This is Mystiblue Computing's
Usage Policy, which supplements the service agreement of each
user of Mystiblue Computing's services (each, a "Subscriber").
Every Subscriber is subject to this Usage Policy, and by virtue
of using Mystiblue Computing's services, network and/or systems
(collectively the "Services") agrees to be bound by
this Usage Policy. Mystiblue Computing will revise this Usage
Policy from time to time. A Subscriber's use of the Services after
revisions to the Usage Policy are posted on Mystiblue Computing's
website at http://www.Mystiblue Computing.com, will constitute
such person's acceptance of any changes or additions to the Usage
this Usage Policy when they (or their affiliates or customers)
engage in the following prohibited activities.
Violations of Intellectual
Any violation of any person's intellectual property rights, rights
of privacy, rights of publicity or other personal rights is prohibited.
Mystiblue Computing is required by law to remove or block access
to content appearing on or through the Services upon receipt of
proper notice of copyright infringement (see "Copyright Infringement
Notice Information" below).
Mystiblue Computing has zero tolerance for UBE/UCE (unsolicited
bulk email/unsolicited commercial email). This policy protects
our customers as well as the Internet community from the negative
effects of "spam" related activity. Mystiblue Computing
defines UBE/UCE as unsolicited broadcast or commercial email that
is sent to addresses that do not affirmatively and verifiably
request such material from that specific sender.
1. Mystiblue Computing
customers, or any user of bandwidth and/or services on our network
(herein described as 'users') are prohibited from sending UBE/UCE.
Users may be asked to produce records that verify that explicit
affirmative permission was obtained from a recipient before a
mailing was sent. Mystiblue Computing may consider the lack of
such proof of explicit affirmative permission of a questionable
UBE/UCE at its sole discretion.
2. Mystiblue Computing
customers are prohibited from maintaining open mail relays on
their servers. Ignorance of the presence or operation of an open
mail relay is not and will not be considered an acceptable excuse
for its (the open mail relay) operation. Multiple infractions
of this policy will result in a discontinuation of service.
3. Mystiblue Computing
customers will be notified in the event that their sites are in
violation of the above policy. Again, failure to rectify such
situations may be cause for termination of service.
4. Mystiblue Computing
customers are prohibited from providing hosting services for websites
that have been included in UBE/UCE. Hosting includes, but is not
limited to, hosting website(s), providing DNS services as well
as website redirect services.
5. Valid complaints
received by Mystiblue Computing will be forwarded to the customer
for a response and resolution. If within twenty-four (24) hours
there is no response, Mystiblue Computing may block traffic to
and from the IP address involved in the UBE/UCE complaint until
the problem is resolved and preventative measures have been implemented
to prevent the violation from recurring. All users are responsible
for maintaining a working email contact and updating that information
with Mystiblue Computing when it changes.
6. If Mystiblue Computing
receives repeat complaints indicating that a problem has not been
resolved, Mystiblue Computing reserves the right to suspend and/or
cancel any and all services provided to the user after a notification
of no less than two (2) hours.
To report an incidence
of abuse, please contact us.
Forging, misrepresenting, omitting or deleting message headers,
return mailing information and/or Internet protocol addresses
to conceal or misidentify the origin of a message is prohibited.
Viruses and Other Destructive
Use of the Services for creating or sending Internet viruses,
worms or Trojan horses, or for pinging, flooding or mailbombing,
or engaging in denial of service attacks is prohibited. It is
also prohibited for any Subscriber to engage in other activity
that is intended to disrupt or interfere with, or that results
in the disruption of or interference with, the ability of others
to effectively use the Services (or any connected network, system,
service or equipment) or conduct their business over the Internet.
"Hacking" and related activities is prohibited. "Hacking"
includes, but is not limited to, the following activities: illegally
or without authorization accessing computers, accounts or networks,
penetrating or attempting to penetrate security measures, port
scans, stealth scans and other activities designed to assist in
Export Control Violations
The exportation of encryption software outside of the United States
and/or violations of United States law relating to the exportation
of software is prohibited.
