Payments
All charges are shown in US Dollars. Payments can be made in USD or CAD. MGH accepts the following types of payment:
Credit Card (VISA, MasterCard, American Express, Discover) via the 2Checkout.com payment processorPayPalAll payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. If you provide MGH your credit card information, you authorize MGH to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with MGH's Billing Policy in the TOS. Charges subsequent to your initial order will accumulate in your account until such charges exceed $9.95. MGH will then automatically charge your credit card on the next Account Statement Date. You are responsible for directly updating, or notifying MGH, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status).
Customers not paying by credit card agree to make payment of their balance due within ten (10) days of the Account Statement Date.
Accounts that are thirty (30) days past due will be automatically suspended and website content will not be made available until account returns to current status. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees.
Billing Cycles (Terms)
MGH offers two Billing Cycles (terms) for hosting charges: Monthly, and Yearly (12 months). The Billing Cycle begins on the Plan Activation Date. Resellers are limited to the Annual Billing Cycle for all of their accounts except for their main reseller account. Non-credit card payment methods are limited to Annual or Semi-Annual Billing Cycles.
You may elect to change your Billing Cycle at any time; however, the new Billing Cycle will only take effect at the time of the next plan renewal.
All additional features added to an account are charged monthly, Resellers are charged annually. Additional items are non-refundable.
Account Renewals
In order to insure uninterrupted service to your website and/or email, all plans will automatically renew at the end of the plan's Billing Cycle. We will inform you of this renewal before your plan is to be renewed via the e-mail account on file. It is up to the customer to make sure MGH has updated customer information, and that the customer informs MGH that they wish to renew in a timely manner before the accounts renewal date. If the customer does not inform MGH of them wishing to renew before the account renewal date, MGH can suspend and/or cancel the web hosting account and/or let the domain name registration expire; If this occurs, MGH is not responsible for any issues, loss of business and/or fees arising from this. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below. For more information on Domain Name Renewals, please see below.
Account Renewals - Important Notice
Domain name registrations and Web hosting accounts are handled by separate entities. In the event you need to cancel, you must specify whether you would like to cancel your domain name only, your Web hosting plan only, or both your domain and hosting accounts. The cancellation or expiration of your domain name does not automatically terminate your hosting account (or vice versa).
Billing Information
You agree to provide to MGH any changes to the billing information promptly. Billing information includes but is not limited to credit card information, addresses, phone numbers, e-mail addresses, etc.
Cut Off Period for Billing Errors
You have 30 days to alert MGH of any billing error claims. You agree that you have no rights to claim any billing errors for a period earlier than 30 days from the date of the claim. All bills are final after 30 days.
Statements
MGH will both e-mail and/or send regular mail paper (recycled paper) invoices or statements. Customers may elect to receive their monthly account billing statement via e-mail and not sent regular mail by e-mailing billing@mygreenhosting.com.
Fees
Returned (NSF) ChecksMGH charges a $25.00 fee for returned (NSF) checks. Customers that issue an NSF check will be required to submit future payments with a certified check or money order.
Credit Card ChargebacksA $25.00 chargeback fee will be assessed for each credit card chargeback received by MGH.
ReactivationCustomers that wish to reactivate a closed account will be assessed a $19.95 reactivation fee. An additional $19.95 fee will be assessed if MGH restores your data files to your reactivated account.
Hosting Plan ChangesCustomers electing to change to a lower priced hosting plan on the same platform will not be charged a downgrade fee. There is no upgrade fee for upgrading to a higher priced plan, however, you will be charged any difference between the current plan and former plans.
Platform ChangeCustomers that elect to change plans to a different operating system platform will be charged a $19.95 platform change fee.
Cancellations Hosting plans will automatically renew until a plan is cancelled. In order to cancel service, you must contact MGH's Billing Department via e-mail at billing@mygreenhosting.com. MGH's Billing Department will assist you with the cancellation process. When you cancel you will get a pro-rated refund using the same method in which you paid. There are no REFUNDS of a partially used month. To see more information on our Cancellation policy, click here. Non-US customers may contact MGH's Billing Team via e-mail at billing@mygreenhosting.com.
