Terms, Conditions and Acceptable Use Policy
The following Terms of Service (TOS or Agreement) apply to all services provided by Spanish pages have been updated PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE OR SIGNING UP FOR ANY SERVICE THAT My-Tec, S.A. OFFERS. BY CLICKING ON THE "I AGREE" BUTTON ON THE ORDER FORM FOR ANY SERVICE PROVIDED BY MY-TEC, S.A., YOU ARE AGREEING TO BE BOUND BY THE TOS AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THE TOS. YOUR USE OF THE SERVICES FURTHER CONFIRMS YOUR ACCEPTANCE OF THESE TOS
1. APPLICATION OF TERMS
1.1. These terms apply to all Services provided by My-Tec, S.A. to the client for as long as the Client has an active account. The TOS consists of the following: TOS, Acceptable Use Policy (AUP), and our Privacy Policy. Certain provisions of this TOS may not apply based on your order.
1.2. These terms together with any Order(s) represent the entire agreement relating to the Services and supersede any agreements previously entered into between you and My-Tec, S.A.. Any other contract provisions imposed by you by your own order forms or otherwise are expressly excluded.
1.3. My-Tec, S.A. 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 clients upon posting of the modified Agreement to the My-Tec, S.A. website. It is your responsibility to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement. This Agreement may only be modified or supplemented by My-Tec, S.A., and we reserve our right to amend or supplement this Agreement at any time, at our discretion. If at any time, you do not agree to the terms of this Agreement or any of the policies on our Website, please discontinue use of the Service immediately and send us a written cancellation request as described in paragraph 6 within 10 days of the date of the amendment. We'll miss you, but we'll understand. Your continued use of the Service after Media Temple's posting of any Changes constitutes your acceptance and agreement with the Changes and all Changes shall supersede any previous agreement between you and My-Tec, S.A.
1.4. In addition to this TOS, all domain name registrations are subject to the terms and conditions of any registrar My-Tec, S.A. may use to fulfill the Order and the rules and regulations of the relevant registrar. As a condition of this TOS, you agree to be bound by the rules and regulations and dispute resolution policies applicable to each domain name applied for on your behalf. Details of these terms and conditions are available here:
ICANN Policy:
http://www.icann.org/dndr/udrp/policy.htm
TuCows Domain Registration Agreement:
http://resellers.tucows.com/contracts/tld/exhibita
ENOM Domain Registration agreement:
https://www.enom.com/terms/agreement.asp
2.
GENERAL TERMS AND CONDITIONS
2.1. You will conform to the standards and acceptable usage policies of My-Tec, S.A., as set up in our AUP.
2.2. You are responsible for obtaining any licenses or permissions from public authorities that are required to upload the contents of your site or the web activities undertaken by you.
2.3. My-Tec, S.A. may disclose your name and address to a complaining individual or naming authority if in its reasonable discretion it is necessary or appropriate to do so.
2.4. You will receive a password to be used when you log into your User Area and/or server. You are solely responsible for all passwords, and you shall keep all passwords confidential and take security measures to prevent any unauthorized person from gaining access to your passwords.
2.5. My-Tec, S.A.'s Service Level Agreement (SLA) sets out the hosting performance you can expect from us. The SLA is your sole and exclusive remedy for our failure to provide the Services to you.
2.6. My-Tec, S.A. retains the exclusive ownership of, and proprietary rights of equipment.
2.7. If necessary, we will provide an IP address to you. We retain ownership of this IP address. It may only be used by you while using our services, and may not be transferred. Upon Termination of this TOS, or a particular Service, your right to use an IP address will end. IP addresses are recycled.
2.8.
Configuration and Support
2.8.1. The Services are provided to you as configured for our standard customer. In some cases, they may have the manufacturer's default settings. It is your responsibility to ensure that the Services are configured to meet your operational, privacy and security needs. Your hardware, software and any other items you deem necessary to use the Services must be compatible with our Services. We are not obligated to modify the Services to accommodate your use. You may not terminate an Order based on your inability to use the Services because such a use is incompatible with them. If your use of the Services damages the Services or Equipment, you will be charged for any repairs we need to make to the Services or Equipment. We may suspend your use of the Services until we determine whether your use of the Services has damaged the Services or Equipment.