The use of the Services to store, post, display, transmit, advertise
or otherwise make available child pornography is prohibited. Mystiblue
Computing is required by law, and will, notify law enforcement
agencies when it becomes aware of the presence of child pornography
on, or being transmitted through, the Services.
Other Illegal Activities
The use of the Services to engage in any activities that are determined
by Mystiblue Computing, in its sole and absolute discretion, to
be illegal is prohibited. Such illegal activities include, but
are not limited to, storing, posting, displaying, transmitting
or otherwise making available ponzi or pyramid schemes, fraudulently
charging credit cards or displaying credit card information of
third parties without their consent, and failure to comply with
applicable online privacy laws. Mystiblue Computing will cooperate
fully with appropriate law enforcement agencies in connection
with any and all illegal activities occurring on or through the
Abusive or Threatening Language
Use of the Services to store, post, transmit, display or otherwise
make available obscene, defamatory, harassing, abusive or threatening
language is prohibited.
Engaging in any activity that, in Mystiblue Computing's sole and
absolute discretion, disrupts, interferes with or is harmful to
(or threatens to disrupt, interfere with or be harmful to) the
Services, Mystiblue Computing's business, operations, reputation,
goodwill, customers and/or customer relations, or the ability
of Mystiblue Computing's customers to effectively use the Services
is prohibited. Such prohibited activities include making available
any program, product or service that is designed to or could be
used to violate this Usage Policy. In addition, each customer
account may use up to 4GB per day and 100GB per month of data
transfer and Max customers are limited to 7.5GB/day and 200GB/month
of data transfer. The failure by a Subscriber to cooperate with
Mystiblue Computing in correcting or preventing violations of
this Usage Policy by, or that result from the activity of, a customer
of the Subscriber is a violation of this Usage Policy.
In general, Mystiblue
Computing does not monitor its customers' websites or activities
to determine whether they are in compliance with this Usage Policy.
However, when Mystiblue Computing becomes aware of any violation
of this Usage Policy or its User Agreement, Mystiblue Computing
may take any action to stop or correct such violation, including,
but not limited to, shutting down a website, denying access to
the Services or to the Internet, and/or removing information.
In addition, Mystiblue Computing may take action against a Subscriber
or a customer of such Subscriber because of the activities of
such customer. Mystiblue Computing reserves the right to take
any such action even though such action may affect other customers
of the Subscriber.
may disclose any information in its possession, including, without
limitation, information about Subscribers, internet transmissions
and website activity in order to comply with a court order, subpoena,
summons, discovery request, warrant, statute, regulation or governmental
request, to protect Mystiblue Computing or others from harm, and/or
to ensure the proper operation of the Services. Mystiblue Computing
has no obligation to notify any person, including the Subscriber
about whom information is sought, that Mystiblue Computing has
provided the information.
Copyright Notice Infringement
In accordance with
the Digital Millennium Copyright Act, Mystiblue Computing has
adopted a policy that provides for termination of websites hosted
by Mystiblue Computing that are found to infringe on copyrights
of third parties. If a copyright holder believes that there has
been a violation of his or her copyright on a website that is
hosted by Mystiblue Computing or its subsidiaries, and the copyright
holder wants Mystiblue Computing to remove the website or disable
the material in question, Mystiblue Computing will remove the
website or disable the material if the copyright holder provides
us with all of the following information:
A signature of a person authorized to act on behalf of the owner
of the exclusive right that is allegedly infringed. Identification
of the copyrighted work that is claimed is being infringed, or,
in the case of claimed infringement of multiple copyrighted works,
a representative list of such works.
Identification of the material that is claimed to be infringing
or is the subject of infringing activity and that should be removed
or access to which should be disabled, with information reasonably
sufficient to permit us to locate the material.
sufficient to permit us to contact the person giving the notification,
such as an address and telephone, and, if available, an electronic
mail address at which such person may be contacted.
A statement that the person giving the notification has a good
faith belief that use of the material in the manner complained
of is not authorized by the copyright owner, its agent, or the
A statement that the information in the notification is accurate,
and under penalty of perjury, that the person giving the notification
is authorized to act on behalf of the owner of the exclusive right
that is allegedly infringed.
Notices should be directed to: