MyPowerConference™
End User License Agreement

MyPowerConference™
Copyright (c) 2001-2015 MyPowerConference, LLC, All Rights Reserved

Do not install or use the software until you have read and accepted all of the license terms. Permission to use the software is conditional upon your agreeing to the license terms.

Installation or use of the software by you will be deemed to be acceptance of the license terms. Acceptance will bind you to the license terms in a legally enforceable contract with MyPowerConference Pro, LLC.

MyPowerConference™ End User License Agreement ("EULA") begins here.

MyPowerConference™ was developed to provide full-duplex Voice Over Internet Protocol (VoIP) communications and tools that allow people to interact and collaborate on documents and other projects with consumer and business clients. This web conferencing communication service consists of full-duplex voice, text chat, co-browsing, live video, desktop sharing, white board and PowerPoint presenting.

MyPowerConference™ is a proprietary web conference system designed and owned exclusively by MyPowerConference Pro, LLC This system is protected by international copyright, and is legally protected for resale to MyPowerConference™ customers.

This service agreement discloses all terms and conditions under which MyPowerConference Pro, LLC (referred to hereafter as "Provider") will provide the MyPowerConference™ web conferencing system to you.

By installing and executing MyPowerConference™ you enter into a legally binding Service Agreement and have agreed to comply with the Terms and Conditions regarding your usage of the MyPowerConference™ web conferencing system. If you are not in agreement with the terms and conditions set forth in this Service Agreement, you are not authorized to use the MyPowerConference™ web conferencing system.

Provider grants to you a non-exclusive, non-transferable license to use MyPowerConference™ solely for your personal use. MyPowerConference™ is considered "in use" when loaded into RAM or installed on the hard disk. You are not permitted to modify, translate, reverse engineer, decompile or disassemble any components of the MyPowerConference™ system. Provider reserves all rights not expressly granted herein.

ELIGIBILITY EXPORT RESTRICTIONS

  • I am not a citizen, national or resident of, and am not under the control of, the government of: Cuba, Iran, Sudan, Iraq, Libya, North Korea, Syria, nor any other country to which the United States has prohibited export.
  • I will not download or otherwise export or re-export the Programs, directly or indirectly, to the above mentioned countries nor to citizens, nationals or residents of those countries.
  • I am not listed on the United States Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor am I listed on the United States Department of Commerce Table of Denial Orders.
  • I will not download or otherwise export or re-export the Programs, directly or indirectly, to persons on the above mentioned lists.
  • I will not use the Programs for, and will not allow the Programs to be used for, any purposes prohibited by United States law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction.
Your Responsibilities: In order to ensure the system-wide integrity of MyPowerConference™ subscriber services, we have deemed several activities as unacceptable uses. It is understood that all parties utilizing MyPowerConference™ are prohibited from participating in conduct which is unlawful or which inhibits another user from using MyPowerConference™; or which Provider, in its sole discretion, determines to be unacceptable. See sub-paragraphs of this section below.

Provider reserves the right to immediately terminate your account without notice at its sole discretion, if you or others who use your account violate any of these unacceptable uses of the MyPowerConference™ system. Your account will be terminated and your IP flagged to prevent further system access.

Failure by Provider to address unacceptable or otherwise prohibited behavior on any occasion shall not constitute a waiver of said behavior in the future.

All information, transmitted or shared is the sole responsibility of the account owner (this is you) and Provider is not responsible for any such content.

Provider expresses no views as to the content and subject matter presented by anyone using the MyPowerConference™ system.

No illegal or fraudulent use: You will not use, or allow others to use, your MyPowerConference™ system to violate any applicable federal, state, local or international laws. You will not use or allow others to use your MyPowerConference™ to commit a crime or to plan, encourage, or help others to commit a crime. This is including but not limited to engaging in illegal pyramid schemes.

No copyright or trademark infringement: You will not use your MyPowerConference™ account to send or receive any information which infringes on patents, trademarks, copyrights, trade secrets or proprietary rights of any other person or entity.

Hacking: You will not use, or allow others to use, your MyPowerConference™ to access the accounts of others or to attempt to penetrate security measures of the MyPowerConference™ system or other computer systems "hacking". You will not use tools designed to compromise network security such as packet sniffers or network probing tools.

