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Terms of Service

The Terms of Service form a legally binding contract between you and Mastermind Networks and applies to your use of the Mastermind Networks services. This Terms of Service affects your rights and you should read it carefully. We encourage you to print the Terms of Service or copy it to your computer's hard drive for your reference. These Terms of Service and all supplemental terms, as amended, govern your use of any service to which you have access offered by Mastermind Networks or any of its subsidiaries and affiliates . If additional terms and/or agreements apply to the Mastermind Networks service used by you , those additional terms and/or agreements apply as well and govern your use of the service(s) provided by Mastermind Networks . By using Mastermind Networks services you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) or that you have reviewed this Terms of Service with your parent or guardian and he or she assents to these Terms of Service on your behalf and takes full responsibility for your compliance with them . You agree that you and/or your parent or guardian are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms of Service, and to abide and comply with these Terms of Service.

In this Terms of Service (“Agreement(s)” , “Term(s)” , “Condition(s)” , “Terms of Service” , “Terms of Usage” ) between You and Mastermind Networks ("Mastermind Networks") consists of these Terms of Service . "You" , "you" , "User" , "user”, “Your" ,"your", "client" or "Client" means any entity(person) identified in an form submitted by the same or affiliated persons and/or any agency or network acting on its (or their) behalf , which shall also be bound by the terms of this Terms of Service . Unless otherwise stated, “Mastermind Networks" "we”, "us" or "our" will refer collectively to Mastermind Networks and its subsidiaries, affiliates, directors, officers, employees, agents and contractors . As used in these Terms of Service , references to our "Affiliates" include owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.

By clicking "I Agree", "I Accept” or by submitting information through the Mastermind Networks you agree to the terms and conditions of this Terms of Service, the Mastermind Networks Privacy Policy , any documents incorporated by reference and that you completely read and understood this document . You further agree that this Terms of Service forms a legally binding contract between you and Mastermind Networks, and that this Terms of Service constitutes "a writing signed by You" under any applicable law or regulation. Any rights not expressly granted herein are reserved by Mastermind Networks.

These terms and conditions constitute the entire Terms of Service and understanding between us concerning the subject matter of this Terms of Service and supersedes all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Service may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void. To the extent, that anything in or associated with this site is in conflict or inconsistent with these Terms of Service, these Terms of Service shall take precedence.

Through its network of Web properties, Mastermind Networks provides you with access to a variety of resources, including developer tools, download areas, communication forums, and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties and any service or business relation are subject to the Terms of Service.

These Terms of Service are effective as of 16.02.2011 (16^th of February 2011). Mastermind Networks expressly reserve the right to change these Terms of Service at any time without any prior notice to you and/or any notice at all by posting of the revised Terms of Service on the Mastermind Networks website. Terms of Service for new Mastermind Networks are effective immediately upon publishing .You acknowledge and agree that it is your sole responsibility to review this site and these Terms of Service to familiarize yourself with any modifications, new information and terms that govern your use of Mastermind Networks services. You may review the current Terms of Service prior to initiating a transaction at any time at our Terms of Service page. Your continued use of this site after such modifications will constitute acknowledgment of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.

We make various services available on this site including, but not limited to hosting, web design, and other like services. You are responsible for providing, at your own expense, all equipment necessary to use the services, including a computer, modem, and Internet access (including payment of all fees associated with such access).

We reserve the sole right to either modify or discontinue the site, including any of the site's features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms of Service.

You have the right to cancel your Account or a particular subscription to a Mastermind Networks service at any time. If you do not agree to the terms in this Terms of Service, your sole remedy is to not use Mastermind Networks Services and to cancel your Account or applicable subscriptions.

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address, which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with Mastermind Networks, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. Mastermind Networks is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high-risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase or any other documents Mastermind Networks may request. If you fail to meet these requirements, the order may be considered fraudulent in nature and may be denied.

Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we cannot make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases, we may be unable to assist you in a transfer of data from an old host.

