Terms of Service

1. Charges, Payments, and Taxes

a. Charges

The Company's fees and charges are set forth in the applicable Plan information and the Master Services Agreement. MythicalHost’s fees and charges may be changed by MythicalHost from time to time upon reasonable notice to the Customer. The Customer may be billed for Services, Equipment costs (including shipping), installation fees, taxes and other recurring charges, in advance. However, usage charges, termination charges and other charges may be billed in arrears, as MythicalHost shall determine. Based on the fees set forth in the Plan, the Customer is responsible for paying the first and last months of service in advance.

b. Late Fees

Amounts that are posted to the Customer's account will be deemed late if not paid within 5 days from the date of posting and will bear interest at the greater of the rate of 5% per week or the maximum rate allowed by law.

c. Assurances

If in its reasonable judgment MythicalHost determines that Customer is not creditworthy or financially secure, MythicalHost may require full payment in advance or other assurances to secure Customer’s payment obligation hereunder.

d. Taxes.

MythicalHost may invoice and the Customer shall pay all taxes, fees or assessments and other charges imposed on or required to be collected by MythicalHost by any governmental agency that may result from this Agreement, or any of the activities contemplated hereunder. Customer shall also be responsible for paying all taxes, fees or assessments and other charges imposed on Customer by any governmental agency that may result from this Agreement, or any of the activities contemplated hereunder.

2. Acceptable Usage Policy

Customer and its employees are subject to this Usage Policy, and by virtue of using MythicalHost’s Services, agree to be bound by this Usage Policy. MythicalHost will revise this Usage Policy from time to time and notify the Customer of changes via email. A Customer’s use of the Services after notice of revisions to the Usage Policy will constitute such person's acceptance of any changes or additions to the Usage Policy. Subscribers violate this Usage Policy when they (or their affiliates or customers) engage in the following prohibited activities.

3. Our Policies:

a. MythicalHost’s customers, or any user of bandwidth and/or services on its network (herein described as 'users') are prohibited from sending UBE/UCE. Users may be asked to produce records that verify that explicit affirmative permission was obtained from a recipient before a mailing was sent. MythicalHost may consider the lack of such proof of explicit affirmative permission of a questionable UBE/UCE at its sole discretion.

b. MythicalHost’s customers are prohibited from maintaining open mail relays on their servers. Ignorance of the presence or operation of an open mail relay is not and will not be considered an acceptable excuse for its (the open mail relay) operation. Multiple infractions of this policy will result in a discontinuation of service.

c. MythicalHost’s customers will be notified in the event that their sites are in violation of the above policy. Again, failure to rectify such situations may be cause for termination of service.

d. MythicalHost’s customers are prohibited from providing hosting services for websites that have been included in UBE/UCE. Hosting includes, but is not limited to, hosting website(s), providing DNS services as well as website redirect services.

e. Valid complaints received by MythicalHost will be forwarded to the Customer for a response and resolution. If within twenty-four (24) hours there is no response, MythicalHost may block traffic to and from the IP address involved in the UBE/UCE complaint until the problem is resolved and preventative measures have been implemented to prevent the violation from recurring. All users are responsible for maintaining a working email contact and updating that information with MythicalHost when it changes.

f. If MythicalHost receives repeat complaints indicating that a problem has not been resolved, MythicalHost reserves the right to suspend and/or cancel any and all services provided to the user after a notification of no less than two (2) hours. MythicalHost will then forward mail to the company directly, bypassing the spam filter. To report an incidence of abuse, please email abuse@mythicalhost.com.

4. Misrepresentation of Transmission Information

Misrepresentation of Transmission Information Forging, misrepresenting, omitting or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited.

5. Viruses and Other Destructive Activities

Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for Customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.

6. Hacking "Hacking" and related activities is prohibited.

"Hacking" includes, but is not limited to, the following activities: illegally or without authorization accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans and other activities designed to assist in hacking.

7. Export Control Violations

The exportation of encryption software outside of the United States and/or violations of United States law relating to the exportation of software is prohibited

8. Child Pornography

The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. MythicalHost is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services.

9. Other Illegal Activities

The use of the Services to engage in any activities that are determined by MythicalHost, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable online privacy laws. MythicalHost will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services.

10. Obscene, Defamatory, Abusive or Threatening Language

Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited.

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