MightyBlue
RESELLER TERMS OF SERVICE & ACCEPTABLE USE POLICY

The following Use Policy applies to all users of MightyBlue. The Term "Customer" and all Terms herein refer and apply to both Resellers and Customers of Resellers. The Term "You" refers to and applies to both Resellers and Customers of Resellers.

By using MightyBlue's services, by simply communicating with its servers and equipment an/or maintaining a MightyBlue account, means that you, or any other user of your account, agrees to this policy.

Allowable Content:

MightyBlue has a zero tolerance policy for spam and warez (pirated software) and copyrighted material. Any sites found to contain, promote, or link to such content are subject to immediate removal from our service without prior notification. This strict policy is necessary to protect our business infrastructure.

Content that condones, promotes, contains, or links to: unauthorized copyrighted materials, warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not is subject to immediate removal and will be reported to the proper authorities.

MightyBlue will not support or host Adult related material. Any customer found to be hosting or supporting Adult material will be asked to remove such material or be subject to cancellation. Sites that exploit images of children under 18 years of age will be cancelled immediately without notification.

The use of our network to send bulk email whether opt-in or otherwise, and the use of bulk email to promote a site on our network is strictly forbidden. Any reports of bulk email will result in your account being suspended. Our policy is strict and we will suspend first and then contact the account holder in order to resolve the issue. Users who intentionally utilize MightyBlue.com resources, including email account, for spam are also subject to prosecution to the fullest extent of the law.

The following content is also not permitted:

- Content that commits acts of copyright, trademark, patent, trade secret or other intellectual property infringement.

- Content that is racist, or otherwise extremely offensive to others, including content which aggravates, harasses, threatens, defames, or abuses others.

- Storage of files or non-html content, or any use of space that circumvents the copyright laws.

- Binary files, downloads, etc. that are not linked to an html page on the users site, such that an advertising banner is displayed. Links back to files on a user's MightyBlue.com page from other sites must also link first to an html page on MightyBlue.com, which then links to the binary files.

- MightyBlue.com may not be used for hosting untested code or for development services. Any code that disrupts normal server operation will be removed.

- You may not use MightyBlue servers for private file storage. Any files not properly linked to within the local web site and an file not considered to be a web type are prohibited. ie all files must be web site related. Failure to do so will cause immediate account suspension.

MightyBlue cannot be held responsible for the content of pages hosted under our service. MightyBlue.com does not review pages for content before they are posted, and does not verify, endorse or otherwise take responsibility for the contents of any user-created pages. However, we reserve the right to remove any page from our servers which we determine is in violation of our rules and guidelines. Users are solely responsible for all files contained in their own directory, and can be held legally liable for the contents of their web site.

Invalid or non-transferred Domains:

Every Domain on our Control Panel must be properly registered and have it's nameservers set to MightyBlue name servers. Any domains left in the system for longer than 10 days after being transferred or cancelled will be suspended or deleted. This policy ensures that web and email traffic is properly routed to it's destination. **Please note that deletion of a domain will also delete it's web space and files.

Customer Accounts, Cancellations and Refunds:

MightyBlue Customers may cancel their account at any time. Pro-rated charges or refunds may apply.

MightyBlue Customers are responsible for actively canceling their own account through our Support Help Desk, written email, postage, fax, telephone or other such communications. MightyBlue will then confirm identity and cancel the account. Accounts not closed are subject to recurring charges. Accounts will be continued to be charged recurring fees until the account holder actively cancels.

MightyBlue may terminate user accounts at any time, without notice for conduct that violates the Terms of Service , or for any other reason, and may terminate user accounts and delete any and all user information for conduct that MightyBlue.com believes is harmful to the business of MightyBlue.com, or any of its users, or partners.

Domain Registration refunds: Domain services such as Registration are non-refundable.

30 Day Money Back Guarantee: MightyBlue offers a 30 day money back guarantee on Web and Email Hosting Services only. This guarantee does not apply to one time purchases including, but not limited to: Domain Registration and other Domain Services, Web/Site Builder services, Web Design and Development, Consulting, and Support Fees. This guarantee is a refund policy and Only money paid to MightyBlue in the 30 days immediately prior to the customer's claim will be refunded. Credit and all special offers do not apply and cannot be refunded. This offer does not apply to late and/or final payments.

Data and Files:

Although MightyBlue does perform Daily backups of all data, customers are solely responsible for the backup and maintenance of their own files and agree to use the MightyBlue.com resources and infrastructure at their own risk. MightyBlue provides space for hosting web pages but makes no implied or express warranties about the reliability of the files or the customers web site.

MightyBlue.com is not responsible for any deletion, alteration, or loss of data due to network or system outages, file corruption, accidental deletion, or any other reasons.

You may request data restored from a backup by contacting us at the Support button above. *Please note that a fee will be charged for this service.

* Disk Space is restricted to web site related files, and all files must be linked to a web page and available to the public. Customers may not use your alloted space for private file storage.

Domain Registration:

All domains registered or renewed through MightyBlue must agree to the Registrar-Registrant Agreemant which can be found at: http://www.mightyblue.com/domaintos.asp

Domain Rights:

Domain Registration Rights: All domain registrations are the sole property of the customer. Although MightyBlue manages the account the customer is responsible for all actions taken against their domain including but not limited to: Renewals, Transferring, and Hosting. A customer continues to own their domain as long as renewal payments are made on time. Non-renewal is considered a cancellation of the domain registration. Customers that cancel hosting with MightyBlue before their domain registration expires continue to own their domain.

Disclaimer:

You agree to indemnify MightyBlue and its partners against any and all claims and expenses, including attorneys' fees, arising from your use of this service. This expressly includes your responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights and any libelous or unlawful material contained within your web site. In basic terms this clause states that you will not hold MightyBlue or it's owners and partners responsible, regardless of who is at fault, for any losses that may arise for using this service. MightyBlue.com nor its partners makes any warranty with respect to any content, information, services, or products provided through or in conjunction with this service.

MightyBlue.com makes guarantees as to server reliability, speed, or consistency, but cannot be held liable for any downtime or failures outside of our control, including but not limited to:- peering problems, virus attacks, DOS attacks, 3rd party DNS problems.

Web Site Disclaimer:

MightyBlue.com and its partners make no guarantee of the accuracy, correctness, or completeness of any information on these web pages and are not responsible for any errors or omissions arising from the use of such information; any failures, delays, or interruptions in the delivery of any content or services contained on our servers; or losses or damages arising from the use of the content or services provided by MightyBlue.com.

MightyBlue.com may also link to or include on its web site resources and information provided by 3rd party partners and providers. We do not guarantee the reliability of this information, nor does the inclusion of this information imply our recommendation of these services; it is merely provided to assist you in the creation of your web site and provide added value to our service.

MightyBlue.com reserves the right to amend or change these guidelines at any time without notice

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