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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.

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Mystiblue Computing 15702 Riverside Rd. #22 Caldwell Idaho 83607 Phone: 208-484-0808
©Mystiblue Computing 2005 all rights reserved -- revised November 06, 2005