Cancellation requests must be received by MGH a minimum of thirty (30) days prior to the end of your Billing Cycle for dedicated server and co-location plans and a minimum of ten (10) days prior to the end of your Billing Cycle for all other plans. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by MGH. MGH is unable to cancel your account effective for a future date. If MGH sends a confirmation of the cancellation request when it is processed, we will do so to the e-mail address on record. It is your responsibility to ensure your current email address is up to date with MGH. There are no REFUNDS of a partially used month. Upon cancellation MGH will delete any and all data associated with said accounts. This may include but is not limited to web site data and e-mail. You are responsible for retrieving your e-mail, web site files, and all other information stored on our servers that is owned by you, prior to cancelling your account.
MGH does not monitor, and will not automatically cancel plans for problems related to domain name transfers, non-usage, NetworkSolutions (or any Domain Name Registration Provider), your ISP, or any other secondary issues not directly related to MGH's services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. MGH MyGreenHosting reserves the right to cancel any account, at any time, without notice, for any reason MGH MyGreenHosting considers appropriate. Any account hosting or dedicated server plans delinquent thirty (30) days or more will be terminated and any content, scripts, images, source code, proprietary content, will not be made available (if available) to the customer until the account becomes current and in a paid status.
30-Day Money Back Guarantee
Each of MGH's shared hosting plans carries a 30-day unconditional money back guarantee. If you are not completely satisfied with our services or support within the first 30 days, you will be given a full refund of the fees paid in advance (excluding setup fees) upon plan cancellation. This policy does not cover any additional services such overages, disk space, e-mail accounts, etc. The following services do not qualify for the 30 Day Money Back Guarantee: additional items and services; domain name registration fees; domain name redemption fees; dedicated servers; co-located servers, items and services ordered through the reseller program; domain parking, and overage fees. All cancellations must be received in writing as per the deadlines indicated; regular mail, e-mail and fax notifications are acceptable. Phone requests will not constitute acceptance of any cancellation. If sending by e-mail you must direct the cancellation to billing@mygreenhosting.com. No other e-mail address will be constituted as a cancellation and therefore would not be deemed cancelled.
Furthermore, if you have a domain that you acquired through our “free domain” promotion at the time you became a MGH customer and wish to transfer this domain to another web hosting provider or domain registrar, this domain will be subject to a domain registration fee prior to the execution of the transfer process.
Refund Policy
Full Refunds are only available in accordance with the 30 Day Money Back Guarantee. Refunds will be provided in the same payment method of the original payment. There are no refunds offered or promised after 30 days. There are no refunds and/or credits offered if you (the customer) receive overdraft charges from your bank. Please direct refund request to billing@mygreenhosting.com.
The following Terms Of Service apply only to MGH's Web Hosting and Ecommerce customers, and supplement the terms in sections F and G that apply to all MGH customers:
Disk Space, Bandwidth and Data Transfer
MGH customers now have access to unlimited disk space, bandwidth and data transfer. Essentially then, you can use whatever disk space and bandwidth is necessary for your web hosting needs.
What is acceptable and appropriate usage?
MGH web hosting is continually investing in technology and support features. Our web hosting solution has specifically been designed to serve the web hosting needs of small and independently owned and operated businesses and organizations throughout the world. Since you will be hosting your website with hundreds of others on our servers in a virtual community, our offerings are really not intended to support enterprise level or large company requirements. For that, we recommend purchasing at least a virtual private server or dedicated server solution.
MGH web hosting is a shared web hosting service, which ultimately means a number of customers' websites are hosted within the same server environment. To ensure that our hosting is first-class, reliable, and available to all customers within that server community, an individual customer's website usage cannot adversely affect the performance of other customers' sites. We monitor our servers 24/7/365 and in no way can one customer adversely affect the performance of that server. If this happens, we will take preventative measures to ensure that the entire community is protected.Lastly, our web hosting service is intended to host websites, not backup or storage facility for users' data. Using your web hosting account primarily as an online storage space for archiving electronic files and images is strictly prohibited. Our servers are for web hosting usage only.
What is unlimited?
Unlimited disk space:Create a website as large as you like, hundreds or thousands of web pages; you will not be penalized for exceeding any upper or ceiling limit. However, please realize that there are many other users on your server and growing a website very large too fast will impede the performance of that server, as using too many server resources will negatively impact other customers on that server. We will place some constraints on how fast you can grow that website and monitor the server resources closely. The vast majority of our customers' sites grow at rates well within our rules, however, and will not be impacted.
