PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE CONTINUING TO USE ANY PORTION OF THIS WEBSITE. BY USING THIS OR ANY WEBSITE OWNED OR CONTROLLED BY MIVNET, LLC (THE WEBSITE), OR SUBMITTING ANY INFORMATION TO MIVNET, LLC (US OR OUR), YOU INDICATE YOUR ACCEPTANCE OF, AND AGREE TO BE BOUND BY, THE TERMS AND CONDITIONS SET FORTH BELOW (THE AGREEMENT). IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH BELOW, YOU MUST EXIT THIS WEBSITE IMMEDIATELY. IMPORTANT NOTE: THIS AGREEMENT IS UPDATED OFTEN. PLEASE MAKE A HABIT OF REVIEWING IT FROM TIME TO TIME TO STAY ABREAST OF ACCEPTABLE AS WELL AS INAPPROPRIATE USES OF YOUR MIVNET.COM ACCOUNT. REPORTS OF ACTIVITY IN VIOLATION OF THIS AGREEMENT MAY BE SENT VIA E-MAIL.
TERMS AND CONDITIONS
1.1. This Agreement constitutes your agreement with Us with respect to your use of the Website. You must agree to abide by all of the terms and conditions in this Agreement to continue viewing or using the Website. Through your continued use of the Website you represent and warrant that you are at least eighteen (18) years old. If you are not eighteen years old you may not use the Website.
1.2. We reserve the right to change, modify, add, or remove any portion of this Agreement, in whole or in part, at any time in Our sole and absolute discretion. It is important for you to refer to this Agreement from time to time to make sure that you are aware of any additions, revisions, or modifications that We may have made to this Agreement. Your continued use of the Website after any changes are made to this Agreement shall be deemed your acceptance of the changes.
- Site Content and Information; Features.
2.1. The Website contains information, text, and materials (collectively, the Materials) that are provided for your convenience and enjoyment. Some of the Materials are provided by third parties. You should be aware that the Materials might contain errors, omissions, inaccuracies, outdated information, and inadequacies and that the Materials may be subject to terms and conditions which may be found on a website or in the documents and policies of third parties. In the event of a conflict between the terms and conditions of this Agreement and the terms and conditions which may be found on a website or in the documents and policies of third parties, the terms of this Agreement shall control. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Materials and shall not be liable for any lack of the foregoing.
2.2. Permission is hereby granted for you to electronically copy and to print in hard copy portions of this Website for the sole purpose of using the Website. Any other use of the Materials on this Website, including reproduction for purposes other than those listed above, modification, distribution, or republication without prior written permission of MIVNET is strictly prohibited. All figures, characters, names, places, pictures, etc. used for illustrative examples are for demonstration purposes only and should not be considered actual or real.
2.3. Third party advertisers may offer goods, services and other materials to you on the Website. Your correspondence and business dealings with such third party advertisers found on or through the Website including, but not limited to, the payment and delivery of goods and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and the advertiser. You agree that We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or the offering of such goods, services, and other Materials on the Website.
2.4. Descriptions of, or references to, products or publications within the Website do not imply endorsement of that product or publication.
2.5. The views and opinions expressed within the Website do not necessarily reflect those of MIVNET.
2.6. We do not represent or warrant that every action you take with regard to your account and related activities on the Website shall be lawful in any particular jurisdiction. It is incumbent upon you to know the laws that pertain to you in your jurisdiction and act lawfully at all times when using the Website.
3. Copyright; Trademark.
3.1. The Website is protected by copyright pursuant to U.S. copyright laws, international conventions and other copyright laws. All materials contained on the Website are protected by copyright and are owned or controlled by Us or the party credited as the provider of the content. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any part of the Website. Copying or storing any part of the Website is expressly prohibited without prior written permission from Us or the copyright holder as identified on the Website.
3.2. We own many trademarks (the Trademarks). You agree not to delete any Trademark or similar notice from any contents that you obtain from the Website. Any questions concerning the use of Trademarks should be referred to Us in accordance with the section captioned Notices below.
3.3. We have the exclusive legal right to use the MIVNET trademark and logos.
3.4. All other products and company names mentioned on the Website may be trademarks of their respective owners.
4. Changes to the Website; Usage.
4.1. We may change, suspend or discontinue any aspect of the Website at any time. We may also impose limits on certain features and services or restrict access to parts of or the entire Website without notice or liability.
