Cybermight Terms and Conditions

Universal Terms of Service for Cybermight, LLC Software and Services

This Agreement ("Agreement") is by and between Web Ad Campaign [registered F.F.N. of CyberMight LLC] ("CyberMight LLC") a/an NV Limited Liability Company and You, Your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of CyberMight LLC software (“Software”) and services (“Services”) and explains CyberMight LLC ’s obligations to You and Your obligations to CyberMight LLC in relation to the Software and Services You purchase.

This Agreement as well as any additional CyberMight LLC policies, together with all modifications thereto, constitute the complete and exclusive agreement between You and CyberMight LLC concerning Your use of CyberMight LLC ’s Software and Services, and supersede and govern all prior proposals, agreements, or other communications. All CyberMight LLC policies and agreements specific to particular Software and Service are incorporated herein and made part of this Agreement by reference, including the dispute policy (“UDRP”). By purchasing CyberMight LLC ’s Software or Services, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which CyberMight LLC may establish from time to time, and any agreements that CyberMight LLC is currently bound by or will be bound by in the future. You may view the latest version of this Agreement online.

In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with CyberMight LLC, whether or not the transactions were in Your behalf. You acknowledge that CyberMight LLC ’s acceptance of any application made by You for Services provided by CyberMight LLC will take place at the Internet Corporation for Assigned Names and Numbers ("ICANN") accredited registrar's offices located in Scottsdale, Arizona, USA.

The General Terms in Section A apply to all customers of CyberMight LLC. The Software and Services Specific Agreements incorporated in Section B apply only to customers who have purchased those referenced Services.

A. GENERAL TERMS APPLICABLE TO ALL SOFTWARE AND SERVICES

1. TERM OF AGREEMENT; MODIFICATIONS.
You agree that CyberMight LLC may modify this Agreement and the Services from time to time. You agree to be bound by any changes CyberMight LLC may reasonably make to this Agreement when such changes are made. If You have purchased Services or Software from CyberMight LLC , the term of this Agreement shall continue in full force and effect as long as You take advantage of and use the Software or Services. In the event You terminate Your usage, CyberMight LLC will not refund any amounts You have paid. You agree that CyberMight LLC shall not be bound by any representations made by third parties who You may use to purchase Services from CyberMight LLC , and that any statement of a general nature, which may be posted on CyberMight LLC ’s Web site or contained in CyberMight LLC ’s promotional materials, will not bind CyberMight LLC . CyberMight LLC may, at times, offer certain promotions with different charges and features.

You agree that You will be responsible for notifying CyberMight LLC should You desire to terminate Your use of CyberMight LLC 's Services. Notification of Your intent to terminate must be provided to CyberMight LLC no earlier than 10 days prior to Your billing date but no later than three days prior to Your billing date.

2. ACCURATE INFORMATION.
You agree to maintain accurate information by providing updates to CyberMight LLC , as needed, while You are using CyberMight LLC ’s Services. You agree You will notify CyberMight LLC within five (5) business days when any change of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by CyberMight LLC to determine the validity of information provided by You will constitute a material breach of this Agreement.

You agree that CyberMight LLC may use and rely on any such information provided by You for all purposes in connection with Your Services, subject to CyberMight LLC ’s Privacy Policy . If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if CyberMight LLC has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, CyberMight LLC has the absolute right, in its sole discretion, to terminate its Services and close Your account.

3. PRIVACY.
You can view CyberMight LLC ’s Privacy Policy here , which is incorporated herein by reference, as it is applicable to all Company Software and Services. The Privacy Policy provides Your rights and Company’s responsibilities with regard to Your personal information. Company will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy.

