Terms & Conditions
As an Application Service Provider as well as other Internet-related services, MyOfficePlace offers its customers, and their users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. MyOfficePlace respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, MyOfficePlace reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, MyOfficePlace has developed a Terms and Conditions ("TAC"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing MyOfficePlace's services. MyOfficePlace reserves the rights to revise TAC from time to time. A customer's use of MyOfficePlace's services after changes to the TAC are posted on MyOfficePlace's web-site, www.myofficeplace.net, will constitute the customer's acceptance of any new or additional terms of the TAC that result from those changes.
When customers obtain information through the Internet, they must keep in mind that MyOfficePlace cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that customers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because MyOfficePlace cannot monitor or censor the Internet, and will not attempt to do so, MyOfficePlace cannot accept any responsibility for injury to its customers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.
When customers disseminate information through the Internet, they also must keep in mind that MyOfficePlace does not review, edit, censor, or take responsibility for any information its customers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over MyOfficePlace's network and may reach a large number of people, including both customers and non-customers of MyOfficePlace, customers' postings to the Internet may affect other customers and may harm MyOfficePlace's goodwill, business reputation, and operations. For these reasons, customers violate MyOfficePlace policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
Spamming -- Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming"). It is not only harmful because of its negative impact on consumer attitudes toward MyOfficePlace, but also because it can overload MyOfficePlace's network and disrupt service to MyOfficePlace customers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, MyOfficePlace has the discretion to determine from all of the evidence whether the email recipients were from an "opt-in" email list.
Customers caught sending unsolicited, either through our servers or to promote a web site on our servers or to promote a MyOfficePlace affiliate link, will be terminated immediately, will not qualify for a refund and will be charged $50 per complaint filed and $500 fee for violations of Terms and Conditions.
*Unsolicited is defined, by MyOfficePlace as: email sent to recipients who have not asked to be contacted by you or Usenet postings (that are cross-posted to more than three newsgroups and/or posted in newsgroups where this is against that groups FAQ or charter), for the sole purpose of promoting a website or commercial business on our servers.
Excessive Bandwidth Use -- If your hosting account, with MyOfficePlace, goes over the bandwidth allowance set for that account, you agree to pay for that overage.
Intellectual Property Violations -- If MyOfficePlace's customers engaged in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities, MyOfficePlace reserves the right to remove or block access to customer content.
Obscene Speech or Materials -- Using MyOfficePlace's network to advertise, transmit, store, post, display, or otherwise make available any obscene material, including, without limitation, child pornography or obscene speech, is prohibited. Customers caught in violation, will be terminated immediately, will not qualify for a refund and will be charged and assessed a $500 fee for the violation. The final determination of what constitutes "Obscene Speech or Materials" will be made by MyOfficePlace in its sole discretion. Please be aware that MyOfficePlace is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through MyOfficePlace's network.
Child Pornography -- Our policy on child pornography is zero tolerance. MyOfficePlace will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection concerning child pornography. Customers are ultimately responsible for the actions of their clients over the MyOfficePlace network, and will be liable for illegal material posted by their clients.
According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.
Defamatory or Abusive Language -- Using MyOfficePlace's network as a means to transmit or post defamatory, harassing, abusive, or threatening language; or engaging in any activity that violates the privacy, publicity, or other personal rights of others.
Forging of Headers -- Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks -- Accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities -- Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
Facilitating a Violation of this TAC -- Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this TAC, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.
Usenet Groups -- MyOfficePlace reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the TAC.
Other Illegal Activities -- Engaging in activities that are determined to be illegal, including advertising, transmitting, or otherwise making available Ponzi schemes, pyramid schemes, fraudulently charging credit cards, and pirating software.
Other Activities -- Engaging in activities, whether lawful or unlawful, that MyOfficePlace determines to be harmful to its customers, operations, reputation, goodwill, or customer relations.
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. MyOfficePlace will not, as an ordinary practice, monitor the communications of its customers to ensure that they comply with MyOfficePlace policy or applicable law. When MyOfficePlace becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.