4.2. Any violation of such rules, regulation, and policies shall be cause for MIVNET to suspend or terminate your use of the Website. MIVNET reserves sole and absolute discretion to determine whether any use of the Website is a violation of this Agreement and to terminate your account or use of the Website without notice. We may also suspend the account, restrict access to it, or remove content from it if necessary or appropriate. We prefer to advise customers of inappropriate behavior and any necessary corrective action. However, flagrant violations of this Agreement shall result in immediate termination of your use of or access to the Website. Our failure to enforce this Agreement, for whatever reason, shall not be construed as a waiver of Our right to do so at any time. This information is only a guideline, and is not intended to be all-inclusive.
4.3. You are responsible for use of the Website, even if the inappropriate activity was committed by a friend, family member, guest, or employee using your computer. Therefore, you must take steps to ensure that others do not gain access to your computer. In addition, you may not breach security or attempt to gain unauthorized access to another network or server. You must adopt adequate security measures to prevent or minimize unauthorized use of the Website by those using your computer. You may not attempt to circumvent user authentication or security of MIVNET. This includes, but is not limited to, attempting to access data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing or disrupting the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. Users who violate systems or network security may incur criminal or civil liability. MIVNET shall cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
4.4. Without limitation, you may not use the Website to:
4.4.1. Transmit obscene materials;
4.4.2. Intentionally spread or threaten to spread computer viruses;
4.4.3. Gain or attempt to gain unauthorized access to any network, including MIVNET's private network infrastructure;
4.4.4. Access or attempt to access information not intended for you; or
4.4.5. Transmit pirated software.
4.5. If complaints are received regarding language, content, or graphics relating to your use of the Website, MIVNET may, at its sole and absolute discretion, terminate your use of the Website.
4.6. You may not use the Website to publish material that MIVNET determines, at its sole and absolute discretion, to be unlawful, indecent, or objectionable. For purposes of this Agreement, "material" refers primarily to photographs, but also extends to cover all forms of communication that MIVNET may allow, including narrative descriptions, other graphics (including illustrations, images, drawings, and logos), executable programs, video recordings, and audio recordings. Unlawful material is that which violates any law, statute, treaty, regulation, or order. This includes, but is not limited to: obscene material; defamatory, fraudulent, or deceptive statements; threatening, intimidating, or harassing statements, or material that violates the privacy rights or property rights of others (copyrights or trademarks, for example). Indecent material is that which depicts sexual or excretory activities in a patently offensive matter as measured by contemporary community standards. Objectionable material is otherwise legal material with which MIVNET concludes, in its sole and absolute discretion, it does not want to be associated with in order to protect its reputation and brand image, or to protect MIVNET's employees, shareholders and affiliates. This includes, but is not limited to, all material that, in the sole and absolute discretion of MIVNET, is determined to be advertising or otherwise for commercial purposes, unless expressly permitted in writing by MIVNET. Objectionable material may include, without limitation:
4.6.1. Materials that depict or describe scantily-clad and lewdly depicted male and/or female forms or body parts, and which lack serious literary, artistic, political or scientific value;
4.6.2. Materials that suggest or depict obscene, indecent, vulgar, lewd or erotic behavior, and which lack serious literary, artistic, political or scientific value;
4.6.3. Materials that hold MIVNET including MIVNET's affiliates, employees or shareholders up to public scorn or ridicule; or
4.6.4. Materials that encourage the commission of a crime; or which tends to incite violence; or which tends to degrade any person or group based on sex, nationality, religion, color, age, marital status, sexual orientation, disability or political affiliation.
4.6.5. You may not use screen scraping or other automated data mining type programs (a.k.a. spiders, crawlers, web bots, or bots) to systematically access and extract data from the Website.
5.1. The Website contains hyperlinks to other World Wide Web sites (the Other Sites). If you use the hyperlinks to access these Other Sites, you shall leave the Website and your browser shall be re-directed to the Other Sites. We have not reviewed the content of any Other Site, and do not guarantee any Other Sites accuracy or authenticity. The hyperlinks to Other Sites do not constitute an endorsement by Us of any third party sites or resources, or their content. We are only providing these links to you as a convenience, and the inclusion of any link does not imply endorsement by Us of the Other Site.
