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Terms of Use and End User Agreement

BY CHECKING THE SIGN UP BUTTON THAT ACTION CONSTITUTES YOUR ELECTRONIC SIGNATURE AND SIGNIFIES YOUR LEGALLY BINDING AGREEMENT TO BE BOUND BY EACH AND EVERY TERM AND CONDITION OF THIS AGREEMENT (“AGREEMENT”) YOU WILL BE AGREEING THAT YOUR USAGE OF EACH AND EVERY TOOL AND SERVICE WE PROVIDE WILL BE IN STRICT ACCORDANCE TO EACH AND EVERY TERM AND CONDITION OF THIS AGREEMENT.  ANY USAGE OF ANY TOOL AND/OR SERVICE THAT IS PROVIDED TO YOU BY OUR COMPANY IS ALSO YOUR EXPRESS INDICATION THAT YOU AGREE TO BE BOUND BY EACH AND EVERY TERM AND CONDITION OF THIS AGREEMENT.

YOU EXPRESSLY STATE THROUGH YOUR ACCEPTANCE OF THIS AGREEMENT BY EITHER OF THE METHODS OF ACCEPTANCE OUTLINED ABOVE, OR BOTH, THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING CONTRACT AND THAT YOU HAVE NO PRESENT LEGAL REASON THAT YOU LACK THE ABILITY TO ENTER INTO A BINDING CONTRACT FOR ANY REASON OR LEGAL THEORY.  IF YOU REPRESENT AN ENTITY, YOU WARRANT THAT YOU HAVE THE FULL AND UNLIMITED ABILITY TO LEGALLY BIND THE ENTITY YOU REPRESENT AND THAT YOU CAN AND DO BIND THAT LEGAL ENTITY TO EACH AND EVERY TERM AND CONDITION OF THIS AGREEMENT.  YOU MAY NOT USE ANY TOOL OR SERVICE THAT IS PROVIDED TO YOU UNLESS YOU HAVE FULL LEGAL AUTHORITY TO EXECUTE THIS AGREEMENT ON BEHALF OF YOURSELF, OR IF YOU REPRESENT AN ENTITY, ON BEHALF OF THAT ENTITY.

PLEASE READ THIS LEGALLY BINDING AGREEMENT CAREFULLY. IF NECESSARY, CONSULT WITH YOUR ATTORNEY PRIOR TO MARKING “I ACCEPT” AND PRIOR TO USING ANY TOOL OR SERVICE THAT IS PROVIDED.

This website, and the tools and services, including hosting services, provided hereto, are provided by MiniGig LLC, a duly formed Texas limited liability company.