Accounts - In order to access some of the features of this Site or use the Services found at this Site, you must create an Account. You represent and warrant to Mastermind Networks that all information you submit when you create your Account is accurate, current, and complete, and that you will keep your Account information accurate, current, and complete. If Mastermind Networks has reason to believe that your Account information is untrue, inaccurate, out-of-date, or incomplete, Mastermind Networks reserves the right, in its sole and absolute discretion, to suspend or terminate your Account.

You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, Payment Method(s) (as defined below). For security purposes, Mastermind Networks recommends that you change your password at least once every three (3) months for each Account you have with Mastermind Networks.

You must notify Mastermind Networks immediately of any breach of security or unauthorized use of your Account. Mastermind Networks will not be liable for any loss you incur due to any unauthorized use of your Account either with or without your knowledge.

You, however, may be liable for any loss Mastermind Networks or another party incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.

Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Mastermind Networks immediately of any unauthorized use of your account or any other breach of security.

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account.

If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.

You may not use anyone else's account at any time, without the permission of the account holder.

Mastermind Networks services, including all related equipment, networks, and network devices are provided only for authorized customer use. Mastermind Networks systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of Mastermind Networks system(s) constitutes consent to monitoring for these purposes.

You agree to pay any and all prices and fees due for Services purchased at this Site at the time you order the Services. All prices and fees are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. Mastermind Networks expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.

Where refunds are issued, Mastermind Networks’ issuance of a refund receipt is confirmation that Mastermind Networks has submitted your refund to the Payment Method charged at the time of the original sale. You acknowledge and agree that the associated payment provider and/or individual issuing bank establish and regulate the time frames for posting your refund. Refund posting time frames may range from five (5) business days to a full billing cycle.

Except as prohibited in any product-specific agreement, you may pay for Services by providing a valid credit card, an electronic check (from your personal or business checking account, as appropriate), PayPal (as defined below) or Western Union to establish a cash reserve for charge by Mastermind Networks (each, a “Payment Method”) . For Services that offer “Express Checkout”, clicking the Express Checkout button will automatically place an order for that Service and charge the primary Payment Method on file for your Account. Confirmation of that order will be sent to the email address on file for your Account. Your Payment Method on file must be kept valid if you have any active Services in your Account.

Some Mastermind Networks Services offer an automatic renewal option. While the details of the automatic renewal option vary from Service to Service, generally the Services that offer an automatic renewal option treat it as the default setting. Therefore, unless you select the manual renewal option, Mastermind Networks will automatically renew your Services when they come up for renewal and will take payment from the Payment Method you have on file with Mastermind Networks at Mastermind Networks’ then current rates.

If you are being billed on a monthly basis, your monthly billing date will be based on the date of the month you purchased the Services .

In an effort to ensure that there is no interruption of Services, Mastermind Networks may participate in “recurring billing programs” or “account updater services” supported by your credit card provider (and ultimately dependent on your bank’s participation). If you are enrolled in an automatic renewal, option and we are unable to successfully charge your existing Payment Method, your credit card provider, (or your bank) may notify us of updates to your credit card number and/or expiration date, or they may automatically charge your new credit card on our behalf without notification to us. In accordance with recurring billing program requirements, in the event that we are notified of an update to your credit card number and/or expiration date, Mastermind Networks will automatically update your payment profile on your behalf. Mastermind Networks makes no guarantees that we will request or receive updated credit card information. You acknowledge and agree that it is your sole responsibility to modify and maintain your Account settings, including but not limited to (i) setting your renewal options and (ii) ensuring your associated Payment Method(s) are current and valid. Further, you acknowledge and agree that your failure to do so, may result in the interruption or loss of Services, and Mastermind Networks shall not be liable to you or any third party regarding the same.