Disruption of Service: You will not use, or allow others to use, your MyPowerConference™ account to disrupt the MyPowerConference™ network or computer equipment owned by other subscribers. You will not use, or allow others to use, your MyPowerConference™ to disrupt other Internet Service Provider services, including but not limited to email bombing or the use of mass mailing programs.

Impersonation or Forgery: You will not impersonate another user, falsify your username, age or identity using the MyPowerConference™ system. You will not forge any message of any electronic transmission, originating or passing through your MyPowerConference™ account.

Provider reserves the right to delete any profane, offensive or unacceptable nicknames and/or to require you to change your user name. You are entirely liable for all participant behavior and activities conducted while using your MyPowerConference™ account.

In consideration for use of the MyPowerConference™ system, you agree to:

Provide true, accurate and complete information about yourself as prompted by the registration forms, to maintain and promptly update the Registration Data to keep it true, accurate and complete and notify MyPowerConference™ of any unauthorized use of your account, password or other breach of security.

Excessive Bandwidth Usage: Your MyPowerConference™ account is available on an unlimited-use basis. By definition, this means you may use your conference room as often as you wish during each monthly term. However, continuous 24-hour use is not included in this definition and may constitute excessive bandwidth consumption. If Provider determines that your account is using an excessive amount of bandwidth, Provider may require you to upgrade your service level.

Continuous Audio Broadcasting: Continuous and uninterrupted audio broadcasting is prohibited in the terms of usage for your MyPowerConference™ account. MyPowerConference™ was developed for interactive full-duplex and two-way person-to-person communications NOT continuous audio broadcasting. Provider reserves the right to monitor user activity and immediately terminate any account without refund if found it is being used for purposes not consistent with two-way person-to-person communications. Provider reserves the right in the case of any violation resulting in system damages to hardware, software, or customer downtime to seek legal remedy and recovery of customer, and company interests.

Viruses: You will not use, or allow others to use, your account to intentionally transmit computer "viruses" or other harmful software programs and that you will use your best efforts to prevent the unintentional transmission of such viruses or other harmful software.

Zero Tolerance Spam Policy Professional Global Marketing has a ZERO TOLERANCE SPAM POLICY, which means that Spam activity of any kind will result in immediate termination of your subscription including all rights therein.

Spam consists of advertising services or goods by email to anyone without specific prior request or in the absence of a previously established relationship. Messages sent to unknown parties for the purpose of creating a request shall also be deemed to be Spam, even if specific services or goods are not mentioned. Also considered Spam are any messages posted to message boards or Usenet groups that are not related to their subjects of discussion. In the event of a dispute regarding Spam, the burden of proof is on you, the account owner and not the recipient.

Spam will not be tolerated in any context, this includes an invitation to your MyPowerConference™ web conference room.

In addition, you will be liable for any financial loss caused to Professional Global Marketing, Inc. as a result of Spam, including service interruptions which will be charged at a rate of $350.00 per person per hour minimum.

In fairness to Professional Global Marketing and its customers or MyPowerConference™, Spam will not be tolerated. Many states have enacted laws outlawing Spam and similar conduct. Also, many Internet service providers will terminate sites that have a high number of Spam complaints. Tough Spam policies are in everyone's best interests. Familiarize yourself with all relevant Spam related state and federal laws.

As the client (room owner), I understand that this Zero Tolerance Spam Policy is submitted to the company via electronic medium and by selecting the Agree option, I agree to all conditions of this Spam Policy.

System Maintenance & Stability: Periodically, the MyPowerConference™ server(s) will undergo routine maintenance or be subjected to unexpected technical problems and issues. Provider ensures best efforts will be utilized to perform maintenance as quickly and efficiently as possible, and to respond to technical problems promptly to reduce user downtime. Provider will not in any circumstance be responsible for problems, losses, or damages arising from loss of connectivity; errors in content due to application problems; loss of access by customers; or temporary or permanent loss of data.

