without their consent, and failure to comply with applicable online
privacy laws. MIMOP.com will cooperate fully with appropriate law
enforcement agencies in connection with any and all illegal activities
occurring on or through the Services.
Obscene, Defamatory, Abusive or Threatening Language
Use of the Services to store, post, transmit, display or otherwise
make available obscene, defamatory, harassing, abusive or threatening
language is prohibited.
Other Activities
Engaging in any activity that, in MIMOP.com's sole and absolute
discretion, disrupts, interferes with or is harmful to (or threatens
to disrupt, interfere with or be harmful to) the Services, MIMOP.com's
business, operations, reputation, goodwill, customers and/or customer
relations, or the ability of MIMOP.com's customers to effectively
use the Services is prohibited. Such prohibited activities include
making available any program, product or service that is designed
to or could be used to violate this Usage Policy. In addition, the
failure by a Subscriber to cooperate with MIMOP.com in correcting
or preventing violations of this Usage Policy by, or that result
from the activity of, a customer of the Subscriber is a violation
of this Usage Policy.
In general, MIMOP.com does not monitor its customers' websites or
activities to determine whether they are in compliance with this Usage
Policy. However, when MIMOP.com becomes aware of any violation of
this Usage Policy or its User Agreement, MIMOP.com may take any action
to stop or correct such violation, including, but not limited to, shutting
down a website, denying access to the Services or to the Internet,
and/or removing information. In addition, MIMOP.com may take action
against a Subscriber or a customer of such Subscriber because of the
activities of such customer. MIMOP.com reserves the right to take
any such action even though such action may affect other customers
of the Subscriber.
MIMOP.com may disclose any information in its possession, including,
without limitation, information about Subscribers, internet transmissions
and website activity in order to comply with a court order, subpoena,
summons, discovery request, warrant, statute, regulation or governmental
request, to protect MIMOP.com or others from harm, and/or to ensure
the proper operation of the Services. MIMOP.com has no obligation
to notify any person, including the Subscriber about whom information
is sought, that MIMOP.com has provided the information.
Copyright Notice Infringement Information
In accordance with the Digital Millennium Copyright Act, MIMOP.com
has adopted a policy that provides for termination of websites hosted
by MIMOP.com that are found to infringe on copyrights of third
parties. If a copyright holder believes that there has been a violation
of his or her copyright on a website that is hosted by MIMOP.com
or its subsidiaries, and the copyright holder wants MIMOP.com to
remove the website or disable the material in question, MIMOP.com
will remove the website or disable the material if the copyright
holder provides us with all of the following information:
1. A signature of a person authorized to act on behalf of the owner
of the exclusive right that is allegedly infringed. Identification
of the copyrighted work that is claimed is being infringed, or, in
the case of claimed infringement of multiple copyrighted works, a representative
list of such works.
2. Identification of the material that is claimed to be infringing
or is the subject of infringing activity and that should be removed
or access to which should be disabled, with information reasonably
sufficient to permit us to locate the material.
3. Information reasonably sufficient to permit us to contact the person
giving the notification, such as an address and telephone, and, if
available, an electronic mail address at which such person may be contacted.
4. A statement that the person giving the notification has a good
faith belief that use of the material in the manner complained of is
not authorized by the copyright owner, its agent, or the law.
5. A statement that the information in the notification is accurate,
and under penalty of perjury, that the person giving the notification
is authorized to act on behalf of the owner of the exclusive
right that is allegedly infringed. |
Refund Policy
| 30 Days Money Back Guarantee
If you are dissatisfied with your service for any reason, you will receive a full refund (minus overage charges) if you cancel your account within 30 days of activation.
Our refund policy does not apply to any additional items or services; this includes but is not limited to Dedicated IP's.
Also NOT included are Domain Registration services, Dedicated Hostings, and One-time Setup Fees.
No refunds are available after the initial 30 day period. Any request for cancellation must be received via the web, regular mail or fax and you will receive a confirmation upon the cancellation of your account. Cancellations over the telephone and informal email are not accepted.
This 30 day money back guarantee does not apply to any fees associated with these accounts. Accounts cancelled/terminated by MIMOP.com. For violating our Usage Policy do not qualify for our 30 day money back guarantee. For example, if your account is cancelled due to spamming, you will not be given any refund.
Please allow 3-4 working days for refunds to take place. |
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