4. ACCOUNT SECURITY.
You agree You are entirely responsible for maintaining the confidentiality of Your customer number/login, password, credit card number, and shopper PIN (collectively, the "Account Access Information"). You agree You are entirely responsible for any and all activities that occur under Your account. You agree to notify CyberMight LLC immediately of any unauthorized use of Your account or any other breach of security. You agree CyberMight LLC will not be liable for any loss that You may incur as a result of someone else using Your Account Access Information, either with or without Your knowledge. You further agree You could be held liable for losses incurred by CyberMight LLC or another party due to someone else using Your Account Access Information. For security purposes, You should keep Account Access Information in a secure location and take precautions to prevent others from gaining access to Your Account Access Information. You agree that You will be responsible for all activity in Your account, whether initiated by You, or by others on Your behalf, or by any other means. CyberMight LLC specifically disclaims liability for any activity in Your account, whether authorized by You or not.

5. NO UNLAWFUL CONDUCT OR IMPROPER USE.
As a condition of Your use of CyberMight LLC ’s Software and Services, You agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and You agree to comply with any applicable local, state, federal and international laws, government rules or requirements. You agree You will not be entitled to a refund of any fees paid to CyberMight LLC if, for any reason, CyberMight LLC takes corrective action with respect to Your improper or illegal use of its Services.

CyberMight LLC reserves the right at all times to disclose any information as CyberMight LLC 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 CyberMight LLC's sole discretion.

If You have purchased Services, CyberMight LLC has no obligation to monitor Your use of the Services. CyberMight LLC reserves the right to review Your use of the Services and to cancel the Services in its sole discretion. CyberMight LLC reserves the right to terminate Your access to the Services at any time, without notice, for any reason whatsoever.

CyberMight LLC reserves the right to terminate Services if Your usage of the Services results in, or is the subject of, legal action or threatened legal action, against CyberMight LLC or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. CyberMight LLC may review every account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels.

Except as set forth below, CyberMight LLC may also cancel Your use of the Services, after thirty (30) days, if You are using the Services, as determined by CyberMight LLC in its sole discretion, in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and activities designed to harm or use unethically minors in any way. Notwithstanding anything to the contrary herein, in the event CyberMight LLC cancels Your Services during the first thirty (30) days after You purchase the Services, You will receive a refund of any fees paid to CyberMight LLC in connection with the Services being canceled. In the event CyberMight LLC deletes Your Services because they are being used in association with spam or morally objectionable activities, no refund will be issued. You agree You will not be entitled to a refund of any fees paid to CyberMight LLC if, for any reason, CyberMight LLC takes corrective action with respect to Your improper or illegal use of its Services.

6. NO SPAM; LIQUIDATED DAMAGES.
You agree CyberMight LLC may immediately terminate any account which it believes, in its sole 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 CyberMight LLC liquidated damages of $1 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with Your account, otherwise You agree to pay CyberMight LLC's actual damages. You acknowledge You have read and understand and agree to be bound by the terms and conditions of CyberMight LLC ’s Anti-spam Policy, available here . Such terms and conditions are applicable to the use of all CyberMight LLC Software and Services and are incorporated herein.

7. INTELLECTUAL PROPERTY.
You agree that CyberMight LLC or its licensor holds all rights, title and interest in all Software and Services and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to You and You agree to make no claim of interest in any such Services or Software.

You understand and agree that all content and materials contained in this Agreement, other policies, the CyberMight LLC Web site, and any affiliated Web sites, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that CyberMight LLC or its licensor expressly reserves its rights in and to all such content and materials. You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of CyberMight LLC or its licensor. No license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise.

8. USE OF CyberMight LLC SOFTWARE.
If You have licensed software from CyberMight LLC , CyberMight LLC grants You a limited, non-exclusive, nontransferable and non-assignable license to use the software for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two or more computers at one time.

You agree to not alter or modify the Software. You agree You are not authorized to combine the Software with any other software program, create derivative works based upon the Software, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the Software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code.

CyberMight LLC reserves all rights to the Software. The Software and any copies You are authorized to make are the intellectual property of CyberMight LLC . The source code and its organization are the exclusive property of CyberMight LLC and the Software is protected by copyright, including United States Copyright Law. Except as expressly provided for in this section, this Agreement does not grant You any rights in the Software and all rights are reserved by CyberMight LLC .

CyberMight LLC provides this Software “as is” without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.

