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This agreement between MY SERVER CONNECTIONS™️("MY SERVER CONNECTIONS"), and you ("You," "Your" or "Customer") consists of (a) these Terms of Service, (b) the Additional Terms (as defined below) and (c) any MY SERVER CONNECTIONS Order Form (as defined below), if applicable (collectively, this "Agreement"). This Agreement governs Your use of the MY SERVER CONNECTIONS (as defined below).
BY EXECUTING AN MY SERVER CONNECTIONS ORDER FORM, CREATING AN ACCOUNT (AS DEFINED BELOW), USING MY SERVER CONNECTIONS OR OTHERWISE INDICATING YOUR ACCEPTANCE OF THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ARE LAWFULLY ABLE TO ENTER INTO THIS AGREEMENT, HAVE READ THIS AGREEMENT AND ARE BOUND BY THIS AGREEMENT, AND YOU HEREBY AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE AN INDIVIDUAL ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU HEREBY REPRESENT AND WARRANT TO MY SERVER CONNECTIONS THAT YOU ARE AUTHORIZED TO ENTER INTO THIS AGREEMENT ON BEHALF OF CUSTOMER AND BIND CUSTOMER TO THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, IN WHICH CASE, THE TERM “CUSTOMER” WILL REFER TO SUCH ENTITY. IF YOU DO NOT ACCEPT ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT OR ARE NOT AN AUTHORIZED AGENT FOR CUSTOMER, DO NOT EXECUTE AN MY SERVER CONNECTIONS ORDER FORM, CREATE AN ACCOUNT OR OTHERWISE USE THE MY SERVER CONNECTIONS SERVICES.
Customer may gain access to the MY SERVER CONNECTIONS by (a) executing an MY SERVER CONNECTIONS Order Form or (b) creating an online account here (an "Account"), which includes and requires clicking a box indicating Customer's acceptance of this Agreement. If Customer elects to purchase access to the MY SERVER CONNECTIONS through Customer’s Account, Customer will, among other things, select the following from the options presented: (i) the applicable MY SERVER CONNECTIONS; (ii) the Service Term (as defined below); and (iii) a payment plan and method.
MY SERVER CONNECTIONS reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement (including the Additional Terms) and to impose new or additional rules, policies, terms, or conditions on Your use of the MY SERVER CONNECTIONS. MY SERVER CONNECTIONS will communicate changes to this Agreement by posting the new version of this Agreement on its website here or as otherwise determined by MY SERVER CONNECTIONS in its sole discretion, at which time such updated Agreement will be immediately effective. Your continued use of any MY SERVER CONNECTIONS Services after such notification of changes to this Agreement will constitute Your acceptance of any and all such changes. Notwithstanding the foregoing, MY SERVER CONNECTIONS will notify You of any material changes to this Agreement.DEFINITIONS
"Applicable Law" means all applicable laws, regulations, ordinances, rules, codes and orders of governmental authorities having jurisdiction over MY SERVER CONNECTIONS and Customer.
"Content Data" means all applications, files, data, information or other content uploaded to or published, displayed or backed up through the MY SERVER CONNECTIONS Services by Customers, Users or MY SERVER CONNECTIONS (when acting upon Customer's instructions as part of an MY SERVER CONNECTIONS), excluding Usage Data.
"Documentation" means written, published information accessible here as updated from time to time.
"Fees" means the prices Customer agrees to pay to access and use the MY SERVER CONNECTIONS Services inclusive of any discounts or promotional pricing provided.
"Infringement Claim" means any third party claim that the use by Customer solely of the MY SERVER CONNECTIONS Services, as used as contemplated in this Agreement, infringes any patent, trademark or copyright of a third party, or misappropriates a trade secret (but only to the extent that the misappropriation is not a result of Customer’s actions) under the laws of the United States.
"Intellectual Property Rights" means copyrights (including, without limitation, the exclusive right to use, reproduce, modify, distribute, publicly display and publicly perform the copyrighted work), trademark rights (including, without limitation, trade names, trademarks, service marks, and trade dress), patent rights (including, without limitation, the exclusive right to make, use and sell), trade secrets, moral rights, right of publicity, authors’ rights, contract and licensing rights, goodwill and all other intellectual property rights as may exist now and/or hereafter come into existence and all renewals and extensions thereof, regardless of whether such rights arise under the law of the United States or any other state, country or jurisdiction.
"Login Credentials" means any user IDs, passwords, authentication keys or security credentials that enable Customer's access to and management of the MY SERVER CONNECTIONS Services.
"MY SERVER CONNECTIONS Order Form" means a written ordering document executed by an authorized representative of each of MY SERVER CONNECTIONS and Customer that incorporates these Terms of Service by reference. The MY SERVER CONNECTIONS Order Form will specify the MY SERVER CONNECTIONS that Customer is purchasing, payment obligations related thereto and the duration of the Service Term.
