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Acceptable Use Policy and Service Agreement
This
Agreement between Mystiblue Computing, Inc. (hereinafter referred
to as ``Mystiblue Computing") and the subscriber (hereinafter
referred to as ``Customer") will become effective upon provision
of web services to Customer. The Customer's submission of a subscription
request on any order form of Mystiblue Computing constitutes acceptance
of this Agreement by the Customer.
1. Signer's Representations and Warranties - The person authorizing
and accepting this Agreement represents and warrants that he/she:
(1) is of legal age to enter into this Agreement; (2) has the authority
on behalf of Customer to enter into this Agreement and to legally
bind Customer to this Agreement; and (3) agrees to indemnify and
defend Mystiblue Computing, and its officers, shareholders, employees,
representatives and agents, from any and all damages (including
attorney fees assessed against Mystiblue Computing, as well as those
incurred by Mystiblue Computing in its defense) arising out of any
breach of these representations and warranties. The person authorizing
and accepting this Agreement and/or the business entity represented
will be referred to jointly and individually as ``Customer".
2. Customer's Representations, Warranties and Responsibilities
- The customer represents and warrants that the Customer is
authorized and has the right: (1) to provide the product or services
to be advertised; and (2) to use any copy, illustration, personal
or corporate name, copyrighted material, graphic or pictorial reproduction,
trade names, trademarks, endorsements, language and any other items
used in the web site pursuant to this Agreement. The Customer agrees
to indemnify and defend Mystiblue Computing, it officers, shareholders,
employees, representatives and agents from any and all damages (including
attorney fees assessed against Mystiblue Computing, as well as those
incurred by Mystiblue Computing in its defense) arising out of any
breach of these representations and warranties. Customer assumes
sole responsibility for protection of its copyright, trademark,
trade secret, or other right or interest in any copy, illustration,
language and any other items used.
3. Limitation of Liability - The Customer agrees that
the entire liability of Mystiblue Computing, in the event of any
damages related to this Agreement and services provided, including
any damages resulting from any errors or omissions shall be limited
to an amount not exceeding the charges paid by the Customer for
the service during period effected. In no event shall Mystiblue
Computing be liable for any indirect, special, incidental or consequential
damages in connection with or arising out of its performance or
failure to perform pursuant to this Agreement, even if Mystiblue
Computing has been informed of the possibility of such damages in
advance.
4. Termination and Refunds - This Agreement and related services
may be terminated by the Customer by giving a written notice of
termination in the manner provided for in this Agreement. Mystiblue
Computing reserves the right to terminate this Agreement and related
services at any time for any reason, and to so notify Customer of
any such termination in any commercially reasonable manner. In event
of termination of this Agreement and related services by the Customer,
all deposits, if any, will be forfeited as liquidated damages, and
advance payments will be refunded on a prorated basis as of the
effective date of termination. In event of termination of this Agreement
and related services by the Customer within 30 days of Agreement
conception, a full refund will be issued at Customer's request.
If this Agreement and related services are terminated: (1) all work
performed will belong solely to Mystiblue Computing and the Customer
will have no claim on the work done; (2) Mystiblue Computing will
have the right to remove and discard the content on the server;
(3) Customer will have no claim to the server contents; and (4)
Mystiblue Computing will have no responsibility to preserve the
server contents in any manner.
5. Loss of Data - Customer assumes full responsibility
for data storage and maintaining backups or copies of their files
and web site programs and any other data that are owned by Customer
and reside on the Mystiblue Computing servers. Customer accepts
and agrees that Mystiblue Computing is not liable for the loss of
Customer files and web site programs and any other data that are
owned by the Customer that reside on the Mystiblue Computing servers.
In the event of technical difficulties, Mystiblue Computing will
employ its best efforts to resolve the difficulties in the shortest
time frame technically and physically practicable under the circumstances.
Mystiblue Computing agrees to perform faithfully, industriously,
and to the best of its ability, experience, and talent, all of the
duties that may be required by the express and implicit terms of
this Agreement.
6. Disclaimer - Mystiblue Computing shall not be liable
for any and all loss, damages or liability or any kind resulting
from, but not limited to: (1) loss of data; (2) loss of software
or hardware; (3) access delays or access interruptions; (4) computer
viruses; (5) non-delivery or mis-delivery of data; (6) errors, omissions,
or misstatements in any and all information, goods or services obtained
on or through Mystiblue Computing, and; (7) acts of God, acts of
war, acts of unauthorized persons, such as computer ``hackers",
or acts of terrorism or civil unrest.
7. Disparagement. Customer will not disparage Mystiblue Computing,
Mystiblue Computing's web site, or any product or service of Mystiblue
Computing, or display any item or thing in a derogatory or negative
manner on any Customer or Mystiblue Computing hosted site.
8. Force Majeure – Mystiblue Computing shall not
be deemed in default or otherwise liable under this Agreement due
to its inability to perform due to reason of any fire, earthquake,
flood, epidemic, explosion, casualty, strike, lockout, labor controversy,
riot, civil disturbance, act of God, embargo, war, public enemy,
or any municipal, county, state, national, or international ordinance,
or law, or any executive, administrative, judicial or similar order
or regulation, or any other essential thing required, or similar
causes beyond the control of Mystiblue Computing.