9. FEES AND PAYMENT.
As consideration for the Software or Services purchased by You and provided to You by CyberMight LLC, You agree to pay CyberMight LLC at the time You order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated, or transferred prior to the end of the Services term. CyberMight LLC expressly reserves the right to modify pricing through email notification and/or notice on its Web site. Payment may be made by You by providing either a valid credit card, an online check, a personal check , or using CyberMight LLC ’s prepaid service Good as Gold, (“Prepaid Services”) to establish a cash reserve for charge by CyberMight LLC (collectively, the "Payment Method"). Your Prepaid Services account may be funded by a money order or a personal check under as further described, below.

If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchase the Services unless that date falls after the 28th of the month in which case Your billing date will be the 28th of each month. If You signed up for an annual (or longer) payment plan, and You elected the automatic renewal option, CyberMight LLC will automatically renew Your Services when they come up for renewal and will take payment from the Payment Method You have on file with CyberMight LLC, at CyberMight LLC's then current rates.

If for any reason CyberMight LLC is unable to charge Your Payment Method for the full amount owed CyberMight LLC for the Services provided, or if CyberMight LLC is charged a penalty for any fee it previously charged to Your Payment Method, You agree that CyberMight LLC may pursue all available remedies in order to obtain payment. If You pay by credit card and if for any reason CyberMight LLC is unable to charge Your credit card with the full amount of the Services provided, or if CyberMight LLC is charged back for any fee it previously charged to the credit card You provided, You agree that CyberMight LLC may pursue all available remedies in order to obtain payment. You agree that among the remedies CyberMight LLC may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to You of any domain names or Services registered or renewed on Your behalf. CyberMight LLC reserves the right to charge a reasonable administrative fee for administrative tasks outside the scope of its regular Services, including additional costs that it may incur in providing the Services and pass along to You. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, fees incurred by third parties You have elected to use as payment methods, including PayPal and Certegy, Inc., and disputes that require legal services. These charges will be billed to the Payment Method we have on file for You. You may change Your Payment Method at any time by logging into Your Account Manager.

You agree that You are solely liable for arranging that Your Services are renewed, and that CyberMight LLC shall not be liable to You or any third party if it is unable to charge Your Payment Method in order to renew Your Services.

While all purchases are processed in US dollars, CyberMight LLC may provide an estimated conversion price to currencies other than US dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimate. Due to potential slight time delays between actual purchase and the payment settlement, the actual price charged may fluctuate. Accordingly, CyberMight LLC makes no representations or warranties that the actual price will be the same or substantially similar to the actual price You will pay and You waive any and all claims based upon any discrepancy between the estimate and the actual price. In addition, you may be charged VAT, based on the country indicated in Your billing address section. Any amounts to be charged will appear during the checkout process.

A. Good as Gold Prepaid Services
Service Details.
By using CyberMight LLC’s Prepaid Services, You can transfer funds to CyberMight LLC in advance and use the balance of Your Prepaid Services Account ("Account") as You please. You can use Your Account to purchase any of the Software or Services of CyberMight LLC . As consideration for the Services purchased by You and provided to You by CyberMight LLC , You agree to pay CyberMight LLC in advance for the Services to be provided. Payment is to be made by You providing either a valid credit card, wire transfer, a money order, or personal check. Personal checks may only be used for payments of $100 or more, and may not be made for less than the amount required at purchase. Personal checks under $1,000 are subject to the same processing fees as wire transfers. All personal checks will be delayed fourteen (14) days until the money is credited, which may delay Your usage of the Software or Services. You agree that if the EFT or bank draft is returned unpaid, You will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from Your account using an EFT or bank draft.

You can verify the remaining funds in Your Account at any time by logging in to Manage Your Account or through the shopping cart on the CyberMight LLC Web site. Should You decide to terminate Your Account and seek a refund of Your Prepaid Services, Your refund will be made by check net of any discounts, including, but not limited to, reduced or waived wire transfer fees and/or the Cash Discount.

