Services: The following are the Terms And Conditions for use of the service including without limitation DNS, web parking, email and other services which may be offered from time to time by MyNameServe.com Ltd for use with your User ID (each feature individually and collectively referred to as the "Services"). Please read them carefully.
User: the User is defined as an individual who is accessing the Services.
DISCLAIMER OF WARANTEES: LIMITATION OF LIABILITY
MyNameServe.com Ltd shall endeavor to provide the Services in accordance with the standards of the industry.
the User acknowledges that MyNameServe.com Ltd has not made any representations or warrantees with respect to the quality of the service or that the service will be accessible on a continuous basis or that such accessibility will not be limited or interrupted from time to time, and MyNameServe.com Ltd specifically disclaims any such representations, warrantees, or covenants including without limitation the warrantee of merchantability or fitness for a particular purpose. The User acknowledges that MyNameServe.com Ltd shall not be liable or responsible for consequential damages, lost profits, lost email or other damages of any type or nature, even if MyNameServe.com Ltd has been advised of such damages. The User acknowledges that sole remedy for any such failure is cancellation of the Service. Hereof the User acknowledges that MyNameServe.com Ltd does not monitor or review any of the User's material (as hereafter defined); However, the User acknowledges that MyNameServe.com Ltd may, upon receipt of a complaint, with respect to any of the User material or any other reason, prevent the User material from being accessible through the service; provided that MyNameServe.com Ltd shall have no obligation to prevent such access and no liability to the User or any third party for preventing access to or failure to prevent access to such material.
the User Materials: Indemnification: Policies
the User represents and warrants that any material which the User places on the service, permits to be placed on the service with or without the Users authority, or on the Internet and/or the Web through MyNameServe.com Ltd's service, including the User's domain name(s), ("the User Material") will not:
violate the rights of any 3rd party and will not give rise to any claim of such violation,
violate any law, rule or regulation of any type of any nature (civil or criminal), including without limitation, laws with respect to obscenity, indecency, harassment, or export controls, or contain or transmit any software disabling devices or internal controls including, without limitation, time bombs, viruses or the like.
host any pornography material or any material related to pornography.
the User shall indemnify and hold MyNameServe.com Ltd and its employees, agents, shareholders, officers, directors and successors and assigns harmless from and against any and all claims, damages, liabilities, costs and expenses (including attorneys' fees and costs and settlement costs) ("Damages") arising out of any breach by the Users of any of the representations, warrantees or agreements set forth in the Signup Form or these Terms And Conditions.
the User agrees to comply with MyNameServe.com Ltd's policies with respect to the Services, as such policies may be modified from time to time including, but not limited to, MyNameServe.com Ltd's policy against "spamming" .
Termination:
MyNameServe.com Ltd may terminate the User's right to use the service at any time without cause by sending notice to the User. MyNameServe.com Ltd may Terminate the User's right to use the service immediately without prior notice on a breach of these Terms And Conditions by the User.
Changes in Services and Terms And Conditions:
MyNameServe.com Ltd may modify these Terms And Conditions and may discontinue or revise any and all other aspects of the service in MyNameServe.com Ltd's sole discretion with no notice to the User. The User shall be deemed to have accepted any such changes or modifications by continuing to use the Service. A copy of MyNameServe.com Ltd's standard Terms And Conditions including any such changes made to such Terms And Conditions from time-to-time is available at http://www.mynameserve.com/terms.php or a new address of which MyNameServe.com Ltd gives the User notice.
Miscellaneous
These Terms and Conditions shall be governed and construed under the laws under Canada.
the User acknowledges and agrees that the User will permit MyNameServe.com Ltd to use its name and trademarks for promotional and advertising purposes: provided that such use accurately reflects the relationship of the parties. By signing up for services, the User has agreed to these Terms And Conditions. These Terms And Conditions represent the parties entire agreement and understanding, supercede any previous oral or written agreement and may only be modified pursuant to a written agreement or as permitted by paragraph 6 hereof.