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Terms
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This is an agreement between you and MyOpenGateway.com ("MyOG") for virtual private network communications services, related services and features ("the Service").
This Agreement governs your Use of the Service include these MyOG Terms and Conditions ("T&C's"), any MyOG Service Agreement you have agreed to, and the specific Rate Plan or Service Plan Information that applies to your account. THESE T&C'S SUPERSEDE ALL EARLIER VERSIONS AND INCONSISTENT TERMS OF ANY OTHER AGREEMENT. PLEASE READ THESE T&C'S CAREFULLY BEFORE ACTIVATING OR USING THE SERVICE. YOUR ACTIVATION AND USE OF THE SERVICE REPRESENTS YOUR AGREEMENT TO BE BOUND BY THESE T&C'S AND A REPRESENTATION THAT YOU ARE OF LEGAL AGE. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT, DO NOT USE THE SERVICE.
Usage Policies.
Account Holder agrees to comply with all applicable laws and regulations in connection with their use of this service. Account Holder further agrees that they or anyone using their account will not engage in any of the following activities:
- Sending or transmitting unsolicited advertisements or content ("spam") over the MyOG service, whether via email, usenet, or any other communication channel.
- Sending or transmitting any illegal content over the MyOG service, whether via email, usenet, or any other communication channel including without limitation child pornography.
- Uploading, posting, reproducing, or distribution of any content protected by copyright, or other proprietary right, without first having obtained permission of the copyright owner.
- Engaging in any conduct that restricts or inhibits any other Account Holder from using or enjoying the MyOG Service.
- Attempting to access, probe, or connect to computing devices without proper authorization.
- Posting to or transmitting through the MyOG Service any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that may constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international law.
- Using the MyOG Service for anything other than lawful purposes.
Violations of this Usage Policy will result in termination of your Account, without any refund of amounts previously paid for this service. Additionally, Account Holder will be held responsible for any and all damages incurred by MyOG including any amounts charged by any outside entity due to said violation(s) including without limitation attorney fees and costs.
Content Disclaimer: Cautions and Restrictions.
We do not control, nor are we responsible for any data, content, services, or products (including software) that you access, download, receive or buy while using the Service. We may, but do not have any obligation to block information, transmissions or access to certain information, services, products or domains to protect the Service, our network, the public or our users. We are not a publisher of third-party content accessed through the Service and are not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties as accessible through the Service.
You are responsible for paying all fees and charges of any third party vendors whose sites, products or services you access, buy or use via the Service. If you choose to use the Service to access web sites, services or content, or purchase products from third parties, your personal information may be available to the third-party provider. How third parties handle and use your personal information related to their sites and services is governed by their security, privacy and other policies (if any) and not ours. We have no responsibility for third party provider policies, or their or your compliance with them. If you elect to download to your computer or otherwise enable any software, including any "client" designed to facilitate your access of the Service, you shall be solely responsible for, and shall be deemed to have reviewed and, to the extent applicable, acknowledged, accepted or waived, any disclosures, notices or options otherwise made available to you for viewing as part of the log-in process for the Service.
Service Availability.
Actual service coverage, speeds, locations and quality may vary. The Service will attempt to be available at all times except for limited periods for maintenance and repair. However the Service may be subject to unavailability for a variety of factors beyond our control including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, refused, limited or curtailed. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Service or communications services or networks. We may impose usage or Service limits, suspend Service, or block certain kinds of usage in our sole discretion to protect users or the Service. Network speed is an estimate and is no indication of the speed at which your or the Service sends or receives data. Actual network speed will vary based on configuration, compression, network congestion and other factors. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.
Account Policies
Account Holder purchases access to MyOG Service in blocks of time on a subscription basis, where payments will recure on a regular basis unless the subscription is cancelled by the account holder.. Account Holder cannot transfer unused blocks of time to another Account Holder.
