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1. 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.

2. 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.

3. 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.

4. 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.

5. Accuracy of materials

The materials appearing on MyVariety’s website could include technical, typographical, or photographic errors. MyVariety does not warrant that any of the materials on its website are accurate, complete or current. MyVariety may make changes to the materials contained on its website at any time without notice. However MyVariety does not make any commitment to update the materials.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. 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.

14. 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 – System Administration 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.

15. Uptime Service Level Agreement (SLA)

  • We provide a 99.9% uptime SLA on our website 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.

16. 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.

17. Abuse

To report abuse on MyVariety’s network, email abuse@myvariety.net.
Any abuse complaints regarding a service of yours will be forwarded to you and will require immediate attention. We may suspend your services until abuse reports have been resolved. If an abuse report is found in favor of the reporter, your services may be terminated.

Last Updated: June 10, 2019

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: Game Servers

No game server shall exceed a full CPU core (1.0 load average) or more for an extended period of time. An extended period of time will generally mean one (1) hour, but will depend upon the load average and level of impact on other customers sharing the physical server. Disruptive load may result in a reboot, shutdown, and/or suspension of the service.

Game servers should only store data related to the game. They are not meant for storing personal files, backups, etc. If your storage usage becomes disruptive to other game servers on the same node we have the right to suspend your service until a resolution is reached.

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: June 10, 2019