"MY SERVER CONNECTIONS Partner" means a third party reseller or distributor authorized by MY SERVER CONNECTIONS to sell MY SERVER CONNECTIONS.
"MY SERVER CONNECTIONS" means MY SERVER CONNECTIONS's, a current list of which is located here.
"Service Specific Terms" means the additional terms that govern specific MY SERVER CONNECTIONS, which are located here.
"Service Term" means the Initial Service Term (as defined below) plus any Renewal Term(s) (as defined below).
"Support" means the support services provided by or on behalf of MY SERVER CONNECTIONS for the applicable MY SERVER CONNECTIONS purchased by Customer pursuant to an MY SERVER CONNECTIONS Order Form or through Customer’s Account, which are described in the Support Policies.
"Support Policies" means the statement of support, service level agreements and any other support policies for MY SERVER CONNECTIONS located here.
"Third Party Product" means any non-MY SERVER CONNECTIONS-branded products and (including hardware) and non-MY SERVER CONNECTIONS-licensed software products.
"Updates" means any updates, enhancements, modifications, improvements, patches and/or upgrades to any MY SERVER CONNECTIONS that MY SERVER CONNECTIONS generally makes available to its customers for no additional charge.
"Usage Data" means any and all information reflecting the access or use of the MY SERVER CONNECTIONS by or on behalf of Users, including, but not limited to, visit-, session-, or stream-data and any statistical or other analysis, information or data based on or derived from any of the foregoing.
"Users" means any users that access Your content or that use the MY SERVER CONNECTIONS under Customer's Login Credentials.
ACCESS TO MY SERVER CONNECTIONS SERVICES EVALUATION. If You access the MY SERVER CONNECTIONS on an evaluation or beta basis (the "Evaluation Service"), then You may use the Evaluation Service only for evaluation purposes and for a period of thirty (30) calendar days, beginning on the date MY SERVER CONNECTIONS provides Customer with Login Credentials, unless otherwise specified in writing by MY SERVER CONNECTIONS (the "Evaluation Period"). Notwithstanding any other provision of this Agreement, MY SERVER CONNECTIONS provides the Evaluation Service (i) free of charge and without Support and (ii) "AS IS" without indemnification or warranty of any kind but without prejudice to the statutory rights of consumers based in the EU. The Support Policies do not apply to the Evaluation Service. Also, certain features or described in the Service Specific Terms may not be available for the Evaluation Service. Continued use of the MY SERVER CONNECTIONS Services after the Evaluation Period requires that Customer (A) register for the applicable MY SERVER CONNECTIONS Services through Customer's Account or by executing an MY SERVER CONNECTIONS Order Form and (B) submit the applicable payment. Upon expiration of the Evaluation Period, You will not have access to the Evaluation Service or to any Content Data therein.
ACCESS TO MY SERVER CONNECTIONS SERVICES. Customer may access and use the MY SERVER CONNECTIONS Services for which it has registered (via an MY SERVER CONNECTIONS Order Form or through Customer's Account) solely for its own benefit and only in accordance with this Agreement. As a condition to using the MY SERVER CONNECTIONS Services, Customer must set up an authorized Account with Login Credentials. Customer will provide accurate and complete information in its Account and will update its information as necessary to keep it current. For purposes of fraud prevention, MY SERVER CONNECTIONS may require Customer to provide documentation verifying their identity and payment information. Failure to provide accurate information in response to such a request will result in the cancellation of Customer's order(s) and immediate termination of Customer’s Account. Customer may manage its Account through the MY SERVER CONNECTIONS portal available here. Customer is solely responsible for the security of its and its Users' Login Credentials. Customer will ensure that its Users do not share Login Credentials with others. Customer is responsible for any use that occurs under its Login Credentials, including any activities by Users. If Customer believes an unauthorized person has gained access to Login Credentials, Customer will notify MY SERVER CONNECTIONS as soon as possible by contacting Customer Support via chat, phone or by email directed at email@example.com. Customer will ensure that Users comply with all terms and conditions of this Agreement and Customer remains responsible and liable for the acts and omissions of the Users. If Customer becomes aware of any violation by any User, Customer will immediately terminate that User’s access to Content Data.
UPDATES TO MY SERVER CONNECTIONS SERVICES. MY SERVER CONNECTIONS may change the MY SERVER CONNECTIONS Services at any time, and may add, modify or discontinue references, ranges, options or features, as well as upgrade performance of MY SERVER CONNECTIONS Services. Notwithstanding the foregoing, modifications to Third Party Products and urgent changes to the MY SERVER CONNECTIONS Services in response to security risks, or legal or regulatory compliance updates may result in immediate modifications to the MY SERVER CONNECTIONS Services. In the case of an update that substantially degrades existing MY SERVER CONNECTIONS Services in use by Customer (removal of functionality, performance downgrade, etc.), Customer may terminate the relevant MY SERVER CONNECTIONS by notifying the MY SERVER CONNECTIONS Customer Support Team, within thirty (30) calendar days from the date the relevant update is implemented.
