| 1. General These Terms and Conditions (“Agreement”) governs the use of the services (“Service”) that are made available at MyKeyWeb.com (“MyKeyWeb, LLC”, “we” or “us”). These Terms and Conditions represent the whole agreement and understanding between MyKeyWeb.com and the individual or entity who uses our service (“Client” or “you”). PLEASE READ THIS AGREEMENT CAREFULLY. By submitting your application or by your use of our Service, you agree to comply with all of the terms and conditions set out in this Agreement. MyKeyWeb.com may terminate your account at any time, with or without notice, for conduct that is in breach of this Agreement, for conduct that MyKeyWeb.com believes is harmful to its business, or for conduct where the use of the Service is harmful to any other party. MyKeyWeb.com may, in its sole discretion, change or modify this Agreement at any time, with or without notice. Such changes or modifications shall be made effective for all Members upon posting of the modified Agreement to this web address (URL): http://www.MyKeyWeb.com/terms-and-conditions/. You are responsible to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement. Contact MyKeyWeb, LLC: myke@mykeyweb.com 541.730.3382 2. Services MyKeyWeb.com offers Domain Name registration, Website Hosting, and Email Hosting services for the duration of the service term purchased from MyKeyWeb.com. Services are provided on the basis of facility and equipment availability. MyKeyWeb.com reserves the right not to provide one or more Services where necessary facilities or equipment are not available, or for any other reason.Access to the web and email servers is terminated upon expiration of the Service. Details regarding your account can be requested from myke@mykeyweb.com 3. Web Hosting All MyKeyWeb.com web hosting accounts will display a “Coming Soon” web page by default when activated. This page informs visitors that the Member has recently setup their account with MyKeyWeb.com. The “Coming Soon” default index web page may be removed by the Client at any time, if the client has signed up for the Do-It-Yourself website package. The “Coming Soon” web page may include, but without limitation to, the following:Links to additional products and services offered by MyKeyWeb.com. Advertisements for products and services offered by third-parties. An internet search engine interface.All web page error requests (such as 403 errors or 404 errors) will direct traffic to a default MyKeyWeb.com error page. This error page informs visitors that the web page they are looking for cannot be found, and may include, but without limitation to, the following: Links to additional products and services offered by MyKeyWeb.com. Advertisements for products and services offered by third-parties. An internet search engine interface. All service and promotion offers are considered to be delivered in full upon the completion of the service stated on the invoice. MyKeyWeb.com is not obligated to provide reimbursement for any proration or service term adjustment on services or promotional offers. Promotional offers, including special introductory rates, promotional rates, or any discount pricing, are only available to new customers and are only valid for the initial term. All hosting services will renew at the regular renewal rate.In the absence of a cancellation request from you, your hosting service will be renewed for a successive term, at the regular renewal rate. This renewal will take place upon expiration. 4. Website Design MyKeyWeb.com provides clients with a non-exclusive, non-transferable, limited license to use the Website developed and owned by MyKeyWeb.com, and any reproduction, modification, creation of derivative works from or redistribution of the Website design is expressly prohibited. The Website, its structure, sequence, organization and source code are considered trade secrets of MyKeyWeb.com and are protected by trade secret laws. MyKeyWeb.com does not claim ownership and is not responsible for any of the information, code, data, text, software, music, sounds, photographs, pictures, graphics, videos, messages, files or other materials (“User Content”) submitted using the Website Content Form. Client is entirely responsible for all User Content uploaded, posted, emailed or otherwise transmitted for the Website. You further acknowledge and agree that all User Content is non-transferable and non-transportable. MyKeyWeb.com will not assist any client with any reproduction, recovery, or distribution of any User Content. Upon service cancellation or termination for any reason, access to the Website, including all User Content, third party content, and user information uploaded, posted, emailed, or otherwise transmitted via the Website Builder, will be removed by MyKeyWeb.com. MyKeyWeb.com makes no representations or warranties, either expressed or implied, with respect to the images offered through a third party.In the event of a dispute regarding any Image obtained, you hereby