Terms of Service

MYINTERNETSERVICES.COM

Terms of Service

(rev. 3/15/17)

BY RENTING HARDWARE, USING OUR SERVICES OR ACCESSING OR USING ANY OF OUR WEBSITES YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT

This Terms of Service agreement ("Agreement") is a legal agreement between you (referenced as “you, “your,” or “client”) and MyInternetServices.com. LLC (“MIS”, “us”, “our”, “we”). This Agreement establishes your obligations to us for the variety of services, products and facilities that we provide to you, and also applies to your access and use of our websites, including their content, online services, and online transactions. Our websites include myinternetservices.com, and may include other websites that we have linked directly to that site. This Agreement also sets forth MIS’ commitments to you.

In this Agreement, the term "Services" means any and all hardware rentals, services, products and facilities offered or provided by MIS. MIS and you are at times referred to herein collectively as the "Parties" or individually as a "Party"

Each time that you access or use our Services, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement, including our Acceptable Use & Content policy, and our Privacy Policy that in effect at the time, and from time to time. MIS reserves the right to modify the terms and conditions under which it provides Services to you. It is your responsibility to access our Terms of Service regularly to ensure that you remain aware of the terms and conditions that govern your use of the Services and of any changes to this Agreement. If you do not agree with any revision to this Agreement, you must contact us immediately and terminate your account before your next use of our Services. You agree that, by continuing to use the Services following notice of any revision to this Agreement or change in Services, you accept and commit to abide by this Agreement as revised. MIS reserves the right to refuse Services to anyone at any time.

  1. ACCOUNT CREATION, FEES & PAYMENT

Only Persons 18 years of age or older may establish an account. You will be required to establish and use an account to rent hardware or purchase products or Services. You agree to provide personal identifying information as required by the account registration process that is current, complete and accurate, including name and contact information, valid credit card information, and credit card authorizations (collectively "Client Account Information"), and maintain and update this Client Account Information as needed to keep it current, complete and accurate throughout the “Term” (defined below). You agree that we may suspend access to our Services or, in our sole discretion, terminate this Agreement if we conclude that the information that you provided to register for our Services is false or materially misleading. By establishing an account, you represent and warrant to MIS that you have all rights necessary to do so, and to complete any transaction that you enter.

By selecting or using our Services you agree to pay us for Services in accordance with your order and this Agreement. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your electronic devices containing such information. You agree that all activities that occur under your account or password are your legal and financial responsibility. You also agree that when you use our Services or your account, or another person or entity uses our Services or your account (even if you or we were not notified of such use, and without regard to whether such use was authorized or unauthorized by you or us) you remain responsible and obligated to pay and will indemnify and hold harmless MIS for such use, including any purchase, change in, initiation or termination of Services.

As consideration for the Services, you agree to pay us the applicable rental charges and service fees for all Services (collectively “Fees”) that you have selected or use. Fees for hardware rental and for some Services are due in advance. Other Fees are due in arrears. All Fees are fully earned when due and are nonrefundable.

  1. TERM & AUTOMATIC RENEWAL

The “Term” of this Agreement is from your first selection or use of our Services, whichever is earlier (the “Effective Date”), through the last to occur of (i) your use of any Services, (ii) the expiration (see below re automatic renewal) of the period of Services that you have selected (e.g. monthly or longer fixed term Services), (iii) the termination of this Agreement by either party according to its terms. Sections 1 and 4 through 29 shall survive the termination of this Agreement.

For hardware rentals, the “Initial Term” of the rental begins and MIS will bill you starting on the first date that access to the ordered hardware is made available to you. For Services, the Initial Term begins and MIS will bill you beginning on the first date that our Services are made available to you. The “Initial Term” continues until midnight local time on the last date of the specified minimum non-cancelable term for each rented device or Service.

For ease of use and to provide uninterrupted service, unless either Party provides written notice stating their intent not to continue the hardware rental or other Services covered by this Agreement prior to the end of the applicable Initial Term, this Agreement shall automatically extend on a month to month basis (each an “Extension Term”). Termination of our Services will result in the deactivation of hardware and stoppage of Services; followed by removal and, shortly thereafter, deletion of your data from rented hardware.

  1. TERMINATION OF AUTOMATIC RENEWAL

After the completion of the Initial Term or any Extension Term, either Party may elect to terminate ordered Services, including hardware rentals, by giving written notice of cancelation via our billing system prior to the start of the next Extension Term.

