Terms and Conditions

This document is referred to as the "Agreement". This Agreement explains the terms and conditions governing your use of the Services made available to you by Manyatta Interactive Solutions, hereinafter called "We" or "we". It represents the whole agreement and understanding between Manyatta Interactive Solutions and the individual, corporation or organization, hereinafter called "Customer" or "Customers" or "You" or "you", who subscribes to the Service.

Please read this Agreement carefully. By submitting your account application and by your use of the Service, you agree to comply with all of the terms and conditions set out in this Agreement. We may terminate your account(s) at any time, without notice, for conduct that is in breach of this Agreement, or for conduct that we believe is harmful to our business or the use of the Service by others or is harmful to any other party.

Manyatta Interactive Solutions reserves the right to modify this Agreement at any time, effective upon posting of the modified Agreement to this URL: http://manyatta.com/terms-and-conditions.html. You have the responsiblity to read this document from time to time to ensure that your use of the Service remains in compliance with this Agreement.

 

1. Refund Policy

Manyatta Interactive Solutions offers a 30 day money back guarantee on all accounts. It is a no questions asked guarantee. If for any reason, you wish to terminate your service with us within the first thirty days of service, we will refund your payment in full. However, we can not refund the cost of registering a new domain since it cannot be undone with our registrar. Setup fees (if any) also cannot be refunded.

 

2. Payment/Billing Information and Invoices

You are required to provide accurate and complete billing information, including legal name, physical address, e-mail address, telephone number, and, if applicable, automatic payment information (i.e., credit card or ACH). All customers are responsible for reporting to Manyatta Interactive Solutions any changes in such billing information within 30 days of such change.

Invoices for services are e-mailed at the start of each service period. Customers shall be invoiced and charged monthly for standard service charges plus any additional usage or service charges. All customers are responsible for monthly payment of invoices regardless of whether such invoices were actually received. For customers participating in the automatic payment plan, all customers are responsible for being aware of the amount that shall be automatically charged from such customer's account each month. For customers paying by check, payments are due within 10 days after the date that the invoice is e-mailed by Manyatta Interactive Solutions to the customer.

All charges invoiced to a customer shall be deemed to be valid and undisputed unless the customer disputes such charges in writing within 10 days after the invoice is e-mailed by Manyatta Interactive Solutions to the customer.

 

3. Cancellation/Termination

You may request to cancel your account(s) at any time without any fees or obligations. Domain registrations purchased through Manyatta Interactive Solutions cannot be cancelled. Domains will remain active until the end of the registration term. We may terminate your Service under the following non-exclusive circumstances: fees non-payment over 30 days from due date; you are in breach of any term or condition of this Agreement; your use of the Service disrupts Manyatta Interactive Solutions business operations or affects any other customer. In such termination(s) all customer Services are removed from Manyatta Interactive Solutions servers including data contents.

 

4. Privacy 

The Manyatta Interactive Solutions Privacy Policy sets out our obligations with respect to your personal information and is subject to modification from time to time.

 

5. Account Security

When you apply to use the Services of Manyatta Interactive Solutions, you will be asked to select a login ID and password. The login ID and password are the means through which you access certain services. You acknowledge and agree that it is your responsibility to safeguard the login ID and password you select from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your login ID or password. You are responsible for all activity originating from the account unless proven to be a victim of outside hacking or address forgery.

 

6. Data Storage

Manyatta Interactive Solutions is not responsible for any Customer's personal files residing on ther servers. The Customer is responsible for independent backup of the Customer's data that is stored on Manyatta Interactive Solutions servers.

 

7. Age

By submitting your account application, you confirm that you are over 18 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf.

 

8. Prohibited Conduct

Manyatta Interactive Solutions does not allow the use of unsolicited commercial email or "Spam" to promote products or services. Any Customer engaging in the sending of Spam through the Manyatta Interactive Solutions network or promoting information on websites hosted by Manyatta Interactive Solutions will be considered in breach of this Agreement and suspended from the Service immediately.

Your use of the Service must be in compliance with US laws and laws of your country at all times.

You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, consuming excessive amounts of memory, CPU or bandwidth usage.

The following is a non-exclusive list of content and behavior prohibited by the Service:

  • Content that contains or contains links to: nudity, pornography, adult content, materials with sex or foul language.
  • Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.
  • Content that has been promoted through the sending of unsolicited email (Spam) or mail fraud schemes, or pages that promote or condone the sending of unsolicited email. The sending of bulk email originating from our servers mass distributed to unknown recipients soliciting products or services and/or bulk email NOT originating from our servers mass distributed to unknown recipients soliciting products or services relating to a Manyatta Interactive Solutions account will result in immediate account suspension.
  • Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectable material.
  • Content or otherwise that exploits children under 18 years of age.
  • Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
  • Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.
  • Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.
  • Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.
  • Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any Manyatta Interactive Solutions service, solution or technology.
  • Spawning dozens of processes on the Manyatta Interactive Solutions network.
  • Port scans, ping floods, packet spoofing, forging router information, denial of service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke.

 

9. Limitation of Liability

In no event will Manyatta Interactive Solutions be liable to you for any direct, indirect, incidental or consequential damages or economic loss or liability arising out of the Service or in connection with your website or any other services or products provided to you. Manyatta Interactive Solutions, its owners, directors, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from use of the Service. 

 

10. Force Majeure

Manyatta Interactive Solutions will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay of service provisioning.

 

11. Indemnification

You agree to defend, indemnify and hold Manyatta Interactive Solutions harmless from and against, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses, (including reasonable related expenses, legal fees, costs of investigation) of every nature whatsoever incurred by Manyatta Interactive Solutions by reason of or arising out of or in connection with any breach of this Agreement by you, any infringement of any copyright, trademark, patent, trade secret or any other intellectual propriety right of any party by content on your website or illegal, pornographic, or discriminatory content on your website.

 

12. Reservation of Rights

Manyatta Interactive Solutions reserves the right and sole discretion to:

  • Terminate an account for non-payment of Web Hosting fees or providing fraudulent account information or fraudulent payment information;
  • Review any account for excessive space or bandwidth utilization and to suspend Service to those accounts that exceed allowed levels;
  • Terminate any account if the contents of account website results in, or are the subject of, legal action or threatened legal action, against Manyatta Interactive Solutions or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit;
  • Terminate any account for unsolicited, commercial e-mailing (i.e., Spam); illegal access to other computers or networks; distribution of Internet viruses or similar distructive activities; and other activities whether lawful or unlawful that Manyatta Interactive Solutions determines to be harmful to its other customers, operations or reputation; or for any breach of this Agreement;
  • Terminate or censor any website hosted on its servers that is deemed inappropriate;
  • Temporarily suspend the Service for technical reasons or to maintain network equipment or facilities. 

 

13. Governing Law

The rights and obligations of the parties pursuant to this Agreement is governed by, and shall be construed in accordance with, the laws of the District of Columbia and the federal laws of USA. All disputes arising out of or in connection with this Agreement shall be determined and governed by US Law.

 

14. Entire Agreement

You agree that this Agreement including the policies and agreements it refers to constitute the complete and only Agreement between You and Manyatta Interactive Solutions regarding the Services contemplated herein.

 

Last Updated ( Thursday, 21 June 2007 )
 
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