MycPadmin Terms of Use

The use of services from MycPadmin.com [hereafter referred to as "Provider"] constitutes an Agreement to comply with the Terms of Use between Provider and Customer herein below stated. Provider reserves the right to change these terms and conditions, services, and the prices mentioned in this web site (hereinafter "Site") at any time, at its sole discretion, without notice unless otherwise specified herein below. Provider reserves the right to add, remove, modify or suspend all or some of its services at any time. Should Customer object to any term or condition of the Terms of Use, any guidelines, or any subsequent modifications thereto or become dissatisfied with Provider in any way, Customer's only recourse is to immediately discontinue use of Provider's services. Provider reserves the right to seek all remedies available by law and in equity for any violation of these terms and conditions.

Services

Provider offers products and/or services from its Site. Customers are advised to select a plan from the available options that fits their requirements. The terms "MycPadmin.com" or "us" or "we" or "our" or "Provider" refer to MycPadmin.com, regardless of capitalization. The terms "you" or "yours" or "user" or "Customer" refer to the Customer, regardless of capitalization. The term "Services" refers to the support services that Provider renders and other products and/or services as selected the customer from available options. All Services provided by MycPadmin.com may only be used for lawful purposes. The laws of the State of CALIFORNIA, and the United States of America apply.

The customer agrees to indemnify and hold harmless Provider from any claims resulting from the use of our Services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another's copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated.

Provider services, including all related equipment, networks and network devices are provided only for authorized Customer use. Provider systems may be monitored for all lawful purposes, including ensuring that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Provider system(s) constitutes consent to monitoring for these purposes.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our Terms of Use in any manner may be removed from our servers (or otherwise disabled), with or without notice. The customer also agrees that all licensing is subject to approval by the software manufacturer and that Provider has limited control over what licenses are revoked for inappropriate usage.

With the exception of credit card numbers or payment information for the purchase of products and services, Provider does not want to receive confidential or proprietary information through its web site.

Any information sent to Provider, with the exception of credit card numbers or payment information and server login information, will be deemed NOT CONFIDENTIAL. Customer grants Provider an unrestricted, irrevocable license to display, use, modify, perform, reproduce, transmit, and distribute any information you send Provider, for any and all commercial and non-commercial purposes.

Unless otherwise agreed upon by Provider in advance in writing, Customer also agrees that Provider is free to use any ideas, concepts, or techniques that you send Provider for any purpose, including, but not limited to, developing, manufacturing, and marketing products that incorporate such ideas, concepts, or techniques.

Provider may, but is not obligated to, review or monitor areas on its site where users may transmit or post communications, including bulletin boards, chat rooms, and user forums. Provider is not responsible for the accuracy of any information, data, opinions, advice, or statements transmitted or posted on bulletin boards, chat rooms, and user forums.

Customer is prohibited from posting or transmitting to or from this Site any libelous, obscene, defamatory, pornographic, or other materials that would violate any laws. However, if such communications do occur, Provider will have no liability related to the content of any such communications.

Acceptable Use/Illegal Activity

Viewing or using certain sections of the Site and Services require you to have an account in good standing. In order to have an account in good standing you must comply with all provisions of the Terms of Use, including following the procedures set forth in the Account Security section.

Customer agrees that you are responsible for your use of the Site and the Services, including any information, data, text, software, sound, photographs, graphics, video, messages, tags or other materials ("User Content") that you Submit to the Site through any means. For purposes of these Terms of Use, to "Submit" something means to email, post, upload, distribute or otherwise make available to Provider or on or through the Site whether electronically, by telephone, fax or any other means.

In using the Site or Services, you must comply with all Applicable Laws including all Applicable Laws related to the import, export or re-export, directly or indirectly, of any software accessed or downloaded from or through the Site.

