Please Read This Agreement and Click The "I Agree" Link At The Bottom

MySever.org's Dynamic DNS App V2.0 and V1.6 do not gather or transmit any of your personal information, computer configurations, or surfing habits. The applications send only your public IP address, Username and Password (via 128 bit SSL in versions 2.0 and higher if selected in advanced options) to our servers. MyServer.org NEVER sells or distributes your personal information to third parties. (Your IP address, however is sent out in response to a DNS query when a user browses to your server.) Your E-Mail address and other personal information which you supply during registration are kept on our secure servers and are only accessible by you and our staff via our secure logon site. Personal information about you would only be given out under a court order.

1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
MyServer.org ("Service"), owned and operated by MyServer.org Inc., is provided to you ("Member") under the terms and conditions of this Terms of Service agreement, any operating rules or policies that may be published by MyServer.org. The TERMS OF SERVICE comprises the entire agreement between Member and MyServer.org and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "Signup" BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE TERMS OF SERVICE.

2. DESCRIPTION OF SERVICE
MyServer.org is providing Member with a capability to have an Internet Domain Name. Member must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the Internet; (2) provide for own access to the Internet and pay any telephone service fees associated with such access. In consideration for this Service, Member agrees to: (1) provide certain current, complete, and accurate information about Member as prompted to do so by the Service and (2) maintain and update this information as required to keep it current, complete and accurate. All information requested on original sign up shall be referred to as registration data ("Registration Data"). Furthermore, Member grants MyServer.org the right to disclose to third parties certain Registration Data about Member and Service membership in the case where MyServer.org is required to disclose such information by any applicable law or legal process served on MyServer.org. If any information provided by Member is inaccurate, MyServer.org retains the right to terminate Member's membership and rights to use the Service.

3. MODIFICATIONS TO TERMS OF SERVICE
MyServer.org may change the terms and conditions of the TERMS OF SERVICE from time to time. Upon any change in the terms and conditions of the TERMS OF SERVICE, MyServer.org will notify Member by sending a message through the MyServer.org mailing list. Using the service after such a message has been posted is indication of Member's acceptance of the updated TERMS OF SERVICE. Member's continued use of the Service constitutes an affirmative: (1) acknowledgment by Member of the TERMS OF SERVICE and its modifications; (2) agreement by Member to abide and be bound by the TERMS OF SERVICE and its modifications.

MyServer.org reserves the right to modify or discontinue the Service with or without notice to Member. MyServer.org shall not be liable to Member or any third party should MyServer.org exercise its right to modify or discontinue the Service. NO REFUNDS for discontinuation because of a TERMS OF SERVICE agreement violation. 

4. GOVERNING JURISDICTION OF THE COURTS OF Arizona
Insofar as this contract defines Arizona jurisdiction, both parties to the contract refer to the courts of Arizona, having the ultimate jurisdiction over the matters in question: this contract is formed under the laws of Arizona and therefore such laws shall be the inevitable jurisdiction of the contract.

This contract shall be governed by the provisions of Arizona law insofar as possible, particularly to the exclusion of other legal systems within the United States and Canada.

5. PRIVACY POLICY
All information contained within our system may be available to the public. It is however, Myserver.org's policy to respect the privacy of its Members. Therefore, in addition to the privacy of registration data as discussed in Section 2 above, MyServer.org will not edit or disclose the contents of a Member's private communications unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on MyServer.org; (2) protect and defend the rights or property of MyServer.org; or (3) act under exigent circumstances to protect the personal safety of its Members or the public. Member acknowledges and agrees that MyServer.org neither endorses the contents of any Member communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising there from or any crime facilitated thereby.

6. LIMITATION OF LIABILITY
MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MyServer.org EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MyServer.org MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MyServer.org MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. MyServer.org MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM MyServer.org OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

MyServer.org SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR DOMAINS MOVED OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF MyServer.org HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

7. HOST CONTENT AND OTHER LIMITATIONS
MyServer.org assumes no responsibility for the content of any material located on the hosts provided from our Service. MyServer.org has no control over the content of bulletin boards or web sites located on domains or hosts provided by our service; however, MyServer.org retains the right, at Myserver.org's sole discretion, to determine whether or not Member's conduct is consistent with the letter and spirit of the TERMS OF SERVICE and may terminate Service if a Member's conduct is found to be inconsistent with the TERMS OF SERVICE.

8. MEMBER CONDUCT
Member is solely responsible for the contents of his or her usage of our Service. Member's use of the Service is subject to all applicable local, state, national and international laws and regulations. Member agrees: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service. The Service makes use of the Internet's DNS protocol to create and delete domains; therefore, Member's conduct is subject to Internet regulations, policies and procedures. Member will not use the Service for illegal software, junk pornography, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process. Member agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Member further agrees not to transmit 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. Attempts to gain unauthorized access to other computer systems are prohibited. Member shall not interfere with another Member's use and enjoyment of the Service or another entity's use and enjoyment of similar services. MyServer.org may, at its sole discretion, immediately terminate Service should Member's conduct fail to conform with these terms and conditions of the TERMS OF SERVICE.

9. INDEMNIFICATION
Member agrees to indemnify and hold MyServer.org, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Member's use of the Service, the violation of this TERMS OF SERVICE by Member, or the infringement by Member, or other user of the Service using Member's computer, of any intellectual property or other right of any person or entity.

10. TERMINATION
Either Member or MyServer.org may terminate the Service with or without cause at any time and effective immediately. MyServer.org shall not be liable to Member or any third party for termination of Service. Should Member object to any terms and conditions of the MyServer.org or any subsequent modifications thereto or become dissatisfied with the Service in any way, Member's only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service membership; and (3) notify MyServer.org of termination. Upon termination of the Service, Member's right to use the Service immediately ceases. Member shall have no right and MyServer.org will have no obligation thereafter to handle domains or hosts for the Member or any third party.

11. NOTICE
All notices to a party shall be in writing or email. MyServer.org may broadcast notices or messages through the Service to inform Member of changes to the TERMS OF SERVICE, the Service, or other matters of importance; such broadcasts shall constitute notice to Member.

12. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Member may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding Member and the Advertiser. MyServer.org assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.

13. PROPRIETARY RIGHTS TO CONTENT
Member acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to Member by the Service ("Content") by MyServer.org or Myserver.org's Advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Member is only permitted to use this Content as expressly authorized by the Service or the Advertiser. Member may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser.

14. LAWS
This contract is governed by and construed in accordance with the conflict of laws provision rules of the jurisdiction of the courts of Arizona. Member and MyServer.org agree to submit to the exclusive jurisdiction of the courts of the jurisdiction of the courts of Arizona.

If any provision(s) of the TERMS OF SERVICE is held by court of Arizona jurisdiction to be contrary to law, then such provision(s) shall be construed, in accordance within the provisions of Arizona courts, to reflect the intentions of the parties (as construed by the jurisdiction of the courts of Arizona) with the other provisions remaining in full force and effect.

Myserver.org's failure to exercise or enforce any right or provision of the TERMS OF SERVICE shall not constitute a waiver of such right or provision unless acknowledged and agreed to by MyServer.org in writing.

Member and MyServer.org agree that any cause of action arising out of or related to this Service must commence within three (3) months after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TERMS OF SERVICE are solely used for the convenience of the parties and have no legal or contractual significance.

I Agree | I Do Not Agree


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