Note: Hardware located outside North America may be subject to a longer advance notice period for termination of Services. Absent termination of this Agreement you understand and agree that Fees will continue to be incurred by you and you hereby agree to pay all such Fees when due.

Note: If you do not receive an email acknowledging your submission of a termination directive promptly after its submission you have not terminated your Services and you will need to contact us at [email protected] to complete the termination process.

  1. BILLING

The date on which we first charge you for hardware or Services is your Billing Anniversary Date. If you have contracted for hardware or a Service that is billed monthly, your credit card will be charged every month and your Billing Anniversary Date will occur every month. If you have selected Services that are billed for a longer period (e.g. quarterly, annually etc.), your credit card will be charged periodically on that longer periodic schedule. Changes to our Fees will be effective immediately, except that changes in Fees for items that you have prepaid will be effective on the next Billing Anniversary Date. Fees incurred for specially requested Services (e.g. remote hands) or events that generate a charge (e.g. bandwidth overuse) will generally be charged in the period following the event resulting in the charge. Our Fees are nonrefundable and terminations do not result in a refund. You remain obligated to pay us for all outstanding Fees.

  1. BILLING & CHARGEBACKS

Our Fees are due and payable immediately on the Billing Anniversary Date. MIS reserves the right to terminate your access to Services immediately and without notice to you in the event of any non-payment of our Fees. There is no “grace period”.

All reversals of credit card charges and other canceled or refused payments of our Fees (collectively “Nonpay”) may result in the immediate termination of Services and the closure of your account. We may also report any Nonpay to the credit monitoring services. In the event that your Services are terminated due to nonpayment or a Nonpay, you must pay us all monies due to bring your account current, plus if you desire renewed access to our Services, you will be charged a $40.00 reactivation fee to restart your account, as well as the costs of any bank and other charges that we incur or that we have incurred as a result of a Nonpay.

You agree to contact us via our billing system and update such information as and when such changes occur in order that we have current and complete information for your account at all times. It is your responsibility to access the Fee Schedule regularly to ensure that you remain aware of the Fees that govern your use of the Services and of any changes to the Fees.

  1. BILLING FOR ADDITIONAL BANDWIDTH

You agree to pay MIS for bandwidth usage in excess of your monthly allocation. If you exceed the amount of bandwidth allocated to your order in any month you will be notified by us and your uplink speed may be restricted pending your purchase of additional bandwidth capacity. Additional bandwidth capacity is available in 1TB increments at the rate of $25 for each 1TB or portion thereof used in excess of your monthly allocation. Additional bandwidth charges will be billed to your credit card monthly, typically in the month following your overage. Excess bandwidth usage determinations are made in the sole determination of MIS.

  1. CLIENT ACKNOWLEDGMENTS

You acknowledge and agree that:

  • Absent an explicit written grant of access by us to you, no access is offered or given you by MIS to our network infrastructure (switches, routers, monitoring equipment, pdu’s etc.)

  • All rented devices will have a pre-installed administrator account that allows access by MIS which Client shall not remove, tamper with or change. If MIS agrees in writing to waive this limitation and remove MIS’ administrator account from any device(s), a one-time service charge will be charged to Client for the change and, notwithstanding anything to the contrary in this Agreement, the SLA shall not apply and shall be deemed stricken from this Agreement at the moment the administrator account is removed.

  • Client is responsible for the security of its rented devices and is strongly advised to abide by industry “best practices” with regard to cybersecurity protocols.

  • MIS has not been advised by Client that it will be using Client software or systems of any particular kind, nor has MIS been engaged to provide software consulting or support. Consequently MIS disclaims all responsibility or obligation to use, fix or access any and all Client software or systems whatsoever.

  1. UNLAWFUL USE

Your use of MIS Services is subject to all applicable local, state, national and international laws and regulations. You agree that MIS servers will be used for lawful purposes only. You agree to abide by MIS’ Acceptable Use & Content policies. You further agree to indemnify and hold MIS and its owners and personnel harmless from and against all claims, demands, causes of action, losses, damages and injuries of all types that result from your unlawful, alleged unlawful, or prohibited use of MIS’ Services, assets, systems or servers, as well as for any violation of MIS’ Acceptable Use & Content policies.