You acknowledge that funds transferred to Your Account will be held in an account by CyberMight LLC , which will not accrue or pay interest for Your benefit. To the extent interest may accrue, if any, You understand and agree that CyberMight LLC shall be entitled to receive and keep any such amounts to cover costs associated with the Prepaid Services.

You acknowledge that all transactions using Prepaid Services will be conducted in U.S. Dollars and that it is Your responsibility to arrange for foreign currency translations prior to funding Your Account. Wire transfers received by CyberMight LLC in foreign currencies will be returned and You will be responsible for the cost of returning such funds. Your Account must be funded on an initial basis with no less than one hundred dollars ($100.00), paid in U.S. funds. You agree that You will be responsible for all wire transfer fees, both incoming and outgoing, associated with Your Account. Any non-U.S. wire transfers may be subject to fees by either Your bank, intermediary banks or CyberMight LLC ’s bank, which may reduce the amount of the money received by CyberMight LLC ’s bank and subsequently funded into Your Prepaid Good as Gold Account. Customers funding a Good as Gold Account who wire $1,000 or more shall not be subject to a $20 wire transfer processing fee from CyberMight LLC . You hereby expressly give CyberMight LLC permission to reduce Your Account by the amount of wire transfer fees CyberMight LLC incurs in order to receive Your funds. All fees are subject to change and will be updated online in this Agreement.

Your Use of Prepaid Services
Use of funds in Your Account can only be made through the CyberMight LLC purchase process at CyberMight LLC ’s Web site. Purchases may not be made unless there are sufficient, available funds in Your Account at the time of purchase to cover the entire purchase amount, including any related fees as set forth herein or in other relevant agreements.

Additional funds may be added to Your Account at any time. The minimum increment for funds transfers is one hundred dollars ($100.00).

You will be able to access Your Account activity and records from the Manage Your Account link on CyberMight LLC ’s Web site. Your Account will show purchases and the amount of funds remaining in Your Account. CyberMight LLC reserves the right at all times to disclose any information about Your Account as CyberMight LLC 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 from Your Account, in the sole discretion of CyberMight LLC .

Specific Representations and Warranties
You agree that CyberMight LLC makes no representations or warranties of any kind in connection with Prepaid Services. CyberMight LLC expressly reserves the right to deny, cancel or transfer any Account that it deems necessary, in its discretion, to protect the integrity and stability of the Prepaid Services system, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of CyberMight LLC , as well as its affiliates, subsidiaries, officers, directors and employees. CyberMight LLC also reserves the right to freeze an Account during resolution of a dispute.

B. Payment By Check
By using CyberMight LLC ’s pay by check option (“Pay By Check”), You can purchase CyberMight LLC Software and Services using a personal check. In consideration for the Software and Services purchased by You and provided to You by CyberMight LLC , You agree to allow Certegy Check Services, Inc. ("Certegy") to debit the full amount of this transaction from Your checking account, which is non-refundable. Certegy will create an electronic funds transfer (EFT) or bank draft which will be presented to Your bank or financial institution for payment from Your checking account. The checking account must be at a financial institution in the United States, and the check must be payable in U.S. dollars.

It is Your responsibility to keep Your checking account current, and to have available funds in it. You agree that Certegy and CyberMight LLC will not be responsible for payments that fail to go through as a result of Your checking account no longer existing, or holding insufficient funds. If for any reason Certegy is unable to withdraw the full amount owed for the Services provided, You agree that Certegy and CyberMight LLC may pursue all available remedies in order to obtain payment. You agree that if the EFT or bank draft is returned unpaid, You will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from Your account using an EFT or bank draft.

The check may not be for less than the full amount required at that time. Personal checks under $1,000 are subject to the same processing fees as wire transfers. All personal checks may be delayed up to fourteen (14) days until the money is credited, which may delay Your usage of the Software or Services.

By clicking the box labeled “I agree” to the terms of the Pay by Check terms, You authorize the information provided to be used for the creation of an electronic funds transfer (EFT) or bank draft, and You authorize a debit of THE FULL AMOUNT of this order from Your checking account.