MyOfficePlace does not require its customers who offer Internet services to monitor or censor transmissions or web-sites created by customers of its customers. MyOfficePlace has the right to directly take action against a customer of a subscriber. Also, MyOfficePlace may take action against the MyOfficePlace subscriber because of activities of a customer of the subscriber, even though the action may
affect other customers of the subscriber. Similarly, MyOfficePlace anticipates that customers who offer Internet services will cooperate with MyOfficePlace in any corrective or preventive action that MyOfficePlace deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of MyOfficePlace policy.
MyOfficePlace also is concerned with the privacy of online communications and web-sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, MyOfficePlace urges its customers to assume that all of their on-line communications are not secure. MyOfficePlace cannot take any responsibility for the security of information transmitted over MyOfficePlace's facilities.
MyOfficePlace will not intentionally monitor private electronic mail messages sent or received by its customers unless required to do so by law, governmental authority, or when public safety is at stake. MyOfficePlace may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, MyOfficePlace may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. MyOfficePlace assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, MyOfficePlace may disclose subscriber information or information transmitted over its network where necessary to protect MyOfficePlace and others from harm, or where such disclosure is necessary to the proper operation of the system.
MyOfficePlace expects that its customers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate MyOfficePlace policy. Finally, MyOfficePlace wishes to emphasize that in signing the service agreement, customers indemnify MyOfficePlace for any violation of the service agreement, law, or MyOfficePlace policy, that results in loss to MyOfficePlace or the bringing of any claim against MyOfficePlace by any third-party. This means that if MyOfficePlace is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against MyOfficePlace, plus costs and reasonable attorneys' fees.
We hope this TAC is helpful in clarifying the obligations of Internet users, including MyOfficePlace and its customers, as responsible members of the Internet. Any complaints about a subscriber's violation of this TAC should be sent to .
DIGITAL MILLENNIUM COPYRIGHT ACT
Notice and Procedure for Making Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the MyOfficePlace system or web-site should be sent ONLY to our Designated Agent.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING MyOfficePlace THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g. REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
Written notification must be submitted to the following Designated Agent:
Attention: Legal Department
32 Torrey Pines Rd.,
Kleinburg, Ontario, L4H 3X9
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
- Physical or electronic signature of a person authorized to act on behalf of the copyright owner.
- Identification of the copyrighted work claimed to have been infringed or a representative list if multiple works are involved.
- Identification of the material that is claimed to be infringing that should be removed or access to disabled and information reasonably sufficient to enable the online service provider to locate the material (usually a URL to the relevant page).
- Information reasonably sufficient to allow the online service provider to contact the complaining party (address, phone number, e-mail address).
- 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."
- Statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
MyOfficePlace reserves the right to refuse service to anyone. Customers may only use MyOfficePlace servers for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of MyOfficePlace management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue and jurisdiction this contract was entered into and performed in Toronto , Ontario, Canada, and any dispute will be litigated or arbitrated in Toronto , Ontario, Canada. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Toronto , Ontario, Canada courts. IN NO EVENT SHALL MyOfficePlace MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD MyOfficePlace HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST ITS HOST, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLO YEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS MyOfficePlace AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH MyOfficePlace's SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM MyOfficePlace SERVER.
MyOfficePlace WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. MyOfficePlace MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. MyOfficePlace DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY MyOfficePlace AND ITS EMPLOYEES. MyOfficePlace RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF MyOfficePlace MUST ADHERE TO THE ABOVE POLICIES.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
MyOfficePlace will protect the confidentiality of its customers' information, account information and personal communications to the fullest extent possible and consistent with the law and the legitimate interests of MyOfficePlace, its partners, its employees and other customers of MyOfficePlace's services. To protect the loss, misuse, and alteration of information that is collected from customers, MyOfficePlace has appropriate physical, electronic, and managerial procedures in place.
Disclosure of customer information and communications
MyOfficePlace will not disclose customers' personal and account information unless MyOfficePlace has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of MyOfficePlace, MyOfficePlace's customers, or others.
MyOfficePlace disclaims any intention to censor, edit or engage in ongoing review or surveillance of communications stored on or transmitted through its facilities by customers or others. MyOfficePlace will, however, review, delete or block access to communications that may harm MyOfficePlace, its customers or third parties. The grounds on which MyOfficePlace may take such action include, but are not limited to actual or potential violations of MyOfficePlace's Terms and Conditions.