| 1. Description of
Services |
Subject to
MyNetStorage.com's acceptance of Your registration and Your compliance
with the terms and conditions of this Agreement, MyNetStorage.com will
provide You with the following service (the "Basic Service") : (a)
MyNetStorage.com
will establish an online storage and online backup account in
Your name on the MyNetStorage.com
servers (the "Account"); (b)
MyNetStorage.com
will allow you to store data on your account up to the the purchased
amount of space. (c)
MyNetStorage.com
will allow You to retrieve data files from Your Account; and (d) If
sub-accounts are created by the main account holder, the main account
holder is responsible for all the actions arising from the sub-account
holders, and will make sure that all the terms and conditions
described here are adhered to by the sub-account holders. (e) In Your
use of the Service, you are responsible for providing the following: (i)
all equipment, such as a computer and modem, necessary to access the
World Wide Web; (ii) Your own access to the World Wide Web; and (iii)
payment of all telephone or other fees associated with such access.
Please note MyNetStorage.com
provides an extensive range of services. It is possible that one or
more of these services may not be available at certain times. Please
call (800) 818-0822 and press option 3 to get the most current network
status. |
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2. Conditions of Use |
You are solely
responsible for the content of all data You store or retrieve from, or
attempt to store or retrieve from, Your Account and the Public Folders
and for all transmissions by You from and to Your Account. Your use of
the Service is subject to all applicable local, state, national and
international laws and regulations. You will: (a) not use the Service
for any illegal purposes; (b) not use the Service to store, retrieve,
transmit or view any file, data, image or program that contains: (i)
any illegal pictures, materials or information; (ii) any harassing,
libelous, abusive, threatening, harmful, vulgar, child pornography, obscene
or otherwise objectionable material of any kind or nature; (iii) any
material that encourages conduct that could constitute a criminal
offense, give rise to civil liability or otherwise violate any
applicable local, state, national or international law or regulation;
(iv) any code or material that violates the intellectual property
rights of others; (v) any viruses, worms, "Trojan horses" or any other
similar contaminating or destructive features; (c) comply with United
States and other applicable law regarding the exportation and
re-exportation of any data or other materials from the United States
or other jurisdictions through the Service; (d) not use the Service
for any spamming, chain letters or other use that may otherwise
disrupt the Service or the networks through which You access and use
the Service; (e) comply with all regulations, policies and procedures
of networks through which You access and use the Service; and (f) not
access or attempt to access any Service account for which You have no
access authorization or duplicate, modify, distribute or display any
of the data or files from any such account. (g) not use sharing
features in a way that amounts to 'publishing' and restrict the use of
sharing features to share data between friends, colleagues and
business partners, in a very limited sense. (h)
MyNetStorage.com
service should not be used to sell digital content to others. It is
not a media for dissemination of digital content for commercial
purposes. MyNetStorage.com
may use automated procedures to detect unacceptable level of usage and
may immediately disable offending accounts, and the process of
detection may vary from time to time, based on misuse detected.
MyNetStorage.com
is NOT a service for storing and disseminating large amounts of data
to large number of recipients. It is an Online Storage and Backup
service. MyNetStorage.com
is not responsible for any business interruptions that may be caused
due to this process. Any link(s)
provided through a web site or a mass email to download/upload files
stored at MyNetStorage.com Accounts is completely unacceptable and
would be considered as violation of terms as per the (g) clause
mentioned above. |
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3. Registration
Information/Credit Card Charges |
You will promptly
notify MyNetStorage.com
of any change in the information You provide on Your registration form
during Your registration for the Service (including, without
limitation, any change in Your mailing address, telephone numbers or
email address). The registration information provided by You on Your
registration form during Your registration for the Service, together
with any and all updates provided by You from time to time under this
paragraph, is referred to in this Agreement as the "Registration
Information." MyNetStorage.com's
policy regarding the privacy and use of the Registration Information
is set forth in MyNetStorage.com's
privacy policy, as the same may be modified and amended by
MyNetStorage.com
from time to time (the "Privacy Policy"). When You accept this
Agreement, You acknowledge that You agree to the terms of the Privacy
Policy.
You authorize a recurring
monthly or annual charge to your credit card or paypal account in
exchange for use of the MyNetStorage.com service as indicated by
published standard plans or a customized quote provided for your
specific use. You also agree that the enrollment for the next service
period is automatic. Only 2GB month to month accounts are eligible for the 30
day money back guarantee, any accounts over 5GB are not
eligible for the 30 day money back guarantee. Yearly accounts are not eligible for refunds.
MyNetStorage.com will not
issue any pro-rated refunds for the remaining period during the month
when an account with a monthly subscription plan ("current plan") is
downgraded to a smaller plan ("new plan") (a plan that costs less per
month than the current plan) during the middle of a month. However the
rate applicable to the new plan will automatically be charged at the
time of downgrade.
MyNetStorage.com will not
allow for use of storage space beyond the specified plan limit chosen
by the user. |
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| 3. Use of IP Addresses |
An IP address is a
number that's automatically assigned to your computer whenever you're
surfing the Web. MyNetStorage.com
may collect IP addresses for the purposes of system administration, to
audit the use of our site and service. We can and will use IP addresses to
identify a user when we feel it is necessary to enforce compliance
with our house rules or terms of service or to protect our service,
site, customers, or others. Some services and Emails sent from
MyNetStorage.com,
such as registration related, may display IP addresses along with the
message. |
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4.
Account and Password |
You are solely
responsible for any consequences arising out of Your failure to
maintain the confidentiality of Your Password. You will notify
MyNetStorage.com
of any unauthorized use or other breach in security of Your Account
immediately after You learn of the same. |
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5.
Security of Stored Data and Files |
MyNetStorage.com
will endeavor to restrict access to the data and files You store or
retrieve from Your Account to persons accessing such data and files
through use of Your Account or Password. However, it may be necessary
to access users accounts for support requirements. It may also be
necessary to access users accounts to verify that the accounts are not
being misused, especially with respect to digital copyright laws and
resource misuse checks including bandwidth. |
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6.
Content of Stored Data and Files |
You are solely responsible for (a) obtaining sufficient rights to the
content of all data and files stored by You on MyNetStorage.com's
servers and (b) ensuring that such content does not include any of the
items listed in paragraph 2(b) above. MyNetStorage.com normally does
not review, inspect, edit or monitor any content, data or files stored
by You or any other user of the Service, including, without
limitation, for viruses, worms, "Trojan horses" or any other similar
contaminating or destructive features. However, if MyNetStorage.com
has suspicion that an account is being used for storage and
distribution of any illegal material such as copyrighted content,
MyNetStorage.com reserves the right to examine the content of the
online storage and backup account. MyNetStorage.com reserves the right
to refuse, remove or disable access to any data or files stored on
MyNetStorage.com's servers with immediate effect that MyNetStorage.com
learns may be illegal, may violate the terms of paragraph 2 above, may
violate the rights of any third party or otherwise may be reasonably
objectionable. |
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| 6a. Backups of your data
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MyNetStorage.com
maintains weekly backups of data to recover from any software/hardware
failures. |
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7. Disclaimer of
Warranties |
The transmission, storage, viewing and retrieval of data and files
through the World Wide Web is subject to a variety of conditions that
make such transmission, storage, viewing and retrieval potentially
unreliable. ACCORDINGLY, YOUR USE OF YOUR ACCOUNT AND THE SERVICE IS
AT YOUR SOLE RISK. YOUR ACCOUNT AND THE SERVICE IS PROVIDED TO YOU ON
AN "AS IS" AND "AS AVAILABLE" BASIS. MYNETSTORAGE.COM, ON BEHALF OF
ITSELF AND ITS DISTRIBUTORS, ADVERTISERS AND SUPPLIERS, DISCLAIMS ALL
WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR
OTHERWISE, WITH RESPECT TO YOUR ACCOUNT AND THE SERVICE (INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT). PLEASE NOTE THAT YOUR
ACCOUNT AND THE SERVICE MAY NOT MEET YOUR NEEDS. MYNETSTORAGE.COM
MAKES NO REPRESENTATION OR WARRANTY: (A) THAT YOUR ACCOUNT OR THE
SERVICE WILL MEET YOUR NEEDS; (B) THAT ACCESS TO YOUR ACCOUNT OR THE
SERVICE WILL BE TIMELY, ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR
SECURE; (C) THAT THE DATA AND FILES YOU STORE IN YOUR ACCOUNT WILL NOT
BE LOST OR DAMAGED; (D) THAT THE DATA ON YOUR DESKTOP OR SERVER WILL
NOT BE LOST OR DAMAGED; OR (E) THAT DEFECTS IN THE SERVICE WILL BE
CORRECTED. YOU ACKNOWLEDGE THAT ANY MATERIAL OR DATA YOU RETRIEVE
THROUGH THE USE OF THE SERVICE IS DONE AT YOUR CHOICE AND RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE RETRIEVAL OF SUCH
MATERIAL OR DATA. |
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8.
Limitations of Liability |
IN NO EVENT SHALL
MYNETSTORAGE.COM OR ITS ADVERTISERS OR SUPPLIERS HAVE ANY OBLIGATION
OR LIABILITY TO YOU FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES
OR DATA OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF
DATA, REVENUE OR PROFITS OR BUSINESS INTERRUPTION) OR OTHER PECUNIARY
LOSS ARISING OUT OF YOUR USE OR INABILITY TO USE YOUR ACCOUNT OR THE
SERVICE OR YOUR LOSS OF DATA OR FILES STORED THEREIN. |
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9. Indemnification |
You will defend,
indemnify and hold MyNetStorage.com,
its parents, subsidiaries, affiliates, agents, officers, directors and
employees, harmless from any claim or demand, including reasonable
attorneys' fees and costs, made by any third party due to or arising
out of (a) Your use of Your Account and the Service, (b) any data
files and content stored by You in Your Account and otherwise on the
MyNetStorage.com
servers and (c) any violation of this Agreement by You. |
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10. Termination |
Either you or
MyNetStorage.com
may terminate this Agreement with or without cause at any time by
giving notice of such termination to the other in the manner described
in paragraph 11 below. Further, if
MyNetStorage.com
believes that You have violated Your obligations under this Agreement,
MyNetStorage.com
may, at its option and in addition to its other remedies, immediately
and without notice, suspend Your Account, remove and destroy data and
files stored by You on
MyNetStorage.com's
servers and/or terminate this Agreement.
MyNetStorage.com
will not be liable to You or any third party for any suspension or
termination of Your Account or the Service. Should You object to any
terms and conditions of this Agreement or any subsequent modifications
thereto or become dissatisfied with the Service in any way, Your only
recourse is to immediately: (a) discontinue use of the Service; (b)
terminate this Agreement; and (c) notify
MyNetStorage.com
of such termination. Upon any termination of this Agreement,
MyNetStorage.com
will remove your stored data files. Paragraphs 7,8, 9, 10, 11, 12, 13
and 14 of this Agreement (and any other provision that can be
reasonably construed to survive termination) will survive termination
of this Agreement. |
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11. Notices |
Any notice under
this Agreement given by
MyNetStorage.com
to You will be deemed to be properly given if sent by email to Your
email address as set forth in the Registration Information, or by a
startup screen that starts before Your next use of the Service or by
written communication mailed by first class U.S. mail to Your address
on record in the Registration Information or by a display about the
changed information in the agreement on the index page if the change
is generic. It is important that you maintain a correct working email
address and update it if necessary to be able to receive
MyNetStorage.com's
communication. Any notice under this Agreement given by You to
MyNetStorage.com
will be deemed to be properly given if received by email sent to
MyNetStorage.com's
Customer Service at support@mynetstorage.com. |
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12. Severability |
This Agreement
will be enforced to the fullest extent permitted by applicable law. If
for any reason any provision of this Agreement is held to be invalid
or unenforceable under applicable law to any extent, then (a) such
provision will be interpreted, construed or reformed to the extent
reasonably required to render the same valid, enforceable and
consistent with the original intent underlying such provision and (b)
such invalidity or unenforceability will not affect any other
provision of this Agreement. |
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13. Modifications to this
Agreement |
The terms and
conditions of this Agreement may be changed by
MyNetStorage.com
from time to time. Upon any such change,
MyNetStorage.com
will notify You of such change in accordance with paragraph 11 above
and post an updated version of this Agreement on the
MyNetStorage.com
website located at http://www.mynetstorage.com/agreement.htm. Your use
of any Services after such notification will constitute Your
acceptance of such changed terms and conditions. |
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14. Miscellaneous |
Your right to use the Service is personal to You, and You will not
assign any of Your rights, obligations or interest in this Agreement
or Your Account. Without limiting the foregoing, this Agreement is
binding upon and inures to the benefit of the parties and their
respective successors and assigns. MyNetStorage.com's failure to
insist upon or enforce strict performance of any provision or right of
this Agreement will not be construed as a waiver of any provision or
right. This Agreement will be governed by the laws of the State of
California, without regard to its conflict of laws rules. The
provisions of the U.N. Convention on Contracts for the International
Sale of Goods and any successor treaties will not apply. You consent
to the venue and exclusive jurisdiction of the state and federal
courts located in Los Angeles County, California, U.S.A., with regard
to any claim arising under or otherwise occurring by reason of this
Agreement or Your use of the Service or Your Account. You will
commence any claim or cause of action arising under or otherwise
occurring by reason of this Agreement within one (1) year after the
claim or cause of action arises or such claim or cause of action is
forever barred. This Agreement constitutes the entire agreement of the
parties with respect to the subject matter hereof and supersedes any
and all prior and contemporaneous understandings and agreements. |
