The following Use Policy applies to all users of MightyBlue.com. 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.

The following document makes several references to contacting MightyBlue. All customers are encouraged to contact MightyBlue through the Support HelpDesk by clicking the Support button above or visiting http://support.mightyblue.com

Privacy Statement:

MightyBlue will never share your information with any third party. All customer information is kept strictly confident and is used only by MightyBlue to contact the customer for billing, service information and marketing purposes. The customer may request to be removed from our internal marketing list by submitting a ticket at http://support.mightyblue.com or by clicking on the unsubscribe link at the bottom of the email.

Customer Agreement keep contact information current:

The customer is solely responsible for keeping their contact information current with MightyBlue. Contact information may be updated by logging in to your account at http://www.MightyBlue.com

MightyBlue is not responsible for expired domains, loss of domain ownership rights, or late payment fees due to the customer not updating their contact information.

Allowable Content:

MightyBlue encourages its customers and customer's site visitors to notify MightyBlue about sites containing illegal content. Please submit a ticket at http://support.mightyblue.com.

MightyBlue has a zero tolerance policy for spam and warez (pirated software), illegal, and copyrighted material. Any sites found to contain, promote, or link to such content are subject to immediate removal from our service and the account may be banned 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.

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.

SPAM and unsolicited Mail:

Email is considered SPAM if it is unsolicited. MightyBlue has a zero-tolerance policy for Spam. Any user sending spam can find their account immediately suspended without warning. We will then contact the customer to determine the situation.

MightyBlue does not allow the following types of emails to be sent from its servers and will consider such as Spam: Mass Mailings, Advertisement Emails or flyers. These types of emails can be easily flagged as Spam by recipients even if the recipient has opted in to the mailing list. Customers who wish to send such emails are referred to 3rd party providers such as ConstantContact or iContact

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.

Mightyblue reserves the right to assess a 15% late fee based on total balance due. Late fees will be added when the balance is 14 Days (2 weeks) overdue. (Please remember that payments are always for the next month. If you are overdue then you are receiving hosting for free and we all have bills to pay.)

Domain Registration refund requests: Domain services such as Registration, Renewal, Transfer are only refundable 24 hours after purchase, and only for 75% of the cost. A request for a refund is just that a "request". Although MightyBlue will make every effort to fullfill your request we may not receive your request in a timely manner in which to meet the 24 hour deadline. MightyBlue is not responsible for failed domain refund requests. For this reason we recommend that customers consider all Domain sales as final.

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 is void 31 days after the customer signs up for the service that they are requesting the refund for. Credit and all special offers do not apply and cannot be refunded. This offer does not apply to late and/or final payments.

MightyBlue reserves the right to cancel services at any time if the customer does not comply with the terms of this document or for any unethical, immoral or malicious acts of the customer regarding this service.

Delinquent accounts (accounts with balances 60 days past due) are considered "abandoned" and the customer forfeits the ownership rights to Domains, Services and Data until bills are payed. MightyBlue is not responsible for lost data and/or services due to account delinquency.

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, account cancellation 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.

Overages:

All of our plans come with pre-assigned limits for Disk Space and Bandwidth. If you go over these limits you will be billed our current overage rate as listed on the MightyBlue Product and Services page.

You may also choose to actively increase your limits by purchasing Extra Features in your Control Panel. Overage billing will not be reduced automatically. If no longer required, customers are responsible for removing the Extra Feature from their account.

Dedicated Servers:

All dedicated servers are are billed month to month and the customer can cancel at any time. However, the customer must cancel at least 10 days before their next billing cycle, otherwise the customer will be required to pay for the following month.

Uptime is not guaranteed, however MightyBlue will do its best to keep Dedicated Server downtime to a minimal. MightyBlue is responsible for the physical server hardware, power, connection and initial Operating System install. The end-user is responsible for all software and configuration of the server. MightyBlue is not responsible for how the user chooses to use and/or configure their server.

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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