Make sure you have read this agreement. As soon as you have purchased
one of our plans, you are bound to the following rules and regulations
following is the Myrmid.com (hereby called "myrmid") Terms
of Use (ToU) contract. All users (where "user" and "users"
, which are interchangable in this contract, are both definied as
the person or group who signed up with our services) on the server
are bound to the rules and regulations of this agreement. We have
the right to amend this without notice. Your continued use of our
services is your agreement to any amendments to the ToU. Any changes
made to the ToU regarding the pricing of our services will affect
the customer at the first billing date of the following month after
the amendment has taken place. It is every users responsiblity to
read this page to be aware of any modifications to their contract.
All users are bound to a agreed set of month(s) contract. This agreed
set of month(s) is/are the amount that was entered by the user upon
signing-up for our services via 2checkout.com or PayPal.
2. Inital payment is due along with contract. The
contract between myrmid and user will commence upon the processing
of your information and activation of your service.
2a. For users who decide to pay by money order
or check and send via snail mail, all payments for any following
month must be received by the day that the users contract is supposed
to be renewed (not postmarked) or an automatic suspension will occur
until the money order or check has been received. Also, suspensions
will occur to money orders and checks that cannot be cashed due
to any reason deemed by myrmid's bank company.
Users who decide to pay via 2checkout or PayPal(i.e. credit card),
2checkout or PayPal will automatically bill the user's credit card
every month. If user's card is refused in any sort and payment not
received by myrmid before the day the user's contract is supposed
to be renewed, the services of the user will be suspended until
sufficient funds are received. Please be aware that we are not responsible
for any errors that 2checkout or PayPal may occur upon your transaction.
Any credit card billing errors and disputes need to be addressed
with 2checkout or PayPal rather than myrmid.
SUSPENSIONS VIA BILLING: Are given for the reasons explained in
2, 2(a), and 2(b) above. The suspension will last a maximum of 15
days and then terimation of the user's account will occur. Exceptions
may be made to increase this length of time, but only at the discretion
of myrmid. In this case, we have the right to terminate the user
account at any time.
4. myrmid deserves the right to accept or decline
any user requests for services without any reason. An order will
be deemed accepted by myrmid when confirmation of the order is sent
to user via e-mail or snail mail. Any refusal of service will be
acknowledged to the user via e-mail or snail mail upon the decision
This agreement will automatically renew every successive billing
period unless the user has sent a request to us in writing to modify
or cancel the account prior to the date in which the contract is
supposed to be renewed. Renewal of services by client indicates
agreement to contract revisions.
myrmid shall not be liable for any taxes or other fees to be paid
in accordance with or related to purchases made from client or myrmid
servers. User agrees to take full responsibility for all taxes and
fees of any nature associated with such products sold.
Material and Products
myrmid is a hosting and web design company, but NOT a domain host.
Therefore, myrmid will not be responsible for any domain name(s)
resolving delays, copyright infringement of domain name(s) by the
user. The only control myrmid has over domain names are the nameservers,
which myrmid runs.
user will provide myrmid with material and data in a condition that
is "server-ready", which is in a form requiring no additional
manipulation on the part of myrmid, who shall make no effort to
validate this information for content, correctness or usability.
3. Use of the myrmid service requires a certain
level of knowledge in the use of internet languages, protocols,
and software. This level of knowledge varies depending on the anticipated
use of desired content of server space by the user.
4. Although myrmid has technical support available
to the user, user agrees myrmid has no definite obligation to answer
questions that the user sends to technical support. This should
be a rare occurance, or the result of e-mail not being received
by myrmid technical support.
CONTENT: myrmid has a very strict policy toward illegal content
(defined as files that are against the myrmid policy or files that
use a large amount of CPU time and/or bandwidth) and copyright infrigment.
myrmid tech actively checks the FTP files of every single user at
random times. During this random search period, if the tech finds
any files that are deemed to be illegal, the user account(s) will
be suspended with a e-mail regarding the files in question. We are
welcome to any disputes against our myrmid tech, but remember all
final decisions are made final. In most cases, we will reactivate
your account after you manually delete the file in your account(s).
myrmid does not assume responsiblity of any content
that is being passed through the network or on the users domain(s).
myrmid makes no warranties or guarantees of any kind, whether expressed
or implied for the service it is providing. myrmid also disclaims
any warranty of merchantability or fitness for particular purpose
and will not be responsible for any damages that may be suffered
by the user, including loss of data resulting from delays, non-deliveries
or service interruptions or gaps by any cause or errors or omissions
of the users. myrmid is not responsible for any loss, erasure, or
corruption of user data or files whatsoever. Use of any information
obtained by way of myrmid is at the customer's own risk, and myrmid
specifically denies any responsibility for the accuracy or quality
of information obtained through its services.
5a. A typical list of files that are deemed illegal,
but are not limited to, are the following:
- Copyrighted files such as music (MP3s, WAVs),
images, and video files. Site will be automatically suspended and
user asked to remove files to reoperate site again.
- ROMs: files which are usually for video game
emulators. This is a STRICTLY ENFORCED RULE. NO EXCEPTIONS - Files
which are stolen off another server and/or owned by another person
without his/her written consent. In this case, the person will usually
e-mail us telling that one of our users have stolen files. We will
question the user(s) that are affected and a final decision will
be ruled. A hearing may take place between the two parties, but
any decision ruled by myrmid will be FINAL. NO EXCEPTIONS
- Any files that hinder the use of other myrmid
users and files that slow down our server entirely.
Reiterated, myrmid does not assume repsonsibility or liability of
our users content.
Trademarks and Copyright
user warrants that it has the right to use the applicable trademarks,
if any. This means text or binary data that is copyrighted (examples
include commercial software, copyrighted MP3 files or movies, or
copyrighted content taken from another site without permission).
myrmid makes no representations, warranties or assurances that the
client's equipment will be compatible with the myrmid service.
All users certify that they are at least 18 years of age by agreeing
to our ToU. If you are a minor (under 18), please ask for your parent
or guardian for permission to use our services. All users who send
their credit cards, money orders, and checks certify their validity
as well as that it is signed by someone at least 18 years old.
Internet Etiquette and Policy
The network resources of myrmid may not be used to impersonate another
person or misrepresent authorization to act on behalf of others
or myrmid. All messages via myrmid should correctly identify the
sender; users may not alter the attribution of origin in electronic
mail messages or postings. users may not attempt to undermine the
security or integrity of computing systems or networks and must
not attempt to gain unauthorized access to said networks. user's
may not use myrmid for mass e-mail or "spamming" purposes.
1a. Accessing other files that are not owned by
the user may result in asuspension. If the user happens to alter
another users file or the files of the myrmid system, the user will
be prosecuted to the fullest extent of the law and all damages the
user occurs on myrmid will be fully liable.
1b. SPAM is not tolerated on our server. For each
SPAM message that is sent via our network, a $100 fine will be assessed
to the user.
2. myrmid may impose reasonable rules and regulations
regarding the use of its services. user shall impose such rules
and regulations on his account to the extent necessary to ensure
3. myrmid services may not be used for illegal
purposes, or in support of illegal activities. myrmid reserves the
right to cooperate with legal authorities and/or injured third parties
in the investigation of any suspected crime or civil wrong. Activities
which are prohibited as potentially illegal include, but are not
Unauthorized copying of copyrighted material including, but not
limited to, digitization and distribution of photographs from magazines,
books, or other copyrighted sources, and copyrighted software. ·
Posting or e-mailing of scams such as 'make-money-fast' schemes
or 'pyramid/chain' letters. · Threatening bodily harm or
property damage to individuals or groups. ·Making fraudulent
offers of products, items, or services originating from users' server(s).
·Harassing others by 'mail-bombing'. 'Mail-bombing' constitutes
sending more than ten (10) similar mail messages to the same e-mail
address. · Forging any message header, in part or whole,
of any electronic transmission, originating or passing through myrmid.
· Distributing viruses to or from myrmid. · Bulk e-mail
sent through a mail service external to our network can not contain
an e-mail address or a domain name that is owned by myrmid. This
generally results in complaints being forwarded to our administrative
staff and will be cause for immediate account termination or suspension
without prior notification.
This agreement may be terminated by myrmid, without cause, by giving
the other party 3 days notice via e-mail. myrmid may terminate the
service under this agreement at any time, without penalty, if the
user fails to comply with the terms of this agreement. It is the
user's responsibility to point your domain(s) to another service
provider upon termination, cancellation or discontinuation of service.
1. user expressly agrees that use of myrmid is
at user's sole risk. Neither myrmid, its employees, agents, resellers,
third party information providers, merchants licensers or the like,
warrant that myrmid network service will not be interrupted or be
error free; nor do they make any warranty as to the results that
might be obtained from the use of myrmid service or as to the accuracy,
or reliability of any information service or merchandise contained
in or provided through the myrmid service, unless otherwise expressly
stated in this agreement.
Under no circumstances, including negligence, shall myrmid, its
officers, agents or any one else involved in creating, or distributing
myrmid service be liable for any direct, indirect, incidental, special
or consequential damages that result from the use of or inability
to use the myrmid network service; or that results from mistakes,
omissions, interruptions, deletion of files, errors, defects, delays
in operation, or transmission or any failure of performance, whether
or not limited to acts of God, communication failure, theft, destruction
or unauthorized access to myrmid records, programs or services.
user hereby acknowledges that this paragraph shall apply to all
contents on myrmid's service.
user agrees that you shall defend, indemnify, save and hold myrmid
harmless from any demands, liabilities, losses, costs and claims,
including reasonable attorneys fees, ("Liabilities") asserted
against myrmid, its agents, its customers, servants officers and
employees, that may arise or result from any service provided or
performed or agreed to be performed or any product sold by user,
your agents, employees or assigns. user agrees to defend, indemnify
and hold harmless myrmid against liabilities arising out of (i)
any injury to person or property caused by any products sold or
otherwise distributed in connection with myrmid; (ii) any material
supplied by user infringing or allegedly infringing on the proprietary
rights of a third party; (iii) copyright infringement and (iv) any
defective product which user sold on through myrmid.
1. If any provision of this agreement is held to
be invalid by a court of competent jurisdiction, then the remaining
provisions shall nevertheless remain in full force and effect. myrmid
and user agree to renegotiate in good faith any term held invalid
and to be bound by mutually agreed substitute provision.