In using the Site and the Services, you agree that you will not engage in any of the following or authorize or encourage any third party to engage in any of the following:

  • Submit any content that is unlawful, defamatory, hateful, invasive of another's privacy, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as determined by Provider in its sole discretion;
  • Submit any content that (a) infringes upon any third party Intellectual Property Rights or other proprietary right, (b) violates any contractual or fiduciary rights or obligations or (c) misappropriates any trade secrets;
  • Submit any content of which Customer does not have ownership (unless Customer has sufficient rights, consents or licenses to Submit such content);
  • Submit any content, script, code, software or other materials that contains viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Harm, impair, delay or otherwise disrupt or prevent others from using the Site or Services;
  • Submit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except (a) in those areas (such as the Ads & Offers forum) that are designated by Provider for such purpose; and (b) only if such advertising and promotional materials comply with all Applicable Laws and are not false or misleading;
  • Use the Site or Services for any fraudulent or inappropriate purpose;
  • Attempt to gain unauthorized access to the Site or Services, other accounts, computer systems or networks connected to any Provider server or to any of the Services, through hacking, password mining or any other means;
  • Interfere with, disrupt, tamper with or access without authorization any computers, servers or networks of Provider or operated by others on behalf of Provider;
  • Forge, delete or otherwise manipulate headers or other identifiers in order to disguise the origin of any content you Submit;
  • Stalk or otherwise harass another; or
  • Collect personal information about other users.

Provider has the right but not the obligation to pre-screen, refuse, disable access to or remove any User Content that is available via the Site or Services, including by removing any User Content that violates these Terms of Use or that we otherwise find objectionable. Provider also has the right, but not the obligation, to investigate your use of the Site or Services to determine whether you have violated these Terms of Use. Provider may access your account and otherwise engage in investigations to the extent required or permitted by Applicable Law or to comply with a legal process or governmental request.

Without limiting any of Provider's other legal rights, remedies and defenses, all of which are expressly reserved, Provider may terminate or suspend any account for breach of these Terms of Use at any time in its sole discretion, including for any repeated breach of the provisions on User Content that violates third-party Intellectual Property Rights.

Backup

If a back up service is purchased, its functions are done on your server and it is your sole responsibility to see if the back ups are up to date and complete.

Refund Policy

MycPadmin.com provides its customers 100% customer satisfaction on its server management and/or monitoring services. Customers who are not completely satisfied with our services within the first 3 technical support requests or first 30 days of using our service (whichever occurs first) from the date of signup will be given a full refund of the amount paid. If you cancel your account, we will provide you with a full refund for the remainder of your term, excluding any setup fees that were charged when you signed up. This guarantee applies only to first time customers, hence for any customer who uses our services and cancels and again signs up with us at a later date, the customer satisfaction guarantee is not applicable.

Only one (1) refund per customer or affiliate thereof will be honored. (For example, if you signup and request a refund, and then signup at a later date, the money back guarantee does not apply.) The money back guarantee only applies to work performed on one (1) server IP address. (For example, if you sign up with 2 or more server IP addresses, and request a refund within the first 30 days, only the amount paid for the 1st server IP will be refunded). Refund cannot be done for Server Migrations and Core Security updates that are performed on the server. In certain instances at our sole discretion, we reserve the right to delete, remove and/or undo any work that was performed on your server(s) during the period in which a refund is or was requested and/or given. Refunds of any kind for any reason may take up to 30 days from the time the refund is requested or offered for processing. Violations of the Terms of Use will waive any refund otherwise due to Customer.

Response time

Response time is defined as the initial response recorded on the ticket, which provides the customer with a status update and or response. MycPadmin.com agrees to provide a guaranteed response time of four (4) hours for all support tickets, though the average response time is thirty (30) minutes for most of the tickets. Refunds / credits will be provided at the sole discretion of MycPadmin.com, if found to be in violation of terms listed. Exceptions due to causes beyond the control of MycPadmin.com will not be considered sufficient grounds for refunds / credits.

Resolution time

Resolution time is defined as the time elapsed between the actual reporting of the problem and the resolution of the problem. Resolution times may vary based on the complexity of the issues and the number of active tickets on the helpdesk. MycPadmin.com agrees to provide a guaranteed resolution time of 24 hours for all support tickets, though the average resolution time is four (4) hours (depending on the complexity of the issue(s)) for most of the tickets. Refunds / credits will be provided at the sole discretion of MycPadmin.com, if found to be in violation of terms listed. Exceptions due to causes beyond the control of MycPadmin.com will not be considered sufficient grounds for refunds / credits.

Sales, billing, or any other non-support related issue is not covered under our Response and Resolution time guarantee.

We do not provide any instructions on how to do technical work yourself or how any technical work was done, including but not limited to a list of steps, copy of the commands used, ssh session transcript, graphic/text screenshots, history recording, etc.

Payment

Customer agrees to supply appropriate payment for the services received from Provider. An invoice for the service provided will be emailed to the client 3 days before the next billing due date. Customer agrees that until and unless Customer notifies Provider of Customer's desire to cancel any or all services received, those services will be billed on a RECURRING BASIS automaticallyto Customer's credit card or PayPal account on file.

As a Customer of Provider, it is Customer's responsibility to ensure that Customer's payment information is up to date, and that all invoices are paid on time. Provider provides a two (2) day grace period from the time the invoice is due and when it must be paid. When an invoice is five (5) days past due the specific service(s) associated with that invoice will be suspended until payment is received. Provider reserves the right to change the monthly payment amount and any other charges at any time with thirty (30) days written notice to the Customer. Provider reserves the right to suspend any license that is one day unpaid past the invoice due date.

Disputes on part of the payments have restrictions. All payments after the first month of service are non-refundable, despite the usage or reason. Any discrepancies found in billing must be reported within 60 days. If Customer disputes a charge to your credit card issuer that, at Provider's sole discretion is a valid charge under the provisions of our Terms of Use, you agree to pay MycPadmin.com an "Administrative Fee" of $100 per dispute. All unpaid debts and dispute fees may be sent to credit collection agencies.

If you cancel your account and your payments still continue to recur for any reason, including but not limited to 1) by fault of the credit card processor and/or 2) by fault of any other payment collection company, we are to be held free of liability for any overdraft fees that are issued by your financial institution.

Term and Termination

This agreement shall remain effective until either party receives written notice of the desire to terminate this agreement and/or the contracted service(s). Upon termination of this agreement, MycPadmin.com shall be paid for all partial periods of service (if any), in full, or as demanded by MycPadmin.com, prior to the date of service termination.

Cancellations must be done in writing via the cancellation process on Provider's website at http://mycpadmin.com/cancellicense . Cancellations must be made at least one (1) day before Customer's service due date. Cancellations sent in on or after Customer's service due date will not be subject to a refund. Once Provider receives Customer's cancellation notice and has confirmed all necessary information Provider will inform Customer by e-mail that Customer's service has been cancelled.

MycPadmin.com reserves the right at its sole discretion to refuse or cancel service. Violation of any of the Provider's Terms of Use could result in a warning, suspension, or possible account termination. Accounts may be terminated for any or no reason at all without any prior notice to the customer. Accounts terminated due to violations of these Terms of Use will not be refunded.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Provider harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Provider, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Provider against liabilities arising out of; (1) any injury to person or property caused by any services and/or products sold or otherwise distributed in connection with Provider; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Provider's servers.

Arbitration

ANY DISPUTE CONCERNING THESE TERMS OF USE WILL BE SUBMITTED TO ARBITRATION. Disputes submitted to arbitration are not resolved in court by a judge or jury. Customer and Provider hereby agree to submit any dispute to binding arbitration. A "Dispute" shall include any dispute, claim or controversy of any kind, whether in contract, tort, legal or equitable, or on the alleged breach of any duty imposed by any statute, rule or regulation now existing or hereafter arising, relating in any way to any aspect of this agreement.

By using any Provider services, Customer agrees to submit to binding arbitration. If any disputes or claims arise against Provider or its subsidiaries, such disputes will be handled by an arbitrator of Provider's choice. An arbitrator from JAMS will be selected. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. Customer will be jointly responsible with Provider for any and all costs related to such arbitration.

  1. a. The arbitrator will have no authority to award punitive, exemplary or enhanced damages, and the parties hereby waive any right to seek or recover any such damages.
  2. b. If Customer refuses to submit to arbitration, Provider may compel Customer to arbitrate under California law; the party making the motion to compel arbitration shall be entitled to attorney's fees and costs in connection with making the motion.

