Acceptance of Terms
By applying for hosting and/or email account(s) at Myriad Network you: (a) agree to be bound by these terms and conditions; (b) represent and warrant that, if You are an individual, You are 18 years old or older or, if you are an entity, that You are a corporation, partnership, or other legal entity duly formed (and incorporated if applicable) in good standing where required to do business with all legal authority and power to accept these Terms; (c) agree to provide true, accurate, current, and complete information in the Service registration form, including billing and credit card related information and other account information (all together, the "Account Information"), and agree to maintain and update this information to keep it true, accurate, current, and complete; (d) represent and warrant that You have the power and authority to enter into and perform under these Terms.
IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS, DO NOT COMPLETE THE SIGNUP PROCESS.
Payments and Fees
Credit cards that are declined for any reason are subject to a $5.00 declined fee. Accounts not paid within 5 days will have service suspended. Service interruption for nonpayment is subject to a $17.95 disconnection charge.
Accounts that are not collectable by Myriad Network may be turned over to an outside collection agency for collection. If your account is turned over for
collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you require a paper statement a $2
administrative fee will be added to your invoice.
Account Renewal
The initial term of this Agreement and these Terms will commence on the date that you first use the Service and will remain effective for the period of time corresponding to the plan selected during the signup process ("Initial Term"). If you wish to terminate the services at the end of the Initial Term or any subsequent term to which you have agreed ("Renewal Term"), you must submit a ticket to the billing department via our online helpdesk or via email at billing@myriadnetwork.com. Neither U.S. mail nor phone notification shall be acceptable.
If you fail to notify Myriad Network of your intent not to renew, this Agreement will be automatically renewed, seven (7) days prior to the end of the Initial Term, for a month-to-month period, or for one year in the case of products with an annual term, at the price stated during the Initial Term, unless otherwise agreed upon by both Myriad Network and the customer.
Account Cancellation
Requests for canceling accounts must be made with at least 7 days but not more than 14 days prior notice.
Requests for canceling accounts must be submitted via our online helpdesk or via email at billing@myriadnetwork.com.
Your account is not canceled until you receive a confirmation from billing. Please do retain this confirmation for future reference.
Neither U.S. mail nor phone notification shall be acceptable.
Refunds
Refunds will only be issued within the first 30 days of service and only to first time accounts. Myriad Network reserves the right to deduct bandwidth fees at a rate of $40/Mbps or $1/GB, whichever is lesser, from any amount due. After the first 30 days a refund will not be issued for any unused period of service. Refunds will be issued by check within 2 weeks of the account cancellation. Refund checks will only be mailed to the account owner at the address provided during account signup. Refunds will not be issued for setup fees, third party products to include, but not limited to, domain registrations, SSL certificates and software purchased on behalf of the customer.
Disputes
All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer,
that in Myriad Network's sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay Myriad Network an administrative fee
of not less than $50 and not more than $100.
Failure to Pay
Myriad Network may temporarily deny service or terminate service upon failure of the customer to pay charges when due. Such termination or denial will not
relieve customer of responsibility for the payment of accrued charges, plus reasonable interest and any collection fees. If your service is terminated your account and all information contained within is deleted permanently. Myriad Network accepts no liability for information or content that is deleted due to failure to pay.
Warranties/Disclaimers
Myriad Network hosting service is provided on an "as is, as available" basis. No warranties, express or
implied, including, but not limited to, those of merchantability or fitness
for a particular purpose, are made with respect to Myriad Network hosting service or any information or
software therein. You release Myriad Network from and Myriad Network shall have
no liability or responsibility for any direct, indirect, incidental or consequential damages suffered by you
in connection with your use of or inability to use the Myriad Network services
including, but not limited to, damages from loss of data resulting from delays, non-deliveries,
mis-deliveries, or service interruptions, or due to inadvertent release or disclosure of
information sent by you even if the same is caused by Myriad Network own negligence. Without limiting the
generality of the foregoing, Myriad Network disclaims to the full extent
permitted by applicable law any responsibility for (and under no circumstances shall be liable for) any
conduct, content, goods and services available on or through the Internet
or the Myriad Network services. In no event shall Myriad Network aggregate liability exceed the amount paid
by you to Myriad Network for the Myriad Network services. Use of any information
obtained via Myriad Network hosting service is at the user's own risk. Myriad Network specifically disclaims
any responsibility for the accuracy or quality
of information obtained through its services.