Unlimited bandwidth and data transfer:This rule only comes into play when you use excess server processing power that negatively impacts the performance of the server and provides a bad customer experience in that server community. Minimizing the impact on an individual server's processing power is key to the overall performance on that server. In the vast majority of cases, if you use the web hosting service appropriately, visitors to your website will be able to view, download, and add as much content from your site as they wish. However, in certain circumstances, our server processing power, server memory, or anti-abuse controls could limit downloads or access from your site. Violators to the above rule will not be tolerated. You can upload all the content that you require each month subject to the rules as outlined above.
Spamming
Sending unsolicited bulk and/or commercial messages ("UCE") over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to MGH's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a MGH server, or selling and/oMGHr distributing software (on a Web site residing on a MGH server) that facilitates spamming. Violators will be assessed a non-refundable minimum fine of $200 and will face immediate suspension. MGH reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
CGI Scripts
Any scripts, in any programming language that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. MGH does not permit CGI script sharing with domains not hosted by MGH or any scripts that may be abused for UCE purposes.
Chat Rooms
MGH does not allow Web Hosting and E-commerce customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option. However, for a small charge, MGH provides Java chat rooms that meet most users' needs and run without hindering system performance.
Background Running Programs and Cron Jobs
MGH may allow programs to run in the background. These programs will be considered on an individual basis and Web Hosting and E-commerce customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact MGH at support@mygreenhosting.com so that we can arrange set-up.
IRC
MGH does not allow IRC or IRC bots to be operated by Web Hosting and E-commerce customers.
Software Distribution
MGH's Web Hosting accounts are NOT configured for the purposes of distributing software and/or multimedia products.
E-commerce accounts ARE configured for the purposes of distributing software and/or multimedia products. You can install any e-commerce software on your web hosting account you wish, but it is not supported by MGH.
Multimedia Files
Multimedia files are defined as any graphics, audio, and video files. MGH Web Hosting and Ecommerce accounts are can be used for the purposes of distributing and storing unusual amounts of multimedia files as long as the space of your web hosting plan has not been exceed.
Databases
Any database stored on MGH's Web Hosting and E-commerce servers will be limited in size to 30% of the total disk space allotted for that particular domain's plan/web hosting account except for access databases.
MGH Services
MGH's services include, but are not limited to:
any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers' account (including all billing data and the space on the particular Web server that MGH provides to customers); any use by customers, or any access provided to customers by MGH, of computing, telecommunications, software, information, hardware, and equipment; any act, or provision of any service, by MGH to customers, related to Web hosting, virtual desktops, domain name registrations and domain name transfers (including server usage and technical support), regardless of duration and whether paid for or not; any provision by MGH to customers, of any space, Internet connectivity, or electrical power; any access or use related to the MGH's Web site, including the Web site itself; any other service mentioned in the TOU; any other service provided by MGH to customers, whether used or not; any other MGH services that are used by customers, whether offered or provided by MGH to customers.
Domain Name Renewal And Expiration
MGH makes every reasonable effort to make sure you know your domain name registration is coming due. We do NOT pick up the phone and call clients and we do not try and track clients down to let them know their domain name registration is expiring. It is solely the responsibility of the client to ensure that all the information is up to date on their domain name registration. If the client does not know their login info to manage and update their domain name registration, then they can call or e-mail support and we will gladly provide the information. Our registration system is provided by Tucows and its service will notify you by e-mail when the domain name is coming due. You need to keep this information up to date. If you don't then the system can't send you an email to notify you your registration is expiring. Your website and email will be off the internet once the domain name expires and you could potentially loose business. If you don't receive a renewal message then it is most likely caused by not having the correct email address in the domain name registration system or the message is caught by your spam filter. It is extremely important that you keep this information up to date to avoid any interruption of service. If a domain name is expired and you want to renew the domain name simply call MGH and ask for the domain name registration department. If the domain name is expired more than 40 days then the name goes into redemption period by the registrar. They require a substantial amount of money to pull the name out of redemption. MGH is NOT in any way responsible for clients that let their domain name(s) expire.
Ownership of Web Site
The legal owner of customers' Web sites and accounts with MGH will be the individual or organization whose name is listed in MGH's database as the owner. Customers will fully cooperate with and abide by any and all of MGH's security measures and procedures in the event of any dispute over ownership of customers' Web sites and accounts with MGH.