Account Holder is responsible for maintaining the confidentiality of his/her password and is liable for any harm resulting from disclosing or allowing disclosure of any password. In the event of a breach of security, Account Holder will remain liable for any unauthorized use of the MyOG Service until Account Holder notifies MyOG.
Time purchased is accounted for on a continuous calendar basis, not on a timed use basis. Purchasing 1 month of access means the Account Holder can access the MyOG service for one 1 month period. It does not mean that the Account Holder can access the MyOG service for 1 month of connected time (unless that 1 month period is in the 1 month period).
Account Holder can cancel their account at any time. The remaining balance will not be refunded to them.
Note that if account churning is detected, the Account Holder will be banned from the service.
The user is responsible for all charges (e.g. HotSpot access fees, in-room network fees) and equipment (e.g. wireless card, cables) associated with connecting to the MyOG service.
Concurrent logins for the same account are prohibited.
MyOG reserves the right to terminate an account immediately for violating any section of this agreement. MyOG can cancel an account at any time by providing notice to the Account Holder.
MyOG rights
MyOG reserves the right to install, manage and operate one or more software, monitoring or other solutions designed to assist us in identifying and/or tracking activities that we consider to be illegal or violations of these T&C's. We may, but are not obligated to, in our sole discretion, and without notice, remove, block, filter or restrict by any means any materials or information (including but not limited to emails) that we consider to be actual or potential violations of the restrictions set forth in these T&C's, and any other activities that may subject MyOG or its customers to liability. MyOG disclaims any and all liability for any failure on its part to prevent such materials or information from being transmitted over the Service and/or into your computing device.
MyOG reserves the right to install, manage, and operate one or more software or other solutions designed to manage bandwidth and service utilization.
MyOG will not intentionally monitor or disclose any private electronic communication unless required by law.
Limitation of Liability and Disclaimer of Warranty
ACCOUNT HOLDER EXPRESSLY AGREES THAT USE OF THE MyOG SERVICE IS AT ACCOUNT HOLDER'S SOLE RISK. NEITHER MyOG , ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, WARRANT THAT THE MyOG SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MyOG SERVICE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE MyOG SERVICE. NEITHER MyOG NOR ANY OF ITS INDEPENDENT NETWORK SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, THAT ACCESS WILL BE AVAILABLE FROM YOUR LOCATION.
THE MyOG SERVICE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY MyOG, ITS EMPLOYEES, AGENTS (INCLUDING ACCOUNT HOLDER REPRESENTATIVES OR GUIDES), THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL ACCOUNT HOLDER RELY ON ANY SUCH INFORMATION OR ADVICE.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL MyOG , OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE MyOG SERVICES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE MyOG SERVICE INCLUDING, BUT NOT LIMITED TO, RELIANCE BY A ACCOUNT HOLDER ON ANY INFORMATION OBTAINED ON THE MyOG SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E- MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO MyOG 'S RECORDS, PROGRAMS OR SERVICES. ACCOUNT HOLDER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE THROUGH THE MyOG SERVICES.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILITY OF MyOG , OR ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD- PARTY INFORMATION PROVIDERS, MERCHANTS OR LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE, EITHER JOINTLY OR SEVERALLY, EXCEED THE AGGREGATE DOLLAR AMOUNT PAID BY ACCOUNT HOLDER TO MyOG IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE. The foregoing limitations of liability and damages are considerations in establishing the price of MyOG service. The foregoing provisions of this Section are for the benefit of MyOG, its employees, directors, affiliates, agents, Information Providers, Merchants and Licensors.
This agreement is governed by the law of the State of New York, United States.
The Agreement between the parties constitutes the full and entire understanding between the parties with regard to the subjects hereof and thereof and supersedes any and all previous agreements between the parties regarding the subjects hereof and thereof. This agreement may be modified by the mutual consent of both parties, provided however, that any such modification shall be in writing, dated, and signed by both parties.
The Account Holder certifies that he/she is at least eighteen (18) years of age or a bona-fide corporate representative, and that the registration information provided is accurate, complete, and up-to-date.
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