Security
The Customer is responsible for all use of the Customer's account(s) and confidentiality of password(s),
including choosing safe passwords and ensuring file protections are
set correctly. Myriad Network will suspend access or change access to Customer's account(s) immediately upon
notification by Customer that Customer's
password has been lost, stolen or otherwise compromised. Myriad Network is not liable for any usage and or
charges prior to Myriad Network
making the necessary account alteration. Electronic mail on this system is as private as we can make it.
Myriad Network customers are reminded that no computer
network can ever be considered completely safe from intrusion. E-Mail may pass through many computer systems,
and should not be considered a secure means of communication
unless encrypted and even encrypted information is only as secure as the encryption method utilized.
Data Storage
Myriad Network is not responsible for any Customer's personal files residing on Myriad Network. The Customer
is responsible for independent backup
of the Customer's data that is stored on Myriad Network. Myriad Network reserves the right to delete any
Customer's personal files after one or both
parties terminate the service agreement between Myriad Network and the Customer.
Non-Transferability of Account
The right to use Myriad Network service is not transferable. Use of Myriad Network accounts is expressly
limited to the individual or business
whose name appears on the account.
Compliance with all Laws
Customer agrees to use the service in a manner consistent with any and all applicable laws and regulations of
the United States of America, the State of Virginia and
the Customer's locality. Reproduction or transmission of any material in violation of any local, state, U.S.A.,
or international law or regulation is prohibited. The Customer agrees
that any material to be reproduced or transmitted on Myriad Network service through customer 's account(s)
does not violate or infringe any copyright, trademark,
patent, statutory, common law or proprietary rights of others, or contain anything obscene, libelous or
threatening. Software intended to facilitate any such violations or
infringements may not be stored on Myriad Network.
Indemnity
The customer shall defend, indemnify and hold harmless Myriad Network, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, from and against any claims, liabilities and expenses, including attorney fees, made by any third party due to or arising out Customer's use of the Myriad Network or a Customer's account in an unlawful manner or otherwise in violation of or contrary to the Customer's Agreement with Myriad Network or Myriad Network's Acceptable Use Policies. At Myriad Network's discretion, Myriad Network may revoke any Customer's access to Myriad Network or accounts for inappropriate usage.
Cooperation with Authorities
While we have neither time or interest in reading traffic directed to or from users of our service, you are
advised that there is no guarantee of privacy, either explicit or implied. We will
cooperate fully with any request from any law enforcement agency presenting proper documentation according to
the law, and any Internet Service Provider seeking to investigate
spamming or hacking incidents believed to be connected with our service.
Acceptable Use Policy
Users are responsible for regularly reviewing the Myriad Network Acceptable Use Policy (AUP) located at web
address http://www.MyriadNetwork.com/legal/aup.php. The Acceptable Use
Policy is subject to change, without prior notice, upon posting to the aforementioned web address.
Confidentiality of Personal Subscriber Information
Myriad Network will not release a Customer's personal subscriber information, nor a Customer's billing
information, to any third party except upon presentation of a
valid court order of a government or entity within our jurisdiction. Customer agrees that Myriad Network's
judgment as to the validity of any court order of subpoena
shall be considered proper and final.
Myriad Network Right to Suspend or Cancel Account
Myriad Network reserves the right to suspend or cancel service to a Customer at any time and without notice,
for any reason, including, but not limited to, refusal or failure
to pay for services provided or by sole judgment of Myriad Network that the Customer may be performing
activities harmful to Myriad Network or its
Customers, employees, vendors, business relationships or any other users of the Internet.
Right to Damages
Myriad Network reserves the right to collect damages (software, hardware and man hours) if any harm is done
to Myriad Network which requires
repair or reconfiguration of any kind. In the event a Clients account is turned over to a collection agency,
Client accepts and acknowledge that the Client will be responsible for
all applicable fees Myriad Network incurs related to the collection of monies due Myriad Network. Damages
will be billed for downtime due to customer damage at a
minimum of $200 per hour.