C. Pay by PayPal
By using CyberMight LLC ’s pay by PayPal, Inc. (“PayPal”) option (“Pay by PayPal”), You can purchase CyberMight LLC Software and Services using PayPal. In consideration for the Software and Services purchased by You and provided to You by CyberMight LLC, You agree to allow PayPal to debit the full amount of this transaction from Your PayPal account balance or the Preferred Funding Source You established with PayPal, which is non-refundable.

It is Your responsibility to keep Your PayPal Account current, to have available funds in it and to have Your PayPal Account backed by a valid credit card. You agree that PayPal and CyberMight LLC will not be responsible for payments that fail to go through as a result of Your Funding Source no longer existing, or holding insufficient funds. If for any reason PayPal is unable to withdraw the full amount owed for the Services provided, You agree that PayPal and CyberMight LLC may pursue all available remedies in order to obtain payment. You agree that if the transaction is returned unpaid, You will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from Your account by PayPal or charged to Your Preferred Funding Source.

By clicking the box labeled “I agree” to the terms of the Pay by PayPal terms, You authorize the information provided to be used for the creation of an electronic funds transfer (EFT), and You authorize a debit of THE FULL AMOUNT of Your order from Your PayPal Account or Preferred Funding Source.

10. REPRESENTATIONS AND WARRANTIES.
You, or the individuals who electronically execute this Agreement on behalf of You hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that You are 18 years of age or older, or that You have an agent authorized by law to represent You who is 18 years of age or older who is entering into this Agreement on Your behalf. You warrant that each action You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name.

CyberMight LLC expressly reserves the right to deny, cancel or transfer any domain name registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of CyberMight LLC , as well as its affiliates, subsidiaries, officers, directors and employees. CyberMight LLC also reserves the right to freeze a domain name during resolution of a dispute.

11. LIMITATION OF LIABILITY .
IN NO EVENT SHALL CYBERMIGHT LLC BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF CyberMight LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, CyberMight LLC ’s liability is limited to the full extent permitted by law. You agree that in no event shall CyberMight LLC ’s maximum aggregate liability exceed the total amount paid by You for the particular Software or Service in dispute purchased from CyberMight LLC .

12. DISCLAIMER OF WARRANTIES .
CyberMight LLC expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Services are provided on an "As Is" and "As Available" basis. CyberMight LLC makes no warranty that its services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects will be corrected. CyberMight LLC does not warrant, nor make any representations regarding the use, or results of, any of the services it provides, in terms of their correctness, accuracy, reliability, or otherwise.

Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to You.

13. INDEMNIFICATION.
You agree to defend, indemnify and hold harmless CyberMight LLC and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to Your (including Your agents affiliates, or anyone using Your account, software or services with CyberMight LLC whether or not on Your behalf, and whether or not with Your permission) use of the Software or Services You purchased from CyberMight LLC or Your breach of this Agreement or incorporated agreements and policies. In addition, You agree to indemnify and hold CyberMight LLC harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets. This indemnification is in addition to any indemnification required of You elsewhere. Should CyberMight LLC be notified of a pending law suit, or receive notice of the filing of a law suit, CyberMight LLC may seek a written confirmation from You concerning Your obligation to indemnify CyberMight LLC . Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that CyberMight LLC shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify CyberMight LLC of any such claim promptly in writing and to allow CyberMight LLC to control the proceedings. You agree to cooperate fully with CyberMight LLC during such proceedings.

You agree to cooperate fully with CyberMight LLC during such proceedings. You agree You will not be entitled to a refund of any fees paid to CyberMight LLC if, for any reason, CyberMight LLC takes corrective action with respect to Your improper or illegal use of its services. You also agree that if CyberMight LLC is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a Traffic Facts account of Yours with CyberMight LLC , that CyberMight LLC , in its sole discretion, may take whatever action CyberMight LLC deems necessary regarding further modification, assignment of and/or control of your account to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.