Disclaimer of Warranties

CUSTOMER AGREES THAT USE OF THE PROVIDER'S SITE AND SERVICES IS ENTIRELY AT YOUR OWN RISK. THE PROVIDER'S SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER MAKES NO WARRANTIES THAT: (I) THE SERVICES AND/OR PRODUCTS AND/OR SITE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES AND/OR PRODUCTS AND/OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE PURCHASE OF THE SERVICES AND/OR PRODUCTS AND/OR USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY SERVICES AND/OR PRODUCTS PURCHASED OR INFORMATION OBTAINED BY CUSTOMER THROUGH THE SERVICESAND/OR PRODUCTS AND/OR SITE WILL MEET CUSTOMER'S EXPECTATIONS; OR (V) ANY ERRORS IN THE SERVICES AND/OR PRODUCTS AND/OR SITE WILL BE CORRECTED. PROVIDER DOES NOT WARRANT THIRD PARTY PRODUCTS.

PROVIDER ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEB SITE.

Limitation of Liability

SOME STATES AND JURISDICTIONS INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL PROVIDER BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORESEEABLE), RESULTING FROM ANY ASPECT OF CUSTOMER'S USE OF SITE AND/OR SERVICES AND/OR PRODUCTS, PROVIDER CONTENT OR USER CONTENT, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE, SERVICES AND/OR PRODUCTS, PROVIDER CONTENT OR USER CONTENT, FROM INABILITY TO USE THE SITE, SERVICES AND/OR PRODUCTS, PROVIDER CONTENT OR USER CONTENT OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE, SERVICES AND/OR PRODUCTS, PROVIDER CONTENT OR USER CONTENT. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE, SERVICES AND/OR PRODUCTS, PROVIDER CONTENT OR USER CONTENT OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE, SERVICES AND/OR PRODUCTS, PROVIDER CONTENT OR USER CONTENT OR ANY LINKS ON THE SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO CASE SHALL PROVIDER'S LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE APPLICABLE PRODUCT OR SERVICE.

THIS WEB SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. HOWEVER, PROVIDER MAKES NO COMMITMENT TO UPDATE MATERIALS ON THIS SITE.

Provider makes no representation that information on this web site is appropriate or available for use in all countries, and prohibits accessing materials from territories where contents are illegal. Those who access this site do so on their own initiative and are responsible for compliance with all applicable laws.

Confidentiality Statement (Non Disclosure Agreement)

Any information provided by MycPadmin.com, be it procedures of resolution and / or proprietary technical data, shall remain confidential at all times and should not be distributed, copied, sold or published, for profit or otherwise, without the written consent of MycPadmin.com.

Provider may disclose any Customer information to law enforcement agencies without further consent or notification to the Customer upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

Governing Law and Choice of Form

This Agreement will be governed by and interpreted in accordance with the laws of the State of California without regard to the conflicts of laws principles thereof. Any dispute or claim arising out of or in connection with the Agreement not conclusively solved by arbitration shall be exclusively and finally settled by the state or federal courts located in California. For purposes of this Agreement, Customer and Provider hereby irrevocably consent to exclusive personal jurisdiction and venue in the Superior Court of California, County of Orange, and the federal court in the Central District of California.

Time-Limited Claims

Regardless of any Applicable Law to the contrary, you agree that any claim or cause of action arising out of or related to the Software or this Agreement, must be filed within one year after such claim or cause of action arose or be forever barred.

Force Majeure

No party will be liable for any failure or delay in performance of any of its obligations hereunder if such delay is due to acts of God, fires, flood, storm, explosions, earthquakes, general Internet outages, acts of war or terrorism, riots, insurrection or intervention of any government or authority; provided, however, that any such delay or failure will be remedied by such party as soon as reasonably possible. Upon the occurrence of a force majeure event, the party unable to perform will, if and as soon as possible, provide written notice to the other parties indicating that a force majeure event occurred and detailing how such force majeure event impacts the performance of its obligations.

Severability

If any provision of these Terms of Use is held to be invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability will not affect any other provisions of the Terms of Use, and the Terms of Use will be construed as if such invalid, illegal or unenforceable provision had never been contained herein.

These Terms of Use May Change

It is herby indicated that these Terms of Use of MycPadmin.com might change from time to time due to our evolving business, and the changing nature of the web hosting support industry. New customers and existing customers have the responsibility to check these Terms of Use from time to time and will be immediately bound by any changes without any additional notification from Provider. Failure to abide by revised Terms of Use may lead to cancellation of services. Customer's continued use of the services means you accept the changes we have made.

By using MycPadmin.com Support Services, you agree to the above Terms of Use.