1.  General Terms

  1. During the registration process you will be required to provide us with various identifying information as well as contact information. You agree to provide us with wholly complete and accurate information only. You also agree to update your information so that it remains complete and accurate at all ties. 
  2. You agree to use each tool and service, including hosting services, that we provide only for lawful purposes and that you will refrain from the violation of any civil, criminal and regulatory law in any jurisdiction, not just the jurisdiction in which you operate from, as provide for herein.
  3. While Purchaser may have paid a one-time fee for “lifetime” Membership, Purchaser agrees that “lifetime” shall be defined as the period that the Product and Hosting Service remains under the ownership of MiniGig LLC.  If you are not 100% statisfied with your paid hosting service, within thirty (30) days from the invoice date, we will refund the cost of your upgrade. Monthly plans as well as Domain registration & transfer fees are not subject to refunds.
  4. You will refrain from using any tool or service we provide upon our request. We have published a privacy policy, which is hereby incorporated by reference as if fully set forth herein. You agree to review this privacy policy on a regular basis and agree to be bound by its terms and conditions if subsequently modified by us, as a condition of using the tools and services that we provide.
  5. You will refrain from, including regarding assisting any third party or entity, from doing or attempting to do anything that would harm our business, data, software, hardware of our own company or belonging to any user.  You will accordingly, refrain from attempting to modify, circumvent, disable, violate, or interfere with the security or integrity of any process, data, software, hardware, or aspect of our business, including our website, tools, services, domain name registration, or cause us any harm in any manner at all.  You will not issue oral or written threats of any nature that are not issued as a demand letter by licensed legal counsel.  Unless you are a recognized search engine, you will not spider our site. You may not scrape data to use for any purpose, other than if you are a recognize search engine. Accordingly, you may not “crawl,” “spider” or otherwise index or in any non-transitional manner store or cache data or information obtained from any part of our website or tools and services offered unless you are a recognized search engine.  All recognize search engines must conduct their crawling only if done so in a manner that does not injure our website, content published on the website, and with complete, accurate contact information provided in the robot’s header. You agree to indemnify use from any losses caused by misfiring scripts or any other harm caused by your authorized crawling of your indexing robot.  You may not violate the intellectual property rights of our company or those of any user through the use of any authorized crawl of our website.
  6. You are solely responsible for the proper maintenance, operation, functionality, and any content of or contained within your website. You agree that your website content will not contain restricted or password-only access pages, hidden pages, or images. It will also not contain any software, programming, or scripts that do any harm of any nature. You will not use the our hosting service to publish defamatory content, spread viruses, Trojans or other harmful devices, distribute Spam, violate the rights of privacy or publicity of any person or entity, violate any intellectual property rights of any third person of entity, or violate any law of any jurisdiction.
  7. When you are connected to third party websites and applications through our Service, you agree that we do not control the content of such sites and that we merely provide a passive conduit to such sites.  You agree that we do not endorse these third party sites and that we are not responsible or liable for their availability, content, advertising, products or privacy policies from such sites or other third party resources of any nature that we refer you to. You agree that you have the sole responsibility to research all aspects of such third party sites prior to your use of such sites.
  8. You will not use our Service, or any individual tool or service that we provide, in anyway that violates any criminal, civil or regulatory law in any way, in any jurisdiction, including any intellectual property rights, right of privacy or publicity, or violate any civil, criminal or regulatory law of any nature, in any jurisdiction.
  9. You are solely responsible for any taxes, including withholding, filing, reporting, income taxes, payroll taxes and any other taxes, government tariffs and duties, arising from your applications, website and use of the services and tools that we provide.
  10. You understand and agree that we do not guarantee that our tools, hosting services and website will be available or free from errata or corruption on a twenty-four hour, seven day a week basis, or with a 100% degree of service reliability.  We may suffer service outages, in whole or in part, from time to time.  We are not responsible for the security or non-corruption of any data that is owned by you.  We do promise to keep any errata and or downtime to a minimum. We are not responsible for any Act of God, insurrection, plague, civil unrest, revolution, incident of weather, strike, disruption, lack of Internet connectivity or other disruption in normal Internet services, denial of service attack, hacking, or any other act or event that is outside our control or otherwise caused by a third party.  
  11. We may post rules, guidelines, and policies on our website, collectively referred to herein as “Rules.” You understand and agree that such rules are hereby incorporated by reference into this Agreement as if fully set forth herein and you will comply with such rules.  Should we add to or otherwise alter or modify such Rules, the current version of such Rules are incorporated herein and you will comply with all such Rules without our having a requirement to modify the terms and conditions of this Agreement.
  12. You agree to follow the content and other restrictions as published here: https://freehosting.zendesk.com/entries/22059316

2. Account Security

  1. You are solely responsible for the security of your account, user ID, and password. You agree to refrain from sharing your user ID and password with anyone.  You agree to be the sole person or entity responsible for all usage of your account.  You may never loan your account usage to any third person or entity.  It is for your use alone.  You will never use a third person’s account without our written permission.  You will notify us immediately if any unauthorized use of your password or account or other breach of security has taken place.  You are solely responsible for any harm that has taken place if you fail to promptly notice of us of any actual or suspected security issues affecting your account. 

3. Licenses and Intellectual Property Rights

  1.  All trademarks, service marks, and intellectual property, including copyrights, published on our website, are the sole intellectual property of their individual owners.  You agree to refrain from any unauthorized usage of such intellectual property. You agree that authorization may take the form of a written authorization or license as issued to you by the respective owner.  All rights to all intellectual property as published on our are reserved by the respective owners of such intellectual property rights and no further notice to you is required. 
  2. We acknowledge that we have no claim of any nature in intellectual property that you own or solely control, including your Promoted Application, trademarks, service marks, copyrights or other aspects of intellectual property. 

4. User Generated Content and Submissions

  1. You are solely responsible for the content that you publish. You warrant and promise that your published content will be wholly lawful in nature and will not be of a threatening, harmful, offensive, intolerant, defamatory, misleading, deceptive, obscene, indecent nature and will not violate any civil, criminal or regulatory law of any nature in any jurisdiction nor violate the privacy rights of any individual or entity. 
  2. You warrant and promise that you own or possess the legal right to publish the content that you publish and such usage will not violate or infringe the rights of any third person or entity.