If for any reason Mastermind Networks is unable to charge your Payment Method for the full amount owed for the Services provided, or if Mastermind Networks is charged a penalty for any fee it previously charged to your Payment Method, you agree that Mastermind Networks may pursue all available lawful remedies in order to obtain payment. If you pay by credit card and if for any reason Mastermind Networks is unable to charge your credit card with the full amount owed for the Services provided, or if Mastermind Networks is charged back for any fee it previously charged to the credit card you provided, you agree that Mastermind Networks may pursue all available lawful remedies in order to obtain payment. You agree that the remedies Mastermind Networks may pursue in order to effect payment shall include, but not be limited to, immediate cancellation without notice to you of any services registered or renewed on your behalf. Mastermind Networks reserves the right to charge you reasonable “administrative fees” or “processing fees” for

(i) tasks Mastermind Networks may perform outside the normal scope of its Services,

(ii) additional time and/or costs Mastermind Networks may incur in providing its Services, and/or

(iii) your noncompliance with this Agreement (as determined by Mastermind Networks in its sole and absolute discretion). Typical scenarios include, but are not limited to, customer service issues that require additional personal time or attention, fees incurred by third-party payment providers such as PayPal, Alertpay , etc. (as defined below), fees incurred as the result of chargebacks or other payment disputes brought by you, your bank, or a Payment Method processor, and disputes that require accounting or legal services. These administrative fees or processing fees will be billed to the Payment Method you have on file with Mastermind Networks.

Mastermind Networks may offer product-level pricing in various currencies; however, transaction processing is supported only in U.S. dollars and a select number of the currency options displayed on this Site ("Supported Currency" or “Supported Currencies”). If the currency selected is a Supported Currency, then the transaction will be processed in the Supported Currency and the pricing displayed during the checkout process will be the actual amount processed and submitted to your bank for payment. If the currency selected is not a Supported Currency, then the transaction will be processed in U.S. dollars and the pricing displayed during the checkout process will be an estimated conversion price at the time of purchase. In either case (whether the currency selected is a Supported Currency or not), if the transaction is processed in a currency that differs from the currency of your bank account, you may be charged exchange rate conversion fees by your bank. In addition, due to time differences between

(i) the time you complete the checkout process,

(ii) the time the transaction is processed, and

(iii) the time the transaction posts to your bank statement, the conversion rates may fluctuate, and Mastermind Networks makes no representations or warranties that (a) the amount submitted to your bank for payment will be the same as the amount posted to your bank statement (in the case of a Supported Currency) or (b) the estimated conversion price will be the same as either the amount processed or the amount posted to your bank statement (in the case of a non-Supported Currency), and you agree to waive any and all claims based upon such discrepancies (including any and all claims for a refund based on the foregoing). In addition, regardless of the selected currency, you acknowledge and agree that you may be charged Value Added Tax ("VAT"), Goods, and Services Tax ("GST"), or other localized fees and/or taxes, based on your bank and/or the country indicated in your billing address section.

We reserve the right to change prices listed on Mastermind Networks.info, and the right to modify the amount of resources given to plans at any time. Mastermind Networks reserves the right to revise its policies at any time without notice.

You agree that Mastermind Networks may use Your name and logo in presentations, marketing materials, customer lists, financial reports, Web site listings of customers, Search Results Pages, and Referral Pages. If You wish to use Mastermind Networks 's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Brand Features"), You may do so, so long as such use is in compliance with this Terms of Service and in compliance with Mastermind Networks’ then current Brand Feature use guidelines, and any content contained or referenced therein, which guidelines may be found at the following .

Information Rights. Mastermind Networks may retain and use, subject to the terms of the Mastermind Networks Privacy Policy all information You provide, including but not limited to Property demographics and contact and billing information. You agree that Mastermind Networks may transfer and disclose to third parties personally identifiable information about You including to third parties that reside in jurisdictions with less restrictive data laws than Your own. Mastermind Networks may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Mastermind Networks disclaims all responsibility and will not be liable to you, however, for any disclosure of that information by any such third party. Mastermind Networks may share non-personally-identifiable information about You, including Property URLs, Property-specific statistics and similar information collected by Mastermind Networks, with advertisers, business partners, sponsors, and other third parties. In addition, You grant Mastermind Networks the right to access, index and cache the Property(ies), or any portion thereof, including by automated means .