release MyKeyWeb.com from claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any connection with such disputes. MyKeyWeb.com is not a party to, and shall not be involved in or responsible for, transactions, agreements, and/or disputes between you and any third party.You may only use the Images found on your website, while the website maintains an active service subscription with MyKeyWeb.com. 5. EmailMyKeyWeb.com’s email service provides customers with the capability to send and receive email via the Internet. MyKeyWeb.com retains the right, at our sole discretion, to restrict the volume of messages transmitted or received by you in order to maintain the quality of our email services to other clients and to protect our computer systems.As an owner and operator of the equipment and other resources utilized to provide services, MyKeyWeb.com has the legal right to block electronic communications from other entities on the Internet.Outgoing email messages being sent from MyKeyWeb.com servers may carry an email footer “Trailer Message” which may identify MyKeyWeb.com as your service provider, as well as promote services offered by MyKeyWeb.com. 6. Definition of Unlimited UsageWhat “Unlimited” means: MyKeyWeb.com does not set an arbitrary limit on the amount of resources an account can use.What “Unlimited” DOES NOT mean: The accounts are not intended to support the greater web hosting needs of large enterprises or to be used as an online storage warehouse to store backups, archiving of electronic files or emails, documents, log files, etc. or to be used as a media file streaming/sharing hub.Reselling any of the Service’s resources is strictly prohibited. Any accounts found to be reselling resources will immediately be suspended, with or without notice. Reselling of account resources is only permitted if you are using a Reseller Hosting Plan, a Virtual Private Server (VPS) or a Dedicated Server.MyKeyWeb.com’s “Unlimited” services are provisioned in a shared hosting environment. Any account found to be adversely affecting the performance of other Client’s accounts by excessively using network bandwidth, server storage, memory or CPU resources, will be flagged by MyKeyWeb.com administrators and anti-abuse controls. These accounts will then be asked to consider Virtual Private Server (VPS) or Dedicated Server services. Serious offenses will result in the account service suspension or termination, with or without notice. 7. Domain Name RegistrationMyKeyWeb.com offers domain name registration and renewal services in partnership with ICANN accredited registrars Lonex, Tucows, and Network Solutions. MyKeyWeb.com processes registration and renewal services through these respective registrars at its discretion.You acknowledge and agree that you may not transfer the domain name registration to another domain name registrar during the first 60 days of the initial registration, or within 60 days of any successful transfer or renewal of the registration. MyKeyWeb.com is authorized to deny any such transfer requests.You acknowledge and agree that MyKeyWeb.com may, but is not obligated to, place your domain name in a Domain Lock status to prevent unauthorized transfers of your domain name.Domain names which have opted in to the Automatic Domain Renewal service, and any optional features associated with them, will be automatically renewed for the minimum term available for that domain type at the regular renewal rate up to 6 days prior to expiration. You will be solely responsible for all renewal costs and for any other costs in doing so. Clients may choose to opt in or out of the Automatic Domain Renewal service via email.Promotional offers, including special introductory rates, promotional rates, or any non-regular pricing, are only available to new customers and are only valid for the initial term. All domain names registrations will renew at the regular renewal rate.Members who have purchased their domain name registration on the shared Lonex servers are subject to a Domain Transfer Fee when they transfer their registration to another domain name registrar during the purchased registration term.Members who wish to transfer their domain name registration to another domain name registrar while the registration is expired are also subject to a Domain Transfer Fee.The Domain Transfer Fee is based on the domain type and is subject to any applicable taxes.General Domain Transfer Fee (.com, .net, .org, .biz, .info, . us, .eu, .me)US$20.00In additional to this Agreement, new domain registration accounts are also subject to the Domain Registration Agreements of the respective governing registries. Domain Registration Agreements can be found on the website of our domain registration service provider Lonex at: http://www.duoservers.com/?r=myke 8. Service Fees / Payments / InvoicesAll MyKeyWeb.com fees and charges are billed in US Dollars.MyKeyWeb.com uses an automated payment processing system and only accepts credit card, PayPal, or check payments