MyVariety Legal


By using our services, you are agreeing to our Terms of Service, Acceptable Use Policy, Privacy Policy, and Cookie Policy.

Terms of Service

Terms
By accessing the website at https://www.myvariety.net, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
Use License
  1. When using this websites particular services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. These other agreements include our Privacy Policy and Acceptable Use Policy.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by MyVariety at any time. Upon terminating your services or upon the termination of this license, you will no longer have access to any services provided through MyVariety.
Disclaimer
  1. The materials on MyVariety's website are provided on an 'as is' basis. MyVariety makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
  2. Further, MyVariety does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
Limitations
In no event shall MyVariety or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on MyVariety's website, even if MyVariety or a MyVariety authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Links
MyVariety has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by MyVariety of the site. Use of any such linked website is at the user's own risk.
Modifications
MyVariety may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Kentucky and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.
Late Payments

Invoices will normally be due 7 days after creation.

After 7 days, overdue notices start. There will be three notifications of overdue payment, one each day for 3 days. After the third notice, all active services get suspended and the client will not be able to purchase any additional services until their overdue balance is paid off.

For clients that make a habit out of overdue payments, we may increase rates and remove their eligibility for any discounts. We also may refuse to provide them services.

Refunds
If you are not satisfied with your service in the first 10 days after payment is received on our end, you have the option to request a full refund. Refunds MUST be requested via ticket, from your account. Simply filing a cancellation request will not suffice, as all that does is cancel any future invoices.
  • All refunds will be provided as credit or via the original payment method at our discretion.
  • All refunds are subject to investigation by MyVariety to determine their legitimacy. We reserve the right to deny a refund if investigation proves it is an illegitimate request.
  • Once a refund is issued, any associated services will be terminated.
  • Each client is only eligible to claim our 10 day refund once per service.
  • The client will be asked to confirm their refund request. If they do not confirm within 48 hours, eligibility to claim is lost.
  • Any client found to be creating multiple accounts in order to claim a 10 day refund multiple times will be denied the refund.
Chargebacks
If at any time a chargeback creates a fee for MyVariety, the customer is responsible for paying the fee and may be billed for such. Unpaid chargeback fees may be outsourced to a collection agency. Creating a chargeback will result in suspension of all services until chargeback is cancelled, and void any refund eligibility.
Affiliates

Affiliates will earn a commission of 10% for each customer they refer. There is a delay of 30 days before the commission is added to your account, this is to prevent fraud. Before you can make a withdrawal, you will need to have accumulated $25 in commissions.

Affiliate withdrawals are made to your credit balance. Withdrawals made to your PayPal are made at our discretion only.

At any time we may investigate your affiliate account to ensure you're operating in accordance with our terms. We may require you to answer some questions before a withdrawal is issued. Failure to answer honestly may result in balance reset and/or account termination. Any attempts to exploit the affiliate system may result in balance reset and/or account termination. Failure to comply with these terms may result in balance reset and/or account termination.

Free Services
Occasionally we may supply a free service. A free service is owned by MyVariety, not the user/third party. We reserve the right to do whatever we want with that service and can terminate it at any point for any or no reason at all.
Promotions
Promotions/coupons are generally limited to one per client. Creating multiple client accounts in order to bypass this is prohibited. We reserve the right to suspend the service on the duplicate account(s) and invoice the amount discounted off before unsuspending the service.
Data Loss

Data Loss - Hosting Services

You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on MyVariety's servers. Any and all backup services provided by MyVariety, whether paid or not, are offered with no warranty or guarantee of their date, accuracy, and integrity. MyVariety shall by no means be responsible for data loss.

Data Loss - IT Services

Before we make any changes to a system, we will do a full backup of it's current state. We will keep this backup for at least 1 week after the changes have been made to the system, that way if any issues arise we can restore the backup. We are not liable for:
  • Data lost before our backup due to reasons out of our control.
  • Data lost due to a backup becoming corrupt due to reasons out of our control.
Uptime Service Level Agreement (SLA)
  • We provide a 99.9% uptime SLA on our web hosting services.
  • We provide a 99.9% uptime SLA on our game server hosting services.
When downtime exceeds the aforementioned SLA clauses, your account will be credited for the time that you lost. You must request the compensation via ticket within 7 days of the event. Planned system maintenance or downtime does not count toward our uptime SLA. Downtime can only consist of unplanned physical node downtime. The inability to connect because of your own connection issues is not our responsibility.
Account Information

All clients must provide and maintain correct billing information, including full name, accurate billing address, email address, and phone number. All information is used only for transaction purposes and never shared. Please refer to our Privacy Policy for any questions as to how your information is handled.