Mastermind Networks may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act

You may violate the Terms of Service if, as determined by Mastermind Networks in its sole discretion, you: You will not use this Site or the Services found at this Site in a manner (as determined by Mastermind Networks in its sole and absolute discretion) that:

You acknowledge and agree that:

Your use of this Site and the Services found at this Site, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.

Is illegal, or promotes or encourages illegal activity;

Promotes, encourages, or engages in behavior that is harmful, abusive, hateful, racially, religiously or ethnically offensive, obscene, threatening, bullying, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, encourages conduct that would violate a law or in a reasonable person's view, objectionable and/or inappropriate.

Use abusive, offensive, or defamatory forum names and/or personas.

Disrupt the flow in forums with vulgar language, abusiveness, use of excessive shouting [all caps] in an attempt to disturb others, "spamming" or flooding [posting repetitive text].

Promotes, encourages, or engages in child pornography or the exploitation of children;

Promotes, encourages, or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class;

Promotes, encourages, or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;

Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;

Infringes on the intellectual property rights of another User or any other person or entity;

Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;

Interferes with the operation of this Site or the Services found at this Site;

Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware ;

Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Mastermind Networks or Mastermind Networks’ Services.

You will not copy or distribute in any medium any part of this Site or the Services found at this Site, except where expressly authorized by Mastermind Networks.

You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.

You will not access Mastermind Networks Content (as defined below) or User Content through any technology or means other than through this Site itself, or as Mastermind Networks may designate.

You agree to back-up all of your User Content so that you can access and use it when needed. Mastermind Networks does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.

You will not use this Site or the Services found at this Site, including any of Mastermind Networks’ related technologies, for any commercial use without Mastermind Networks’ express prior written consent.

- Harass, threaten, embarrass, or do anything else that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.

- Impersonate any other person or entity, or submit content on behalf of another User or any other person or entity, indicate falsely that you are an Mastermind Networks employee or a representative of Mastermind Networks, or attempt to mislead users by indicating that you represent Mastermind Networks or any of Mastermind Networks’ partners or affiliates.

- Attempt to get a password, account information, or other private information from anyone else using Mastermind Networks Services.

- Upload any software or Content that you do not own or have permission to freely distribute.

- Violate any additional Terms of Service applicable to a specific Mastermind Networks Service that you are using.

- Promote, encourage, or take part in any illegal activity including hacking, cracking, taking advantage of exploits or cheats and/or distribution of counterfeit software.

- Upload files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt Mastermind Networks Services.

- Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.

- Improperly the support system or make false reports to Mastermind Networks staff.

- Use or distribute unauthorized "auto" software programs, "macro" software programs or other "cheat utility" software program or applications.

- Modify or attempt to modify any part of the Mastermind Networks Service that Mastermind Networks does not specifically authorize you to modify.

- Post or communicate any person's real-world personal information using an Mastermind Networks Service without the consent of that person.

- Attempt to interfere with, hack into, or decipher any transmissions to or from the servers for a Mastermind Networks Service.

- Attempt to use Mastermind Networks Software on or through any service that is not controlled or authorized by Mastermind Networks. Any such use is at your own risk and may subject you to additional or different terms. Mastermind Networks takes no responsibility for your use of Mastermind Networks Software on or through any service that is not controlled by Mastermind Networks.

- Unless expressly authorized by Mastermind Networks, you may not sell, buy, trade, or otherwise transfer your Mastermind Networks account or any personal access to Mastermind Networks Services, Content, or Entitlements, including by use of auction websites.

- You may not conduct any activities that violate the laws of any jurisdiction including but not limited to copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, stalking, fraud, and the distribution of counterfeit software.

- submit content on behalf of another User or any other person or entity, without their express prior written consent.

- You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.

Mastermind Networks reserves the right to modify, change, or discontinue any aspect of this Site or the Services found at this Site, including without limitation prices and fees for the same, at any time.

