End User
License Agreement
PLEASE READ THE TERMS AND
CONDITIONS OF THIS END USER LICENSE AGREEMENT REGARDING YOUR USE OF
DESTINY WORLDS AND THE DESTINYWORLDS.COM WEB SITE, AND FAMILIARIZE
YOURSELF WITH ITSYOURNET'S DESTINY WORLDS "PERSONAL CONDUCT" AND
"BUILDING CONTENT" GUIDELINES AND "ANTI-SPAM POLICY" THAT MAKE UP
PART OF THIS AGREEMENT. YOU SHOULD ALSO CAREFULLY READ ITSYOURNET'S
"PRIVACY POLICY" BEFORE OPENING, USING, OR CONTINUING AN ACCOUNT IN
DESTINY WORLDS WITH ITSYOURNET, LLC.
These Terms and Conditions, in
conjunction with the Personal Conduct and Building Content and
Anti-Spam Policy (the "Agreement" and "EULA"), represent the
complete Agreement and understanding between you ("your" and "user"
and "Customer" and "accountholder" and "Tourist" and "Citizen"), the
accountholder, and ItsYourNet, LLC. ("ItsYourNet" and "us" and "we"
and "our"), and supersedes any other written or oral agreement
pertaining to your ItsYourNet's products and/or service (the
"services"), other than applicable software license agreements. By
using ItsYourNet services you agree to be bound by and to comply
with this Agreement, just as if you had signed it with a writing
instrument. Violation of any provision of this Agreement is grounds
for immediate termination of your ItsYourNet account.
IF YOU DO NOT AGREE TO BE
BOUND BY ALL PARTS OF THIS AGREEMENT YOU ARE NOT AUTHORIZED TO
ACCESS, DOWNLOAD, REQUEST USE OF, OR USE OUR SERVICES. THE INTERNET
PROPERTY KNOWN AS DESTINYWORLDS.COM IS OWNED AND OPERATED BY
ITSYOURNET, LLC AND PROVIDES ACCESS TO THE VIRTUAL REALITY SOFTWARE
UNDER AGREEMENT WITH ITS BUSINESS INTEREST OWNER OF THE VIRTUAL
REALITY SOFTWARE AND INTERNET PROPERTY KNOWN AS GALAXYWORLDS.COM. IF
YOU ARE ALREADY USING ITSYOURNET'S SERVICES, AND DO NOT AGREE TO BE
BOUND BY ALL PARTS OF THIS AGREEMENT AT ANY TIME, YOU SHOULD
IMMEDIATELY END YOUR USE OF ITSYOURNET SERVICES AND NOTIFY
ITSYOURNET SO THAT ITSYOURNET MAY INITIATE A CLOSURE OF YOUR
ACCOUNT(S).
Specific questions about this
Agreement should be e-mailed to Admin@ItsYourNet.com. With or
without notice via e-mail, or via our Web pages, ItsYourNet may
modify the contents of the Agreement, amplify them, and/or modify
the prices of services, as well as discontinue or change the
services offered at any time, at its sole discretion.
This
Agreement defines the terms and conditions of, including, but not
limited to, product use and the service for all ItsYourNet Internet
Connection and E-mail Accounts and Downloads to access
Destiny Worlds (the "services").
1. "As Is" Services; Limitation of Liability;
Indemnification
1.a "As Is" Services
You acknowledge that ItsYourNet services are provided
"as is". ItsYourNet, its employees, agents, suppliers, business
affiliates, software owners, vendors and distributors make no
warranty of any kind, either expressed or implied, regarding the
quality, accuracy, or validity of the data and/or information
available on its systems, or residing on or passing through its
interconnecting networks, or that ItsYourNet services will be
uninterrupted or error free. ItsYourNet expressly excludes any
implied warranty of merchantability or fitness for a particular
purpose to the fullest extent possible by law.
1.b Limitation of
Liability
Neither party shall be liable to the other for any
loss, damage, liability, claim or expense arising out of or in
relation to this Agreement or your use of or inability to use
ItsYourNet services, other than for payment of fees due under
Article 2 and for indemnification under Article 1 Section 1.c,
however caused, whether grounded in contract, tort (including
negligence) or theory of strict liability. Use of information
obtained from or through ItsYourNet is at your own risk. Under
no circumstances will ItsYourNet be liable to you or any other
person for any loss or damage caused by reliance on data or
information available from or on ItsYourNet's services and
systems. You agree to waive and hold ItsYourNet harmless from
any claims relating to any action taken by ItsYourNet as part of
its investigation of a suspected violation of this Agreement or
as a result of its conclusion that a violation of this Agreement
has occurred. This means that you can not sue or recover any
damages whatsoever from ItsYourNet as a result of ItsYourNet's
decision to remove material from its servers, cancel a newsgroup
posting, warn you, suspend or terminate your account, eject you
from a Destiny Worlds world and/or all worlds in Destiny Worlds,
or take any other action during the investigation of a suspected
violation or as a result of ItsYourNet's conclusion that a
violation has occurred. This waiver applies to all violations
described in the Terms and Conditions EULA, the Personal Conduct
and Building Content ("Acceptable Usage") guidelines. IN NO
EVENT SHALL ITSYOURNET BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT
LIMITATION, LOST PROFITS) ARISING OUT OF OR IN RELATION TO THIS
AGREEMENT OR THE ACCOUNTHOLDER'S USE OF OR INABILITY TO USE
ITSYOURNET'S SERVICES. ITSYOURNET'S ENTIRE LIABILITY AND YOUR
EXCLUSIVE REMEDY SHALL BE AT ITSYOURNET'S OPTION, EITHER RETURN
OF THE SERVICE FEES PAID FOR THE CURRENT MONTH OF SERVICE AND
ANY SET-UP FEES PAID, OR REPLACEMENT OF CONNECTION SERVICES OR
PRODUCTS. In any case, ItsYourNet's entire liability under or
arising out of this Agreement shall be limited to the amount you
paid for the service in the one (1) month prior to the act or
injury that gave rise to the liability. However, some
jurisdictions may not allow a limitation on liability for
negligence that causes death or personal injury, and ItsYourNet
limits its liability in such jurisdictions only to the degree
allowed by the applicable laws.