CPU,
Bandwidth and Disk Usage
Permitted CPU and Disk Usage.
All use of hosting space provided by My-Tec, S.A. is subject to the terms of this Agreement and the Acceptable Use Policy.
All use of hosting space provided by My-Tec,
S.A. is subject to the terms of this Agreement and the Acceptable Use Policy.
.
Dedicated and VPS usage is limited by the resources allocated to the specific plan that you have purchased.
Bandwidth Usage.
Shared servers are not limited in their bandwidth allowance. Unlimited bandwidth usage is not available for resellers, dedicated or VPS servers, which are subject to the terms of the plan you purchased and can be viewed in your control panel.
2.9.
Unused bandwidth may not be carried over from month-to-month.
2.10. We act in good faith to back up data stored on your account once per week. These backups are intended for internal use only and are not related to any Backup Services we may offer. It is your responsibility to back up data of your website and content, email messages, SQL databases and anything else you may store on the Space we provide you. We may determine that certain file extensions are not suitable for backup. Such file types include but are not limited to: iso; ace; arj; avi; bak; bin; bz; bz2; cab; car; cbr; ccd; cdr; cue; drw; exe; flv; gz; gzip; img; iso; jar; jmy; lbs; md; mid; midi; mov; mp2; mp3; mp4; mpa; mpeg; mpg; nrg; pae; pak; psb; psd; r00; r01; r02; r03; ram; rar; rm; rmf; sea; sub; tar; tar.gz; tgz; vob; wad; wav; wave; wma; wmv; zip. It is your obligation to verify whether particular files will be backed up.
Backup Services are provided as is and are subject to all warranty disclaimers and limitations of liability set out herein. By purchasing services from us, including Backup Services, you agree that you will maintain your own set of backups independent of those we maintain. If we provide data to you from a backup, it will be provided as raw data, and you may be required to reformat that data so that it reflects a prior configuration or use. Our only obligation is to restore your Space or Server to its operating condition. It is your obligation to restore your website.
2.11. We provide certain services designed to filter unwanted email. You acknowledge that use of the Services will likely result in the capture of some legitimate email and the failure to capture some unwanted email that may contain spam, phishing scams and email infected with viruses. We recommend that you implement additional levels of protection. Email that is captured by our filtering system is not subject to our SLA.
3. ORDERS
3.1. Each Order for Services you acquire shall be deemed to be a request to buy services from My-Tec, S.A. subject to these TOS. No Order shall be deemed to be accepted by My-Tec, S.A. until we provision your account. The date on which we provide notice that the account is provisioned is the Effective Date. The Initial Term of the Services is set out on your Order (Initial Term). Upon the expiration of the Initial Term, the Term shall renew for additional one year periods, unless you choose to renew for a different period or unless terminated as set out in paragraph 6.
3.2. You must be eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
3.3. All Orders will be reviewed by us to determine if they meet our financial, security and other reasonable criteria (Fraud Screen). You may not receive notice that your Order has been rejected because it fails to pass our Fraud Screen. We are unable to provide additional information about the reasons a particular Order fails to pass the Fraud Screen.
3.4. My-Tec, S.A. is under no obligation to deliver any Services in addition to those identified in the Order.
3.5. You shall provide to My-Tec, S.A., at your cost, any information, resources or facilities reasonably requested by My-Tec, S.A. for the delivery of the Services and, where necessary, ensure that your employees, contractors and other suppliers cooperate fully and promptly with My-Tec, S.A..
3.6. Any instructions supplied by you to My-Tec, S.A. must be complete, accurate and clearly legible. My-Tec, S.A. reserves the right to charge for any costs and any additional work incurred by My-Tec, S.A. due to any failure by you to comply with this provision and shall not be liable for any errors caused by such failure.
4. OWNERSHIP OF YOUR ACCOUNT
4.1. Your contact information is set out in the 'My Details' section in the customer area.
4.2. If you, on behalf of another person or entity, create an account, you warrant that you will administer the account in good faith, and indemnify us against all losses and liabilities sustained by us should you administer the account in ways that are adverse to End User and result in any claim against us.