Specific Mastermind Networks Services may also post additional rules that apply to your conduct on those services. You must also obey all federal, state, and local laws, regulations and rules that apply to your activities when you use Mastermind Networks Services. Mastermind Networks reserves the right to terminate your Account and to prevent your use of any and all Mastermind Networks Services if your Account is used to engage in illegal activity or to violate this Terms of Service.

Unless otherwise specified, the Services are for your personal and non-commercial use. You may not modify copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.

In addition to the general rules above apply specifically to your use of Mastermind Networks Content and User Content posted to Mastermind Networks’ corporate websites (i.e., those sites which Mastermind Networks directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.

Mastermind Networks Content. Except for User Content, the content on this Site and the Services found at this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“ Mastermind Networks Content”), are owned by or licensed to Mastermind Networks in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Mastermind Networks Content is provided to you “as is”, “as available” and “with all faults” for your information and personal and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Mastermind Networks. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Mastermind Networks reserves all rights not expressly granted in and to the Mastermind Networks Content, this Site and the Services found at this Site, and this Agreement do not transfer ownership of any of these rights.

User Content. Some of the features of this Site or the Services found at this Site may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). By posting or publishing User Content to this Site or to the Services found at this Site, you represent and warrant to Mastermind Networks that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) you do not violate the rights of any third party.

Security. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Mastermind Networks Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the Mastermind Networks Content or the User Content therein.

Generally. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.

With Respect to User Submissions. You acknowledge and agree that:

Your User Submissions are entirely voluntary.

Your User Submissions do not establish a confidential relationship or obligate Mastermind Networks to treat your User Submissions as confidential or secret.

Mastermind Networks has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.

Mastermind Networks may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.

Mastermind Networks shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.

With Respect to User Content (Other Than User Submissions).

If you have a website hosted by Mastermind Networks or another service provider, you shall retain all of your ownership or licensed rights in User Content posted to your website.

However, if you post or publish your User Content to this Site, you authorize Mastermind Networks to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement. Accordingly, you hereby grant Mastermind Networks a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site and Mastermind Networks’ (and Mastermind Networks’ affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that Mastermind Networks may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, Mastermind Networks shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site or Mastermind Networks’ (or Mastermind Networks’ affiliates’) business(es).

Mastermind Networks generally does not pre-screen User Content (whether posted to a website hosted by Mastermind Networks or posted to this Site). However, Mastermind Networks reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. Mastermind Networks may remove any item of User Content (whether posted to a website hosted by Mastermind Networks or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Mastermind Networks in its sole and absolute discretion), at any time and without prior notice. Mastermind Networks may also terminate a User’s access to this Site or the Services found at this Site if Mastermind Networks has reason to believe the User is a repeat offender. If Mastermind Networks terminates your access to this Site or the Services found at this Site, Mastermind Networks may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.

Mastermind Networks expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Mastermind Networks in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Mastermind Networks in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of Mastermind Networks, its officers, directors, employees and agents, as well as Mastermind Networks’ affiliates.

Mastermind Networks expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.

You acknowledge you have read, understand, and agree to be bound by Mastermind Networks’ Anti-Spam Policy referenced above and available here. You agree Mastermind Networks may immediately terminate any Account that it believes, in its sole and absolute discretion, is transmitting, or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay Mastermind Networks liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account.

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by Mastermind Networks. Mastermind Networks assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Mastermind Networks does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release Mastermind Networks from any and all liability arising from your use of any third-party website. Accordingly, Mastermind Networks encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

Mastermind Networks reserves the right at all times to disclose any information as Mastermind Networks deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Mastermind Networks' sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Services. Mastermind Networks does not control or endorse the content, messages, or information found in any Communication Services and, therefore, Mastermind Networks specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Managers and hosts are not authorized Mastermind Networks spokespersons, and their views do not necessarily reflect those of Mastermind Networks.

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction, and/or dissemination; you are responsible for adhering to such limitations if you download the materials.

VPS accounts may not:

a) exceed a 15 minute load average greater than two (2) times the amount of CPU cores given.

b) run public IRCd's or malicious bots.

c) run any type of BitTorrent client or tracker that links to or downloads illegal content.

d) use an Open/Public proxy, or utilize a proxy to access illegal/malicious content.

e) use I/O intensive applications which adversely affect normal server operations.

VPS accounts come with a default node limit of 1,000,000 to better protect the file system. The limit can be increased if there is a legitimate reason to have it increased. To make a request, please email our support team.

VPS accounts will be governed by our dedicated server mail policy, which is available at Dedicated server mail policy.

Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. Mastermind Networks is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Mastermind Networks servers. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by Mastermind Networks.

Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same

account. Please do not take backups of your backups.

Examples of unacceptable material on all Shared and Reseller servers include:

* Topsites

* IRC Scripts/Bots

* Proxy Scripts/Anonymizers

* Pirated Software/Warez

* Image Hosting Scripts (similar to Photobucket or Tinypic)

* AutoSurf/PTC/PTS/PPC sites

* IP Scanners

* Bruteforce Programs/Scripts/Applications

* Mail Bombers/Spam Scripts

* Banner-Ad services (commercial banner ad rotation)

* File Dump/Mirror Scripts (similar to rapidshare)

* Commercial Audio Streaming (more than one or two streams)

* Escrow/Bank Debentures

* High-Yield Interest Programs (HYIP) or Related Sites

* Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid

Scheme)

* Sale of any controlled substance without prior proof of appropriate permit(s)

* Prime Banks Programs

* Lottery/Gambling Sites

* MUDs/RPGs/PBBGs

* Hateful/Racist/Harassment oriented sites

* Hacker focused sites/archives/programs

* Sites promoting illegal activities

* Forums and/or websites that distribute or link to warez/pirated/illegal content

* Bank Debentures/Bank Debenture Trading Programs

* Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)

* Mailer Pro

* Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF,

etc.

* Examples of unacceptable material on all dedicated servers include:

* IRCD (irc servers)

* IRC Scripts/Bots

* Pirated Software/Warez

* IP Scanners

* Bruteforce Programs/Scripts/Applications

* Mail Bombers/spam Scripts

* Escrow

* High-Yield Interest Programs (HYIP) or Related Sites

* Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid

Scheme)

* Sale of any controlled substance without prior proof of appropriate permit(s)

* Prime Banks Programs

* Lottery/Gambling Sites

* Hateful/Racist/Harassment oriented sites

* Hacker focused sites/archives/programs

* Sites promoting illegal activities

* Forums and/or websites that distribute or link to warez/pirated/illegal content

* Bank Debentures/Bank Debenture Trading Programs

* Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)

* Mailer Pro

* Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF,

etc)

Mastermind Networks services, including all related equipment, networks and network devices are provided only for authorized

customer use. Mastermind Networks systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against

unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized

purposes. Use of Mastermind Networks system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to

suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Mastermind Networks may, at its discretion, request and

require documentation to prove access to a third party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or

violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your

services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.

If in doubt regarding the acceptability of your site or service, please contact us at abuse@Mastermind Networks.org and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child

pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account. Direct customers: Your services will be terminated with or without notice.

Any software that is made available to download from the Services ("Software") is the copyrighted work of Mastermind Networks and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). An end user will be unable to install any Software that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms.

The Software is made available for download solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited, unless such reproduction or redistribution is expressly permitted by the license agreement accompanying such software.

The software is warranted, if at all, only according to the terms of the license agreement. Except as warranted in the license agreement, Mastermind Networks Corporation hereby disclaims all warranties and conditions with regard to the software, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement.

For your convenience, Mastermind Networks may make available as part of the services or in its software products, tools and utilities for use and/or download. Mastermind Networks does not make any assurances with regard to the accuracy of the results or output that derives from such use of any such tools and utilities. Please respect the intellectual property rights of others when using the tools and utilities made available on the services or in Mastermind Networks software products.

You acknowledge that Mastermind Networks owns all right, title and interest, including without limitation all Intellectual Property Rights. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble, or otherwise attempt to derive source code from any Mastermind Networks services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto. You will not remove, obscure, or alter Mastermind Networks' copyright notice, Brand Features, or other proprietary rights notices affixed to or contained within any Mastermind Networks services, software, or documentation . "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.

