MyAKA.COM TERMS OF SERVICE
These Terms and Conditions of Service (the "Agreement") are entered into by and between the subscriber ("you," "your" or "Subscriber") and MyAKA.com, LLC, a California limited liability company ("MyAKA.com," "our," "us" or "we"). Please be aware that, any of the following actions, without limitation or qualification, constitutes your acceptance and agreement to be bound by and to comply with all of the terms and conditions of service of this Agreement:
1. SERVICE. MyAKA.com will provide you with limited text messaging, voice services and technical support as described on our website, subject to the Pricing Plan for your Services and the terms and conditions set forth herein (the "Service"). The Service also includes assignment of a private phone number (the "Service Number") for your exclusive use until your Service is discontinued pursuant to this Agreement. You understand that that the Service Number belongs to MyAKA.com and you are licensing it solely for the duration of your Service. MyAKA.com retains all ownership rights over the Service Number. You shall have no rights relating to the Service Number following termination of your Service.
2. PRIMARY WIRELESS PHONE SERVICE REQUIRED. Your use of the Service requires you to maintain separate wireless phone service (your "Primary Wireless") with a separate wireless phone service provider (your "Primary Provider"). The Service requires your Primary Wireless to operate. When you access the Service to send text messages or place or receive voice calls, the Service is using your Primary Wireless. Accordingly, you understand that if any such service is not available through your Primary Wireless, then the Service will not operate. You are solely responsible for maintaining your Primary Wireless with your Primary Provider. In the event that your Primary Wireless is not available, you will not receive any refund or credit from MyAKA.com. MyAKA.com makes no representations or warranties with respect to your Primary Wireless or your Primary Provider and you agree that MyAKA.com shall have no liability with respect thereto. All charges under this Agreement for the Service are in addition to any amounts you pay your Primary Provider for your Primary Wireless. You agree to provide us with current information relating to your Primary Wireless and your Primary Provider at all times.
3. EMERGENCY SERVICES - MYAKA.COM DOES NOT PROVIDE 911 SERVICE. MYAKA.COM OFFERS NO SERVICE RELATING TO LOCAL EMERGENCY RESPONSE CENTERS, THE NATIONAL EMERGENCY CALLING CENTER OR ANY OTHER 911 SERVICE ("911 SERVICE"). YOU UNDERSTAND AND AGREE THAT YOU DO NOT EXPECT MYAKA.COM TO PROVIDE ANY 911 SERVICE OR ACCESS TO ANY 911 SERVICE. YOU AGREE TO USE YOUR PRIMARY WIRELESS OR OTHER PHONE SERVICES AVAILABLE TO YOU FOR 911 SERVICE. NEITHER MYAKA.COM NOR ANY OF ITS OFFICERS, DIRECTORS, MEMBERS OR EMPLOYEES MAY BE HELD LIABLE FOR ANY CLAIM, DAMAGE, OR LOSS, AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION, ARISING FROM OR RELATING TO ANY 911 SERVICE. BY AGREEING TO THESE TERMS OF SERVICE AND BY YOUR USE OF THE SERVICE, YOU ACKNOWLEDGE AND ACCEPT THAT THE SERVICE DOES NOT INCLUDE 911 SERVICE. YOU REPRESENT AND WARRANT TO MYAKA.COM THAT YOU ALREADY HAVE MADE ADDITIONAL ARRANGEMENTS WITH A THIRD PARTY TO ACCESS 911 SERVICE.
4. SUBSCRIBER INFORMATION. You acknowledge that you are eighteen (18) years of age or older, and you agree that you have the legal authority to enter into this Agreement and affirm that the information you supply to us is correct and complete. You understand that MyAKA.com relies on the information you supply and that providing false or incorrect information may result in Service delays or the suspension or termination of your Service. You agree to promptly notify MyAKA.com whenever your personal or billing information changes, including without limitation, your name, address, telephone number, and credit card number and expiration date, if applicable. You agree to keep all such information current in the profile section of your online Subscriber account (your "Online Account") located on our website at https://secure.myaka.com/member/account
5. GENERAL PRICING AND FEES. MyAKA.com's prices are shown in the Pricing Schedule on MyAKA.com's website and you will be charged based on the Plan and Options you select during the ordering process. However, prices are subject at any time to increase to MyAKA.com's then current prices. From time to time MyAKA.com may offer promotional packages to entice new customers to join. Unless otherwise stated, these promotional packages are not valid for existing customers. In addition to regular fees set forth in the Pricing Schedule, you agree to pay all other charges, including but not limited to network usage, applicable taxes, fees and surcharges, including charges imposed against MyAKA.com by third party providers that it passes on to you. The taxes and surcharges may vary on a monthly basis and may change at any time without notice; any variations will be reflected in your monthly charge. When possible, MyAKA.com will break out such charges on your Online Account.
