Terms and Conditions
The parties, Mynex Systems, Inc. (hereto referred to as "Mynex"), an interactive online service and hosting provider, and the undersigned customer (hereto referred to as "Customer") agree as follows:
- MYNEX: Mynex shall provide Customer access to the Internet through the Mynex network. Mynex will abide by those terms and conditions set forth in this document. Customer agrees to abide by any and all rules of the network they access through Mynex. Mynex exercises no control over the content of any information passing through the network. Mynex may at any time, transfer, sell or assign this agreement without notice.
- CUSTOMER: The Customer agrees to use the Mynex network for lawful purposes only. The Customer will not transmit or post any material that is in violation of any Federal or State laws. This includes but in not limited to copyrighted materials, threatening, abusive or obscene materials or transmissions, or any action which encourages a criminal offense. Attempts to gain unauthorized access to outside computer systems are expressly prohibited. Customer may not transfer, sell or assign your account without prior written consent of Mynex. Any equipment and/or software products that are not provided by Mynex are Customer's responsibility. If Mynex notifies Customer that the hardware and/or software not provided by Mynex is likely to cause interference, service obstruction or hazard, Customer shall remove the interference, service obstruction or hazard immediately.
- PAYMENT: All services provided by Mynex will be billed in advance of the upcoming billing period and will include all applicable local, State and Federal taxes. If Customer utilizes any additional services, through Mynex, charges for said services will be billed at the time of the next billing period. Payment not received within 30 days of billing will be subject to a 1.5% financing charge. Mynex reserves the right to terminate or discontinue service at any time.
- CANCELLATION: Upon written notice of cancellation, accounts will be billed to the end of the present billing period. If the Customer had pre-paid beyond the present billing period then the balance beyond that billing period will be refunded. Termination of your service does not constitute relief from amount incurred prior to cancellation or termination. Any IP's assigned to customer must be returned at cancellation and are in no way transferable to another customer or service.
- SERVICE: Mynex uses state of the art equipment for its Internet/network services. No guarantee of end-to-end bandwidth on the Internet is made. Mynex makes no guarantee of service on full routing.
- DISCLAIMER: Mynex makes no warranties, express or implied, including but not limited to, any warranties of merchantability or fitness for any particular purpose. Mynex is not responsible for any damages suffered from the use of our services including but not limited to, loss of data, service interruptions and/or delays, or third party litigation.
- HOLD HARMLESS: The Customer agrees to indemnify and hold harmless Mynex, its directors, officers, employees, agents or affiliates for all damages and claims that might arise from the Customer's use or misuse of the service, which damages or otherwise harms the Customer, Mynex or a third party.
- CONTENT/MINOR CHILDREN: Customer acknowledges that the Internet may contain information which may be detrimental to minor children. Mynex cannot and does not control the content of information available over the Internet. The customer affirms that he/she is at least 18 years of age or, if the Customer is a parent or guardian, he/she agrees to take all precautions and supervision of any minor children using said services.
- AGREEMENT: The agreement between the undersigned and Mynex is that of Customer and service provider only. If Mynex deems the Customer to be in violation of any terms and/or conditions set forth in this agreement, Mynex reserves the right to immediately terminate the services provided to the Customer, with the Customer being fully responsible for any and all attorney's fees incurred by Mynex with regard to this agreement.
- MODIFICATION: Mynex reserves the right to modify rates and/or services, terms and/or conditions at any time. These modifications will be announced electronically or by written notice.
- LITIGATION: Customer, by execution of this agreement , agrees that the terms and conditions of this agreement shall be interpreted under the laws of the State of Illinois. In the event of disagreement, Mynex and the Customer agree that the location for such litigation shall be DuPage County, Illinois.
- UNAUTHORIZED USE OF MYNEX EQUIPMENT: Any Customer attempting to attack Mynex network installation in any way will be billed $300 per hour, with a minimum of one (1) hour billed, to find the offending Customer and repair any damage that was caused.
- Unlimited Internet Access is defined as an on-demand, temporary connection to the Internet. Using artificial methods to maintain a continuous connection while away from the computer connection is not permitted. Mynex has the right to terminate any connection lasting more that 12 consecutive hours. Multiple violations will lead to termination of service.
- Mynex does not allow concurrent connections/usage ( making two or more simultaneous connections with the same username/paswword.) For example you cannot log in at work while your family is logged in at home. Violations will be assessed $25 per incident.
- SPAM: The transmission of any type of material, whether graphical or textual in content, to other Customers or non-customers without their express consent is prohibited under the terms of this agreement. Any complaints received from our Customers or non-customers of unsolicited materials will automatically result in a charge of $200 per complaint billed to the offending Customer's account.
- Person(s) applying for service must be 18 years of age or older.
- ACCEPTABLE USE POLICY: The Mynex Acceptable Use Policy is hereby incorporated into and made a part of this agreement and Customer agrees to follow and be bound by the requirements.