Terms of Service
Last modified on: 2018/04/14
This agreement is between MIGOS.COM and the person/persons who use our website hosting and domain service. Please read carefully to ensure you understand our terms before purchasing any of our products or services.
MIGOS.COM agrees to provide the services stated for the price agreed at any given time. We do not miss lead customers with hidden costs unlike many other web hosting companies. Our Services include the following:
All customers are responsible for monitoring their storage space and bandwidth transfer each month. Customers who are close to the limit of their account will be sent an email notifying them of their usage as well as be given the option to upgrade their account to something closer to their needs. If customers sign up for an account and cancel it within the first month they will still be charged for the full first month.
Renewal notices are emailed 14 days before the actual renew date in your account (30 days for annual accounts). If you’re using a credit card you will not have to worry about manual payments. All accounts are set up on a pre-pay basis. MIGOS.COM reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of email notice or exceeding this time frame in any way is subject to suspension. YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notify MIGOS.COM to request for termination of services. All payments and charges are in USD. YOUR particular billing cycle corresponds to the contract length that was initially chosen at setup. YOUR account will automatically renew at this length unless cancelled beforehand. There is no fee for cancelled accounts that have been paid for yearly. If you cancel an account on the monthly billing cycle MIGOS.COM cannot refund any payments made before.
Customers must acknowledge that the amount of the services bought is based on customers’ agreement to pay the fee for the initial term or renewal term. Customer agrees they will not chargeback and shall assume all responsibilities for the period in which they knowingly paid for.
Attempting to cause harm to a server or customer associated with MIGOS.COM is strictly prohibited.
MIGOS.COM will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include “Internet scamming” (tricking other people into releasing their passwords), password theft, security hole scanning, etc.
Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or computer belongs to MIGOS.COM, will result in action against YOU. Possible actions include warnings, account suspension or cancellation, as well as civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE – MIGOS.COM has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.
YOU may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, upload scripts, pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by MIGOS.COM to be unacceptable use of our services including abuse of server resources.
MIGOS.COM will be the sole arbiter as to what constitutes a violation of this provision. You are responsible for monitoring your disk space usage. If you need extra disk space contact one of our staff and they will be happy to help out. You can also upgrade your hosting plan from inside your MIGOS.COM client account.
The intention of MIGOS.COM is to provide a large enough quota of bandwidth to facilitate the running of a typical website, and not for offsite storage of files. If YOU violate this condition, YOU will be notified and given 48 hours to remedy the problem. Failure to do so will result in YOU being billed for the overages.
Customers agree to use our services under the Acceptable Usage Policy which is hereby incorporated with this agreement. Customers agree that MIGOS.COM hold the right to change their AUP at any time to meet web hosting standards and laws. Amendments to the AUP are effective on the earlier of MIGOS.COM notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment.
Customer agrees to cooperate with MIGOS.COM reasonable investigation of any suspected violation of the AUP. In the event of a dispute between MIGOS.COM and Customer regarding the interpretation of the AUP, MIGOS.COM’s commercially reasonable interpretation of the AUP shall govern.
Customer represents and warrants to MIGOS.COM that the information he, she or it has provided and will provide to MIGOS.COM for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to MIGOS.COM that he or she is at least 18 years of age. MIGOS.COM may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contract.
Unsolicited commercial advertisements (“SPAM”) are not allowed in e-mail, and will likely result in account cancellation. MIGOS.COM takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, YOUR account may be deleted.
MIGOS.COM provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our control panel interface, servers within our immediate responsibility and any other hosting related issues.
Each shared web hosting account comes with its own CGI-BIN. YOU are free to use any CGI scripts YOU wish, however we reserve the rights to disable any CGI script that effects normal shared server operation without prior notice.
Customer agrees to indemnify and hold harmless MIGOS.COM, MIGOS.COM’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorney’s fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer.
MIGOS.COM does not warrant or represent that the services will be uninterrupted, error free, or completely secure. To the extent permitted by applicable law MIGOS.COM disclaims any and all warranties including the implied warranties or merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law all services are provided on an “As Is” basis.
Neither party shall be liable to the other for any lost profits or any indirect, special incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.
