Terms of Service

All virtual hosting Accounts are bound by this Terms of Service. Dedicated hosting accounts should refer to their individual hosting agreements, as warranted.

1) The use of any data or material, which Customer receives from the service provided by Myndbend Multimedia, is at Customer's sole and absolute risk. Myndbend Multimedia specifically disclaims and denies any responsibility for the completeness, or accuracy of quality of any and all information obtained through the services to be provided hereby.

2) Myndbend Multimedia will utilize its best efforts to maintain acceptable performance of services, but Myndbend Multimedia makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. Myndbend Multimedia cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. Myndbend Multimedia will not be liable for the inadvertent disclosure of, or corruption or erasure of, date transmitted or received or stored on its system. Myndbend Multimedia shall not be liable to Customer or any of its customers for any claims or damages which may be suffered by Customer or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, nondeliveries, or service interruptions whether or not caused by the fault or negligence of Myndbend Multimedia.

3) Customer agrees that it shall defend, indemnify, save and hold harmless from any and all demands, liabilities, losses, costs, claims, including reasonable attorney's fees, ('Liabilities') against Myndbend Multimedia, its agents, its customers, servants, officers, employees, that may arise or result from any services provided, performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Myndbend Multimedia against Liabilities arising out of any injury to person or property caused by any products sold or distributed in connection with Myndbend Multimedia's server; and material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement and any defective product which Customer sold on Myndbend Multimedia's Server. As a result of this, Customer agrees that Myndbend Multimedia shall not be liable to Customer for any claims of actual, compensatory and/or consequential damages which may be suffered by Customer, including, but not limited to, losses or damages due to the loss data resulting from delays, non deliveries, or service interruptions caused by the fault or negligence of Myndbend Multimedia. Notwithstanding the above mentioned, Customer's exclusive remedies, damages, losses and causes of actions shall not exceed the aggregate dollar amount which Customer paid during the term of this Agreement.

4) The Customer may only use Myndbend Multimedia's services for lawful purposes. In the event that at any given time, Myndbend Multimedia believes that the service is being used by the Customer in contravention with any of the terms and provisions contained in this Agreement, Myndbend Multimedia has the right to immediately discontinue such service to Customer without liability other than to refund any unearned prepaid service fees. The following are restrictive uses and shall be cause for the immediate termination of web services and this Agreement without notice to the Customer:

• a. Unauthorized distribution or copying copyrighted software, violation of US export restrictions, embarrassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities;
• b. Unsolicited advertising via email and/or 'Spamming' is a violation of State and Federal Law and is otherwise a violation of this agreement. Such prohibited conduct subjects Customer to immediate cessation of service as provided herein and the termination of this agreement without notice. Myndbend Multimedia reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution. In addition, Myndbend Multimedia will charge One Dollar ($1.00) per email recipient for any such activity;
• c. Using a non-existing email return address on a commercial solicitation, spamming (sending unsolicited advertising to numerous email addresses or newsgroups and/or generating a significantly higher volume of outgoing email than a normal user), trolling (posting outrageous messages to generate numerous responses, mailbombing (sending multiple messages without significant new content to the same user), subscribing someone else to a mailing list without that person's permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system. Myndbend Multimedia reserves the right to determine what is Net abuse;
• d. Tortuous conduct such as posting of defamatory, libelous, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyright, or other intellectual property rights;
• e. The Customer expressly understands and agrees that illegal Adult oriented Websites featuring nudity and acts of a sexual nature are expressly prohibited. Myndbend Multimedia reserves the right to immediately terminate and remove any such unauthorized Websites without notice and discontinue service to Customer without notice or liability for actual, compensatory or consequential damages to Customer for the interruption in service.
• f. MUDDS, Listservers or any other Internet application that are not Website specific, are specifically prohibited.

Disclaimer

Myndbend Multimedia will not be responsible for any damages your business may suffer. Myndbend Multimedia makes no warranties of any kind, expressed or implied for services we provide. Myndbend Multimedia disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Myndbend Multimedia and its employees. The services provided by Myndbend Multimedia are provided AS-IS and without any warranty expressed or implied. Myndbend Multimedia reserves the right to revise its policies at any time.