  1. PRIVACY POLICY & ANNOUNCEMENTS

MIS takes your privacy seriously. Our Privacy Policy describes the manner in which we collect, use, maintain and at times disclose information, including personally identifiable information collected from users of our websites and online services to third parties. Your acceptance of this Agreement also constitutes acceptance of MIS’ Privacy Policy.

You agree that from time to time we may distribute information to you that we think may be of interest to our clients or that we believe is pertinent to the quality or operation of our Services or our service partners offerings or services. These announcements may include notices describing changes, upgrades, new products and services offered by MIS and/or third parties.

  1. BACKUPS — YOU ARE SOLELY RESPONSIBLE FOR CREATING BACKUPS OF ALL FILES AND DATA THAT YOU CONSIDER VALUABLE OR IMPORTANT!

While MIS will strive to keep its Services running reliably, MIS is not under any circumstance responsible for any loss of files or data (whether permanent or temporary). It is your responsibility to ensure for yourself that you have backed up all files and data - and that your backup files and backup protocols work. You are also responsible for having adequate business insurance to cover you in the event of any loss, and we strongly recommend you contact an insurance agent or broker to obtain or review the adequacy of such insurance for your needs. MIS is not responsible for and will not reimburse, indemnify or pay you for any loss or damage that you might experience due to the absence or failure of any backups or backup systems, hacker attacks, denial of service attacks or other similar activities. If you or your business rely on your data or website for commercial purposes, it is your responsibility to ensure that you have proper protective measures and backup systems in place. It is your sole responsibility to backup and maintain a local, usable copy of all your data that you consider important.

  1. LIMITATION OF LIABILITY

You agree that our entire liability to you, and your exclusive remedy — OTHER THAN ANY SLA REMEDIES FOR WHICH YOU MAY BE ELIGIBLE — with respect to any Services provided or to be provided under this Agreement, as well as for any breach of this Agreement is limited to the amount you paid us for such Services WITHIN THE PRIOR 12 MONTHS.

YOU AGREE THAT MIS, ITS OWNERS AND PERSONNEL, shall not be liable for any indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. If the applicable jurisdiction of any dispute does not allow such a limitation of liability, then you agree that our liability is limited to $1,000 or to THE NEXT SMALLEST DOLLAR AMOUNT permitted by law in such jurisdiction.

You agree that our commitment to you with respect to the delivery of Services is that we will use our best efforts to supply you with Services of a good quality, but you acknowledge and agree that we do not promise or commit to deliver Services that are flawless. Consequently, we disclaim and you AGREE that any liability ON THE PART OF MIS for damage or losses resulting from: (i) access delays or access interruptions; (ii) data loss, non-delivery or data misdelivery; (iii) acts of God or nature; (iv) use or misuse of your Account or your account Identifier or Password; (v) errors and omissions that are not exclusively caused by intentional misconduct or gross negligence on the part of MIS; (vi) damage to or interruption of your website; and (vii) injury to your computer hardware, computer software.

Further, you agree that MIS shall not under any circumstance be liable for any loss or damage as a result of or resulting from interruption of your business, business relations or to the business of any person or entity with which you do business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been alerted to or advised of the possibility of such damages. In no event other than intentional misconduct by us shall our maximum liability to you exceed the amount you paid us for such Services WITHIN THE LAST 12 MONTHS.

  1. INDEMNITY

You agree to indemnify, and hold MIS, our contractors, agents, employees, officers, directors, attorneys and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, for your use or misuse of our Services and assets, and for any breach by you of any provision of this Agreement, including MIS’ Privacy Policy, ANd Acceptable use & content policy.

  1. DISCLAIMER OF WARRANTIES

You agree that our Services and access to our Services is provided on an "as is, with all faults" and "as available" basis. You also agree that our Services and access to our Services are subject to, among other defects and deficiencies, disruption, interruption, degradation, time lags and imperfect data transmissions. You acknowledge and agree that our Services are provided to you with the explicit understanding of the likelihood of these defects and deficiencies affecting your Services. Therefore, we expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. We make no warranty and specifically disclaim that the Services will meet your general or specific requirements, or that the Services will be uninterrupted, timely, secure, or error free. We make no warranty and specifically disclaim any general or specific results that may be obtained from the use of the Services or the accuracy or reliability of any information obtained through such Services, and that defects or deficiencies in the Services will be corrected timely or at all. YOU ARE STRONGLY ADVISED TO ENSURE THAT ALL SERVICES THAT ARE IMPORTANT TO YOU OR YOUR BUSINESS ARE CREATED WITH REDUNDANT HARDWARE, REDUNDANT NETWORK PATHS AND REDUNDANT FAILOVER SYSTEMS.

You understand and agree that any material transmitted and/or data downloaded or otherwise obtained through the use of our Services is done at your sole discretion and risk and that you are exclusively responsible for any damage, loss or injury to your computer hardware, software or any other aspect or component of your computer system, website or data storage or retrieval methods and devices, loss of data that results from the download of such material and/or data. Any suggestion, advice or information, whether oral or written, obtained by you from us is general information only and is not accompanied by any warranty of any type whatsoever. If the applicable jurisdiction does not allow such a broad disclaimer of warranties, then you agree that our disclaimer of warranties is enforceable against you to the maximum extent permitted by the law of the applicable jurisdiction.

  1. SEVERABILITY

You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed, consistent with applicable law, to preserve as much of the terms and provision and its meaning as to reflect the expressed intentions of the Parties, and all remaining terms and provisions will remain in full force and effect.

  1. NO JOINT VENTURE

Nothing contained in this Agreement or in our provision of Services to you shall be construed or argued as creating any agency, partnership, joint venture or other form of joint enterprise between the Parties.

  1. NON-WAIVER

Our failure(s) to require performance by you of any provision of this Agreement or MIS policies shall not diminish or affect our right to require performance by you in accordance with this Agreement at any time thereafter. Neither shall our express or implicit waiver of a violation or breach of any term or provision of this Agreement be construed or argued to be a waiver of our right to enforce any term or provision of this Agreement or of MIS’ policies .

  1. NOTICES

Notices shall be effective only if given in writing. Notices may be given by personal service (effective upon service), first-class mail postage prepaid to the billing address associated in our records with your account (effective on the third business day after mailing), overnight mail by a nationally recognized overnight delivery service (effective the first business day after deposit with the service), or by email (effective the first business day after the email is sent). E-mail notices will be sent to you at the email address you provided in your registration application or as updated from time to time in our billing system. Email notices sent to us must be received by us at [email protected] and that receipt confirmed by us to be effective as notice to us.

Note: If you do not receive an email acknowledging your submission of an email notice to us within 1 day after its submission then your email has not been received and you will need to contact us again at [email protected] with a copy to [email protected] to complete the notice process.





  1. INTEGRATED AGREEMENT

You agree that this Agreement, together with the Acceptable Use & Content Policy and Privacy Policy published by us are the complete and exclusive agreement between you and us regarding our Services, products and facilities that we provide to you, as well as your access and use of our websites. This Agreement supersedes all prior agreements and understandings between you and us.

  1. CALIFORNIA LAW AND VENUE

This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, without application of conflicts of laws principles. You agree that any action between us must be brought in state or federal court in Los Angeles, California and you agree to submit to the jurisdiction of such courts in the event of any such legal action.

  1. HEADINGS

Section headings are for ease of reference only and are not to be used to explain or construe any term or provision of this Agreement.

  1. COMPLAINTS REGARDING COPYRIGHT & OTHER INTELLECTUAL PROPERTY

If you believe that anything on MIS’ websites or on any website hosted by MIS infringes on any trademarks or copyrights that you own or control, you may file a notice of infringement with our designated agent as set forth below. A proper notice should contain the same elements as required for copyright complaints (see 17 U.S.C. §512(c)(3)).

It is our policy in appropriate circumstances to terminate the conditional license to access and use our websites and Services in circumstances where visitors, account holders or other users of our websites or our client’s websites are deemed by MIS in its sole discretion to be repeat infringers. Likewise, MIS may also terminate the online services and accounts of any client, visitor or user who, in MIS’ sole discretion, infringes any intellectual property rights of MIS or others, whether or not there is any repeat infringement.

If you believe that any material on our websites or on any websites hosted by MIS infringe on any copyright or other intellectual property that you own or control, we ask that you file a notification of such infringement with our agent designated below.