We reserve the right to suspend, terminate, or otherwise deny you service if you fail to provide accurate and complete billing information.

Last Updated: July 6, 2021

Acceptable Use Policy

Prohibited Uses
You shall use MyVariety's services only for lawful purposes. Transmission, storage, or presentation of any information, data, or material in violation of the laws of the State of Kentucky or the United States is prohibited. This includes, but is not limited to:
  • Child Pornography - Hosting, Distributing, or Linking to Pornography Involving a Person Under Legal Age
  • Copyright Infringement - Hosting, Distributing, or Linking to Copyright Infringed Materials
  • DoS/DDoS Facilitation - Source of (Distributed) Denial of Service Attack
  • Forgery - Faking an IP Address, Hostname, E-Mail Address, or Header
  • Fraud Site - Hosting or Linking to a Website Intended to Deceive the Public.
  • Identity Theft - Hosting, Distributing, or Linking to Stolen Account Identification Information
  • Infection - Hosting, Distributing, or Linking to Exploits, Trojans, Viruses, or Worms
  • Phishing - Identity Theft by Email Under False Pretense
  • Spam Email - Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE)
  • Spam List - Hosting, Distributing, or Linking to Email Address Lists for Spam
  • Spam Site - A Site Advertised by Spam Email or Spam Web
  • Spam Ware - Hosting, Distributing, or Linking to Software Designed for Spamming
  • Spamhaus - Spam Causing Blacklisting of an IP at www.spamhaus.org for Malicious Activity
  • Terrorist Site - Hosting or Linking to a Site Advocating Terrorism
  • Toolz - Hosting, Distributing, or Linking to Tools or Instructional Material on Hacking/Cracking or Other Illegal Activity
  • Trademark - Hosting, Distributing, or Linking to Trademark Infringed Materials
  • Warez - Hosting, Distributing, or Linking to Crackz, Hackz, KeyGenz, Serialz, or Pirated Software
  • Any other material MyVariety judges to be threatening or obscene.
Fair Usage: Web Hosting

Web hosting packages should only store data related to the website(s)/email(s)/database(s). They are not meant for storing backups or mass data storage. If your storage usage becomes disruptive to other customers on the same machine we have the right to suspend your service until a resolution is reached.

No more than 5 GB of a web hosting account can be used to store any archive or backup containing the complete contents and structure of a data storage medium.

MyVariety reserves the right to determine any kind of unfair or inappropriate usage of any content which may result in immediate account suspension. We may require you to upgrade your package in order to continue using our service if your usage becomes too demanding.

Last Updated: July 6, 2021

Privacy Policy

Your Privacy
Your privacy is important to us. It is MyVariety's policy to respect your privacy regarding any information we may collect from you across our website, https://www.myvariety.net, and other sites we own and operate.
Information we collect

Log data

When you visit our website, our servers may automatically log the standard data provided by your web browser. It may include your computer’s Internet Protocol (IP) address, your browser type and version, the pages you visit, the time and date of your visit, the time spent on each page, and other details.

Device data

We may also collect data about the device you’re using to access our website. This data may include the device type, operating system, unique device identifiers, device settings, and geo-location data. What we collect can depend on the individual settings of your device and software. We recommend checking the policies of your device manufacturer or software provider to learn what information they make available to us.

Personal information

We may ask for personal information, such as your:
  • Name
  • Email
  • Social media profiles
  • Date of birth
  • Phone/mobile number
  • Home/Mailing address
  • Work address
  • Website address
  • Payment information
  • Driver's licence details
  • Passport number
  • Tax/SSN/Medicare/etc. number

Business data

Business data refers to data that accumulates over the normal course of operation on our platform. This may include transaction records, stored files, user profiles, analytics data and other metrics, as well as other types of information, created or generated, as users interact with our services.