Illegal Use
MGH servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing MGH services, all MGH customers certify that they and/or the organization they represent in procuring services from MGH are not, nor have been designated, a suspected terrorist as defined by Icelandic law; are not owned or controlled by a 'suspected terrorist' as defined by Icelandic law.
Spamming
Sending unsolicited bulk and/or commercial messages ("UCE") over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to MGH's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a MGH server, and selling or distributing software (on a Web site residing on a MGH server) that facilitates spamming. Violators will be assessed a non-refundable minimum fine of $200 US and will face immediate suspension. MGH reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
System and Network Abuse
Violations of system and/or network security are prohibited and may result in criminal and civil liability, and/or reduction and/or restriction of network or server resources. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting. You are responsible to report any weakness you discover in the security of MGH's computing resources to MGH. You are not to explore a weakness on your own as this may be interpreted as intentionally tampering with MGH's resources and be treated as a violation of criminal law. If you wish to assist in resolving a security weakness in the system, you should contact MGH for authority to act and for further instruction.
Viruses and Other Destructive Activities
Use of MGH's services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use MGH's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
Copyright Violations
The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All MGH customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a MGH customer (per the DMCA) to MGH must follow the below procedures. Copyright infringement notifications submitted to MGH according to these procedures will be processed within 21 days of receipt. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at MGH's sole discretion.
DMCA Copyright Infringement Notification Requirements
Signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant"). Identification of the copyrighted work(s) claimed to have been infringed. Identification of the material claimed to infringe the copyright(s), and enough information for MGH to locate it including URLs and specific descriptions of the infringing material at each URL. The Claimant's name, address, and telephone number(s). A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent. A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner. Mail the notification to:
MGH My Green Hosting
Legal Department - DMCA Complaints
1340 Burnaby Street #804
Vancouver BC, V6E 1R1 Canada
abuse@mygreenhosting.com
Adult Content
Pornography and sex-related merchandising are prohibited on MGH servers. This includes sites that may infer sexual content or provide links to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the Internet, or provide links to such sites.
Child Pornography
The use of MGH's services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. MGH is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
Privacy
MGH is concerned with the privacy of on-line communications and Web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, MGH urges its customers to assume that all of their on-line communications are insecure. MGH has taken every step in securing its servers and network, although we cannot take any responsibility for the security of information transmitted over MGH's facilities. Additional details on privacy and MGH's use of customer information can be found in MGH's Privacy Policy located here.
Customer Responsibility
Customers are required to use the MGH network and/or servers responsibly. This includes respecting the other customers of MGH. MGH reserves the right to suspend and/or cancel service with any customer who uses the MGH network in such a way that adversely affects other MGH customers. While MGH may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, MGH does not monitor its customers' communications or activities to determine whether they are in compliance with the TOS. However, when MGH becomes aware of any violation of the TOS or other user agreements, MGH may take any action to stop or correct such violation, including, but not limited to, denying access to MGH's services and equipment or to the Internet. In addition, MGH may take action against a customer or a customer of such customer because of the activities of such customer. MGH anticipates that customers who offer Internet services will cooperate with MGH in any corrective or preventive action that MGH deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of MGH policy and MGH reserves the right to take any such action even though such action may affect other customers of the MGH customer. You are responsible for retrieving your e-mail, web site files, and all other information stored on our servers that is owned by you, prior to canceling your account. You are responsible to report any weakness you discover in the security of MGH's computing resources to MGH.
Actions Taken by MGH
The failure by a customer to meet or follow any of the TOS is grounds for account deactivation. MGH will be the sole arbiter as to what constitutes a violation of the TOS. MGH reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When MGH becomes aware of an alleged violation of its TOS, MGH will initiate an investigation. During the investigation, MGH may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, MGH may, at its sole discretion, restrict, suspend, or terminate a customer's Web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, MGH will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOS if it is illegal, irresponsible, or constitutes disruptive use of the Internet. MGH does not issue credits for outages incurred through service disablement resulting from TOS violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by MGH. Websites found in violation of this TOS policy are subject to account termination without notice and any refunds are void. Violations of system or network security are prohibited and may result in criminal and civil liability.
Indemnification
MGH customers agree to protect, defend, hold harmless, and indemnify MGH, any third party entity related to MGH (including, without limitation, third party vendors), and MGH's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as MGH, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of MGH's services.
