Terms of Use

All users of Mountain Internet Incorporated's services, and all customers upon signing up for Mountain Internet Incorporated's services, agree to comply with Mountain Internet Incorporated's Terms of Use ("TOU"). The reason for the TOU is to ensure customers are using Mountain Internet Incorporated's services with due regard to the rights of other Internet users and in conformity with the requirements of Mountain Internet Incorporated's network environment. The TOU are not exhaustive and Mountain Internet Incorporated reserves the right to add, delete, or modify any provision of its TOU at any time without notice, effective upon either the posting of the modified TOU to mountaininternet.com or notification of the modified TOU. Any complaints about a customer's violation of the TOU should be sent to support@mountaininternet.com. Except when expressly agreed to the contrary in writing by an authorized representative of Mountain Internet Incorporated, this TOU supersedes any other agreement with Mountain Internet Incorporated, whether written, oral, by conduct, or otherwise.

A. Mountain Internet Incorporated Web Hosting & Ecommerce Customer Restrictions
B. Mountain Internet Incorporated Dedicated Server Customer Restrictions
C. All Mountain Internet Incorporated Customer Terms of Use
D. All Mountain Internet Incorporated Customer Billing Policy
E. Privacy Policy
F. Copyright Violations


A. Mountain Internet Incorporated Web Hosting & Ecommerce Customer Restrictions
The following Terms of Use apply only to Mountain Internet Incorporated's Web Hosting and Ecommerce customers, and supplement the terms in sections C and D that apply to all Mountain Internet Incorporated customers:

Server Resources
Any Web site that uses a large amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. Mountain Internet Incorporated will be the sole arbiter of what is considered to be a high server usage level. All Web Hosting and Ecommerce accounts come with a limit of 5,000 files per account. Each block of 5,000 files after the initial 5,000 will incur an additional charge of US$9.95/month. Any Web Hosting and Ecommerce account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice. Use of third party automated server access applications not allowed.

Scripts
Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. Mountain Internet Incorporated does not permit script sharing with domains not hosted by Mountain Internet Incorporated or any scripts that may be abused for UCE purposes.

Chat Rooms
Mountain Internet Incorporated does not allow Web Hosting and Ecommerce customers to install their own chat rooms except on dedicated servers. Chat rooms require significant system resources and therefore cannot be permitted as an account option.

Background Running Programs and Cron Jobs
Mountain Internet Incorporated may allow programs to run in the background. These programs will be considered on an individual basis and Web Hosting and Ecommerce customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact Mountain Internet Incorporated at support@mountaininternet.com so that we can arrange set-up.

IRC
Mountain Internet Incorporated does not allow IRC or IRC bots to be operated by Web Hosting and Ecommerce customers except on dedicated servers.

Software Distribution
Mountain Internet Incorporated's Web Hosting and Ecommerce accounts are not configured for the purposes of distributing software and/or multimedia products other than Progressive Download Multimedia. If you wish to distribute software and/or multimedia files, please contact sales@mountaininternet.com to make special arrangements.

Multimedia Files
Multimedia files are defined as any graphics, audio, and video files. Mountain Internet Incorporated Web Hosting and Ecommerce accounts are not to be used for the purposes of distributing and storing large amounts of multimedia files. Any Web site whose disk space usage for storing multimedia files exceeds 50% of its total usage, in terms of total size or number of files, will be considered to be using a large amount of multimedia files.

B. Mountain Internet Incorporated Dedicated Server Customer Restrictions
The following Terms of Use apply only to Mountain Internet Incorporated's Dedicated Server customers, and supplement the terms in sections C and D that apply to all Mountain Internet Incorporated customers:

Customer Security Responsibilities
The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer's server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer's server and any other requirement affected by the security breach.

IRC
Mountain Internet Incorporated allows Dedicated Server customers the use of IRC inside the Mountain Internet Incorporated network as long as the use of IRC on a Mountain Internet Incorporated server does not violate any of the other terms of these TOU. As a policy, Mountain Internet Incorporated will not provide vanity IRC reverse DNS records.

Billing for Network Resources
The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer's server to the Internet. The customer may request that the customer's server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.

C. All Mountain Internet Incorporated Customer Terms of Use
The following Terms of Use apply to ALL Mountain Internet Incorporated customers:

Minimum Age Requirement
Mountain Internet Incorporated customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the TOU in order for the Minor to become a Mountain Internet Incorporated customer. A parent or guardian who accepts the TOU on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOU, including the timely and full payment of the charges for Mountain Internet Incorporated services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains Mountain Internet Incorporated's express written consent to the contrary. Any acceptance of the TOU or any other agreement for Mountain Internet Incorporated's services will be deemed null and void to the extent that Mountain Internet Incorporated will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of Mountain Internet Incorporated's services.

Governing Law and Severability
The TOU, and any other agreement for Mountain Internet Incorporated services, will be governed by and construed in accordance with the laws of the State of Arizona, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and Mountain Internet Incorporated will take place in Arizona, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other Mountain Internet Incorporated agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.

Force Majeure
Mountain Internet Incorporated will not be liable for delays in its performance of the TOU or Mountain Internet Incorporated services caused by circumstances beyond Mountain Internet Incorporated's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). Mountain Internet Incorporated will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.Waiver and AmendmentAny waiver, modification, or amendment of any provision of the TOU or other agreement for Mountain Internet Incorporated services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of Mountain Internet Incorporated.

Independent Contractors
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Mountain Internet Incorporated and its customers. Each of Mountain Internet Incorporated and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

Construction and Interpretation
Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU.

Complete Agreement and Exclusivity
The TOU, and/or any other specific agreement for Mountain Internet Incorporated services, constitutes the complete understanding and agreement between Mountain Internet Incorporated and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Mountain Internet Incorporated, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for Mountain Internet Incorporated services is between Mountain Internet Incorporated and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Mountain Internet Incorporated.

Third Party Providers
You agree that certain services may be provided by third party providers of Mountain Internet Incorporated and that your use of such services may be subject to further agreements, policies, terms, and conditions in addition to those contained or referenced in this Agreement.

Proxy Services
For domain name registration services where a third party provider is named in your place ("Proxy Services"), you agree that if Mountain Internet Incorporated or the third party provider does not receive a response to a communication sent to you within 48 hours of such communication being sent, then the sender of such communication may, at its sole discretion, suspend or terminate the Proxy Services. If Mountain Internet Incorporated provides the particular Proxy Services, then Mountain Internet Incorporated reserves the right to suspend or terminate any or all of the services provided to you entirely in such event.

Revocation
Mountain Internet Incorporated reserves the right to immediately suspend, terminate, transfer, or modify your domain name registration for reasons including (i) your breach of this Agreement, (ii) your use of the domain name registration services in a manner that is in contradiction of applicable laws or customarily acceptable usage policies of the Internet industry, including sending mass unsolicited commercial advertisements or otherwise spamming, making or sending threats, harassments or obscenities, (iii) your use of the domain name registration services in connection with unethical activity, (iv) Mountain Internet Incorporated's receipt of an order from a court of competent jurisdiction or an arbitration award, or (iv) any other grounds that impose a legal risk to Mountain Internet Incorporated as determined at its sole reasonable discretion. You agree that you shall not receive any refund whatsoever for any such suspension, termination, transfer, or modification to your domain name registration.

D. All Mountain Internet Incorporated Customer Billing Policy
The following Terms of Use constitute Mountain Internet Incorporated's Billing Policy and apply to ALL Mountain Internet Incorporated customers:

Payments
All charges are shown in US Dollars. Payments are to be made in US dollars. Mountain Internet Incorporated accepts the following types of payment:

• Cash, Check or Money Order
• Credit Card (VISA, MasterCard, American Express, Discover)
• Bank WireTransfer
• PayPal

All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. If you provide Mountain Internet Incorporated your credit card information, you authorize Mountain Internet Incorporated to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with Mountain Internet Incorporated's Billing Policy in the TOU. Charges subsequent to your initial order will accumulate in your account until such charges exceed $9.95. Mountain Internet Incorporated will then automatically charge your credit card on the next Account Statement Date. You are responsible for notifying Mountain Internet Incorporated of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status).

Accounts that are more than fourteen (14) days past due will be automatically suspended. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney's fees, court costs, and collection agency fees. After 30 days of Past Due status the account will be closed and data lost.

Billing Cycles (Terms)
Mountain Internet Incorporated offers four Billing Cycles (terms) for hosting charges: Monthly, Semi-Annual (6 months), and Yearly (12 months). The Billing Cycle begins on the Plan Activation Date. Non-credit card payment methods are limited to Annual, Semi-Annual, or Quarterly Billing Cycles.

You may elect to change your Billing Cycle at any time; however, the new Billing Cycle will only take effect at the time of the next plan renewal and a $10.00 administrative fee will be charged.

All additional features added to an account are charged monthly. Additional items are non-refundable.

Account Renewals
In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan's Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.
Important Notice
Domain name registrations and Web hosting accounts are handled by separate entities. In the event you need to cancel, you must specify whether you would like to cancel your domain name only, your Web hosting plan only, or both your domain and hosting accounts. The cancellation or expiration of your domain name does not automatically terminate your hosting account (or vice versa). Your hosting account billing term automatically renews upon its completion, unless you notify Mountain Internet Incorporated that you would like to cancel your account.

Statements
Mountain Internet Incorporated does not mail paper invoices or statements except to customers paying by check.

Fees

• Returned (NSF) Checks
• Mountain Internet Incorporated charges a $25.00 fee for returned (NSF) checks. Customers that issue an NSF check will be required to submit future payments with a certified check or money order.


• Credit Card Chargebacks
• A $25.00 chargeback fee will be assessed for each credit card chargeback received by Mountain Internet Incorporated.


• Bank Wire Payments
• Mountain Internet Incorporated charges a $10.00 fee for accepting payment via bank wire. In addition, your issuing bank may also charge a fee for sending the wire. Please add these fees to the amount that you are sending to Mountain Internet Incorporated or the amount credited to your account will be less than your intended payment.


• Reactivation
• Customers that wish to reactivate a closed account will be assessed a $25.00 reactivation fee. A $50.00 fee will be assessed if Mountain Internet Incorporated restores your data files to your reactivated account. We do not guarantee that we will have files for a closed account.


• Hosting Plan Changes
• There is no upgrade fee for upgrading to a higher priced plan, however, you will be charged any difference between the setup fee applicable to your new and former plans.


• Platform Change
• Customers that elect to change plans to a different operating system platform will be charged a $25.00 platform change fee.


• Account Splits and Mergers
• Mountain Internet Incorporated encourages customers to merge hosting plans contained in two or more accounts into one account. There is no fee for this service. Customers may also request that Mountain Internet Incorporated separate one or more plans contained under one account into separate accounts. The fee for this service is $19.95 for each new account created and is charged to the new account. Please direct all requests for these services to: support@mountaininternet.com.

Cancellations
Hosting plans will automatically renew until a plan is cancelled. In order to cancel service, you must contact Mountain Internet Incorporated's Customer Relations Team, Monday through Friday, 9:00 A.M. to 5:00 P.M. Mountain Time, at 602-490-0279. Mountain Internet Incorporated's Customer Relations Specialists will assist you with the cancellation process. Please be aware that there are no pro-rated refunds after the first 30 days of service. Non-US customers may contact Mountain Internet Incorporated's Billing Team via email at payments@mountaininternet.com

Cancellation requests must be received by Mountain Internet Incorporated a minimum of thirty (30) days prior to the end of your Billing Cycle for dedicated server plans and a minimum of ten (10) days prior to the end of your Billing Cycle for all other plans. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by Mountain Internet Incorporated. Mountain Internet Incorporated is unable to cancel your account effective for a future date. Mountain Internet Incorporated will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact Mountain Internet Incorporated as soon as possible.

Mountain Internet Incorporated does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to Mountain Internet Incorporated's services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. Mountain Internet Incorporated Corporation reserves the right to cancel any account, at any time, without notice, for any reason Mountain Internet Incorporated Corporation considers appropriate.

30-Day Money Back Guarantee
Each of Mountain Internet Incorporated's shared hosting plans carries a 30-day unconditional money back guarantee. If you are not completely satisfied with our services or support within the first 30 days, you will be given a full refund of the fees paid in advance (excluding setup fees) upon plan cancellation. The following services do not qualify for the 30 Day Money Back Guarantee: additional items and services; domain name registration and dedicated servers.

Refund Policy
Refunds are only available in accordance with the 30 Day Money Back Guarantee. Refunds will be provided in the same payment method of the original payment. There are no refunds offered or promised after 30 days.

Credit Card Disputes/Chargebacks
Mountain Internet Incorporated has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at Mountain Internet Incorporated's discretion. A charge of $25.00 per chargeback will be assessed to all accounts that receive a chargeback.

Billing/Price Changes
Mountain Internet Incorporated's policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.

E. Privacy Policy
Mountain Internet Incorporated respects the privacy of its customers and visitors and is committed to protecting the personal information of its customers and visitors. This Privacy Policy covers the site www.mountaininternet.com. We collect no personally identifiable information about you when you visit our site unless you choose to provide that information to us or as specifically outlined in this Policy. This Policy is incorporated into and subject to the Terms of Use ("TOU") Agreement found above.

This Policy describes our general principles for the collection and use of information from customers and visitors to our Web sites. We want to ensure that you understand how we will and will not use the information you entrust to us. In order to fully understand your rights we encourage you to read this Policy.

For visitors, we've structured our Web sites so that, in general, you can visit us on the Web without identifying yourself or revealing any personal information.

For prospective and existing customers and partners, once you choose to provide us personally identifiable information (any information by which you can be identified), you can be assured that it will only be used to support your relationship with Mountain Internet Incorporated.

What type of information does Mountain Internet Incorporated collect?
When you visit our Web site, our Web server collects basic user information about you that includes your ISP's domain, the time you accessed our Web site, and the pages from within our Web site that you visit and is not personally identifiable information except as needed to prevent fraud or abuse of the system.

When you sign up for Mountain Internet Incorporated's services, you provide us with both contact and payment information. Contact information typically includes your name, address, and phone number. Payment information typically includes your credit card number.

While you are a Mountain Internet Incorporated customer, we manage information with regard to your account status, choice of services, and customer logs. In addition, we may store customers' electronic mail and other communications as a necessary incident to the transmission and delivery of those communications.

How do we use this information?
Mountain Internet Incorporated does not trade, rent or sell your personal information to any other organization or third party.

We use the contact information you provide us to establish our service for you. We use payment information for payment processing purposes only. We create and maintain other information such as customer account status, choice of services, and customer logs in the normal course of providing service. By pressing the "submit" button, each visitor constitutes consent to use the information for purposes stated in this Policy.

Mountain Internet Incorporated may share customer information with selected partners/third parties, for example, to provide you with information about products which might be of interest to you or to enable you to take advantage of special partner programs. Mountain Internet Incorporated may also use customer information to provide customers with system information or information about new or upgraded products if you have chosen to receive such offers. Customers may opt out of receiving information about partner/third party promotional emails from Mountain Internet Incorporated by sending a request to support@mountaininternet.com.

We may disclose contact information with your permission when gathering and posting testimonials.

We will not otherwise disclose customer personal and account information unless we have reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of Mountain Internet Incorporated, our customers, or others. We may provide information to regulatory authorities and law enforcement officials in accordance with applicable laws or where Mountain Internet Incorporated has a good faith belief that the law requires such disclosure.

Mountain Internet Incorporated also will not disclose to third parties the contents of any electronic mail or other electronic communications that Mountain Internet Incorporated stores or transmits for its customers except where: (a) it is a matter or public safety or policy; (b) it is in connection with the transfer of other business assets; (c) it is required to cooperate with orders, warrants, or other legal process that Mountain Internet Incorporated determines in its sole discretion to be valid and enforceable; and (d) it is necessary to provide to a law enforcement agency when the contents are inadvertently obtained by Mountain Internet Incorporated and appear to pertain to the commission of a crime.

Mountain Internet Incorporated disclaims any intention to censor, edit, or engage in ongoing review or surveillance of communications stored on or transmitted through its facilities by customers or others. Mountain Internet Incorporated will, however, review, delete, or block access to communications that may harm Mountain Internet Incorporated, its customers or third parties. The grounds on which Mountain Internet Incorporated may take such action include, but are not limited to, actual or potential violations of the TOU.

Please note that Mountain Internet Incorporated may use this information collected to direct notices as well as provide you with other general information that may be of interest to you and information about our services or product offerings or the offerings of our business affiliates, as well as other important information regarding your account or services at our discretion.

Customers may opt out of receiving newsletters and/or promotional emails from Mountain Internet Incorporated by sending a request to support@mountaininternet.com. In this request, customers must identify their domain name and contact information. Customers may not opt out of receiving information from Mountain Internet Incorporated which is essential for maintaining or updating customers account or system information.

Third Party Advertising and Cookies
The basic user information collected is used to help us analyze Web traffic, improve the content of our Web site and improve your experience on our Web site.

We do not trade, rent or sell your personal information to others, except as detailed in this Policy. We currently contract with several online partners who use the data only on our behalf to help manage and optimize our Internet business and communications. We use the services of a marketing company to help us measure the effectiveness of our advertising and how visitors use our site. To do this, we use Action Tags and cookies provided by our marketing company on this site. The information collected by the marketing company through the use of Action Tags and cookies is not personally identifiable. The information we collect helps us learn things like what kinds of customers our site attracts, which of our products most interest our customers, and what kinds of offers our customers like to see. Although our marketing company logs the information coming from our site on our behalf, we control how that data may and may not be used.

We may at times also use cookies, which are small pieces of information that a Web site can store in a designated file on your computer. Cookies allow a Web application to respond to you as an individual. By gathering and remembering information about your preferences, the Web application can tailor its operation to your needs, likes, and dislikes. Most web browsers allow you to control this use of cookies. Please take a look at your particular browser for instructions on this function. If you elect to disable cookies, please keep in mind that you will not be able to take full advantage of a personalized experience on our Web site. It is possible that some portions of the site will not function properly or may perform more slowly if you choose to reject cookies.

Our Web site may allow for a chat function. Chat functions allow you to participate in "live" online conversations with us on our Web site. Although the transcripts from the chats may be stored internally on in-house servers for our records only, we collect no personally identifiable information about you when you participate unless you choose to provide that information to us.

Security
Mountain Internet Incorporated has security measures in place to help prevent the loss, misuse and alteration of the information under our control. When you place an order online, your information, including your credit card number, is protected using Secure Socket Layer (SSL) encryption technology. This encrypts order data and is designed to aid in ensuring the accuracy and security of that customer information.

Links
Our Web site provides links to other Web sites, sites that may be maintained by companies that are not affiliates of ours. We are not responsible for the privacy practices or the content of such Web sites and we encourage you to use caution. In particular, we recommend that you view the privacy policy posted on each site to confirm the sites policies are acceptable to you. This Policy applies solely to information collected by this Web site.

Children's Privacy
Mountain Internet Incorporated does not sell products or services for purchase by children. Customers must be at least 18 years of age. Any individual under the age of 18 ("Minor") must have a parent or guardian accept the TOU in order for the Minor to become a Customer. If you are under 18, we strongly encourage you to use our Web site only with the involvement of a parent or guardian.

Changes to our Policy
Mountain Internet Incorporated reserves the right to change this Policy simply by posting such changes on our site. We encourage you to periodically check our site for changes to this Policy since your continued use of the site following any changes to this Policy will be deemed to constitute your acceptance of such change. The operative and effective version of this Policy will be the latest version available on the site.

Contact Us
If you have questions or concerns regarding this Policy, you should contact us by email at support@mountaininternet.com

F. Copyright Violations
The Digital Millennium Copyright Act ("DMCA") sets forth the law regarding the use of copyrighted materials on the Internet. All Mountain Internet customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a Mountain Internet customer (per the DMCA) to Mountain Internet must follow the below procedures. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at Mountain Internet's sole discretion.

DMCA Copyright Infringement Notification Requirements:

• Physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf (the "Claimant").
• Identification of the copyrighted work(s) claimed to have been infringed.
• Identification of the material claimed to infringe the copyright(s), and enough information for Mountain Internet to locate it including URLs and specific descriptions of the infringing material at each URL.
• The Claimant's name, address, and telephone number(s).
• A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.
• A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.
• Send the notification via mail, email, or fax to:

Mountain Internet
602-490-0279
621 S. 48th St., Suite 110
Tempe, AZ 85281


The DMCA contains very specific guidelines as to what proper notification of claimed infringement must contain. Copyright owners may obtain a copy of the DMCA, including these guidelines, by visiting the web site of the U.S. Copyright Office at http://www.copyright.gov/title17/92chap5.html#512.

Mountain Internet is not required to respond to notices that do not meet the requirements of the DMCA. Copyright owners should be aware that there are substantial penalties for false claims and that Mountain Internet will actively refer complainants who use the DMCA for improper purposes to relevant law enforcement agencies.

In the event that Mountain Internet must remove, or disable access to, material on your web site that is alleged to infringe another's copyright under the DMCA, you acknowledge and agree that Mountain Internet may do so by disabling access to your entire web site.