2. Legal bases for processing

We will process your personal information lawfully, fairly and in a transparent manner. We collect and process information about you only where we have legal bases for doing so. These legal bases depend on the services you use and how you use them, meaning we collect and use your information only where:
  • it’s necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract (for example, when we provide a service you request from us);
  • it satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote our services, and to protect our legal rights and interests;
  • you give us consent to do so for a specific purpose (for example, you might consent to us sending you our newsletter); or
  • we need to process your data to comply with a legal obligation.
Where you consent to our use of information about you for a specific purpose, you have the right to change your mind at any time (but this will not affect any processing that has already taken place). We don’t keep personal information for longer than is necessary. While we retain this information, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorised access, disclosure, copying, use or modification. That said, we advise that no method of electronic transmission or storage is 100% secure and cannot guarantee absolute data security. If necessary, we may retain your personal information for our compliance with a legal obligation or in order to protect your vital interests or the vital interests of another natural person.

No more than 5 GB of a web hosting account can be used to store any archive or backup containing the complete contents and structure of a data storage medium.

Log data

When you visit our website, our servers may automatically log the standard data provided by your web browser. It may include your computer’s Internet Protocol (IP) address, your browser type and version, the pages you visit, the time and date of your visit, the time spent on each page, and other details.

Device data

We may also collect data about the device you’re using to access our website. This data may include the device type, operating system, unique device identifiers, device settings, and geo-location data. What we collect can depend on the individual settings of your device and software. We recommend checking the policies of your device manufacturer or software provider to learn what information they make available to us.

Personal information

We may ask for personal information, such as your:
  • Name
  • Email
  • Social media profiles
  • Date of birth
  • Phone/mobile number
  • Home/Mailing address
  • Work address
  • Website address
  • Payment information
  • Driver's licence details
  • Passport number
  • Tax/SSN/Medicare/etc. number

Business data

Business data refers to data that accumulates over the normal course of operation on our platform. This may include transaction records, stored files, user profiles, analytics data and other metrics, as well as other types of information, created or generated, as users interact with our services.

2. Legal bases for processing

We will process your personal information lawfully, fairly and in a transparent manner. We collect and process information about you only where we have legal bases for doing so. These legal bases depend on the services you use and how you use them, meaning we collect and use your information only where:
  • it’s necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract (for example, when we provide a service you request from us);
  • it satisfies a legitimate interest (which is not overridden by your data protection interests), such as for research and development, to market and promote our services, and to protect our legal rights and interests;
  • you give us consent to do so for a specific purpose (for example, you might consent to us sending you our newsletter); or
  • we need to process your data to comply with a legal obligation.
Where you consent to our use of information about you for a specific purpose, you have the right to change your mind at any time (but this will not affect any processing that has already taken place).

We don’t keep personal information for longer than is necessary. While we retain this information, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use or modification. That said, we advise that no method of electronic transmission or storage is 100% secure and cannot guarantee absolute data security. If necessary, we may retain your personal information for our compliance with a legal obligation or in order to protect your vital interests or the vital interests of another natural person.