Customer agrees that MIGOS.COM may suspend services to Customer without notice and without liability if:
Customer agrees that MIGOS.COM may, without notice to Customer,
Customer agrees to maintain a current copy of all content hosted by MIGOS.COM notwithstanding any agreement by MIGOS.COM to provide backup services. MIGOS.COM will backup and archive the Customer’s data on a regular basis for the purpose of disaster recovery. In the event of hard disk failure or data corruption, MIGOS.COM will restore data from the last known verified archive. If all backup and archived data appear to be corrupt, the Customer should be prepared to upload the data to their account from a local copy, and setup all mailboxes and FTP accounts.
During any service term, customer may request up to one free restore for any reason per month. If a customer should need to request a restore after this a $5 fee will apply for each restore.
Upgrades and other changes in MIGOS.COM’s network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer’s hosted content and/or applications. MIGOS.COM reserves the right to change its network in its commercially reasonable discretion, and MIGOS.COM shall not be liable for any resulting harm to Customer.
Notices to MIGOS.COM under the Agreement shall be given via electronic mail to the e-mail address posted for customer support. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.
MIGOS.COM shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond MIGOS.COM’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
The Agreement shall be governed by the laws of Delaware and the United States as applicable.
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trade mark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer’s purchase order or other business forms are not binding on MIGOS.COM unless they are expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without MIGOS.COM’s prior written consent. MIGOS.COM’s approval for assignment is contingent on the assignee meeting MIGOS.COM’s credit approval criteria. MIGOS.COM may assign the Agreement in whole or in part. This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.
All files stored on MIGOS.COM’s servers must be legally-owned and be accompanied with a valid license and/or copyright. This include and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion.
MIGOS.COM reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be prorated and paid by MIGOS.COM if we institute our right of cancellation. Any costs resulting from the Customer violating any policies will be billed to the Customer.
MIGOS.COM may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not affect YOUR obligations under this Agreement.
Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.
Material accessible to you through MIGOS.COM’s services may be subject to protection under United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use MIGOS.COM or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the MIGOS.COM network. If YOU use a domain name in connection with MIGOS.COM or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Customers may not use the MIGOS.COM network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network.
MIGOS.COM will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
YOU will be solely responsible for the development, operation and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including without limitation:
YOU expressly grant to MIGOS.COM a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by MIGOS.COM under this Agreement and agree that such caching is not an infringement of any of YOUR intellectual property rights or any third party’s intellectual property rights.
MIGOS.COM shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by MIGOS.COM. MIGOS.COM reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
YOU agree to pay MIGOS.COM prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the MIGOS.COM price schedule for the initial registration of the domain name and, should YOU choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if YOUR domain name registration is suspended, canceled or transferred prior to the end of YOUR then current registration term. MIGOS.COM reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from MIGOS.COM to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by MIGOS.COM) in connection with the payments of the registration fee for YOUR domain name registration, YOU agree and acknowledge that the domain name registration shall be transferred to MIGOS.COM as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. MIGOS.COM will reinstate YOUR domain name registration solely at MIGOS.COM’s discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
MIGOS.COM reserves the right to refuse service to anyone. YOU may only use MIGOS.COM server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: “Pirated Warez”, OGG, AVI, MPEG, ISO, “Hacker programs or archives”, “Copyrighted Digital Movie Copies (DIVX)” and “Unlicensed MP3”. The designation of any materials as such described above is left entirely to the discretion of MIGOS.COM.
MIGOS.COM follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.
Services
MIGOS.COM agrees to provide the services stated for the price agreed at any given time. We do not miss lead customers with hidden costs unlike many other web hosting companies. Our Services include the following:
- Shared Hosting
- VPS Hosting
- Domain Name Registration
- SSL Certificates
Terms
All customers are responsible for monitoring their storage space and bandwidth transfer each month. Customers who are close to the limit of their account will be sent an email notifying them of their usage as well as be given the option to upgrade their account to something closer to their needs. If customers sign up for an account and cancel it within the first month they will still be charged for the full first month.
Payments
Renewal notices are emailed 14 days before the actual renew date in your account (30 days for annual accounts). If you’re using a credit card you will not have to worry about manual payments. All accounts are set up on a pre-pay basis. MIGOS.COM reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of email notice or exceeding this time frame in any way is subject to suspension. YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notify MIGOS.COM to request for termination of services. All payments and charges are in USD. YOUR particular billing cycle corresponds to the contract length that was initially chosen at setup. YOUR account will automatically renew at this length unless cancelled beforehand. There is no fee for cancelled accounts that have been paid for yearly. If you cancel an account on the monthly billing cycle MIGOS.COM cannot refund any payments made before.
Cancellation and Early Termination
Customers must acknowledge that the amount of the services bought is based on customers’ agreement to pay the fee for the initial term or renewal term. Customer agrees they will not chargeback and shall assume all responsibilities for the period in which they knowingly paid for.
Server Abuse
Attempting to cause harm to a server or customer associated with MIGOS.COM is strictly prohibited.
MIGOS.COM will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include “Internet scamming” (tricking other people into releasing their passwords), password theft, security hole scanning, etc.
Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or computer belongs to MIGOS.COM, will result in action against YOU. Possible actions include warnings, account suspension or cancellation, as well as civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE – MIGOS.COM has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.
YOU may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, upload scripts, pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by MIGOS.COM to be unacceptable use of our services including abuse of server resources.
Disk Space Abuse
MIGOS.COM will be the sole arbiter as to what constitutes a violation of this provision. You are responsible for monitoring your disk space usage. If you need extra disk space contact one of our staff and they will be happy to help out. You can also upgrade your hosting plan from inside your MIGOS.COM client account.
Bandwidth Abuse
The intention of MIGOS.COM is to provide a large enough quota of bandwidth to facilitate the running of a typical website, and not for offsite storage of files. If YOU violate this condition, YOU will be notified and given 48 hours to remedy the problem. Failure to do so will result in YOU being billed for the overages.
Acceptable Usage Policy
Customers agree to use our services under the Acceptable Usage Policy which is hereby incorporated with this agreement. Customers agree that MIGOS.COM hold the right to change their AUP at any time to meet web hosting standards and laws. Amendments to the AUP are effective on the earlier of MIGOS.COM notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment.
Customer agrees to cooperate with MIGOS.COM reasonable investigation of any suspected violation of the AUP. In the event of a dispute between MIGOS.COM and Customer regarding the interpretation of the AUP, MIGOS.COM’s commercially reasonable interpretation of the AUP shall govern.
Customer Information
Customer represents and warrants to MIGOS.COM that the information he, she or it has provided and will provide to MIGOS.COM for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to MIGOS.COM that he or she is at least 18 years of age. MIGOS.COM may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contract.
Unsolicited Email and Spamming
Unsolicited commercial advertisements (“SPAM”) are not allowed in e-mail, and will likely result in account cancellation. MIGOS.COM takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, YOUR account may be deleted.
Technical Support Boundaries
MIGOS.COM provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our control panel interface, servers within our immediate responsibility and any other hosting related issues.
CGI Scripts
Each shared web hosting account comes with its own CGI-BIN. YOU are free to use any CGI scripts YOU wish, however we reserve the rights to disable any CGI script that effects normal shared server operation without prior notice.
Indemnification
Customer agrees to indemnify and hold harmless MIGOS.COM, MIGOS.COM’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorney’s fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer.
Disclaimer of Warranties
MIGOS.COM does not warrant or represent that the services will be uninterrupted, error free, or completely secure. To the extent permitted by applicable law MIGOS.COM disclaims any and all warranties including the implied warranties or merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law all services are provided on an “As Is” basis.
Limitation of Damages
Neither party shall be liable to the other for any lost profits or any indirect, special incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.
Suspension of Services/Termination
Customer agrees that MIGOS.COM may suspend services to Customer without notice and without liability if:
- MIGOS.COM reasonably believes that the services are being used in violation of the AUP;
- Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP;
- MIGOS.COM reasonably believes that the suspension of service is necessary to protect its network or its other customers,
- or as requested by a law enforcement or regulatory agency. Customer shall pay MIGOS.COM reasonable reinstatement fee if service is MIGOS.COM following a suspension of service under this subsection.
Request for Customer Information
Customer agrees that MIGOS.COM may, without notice to Customer,
- report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that MIGOS.COM believes violates applicable law, and
- provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
Backup Copy
Customer agrees to maintain a current copy of all content hosted by MIGOS.COM notwithstanding any agreement by MIGOS.COM to provide backup services. MIGOS.COM will backup and archive the Customer’s data on a regular basis for the purpose of disaster recovery. In the event of hard disk failure or data corruption, MIGOS.COM will restore data from the last known verified archive. If all backup and archived data appear to be corrupt, the Customer should be prepared to upload the data to their account from a local copy, and setup all mailboxes and FTP accounts.
Request to Restore a Backup
During any service term, customer may request up to one free restore for any reason per month. If a customer should need to request a restore after this a $5 fee will apply for each restore.
Changes to Migos Hosting Network
Upgrades and other changes in MIGOS.COM’s network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer’s hosted content and/or applications. MIGOS.COM reserves the right to change its network in its commercially reasonable discretion, and MIGOS.COM shall not be liable for any resulting harm to Customer.
Notices
Notices to MIGOS.COM under the Agreement shall be given via electronic mail to the e-mail address posted for customer support. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.
Forced Majored
MIGOS.COM shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond MIGOS.COM’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
Governing/Law Disputes
The Agreement shall be governed by the laws of Delaware and the United States as applicable.
Miscellaneous
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trade mark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer’s purchase order or other business forms are not binding on MIGOS.COM unless they are expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without MIGOS.COM’s prior written consent. MIGOS.COM’s approval for assignment is contingent on the assignee meeting MIGOS.COM’s credit approval criteria. MIGOS.COM may assign the Agreement in whole or in part. This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.
Copyright Files
All files stored on MIGOS.COM’s servers must be legally-owned and be accompanied with a valid license and/or copyright. This include and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion.
Cancellation of Service
MIGOS.COM reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be prorated and paid by MIGOS.COM if we institute our right of cancellation. Any costs resulting from the Customer violating any policies will be billed to the Customer.
Promotional Rates and Special Offers
MIGOS.COM may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not affect YOUR obligations under this Agreement.
Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.
Intellectual Property Rights
Material accessible to you through MIGOS.COM’s services may be subject to protection under United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use MIGOS.COM or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the MIGOS.COM network. If YOU use a domain name in connection with MIGOS.COM or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Network Security
Customers may not use the MIGOS.COM network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network.
MIGOS.COM will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
Electronic Commerce
YOU will be solely responsible for the development, operation and maintenance of YOUR online store and products along with all content and materials appearing online or on YOUR products, including without limitation:
- the accuracy and appropriateness of content and materials appearing within the store or related to YOUR products,
- ensuring that the content and materials appearing within the store or related to YOUR products do not violate or infringe upon the rights of any third party, and
- Ensuring that the content and materials appearing within the store or related to YOUR products are not libelous or otherwise illegal. YOU will be solely responsible for the final calculation and application of shipping and sales tax. YOU will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.
Static and Dynamic Content Caching
YOU expressly grant to MIGOS.COM a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by MIGOS.COM under this Agreement and agree that such caching is not an infringement of any of YOUR intellectual property rights or any third party’s intellectual property rights.
IP Address Ownership
MIGOS.COM shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by MIGOS.COM. MIGOS.COM reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
Domain Name Registration
YOU agree to pay MIGOS.COM prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the MIGOS.COM price schedule for the initial registration of the domain name and, should YOU choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if YOUR domain name registration is suspended, canceled or transferred prior to the end of YOUR then current registration term. MIGOS.COM reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from MIGOS.COM to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by MIGOS.COM) in connection with the payments of the registration fee for YOUR domain name registration, YOU agree and acknowledge that the domain name registration shall be transferred to MIGOS.COM as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. MIGOS.COM will reinstate YOUR domain name registration solely at MIGOS.COM’s discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Lawful Purpose
MIGOS.COM reserves the right to refuse service to anyone. YOU may only use MIGOS.COM server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: “Pirated Warez”, OGG, AVI, MPEG, ISO, “Hacker programs or archives”, “Copyrighted Digital Movie Copies (DIVX)” and “Unlicensed MP3”. The designation of any materials as such described above is left entirely to the discretion of MIGOS.COM.
Privacy Statement
MIGOS.COM follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.