In no event shall Mastermind Networks and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from the services.

Mastermind Networks is the sole proprietor of anything you provide to Mastermind Networks (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your information you are granting Mastermind Networks , its affiliated companies and necessary sublicenses permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Mastermind Networks Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.

No compensation will be paid with respect to the use of your Submission, as provided herein. Mastermind Networks is under no obligation to post or use any Submission you may provide and Mastermind Networks may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Service including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), you warrant and represent that :

(a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Service ,

(b) you have the rights necessary to grant the licenses and sublicenses described in these Terms of Service, and

(c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images.

By Posting Images, you are granting :

(a) to all members of your private community (for each such Images available to members of such private community), and/or

(b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.

Mastermind Networks may investigate any activity that may violate the Terms of Service . You agree that Mastermind Networks may, in our sole discretion, suspend or terminate all or part of the service(s) available to you with or without notice and for any reason, including, without limitation, breach of these suspend or any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

All communications , information and data exchanged including but not limited to e-mails ,blogs, chats that take place from/to/on our systems are fully subjected to Mastermind Networks Privacy Policy by agreeing to the present document you agreed fully and irreversibly whit our Privacy Policy .

Mastermind Networks shall not be responsible for any damages your business may suffer. Mastermind Networks makes no warranties of any kind, expressed or implied for services we provide. Mastermind Networks disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Mastermind Networks and its employees.

In addition, for the avoidance of doubt, Mastermind Networks does not guarantee the services will be operable at all times or during any down time (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of Your equipment, systems or local access services, (iii) for previously scheduled maintenance or (iv) relating to events beyond Mastermind Networks’ (or its wholly owned subsidiaries’) control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where Mastermind Networks (or its wholly owned subsidiaries) or Your servers are located or co-located.

You agree not to disclose Mastermind Networks Confidential Information " Mastermind Networks Confidential Information" includes without limitation: (a) all Mastermind Networks software, technology, programming, specifications, materials, guidelines and documentation ;

(b) statistics relating to Property performance in the Service provided to You by Mastermind Networks; and

(c) any other information designated in writing by Mastermind Networks as "Confidential" or an equivalent designation.

You agree to indemnify, defend and hold Mastermind Networks, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g. relevant advertisers, syndication partners, licensors, licensees, consultants and contractors) (collectively "Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from Your use of the Program, the Property(ies), and/or Your breach of any term of this Agreement.

Limitations of liability; force majeure. Except for any indemnification and confidentiality obligations hereunder or your breach of any intellectual property rights and/or proprietary interests relating to the program,

(i) in no event shall either party be liable under this agreement for any consequential, special, indirect, exemplary, or punitive damages whether in contract, tort or any other legal theory, even if such party has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy and

(ii) Mastermind Networks' aggregate liability to publisher under this agreement for any claim is limited to the net amount paid by Mastermind Networks to publisher during the three month period immediately preceding the date of the claim. Each party acknowledges that the other party has entered into this Terms of Service relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing and except for payment obligations, Mastermind Networks shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures.

You specifically acknowledge and agree that your use of this site and the services found at this site shall be at your own risk and that this site and the services found at this site are provided “as is”, “as available” and “with all faults”. Mastermind Networks, its officers, directors, employees, and agents disclaim all warranties, statutory, express or implied, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Mastermind Networks , its officers, directors, employees, and agents make no representations or warranties about

(i) the accuracy, completeness, or content of this site,

(ii) the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site, and/or

(iii) the services found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, and Mastermind Networks assumes no liability or responsibility for the same.

In addition, you specifically acknowledge and agree that no oral or written information or advice provided by Mastermind Networks , its officers, directors, employees, or agents (including without limitation its call center or customer service representatives) will (i) constitute legal or financial advice or (ii) create a warranty of any kind with respect to this site or the services found at this site, and users should not rely on any such information or advice .