DMCA Counter Notification Requirements:

• Physical or electronic signature of the Customer (ie., allegedly infringing web site's owner) or a person authorized to act on the Customer's behalf.
• Identification of the copyrighted work(s) claimed to have been infringed.
• Identification of the material claimed to infringe the including URLs and specific descriptions of the infringing material at each URL.
• The Customer's name, address, and telephone number(s).
• A statement under penalty of perjury that the Customer has a good faith belief that the material was removed or disabled or is a result of a mistake or misidentification.
• A statement that the Customer consents to the jurisdiction of Federal District Court for the judicial district in which the Customer's address is located, or if the Customer's address is outside the U.S., for any judicial district in which the service provider may be found, and that the Customer will accept service of process from the complainant (or agent thereof).
• Email the counter notification to support@mountaininternet.com.

Child Pornography
The use of Mountain Internet's services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Mountain Internet 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, its services.

We use the contact information you provide us to establish our service for you. We use payment information for payment processing purposes only. We create and maintain other information such as customer account status, choice of services, and customer logs in the normal course of providing service. By pressing the "submit" button, each visitor constitutes consent to use the information for purposes stated in this Policy.

Privacy
Mountain Internet is concerned with the privacy of on-line communications and Web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Mountain Internet urges its customers to assume that all of their on-line communications are insecure. Mountain Internet cannot take any responsibility for the security of information transmitted over Mountain Internet's facilities.

Customer Responsibility
Customers are required to use the Mountain Internet network responsibly. This includes respecting the other customers of Mountain Internet. Mountain Internet reserves the right to suspend and/or cancel service with any customer who uses the Mountain Internet network in such a way that adversely affects other Mountain Internet customers. While Mountain Internet may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Mountain Internet does not monitor its customers' communications or activities to determine whether they are in compliance with the TOU. However, when Mountain Internet becomes aware of any violation of the TOU or other user agreements, Mountain Internet may take any action to stop or correct such violation, including, but not limited to, denying access to Mountain Internet's services and equipment or to the Internet. In addition, Mountain Internet may take action against a customer or a customer of such customer because of the activities of such customer. Mountain Internet anticipates that customers who offer Internet services will cooperate with Mountain Internet in any corrective or preventive action that Mountain Internet deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Mountain Internet policy and Mountain Internet reserves the right to take any such action even though such action may affect other customers of the Mountain Internet customer.

Actions Taken by Mountain Internet
The failure by a customer to meet or follow any of the TOU is grounds for account deactivation. Mountain Internet will be the sole arbiter as to what constitutes a violation of the TOU. Mountain Internet reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When Mountain Internet becomes aware of an alleged violation of its TOU, Mountain Internet will initiate an investigation. During the investigation, Mountain Internet may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Mountain Internet may, at its sole discretion, restrict, suspend, or terminate a customer's Web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Mountain Internet will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. Mountain Internet does not issue credits for outages incurred through service disablement resulting from TOU violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Mountain Internet.

Indemnification
Mountain Internet customers agree to protect, defend, hold harmless, and indemnify Mountain Internet, any third party entity related to Mountain Internet (including, without limitation, third party vendors), and Mountain Internet's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of Mountain Internet's services.

Disclaimer
The Mountain Internet service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Mountain Internet expressly disclaims any representation or warranty that the Mountain Internet service will be error-free, secure or uninterrupted. No oral advice or written information given by Mountain Internet, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Mountain Internet and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Termination for Bankruptcy or Insolvency
If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, Mountain Internet may immediately terminate provision of Mountain Internet's services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against Mountain Internet in such event.

LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL MOUNTAIN INTERNET (INCLUDING, WITHOUT LIMITATION, MOUNTAIN INTERNET's EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING MOUNTAIN INTERNET's SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR MOUNTAIN INTERNET SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY MOUNTAIN INTERNET SERVICES EVEN IF MOUNTAIN INTERNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MOUNTAIN INTERNET's TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR MOUNTAIN INTERNET's SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY MOUNTAIN INTERNET OR MOUNTAIN INTERNET's REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.

Modifications
Mountain Internet may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Mountain Internet's services. Certain changes to Mountain Internet's services may affect the operation of customers' personalized applications and content. Each customer is solely responsible, and Mountain Internet is not liable, for any and all such personalized applications and content, except as expressly agreed to by Mountain Internet.