at this time. All clients are required to provide MyKeyWeb.com with valid payment information for the processing of any applicable automated service fees.MyKeyWeb.com may take any reasonable action to validate your payment and registration information, and collect all payments due. You agree to pay all attorney and collection fees arising from any efforts to collect any past due amounts from you, to the extent allowed by law.Service fees are due at the time of order or on the day of renewal. All fees must be paid in full.Invoices for all MyKeyWeb.com services can be requested by email or US Mail.Billing inquiries and disputes should be brought to MyKeyWeb’s attention within 30 days of the invoice date. Failure to do so will be deemed to be an admission that the invoice and charges are accurate.If any chargeback or charge dispute notices are received for your account, services provided to you may be immediately suspended pending investigation, and you will be subject to chargeback service charges. Where applicable, MyKeyWeb.com reserves the right to put your domain name into “Registrar Hold” status and deny any transfer requests for that domain name until the chargeback or dispute issue has been resolved.Accounts may be suspended if its service renewal fees are not paid within 72 hours of the due date. Accounts suspended in this manner can be re-activated upon payment of the Account Reactivation Fee (see below).Any applications or requests for services will be declined if payment cannot be successfully processed within 72 hours of the order.MyKeyWeb.com reserves the right to modify service fees and rates, effective upon posting on the MyKeyWeb.com website or on this Agreement. Current service charges include the following (non-exclusive list):Account Reactivation FeeUS$15.00Chargeback Service ChargeUS$25.00Reactivation Fee (TOS Violation)US$25.00Refund Processing FeeUS$15.00 9. Termination / Cancellation / Refund Policy MyKeyWeb.com may terminate your Service under the following circumstances (non-exclusive list):Non-payment of fees You are in breach of any term or condition of this AgreementYour use of the Service disrupts MyKeyWeb.com business operations or affects any other partyAll client data is removed from MyKeyWeb.com servers for such terminations. You may request to cancel your MyKeyWeb.com hosting account at any time. You are eligible for a refund under the following circumstances only: If you cancel your account within 30 days of sign-up, you will, upon request, receive a full refund of all hosting fees paid. You will be subject to a US$15.00 Refund Processing Fee. If your hosting plan includes a free domain name, you may be required to pay an additional US$15.00 Domain Reimbursement Fee to reimburse MyKeyWeb.com for the domain name registration upon cancellation.Only one refund may be issued for each invoice. MyKeyWeb.com reserves the right to grant or deny any refund requests.Domain name registrations, regardless if it is an initial registration or a renewal of an existing registration, cannot be cancelled and will remain in effect until the end of the registration term. 10. Member Responsibility When you apply to use MyKeyWeb.com services, you acknowledge and agree that it is your responsibility to safeguard your client ID and Password selected from any unauthorized use. IN NO EVENT WILL MYKEYWEB.COM BE LIABLE FOR THE UNAUTHORIZED USE OR MISUSE OF YOUR CLIENT ID OR PASSWORD. Clients are responsible for maintaining accurate account information at all times, including credit card and contact information. This information can be updated by email or US Mail. 11. Prohibited Conduct MyKeyWeb.com does not allow the use of unsolicited commercial email (“Spam”) to promote products or services. Any Member engaging in the sending of Spam through the MyKeyWeb.com network or promoting information on websites hosted by MyKeyWeb.com will be considered in breach of this Agreement and will be suspended from the Service immediately.Your use of the Service must be in compliance with the laws of the United States, and the laws of your country at all times. You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, or consuming excessive amounts of memory, CPU or bandwidth capacity. The following is a non-exclusive list of content, and behavior prohibited by the Service: Content that contains or contains links to: nudity, pornography, adult content, materials with sex or foul language. Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not. Content that has been promoted through the sending of Spam or mail fraud schemes, or pages that promote or condone the sending of Spam. The sending of bulk email originating from our servers mass distributed to unknown recipients soliciting products or services, or of bulk email NOT originating from our servers mass distributed to unknown recipients soliciting products or services relating to a MyKeyWeb.com account will result in immediate account suspension. Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectionable material. Content or otherwise that exploits children under 18 years of age. Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received. Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party. Content that promotes mail fraud, pyramid/ponzi schemes or other illegal or fraudulent activities. Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any MyKeyWeb.com service, individual Websites (parts or pages contained therein), any solution or technology. 12. Notices You agree that, unless other instructions are posted on MyKeyWeb’s website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by registered mail or by courier to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for MyKeyWeb.com posted on the MyKeyWeb.com website. All notices shall be effective upon receipt, except that email notices shall be effective upon transmission. 13. Privacy The MyKeyWeb.com Privacy Policy sets out our obligations with respect to the safeguarding, collection and use of Members’ personal information. The MyKeyWeb.com Privacy Policy is subject to modification from time to time, and such changes are effective upon posting of the modified policy to this URL: http://www.MyKeyWeb.com/privacy-policy/ 14. Reservation of Rights MyKeyWeb.com reserves the right and sole discretion to:Censor any website hosted on its servers that is deemed inappropriate.Review any account for excessive space or bandwidth utilization and to suspend service to those accounts that have exceeded allowed levels.Terminate any account for non-payment of fees, for providing fraudulent account information or fraudulent payment information.Terminate any account if the contents of its website results in, or are the subject of, legal action or threatened legal action against MyKeyWeb.com or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.Terminate any account for unsolicited, commercial e-mailing (i.e., Spam), illegal access to other computers or networks (i.e., hacking), distribution of Internet viruses or similar destructive activities, activities whether lawful or unlawful that MyKeyWeb.com determines to be harmful to its other customers, operations or reputation, or for any breach of this agreement.Suspend the Service at any time for any duration of time when necessary, without penalty or liability to ourselves.You agree that it may be necessary for us to temporarily suspend the Service for technical reasons or to maintain network equipment or facilities. 15. Limitation of Liability The Service is provided on an “as is” and “as available” basis and the use of the Service is at your own risk. MyKeyWeb.com makes no representations or warranties, either expressed or implied, with respect to the Service, or any service or information provided through the Service. MyKeyWeb.com is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by MyKeyWeb.com. In no event will MyKeyWeb.com be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you. MyKeyWeb.com, its owner, and agents shall in no way be liable to you or anyone else for any loss or injury resulting from the use of the Service or of your website.In no event shall MyKeyWeb.com be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on your website, or for providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct. 16. Indemnification You agree to indemnify and hold MyKeyWeb.com harmless from and against, and to reimburse MyKeyWeb.com with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation, and interest) of every nature whatsoever incurred by MyKeyWeb.com by reason of or arising out of or in connection with:Any breach of this Agreement by you.Any infringement of any copyright, trademark, patent, trade secret or any other intellectual propriety right of any party by content on your website.Illegal, pornographic, or discriminatory content on your website. 17. Force Majeure MyKeyWeb.com will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay service provisioning. 18. Unenforceable Provisions If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way. 19. Governing Law The rights and obligations of the parties pursuant to this Agreement are governed by, and shall be construed in accordance with, the laws of the United States.You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of Linn County, Oregon, for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets. 20. Age of Majority MyKeyWeb.com does not accept agreements and payments from persons under the legal age of 18 years. By submitting your account application, you confirm that you are over 18 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf. 21. Waiver No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby. 22. Entire Agreement This Agreement, as may be updated from time to time and posted at http://www.MyKeyWeb.com/terms-and-conditions/, represents the complete agreement and understanding between us with respect to the Service and supersedes any other written or oral agreement. |
MyKeyWeb, LLC
Web Design with you in mind.