4.3. For avoidance of doubt, the individual or entity set out in the Account Owner Information 'My Details' section of the User Area is considered by us to be the owner of the account and all associated services except Third party services purchased through My-Tec, S.A. that are subject to additional terms and conditions. The individual or entity paying for the Services is not considered to be the owner. It is your obligation to ensure that you correctly indicate ownership of your account. If there is a dispute about ownership, the account will be locked until the parties to the dispute agree on a resolution, or until the matter is resolved judicially.
5. SERVICE
FEES / PAYMENTS / INVOICES
SERVICE FEES / PAYMENTS / INVOICES My-Tec, S.A. uses an automated payment processing system and only accepts credit card payments and paypal at this time. All Members are required to maintain valid credit card information on file for the processing of any applicable service fees. At its sole discretion, My-Tec, S.A. may use credit card issuer-approved services, such as VISA Account Updater and MasterCard Automatic Billing Updater, to acquire updated payment information for the purpose of processing outstanding payments that are on your account.
My-Tec, S.A. may take any reasonable action to validate your credit card 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.
Invoices for all My-Tec, S.A. services can be found by logging into the client area.
Billing inquiries and disputes should be brought to My-Tec, S.A. 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, My-Tec, S.A. reserves the right to put your domain name into ÒRegistrar HoldÓ status and deny any transfer requests for that domain name until the chargeback or dispute issue has been resolved.
Accounts will 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. In-store credit and coupons issued by My-Tec, S.A. are not transferable and are of no cash value.
My-Tec, S.A. reserves the right to modify service fees and rates, effective upon posting on the My-Tec, S.A. website or on this Agreement. Current service charges include the following (non-exclusive list):
Account Reactivation Fee US$15.00
Chargeback Service Charge US$25.00
Reactivation Fee (TOS Violation) US$25.00
Refund Processing Fee US$15.00 PAYMENT
We often offer special promotions. These promotions have specific terms, and generally do not apply to current customers. They do not apply to Renewal Terms except when expressly stated in the special promotion terms. If you Terminate the Services to which a Special Promotion was applied, the discount, or other benefit provided by the Special Promotion will be removed, and your account will be rebilled as if it had been set up without the Special Promotion. If this results in additional Fees, you will be charged for those Fees.
5.12.
Money Back Guarantee
5.12.1. Our money back guarantee provides you with peace of mind that our Services will meet the expectations set out in this paragraph. We will refund all prepaid Fees if you notify us in writing, as described in paragraph 6, within thirty days of the Effective Date that you wish to terminate the Services. The following conditions apply to the Money Back Guarantee:
(a) It applies only to individual Services in an Order. It does not apply to previously ordered Services;
(b) Set Up and domain name Fees are not refundable, and may be charged if we waive them initially as part of a Special Promotion;
(c) Only our Shared Hosting Services are covered. If you purchase services other than Shared Hosting, or Third Party Services through us, or if they are incorporated into the Services, the Money Back Guarantee does not apply;
(d) The Money Back Guarantee does not apply to Renewal fees;
(e) The Money Back Guarantee is your sole and exclusive remedy should our Services fail to meet the expectations set out in this paragraph.
5.13. Our SLA sets out your rights for disruption of the Service. Should the Service be disrupted, you may request a Credit through your User Area, or by calling our customer service representatives. This Credit is our only obligation, and your only remedy, in the case of a disruption to the Service. If you are past due on any Fees, we are not required to provide the Credit to you. You must request a Credit within 3 days of the event covered by the SLA. You will receive only one Credit per disruption. For example, should the disruption qualify for both an Uptime Credit and an Infrastructure Credit, you will receive only one Credit. Credits may not be aggregated, are limited to one month's Fees, and may not be carried over from month-to-month.
5.14. If you do not re-register your domain name(s), My-Tec, S.A. may choose to register the domain name. At that time the title in, and ownership of, this domain name will vest in My-Tec, S.A.. My-Tec, S.A. may sell this domain name without restriction as if the full legal and beneficial owner. Unpaid domain names may become the property of My-Tec, S.A..