14. GOVERNING LAW, VENUE; WAIVER OF TRIAL BY JURY.
This agreement shall be deemed entered into in the State of Nevada. Except for disputes concerning the user of a domain name registered with CyberMight LLC , You agree that the laws and judicial decisions of Clark County, Nevada, shall be used to determine the validity, construction, interpretation and legal effect of this Agreement. You agree that any action relating to or arising out of this Agreement shall be brought in the courts of Clark County, Nevada. For the adjudication of disputes concerning the use of any domain name registered with CyberMight LLC , You agree to submit to jurisdiction and venue in the U.S. District Court for the District of Nevada located in Las Vegas, Nevada.

You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this Agreement.

15. NOTICES.
You agree that all notices (except for notices concerning breach of this Agreement) from CyberMight LLC to You may be posted on our Web site. Notices concerning breach will be sent either to the email or postal address You have on file with CyberMight LLC. In either case, delivery shall be deemed to have been made five (5) days after the date sent.

Notices from You to CyberMight LLC shall be made either by email, sent to the address provided on the CyberMight LLC Web site, or first class mail to CyberMight LLC ’s address at:

CyberMight LLC, Attn: Legal Counsel, 8430 W Lake Mead Blvd, Suite 100, Las Vegas, NV 89128.

16. HEADINGS.
The headings in the Agreement are descriptive only and in the event of a conflict between a heading and the underlying terms of this Agreement, the terms of this Agreement shall control.

17. ENTIRE AGREEMENT.
You agree that this Agreement including the policies and agreements it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the complete and only Agreement between You and CyberMight LLC regarding the Services contemplated herein.

18. SEVERABILITY.
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.

19. WAIVER.
The failure of CyberMight LLC to enforce any of the provisions within this Agreement or its incorporated agreements and policies against You or others shall not be construed to be a waiver of the right of CyberMight LLC thereafter to enforce such provisions.

20. FORCE MAJEURE.
CyberMight LLC will make every effort to keep its Web site and Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold CyberMight LLC liable for any of the consequences of such interruptions.

21. SURVIVAL.
Sections 1, 7, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22 shall survive any termination or cancellation of this Agreement.

22. NO THIRD PARTY BENEFICIARIES.
Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement.

B. SOFTWARE AND SERVICES SPECIFIC AGREEMENTS
If You purchase Services from CyberMight LLC, the following Software and Services specific agreements shall apply and are incorporated within this Agreement in addition to Sections 1-21:

Email Service Agreement
Web Site Hosting
Dedicated Hosting Agreement
Hosting and Virtual Service Agreement
Web Site
Other Software and Services
Policies
Anti-Spam Policy
Privacy Policy
Trademark and/or Copyright Infringement Policy
Permissions Policy
Criminal Subpoena Policy

Email Service agreement
This CyberMight LLC WebMail Services Agreement ("Agreement") is by and between CyberMight LLC a Nevada Corporation (" CyberMight LLC "), and you, your heirs, assigns, agents and contractors ("You") and is effective upon electronic execution. This Agreement sets forth the terms and conditions of Your use of CyberMight LLC 's WebMail Account Services and the CyberMight LLC WebMail System (together, the "Services"). Your use of the Services constitutes Your agreement to all such terms and conditions. By using the Services, You acknowledge and agree that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies which CyberMight LLC may establish from time to time, and the Universal Terms of Service. Such Agreements may be found here. If You are using Online File Folder as part of the Services, You agree to the terms of the Online File Folder End User License Agreement.

1. Your use of the Services
CyberMight LLC has no obligation to monitor Your use of the Services. However, CyberMight LLC reserves the right to review materials You publish using the Services and to remove any materials in its sole discretion. CyberMight LLC reserves the right to terminate your access to the Services at any time, without notice, for any reason whatsoever.

CyberMight LLC reserves the right at all times to disclose any information as CyberMight LLC 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 CyberMight LLC's sole discretion.