END OF LIFE. In the event that any MY SERVER CONNECTIONS Service reaches end-of-life, MY SERVER CONNECTIONS will attempt to notify You at least thirty (30) calendar days in advance of the end-of-life date (the "EOL Date"). Customer is responsible for migrating to a new MY SERVER CONNECTIONS Service before the EOL Date or otherwise cease using said MY SERVER CONNECTIONS Service before the EOL Date. Following the EOL Date, MY SERVER CONNECTIONS will either offer a comparable MY SERVER CONNECTIONS Service for You to migrate to for the remainder of your Service Term, a pro-rated credit or a prorated refund, to be determined by MY SERVER CONNECTIONS at its sole discretion.
SUPPORT. Subject to the terms and conditions of this Agreement, MY SERVER CONNECTIONS will provide support to Customer for the MY SERVER CONNECTIONS Services in accordance with the then applicable Support Policy. Customer acknowledges that MY SERVER CONNECTIONS is not responsible for technical issues that cannot be identified as being primarily caused by the MY SERVER CONNECTIONS Services.
PURCHASES AND PRICING. Customer may purchase the right to access and use the MY SERVER CONNECTIONS Services by (i) registering for the applicable MY SERVER CONNECTIONS Services through Customer's Account, or (ii) executing an MY SERVER CONNECTIONS Order Form. MY SERVER CONNECTIONS offers different types of rates depending on the type of MY SERVER CONNECTIONS Service (monthly flat-rate, yearly flat-rate, metered-usage, etc.). These rates may be linked to a commitment to a particular period of use and/or a specific method of invoicing. Purchase of the MY SERVER CONNECTIONS Services includes access to any applicable Support during the Service Term. The provisioning time for MY SERVER CONNECTIONS may vary depending on the MY SERVER CONNECTIONS ordered. Some MY SERVER CONNECTIONS are made available only upon receipt by MY SERVER CONNECTIONS of payment from Customer in advance for the relevant MY SERVER CONNECTIONS. It is the responsibility of Customer to ensure the delivery terms for the ordered MY SERVER CONNECTIONS meets Customer's needs.
PAYMENT METHOD. Customer will pay MY SERVER CONNECTIONS in accordance with the payment method identified in Customer's Account or in an MY SERVER CONNECTIONS Order Form, as applicable. Payment method options may include payment (i) by credit card or (ii) via eCheck/ACH, as applicable. If Customer makes an automatic payment arrangement, MY SERVER CONNECTIONS will provide Customer with a writing or its electronic equivalent describing the terms of such automatic payment arrangement. To use this automatic payment arrangement, Customer agrees to receive the terms of such authorization electronically as set forth herein. Customer also agrees that its electronic acceptance of the terms of such authorizations will constitute valid and binding electronic signature that will have the same force and effect as a handwritten signature by Customer. Customer will provide true, complete and accurate information with respect to the applicable method of payment and agrees to promptly contact MY SERVER CONNECTIONS and to otherwise update Customer's Account if any such information needs to be updated. Customer will ensure that Customer has sufficient funds or credit (as applicable) associated with the selected method of payment. Customer understands that the amounts charged or debited may vary and that this authorization will remain in effect until the expiration or termination of this Agreement. If an ACH payment is returned from the applicable bank account for insufficient or uncollected funds or for erroneous information, MY SERVER CONNECTIONS may reinitiate the returned ACH debit to the applicable bank account. Any amounts owed to MY SERVER CONNECTIONS that cannot be collected by ACH debit may be charged to any backup credit card on file for Customer.
PURCHASE ORDER. Customer may elect to issue a purchase order to MY SERVER CONNECTIONS or an MY SERVER CONNECTIONS Partner, as applicable, by indicating its preference to do so on the applicable MY SERVER CONNECTIONS Order Form. If Customer so elects to issue a purchase order, Customer must issue such purchase order to MY SERVER CONNECTIONS or an MY SERVER CONNECTIONS Partner within five (5) business days from the Effective Date of any MY SERVER CONNECTIONS Order Form, or MY SERVER CONNECTIONS shall have the option to cancel the MY SERVER CONNECTIONS Order Form and its terms shall be null and void. Any additional or conflicting terms contained in any Customer purchase order, proposal or other document shall be deemed to be rejected by MY SERVER CONNECTIONS without need of further notice of objection, even if such document is acknowledged or accepted by MY SERVER CONNECTIONS, and regardless of any statement to the contrary which may be contained therein, and shall be of no effect or in any way binding upon MY SERVER CONNECTIONS.