6. PAYMENT, LATE FEES AND OTHER CHARGES. There is no money back guarantee for any Services unless specifically written in a special one-time promotion. There are no pro-rated refunds for unused time. All services will be charged via automatic credit card withdrawal. Unless otherwise stated in the Pricing Schedule, MyAKA.com will charge Subscribers monthly and post all charges to your Online Account. Subscribers are responsible for paying monthly subscription fees while Services are suspended due to non-payment. In the event that an account is terminated for any reason with an outstanding balance, MyAKA.com will continue to electronically charge the credit card on file for the outstanding balance until all balances are fully resolved. All disconnected accounts and all accounts suspended for non-payment are subject to a fifty dollar ($50) reconnection fee. Any requests for a change in telephone number are subject to a thirty dollar ($30) change fee. Subscribers are responsible for any disputed charges beyond sixty (60) days from the date of the charge. Any account which goes into collection status will be transferred to a collection agency and incur a fifty dollar ($50) processing fee and all other applicable fees and charges. Subscribers must pay a fifty dollar ($50) service charge on disputed credit cards and credit card chargebacks. Past due accounts will accrue a monthly charge of three percent (3%) of the past due balance or one dollar ($1.00), whichever is greater.
7. TERM. This Agreement is effective upon Subscriber's acceptance as provided above and shall continue until terminated by Subscriber or MyAKA.com pursuant to this Agreement. Each Subscriber is on automatically renewing monthly terms billed on the monthly anniversary of their service commencement.
8. TERMINATION BY SUBSCRIBER. Subscriber may terminate this Agreement at any time for any reason by providing MyAKA.com with a thirty (30) day written notice in the form of a valid written termination request and paying all fees and other charges accrued or otherwise payable under the terms of this Agreement. Initial charges, including first month service and shipping and handling charges, if any, are non-refundable immediately upon submission of an order. Such thirty (30) day period begins on the date on which MyAKA.com receives Subscriber's valid written termination request. A Subscriber's termination will be effective on the later of (a) the end of last day of the calendar month during which such thirty (30) day period ends (e.g., a valid written termination request received by MyAKA.com any time during January will result in termination effective at the end of February) or (b) the end of last day of the calendar month requested by the Monthly Subscriber. Notwithstanding the foregoing provisions of this section 8, if MyAKA.com receives a written termination request from a Subscriber, MyAKA.com may, in its sole discretion, terminate this Agreement on a date earlier than the date otherwise prescribed by this section 8. MyAKA.com does not monitor Subscriber accounts for activity, and absence of activity or cancellation of a Subscriber's Primary Wireless will never constitute a termination request. A written termination request is valid only if it is submitted through your Online Account as directed on our website.
9. TERMINATION BY MYAKA.COM. If, in MyAKA.com's sole and absolute discretion, (a) a Subscriber is in breach of any of the terms of this Agreement (including but not limited to the Acceptable Use Policy); (b) a Subscriber's use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, MyAKA.com's servers or other equipment, or the use and enjoyment of other users; (c) a Subscriber acts in an abusive or menacing manner when dealing with MyAKA.com's technical support staff, customer service staff or any other MyAKA.com employees or representatives; (d) MyAKA.com receives an order from a court of competent jurisdiction to terminate a Subscriber's Service; or (e) MyAKA.com for any reason ceases to offer the Service, then MyAKA.com at its sole election may terminate or suspend such Subscriber's Service immediately without notice. For a termination in accordance with this paragraph, Subscriber remains liable for all unpaid fees and other charges accrued or otherwise payable under the terms of this Agreement.
10. TERMINATED SUBSCRIBER. MyAKA.com, in its sole and absolute discretion may refuse to accept a Subscriber's application for renewal or re-subscription following a termination or suspension of such Subscriber's use of the Service. If a Subscriber's Service is terminated for any reason, such Subscriber, upon approval by MyAKA.com, may enter into a new Agreement and must pay a new setup or activation fee as provided above. Upon the termination of a Subscriber's use of the Service, MyAKA.com has the right to immediately delete all data, files and other information stored in or for the Subscriber's account without further notice to the Subscriber.
11. TECHNICAL SUPPORT. MyAKA.com will provide you with 24-hour technical support through phone support and/or online support. MyAKA.com assumes that all Subscribers possess a basic understanding of their wireless phones, computers and their limitations. MyAKA.com will not train you in basic phone or computer skills (e.g., deleting files or creating directories). Technical support is intended to facilitate the setup of your properly functioning phone for access to our Services. Your Primary Wireless must be working and your computer must have an active working connection to the internet before any technical support will be dispensed. If you are having problems your Primary Wireless or connecting to the internet, you will need to contact your Primary Provider or Internet Service Provider (ISP) for assistance getting connected first. Our technical support staff is not trained to, has no obligation to, and will not assist you in installing and/or troubleshooting wireless phones, modems, network cards, routers, complex network configurations or telephone lines, neither will they provide any technical assistance or support for any third party Software. MyAKA.com is not responsible for connection problems due to a computer that is infected with viruses, spyware or malware. It is the Subscriber's responsibility to initiate and be available for technical support during MyAKA.com's hours of operation. If a Subscriber wishes to utilize MyAKA.com's technical support, the Subscriber must be available at the same location as the hardware to help troubleshoot the connection or computer setup. MyAKA.com assumes no obligation to provide support services for any third party products or services, including but not limited to your Primary Wireless, the quality of the connection provided by the Internet Service Provider (ISP) or for problems with our service caused by your Primary Provider or other third party products or services. It is the responsibility of the Subscriber to troubleshoot any issues with your Primary Wireless, your Primary Provider, third party products and/or third party services with the provider of that service. MyAKA.com does not provide on-site technical support.
12. WARRANTIES AND LIMITATIONS OF LIABILITY.
12.1 YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE AND SOFTWARE SUPPLIED HEREUNDER ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH IN ANY MANUFACTURER WARRANTY FOR ANY SOFTWARE PROVIDED BY MYAKA.COM (BUT ONLY IF SUCH WARRANTY IS INCLUDED WITH SUCH SOFTWARE). MYAKA.COM (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES FOR THE SERVICE AND SOFTWARE WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE, COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION GIVEN BY MYAKA.COM OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF MYAKA.COM TECHNICAL SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED.
12.2 MYAKA.COM DOES NOT WARRANT OR GUARANTEE THAT THE SERVICE CAN BE PROVISIONED TO WORK WITH YOUR PRIMARY WIRELESS, OR THAT PROVISIONING WILL OCCUR ACCORDING TO A SPECIFIED SCHEDULE, EVEN IF MYAKA.COM HAS ACCEPTED YOUR ORDER FOR THE SERVICE. THE PROVISIONING OF YOUR SERVICE IS SUBJECT TO CIRCUIT AVAILABILITY AND OTHER FACTORS. IN THE EVENT YOUR SERVICE IS NOT PROVISIONED FOR ANY REASON, NEITHER YOU NOR MYAKA.COM SHALL HAVE ANY DUTIES OR OBLIGATIONS UNDER THIS AGREEMENT.
12.3 MYAKA.COM DOES NOT WARRANT THAT THE SERVICE OR SOFTWARE PROVIDED BY MYAKA.COM WILL PERFORM AT A PARTICULAR SPEED OR WILL BE UNINTERRUPTED OR ERROR-FREE. MYAKA.COM SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA. MYAKA.COM MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE, THE SOFTWARE OR THE INTERNET. YOU EXPRESSLY ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE, THE SOFTWARE AND YOUR WIRELESS GENERALLY. YOU AGREE NOT TO USE THE SERVICE OR THE SOFTWARE IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR INJURY TO PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY RESULT IF AN ERROR OCCURS.
12.4 IN NO EVENT SHALL MYAKA.COM (OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, PARENT, SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE OR THE SOFTWARE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY, EVEN IF MYAKA.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.
12.5 ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS SECTION 12 ALSO APPLY TO MYAKA.COM'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS AS THIRD PARTY BENEFICIARIES OF THIS AGREEMENT.
12.6 ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH MYAKA.COM (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), MYAKA.COM'S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS ARE COLLECTIVELY RESPONSIBLE.
12.7 THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
12.8 MYAKA.COM RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE OR THE SOFTWARE, OR FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE SERVICE.)
12.9 WITHOUT (A) INCREASING ANY OF THE LIABILITIES OR OTHER OBLIGATIONS MYAKA.COM (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS ARE OTHERWISE SUBJECT TO PURSUANT TO THIS AGREEMENT OR SUBJECTING MYAKA.COM (OR ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS TO ANY ADDITIONAL LIABILITIES OR OTHER OBLIGATIONS OR (B) INCREASING ANY OF THE RIGHTS YOU ARE OTHERWISE ENTITLED TO PURSUANT TO THIS AGREEMENT OR PROVIDING YOU WITH ANY ADDITIONAL RIGHTS, THE MAXIMUM AGGREGATE LIABILITY OF MYAKA.COM (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES AND AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS FOR DAMAGES HEREUNDER SHALL NOT EXCEED THE UNUSED PORTION OF YOUR PREPAID FEES, IF ANY.