6. TERMINATION / PLAN CHANGE / REFUND
POLICY
My-Tec, S.A. may terminate your Service under the following circumstances (non-exclusive list):
á Non-payment of fees
á You are in breach of any term or condition of this Agreement
á Your use of the Service disrupts My-Tec, S.A. business operations or affects any other party
All Member data is removed from My-Tec, S.A. servers for such terminations.
You may request account termination or hosting plan changes at any time by contacting our Customer Service team either through phone or service ticket. Our contact information can be found on the Support page of our website
When submitting your cancellation request, you must provide the correct Member ID and password for your account for verification. Incomplete cancellation requests will be deemed invalid and will not be processed. You will be responsible for any service fees that arise from your failure to cancel your account.
Refunds will not be given for services that are billed monthly or for one-time service fees, such as web design fees, file recovery fees, domain redemption fees, etc. You are eligible for a refund on hosting services that are not billed monthly under the following circumstances:
If you cancel your account within 7 days of sign-up, you will, upon request, receive a full refund on the hosting fees paid, less any setup fees or one-time service fees.
If you cancel your account within 7 days of a hosting service renewal, you will, upon request, receive a partial refund at our discretion on the hosting fees paid on your most recent renewal. You will be subject to a US$15.00 Refund Processing Fee for this refund.
If you cancel your account within 7 days of a hosting plan change, you will, upon request, receive a partial refund at our discretion on the hosting fees paid on your most recent hosting plan change, less any setup fees or one-time service fees. You will be subject to a US$15.00 Refund Processing Fee for this refund.
If your hosting plan includes a free domain name, you will be required to pay a Domain Reimbursement Fee to reimburse My-Tec, S.A. for the domain name registration when you do any of the following before your hosting plan subscription expires:
á You cancel your hosting plan subscription.
á You change to a hosting plan or term that does not offer a free domain name.
á You transfer the domain name to another domain registrar.
The amount of this fee will vary depending on the domain type and on the registration term.
Only one refund may be issued for each invoice. My-Tec, S.A. 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.
7. TECHNICAL SUPPORT
Our technical support is provided via the help desk set out on our website. Your initial request for technical support must originate here. Technical support is provided on an as is as available basis. If your request for technical support exceeds that of similarly situated customers, or is based on your lack of sophistication, we may charge you our standard hourly rate of $50 per hour for support. We will inform you, and receive your consent, prior to charging you for technical support. If you request technical support, you agree that we may have full access to your equipment, account, and any and all items accessible to us based on your request. While we will use reasonable efforts to provide technical support to you, all support is provided as is, and is subject to the disclaimers of warranties and limitation of liability set out herein. We retain the right to refuse to provide technical support to you if your use of technical support exceeds that of similarly situated customers, or if you are verbally abusive to our employees or contractors.
The Customer is solely liable for performing and storing a back-up copy of his data, files and hosting account prior to requesting technical support and agreeing to any technical interference or operation, provided by the Company. In the event the Customer is not satisfied with the outcome of any technical action he/she shall be solely responsible for restoring the back-up copies of his/her hosting account and uploading his/her website.
8. INTELLECTUAL PROPERTY RIGHTS AND OTHER
CONSENTS
8.1. My-Tec, S.A. retains ownership of all intellectual property rights in the Services. My-Tec, S.A. grants to you a limited license to the Services to access and use them. All trademarks, product names and company names or logos used by My-Tec, S.A. are My-Tec, S.A. property or the property of their respective owners. No permission is given by My-Tec, S.A. to you or an affiliate to use any such trademarks, product names, company names, logos or titles, and you acknowledge that such use is an infringement of the owner's rights.
8.2. If we have not provided a license for you to use software as part of the Services, you agree to procure appropriate licenses to use all "Required Licenses." "Required Licenses" means any licenses, consents or approvals required to use software, hardware and other items installed on the Equipment, or whose use is facilitated by the Service. You agree to provide us with copies of the Required Licenses promptly following our written request.
