Welcome to www.myinfo.ie (hereafter “myinfo”), a product owned and operated by Jovian Ltd.
By using the myinfo website you agree to be bound by the Terms and Conditions set out herein, which constitute a legally binding agreement, and includes any future amendments made hereto which may be applied. The User is advised to refer back to this section intermittently to review any such amendments which will be highlighted.
CONDITIONS OF USE OF www.myinfo.ie
2. Upon joining/subscribing to the site, each User will be allocated a unique user name and password for the authorized use of the User only. These details are not transferable, and the User shall keep them strictly confidential and secure. A single login shared by multiple people is not permitted. The User is responsible for maintaining the security of his/her account and password. Jovian Ltd cannot be held liable if the User’s account is used by another User where this occurs through breach of confidentiality on behalf of the User. The User should notify Jovian Ltd immediately if any unauthorized use of his/her account comes to his/her attention.
3. Jovian Ltd, at its sole discretion, reserves the right to prohibit access by person(s) to www.myinfo.ie if they are found to be in breach of these Terms and Conditions, at which time the agreement will terminate. Please note that Jovian Ltd. may terminate your account without notice and without refund for any breach of these Terms.
4. The User may download the reports/graphs electronically; print extracts and make copies of these for his/her own personal and non-commercial use only. This does not include downloading, storing, transmitting, displaying, copying or distributing the material, in whole or in part, in a structured manner or creating a database in any form comprising all or part of the material.
5. Anyone may become a User of myinfo at no cost (Basic User). As a Basic User, you will be able to use some but not all of the features and services available.
6. In order to access additional features and services such as creating a site, you must become a paying member to the service and will be subject to the additional terms and conditions under the Subscriptions section below.
7. Sites/domain names paid by Cheque or Bank Transfer will NOT be processed or Registered until payment is received. Please note that this can result in your chosen domain name being registered by someone else while we await your payment. Your domain name on www.myinfo.ie is not registered until you receive confirmation of registration.
8. Registration / Renewal is pursuant to acceptance of all charges as listed. All prices are displayed inclusive of the relevant Irish VAT rate.
9. Ordering our services and accessing your account is deemed acceptance of these Terms & Conditions and our Acceptable Use Policies.
10. We do not allow Warez, illegal MP3 content, Pornographic content or IRC Bots.
11. Your myinfo domain name (myinfo web address) remains at all times the property of Jovian Ltd. and cannot be transferred away from Jovian Ltd.
12. Data stored on our servers is not guaranteed to be backed up. It is recommended that you keep an independent backup of all data stored on your server. Jovian Ltd. accept no responsibility for any loss of data, however incurred.
13. We shall not be held liable for any loss or damages caused by the use or misuse, unavailability or removal of services.
14. When your account is closed, all files (including web pages, etc.) will be deleted.
15. We reserve the right to amend and update these Terms and Conditions at any time without notice.
16. This Agreement is personal to you and your rights and obligations hereunder may not be assigned, leased, transferred or otherwise disposed of by you without the prior written consent of Jovian Ltd. or its successors or assignees.
17. Jovian Ltd. shall be entitled to transfer, assign, or dispose of its rights and obligations under this agreement to any third party without the requirement for any further consent from or notice to you and this Agreement shall continue to have effect as if references to Jovian Ltd. were references to the relevant transferee or assignee as appropriate.
19. myinfo Credits. Each month during your Subscription Period, the User may be entitled to a certain allocation of myinfo Credits. The User may use these Credits to avail of certain myinfo tools and services. If the credits have a time restriction, then the User must use the credits in the allocated time as any unused credits will not carry-over. Credits cannot be transferred, redeemed or exchanged.
20. Payment. A valid credit card is required to subscribe to the service. The User agrees to pay Jovian Ltd all applicable charges at the prices then in effect .
21. Service. The User is entitled to receive the service only during the paid subscription period as specified on the User’s billing details.
22. Auto-renewal. The User’s myinfo subscription will be automatically extended for successive renewal periods of the same duration as the original subscription term unless cancelled by the User. Jovian Ltd reserves the right to renew a subscription at the full applicable subscription price in effect at each subsequent renewal period.
23. Change in Amount Authorized. If the amount to be charged to the User’s billing account varies from the amount initially pre-authorized, the User will be contacted by email (as per the User’s myinfo account).
24. Promotions. Any promotion that provides Member-level access to the service must be used within the specified time. A User must cancel his/her subscription before the end of the trial period in order to avoid being charged a subscription fee.
25. Cancellations. The customer is responsible for all charges until a written cancellation request is received by standard mail or scanned letter (sent via email), signed by the account holder/ administrative contact for that account.
27. In the event that Jovian Ltd. terminates your account for violation of these terms and conditions you will not be entitled to the return of any fees paid with respect to any such terminated account service.
28. You may cancel your account at any time. Once you cancel at least 10 calendar days before the next billing period, you will not be charged. No refunds are provided for cancellation.
30. You will be responsible for the content of your pages, including obtaining the legal permission for any works they include and ensuring that the contents of these pages do not violate Irish or European law. It is the responsibility of the User to ensure that copywright is not infringed for any content (including images) loaded to the Users site.
31. You will be held responsible for and accept responsibility for any defamatory, confidential, secret or other proprietary material available via your page(s).
32. We reserve the right to suspend a myinfo site without prior notice, where a site is in breach of our Terms and Conditions or our AUP or can be classed as illegal in any way.
33. Customer may not use myinfo sites to create, host or transmit any unlawful, libellous, abusive, offensive, vulgar or obscene material or engage in activities deliberately calculated to cause unreasonable offence to others.