1.c
Indemnification
You agree to defend, indemnify
and hold ItsYourNet harmless from any claims, losses and
damages, including attorney's fees, resulting from your
violation of any of the provisions of this Agreement or your
placement or transmission of any materials or content onto
ItsYourNet's servers, or from any and all use of your account,
taking and/or installing the Destiny Worlds free download onto
any computer and/or accessing any world found in Destiny Worlds,
with or without your knowledge or consent.
2. Cancellation of Accounts
2.a To cancel
your account, we require authentication that it is actually you
making the cancellation. One of the ways we do this is to log
the IP Address of the computer owned by the person making the
cancellation, thus you must contact ItsYourNet Support via the
on-line channels found at
https://itsyournet.com/plexum.php, or if you are unable to
reach our on-line Support, you may contact us via phone.
Cancellation requests must include the account's login name, and
your name, address and phone number and other identifying
information as they appear in ItsYourNet's billing records. If
the information provided to ItsYourNet for an account does not
match the account's records, cancellation can be delayed or
prevented.
2.b All
ItsYourNet accounts must be paid in full before a cancellation
will be considered complete. Service charges will extend to the
end of the month in which the account is canceled.
2.c ItsYourNet is
not responsible for maintaining material that it deletes from
its servers as a result of an account cancellation.
2.d Cancellation
of a prepaid account does not include a refund of any kind once
the initial thirty (30) days of service has passed, however,
ItsYourNet may issued a refund, at the sole discretion of
ItsYourNet, on a case-by-case basis. Prepaid accounts include,
but are not limited to, one (1) year prepay, six (6) month
prepay, and three (3) month prepay when payment has been made by
US check from residents of the United States of America, or via
US Money Order from any and/or all other accountholders located
outside of the continental United States and the State of Hawaii
only.
2.e Activation
(setup) fees, if any, are non-refundable and do NOT apply to the
thirty (30) day money back guarantee.
2.f In the event
ItsYourNet does issue a refund on a case-by-case basis, in its
sole discretion, there is a $20.00 cancellation fee applied to
any/all prepay account(s).
3. Provision of Services
3.a ItsYourNet
will provide services on its computing systems to you in
exchange for recurring payment of subscription fees and full
compliance with this Agreement.
3.b ItsYourNet
reserves the right to discontinue any and all services to you at
any time, without prior notice or liability, for any conduct
which ItsYourNet, in its sole discretion, believes violates
these Terms and Conditions or ItsYourNet's Acceptable Usage
Guidelines, Anti-Spam Policy, or is otherwise harmful to
ItsYourNet's interests or the interests of other accountholders.
3.c You may only
use ItsYourNet's services for lawful purposes, in compliance
with all applicable laws including copyright and trademark law.
Unlawful activities include storing, distributing or
transmitting any unlawful material through ItsYourNet services,
attempting to compromise the security of any Internet account or
site, or making direct threats of physical harm.
3.d When
ItsYourNet becomes aware of possible violations of this
Agreement, ItsYourNet may, in its sole discretion, choose to
suspend accounts involved in a violation and/or remove the
material involved from its servers. If ItsYourNet believes, in
its sole discretion, that a violation of this Agreement has
occurred, it may temporarily or permanently remove material from
ItsYourNet servers, cancel newsgroup posts, warn the
accountholder(s) involved, suspend or terminate the account(s)
responsible, and take other responsive action. ItsYourNet, in
its sole discretion, will determine what action will be taken in
response to a violation on a case-by-case basis. Violations of
this Agreement could also subject you to criminal or civil
liability.
4. Payment of Fees
4.a A list of
current monthly fees for ItsYourNet services can be found on the
Internet at http://www.ItsYourNet.com.
4.b ItsYourNet
will begin providing services to you after it receives payment
for services.
4.c Your
ItsYourNet account will be considered delinquent if payment has
not been received by the due date. ItsYourNet, in its sole
discretion, may suspend, archive, or purge from the system any
account that is delinquent for more than 10 days. Accounts
continue to accrue charges until canceled, even if the account
is not used by the accountholder. You acknowledge responsibility
for any account you have opened until payment in full is made.
4.d ItsYourNet
reserves the right to charge a service reconnection fee to
reinstate suspended accounts.
4.e The maximum
service charge for each returned check will be sought by our
Check Underwriter, and there is a $50.00 service charge for
recovery of credit card and debit card charge back.
4.f Any
outstanding account balance owed to ItsYourNet is subject to
monthly charges of 1.5% of the accumulative balance owed and
will be added to any balance owed on a monthly basis.
5. Miscellaneous
5.a This
Agreement will be governed by and construed in accordance with
the laws of the State of Texas, excluding its conflict of laws
principles, and the parties' consent to exclusive personal
jurisdiction of and venue in a court of competent jurisdiction
located in and serving Parker County, Texas.
5.b Section 1 and
your obligation to pay amounts due under this Agreement will
survive termination of this Agreement.
5.c If any
provision of this Agreement is held to be unenforceable for any
reason, such provision shall be reformed only to the extent
necessary to effect the original intentions of the parties, and
the remainder of this Agreement shall remain in full force and
effect.