 

5. Confidential Information

  1. You agree and acknowledge that we may retain and use for our own purposes all information and data you provide to us, including but not limited to site demographics and contact and billing information. You agree that we may transfer and disclose to third parties personally identifiable information about you for the purpose of approving and enabling your participation in our service as is reasonably necessary to provide services to you. We disclaim all responsibility, and will not be liable to you, and you agree to hold us harmless, for any disclosure of that information by any such third party.
  2. Confidential Information.  You agree to refrain from disclosing any of our confidential information without express permission from us in writing. “Confidential information” includes software, programming, scripts, data, information, trade secrets, patents (provisional or pending,) patentable subject matter, technical specifications, materials, plans, business plans, concepts, ideas, information, ideas, partner information, employee information, advertising concepts, technology, statistics, or any other information or data that is reasonably felt buy us, in our sole discretion, to be confidential in nature.  We have no requirement to mark such information as “confidential” in order for it to be deemed by us to be confidential.  Information and data as described herein this section may or may not be legally defined as subject matter within the scope of the Uniform Trade Secrets Act or similar state laws, but may merely be information and data we conclude is confidential.  Confidential Information shall not include information that is publicly known through no breach by you, or information that you obtained independently without access to Confidential Information, or rightfully received by you from a third party, or required to be disclosed by law or by a governmental authority.  We have no obligation to protect your confidential information except for as set forth by our privacy policy or the law of the State of Texas.  In general, it is not our intention to disclose your confidential information except as required by law or in the normal course of our business as required to provide services to you. Again, please consult our privacy policy for details as to our obligations regarding the protection of your confidential information. 

6. Term

  1. This Agreement shall remain in full force and effect while you use our Hosting Service. All terms and conditions that would reasonably survive the termination of this Agreement shall so survive.
  2. You may terminate your use of this Service at anytime, without or without notice to us, but you shall immediately stop using each and every tool and service that we provide at the time you elect to terminate this Agreement. 
  3. Should you terminate this Agreement, you must immediately follow any termination of Service instructions we have published on our website. You understand that closing your account with us may result in the irretrievable loss of your data and information related to your user account.
  4. We may terminate your user account and your ability to access, duplicate, preserve, data or use our tools and services at any time, without no notice or explanation to you, for any reason we deem in our sole discretion to be appropriate, without having any duty to provide any explanation or justification to you, which may include the destruction of any statistics, data, or information (“user data”) otherwise reachable or used by you, without any compensation of any nature provided to you regarding any such loss. You agree to hold us harmless from any damages relating to such destruction of such user data.   

7. Changes and Modification to our Hosting Service and Website.

  1.  We reserve the right to modify, change or replace any of the conditions and terms of this Agreement with no prior notice to you.  Your continued use of any tool or service that we provide is your express indication to us that you agree to be bound by each term and condition of any subsequent version of this Agreement.  While we may provide you with notice of a new version of this Agreement, by either email or by posting a notice on our website, we have no duty to do so. Consequently, you agree to read this Agreement at least on a weekly basis. We shall post a notice at the top of this Agreement to disclose if the Agreement is a new edition.
  2. If you do not wish to agree to the terms and conditions of any subsequent version of this Agreement, your sole remedy is to stop using our tools and services and close your membership account with us.

 

8. Legal Terms          

  1. THE TOOLS AND SERVICES THAT WE PROVIDE, INCLUDING ALL HOSTING FUNCTIONS AND INFORMATION OF ALL AND ANY NAURE, RELATED IN ANY WAY TO OUR SITE OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM OUR SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATABILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT, TOOL OR SERVICE WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SITE OR THE SERVERS THAT MAKE SUCH CONTENT, TOOLS AND SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR SHALL PRODUCE ANY PARTIUCULAR RESULT, PROFIT OR GAIN.  WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT, TOOL OR SERVICE. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT, TOOL OR SERVICE AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
  2. INDEMNIFICATION
    You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any of our reasonable legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use of the of our site and the tools and services we provide and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
  3. LIMITATION OF LIABILITY
    UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY OUR SITE AND ITS TOOLS, SERVICES OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A OUR SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO OUR SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.
  4. WE MAY TERMINATE YOUR FURTHER ACCESS TO OUR SITE OR HOSTING SERVICE OR CHANGE OUR SITES AND ITS TOOL AND SERVICES OR DELETE CONTENT, TOOLS, SERVICES, FUNCTIONALTIES, OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.
  5. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

