Please read the following Terms Of Service agreement before proceeding, then continue on with your order.
These policies are designed to protect the best interests of our customers as a whole. MYHOSTSTREAM policy is to act as a neutral provider of access to the Internet via user choice of hosting package.
We reserve the right to suspend or cancel customer access to any and all services provided by us, if it is decided the account has been inappropriately used.
This Agreement contains the complete terms and conditions that apply to your participation as a member/affiliate in the Referral Program of MYHOSTSTREAM.Net and/or the establishment of links from your Web site and/or email messages to our Web sites “MYHOSTSTREAM.Net “. As used in this Agreement, “we,” “our” or “us” means MYHOSTSTREAM Network., “you” or “your” means the applicant, and “Services” means any item or service offered for sale by us on the MYHOSTSTREAM.Net web site.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND MYHOSTSTREAM [dba “MYHOSTSTREAM.Net”].
Affiliation through MYHOSTSTREAM can only be recognized once you begin as a fully registered member agreeing to utilize the tools offered by MYHOSTSTREAM.
By submitting the member/affiliate online application, you (if you are acting on behalf of yourself as an individual) or your company (if you are acting on behalf of your company) (The “member/ affiliate”) agree(s) to be bound by the terms and conditions of this agreement. Please read this entire agreement carefully before accepting its terms.
Registering as a member/affiliate with MYHOSTSTREAM.Net requires you accept all newsletters, notices and other company electronic mailings. If you do not wish to receive these electronic communications, DO NOT register as a MYHOSTSTREAM.Net member. False spam complaints will result in legal action for damages, costs and interrupted revenue.
This policy is applicable on a per domain basis on all Shared and Reseller servers, meaning that each addon and subdomain gets its own separate 500 outgoing emails per hour limit. This also applies to mailing lists. If a user sends over 500 emails in any hour, the emails will fail and may bounce back with an undeliverable error.
Any mailing list containing over 900 email addresses is only allowed to be sent during off-peak hours to prevent high server loads. MYHOSTSTREAM defines off peak times as all day Saturday and Sunday, and 1AM – 8AM Eastern Standard Time, Monday through Friday.
Any mailing list larger than 5,000 email addresses will require a VPS or Dedicated Server. This means that users cannot send 12,000 emails a day (500 emails an hour x 24 hour period) on our Shared or Reseller plans. Please note that dividing one large list into smaller lists to get below this limit is not allowed on Shared or Reseller hosting plans.
As a member/affiliate site (“member/affiliate Site”), we will make available to you banner advertisements, button links, and/or text links to our site, containing MYHOSTSTREAM.Net’s logo and/or words identifying MYHOSTSTREAM.Net (each of these links sometimes being referred to herein as “Links,” or individually as a “Link”), which subject to the terms and conditions hereof,you may display on your site. In utilizing the Links, you agree that you will cooperate fully with us in order to establish and maintain such Link or Links. All member/affiliate Sites shall display such graphic images prominently throughout your site as you see fit. A Link may only be modified and/or expanded with our consent. Each Link connecting users of your site to our site, will in no way alter the look, feel or functionality of our site. We have the right in our sole discretion to monitor your site at any time and from time to time to determine if you are in compliance with the terms of this agreement.
We will be responsible for providing all information necessary to allow you to make appropriate Links from your site to our site. However, all Links must be approved by us. We will process orders and/or advertising sales placed by clients who follow the Links from your site to your MYHOSTSTREAM.Net affiliate site. We reserve the right to reject service orders or advertising orders that do not comply with certain requirements which we may establish from time to time. We will be solely responsible for all aspects of service orders and/or advertising order processing and fulfillment, including orders and/or advertising entry, payment processing, cancellations, returns and related client service. We will track the volume and amount of sales generated by your site and will make unaudited reports, summarizing this sales activity, available to you through your member/affiliate Administration site.
The form, content, and frequency of the reports may vary from time to time at our discretion. To permit accurate tracking, reporting, and commission accrual, you must ensure that the Links between your site and your MYHOSTSTREAM.Net affiliate site are properly formatted.
We will pay you commissions on a monthly basis. Approximately 15 days following the end of each month, we will send you a check for the commissions earned on Services that we sold during that month, less any taxes that we are required by law to withhold. However, if the commissions payable to you for any month is less than $50.00, we will bring these commissions forward to the next month until total amount due is at least equal to, or more, than the $50.00 minimum payment issuance amount. If Services that generated a commission are returned by the client, we will deduct the corresponding commission from your next monthly payment. Commission(s) are subject to change at any time or from time to time, in our sole and absolute discretion. You will be notified of any change in the Commission Structure, pursuant to the provisions of ‘Commission Plan’ for this member/affiliate Agreement. MYHOSTSTREAM.Net, retains the option of reviewing all commissions prior to disbursing funds to you. This process will require a period of approximately fifteen (15) days. MYHOSTSTREAM.Net, also retains the right to review all commissions for possible fraud, including but not limited to the use of software that generates real and fictitious email addresses for newsletter and other subscriptions. Any incidence of fraud constitutes a breach of this Agreement, and MYHOSTSTREAM.Net, retains full authority to terminate your member/affiliate contract immediately and without notice.