9. Mystiblue Computing shall not be responsible for failing to
register a domain name, should another party register the same
domain name between the time Customer submits its request for a
domain name to Mystiblue Computing and the time that the domain
name is actually attempted to be registered by Mystiblue Computing.
10. This Service Agreement (including the Standard Acceptable
Use Policy contained in this Service Agreement) is subject to change
by Mystiblue Computing without advance notice. Continued usage of
the services provided after implementation of a change to the terms
of this Service Agreement, or a modification to the Standard Acceptable
Use Policy, constitutes Customer's acceptance of such change of
term or modification of policy. Mystiblue Computing encourages Customer
to regularly check the web site of Mystiblue Computing to determine
if any such changes or modifications have been implemented, as all
such changes or modifications will appear in the most current version
of the Service Agreement and Standard Acceptable Use Policy posted
on this web site.
11. Standard Acceptable Use Policy
Mystiblue Computing has established an acceptable use policy to
preserve the quality and integrity of services that have been established
for its customers. This document sets forth guidelines as to what
is considered to be acceptable use of the services provided by Mystiblue
Computing. Customer's submission of a subscription request indicates
acceptance of, and Agreement to abide by, these guidelines.
Guidelines governing acceptable use of services by the customer
A. Storage or distribution of pirated software or data is not allowed.
Mystiblue Computing reserves the right to inspect any and all files
stored on its servers to ensure compliance with this policy.
B. Mystiblue Computing's servers or services must not be used knowingly
to violate the laws and regulations of the United States or any
other nation, or the laws and regulations of any state, city, province
or other local jurisdiction in any material way. Mystiblue Computing
will cooperate with any legitimate law enforcement activity or investigation.
C. Pornography, nudity and other sex related content is prohibited.
This includes sites that may infer sexual content, or link to adult
content elsewhere. Further examples of unacceptable content or links
include pirated software, warez sites, or any other kind of hacked
or illegal software.
D. Customer will avoid violation of generally accepted guidelines
of Internet usage.
E. Customer accounts and passwords are confidential. The customer
is expected to maintain these customer accounts and passwords as
such, and Customer is solely responsible for all activities related
to their customer accounts and passwords.
F. Mass e-mail distributions or transmission of unsolicited e-mail
are not allowed. Mystiblue Computing has a zero tolerance policy
and reserves the right to terminate any Customer account upon first
learning of any such offense.
G. Server based functions such as CGI programs must not jeopardize
the integrity of the operation, performance or security of the server.
H. Mystiblue Computing is very happy to offer very generous bandwidth
allowances to its customers so they may build their web presence
without concern of usage constraints. While most customers may never
need the extra bandwidth, others may try to take advantage of the
generous allowance in ways for which it is not intended. Mystiblue
Computing has established some common sense rules to avoid this.
Customer may not resell or give away web space under Customer's
account. Customer may not use Customer's site to store files for
other IP addresses or domain names, nor may Customer use Customer's
site as a primary repository for image, data, warez, wav, or mp3
files. Greeting card, and FFA link scripts are disallowed.
I. Surcharges may be imposed when any site has considerable effects
on system performance or resources. Mystiblue Computing is the sole
and final arbiter on determining what conduct or activity is considered
a violation of policy, what qualifies for a surcharge, and what
the amount of surcharge should be.
J. Mystiblue Computing will notify the Customer of the intention
to impose a surcharge if corrective action is not taken. Customer's
continued use of Mystiblue Computing's services after receipt of
notification of the intention to impose a surcharge, and Customer's
failure to take corrective action, constitutes Customer's acceptance
of the proposed surcharge.
K. Mystiblue Computing reserves the right to limit or terminate
services to any Customer at any time for any reason, or for no reason
at all. If termination is not for any reason, and if practicable,
Mystiblue Computing will give Customer at least 20 days oral, written
or electronic advance notice of the date on which termination will
occur.
12. Notices - All notices needed, required or
permitted to be given to Mystiblue Computing shall be in writing
and sent via postal mail to Mystiblue Computing, 21830 Towns Circle #200
Caldwell Idaho 83607.
13. Parties Bound - This Agreement shall
be binding upon the parties hereto, and their respective heirs,
administrators, representatives, executors, successors and assigns.
14. Captions - The captions contained herein are
not a part of this Agreement. They are only for the convenience
of the parties and do not in any way modify, amplify, or give full
notice of any of the terms, covenants or conditions of this Agreement.
16. Governing Law - This Agreement shall
be construed in accordance with the laws of the State of Idaho.
17. Entire Agreement - This Agreement contains
the entire Agreement between Mystiblue Computing and Customer; there
are no other terms, covenants, obligations or representations, oral
or written, of any kind whatsoever. No modifications shall be made
to this Agreement except by unanimous consent in writing signed
by Mystiblue Computing and Customer.
If
your Agree to these terms Please Continue 
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