Disclaimer
The MGH service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. MGH expressly disclaims any representation or warranty that the MGH service will be error-free, secure or uninterrupted. No oral advice or written information given by MGH, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. MGH and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
Termination for Bankruptcy or Insolvency
If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, MGH may immediately terminate provision of MGH's services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against MGH in such event.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL MGH (INCLUDING, WITHOUT LIMITATION, MGH'S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS MGH, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING MGH'S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR MGH SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY MGH SERVICES EVEN IF MGH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MGH'S TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOS OR MGH'S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY MGH OR MGH'S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 1-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
Modifications
MGH may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, service, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with MGH's services. Certain changes to MGH's services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and MGH is not liable, for any and all such personalized applications and content, except as expressly agreed to by MGH.
Backup of Data
Except where MGH has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and MGH is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with MGH services. You are responsible to make any back-ups of electronically stored data which you have created or maintain. MGH assumes no responsibility for lost or corrupted data.
Third Party Licenses
MGH makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively "Technologies"), part of which may be licensed, or co-branded, from or by, third party entities. However, MGH makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, MGH specifically disclaims all warranties of merchantability and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold MGH liable in any way for the revocation of any license, which has been licensed to MGH. The use of the Technologies obtained from or through MGH, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.
Non-MGH Products
Any mention of non-MGH products by MGH, its employees, or any third party entity related to MGH is for information purposes only and does not constitute an endorsement or recommendation by MGH. MGH disclaims any and all liabilities for any representation or warranty made by the vendors of such non-MGH products or services.
MGH's Intellectual Property
Customers will not, without MGH's express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on MGH's Web site, MGH related documents, media, and/or publishing's; and customers will not use any of MGH's trademarks, service marks, copyrighted materials, or other intellectual property without MGH's express written consent. Customers will not, in any way, misrepresent their relationship with MGH, attempt to pass themselves off as MGH, or claim that customers are MGH.
Assignment
Customers may not assign or delegate their rights or obligations under the TOS or other agreement for MGH's services, either in whole or in part, without the prior written consent of MGH.
Minimum Age Requirement
MGH customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the TOS in order for the Minor to become a MGH customer. A parent or guardian who accepts the TOS on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOS, including the timely and full payment of the charges for MGH services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains MGH's express written consent to the contrary. Any acceptance of the TOS or any other agreement for MGH's services will be deemed null and void to the extent that MGH will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of MGH's services.
Governing Law and Severability
The TOS, and any other agreement for MGH services, will be governed by and construed in accordance with the laws of the Country of Iceland without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and MGH will take place in Iceland and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOS or other MGH agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOS or the agreement will continue in full force and effect.
Force Majeure
MGH will not be liable for delays in its performance of the TOS or MGH services caused by circumstances beyond MGH's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). MGH will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due. Waiver and Amendment Any waiver, modification, or amendment of any provision of the TOS or other agreement for MGH services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of MGH.
Independent Contractors
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between MGH and its customers. Each of MGH and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
Construction and Interpretation
Wherever in this TOS the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOS into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOS. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOS.
Complete Agreement and Exclusivity
The TOS, and/or any other specific agreement for MGH services, constitutes the complete understanding and agreement between MGH and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of MGH, the TOS supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOS, and/or any other specific agreement for MGH services is between MGH and its customers only and will not confer any rights in any third party except as otherwise expressly provided by MGH.
Trademarks
MGH's company, brand and product identifiers are trademarks or registered trademarks of MGH My Green Hosting. All Rights Reserved.
These trademarked terms must be identified as trademarks of MGH My Green Hosting. using the appropriate symbol (® or ™) at the first occurrence in any published communications, printed or electronic, including advertising, promotions, packaging, technical documentation, sales and marketing collateral, and product labels. In addition, the terms must also be listed, identified and attributed as the property of MGH My Green Hosting.
If you have questions regarding the use and identification of MGH My Green Hosting trademarks, please contact My Green Hosting at support@mygreenhosting.com.
All contents of this web site are Copyright © 2012 MGH My Green Hosting All Rights Reserved. No portion of this Web Site may be reproduced, copied, and/or used in any form without prior written permission.
MGH My Green Hosting, the MGH logo are the property of MGH My Green Hosting. Other trademarks, registered trademarks, brands, services and product names are the properties of their respective owners.
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