5.2. Any Other Site that links to the Website:
5.2.1. Shall not create a browser or border environment around any of the content of the Website;
5.2.2. May link to, but not replicate, Our content;
5.2.3. Shall not imply that We are endorsing or sponsoring the Other Site or the Other Sites products;
5.2.4. Shall not present false information about Us or Our products or services;
5.2.5. Shall not use Trademarks without the prior written permission from Us; and
5.2.6. Shall not contain content that could be construed as distasteful, offensive, or controversial.
5.3. Notwithstanding anything to the contrary contained in this Agreement, We reserve the right to deny permission to link the Website to any other website for any reason in Our sole and absolute discretion.
6. Notice Specific to Documents Available on Our Website.
6.1. Permission to use documents like press releases, new stories, and FAQs from the Website (the Documents) is granted provided that:
6.1.1. The copyright notice below appears in all copies and that both the copyright notice and this permission notice appear;
6.1.2. Use of such Documents is for informational and non-commercial or personal use only and shall not be copied or posted on any network computer or broadcast in any media; and
6.1.3. No modifications of the Documents are made.
6.2. Elements of the Website including, but not limited to, the look and feel, are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Website may be copied or retransmitted unless expressly permitted by MIVNET.
7. Digital Millennium Copyright Act Infringement Claims.
7.1. We respect the rights of all copyright holders and in this regard We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide MIVNET’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Â§ 512:
7.1.1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
7.1.2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
7.1.3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Us to locate the material;
7.1.4. Information reasonably sufficient to permit Us to contact the complaining party;
7.1.5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
7.1.6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7.2. MIVNET’s copyright agent for notice of claims of copyright infringement on or regarding the Website can be reached as follows: National Registered Agents, Inc. 515 East Park Avenue, Tallahassee, FL 32301.
8.1. THE WEBSITE AND EVERYTHING ELSE PROVIDED TO YOU BY US, INCLUDING ALL CONTENT, SOFTWARE, DOCUMENTS, FUNCTIONS, MATERIALS, GRAPHICS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE WEBSITE, ARE PROVIDED “AS IS”. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MIVNET MAKES NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER ABOUT:
8.1.1. THE WEBSITE AND EVERYTHING ELSE PROVIDED TO YOU BY US;
8.1.2. THE ACCURACY, COMPLETENESS, OR APPROPRIATENESS FOR A PARTICULAR PURUPOSE OF THE CONTENT ON AND PROVIDED THROUGH THE WEBSITE;
8.1.3. THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEBSITE;
8.1.4. THE MATERIALS, MESSAGES AND INFORMATION SENT FROM THE WEBSITE BY USERS;
8.1.5. ANY PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES OR HYPERTEXT LINKS TO THIRD PARTIES; AND
8.1.6. ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE.
8.2. FURTHER, MIVNET DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. MIVNET DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY MIVNET INCLUDING THOSE CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN SHALL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS SHALL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVERS THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MIVNET SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
8.3. MIVNET DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE WEBSITE ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE WEBSITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE WEBSITE.
9. LIMITATION OF LIABILITY; INDEMNITY.
9.1. UNDER NO CIRCUMSTANCES SHALL MIVNET BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE ANYTHING PROVIDED BY MIVNET, OR THE PERFORMANCE OF, THE WEBSITE, EVEN IF MIVNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION. IN NO EVENT SHALL MIVNET’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100.00).
9.2. You agree to indemnify and hold harmless MIVNET, MIVNET's officers, employees, owners, representatives, agents, subsidiaries, affiliates, officers, partners, suppliers, and licensors (hereinafter individually, and collectively referred to as Indemnitees) from and against any claims, demands, penalties, fines, liabilities, attorneys™ fees, court costs, legal expenses and causes of action Indemnitees may incur, in any way, directly or indirectly, incident to, arising out of, in connection with or resulting from (I) your use of the Website or anything else provided to you by an Indemnitee, and (ii) any unauthorized representation, warranty or agreement or any misrepresentation, express or implied, made by you with respect to the Website (hereinafter individually, and collectively referred to as a Claim). MIVNET shall be entitled to assume and control the reasonable defense and settlement of any Claim. You shall provide reasonable cooperation and assistance in defending against any Claim.
10. Governing Law.
This Agreement and the interpretation of its terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflicts of laws rules.
11. Jurisdiction, Venue and Arbitration.
11.1. To the extent that an action in a court is proper pursuant to this Agreement, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the Florida state courts in Mi for Broward County, Florida and the Federal Courts in and for the Southern District of Florida. This grant of exclusive jurisdiction shall not be applicable to the entering of a judgment upon the award rendered by an arbitrator.
11.2. Notwithstanding anything to the contrary contained in this Agreement, any controversy or claim arising out of or relating to this Agreement, or the breach of this Agreement, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction over a party.
11.3. The parties waive all rights to trial by jury in any action or proceeding instituted in connection with this Agreement. The parties agree not to raise the defense of forum non conveniens.
Local and foreign laws add prohibitions against discrimination based on age, parental status, sexual orientation, political ideology, financial status, and perhaps other basis. Please check with your local government agency for more information. Our Website shall not knowingly accept any advertisement which is in violation of the law.
You shall not use MIVNET’s name or any language, pictures or symbols which could, in MIVNET’s judgment, imply MIVNET’s endorsement in any (i) written or oral advertising or presentation, and/or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
14. Force Majeure.
We shall not be liable for any delay in performing Our obligations under this Agreement, if such delay is caused by circumstances beyond Our reasonable control including, without limitation, any delay caused by any act or omission of the other party, acts of God, war, floods, windstorm, labor disputes, or delay of essential materials or services.
15.1. Whenever under the provisions of this Agreement you are required or permitted to give notice to MIVNET, you shall give the notice in writing. It shall be deemed given either when delivered personally, or by courier, or three (3) days after mailing, postage prepaid by registered or certified mail, return receipt requested, addressed to MIVNET, at the following address
PO Box 650098
Vero Beach, FL 32965-0098
15.2. Whenever under the provisions of this Agreement MIVNET is required or permitted to give notice to you, MIVNET may send an e-mail to the address provided by you when you registered with the Website. If you have not provided an accurate e-mail address or if you have not registered with the Website, MIVNET may send a notice to you in any reasonable way.
MIVNET Connect User and Terms of Service Agreement
1. YOUR RESPONSIBILITIES AS A MIVNET USER; LICENSE TO YOUR CONTENT
You are responsible for the content of all visual, written or audible communications and any other material ("Content") used in connection with your account. MIVNET will not be liable to you or any others for any loss or damages due to your use of the Service. You agree to indemnify, defend and hold harmless MIVNET from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys' fees) arising from your violation of this Section
You agree not to upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise deemed objectionable by MIVNET.
You agree not to upload, post, email, or transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letter," "pyramid schemes," "affiliate links" or any other form of solicitation.
You agree not to upload, post, email, transmit or otherwise make available any Content that violates copyright, trademark or other laws protecting intellectual property or that violates an individual's publicity or privacy rights.
You agree not to upload, download, transmit or otherwise make available any code or material that harms or interferes with any device, software, network or service.
You agree not to violate any laws or regulations in your state or country (including but not limited to laws governing intellectual property rights, online conduct or online content).
You agree that you have all the rights, licenses and permissions from third parties to use, reproduce, publish and display Content belonging to others.
MIVNET has no control over, and is not responsible for, the privacy of any Content that you have shared with others so always use caution when giving out any personally identifiable or sensitive information.
Other than pursuant to a separate agreement with MIVNET, you may not market, distribute and/or sell the Services to any distributor, reseller, OEM customer or other third party that will engage in the promotion thereof or solicitation of sales therefore.
You may be required to download and install MIVNET Connect software ("Software"). In that event, MIVNET agrees to provide you with a limited, personal, nonexclusive, non-transferable and non-sublicensable license to use the Software in accordance with the terms of this Agreement you may not use the Software for anything other than as intended by MIVNET in connection with your use of the Service.
You may not use the Software with any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by copyright laws. All rights not expressly granted by MIVNET are hereby reserved. You agree not to take any action to interfere with MIVNET's or any of its suppliers' ownership of or rights in the Software. You agree that, unless otherwise permitted in this license or by law, you will not: (i) reproduce, republish, display, frame, download, distribute or transmit the Software; (ii) redistribute, encumber, sell, rent, lease, loan, sublicense, assign or otherwise transfer rights to the Software; (iii) modify or create any derivative works based on the Software, including customization, translation or localization; (iv) copy, reproduce, reuse in another product or service, modify, alter or display in any manner any software or files or parts thereof included as part of the Software; (v) except to the extent expressly permitted under applicable law, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code of the Software or in any way ascertain, decipher or obtain the communications protocols for accessing the Software or the underlying ideas or algorithms of the Software; (vi) create or use any software other than as authorized by MIVNET to access the Software; (vii) attempt to gain unauthorized access to the Service or the Software or to any account, application, platform, computer system or network associated with the Service or Software; (viii) use the Service or Software in any way that violates this Agreement or any other agreements between you and MIVNET or any law; and (ix) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the Software or associated with the Service.
Notwithstanding the provisions of the previous paragraph, you understand that the Software contains or is distributed with certain third party computer programs that are publicly available, that are distributed as part of the Software and for which the source code is written by persons or entities other than employees of MIVNET or contractors under the direction of MIVNET (the "Public Software"). The Public Software is distributed by MIVNET "AS IS" and without warranty of any kind. The Public Software and the terms under which it was obtained by MIVNET are listed at http://www.MIVNET.com/legal/opensource.pdf
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE AND DISTRIBUTION OF ANY SUCH PUBLIC SOFTWARE IS SUBJECT TO THE TERMS OF THE APPLICABLE PUBLIC SOFTWARE LICENSE(S) AND THAT YOU ARE RESPONSIBLE FOR YOUR COMPLIANCE WITH THE TERMS OF SUCH PUBLIC SOFTWARE LICENSE(S). YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, PRIOR TO USING THE PUBLIC SOFTWARE FOR ANY OTHER PURPOSE, AND IN ANY CASE BEFORE COPYING, MODIFYING, OR DISTRIBUTING ANY PUBLIC SOFTWARE, YOU WILL CONFIRM THAT YOU HAVE ALL NECESSARY RIGHTS AND PERMISSIONS TO DO SO FROM THE APPLICABLE THIRD PARTY LICENSOR (THE "LICENSOR"), WHICH CONFIRMATION MAY INCLUDE OBTAINING A SEPARATE LICENSE FROM THE LICENSOR EXPRESSLY AUTHORIZING YOU TO DO SO.
3. AVAILABILITY OF SERVICE.
The Service may not be available in all countries and it may not be available for use in any particular location. You are responsible for following the laws in your state or country. MIVNET may make modifications to its features or any services to comply with laws and regulations. MIVNET owns all the proprietary rights and interests in the Service.
4. SUSPENSION OF TERMINATION OF YOUR ACCOUNT.
You agree that MIVNET may suspend or terminate your access to the Service without notice if: (a) MIVNET determines that you have violated this Agreement or (b) MIVNET is required to do so by any court or government authority in any country.
MIVNET may, upon such termination, deactivate or delete your account and any related data, information and files and bar any further access to such data, information and files. Such action may include, among other things, accessing your Content or data and/or discontinuing your use of the Service without refund or compensation.
You agree that MIVNET has no obligation to monitor your use of the Service but has the right to do so to ensure your compliance with this Agreement or to comply with any law, order or requirement of any court or government authority in any country.
You agree to comply with this Agreement even after you are no longer using the Service.
5. SERVICE FEES AND PAYMENT.
If You have registered to host a meeting on your own account and/or need to purchase credits for a meeting, then You agree that MIVNET may charge your credit card or bill you for all amounts due and owing for your use of the Service. You agree to notify MIVNET in writing of any disputed fees within fifteen (15) days from the date that your account is charged. MIVNET may suspend the Service for nonpayment of undisputed fees. MIVNET is entitled to recover a reasonable amount expended in connection with the collection of fees not paid when due. You agree to pay any taxes or governmental charges charged for your use of the Service. MIVNET may discontinue the Service or change the fees for the Service (including adding and deleting features) without notice.
6. NO WARRANTIES.
To the maximum extent permitted by applicable law, you agree to use the Service at your own risk. You agree that MIVNET and its suppliers, resellers and affiliates will not be responsible for any harm to any device, any loss of data or any other harm that results from your use of the Service. MIVNET AND ITS SUPPLIERS, RESELLERS AND AFFILIATES DO NOT GUARANTEE THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE WITHOUT WARRANTIES OR CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY. MIVNET AND ITS SUPPLIERS, RESELLERS AND AFFILIATES DO NOT MAKE ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, QUIET ENJOYMENT OR NONINFRINGEMENT. THE LAWS OF CERTAIN STATES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.
7. LIMIATION OF LIABILITY.
YOU AGREE THAT MIVNET, AND ITS SUPPLIERS, RESELLERS AND AFFILIATES WILL NOT BE LIABLE TO YOU OR ANY OTHERS FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE EVEN IF MIVNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF MIVNET AND ITS SUPPLIERS, RESELLERS AND AFFILIATES TO YOU FOR ANY CLAIM WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO MIVNET FOR THE SERVICE IN THE PREVIOUS TWELVE (12) MONTHS PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO SUCH CLAIM EVEN IF ANY REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. THE LAWS OF CERTAIN STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS THAT VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.