36. The User shall indemnify Jovian Ltd against all costs, claims, demands or expenses incurred by, or made against, Jovian Ltd. as a result of any breach of these Terms and Conditions by the User, howsoever arising.
37. To the extent permitted by law, Jovian Ltd, its employees, agents or representatives shall have no liability whatsoever to the User for any direct, indirect or consequential loss or damage, cost or expense, suffered or incurred by the User (whether arising in tort, contract, negligence, infringement of copyright or other intellectual rights) caused by use of myinfo, other than from the wilful negligence of Jovian Ltd, its employees, agents or representatives as proven in a court of law.
38. Jovian Ltd shall not be liable for the content, accuracy, integrity, lawfulness or otherwise of information on websites over which Jovian Ltd has no control but which may be referenced or accessible through myinfo;
39. Although every care is taken in the preparation of information supplied by myinfo. myinfo does not purport to provide advice and is not responsible for any loss suffered as a result of any action taken or refrained from being taken as a result of any information contained in myinfo.
41. Jovian Ltd does not provide any warranties that the content of myinfo is free of infection by computer viruses or other contamination.
42. Jovian Ltd and its agents or representatives do not endorse nor provide any warranties in respect of any third party products or services by virtue of any advertisement, information, material or content referred to, or included on, or linked from or to myinfo.
44. All information/materials other than submitted by Users on myinfo is the property of Jovian Ltd. Reproduction of any proprietary information without Jovian Ltd’s express permission in writing is prohibited. To request such permission Users should email myinfo: firstname.lastname@example.org
45. myinfo grants permission to anyone interested in re-publishing from our blog content on the condition that myinfo receives written credit and the User puts in place an electronic link to the original content. If you are interested in reproducing or using such blog content in any way, please contact myinfo: email@example.com
46. Jovian Ltd shall not be liable for the infringement of intellectual property rights of third parties, where such infringement occurs through the addition of information to myinfo by way of reference, discussion, blogging etc. by any User or external third party. Any such infringement should be notified to Jovian Ltd immediately and remedial steps will be taken as soon as practicable.
ACCEPTABLE USE POLICY
47. myinfo Acceptable Use Policy ("AUP") is provided to give our customers and users a clear understanding of what Jovian Ltd. expects of them while using the service. All users of myinfo: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our T&C’s (Terms and conditions).
48. Use of myinfo Service constitutes acceptance and agreement to myinfo’s AUP as well as myinfo's T&C’s (Terms and conditions).
The following are guidelines for the establishment and enforcement of the myinfo's AUP:
• Ensure reliable service to our customers
• Ensure security and privacy of our systems and network, as well as the networks and systems of others
• Comply with existing laws
• Maintain our reputation as a responsible service provider
• Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
• Preserve the value of Internet resources as a conduit for free expression and exchange of information
• Preserve the privacy and security of individual users
51. If a myinfo account is used to violate the Acceptable Use Policy or our T&C’s, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behaviour and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
52. We can remove any content or information from your site if we believe that it violates this AUP.
53. As a member of our network community, you must use your site access responsibly. If you have any questions regarding this policy, please contact us at firstname.lastname@example.org
54. The following constitute violations of this AUP:
myinfo's services may not be used for illegal purposes, or in support of illegal activities. myinfo reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
Use of the myinfo service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
Use of the myinfo service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.
• Harm to minors:
Use of the myinfo service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography. You will not use myinfo if you are a convicted sex offender.
• Fraudulent activity:
Use of myinfo service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."
• Forgery or impersonation:
Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
• Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) :
Use of the myinfo service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending myinfo account.
• E-mail / News Bombing:
Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending myinfo account.
• E-mail / Message Forging:
Forging any message header, in part or whole, of any electronic transmission, originating or passing through the myinfo service is in violation of this AUP.
• Unauthorized access:
Use of the myinfo service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of myinfo's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending myinfo account is subject to immediate termination.
• Copyright or trademark infringement:
Use of the myinfo service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
• Collection of personal data:
Use of the myinfo service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
• Network disruptions and unfriendly activity:
It is the Member's responsibility to ensure that their site is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their site, through action or inaction, to be configured in such a way that gives a third party the capability to use their site in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's site will result in immediate account termination. myinfo will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.
Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
• Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right:
Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
• Distribution of Viruses:
Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
• Inappropriate Use of Software:
Use of software or any device that would facilitate a continued connection, i.e. pinging, while using myinfo services could result in suspension service.
• Third Party Accountability:
myinfo subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.
• Any revenue resulting from advertisements anywhere on the myinfo site (main site or Users sites) will belong to Jovian Ltd.
• You understand that we may not always identify paid services and communications as such.
• In instances where we believe doing so will enhance the effectiveness of your advertising campaign, we may broaden the targeting criteria you specify.
• You will pay for your Orders in accordance with our Payments Terms. The amount you owe will be calculated based on our tracking mechanisms.
• Your ads will comply with our Guidelines.
• We will determine the size, placement, and positioning of your ads.
• We do not guarantee the activity that your ads will receive, such as the number of clicks you will get.
• We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.
• You can cancel your Order at any time through our online portal, but it may take up to 24 hours before the ad stops running. You are responsible for paying for those ads.
• Our license to run your ad will end when we have completed your Order. You understand, however, that if users have interacted with your ad, your ad may remain until the users delete it.
• You will not issue any press release or make public statements about your relationship with myinfo without written permission.
• We may reject or remove any ad for any reason.
• If you are placing ads on someone else's behalf, we need to make sure you have permission to place those ads, including the following: You warrant that you have the legal authority to bind the advertiser to this Statement. You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.
58. myinfo shall endeavour to provide constant, uninterrupted access to www.myinfo.ie but do not guarantee to do so and accept no responsibility or liability for any interruption or delay.