The foregoing disclaimer of representations and warranties shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this Terms of Service or your use of this Site or the Services found at this Site.

In no event shall Mastermind Networks , its officers, directors, employees, or agents be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any that may result from

(i) the accuracy, completeness, or content of this site,

(ii) the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site,

(iii) the services found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site,

(iv) personal injury or property damage of any nature whatsoever,

(v) third-party conduct of any nature whatsoever,

(vi) any unauthorized access to or use of our servers and/or any and all content, personal information, financial information or other information and data stored therein,

(vii) any interruption or cessation of services to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site,

(viii) any viruses, worms, bugs, trojan horses, or the like, which may be transmitted to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site,

(ix) any user content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, “x-rated”, obscene or otherwise objectionable, and/or

(x) any loss or damage of any kind incurred as a result of your use of this site or the services found at this site, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not Mastermind Networks is advised of the possibility of such damages.

IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.

IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that in no event shall Mastermind Networks’ total aggregate liability exceed the total amount paid by you for the particular Services that ARE the subject of the cause of action .

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

You agree to protect, defend, indemnify and hold harmless Mastermind Networks and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Mastermind Networks directly or indirectly arising from :(i) your use of and access to this Site or the Services found at this Site;

(ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or

(iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

You agree to defend, indemnify and hold harmless Mastermind Networks and Mastermind Networks Affiliates, contractors, vendors, and content providers from all liabilities, claims and expenses, including attorneys' fees, that arise from or relate to a breach of these Terms of Service for which you are responsible or in connection with your distribution of any Content on or through Mastermind Networks Services. Without limiting the generality of the foregoing, you agree to indemnify and hold Mastermind Networks harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use of Mastermind Networks Services and for all of your communication and activity on Mastermind Networks Services, including any Content you contribute, and that you will indemnify and hold harmless Mastermind Networks and Mastermind Networks Affiliates from any liability or damages arising from your conduct on Mastermind Networks Services, including any Content that you contribute.

Mastermind Networks reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Mastermind Networks in that matter. This Section shall survive termination of this Terms of Service.

Customer agrees that it shall defend, indemnify, save and hold Mastermind Networks harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Mastermind Networks , its agents, its customers, officers and employees, that may arise or result from any service provided or 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 Mastermind Networks against liabilities arising out of :

(1) any injury to person or property caused by any products sold or otherwise distributed in connection with Mastermind Networks;

(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;

(3) copyright infringement and

(4) any defective products sold to customers from Mastermind Networks' server.

All materials and services on this site are provided on an "as is" and "as available" basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, we make no warranty that

(a) the services and materials will meet your requirements,

(b) the services and materials will be uninterrupted, timely, secure, or error-free,

(c) the results that may be obtained from the use of the services or materials will be effective, accurate or reliable, or

(d) the quality of any products, services, or information purchased or obtained by you from the site from us or our affiliates will meet your expectations or be free from mistakes, errors or defects.

This site could include technical or other mistakes, inaccuracies, or typographical errors. We may make changes to the materials and services at this site, including the prices and descriptions of any products listed herein, at any time without notice. The materials or services at this site may be out of date, and we make no commitment to update such materials or services .

The use of the services or the downloading or other acquisition of any materials through this site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.

In no event shall we or our affiliates be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not we have been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of this site or of any web site referenced or linked to from this site.

Arbitration By using any Mastermind Networks services, you agree to submit to binding arbitration. If any disputes or claims arise against Mastermind Networks or its subsidiaries, such disputes will be handled by an arbitrator of Mastermind Networks' choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Delaware. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

This site (excluding any linked sites) is controlled by us from our offices within the Delaware , United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Delaware, by accessing this site both of us agree that the statutes and laws of the State of Delaware, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue any court of competent jurisdiction within the State of Delaware with respect to such matters.

If you have any questions about our Terms of Service, contact us at:

501 Silverside Road

Suite 105, Wilmington DE - 19809

United States of America

Do note that Mastermind Networks has no obligation to monitor the Communication Services. Mastermind Networks reserves the right to terminate access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.