Terms of Service
The following is the Terms of Service document for Mycomp Web. Use of our services constitutes acceptance and agreement to these Terms of Service. We reserve the right to change this contract at any time without notice. All clients of Mycomp Web Media are bound by this legal agreement.
Authorization
The CLIENT is engaging Mycomp Web Media as an independent contractor. The work by Mycomp Web Media shall be deemed a "commissioned work" and a "work made for hire". Once approved and paid in full, the CLIENT shall be the sole owner of the work.
Warranties
Mycomp Web Media represents and warrants to the CLIENT that it has the experience and ability to perform the services required; that it will perform said services in a professional, competent and timely manner; and that its performance shall not infringe upon or violate the rights of any third party or violate any federal, state and municipal laws.
The CLIENT represents and warrants to Mycomp Web Media that it will provide necessary materials as required in a professional, competent, and timely manner; that it has the power to enter into this Agreement; and that its performance shall not infringe upon or violate the rights of any third party or violate any federal, state and municipal laws.
Use and Law Enforcement
It is the responsibility of the CLIENT to conform to all federal, state, and local laws regarding the Internet and electronic communication. You must respect the trademarks and copyrights of companies and materials found on the Internet. You may not participate in any illegal activities while using your account. You must obey the laws of the United States and other countries that you communicate with over the net. CLIENT agrees that the Mycomp Web MediaN may disclose any and all subscriber information including assigned IP numbers, account history, account usage, or prior communications (electronic or otherwise) to any law enforcement agent who makes a written request without further consent or notification to CLIENT. Mycomp Web Media shall have the right to terminate all service set forth in this Agreement.
Copyrights and Trademarks
The CLIENT represents to Mycomp Web Media and unconditionally guarantees that any elements of text, music, graphics, photos, video, designs, trademarks, or other artwork furnished to Mycomp Web Mediafor inclusion in web pages are owned by the CLIENT, or that the CLIENT has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend Mycomp Web Media and its subcontractors from any claim or suit arising from the use of such elements.
Backup Policy & Data
Mycomp Web Media performs routine backups of server system files and archives them in safe locations. It is not the responsibility of Mycomp Web Media to backup all domain files uploaded by the CLIENT. It is recommended that the CLIENT keep a backup on their local machine. CLIENT agrees that Mycomp Web Media has the right to delete all data, files, or other information that is stored on Mycomp Web Media computers upon termination of services, or cancellation of account due to non-payment.
Unsolicited Commercial E-mail and SPAM
Mycomp Web Media has a zero-tolerance policy on unsolicited advertising (spam) via E-mail or newsgroups. Related activities are prohibited and shall result in immediate account termination. "Spamming", such as (but not limited to) mass-e-mail, newsgroup cross-posting or other abuse to others on the net is prohibited and will be grounds for account termination. Any actions construed to be a negligent or malicious attack are strictly prohibited.
Billing Policy
Invoices are sent out 30 days before they are due. It is the responsibility of CLIENT to keep the billing address current. Delinquent bills will be assessed a 24% rate of interest charge if payment is not received by the due date. If an amount remains delinquent 30 days after its due date, an additional 5% penalty will be added for each month of delinquency. Mycomp Web Media reserves the right to remove web pages from viewing on the Internet until final payment is made. In case collection proves necessary, the CLIENT agrees to pay all fees incurred by that process. There will be a Rs200/- service charge for all returned checks.
Collection Fees
Accounts that are not collectable by Mycomp Web Media may be turned over to an outside collection agency for collection. If you desire to cancel your account, please send a written request to contact@mycompwebmedia.com
Failure to Pay
The Mycomp Web Media may temporarily deny service or terminate this Agreement upon the failure of CLIENT to pay charges when due. Such termination or denial will not relieve CLIENT of responsibility for the payment of all accrued charges and any collection fees.
Refund and Disputes
All payments to Mycomp Web Media are nonrefundable with the sole exception being the hosting fees for the first 30 days of service. Nonrefundable items also include the one time setup fee (if imposed), domain name and SSL registration fees, etc. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred.
Network Security
CLIENT is expected to keep all passwords secure. Passwords allow access to your private messages, control panel, databases, shop configuration, website data and more. If Mycomp Web Media believes a CLIENT'S account has been compromised, we reserve the right to change the CLIENT'S password without prior notice.
New Accounts w/ Domain
All new webhosting accounts involving new domains will be set up and entered into our DNS servers within 24 hours. Due to unforeseen complications (requiring a new block of IPs; requiring new equipment, etc), however, this process may sometimes require up to 2 business days. The client will not incur any fees for domain registration and/or transfer for as long as their account is active with Mycomp Web Media
Adult Content
Websites that distribute Adult Content are not permitted on Mycomp Web Media servers. If you have specific questions regarding what's acceptable under this Agreement, please contact us
Limited Warranty
CLIENT uses Mycomp Web Media services at CLIENT'S own risk. Mycomp web Media makes no warranty, expressed or implied. Mycomp Web Media shall not be liable for any loss or other damage, including but not limited to special, incidental, consequential, or punitive damages, resulting from any failure to provide service or from any termination of service. This service is provided as is. We are not responsible for hardware or software damage, loss of wages, or any other financial or personal loss resulting from the use of, or inability to use, this service. Any liabilities are strictly limited to the amount of the fee paid for services rendered. Mycomp Web Media shall not be liable for claims of damages made by any third party for any cause whatsoever.
Indemnification
CLIENT will indemnify and hold Mycomp web Media harmless (including managers, employees, agents, and members) of any and all claims, costs, expenses or liability resulting from any damage to CLIENT'S business, service, equipment, network, operations, or reputation resulting from Mycomp Web Media actions. Indemnification includes, but is not limited to, any government actions, acts of vandalism or other retaliation, and any claims of libel, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other tort.
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