MyInternetServices.com, LLC

Attn: General Counsel

1010 E. Union St. #125

Pasadena, CA 91106

And via email to: [email protected]

Please refer to 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Notice of any claim of copyright infringement may be given to visitors or users of the websites by a general notice placed on the websites, or via electronic mail or first-class mail to their address(es) in our records. Please understand that if you make any material misrepresentation in your notification to us that any site content or activity is infringing, you may be liable for all resulting damages, including costs and attorneys' fees, incurred by MIS (and/or the alleged infringer) as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

  1. TRADEMARKS


MIS trademarks, logos, product names, company names and slogans displayed on our websites are trademarks or registered trademarks of MIS and may not be copied, imitated or used, in whole or part, without the prior written permission of MIS. All other trademarks, product names, company names, slogans and logos appearing on our websites are the sole property of their respective owners and may not be copied, imitated or used, in whole or in part, without the prior written permission of the owner.


  1. LEGAL PROCESS & SUBPOENAS


MIS cooperates with governmental requests, subpoenas and court orders. MIS may access and disclose any information it considers necessary or appropriate, including user profile information, IP addresses, data and traffic information, usage history and other content. MIS’ right to disclose any such information in response to a valid subpoena or other legal process shall govern over any conflicting terms in our Privacy Policy.


  1. EXTERNAL SITES


Our websites may contain links to third party websites that are owned and operated by vendors and other third parties (“External Sites”). You acknowledge that MIS is not responsible for the content or use of any External Site. You should contact the site administrator for those External Sites if you have any questions or concerns regarding them.


  1. COMPLIANCE WITH EXPORT CONTROL LAWS


Our Services and websites are operated, in whole or in part, from the United States. Visitor and user access to this Website is governed by applicable federal, state and local laws. All information available on the website is subject to U.S. export control laws and, if you reside outside of the United States, may also be subject to the laws of the country where you reside. MIS does not make any representations regarding the legality of access to or use of our websites or our clients’ hosted websites from other countries. Access from countries where the information, services or the products sold through such websites is illegal is prohibited. Visitors and users who access such websites from outside of the United States do so at their own risk and are responsible for compliance with applicable US export and local country laws. All our products, Services and publications are commercial in nature, and by using our websites, regardless of where you live in the world, you consent to have your personal data transferred to, and processed and collected in, the United States in compliance with our Privacy Policy.


  1. HOW TO CONTACT MIS


If you have any questions about this Agreement, our Acceptable Use & Content Policy or our Privacy Policy, please contact us at [email protected].







Acceptable Use & Content Policy

(rev. 3/1/17)

  1. INTERNET ABUSE PROHIBITED

    1. MIS does not permit internet abuse of any kind, including but not limited to, spamming, mass emailing programs, cross-posting unsolicited messages to online groups, posting obscene or inflammatory messages, threatening Internet users, mail bombing, and running packet sniffers or port scanners. These activities are STRICTLY PROHIBITED.

      1. Use of a persistently faulty or non-existent e-mail return address on a commercial solicitation, allowing spamming by third parties to promote a website, trolling (posting outrageous messages to generate numerous responses), mail bombing (sending multiple messages without significant new content to the same user), subscribing anyone to a mailing list without that person's explicit permission, and cross posting articles to any newsgroup without their permission.

      2. If we determine in our sole discretion that you have spammed or allowed a device under your control to have spammed, then we may immediately and without further notice or warning, stop your Services and terminate your account with no refund. In addition, you authorize MIS to charge your credit card we may impose a $100 penalty for each spam policy violation. We reserve the right to refuse or cancel service to identified or suspected spammers in our sole discretion.


    1. In addition, no illegal use of any kind is permitted on sites or servers including, but not limited to, unauthorized storage or distribution of copyrighted software, trademark infringement, warez sites, violations of any State or Federal laws, and selling or distributing contraband. These activities are also STRICTLY PROHIBITED.

      1. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This prohibition includes, but is not limited to unlawful use or distribution of copyrighted material, trademarks, trade secrets and other intellectual property rights used without permission or proper authorization, material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.

      2. Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of prohibited activity include any unlawful act, including but not limited to: unauthorized access or use, probing or scanning of systems security or authentication measures, data, or traffic; intentional interference with service to any user, host, or network including, without limitation, spamming, “flooding”; deliberate attempts to overload a system; broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or newsgroup posting.

    2. All attempts to undermine or cause harm to MIS, its systems, Services, servers, assets or other means of data transmission, tracking or authentication protocols are prohibited. You are solely responsible for the content of your transmissions through MIS. You agree:

      1. not to engage in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities,

      2. not to engage in activity that violates privacy, publicity, or the rights of others,

      3. not to export technical data from the United States through MIS in violation of export control laws,

      4. not to use MIS Services or website for illegal purposes,

      5. not to interfere or disrupt networks connected to MIS,

      6. not to transmit through MIS any unlawful, harassing, libelous, abusive, threatening, harmful, or otherwise legally objectionable material of any kind or nature.

