All
services provided by MyOnlineData may be used for lawful
purposes only. Transmission or storage of any information,
data or material in violation of any United States Federal,
State or City law is prohibited. This includes, but is not
limited to: copyrighted material, material legally judged to
be threatening or obscene, or material protected by trade
secret and other statue. The subscriber agrees to indemnify
and hold harmless MyOnlineData from any claims resulting
from the use of the service which damages the subscriber or
any other parties.
Pornography and sex-related
merchandising are prohibited on any MyOnlineData server.
MyOnlineData will be the sole arbiter as to what constitutes
a violation of this provision.
Spamming, or the sending
of unsolicited email, using an email address, URL that is
maintained on an MyOnlineData machine, or directing traffic
to a webpage that contains any reference to MyOnlineData is
STRICTLY prohibited. MyOnlineData will be the sole arbiter
as to what constitutes a violation of this provision. This
action WILL RESULT in immediate termination of your account
without refund. Any service interuptions as a result of
subscribers spamming will be billed to the subscriber at
$50.00 per hour until service is restored. Subscriber will
also be in violation of the MyOnlineData Service Agreement
and subject to legal action.
Payment is due immediately
after date of invoice. All payments must be in US dollars and
withdrawable from a US bank. The subscriber is responsible for
providing up-to-date payment information. MyOnlineData will
not be held responsible should the subscriber's payment
information become out-of-date.
If payment is by
credit card, the subscriber authorizes MyOnlineData to
charge the credit card listed on the subscription form for
those charges for MyOnlineData services that may accrue from
month to month, or for any past-due balances, in order to
bring the account to current status. Credit card payments will
be billed and charged automatically, and MyOnlineData
may charge the amount due to the provided card at any time.
Accounts are in default if payment is not received
within 20 days after date of invoice. If a subscriber's check
is returned by the bank as unredeemable, the subscriber will
be deemed to be in default, and will be liable for a "returned
check" charge of $25. Accounts unpaid 20 days after date of
invoice may have their service interrupted. Such interruption
does not relieve the subscriber from the obligation to pay the
monthly charge. Only a written request to terminate your
service relieves you of your obligation to pay the monthly
account charge. Accounts in default are subject to a late
payment charge of $25 and an interest charge of 1.5% per month
on the outstanding balance. If the subscriber's state law does
not allow an interest rate of 1.5% per month, the maximum
allowable rate for the subscriber's state will be charged. If
the subscriber defaults, the subscriber agrees to pay MyOnlineData
Systems its reasonable expenses, including attorney and
collection agency fees, incurred in enforcing its rights under
these Terms and Conditions.
All files, information and
mail under the account will be preserved for 20 days from the
date the payment is due. If the payment is not received after
20 days, all files, information and mail under the account
will be deleted. If the subscriber wishes to use the service
again, the subscriber must re-apply as a new
subscriber.
The subscriber agrees that the company has
the right to delete all data, files or other information that
is stored in the subscriber’s account if the subscriber’s
account with the company is terminated, for any reason, by
either MyOnlineData or the subscriber.
System
accounts can not be transferred or used by anyone other than
the subscriber. Accounts which have been transferred to other
parties, or show other activity in violation of this
paragraph, are subject to immediate cancellation.
MyOnlineData shall have the right to suspend service
to the subscriber at any time, and for any reason, without
notice. If such a suspension is to last for more than 20 days,
the subscriber will be notified as to the reason.
Service provided by MyOnlineData may be cancelled in
writing at any time with no penalty. Customer unit name and
password must be included in the cancellation request.
Cancellation will take effect only when the receipt of the
cancellation request is confirmed by MyOnlineData. MyOnlineData
reserves the right to change the rate by notifying the
subscriber 15 days in advance of the effective date of the
change.
MyOnlineData exercises no control whatsoever
over the content of the information passing through MyOnlineData.
All leads (email addresses) generated by subscriber
are held strictly confidential. The leads are never released
to any other parties for any purpose. The lead information is
only used on MyOnlineData's servers to deliver the follow up
messages designated by the subscriber.
Customers
are prohibited from transmitting on or through any of MyOnline
Data's systems, any material that is, in MyOnlineData's
sole discretion, unlawful, obscene, threatening, abusive,
libelous, or hateful, or that encourages conduct which would
constitute a criminal offense, give rise to civil liability,
or otherwise violate any local, state, national or
international law.
MyOnlineData makes no
warranties of any kind, whether expressed or implied, for the service
it is providing. MyOnlineData also disclaims any warranty
of merchantability or fitness for a particular purpose.
AWeber Systems will not be responsible for any damage suffered.
This includes loss of data resulting from delays,
nondeliveries, misdeliveries, or service interruptions caused by
MyOnlineData's negligence or the subscriber's errors or omissions.
Use of any information obtained via MyOnlineData is at your
own risk. MyOnlineData specifically denies any
responsibility for the accuracy or quality of information
obtained through its services.
LIMITED LIABILITY. ANY
LIABILITY OF THE COMPANY, INCLUDING WITHOUT LIMITATION ANY
LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION,
DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OF OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS,
WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE,
OR UNDER ANY OTHER CAUSE OF ACTION, SHALL BE STRICTLY LIMITED
TO THE AMOUNT PAID BY OR ON BEHALF OF THE SUBSCRIBER TO THE
COMPANY FOR THE CURRENT MONTH.
Should any provision of
this agreement be held to be illegal, invalid, or
unenforceable by a court law, the legality, validity and
enforceability of the remaining provisions of this agreement
shall remain unaffected thereby unless otherwise stated.
This agreement shall be governed by the laws of the
State of New Jersey and the United States.
These
Terms and Conditions supersede all previous representations,
understandings or agreements and shall prevail notwithstanding
any variance with terms and conditions of any order submitted.
Use of MyOnlineData service constitutes acceptance of these
Terms and Conditions.