8.3. You are solely responsible for obtaining all intellectual property rights in the intellectual property of others, including but not limited to clearances and/or other consents and authorizations necessary to use the names, marks or other materials which are used by you in, or transmitted via the Services (Objects). On becoming aware of any dispute between you and any other individual or organization regarding the Objects, My-Tec, S.A. reserves the right, at its sole discretion and without notice or liability to you, to cease any further use of such Objects including, without limitation, deleting or suspending them from its computer systems and/or to make appropriate representations or provide information to any relevant authority or interested party.
8.4. Unless otherwise set out in this TOS, you own all right, title and interest to the information you place on our servers pursuant to the Services. If you submit feedback to us in the form of trouble tickets or in another similar fashion, we shall have the right to use that information to improve our business processes. You have no right to any intellectual property that is based on an improvement to our business based on this feedback information.
9. REPRESENTATIONS AND WARRANTIES
9.1. You represent and warrant that (i) you have the experience and knowledge necessary to use the Service; (ii) you and your End Users understand and appreciate the risks inherent to you, your business and your person that come from accessing the Internet; (iii) you have sufficient knowledge about administering, designing and operating the functions facilitated by the Service necessary to take advantage of the Service; (iv) you will not violate any applicable laws and/or regulations in your use of the Services; (v) you own all intellectual property rights in, or have a license to use, any information you provide to us necessary for us to perform the Services, or to any information transmitted by us through the Services; (vi) you will make back-up copies of all information in a location independent of ours, and will not use our Back Up Services as your sole back up; and (vi) you will pass through the terms of this TOS, and any agreements incorporated by reference, to your End Users.
9.2. WE MAKE NO WARRANTIES, AND ANY IMPLIED WARRANTIES ARE EXPRESSLY DISCLAIMED. THE SERVICE(S) ARE PROVIDED AS-IS. YOUR USE OF THE SERVICE(S) IS AT YOUR OWN RISK. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE(S) WILL MEET ANY OR ALL OF YOUR EXPECTATIONS; WILL OPERATE IN ALL OF THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY YOU; OR THAT THE OPERATION OF THE SERVICE(S) WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. NO EMPLOYEE OR AGENT IS AUTHORIZED TO MAKE ANY WARRANTY ON OUR BEHALF.
10. LIMITATION OF LIABILITY
10.1. YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD US OR OUR LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL WE BE LIABLE TO YOU IN THE AGGREGATE WITH RESPECT TO ANY AND ALL BREACHES, DEFAULTS, OR CLAIMS OF LIABILITY UNDER THIS TOS OR UNDER ANY OTHER DOCUMENT FOR AN AMOUNT GREATER THAN THE FEES ACTUALLY PAID BY YOU TO US DURING THE 3 MONTH PERIOD PRECEDING A CLAIM GIVING RISE TO SUCH LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. YOU AGREE THAT IN THOSE JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
11. INDEMNITY
You agree to indemnify and hold My-Tec, S.A., its affiliates, sponsors, partners, directors, officers and employees harmless from and against, and to reimburse Doteasy 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) arising out of or relating to your breach of this Agreement or use by you or any third party of the Services.
12. CERTAIN INFORMATION
12.1. Both you and My-Tec, S.A. undertake not to disclose to a third party any confidential information which you or My-Tec, S.A. receive relating to the contents or performance of this TOS, unless necessary for a party to perform their obligations under this TOS, the Services or the other's business in general, and shall procure that each of its directors and employees shall not do so, except with the prior consent in writing of the other, as required by law, or to the extent to which that information is publicly available or already known to the receiving party at the date of receipt, other than through any unauthorized disclosure by any person.
12.2. Without prejudice to Paragraph 12.1., My-Tec, S.A. shall be entitled to mention your name as a client of My-Tec, S.A. and the name(s) of products which My-Tec, S.A. provides to you without your prior consent.
12.3. If a law or regulation compels disclosure of information we have about you, we are required to respond. Unless notifying you is prohibited by the law, or a reasonable interpretation of that law, we will use reasonable efforts to contact the account owner as set out in our records. We are not required to respond to demands by you that we provide information about your account as part of your litigation. If we agree to do so, we will charge you an administrative fee of $285 per hour, charged in one-hour increments, for each hour we spend responding to your request. You will also be charged the fees we are charged by our attorneys in responding to your request.