    3. You further agree not to transmit any material that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. You agree not to intentionally interfere with another client's use and enjoyment of MIS’s Services. You agree that MIS may, at its sole discretion, immediately and without further advance notice terminate your Service if, in our sole discretion, your conduct fails to conform to this or any other provision in this Agreement regarding client conduct. You agree to indemnify and hold MIS and its owners and personnel harmless from and against all claims, demands, causes of action, losses, damages and injuries of all types that violate or allege conduct that, if proven, would violate this Section.

  1. COPYRIGHT ABUSE

    1. If you believe that anything on MIS’ Services or on any website hosted by MIS infringes on any trademarks or copyrights that you own or control, you may file a notice of infringement with our designated agent as set forth below. A proper notice should contain the same elements as required for copyright complaints (see 17 U.S.C. §512(c)(3)).

    2. It is our policy in appropriate circumstances to terminate the conditional license to access and use our websites and Services in circumstances where visitors, account holders or other users of our websites or our client’s websites are deemed by MIS in its sole discretion to be repeat infringers. Likewise, MIS may also terminate the online services and accounts of any client, visitor or user who, in MIS’ sole discretion, infringes any intellectual property rights of MIS or others, whether or not there is any repeat infringement.

    3. If you believe that any material on our websites or on any websites hosted by MIS infringe on any copyright or other intellectual property that you own or control, we ask that you file a notification of such infringement with our agent designated below.

MyInternetServices.com, LLC

Attn: General Counsel

1010 E. Union St. #125

Pasadena, CA 91106And via email to: [email protected]

  1. Please refer to 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Notice of any claim of copyright infringement may be given to visitors or users of the websites by a general notice placed on the websites, or via electronic mail or first-class mail to their address(es) in our records. Please understand that if you make any material misrepresentation in your notification to us that any site content or activity is infringing, you may be liable for all resulting damages, including costs and attorneys' fees, incurred by MIS (and/or the alleged infringer) as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

  1. OUR WEBSITES

    1. You are conditionally granted a limited, nonexclusive, non-sublicensable terminable license to (a) access and use our websites and electronically copy (except where prohibited without a license) and print hard copy portions of the site content to obtain information for your personal use, and (b) create a hyperlink (utilizing only the plain characters for MIS’ domain addresses) so long as the link does not portray MIS, its site content, products or services in a false, misleading, confusing, derogatory, or otherwise offensive manner.

    2. The preceding license is subject to the terms of this Agreement and excludes: (a) any resale of the websites or site content, (b) the further distribution, public performance or public display of the websites or any site content; (c) modifying or otherwise making any derivative uses of the websites or site content, (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than page caching) any portion of the websites, the site content or any information contained therein, except as expressly permitted on the websites, (f) use of metatags or any other hidden text using MIS’ name, trade names or trademarks without our express written consent, (g) any commercial use of the websites or site content which MIS has not expressly invited, and (h) any other use of the websites or site content other than for its intended purpose. All violations of these terms or unauthorized use of the websites or site content without the specific prior written permission of MIS is prohibited — and immediately and automatically terminates the conditional license granted herein. Further, such unauthorized uses may also violate applicable law, including but not limited to copyright, trademark and intellectual property laws, and communications laws, regulations, statutes and treaties.

    3. You also agree that MIS retains all rights, title and interest in its websites and site content. For avoidance of doubt, MIS does not transfer any ownership or intellectual property interest in the websites or site content to you and may terminate its grant of license at any time and for any reason without notice. You may not alter or use the websites to collect or store personal data or attempt to collect or store personal data about other visitors or users of the sites. You may not alter or use the websites to advertise or promote any goods, services or opportunities.