Backup of Data
Except where Mountain Internet has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and Mountain Internet is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with Mountain Internet services.

Third Party Licenses
Mountain Internet makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively "Technologies"), part of which may be licensed, or co-branded, from or by, third party entities. However, Mountain Internet makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, Mountain Internet specifically disclaims all warranties of merchantability and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold Mountain Internet liable in any way for the revocation of any license, which has been licensed to Mountain Internet. The use of the Technologies obtained from or through Mountain Internet, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.

Non-Mountain Internet Products
Any mention of non-Mountain Internet products by Mountain Internet, its employees, or any third party entity related to Mountain Internet is for information purposes only and does not constitute an endorsement or recommendation by Mountain Internet. Mountain Internet disclaims any and all liabilities for any representation or warranty made by the vendors of such non-Mountain Internet products or services.

Mountain Internet's Intellectual Property
Customers will not, without Mountain Internet's express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on Mountain Internet's Web site, and customers will not use any of Mountain Internet's trademarks, service marks, copyrighted materials, or other intellectual property without Mountain Internet's express written consent. Customers will not, in any way, misrepresent their relationship with Mountain Internet, attempt to pass themselves off as Mountain Internet, or claim that customers are Mountain Internet.

Assignment
Customers may not assign or delegate their rights or obligations under the TOU or other agreement for Mountain Internet's services, either in whole or in part, without the prior written consent of Mountain Internet.

Minimum Age Requirement
Mountain Internet customers must be at least 18 years of age. Any individual under the age of 18 years ("Minor") must have a parent or guardian accept the TOU in order for the Minor to become a Mountain Internet customer. A parent or guardian who accepts the TOU on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOU, including the timely and full payment of the charges for Mountain Internet services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains Mountain Internet's express written consent to the contrary. Any acceptance of the TOU or any other agreement for Mountain Internet's services will be deemed null and void to the extent that Mountain Internet will not be liable in any way as a result of the Minor's age or legal incapacity or the Minor's use of Mountain Internet's services.

Governing Law and Severability
The TOU, and any other agreement for Mountain Internet services, will be governed by and construed in accordance with the laws of the State of Oregon, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and Mountain Internet will take place in Oregon, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other Mountain Internet agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.

Force Majeure
Mountain Internet will not be liable for delays in its performance of the TOU or Mountain Internet services caused by circumstances beyond Mountain Internet's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively "Force Majeure"). Mountain Internet will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.Waiver and AmendmentAny waiver, modification, or amendment of any provision of the TOU or other agreement for Mountain Internet services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of Mountain Internet.

Independent Contractors
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Mountain Internet and its customers. Each of Mountain Internet and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.

Construction and Interpretation
Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU.

Complete Agreement and Exclusivity
The TOU, and/or any other specific agreement for Mountain Internet services, constitutes the complete understanding and agreement between Mountain Internet and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Mountain Internet, the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for Mountain Internet services is between Mountain Internet and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Mountain Internet.

Third Party Providers
You agree that certain services may be provided by third party providers of Mountain Internet and that your use of such services may be subject to further agreements, policies, terms, and conditions in addition to those contained or referenced in this Agreement.

Proxy Services
For domain name registration services where a third party provider is named in your place ("Proxy Services"), you agree that if Mountain Internet or the third party provider does not receive a response to a communication sent to you within 48 hours of such communication being sent, then the sender of such communication may, at its sole discretion, suspend or terminate the Proxy Services. If Mountain Internet provides the particular Proxy Services, then Mountain Internet reserves the right to suspend or terminate any or all of the services provided to you entirely in such event.

Revocation
Mountain Internet reserves the right to immediately suspend, terminate, transfer, or modify your domain name registration for reasons including (i) your breach of this Agreement, (ii) your use of the domain name registration services in a manner that is in contradiction of applicable laws or customarily acceptable usage policies of the Internet industry, including sending mass unsolicited commercial advertisements or otherwise spamming, making or sending threats, harassments or obscenities, (iii) your use of the domain name registration services in connection with unethical activity, (iv) Mountain Internet's receipt of an order from a court of competent jurisdiction or an arbitration award, or (iv) any other grounds that impose a legal risk to Mountain Internet as determined at its sole reasonable discretion. You agree that you shall not receive any refund whatsoever for any such suspension, termination, transfer, or modification to your domain name registration.

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