Clients who buy Services or Products through the member/affiliate Program of MYHOSTSTREAM.Net will be deemed to be clients of MYHOSTSTREAM.Net. Accordingly, all MYHOSTSTREAM.Net, rules, policies, and operating procedures concerning client service purchases, member/affiliate advertising orders, client service, and sales will apply to those clients. We may change our policies and operating procedures at any time. We will determine the prices to be charged for hosting and other services sold under the member/affiliate Program in accordance with our own hosting pricing policies. Hosting services pricing and availability may vary from time to time.
We grant you a non-exclusive, non-transferable, revocable right to;
a] access our site through links solely in accordance with the terms of this member/affiliate Agreement, and;
b] solely in connection with such links, to use our logos, trade names, trademarks and similar identifying material (collectively “Licensed Materials”), solely for the purpose of selling our services on your site(s) for MYHOSTSTREAM.Net. You may not alter, modify or change the Licensed Materials in any way. You are only entitled to use the Licensed Materials to the extent you are a member/affiliate, in good standing, of the MYHOSTSTREAM.Net member/affiliate Program. You shall not make any specific use of any Licensed Materials for purposes other than selling our services for the Viral Host.Com. You agree not to use the Licensed Materials in any manner that is disparaging or that otherwise portrays MYHOSTSTREAM.Net in a negative light. We reserve all of our rights for the Licensed Materials, and all other intellectual property rights. We may revoke this license at any time by giving you written notice in accordance with the provisions of this member/affiliate Program Agreement. You shall retain no rights in and to the Licensed Materials. You shall not create, publish, distribute or permit any written material that makes reference to us, without first submitting such material to us and receiving our written consent. This license shall terminate upon the effective date of the termination of this Agreement.
You will be solely responsible for the development, operation and maintenance of your site(s) and for all materials that appear on your site(s). We shall have no responsibility for the development, operation and maintenance of your site(s) and for all materials that appear on your site(s). You shall also be responsible for ensuring that materials posted on your site(s) do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials posted on your site(s) are not libelous or otherwise illegal. You must have express permission to use another party’s copyrighted or other proprietary material. We will not be responsible if you use another party’s copyrighted or other proprietary material in violation of the law. We disclaim all liability for such matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys’ fees and expert witness fees) relating to the development, operation, maintenance, and contents of your site(s).
MYHOSTSTREAM caters to family orientated websites. For this reason, the following types of Internet Websites are ‘RESTRICTED’ from being hosted and/or promoted via MYHOSTSTREAM.Net.
a] NO adult rated websites, hate mongering or discrimination related content websites
b] NO PONZI, INVESTMENT or Get Rich Quick Schemes are allowed to be promoted, directly or indirectly. ALL Websites that include any type of self-employment, start-up businesses, or investment scheme where the claims of profit or returns on investment are unrealistic or unsupported are not allowed.
By US Law, if any business opportunity advertises any form of income, the person or company making the offer is required to support any claims regarding earnings or profits with written verified documentation. Most countries have adopted similar laws, check for your specific requirements with the appropriate authorities in your area.
This term of this member/affiliate Agreement will begin upon our acceptance of your member/affiliate Application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to your address on our records, is considered sufficient notice for us to terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement, you are not eligible to receive any commissions payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by e-mail, to your address on our records, or the posting on our site of a change notice or a new agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules,payment procedures, and member/affiliate Program rules. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the member/affiliate Program, following our posting of a change notice or new agreement on our site, will constitute binding acceptance of the change.
You and MYHOSTSTREAM.Net, are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency,franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Agreement.
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the member/affiliate Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the member/affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the member/affiliate Program or any Services or other items sold through the member/affiliate Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site, or, our web hosting servers, will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors with our services.
You hereby represent and warrant to us that this member/affiliate Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this member/affiliate Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the;
a] provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or;
b] the terms of any other agreement, document or instrument applicable to you or binding upon you.
We may disclose to you certain information as a result of your participation as part of the member/affiliate Agreement, which information we consider to be confidential (herein> referred to as “Confidential Information”). For purposes of this Agreement, the term “Confidential Information” shall include, but not be limited to, any modifications to the terms and provisions of this member/affiliate Agreement made specifically for your domain and not generally available to other members of the member/affiliate association, website, business and financial information relating to MYHOSTSTREAM.Net client, member/affiliate and vendor lists relating to MYHOSTSTREAM.Net and pricing and sales information for MYHOSTSTREAM.Net and any person of the member/affiliate association, other than you. Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process. We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your or such third person’s use of the information.