    4. By accessing or using our Services or websites, you agree not to publish, post, transmit, upload, distribute, store, create or send any submissions that contain or consist of the following:

content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;

content that constitutes, encourages or instructs a criminal offense, violates the rights of anyone, or that otherwise creates liability or violates any local, state, national or international law;

content that displays, describes or encourages the use of any product or service in a manner that could be dangerous, inappropriate or harmful, or that is contrary to any instructions or warnings relating to any product or service;

content that violates the publicity, privacy or data protection rights of anyone, including pictures or information about another person, group or entity (individually and collectively “Person) in the absence of having received that Person’s express consent;

content that is false or misleading, or that makes inaccurate or untruthful claims or depictions about a person, product or service, including content that impersonates any Person or misrepresents your affiliation with a Person;

content that does not clearly disclose any material relations you may have with MIS or any third party brands or sellers, such as compensation, gifts, or employment;

content that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary right of MIS or anyone;

viruses, malware, corrupt data or other harmful, disruptive or destructive files or code, including DOS, DDOS and other acts that negatively affect our or others’ ability to use the website(s) or online services; and

content that, in our sole discretion, restricts or inhibits any Person from using or enjoying the websites or which may expose MIS or other Persons to harm, discomfort, risk or liability of any type.

Any use of MIS’ websites in violation of these prohibitions or any other prohibitions in these Terms may result in, among other things, termination or suspension of your rights to use our websites and Services and/or the initiation of legal action against you.

MIS Service Level Agreement (SLA)

(rev. 3/1/17)

1. Power. A/C power to the outbound port on your serving power distribution unit (PDU) will be available 99.99% of the time per year, excluding “Maintenance”. For purposes of this SLA, "Maintenance" means Scheduled Maintenance or Emergency Maintenance. "Scheduled Maintenance" means any maintenance in a data center of which client is notified at least 2 days in advance. “Emergency Maintenance" means any maintenance in a data center that in MIS’ or the data center’s discretion is necessary to escape or attempt to avoid an immediate threat.

2. Network. The data center network infrastructure will be available 99.99% of the time in a given year, excluding Maintenance. “Network infrastructure” means the portion of the network extending from the outbound port on your edge device to the outbound port on the border router and includes MIS’ managed switches, routers, and cabling. Network availability is defined as the inability to transmit and receive data caused by the failure or misconfiguration of network equipment managed by MIS.

3. Hardware Repair or Replacement. In North America and the European Union, MIS will repair or replace failed Hardware components provided by MIS or provide a new solution that is comparable to the old service and satisfies the existing performance requirements at no additional cost within eight (8) hours of problem identification by MIS on regular business days & during regular business hours (8:00 am to 4:00 pm). “Hardware” means the Processor(s), RAM, hard disk(s), motherboard, NIC card and other listed components in client’s rented server. In no event shall MIS be responsible for resolution of issues which are the result of client data, configuration changes made by client to software or any client online service.

4. Remedies. If MIS fails to meet the uptime or resolution time commitments stated in Section 1, 2 or 3 above and client requests MIS in writing for a credit under this SLA within 72 hours of the event resulting in the uptime or replacement commitment failure, then client is entitled to a credit determined as follows:

a. a 5% credit shall be due Client against the month’s Service fee directly attributable to the affected hardware;

b. a 10% for the second such failure within the same calendar month; and

c. a 20% for the third such failure within the same calendar month.

Note: Client’s election not to obtain, configure and/or utilize a redundant Service when that option is available (e.g. power, RAID, uplink, redundant device) will not result in an uptime or replacement commitment failure if the cause of the uptime or replacement commitment failure could have been avoided or prevented had client obtained, configured and/or utilized a redundant Service.

Credits are not cumulative and are accounted for separately in each region. By way of example only, if a qualifying uptime or replacement commitment failure event occurs in Virginia there is a 5% credit due client against the month’s Service fees directly attributable to the affected hardware; and should another qualifying event occur that same month in Los Angeles, there is a 5% credit due against the month’s Service Fees directly attributable to the affected hardware. In the unlikely event that there is another qualifying event in Los Angeles there is a 10% credit due against the month’s Service Fees directly attributable to the affected hardware in that second Los Angeles event.

5. General Exclusions. It is not a violation of any guaranty and client is not entitled to any credit under this SLA if downtime is caused by: (i) client’s materials, Client software, or actions of client or others authorized by Client to use the Services that are contrary to the terms of this Agreement or MIS’s written instructions, (ii) if Client fails to provide software specifications with a reasonable time following MIS’ request, and the specific resulting failure could reasonably have been avoided by providing the software specifications to MIS or if the specifications are provided and are properly implemented by MIS, (iii) denial of service attack, hacker activity, or other malicious event or code, (iv) force majeure; or (v) general internet outages or outages caused by events, actions, omissions or equipment not under the control of MIS.