9. JURISDICTION, ARBITRATION AND MISCELLANEOUS TERMS 

  1. Jurisdiction and Arbitration. This Agreement will be governed by and construed in accordance with the internal laws of the State of Texas, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this section, all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration conducted in Dallas, Texas, before J.A.M.S./ENDISPUTE or its successor ("JAMS") pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the "Act"); and the terms and conditions of this Agreement. The arbitration will be conducted in accordance with the provisions of J.A.M.S.'s Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration (the "JAMS Rules"), subject to the provisions of this Section. The terms set forth in this Agreement will control in the event of any inconsistency between such terms and the JAMS Rules. The parties will cooperate with JAMS and with each other in promptly selecting a single arbitrator from JAMS's panel of neutrals. If the parties fail to so select an arbitrator within thirty (30) days following the date of either party's notice of demand to conduct arbitration, then JAMS will appoint an arbitrator in accordance with the JAMS Rules. The award of the arbitrator will be in writing and will set forth findings of fact and conclusions of law. Judgment on the arbitrator's award will be final and binding upon the parties and may be entered in any court having jurisdiction thereof. If for any reason JAMS or its successor no longer is in business, then the arbitration shall be conducted in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitrator's fees will be shared equally by the parties and each party will initially bear its own costs and attorneys' fees, but the prevailing party shall be reimbursed by the other party for all attorneys fees, witness fees, and arbitration costs. All papers, documents, or evidence, whether written or oral, filed with or presented in connection with the arbitration proceeding will be deemed by the parties and by the arbitrator to be confidential information of both parties. The arbitrator chosen in accordance with these provisions will not have the power to alter, amend or otherwise affect the terms of these arbitration provisions or the provisions of this Agreement. Notwithstanding the foregoing, nothing in this section shall prevent either party from applying for and obtaining from a court a temporary restraining order and/or other injunctive relief. You must be physically present in Dallas, Texas at your sole expense, during all arbitration hearings so that you can be cross-examined in person, including any witnesses you proffer. 
  2. The Relationship of Parties hereto this Agreement are as independent businesses only, and nothing in this Agreement or the conduct of the parties pursuant hereto shall establish a relationship of principal/agent, franchiser/franchisee, employer/employee, master/servant, or otherwise.
  3. This Agreement represents the complete agreement concerning the subject matter hereof between the parties and supersedes all prior agreements and representations between them.
  4. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable.
  5. If we fail to act with respect to a breach of this Agreement by you or by others does not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches.
  6. This Agreement is personal to you and may not be assigned or transferred for any reason whatsoever without our consent and any action or conduct in violation of the foregoing shall be void and without effect.
  7. We expressly reserve the right to assign or transfer this Agreement, in whole or in part, without any notice to you, and/or to delegate any of its obligations hereunder.  You may not transfer or assign this Agreement in any manner without our written permission, which will not be unreasonably withheld. This Agreement shall be governed by and construed under Texas law as such law applies to agreements between Texas residents entered into and to be performed entirely within Texas and without reference or regard to its conflict of laws provisions, pursuant to mandatory, binding arbitration as set forth herein.
  8. Notice. Any notices required under this Agreement shall be made us via the support email address we provide on our website. We will provide notice to the e-mail address you have used to register for the Service.
  9. You are required to agree to the Terms of any Partner we use to provide services as well as the Google Analytics’ Terms of Service.
  10. We may provide users with bandwidth, disk space and other resources, such as e-mail and/or file-transfer-protocol ("FTP") accounts, the amount of which is defined in our web pages describing the package of Services purchased at the time of purchase. In some cases, we may not establish a specific amount of bandwidth, disk space and other resources, and refer to that as "Unlimited". In all cases, the Services are intended for normal use only, and any activity that results in excessive usage that is inconsistent with normal usage patterns is strictly prohibited. We reserve the right to suspend, discontinue or delete the accounts of users whose use of disk space, bandwidth or other resources exceeds the norm, results in or presents the risk of degradation of service to other customers, regardless of the amount of disk space, bandwidth or other resources included in the user's plan. User agrees that such usage shall not exceed the amounts set by us for the Services purchased (the "Agreed Usage") and is additionally subject to normal usage guidelines established by us as in effect from time to time. These allotments are optimized and dedicated towards serving the Content and User's active electronic mail services related solely to user's web hosting account(s) with us.