Disclaimer of Warranties and Limitation of Liability: You agree to use the MyPowerConference™ system at your sole risk. MyPowerConference™ is provided on an "as-is basis", without warranties of any kind, including without limitation any warranties of non-infringement, fitness for a particular purpose and merchantability. Provider does not warrant uninterrupted use of the MyPowerConference™ system. Provider does not warrant that the MyPowerConference™ system will be error-free, free of viruses or other harmful components. Provider does not warrant that any data or files you send or receive via the MyPowerConference™ will be free from unauthorized access by others or that other users will be unable to gain access to your computer.

Limitation Of Liability & Exclusive Remedy: Provider's liability and your exclusive remedy with respect to the use of the MyPowerConference™ system or any breach by Provider of any obligation Provider may have under this Service Agreement shall be your ability to terminate your MyPowerConference™ account.

Force Majeure: You agree that MyPowerConference™ will not be liable for any inconvenience, loss, liability or damage resulting from any failure or interruption of service, directly or indirectly caused by circumstances beyond its control, including but not limited to denial of use of other facilities of another company, labor disputes, acts of war, natural causes, mechanical or power failures, or any order, law or ordinance in any way restricting the operation of the MyPowerConference™ system.

Indemnification: You agree to indemnify and hold Provider harmless from any claims brought against Provider related to your use of the MyPowerConference™ system. You agree to pay any attorneys' fees incurred by Provider in bringing any action related to the MyPowerConference™ system or a breach of the terms of this Service Agreement.

Scope Of Service Agreement: This Service Agreement and the items referenced in this Service Agreement constitute the entire Service Agreement with respect to the MyPowerConference™ web conferencing system and your account. This Service Agreement supercedes and nullifies all prior understandings, promises and undertakings, if any, made orally or in writing by or on behalf of the parties with respect to the subject matter of this Service Agreement. This Service Agreement is not intended to give and does not give any rights or remedies to any person other than you and Provider.

Governing Law: This Service Agreement and all matters arising out of or related to this Service Agreement will be governed by the laws of the State of Nevada, USA, without regard to conflicts of law provisions. You agree that the state and federal courts of Nevada and the United States of America alone have jurisdiction over all disputes arising under this Service Agreement and you consent to personal jurisdiction of those courts.

Provider may change, amend, alter, or modify this Service Agreement at any time. Provider may notify you of any change either by posting that change at www.Mypowerconference.com, or by sending you this information to your email address. If you continue to use MyPowerConference™ web conferencing services after notice has been made of a change, you agree to accept those changes.

Assignment: You may not assign this Service Agreement or your rights or obligations under this Service Agreement.

Export Controls: The MyPowerConference™ client interfaces may not be re-exported, downloaded or otherwise exported into (or to a national or resident of) any country to which the United States has embargoed goods, or to anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Denial Orders. By installing the Program, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Legal and Ethical Enforcement: Provider will fully cooperate with law enforcement in investigating or requesting information with respect to suspected criminal or other activity and, notwithstanding any provision herein to the contrary, may release your name and other information to the appropriate authorities for that purpose, with or without a subpoena. In addition, Provider has the right, but not the obligation, to initiate its own review of the conduct of any user, either independently or as a result of a complaint by a third party user. Any investigation undertaken by Provider would include all steps that Provider deems appropriate in its sole discretion and the results of any such investigation could be disclosed to one or more appropriate parties.

Waiver: Except as otherwise provided herein, the failure of any party to enforce any provision of this Service Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such provision.

Subscriber Payment Obligations: The payment processor for Provider will bill your credit card monthly for your MyPowerConference™ subscriber account until otherwise cancelled. Provider may change the amount of the monthly subscription upon thirty (30) days written notice that may be delivered to your registered email address for your account.

Canceling a Subscription: You may cancel your subscriber account at any time. To cancel your monthly subscription, please submit your request from the contact page https://www.Mypowerconference.com/contact.html

Your monthly room subscription payment must be canceled at least one day prior to the scheduled date of the next payment.

Canceling a subscription on the day of a scheduled payment will not guarantee that the payment will not be sent.

Termination Of Service: If your monthly subscription is not paid within 5 days after the due date, your account will be suspended.

Your IP address is logged for security and account verification and you will automatically receive follow-up emails from Provider until you opt-out of the system.