Disclaimer Of Warranties
THE SERVICE IS PROVIDED WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE MAKE NO WARRANTIES, CONDITIONS OR REPRESENTATIONS CONCERNING THE MERCHANTABILITY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICE. YOU ASSUME ALL RISK FOR USING THE SERVICE IN ANY ACTIVITIES WHERE DAMAGE OR INJURY TO PERSONS, PROPERTY, OR BUSINESS MAY RESULT IF AN ERROR OR INTERRUPTION OCCURS. WITHOUT LIMITATION, NO WARRANTY OR CONDITION IS GIVEN THAT THE SERVICE IS ERROR-FREE OR UNINTERRUPTED. WE MAKE NO WARRANTY, CONDITION OR REPRESENTATION REGARDING THE CAPABILITY OF THE SERVICE TO CORRECTLY PROCESS, PROVIDE AND/OR RECEIVE DATE DATA WITHIN AND BETWEEN THE 20TH AND 21ST CENTURIES. WE DO NOT WARRANT THAT OUR SECURITY PROCEDURES WILL PREVENT THE LOSS OF, ALTERATION OF, OR IMPROPER ACCESS TO, YOUR DATA. WE ARE NOT RESPONSIBLE FOR INVALID DESTINATIONS AND TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE SECURITY OF, YOUR INFORMATION CARRIED OVER TELECOMMUNICATIONS CARRIERS' OR OTHER PROVIDERS' FACILITIES. WE, INCLUDING OUR LICENSORS AND YOUR MNL BUSINESS PARTNER, DISCLAIM ANY LIABILITY OR RESPONSIBILITY ARISING FROM ANY CLAIM THAT YOUR ACCESS TO, OR USE OF, THE PROGRAM, SERVICE, OR RELATED PRODUCTS WE OR OTHER SERVICE PROVIDER PROVIDE INFRINGES ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS.
This document describes the acceptable use of MyNetLink, including all MyNetLink materials, packaging, packaging contents, resources, content, and features made available as well as any other hosted services provided by MYNETLINK (described hereafter as the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new MyNetLink resources, shall be included in the Service and as a result, will be subject to this policy.
Registration Obligations
In use of the Service, you agree to:
Provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data");
Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current, incomplete or, if MyNetLink inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, MYNETLINK has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof);
Abide by this Acceptable Use Policy and by the conduct guidelines as outlined in the remainder of this document.
General Conduct
In operating your website, you agree to assume sole responsibility for the following:
Acquiring any authorization(s) necessary for hypertext links to third party websites;
Using the Service in a manner consistent with any and all applicable laws and regulations, whether international, national, state, or local;
Providing accurate information and materials for display on the Service, including without limitation, descriptive claims, warranties, guarantees, the nature of your business, and address where your business is located; and
Ensuring the Service is not used to exchange any content or materials that are considered inappropriate according to this Acceptable Use Policy.
Further, as a condition of your use of the Service, you warrant to MYNETLINK that you will not use the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
Any unauthorized commercial use of the Service, or the resale of its services, is expressly prohibited unless prior approval has been obtained under agreement with MYNETLINK.
MYNETLINK will not be held responsible or liable for any illegal use or misuse of the Service on behalf of Service end-users. All information collected and stored via the product will remain private and confidential in accordance with the MYNETLINK Privacy Statement.
Conduct Pertaining To Email
You agree to notify MYNETLINK immediately of any unauthorized use of your account or any other breach of security.
You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account.
Misconduct
MYNETLINK reserves the right, in its sole discretion, to remove any content for any reason, including but not limited to, content which violates any laws or the terms and conditions of the Agreement for the Service or this Acceptable Use Policy. The Acceptable Use Policy describes certain actions relating to the content and operation of your website that MYNETLINK considers to be inappropriate and thus prohibited. Inappropriate or prohibited material must be removed from the site, or the Service will be terminated and your account suspended. The examples identified in the list below are in addition to the content identified in the End User License Agreement and are provided solely for your guidance.
Actions that MyNetLink considers inappropriate include, but are not limited to, the following:
Using the Service to sell any products or services that are unlawful in the location at which the content is posted, received, or delivered;
Using the Service to post any content that is obscene, lewd, lascivious, pornographic, contains nudity or sexual acts, filthy, excessively violent, harassing, exploiting of any group, or otherwise objectionable;
Using the Service to post any content that advocates, promotes, or otherwise encourages violence or promotes hate against any governments, organizations, groups or individuals, or which provides instruction, information, or assistance in causing or carrying out such violence;
Using the Service to post any content that holds MYNETLINK (including its affiliates), employees, or shareholders up to public scorn or ridicule or would in anyway damage or impair MYNETLINK's reputation or goodwill;
Using the Service to post any content that violates any copyrights, patents, trademarks, trade secrets, or other intellectual property rights of others;
Failing to obtain all required permissions when using the Service to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual property laws including copyright and patent laws;
Deleting or altering author attributes, copyright notices, or other copyright management information, unless expressly permitted in writing by the author or owner;
Using the Service in a tortuous manner, including the posting of libelous, defamatory, scandalous, threatening, harassing, or private information without the permission of the person(s) involved, or posting content that is likely to cause emotional distress; or Introducing viruses, worms, Trojan horses, or other harmful code on the Internet.
If you are unsure whether any contemplated use or action is permitted, please contact MYNETLINK. MYNETLINK's right to remove inappropriate content under this Policy shall not place an obligation on MYNETLINK to monitor your use of the Service.
Misconduct Pertaining To Email
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including the content of your email transmissions through the Service. By way of example, and not as a limitation, you agree not to:
Use the Service in connection with unsolicited surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or other unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information.
Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message.
Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs.
Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents.
Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks.
Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software exported from the United States through the service.
Interfere with another member's use and enjoyment of the Service.
MYNETLINK has no obligation to monitor the Service or any user's use thereof or retain the content of any user session. However, MYNETLINK reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. MYNETLINK reserves the right to determine with sole discretion, what is legitimate email marketing and what is objectionable Spam.
Violations
If you wish to terminate your account, your only recourse is to discontinue the use of the Service.
MYNETLINK shall have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party.
MYNETLINK will immediately terminate or suspend any account that it believes, in its sole discretion, is transmitting or is otherwise connected with any Spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated, then you agree to pay MYNETLINK liquidated damages of $5 US for each piece of spam or unsolicited bulk e-mail transmitted from or otherwise connected with your account. Otherwise, you agree to pay MYNETLINK actual damages, to the extent that such actual damages can be reasonably calculated.
Procedure For Violations
You acknowledge that MYNETLINK does not pre-screen content, and that MYNETLINK and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service that violates this policy or is otherwise objectionable. Except under dire circumstances which is at MYNETLINK's discretion to determine, the following procedure will be followed for dealing with violations of this policy:
Notification of the violation will be sent to the email address specified in the "Registration Data". It is expected that the violation will be addressed by the registrant within a timely manner, which is at the discretion of MYNETLINK.
Failure by the registrant to address the violation in a timely manner will result in MYNETLINK's temporarily redirecting requests to resources by the Service until the violation is corrected.
You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Modification
MYNETLINK may revise in its sole discretion this Acceptable Use Policy, without prior notice. Any such changes shall be posted by MYNETLINK Hosting Agreement and Acceptable Use Policy to apprise themselves of any changes thereto. You agree to be bound by all such changes.