13. INDEMNIFICATION. You agree to defend, indemnify and hold harmless MyAKA.com and its officers, directors, members and employees from and against all liabilities, costs and expenses, including reasonable attorney's fees, related to or arising from: (a) any violation of applicable laws, regulations or this Agreement by you (or any parties who use your account, with or without your permission, to access the Service); (b) the use of the Service, the Software or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by you (or any parties who use your account, with or without your permission, to access the Service); (c) negligent acts, errors, or omissions by you (or any parties who use your account, with or without your permission, to access the Service); (d) injuries to or death of any person and for damages to or loss of any property, which may in any way arise out of or result from or in connection with this Agreement, except to the extent that such liabilities arise from the active negligence or willful misconduct of the other party; or (e) claims for infringement of any intellectual property rights arising from the use of the Service, the Software or the Internet.
14. REVISIONS. MyAKA.com may revise the terms and conditions of this Agreement from time to time (including any of the policies which may be applicable to usage of the Service) by posting such revisions to our website at http://www.myaka.com/terms.html You agree to visit this page and the links therein periodically to be aware of and review any such revisions. Increases to the monthly price of the Service shall be effective beginning with the calendar month following the calendar month in which such increases are posted. Revisions to any other terms and conditions shall be effective upon posting. By continuing to use the Service after revisions are in effect, a Subscriber accepts and agrees to the revisions and to abide by them. Any Subscriber who does not agree to the revision(s) must terminate their Service immediately.
15. ASSIGNMENT. You agree not to assign or otherwise transfer, this Agreement in whole or in part, including the Software or your rights or obligations under it. Any attempt to do so shall be void. MyAKA.com may assign all or any part of this Agreement without notice and you agree to make all subsequent payments as directed.
16. CHOICE OF LAW; WAIVER OF INJUNCTIVE RELIEF; DISPUTE RESOLUTION.
16.1 Choice of Law. This Agreement and all aspects of the Service shall be governed by and construed in accordance with the internal laws of the United States and the State of California governing contracts entered into and to be fully performed in California (i.e. , without regard to conflict of laws provisions) regardless of your location. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Los Angeles County, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in Los Angeles County, California.
16.2 Injunctive Relief. You acknowledge that the rights granted and obligations made hereunder to MyAKA.com are of a unique and irreplaceable nature, the loss of which shall irreparably harm MyAKA.com and which cannot be replaced by monetary damages alone so that MyAKA.com shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. You irrevocably waive all rights to seek injunctive or other equitable relief and agree to limit your claims to claims for monetary damages (if any).
16.3 Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement and/or the Service ("Dispute"), you and MyAKA.com agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. You will send your notice to MyAKA.com, Attn: Dispute Department, 4804 Laurel Canyon Blvd, Suite 583, Valley Village, CA 91607. We will send our notice to you via e-mail to the e-mail address listed in your account settings.
16.4 Binding Arbitration. If you and MyAKA.com are unable to resolve a Dispute through informal negotiations, either you or MyAKA.com may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, MyAKA.com will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and MyAKA.com may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
16.5 Restrictions. You and MyAKA.com agree that any arbitration shall be limited to the Dispute between MyAKA.com and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
16.6 Exceptions to Informal Negotiations and Arbitration. You and MyAKA.com agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or MyAKA.com's intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
16.7 Statute of Limitations. Except as otherwise required by law, including California laws relating to consumer transactions, any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
17. COMPLIANCE. MyAKA.com's failure at any time to insist upon strict compliance with any of the provisions of this Agreement in any instance shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.
18. THINGS BEYOND MYAKA.COM'S CONTROL. MyAKA.com will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes or other labor-related disputes, of other things we do not control, or an inability to obtain necessary equipment or services.
19. DISPUTES WITH OTHERS. We reserve the right, but have no obligation, to monitor and/or manage disputes between you and other users of the Service. If you have a dispute with other users, you release MyAKA.com and hereby agree to indemnify MyAKA.com from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
20. ENTIRE AGREEMENT. This Agreement, including all policies posted on MyAKA.com's website, which are fully incorporated into this Agreement by reference, constitutes the entire agreement between you and MyAKA.com with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. Any changes by you to this Agreement, or any additional or different terms in your purchase orders, acknowledgements or other documents, written or electronic, are void.