PAYMENT TERMS. Customers who choose to pay by credit card shall be charged on behalf of MY SERVER CONNECTIONS on or about the date Customer is invoiced by MY SERVER CONNECTIONS for the MY SERVER CONNECTIONS purchased. Subject to a successful credit check initiated by MY SERVER CONNECTIONS, Customers that pay by eCheck or ACH will pay all invoices issued by MY SERVER CONNECTIONS within thirty (30) calendar days of the date of the invoice or as otherwise set forth in an applicable MY SERVER CONNECTIONS Order Form. Notwithstanding the foregoing, if Customer has arranged for payment by credit card, MY SERVER CONNECTIONS may charge Customer's card on or after the invoice date. Except as otherwise provided in this Agreement or as otherwise provided by Applicable Law, all Fees are non-cancelable and non-refundable. Unless otherwise set forth in the Service Specific Terms, all monthly or prepaid Fees will be due in advance and all Fees based on actual metered usage of an MY SERVER CONNECTIONS Service will be due in arrears. If any payment is delinquent (including if payment is late due to a credit card chargeback or insufficient funds), MY SERVER CONNECTIONS may, without limiting any remedies available to MY SERVER CONNECTIONS: (i) terminate this Agreement and/or any applicable MY SERVER CONNECTIONS Order Form; or (ii) suspend performance of or access to the applicable MY SERVER CONNECTIONS , until payment is made current. Customer will pay interest on all delinquent amounts at the lesser of 1.5% per month or the maximum rate permitted by Applicable Law. If MY SERVER CONNECTIONS terminates this Agreement for non-payment, the Fees for the remainder of the Service Term shall be due immediately. All Fees are exclusive of all sales, use, excise, value added, withholding and other taxes, and all customs duties and tariffs now or hereafter claimed or imposed by any governmental authority upon the MY SERVER CONNECTIONS Services will be paid by Customer. MY SERVER CONNECTIONS reserves the right to increase prices for MY SERVER CONNECTIONS Services at any time, although increases in prices for MY SERVER CONNECTIONS Services will not go into effect until the next renewal of the Service Term. Upon commencement of any Renewal Term, unless otherwise provided in the terms of an applicable promotion or provided in an MY SERVER CONNECTIONS Order, any promotional pricing or discounts shall automatically discontinue, and Customer shall be charged the rates for the MY SERVER CONNECTIONS Services posted on the MY SERVER CONNECTIONS website or detailed in the applicable MY SERVER CONNECTIONS Order Form. If Customer purchases through an MY SERVER CONNECTIONS Partner, all fees and other procurement and delivery terms will be agreed between Customer and the applicable MY SERVER CONNECTIONS Partner. EXCEPT AS REQUIRED BY APPLICABLE LAW OR AS EXPRESSLY SET FORTH IN THIS AGREEMENT, MY SERVER CONNECTIONS IS NOT OBLIGATED TO REFUND ANY FEES OR OTHER PAYMENTS ALREADY PAID, AND ANY CANCELLATION BY CUSTOMER WILL TAKE PLACE AT THE END OF THE APPLICABLE SERVICE TERM.
INVOICE DISPUTES. If the parties determine that certain billing inaccuracies are attributable to MY SERVER CONNECTIONS, MY SERVER CONNECTIONS will apply credit to Customer's Account. To the fullest extent permitted by law, Customer waives all claims relating to Fees unless claimed within sixty (60) calendar days after being invoiced by MY SERVER CONNECTIONS.
EU CONSUMER POLICY. If You are a consumer based in the EU, You have the right to cancel this Agreement within fourteen (14) calendar days of the date on which You requested the MY SERVER CONNECTIONS Services, without giving any reason. To exercise Your right to cancel, You must notify MY SERVER CONNECTIONS of Your decision to cancel this Agreement by contacting Customer Support via MY SERVER CONNECTIONS Control Panel or email directed to firstname.lastname@example.org. To meet the fourteen (14) calendar day deadline provided above, it is sufficient for You to send Your notification concerning the exercise of the right to cancel before the cancellation period has expired. If You cancel this Agreement, we will reimburse to You all payments received from You without undue delay and not later than fourteen (14) calendar days from the day on which we are informed about Your decision to cancel the Agreement. We will make the reimbursement using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise; in any event, You will not incur any fees as a result of the reimbursement. If You are a consumer based in the EU and You have agreed to the MY SERVER CONNECTIONS Services commencing immediately, You will be required to pay a pro-rated amount of the Fees applicable to the MY SERVER CONNECTIONS Services You have requested based on the initial Fees You have paid for the MY SERVER CONNECTIONS Services and the date on which You exercise Your statutory right to cancel the Agreement.