Other Remedies/Non-Waiver
Nothing contained in these policies shall be construed to limit action Myriad Network may take or remedies
available to Myriad Network in any way with
respect to any of the described conduct. Myriad Network reserves the right to take any additional actions
Myriad Network may consider appropriate
with respect to such conduct, including without limitation taking action to recover the costs and expenses of
identifying offenders and removing them from the Myriad Network
and levying cancellation charges to cover Myriad Network's costs in the event of disconnection of dedicated
access for the causes outlined
above. In addition, Myriad Network reserves at all times all rights and remedies available to Myriad Network
with respect to such conduct at law or in
equity. Non-enforcement of any policy or rule herein does not constitute consent or waiver, and Myriad
Network reserves the right to enforce such policy or rule
at its sole discretion.
Right to Change Service
Myriad Network reserves to right, in its sole discretion, to change, modify, add, or remove all or parts of these Terms, including but not limited to any term, applicable fee, policy, or guideline, at any time without notice or acceptance by the customer. You acknowledge and agree that it is your responsiblity to review this site and this TOS periodically and to be aware of any modifications. You may identify whether Myriad Network has revised the TOS by noting the "Effective Date" below. Your continued use of the Service following posting of changed Terms will constitute customers' acceptance of such changes. If you do not agree to these terms, please contact us to cancel your service(s).
Waivers and Limitations of Liability
By using any Myriad Network service, you agree to binding arbitration. If any disputes or claims arise
against Myriad Network or its subsidiaries, such disputes will be handled by an arbitrator of Myriad Network's choice. Each party shall bear their own attorneys' fees, and the initiating party shall bear the costs of the arbitration's expenses. Virginia law shall be controlling. Any judgment upon the award rendered pursuant to the arbitration proceeding may be entered in any court having competent jurisdiction. You agree our maximum liability is limited to a refund or rebate of charges you have paid or owe to us.
Force Majeure
You agree that Myriad Network is not responsible for any damages, delays, or other failures to fulfill its obligations hereunder as a result of war, fire, strike, riot or insurrection, natural disaster, delay of carriers, governmental order or regulation, complete or partial shutdown of plant, unavailability of materials or equipment from suppliers, failures or blackouts, labor disputes, and/or other occurrences beyond its control whether or not similar to those listed above.
General
The Terms of Service (TOS) and Acceptable Use Policy (AUP) constitutes the entire agreement between the customer and Myriad Network, superseding any prior agreements between you and Myriad Network (including, but not limited to, any prior versions of the TOS and/or AUP) and any prior representations by Myriad Network. The laws of the State of Virginia, U.S.A shall govern the TOS and AUP and the relationship between the customer and Myriad Network without regard to its conflict of law provisions. The customer and Myriad Network agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Loudoun, Virginia, U.S.A. The failure of Myriad Network to exercise or enforce any right or provision of the TOS or AUP shall not constitute a waiver of such right of provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS and AUP shall mail in full force and effect.
Digital Millennium Copyright Act (DMCA) Violation Reporting Guidelines
Reports of DMCA violations must meet the following criteria:
A. Reports must be submitted either via email (abuse@myriadnetwork.com) or by mail to the following address:
ATTN: DMCA Compliance Officer
SecurityMinded Technologies LLC.
DBA. Myriad Network
37 Pidgeon Hill Drive #106
Sterling, VA 20165
B. Reports must be signed by the holder of the infringed copyright or the holder's authorized agent.
C. Reports must clearly and specifically indication the exact location (URL), nature, and extend of each instance of allegedly infringing content.
D. Reports must clearly and specifically identify the exact copyrighted material that is being infringed.
E. Reports must include sufficient documentation to allow us to verify with certainty the copyright status of the reported material.
F. Reports must include full and complete contact information for the copyright holder and, if applicable, copyright holder's authorized agent.
G. Reports must include the statement "I have a good faith belief that use of the copyrighted materials described herein is not authorized by the copyright holder, the copyright holder's agent, or the law. I, the undersigned, CERTIFY UNDER PENALTY OF PERJURY that I am the agent authorized to act on behalf of the owner of certain intellectual property rights and the information in this notification is accurate."
H. Questions about the Digital Millennium Copyright Act (DMCA) and/or its provisions should be directed to a legal professional.
Effective date: December 01, 2004
Acceptable Use Policy (AUP)
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