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Terms of Service

The use of services from Myrsol, LLC [hereafter referred to as "Myrsol"] constitutes agreement to these terms.

You may view our Privacy Policy here

 

Content
All services provided by Myrsol may only be used for lawful purposes. The laws of the United States of America apply.

The customer agrees to indemnify and hold harmless Myrsol from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email abuse@myrsol.com with the information required.

Examples of unacceptable material on all accounts include:

IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.

If in doubt regarding the acceptability of your site or service, please contact us at abuse@myrsol.com and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Violations will be reported to the appropriate law enforcement agency.

Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Myrsol reserves the right to require changes or disable as necessary any web site, account, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

Myrsol reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of Myrsol.

Payment Policy/Information
You agree to supply appropriate payment for the services received from Myrsol, in advance of the time period during which such services are provided. You agree that until and unless you notify Myrsol of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Cancellations must be done in writing via the cancellation form provided only. Do note that if you cancel a site with the blog lister on it that service will also be canceled as it can not be transferred to another site/domain. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic "Your request has been received..." email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone . We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.  All Setup fees are non-refundable as are any advanced payments on maintenance.

As a client of Myrsol, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Monthly invoices are sent out 7 days prior to the 1st of each month and are due on the 1st of each month. Myrsol provides a 15 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 15 days and not paid will result in a 15% late fee of the current balance. Failure to pay by the end of that month will result in the suspension of the account/website(s) and there will be an additional $100.00 re-setup fee along with the account balance including the late fees. If you are 30 days late twice in a 6 month period your site can be disabled permanently and your back payments will be sent to collections at your cost. Accounts that have been 15 days late or more in a consecutive two month period can be disabled permanently.

* Please note that any fees associated with Myrsol, LLC receiving an IDX feed from your association is the responsibility of the agent or BIC. Monthly, Quarterly, Bi-Annually, or Yearly fees are divided by the number of agents with a 2.75% processing fee. Do note that MLS Fees are subject to our Late Payment Policy as well. Some fees are absorbed by the myrsol once we have reached a set number of clients in that area.

Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact billing@myrsol.com

Myrsol reserves the right to change the monthly payment amount and any other charges at anytime.

Anyone paying in payments for their site setup will not gain access to the sites admin section until full payment has been received. Myrsol is not responsible for changes that others make on your site once it is live. We suggest that you always have separate admin accounts setup for anyone who is working on your site and that you do not give out your login information.

Backups and Data Loss
Your use of the service is at your sole risk. Myrsol is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Myrsol servers.

If you are editing your own website, via the Myrsol backend manager, it is recommended that you make a backup of the page you are editing before saving.

Cancellations and Refunds
Myrsol reserves the right to cancel the account at any time with or without notice.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

All Setup fees are non-refundable as are any advanced payments on maintenance.

Violations of the Terms of Service will waive the refund policy.

Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the product package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

Price Change
We reserve the right to change prices listed on myrsol.com, and the right to increase the amount of resources given to our product packages at any time.

Indemnification
Customer agrees that it shall defend, indemnify, save and hold Myrsol harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Myrsol, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Myrsol against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Myrsol; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; and (3) copyright infringement.

Arbitration
By using any Myrsol services, you agree to submit to binding arbitration. If any disputes or claims arise against Myrsol or its subsidiaries, such disputes will be handled by an arbitrator of Myrsol's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of South Carolina. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

Merging MLS:

Clients using our Blog Lister whom have exclusive rights to an MLS/Board region; agree to re-select the exclusive list if their MLS/Board merges with nearby or same state MLS/Boards. This of course would be an unforeseen event that we must set provisions for. If this is to take place we will do our best to make sure you keep your primary selling areas but in case of a disagreement MYRSOL has the right to make the final decision on who gets what.

Disclaimer
Myrsol shall not be responsible for any damages your business may suffer. Myrsol makes no warranties of any kind, expressed or implied for services we provide. Myrsol disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Myrsol and its employees.

Disclosure to law enforcement
Myrsol may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.
We will cooperate fully with law enforcement agencies.

Maintenance will Begin:
Once a site is completed it will be placed on a demo url. The site will be here during the clients review and will be subject to maintenance fees after being on the demo url for more than 60 days or when the site goes live. **Cloned sites, maintenance will begin as soon as the site is cloned and on the server.

Third Party Credits:
Any work done by a third party on your site is allowed as long as it does not violate any contract you might have with another third party. The footer may not be modified in a way that suggest that the third party did the majority of the work to the site or that the site is "powered by", "Developed By" any company other than MYRSOL LLC. Myrsol's branding will remain on all sites. Removal of such branding will result in your site being disabled.

DMCA Take Down Request:
Please read the this page before sending a DMCA Take Down Request To us.

 Changes to the TOS
Myrsol reserves the right to revise its policies at any time without notice.



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