21. NOTICE. Notices by MyAKA.com to you shall be deemed given: (a) when sent to your primary contact e-mail address, (b) when deposited in the United States mail addressed to you at the address you have specified in your account options or (c) when hand delivered to your home, as applicable.
22. ACCEPTABLE USE. Subscriber agrees to use the Service in accordance with MyAKA.com's acceptable use policy set forth below ("Acceptable Use Policy"). MyAKA.com reserves the right to make changes to the Acceptable Use Policy without notice.
22.1 Illegal Use. You agree not to use the Service in a manner that violates any local, state or federal law.
22.2 Harm to Others. You agree not to use the Service to harm others, including but not limited to minors, or to promote violence or describe how to perform a violent act.
22.3 Threats & Harassment. You agree not to use the Service for abusive, profane, libelous, slanderous, threatening or otherwise harassing texts or calls.
22.4 Fraudulent Activity. You agree not to use the Service to make or participate in fraudulent activity including financial scams.
22.5 Copyright or Trademark Infringement.You agree not to use the Service to transmit any material that infringes any copyright, trademark, patent, trade secret, or other propriety rights of a third party.
22.6 Collection of Personal Data. You agree not to use the Service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.
22.7 Reselling the Services. You agree not to resell the Service without MyAKA.com's written authorization.
22.8 Revealing Information. You agree not to use the Service to reveal another person's address, e-mail address, credit card number or any information that may be used to impersonate that individual.
22.9 Automated Accounts. You agree not to use the Service to create user accounts by automated means or under false pretenses or mislead others as to the origins of your communications. 22.10 Improper Use of Support. You agree not to use the Service to make improper use of MyAKA.com's support services or submit false reports of abuse or misconduct.
22.11 Commercial Activities. You agree not to use the Service to engage in any commercial activities, including, without limitation, any attempt to raise money for anyone or advertise or promote a product, service, website, pyramid scheme or other multi-tiered marketing scheme, without the prior consent of MyAKA.com.
22.12 Spam. You agree not to use the Service to create or transmit unwanted electronic communications such as "spam," to other users or members of Service or otherwise interfere with other users' or members' enjoyment of the Service.
22.13 Disparaging Communications. You agree not to use the Service to disparage, tarnish, or otherwise harm, in MyAKA.com's opinion, MyAKA.com and/or the Service.
22.14 Viruses, Etc. You agree not to use the Service to disseminate or transmit viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots, passive collection mechanisms, or any other malicious or invasive code or program or upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats, 1x1 pixels, web bugs, cookies or other similar devices.
22.15 Software. You agree not to use the Service to copy or adapt the Service's software.
22.16 Reverse Engineering. You agree not to use the Service to reverse engineer, decompile, reverse assemble, modify or attempt to discover any software (source code or object code) that the Service create to generate web pages or any software or other products or processes accessible through the Service.
22.17 Security Features. You agree not to use the Service to interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service.
22.18 Other Activities. You agree not to use the Service in any other activity deemed by the Company to be in conflict with the spirit or intent of the Service and this Acceptable Use Policy.
24. COPYRIGHTS AND LICENSES. Copyright and Licenses: The entire contents of this Agreement, the Services and MyAKA.com's Website are protected under the United States copyright laws. The copyright notices and other proprietary legends shall not be removed from the Services and no right to use any trademark is granted under this Agreement.
25. SURVIVAL. All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination, cancellation or expiration of this Agreement, including without limitation, those provisions relating to Warranties and Limitation of Liability and Indemnification, shall survive such termination, cancellation or expiration.
26. PHONE NUMBER CHANGES. Phone number changes will incur a one-time thirty ($30) processing fee.
27. ELECTRONIC COMMUNICATIONS. When you visit www.myaka.com, sign up for service with us, or send e-mails to us, you are communicating with us electronically. By doing so, you consent to receive communications from us electronically in return. It is the responsibility of the Subscriber to maintain and update a valid e-mail address with MyAKA.com at all times. MyAKA.com will not be held responsible for interruptions in service or cancellation of service for non-payment due to an e-mail not being received by the Subscriber or filtered out by the e-mail provider being utilized by the Subscriber. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. MyAKA.com may send regular account notifications, balance notifications, and subscription renewal e-mails, these e-mails cannot be opted out of. In lieu of e-mails, MyAKA.com may deliver any or all such communications to you by posting such communications to your Online Account. Periodic newsletters and feature update announcements can be opted out of by the Subscriber at the bottom of the e-mail sent to them. Updated September, 2011