8. CHANGES TO THIS AGREEMENT.
MIVNET may change the terms of this Agreement and recommends that you review them on a regular basis. If MIVNET makes a change to the terms, it will post the revised Agreement on its website. You agree that your continued use of the Service after this Agreement has been changed means that you have agreed to the changed terms.
9. OTHER LEGAL TERMS.
9.1 Sometimes when you use the Service, you may also use a service or purchase goods provided or offered by another person or company. Your use of these other services or goods may be subject to separate terms between you and the company or person concerned, and you agree that MIVNET shall have no liability or obligation relating to those services or goods.
9.2 You agree to comply with all laws and regulations in connection with your use of the Service, including but not limited to: (a) with respect to personally identifiable information sent or received by you, all privacy laws and regulations, (b) laws relating to the recording of communications, including, when required, advising all participants (i) in a recorded MIVNET meeting or event that the meeting or event is being recorded and/or (ii) that Content or personal information is being transferred outside the European Economic Area, and (c) laws relating to the use of VoIP-based services. It is your responsibility to ensure that you have the right to use the Service where you are located as well as where your meeting invitees are located. You agree that the use of MIVNET is subject to U.S. and local export control laws and regulations. You represent that you are not a citizen of an embargoed country or a prohibited end user under applicable U.S. or local export and anti-terrorism laws, regulations and lists. You agree not to export, re-export, divert, transfer or disclose any portion of the Service or any related technical information or materials, directly or indirectly, in violation of any applicable export law or regulation.
9.3 This Agreement, including the documents referred to in this Agreement, constitutes the entire agreement regarding the Service and completely replaces any prior agreements. MIVNET may assign or delegate its obligations under this Agreement either in whole or in part without your prior consent.
9.4 Neither party will be responsible for failure of performance due to causes beyond its control such as accidents of God, labor disputes, shortage of materials, acts of terrorism, denial of service attacks or unauthorized network intrusions or the stability or availability of the Internet or a portion of the Internet.
9.5 You agree that if MIVNET does not exercise or enforce any legal right or remedy which is contained in this Agreement, this will not be taken to be a formal waiver of MIVNET's rights and that those rights or remedies will still be available to MIVNET.
9.6 If for any reason, a provision of this Agreement is held to be invalid, the remaining provisions will continue to be valid and enforceable.
9.7 This Agreement shall be governed by the laws of the State of Florida without regard to its conflict of laws provisions; any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to this Agreement shall be brought exclusively in the courts located in the County of Indian River. You and MIVNET agree to submit to the personal jurisdiction of the courts located within the County of Indian River, FL and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
9.8 If you believe that MIVNET or any user of MIVNET has violated a copyright, please contact us for details on how to properly notify us of a potential copyright infringement or other intellectual property rights issue.
Whenever under the provisions of this Agreement, notice is required or permitted to be given, it shall be in writing, in English, and shall be deemed effective either when delivered: (i) personally; (ii) by courier (either messenger service, FedEx, UPS or DHL; or (iii), by registered or certified mail with postage prepaid, return receipt requested. Notwithstanding anything to the contrary set forth in this Agreement, notices delivered on a Saturday, Sunday or legal holiday at the recipients location shall be effective on the next business day at the recipients location. To be effective, all notices must be addressed to the party for whom the notice is intended or to such other addresses as a party shall hereafter designate in writing to the other party.
This Agreement contains the sole and entire agreement between the parties with respect to the use of the Website and supersedes any and all other prior written or oral agreements between them. Captions contained in this Agreement are inserted only as a matter of convenience or for reference and in no way define, limit, extend, or describe the scope of this Agreement or the intent of any provision of this Agreement. It is the intent of the parties that neither this Agreement, nor any covenant in this Agreement, shall be construed against either party pursuant to the common law rule of construction against the drafter. It is the intent of the parties that said rule not be applicable to this Agreement. The parties waive all rights to trial by jury in any action or proceeding instituted in connection with this Agreement. If any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction or as a result of future legislative action, such holding or action shall be strictly construed and shall not affect the validity or effect of any other provision of this Agreement.
Last Revised 01-01-2017
If to Subscriber:
If to MIVNET:
With a copy to:
MIVNET L.L.C. c/o OPUS