Collection and use of information
We may collect, hold, use and disclose information for the following purposes and personal information will not be further processed in a manner that is incompatible with these purposes:
  • to provide you with our platform's core features;
  • to process any transactional or ongoing payments;
  • to enable you to access and use our website, associated applications and associated social media platforms;
  • to contact and communicate with you;
  • for internal record keeping and administrative purposes;
  • for analytics, market research and business development, including to operate and improve our website, associated applications and associated social media platforms;
  • to run competitions and/or offer additional benefits to you;
  • for advertising and marketing, including to send you promotional information about our products and services and information about third parties that we consider may be of interest to you;
  • to comply with our legal obligations and resolve any disputes that we may have; and
  • to consider your employment application.
Disclosure of personal information to third parties
We may disclose personal information to:
  • third party service providers for the purpose of enabling them to provide their services, including (without limitation) IT service providers, data storage, hosting and server providers, ad networks, analytics, error loggers, debt collectors, maintenance or problem-solving providers, marketing or advertising providers, professional advisors and payment systems operators;
  • our employees, contractors and/or related entities;
  • sponsors or promoters of any competition we run;
  • credit reporting agencies, courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
  • courts, tribunals, regulatory authorities and law enforcement officers, as required by law, in connection with any actual or prospective legal proceedings, or in order to establish, exercise or defend our legal rights;
  • third parties, including agents or sub-contractors, who assist us in providing information, products, services or direct marketing to you; and
  • third parties to collect and process data.
International transfers of personal information
The personal information we collect is stored and processed in Canada and United States, or where we or our partners, affiliates and third-party providers maintain facilities. By providing us with your personal information, you consent to the disclosure to these overseas third parties. We will ensure that any transfer of personal information from countries in the European Economic Area (EEA) to countries outside the EEA will be protected by appropriate safeguards, for example by using standard data protection clauses approved by the European Commission, or the use of binding corporate rules or other legally accepted means. Where we transfer personal information from a non-EEA country to another country, you acknowledge that third parties in other jurisdictions may not be subject to similar data protection laws to the ones in our jurisdiction. There are risks if any such third party engages in any act or practice that would contravene the data privacy laws in our jurisdiction and this might mean that you will not be able to seek redress under our jurisdiction’s privacy laws.

6. Your rights and controlling your personal information

Choice and consent: By providing personal information to us, you consent to us collecting, holding, using and disclosing your personal information in accordance with this privacy policy. If you are under 16 years of age, you must have, and warrant to the extent permitted by law to us, that you have your parent or legal guardian’s permission to access and use the website and they (your parents or guardian) have consented to you providing us with your personal information. You do not have to provide personal information to us, however, if you do not, it may affect your use of this website or the products and/or services offered on or through it. Information from third parties: If we receive personal information about you from a third party, we will protect it as set out in this privacy policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us. Restrict: You may choose to restrict the collection or use of your personal information. If you have previously agreed to us using your personal information for direct marketing purposes, you may change your mind at any time by contacting us using the details below. If you ask us to restrict or limit how we process your personal information, we will let you know how the restriction affects your use of our website or products and services. Access and data portability: You may request details of the personal information that we hold about you. You may request a copy of the personal information we hold about you. Where possible, we will provide this information in CSV format or other easily readable machine format. You may request that we erase the personal information we hold about you at any time. You may also request that we transfer this personal information to another third party. Correction: If you believe that any information we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to correct any information found to be inaccurate, incomplete, misleading or out of date. Notification of data breaches: We will comply laws applicable to us in respect of any data breach. Complaints: If you believe that we have breached a relevant data protection law and wish to make a complaint, please contact us using the details below and provide us with full details of the alleged breach. We will promptly investigate your complaint and respond to you, in writing, setting out the outcome of our investigation and the steps we will take to deal with your complaint. You also have the right to contact a regulatory body or data protection authority in relation to your complaint. Unsubscribe: To unsubscribe from our e-mail database or opt-out of communications (including marketing communications), please contact us using the details below or opt-out using the opt-out facilities provided in the communication.
Cookies
We use “cookies” to collect information about you and your activity across our site. A cookie is a small piece of data that our website stores on your computer, and accesses each time you visit, so we can understand how you use our site. This helps us serve you content based on preferences you have specified. Please refer to our Cookie Policy for more information.
Business transfers
If we or our assets are acquired, or in the unlikely event that we go out of business or enter bankruptcy, we would include data among the assets transferred to any parties who acquire us. You acknowledge that such transfers may occur, and that any parties who acquire us may continue to use your personal information according to this policy.
Limits of our policy
Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and policies of those sites, and cannot accept responsibility or liability for their respective privacy practices.
Changes to this policy
At our discretion, we may change our privacy policy to reflect current acceptable practices. We will take reasonable steps to let users know about changes via our website. Your continued use of this site after any changes to this policy will be regarded as acceptance of our practices around privacy and personal information. If we make a significant change to this privacy policy, for example changing a lawful basis on which we process your personal information, we will ask you to re-consent to the amended privacy policy.
MyVariety Data Controller
Cody Knudson cody@myvariety.net
MyVariety Data Protection Officer
Cody Knudson cody@myvariety.net
Last Updated: July 6, 2021
Contact Us