  11. Any “free” account is provide according to the user limitations that we have set via the documentation upon our site, and within this Agreement, but may also be cancelled at anytime for us, with no notice, for any reason we deem, in our sole discretion, to be appropriate. We will monitor each user's use of bandwidth, disk usage and other resources. in I our sole discretion, we shall have the right to take any reasonable corrective action if t user's utilization of bandwidth, disk usage or other resources exceeds the Agreed Usage, normal usage, or is used for other improper storage or usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, removal or deletion of user's web site, user content, redirecton of user's traffic, user's electronic mail and e-mail services and/or other materials and services or termination the User's account and of this Agreement, which actions may be taken in our sole and absolute discretion.
  12. WE MAY DISCONTINUE OR REFUSE SERVICE TO ANY INDIVIDUAL OR ENTITY FOR ANY REASON WE, IN OUR SOLE DISCRETION, FIND APPROPRIATE.  IF WE CANCEL SERVICE TO YOU, WE MAHY DO SO WITHOUT PRIOR NOTICE TO YOU AND YOUR DATA, CONTENT, FILES AND ACCOUNT INFORMATION MAY BE PERMANENTLY LOST TO YOU. YOU AGREE TO HOLD US HARMLESS FROM ANY RELATED LOSSES. WE WILL PROVIDE NO REFUNDS OF ANY NATURE TO YOU IF WE DISCONTINUE SERVICE TO YOU FOR ANY REASON WHATSOEVER.
  13. YOU AGREE TO REFRAIN FROM ANY USAGE, TACTICS, OR METHODS THAT WE CONSIDER HARMFUL TO OUR BUSINESS, OUR USER BASE, OR THE INTERNET COMMUNITY.  SCAMS, DECEPTION, AND HARMFUL ACTS WILL RESULT IN YOUR ACCOUNT BEING SHUT DOWN WITH NO NOTICE TO YOU AND YOUR DATA LOST.
  14. You agree to comply with the requirements of the Digital Millennium Copyright Act (the "DMCA"), which can be found at http://www.copyright.gov/legislation/pl105-304.pdf and acknowledge that we are a "service provider" under the DMCA.
  15. You agree to refrain from any violation of the Anti-Cyber Squatting Consumer Protection Act.
  16. You will not use the any Domain Name to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, such as "netiquette"; and you will not knowingly use any Domain Name in violation of any applicable laws or regulations, for any defamatory purposes, or in connection with the distribution or receipt of child pornography.
  17. Prohibited Organizations/Entities. The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that certain organizations and/or entities (collectively "Prohibited Organizations/Entities" and individually "Prohibited Organization/Entity") are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded from all or certain commercial transactions with the United States, its citizens and residents. The Prohibited Organizations/Entities are those as set forth in the applicable records of the government of the United States, including without limit those set forth at: http://www.ustreas.gov/ofac; and, http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/de..., as said determinations and resulting records may be amended, updated, or otherwise modified from time to time. Each Prohibited Organization/Entity is hereby prohibited from registering or signing up with, subscribing to, or using any service that we provide.
  18. You are responsible for all use of your website, with or without your knowledge or consent. You agree to use the Services only for lawful purposes, in compliance with all applicable laws. Illegality includes, but is not limited to, drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEGs, ROMs and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions; stalking; or violating other state or federal law, such as the Electronic Communications Privacy Act. 
  19. Hosting space is intended for normal use only, and is limited to Web files, active e-mail and content of the hosted Web sites, not for offsite storage of electronic files, electronic mail or FTP hosts. You are responsible for removing any files, e-mails or other data, which do not meet these requirements, and for adhering to any usage requirements or limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials (including without limitation files and e-mails), and/or in discontinuation of your services or account, which actions we may take in our sole discretion.
  20. Materials in the public domain (e.g., images, text, and programs) may be downloaded or uploaded using the Services. You may also re-distribute materials in the public domain. You assume all risks regarding the determination of whether the material is in the public domain. You are prohibited from storing, distributing or transmitting any unlawful material through the Services.
  21. Unacceptable affronts to netiquette and unacceptable activities include, but are not limited to, the following: spamming (sending unsolicited advertising to those with which you have no existing business relationship and posting off-topic advertising in newsgroups); spoofing (using a return email address that is not the valid reply address of the sender or sending an email message that does not contain enough information to enable the recipient to identify you); passive spamming (promoting a website hosted by us by spamming from some other source); trolling (posting controversial messages in newsgroups to generate responses); mailbombing (inundating a user with email without any serious intent to correspond or sending large or multiple files to a user); generating a higher volume of outgoing mail than a normal user; propagating chain letters; and subscribing someone else to an electronic mailing list without that person's permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distribute unsolicited email. Any violations of the aforementioned terms will result in account suspension or termination.
  22. We do not promise to back up your data. Please back up your data each day.  You agree to take full responsibility for files and data transferred and to us and maintain all appropriate backup of your files and data at all times.  We are not responsible for any losses due to your data and or files being lost!