Except as otherwise provided in this member/affiliate Agreement or with the consent of the other party hereto, each of the parties hereto agrees that all information including, without limitation, the terms of this member/affiliate Agreement, business and financial information, client and vendor lists, and pricing and sales information, concerning us or you, respectively shall remain strictly confidential and secret and shall not be utilized by such party for its own business purposes or for any other purpose except and solely to the extent necessary to exercise rights and perform obligations under this member/affiliate Agreement.
The foregoing restrictions will not apply to information to the extent it
1] was known to the receiving party at the time of disclosure;
2] has become publicly known through no wrongful act of the receiving party;
3] has been rightfully received from a third party under no obligation to the disclosing party
4] has been disclosed by court order or as otherwise required by law if the receiving party has given the disclosing party a reasonable opportunity to contest or limit the scope of such required disclosure or;
5] is consumer information collected on the MYHOSTSTREAM.Net website or from their electronic publication(s) mailing list(s) and is used for marketing purposes provided that MYHOSTSTREAM.Net, will not sell or transfer the information to any third party for their use.
You hereby agree to indemnify, defend and hold harmless MYHOSTSTREAM.Net, its shareholders, officers, directors, employees, agents, affiliates, members, successors and assigns, from and against any and all claims, losses, liabilities, damages or expenses (including attorney’s fees and costs) of any nature whatsoever incurred or suffered by us (collectively the “Losses”), in so far as such Losses (or actions in respect thereof) arise out of or are based on;
1] any claim or threatened claim that our use of the member/affiliate Trademarks infringes on the rights of any third party;
2] the breach of any representation or warranty made by you herein; or,
3] or any claim related to your site.
You acknowledge that you have read this member/affiliate agreement and agree to all its terms and conditions. You understand that we may at any time(directly or indirectly) solicit customer referrals on terms that may differ from those contained in ths agreement or operate websites that are similar to or competitive with your web site. You have independantly evaluated the desirability of participating in our member/affiliate program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.
MYHOSTSTREAM.Net offers no claims, written or otherwise, to suggest or imply, any earnings from this member/affiliate program. All earnings, commissions and/or bonuses to be earned from this member/affiliate program will be generated solely based on the efforts and performance of the individual member/affiliate.Any and all references to income on our web sites or in our electronic publications are solely to show the concept and results that may be attained by our successful member/affiliates.
This Agreement will be governed by the laws of the United States and the State of Ohio, State of Ohio, without reference to rules governing choice of laws. Any action relating to this member/affiliate Agreement must be brought in the federal or state courts located in Cleveland, OH, and you irrevocably consent to the jurisdiction of such courts. You may not assign this member/affiliate Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this member/affiliate Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this member/affiliate Agreement.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND MYHOSTSTREAM [dba”myhoststream.net”], by clicking on the “APPLY” button at the end of the member/affiliate online application, you (if you are acting on behalf of yourself as an individual) or your company (if you are acting on behalf of your company) (the”member/affiliate”) agree(s) to be bound by the terms and conditions of this member/affiliate agreement. Please read this entire member/affiliate agreement carefully before accepting its terms.
In many cases, MYHOSTSTREAM is offering non-tangible irrevocable goods we do not issue refunds once the order is accomplished and the product is sent. As a customer you are responsible for understanding this upon purchasing any item at our site. Please note that our bonuses are offered on behalf of our respected partners and are not an issue for a refund or chargeback. However, we realize that there are exceptions to each case and therefore we WILL honor the following exceptions based on their condition and time frame of ownership.
1. Website plans. All returns are subject to a 10-day grace period in which full returns can be made. However, any by monthly payments will simply run out at renewal time. Returns in full are applicable only to sites paid for by periods of SIX months or more.
2. Download and unzipping issues: it may happen so that you are having problems while downloading the product or its unzipping. Claims regarding such issues must be submitted to our Technical Support department. Failure to receive assistance for downloading or unzipping within 3 days may result in a refund decline; we keep the right to rectify the error or defect within 72 hours.
If you do not properly contact us during this period, you agree that we may construe silence as a successful download of the product with no further right of redress or refund for a “download issue” reason. Please note that we do not bear any responsibility and therefore we do not satisfy any refund/return/exchange requests based on incompatibility of our products with some third-party software (plug-ins, add-ons, modules, search engines, scripts, extensions etc) other than those which are specified as compatible in a description available on the preview page of each product. We don’t guarantee that our products are fully compatible with any third-party programs and we do not provide support for third-party applications.
Our Technical Support Team is always eager to assist you and deliver highly professional support in a timely manner.
Thank you for purchasing our products.