13. NOTICES
13.1. Any notice to be given by either party to the other may be sent by either email, HelpDesk ticket, fax or recorded delivery to the address of the other party as appearing in this TOS or such other address as such party may from time to time have communicated to the other in writing. In addition, we may communicate with you using the HelpDesk ticketing system facilitated by our user area. Notices of HelpDesk support tickets opened on behalf of the company are sent to the customer by email and shall be deemed received upon confirmation of receipt.
13.2. You are required to provide notices to us about the Services through the User Area. We will provide notices to you using the information you provide to us in the "My Details" section of the User Area. We have no responsibility for misdirected notices based on your failure to provide correct information.
13.3. Termination notices must be provided to us as set out in paragraph 6.
13.4. Legal Notices to us, which are effective only upon acknowledged receipt, shall be provided to us as follows:
14. RESOLUTION OF DISPUTES AND CHOICE OF LAW
14.1. Any dispute, controversy or claim arising under this TOS shall be resolved in accordance with the procedures set forth in this Section.
14.2. In the event of a dispute between the Parties relating to this TOS, each of the parties shall appoint a designated representative who has authority to settle the dispute and who is at the "C" level or above. This appointment will take place no later than five business days after the initial request for dispute resolution. The designated representatives shall meet as often as they reasonably deem necessary in order to discuss the dispute and negotiate in good faith in an effort to resolve the dispute. The specific format for such discussions will be left to the discretion of the designated representatives; however, all reasonable requests for relevant information made by one party to the other shall be honored. If the parties are unable to resolve issues related to a dispute within thirty days after a party's request is made, the dispute shall be submitted for arbitration. The arbitration shall take place in Houston, Texas, pursuant to the commercial arbitration rules of the American Arbitration Association. The dispute shall be heard by a single arbitrator who has experience in the field of web hosting. The arbitrator shall not be entitled to award punitive damages or attorney's fees.
14.3. If the procedures set out in the previous paragraph fail, the parties agree that all disputes shall be brought before the U.S. District Court for the District of Columbia (District Court). If the District Court may not consider the dispute, all disputes shall be brought before the Superior Court of the District of Columbia located in Washington, D.C. The parties agree that these courts shall have exclusive jurisdiction over all disputes and other matters relating to the interpretation and enforcement of this TOS or any other document entered into by the parties. Further, the parties agree that venue shall be proper in the appropriate court set out above, and agree that they shall not contest notice from that court. State law issues concerning construction, interpretation and performance of this TOS shall be governed by the substantive law of the District of Columbia, excluding its choice of law rules. The United Nations Convention on Contracts for International Sale of Goods shall not apply.
15. MISCELLANEOUS
15.1. If any provision of this TOS or part thereof shall be void for whatever reason, the offending words shall be deemed deleted, and the remaining provisions shall continue in full force and effect.
15.2. Your rights and obligations under this TOS are personal to you, and you shall not: assign, lease, charge, sub-license, or otherwise transfer such rights and obligations in whole or in part.
15.3. My-Tec, S.A. reserves the right to sub-contract any of the work required to fulfill the Services and to assign this TOS.
15.4. Except for the obligation to pay the Fees, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party's reasonable control, including without limitation acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, failures of telecommunication carriers, delays of common carriers, or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day to day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible, but in no event later than 10 days from the beginning of the event.
15.5. Any delay or forbearance by either party in enforcing any provisions of this TOS or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.
15.6. Paragraph headings have been included in this TOS for convenience only and shall not be considered part of, or be used in interpreting, this TOS.
15.7. This TOS does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.
15.8 SURVIVAL. Paragraphs 2.5, 2.10, 5.12, 9.2, 10, 11, 12.1, 13, 14, 15, 16.1, 16.8, Section F: 1.9, 1.11 and 2; shall survive the termination of this TOS.
Force Majeure
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
Other Agreements
Customer agrees to abide by the terms set forth in this document as well as other policy documents including, but not limited to:
Acceptable Use Policy
Anti-Spam Policy
Unlimited Policy
Customer also agrees to abide by all applicable Terms set forth by all My-Tec, S.A. partners and subsidiaries.
Contract
These Terms and Conditions constitutes the entire Contract and understanding of the parties. Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.