CyberMight LLC grants You a non-exclusive license to use WebMail for the purpose of retrieving, viewing, composing, and sending electronic mail and for other such electronic mail purposes as are ordinary and customary. You are free to use WebMail on any computer, but not on two or more computers at one time.

You may customize or modify the appearance of WebMail as provided and allowed by the instructions. You may not otherwise alter or modify the Software. You are not authorized to combine WebMail with any other software program, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon WebMail.

By using WebMail, You agree to be bound by CyberMight LLC's Email Services User Agreement. CyberMight LLC explicitly reserves the right to terminate Your license if it comes to CyberMight LLC's attention that You are using WebMail for objectionable activities, including sending unsolicited email or SPAM; activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; or activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; activities designed to harm minors in any way.

Photo-Related Services

In addition to any and all other restrictions or obligations for using Webmail, if You elect to use any of the photo-related services offered through Webmail (collectively, the "Photo Services"), You acknowledge and agree to the terms and conditions contained in this section.

You acknowledge and agree that You may not

post, obtain, upload or transfer any image using the Photo Services which: is threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under any applicable law; and
infringe rights of privacy, publicity or copyrights or otherwise use content without the permission of the owner of such content and the persons (or their parents or legal guardians, where applicable) who are shown in any material.

While CyberMight LLC offers an unconditional guarantee in connection with the products purchased through the Photo Services, You acknowledge and agree that the guarantee is subject to and conditioned upon the following: (i) errors in spelling, punctuation, accuracy or quality in the information, text or images submitted by You when using the Photo Services; (ii) the submittal by You of poor quality or resolution images; and (iii) errors related to customizable features, including, but not limited to, enhancements, choice of finish, cropping, border selection, size and formatting. The determination as to whether the guarantee applies to each particular order will be made by CyberMight LLC in its sole discretion. Additionally, in the event You become aware of an error, such as a misspelling in an order placed using the Photo Services, You acknowledge and agree that You will have up to sixty (60) minutes in which to call customer service to have the order cancelled due to an error. After such sixty (60) minutes period, all orders will be considered placed and unchangeable.

You acknowledge and agree that CyberMight LLC or a third-party service provider may, but is not obligated to review any or all images provided to CyberMight LLC and is not responsible for such images. Further, CyberMight LLC expressly reserves the right to delete, edit or rearrange images that, in its sole discretion, it deems abusive, defamatory, obscene or in violation of copyright or trademark laws or otherwise unacceptable, and You acknowledge and agree to CyberMight LLC's right to do so. You also acknowledge and agree that CyberMight LLC or a third-party service provider may remove, publish, copy, modify, transmit and/or display any image submitted using the Photo Services. In the event You submit any images that are in violation of these terms and conditions, You acknowledge and agree that CyberMight LLC or a third-party service provider may retain such image(s) and charge You for the full amount of Your order including a reasonable service charge for handling the order.

You agree to defend, indemnify and hold harmless CyberMight LLC for, from and against any and all damages, liabilities, costs and expenses (including, but not limited to, attorneys' fees and costs) incurred by CyberMight LLC as a result of third-party claims in connection with (i) Your use of the Photo Services in violation of the terms and conditions set forth in this Section; (ii) Your use of the Photo Services to the extent that such use causes or is the basis for such third-party claim(s); (iii) the violation of any applicable law to the extent such violation results from Your use of the Photo Services; and/or (iv) claims that any material You provide in connection with the Photo Services infringes or misappropriates any or all intellectual property rights of a third-party.

2. CyberMight LLC's rights
CyberMight LLC retains all rights to this Software. WebMail and any copies that You are authorized to make are the intellectual property of CyberMight LLC. The source code and its organization are the exclusive property of CyberMight LLC and WebMail is protected by copyright, including United States Copyright Law. You agree not to reverse engineer, decompile or otherwise attempt to uncover the source code. Except as expressly stated in Section I above, this Agreement does not grant you and rights in WebMail and all rights are reserved by CyberMight LLC.

CyberMight LLC reserves the right to:

Modify Pricing through email notification.
Terminate Your license for unsolicited, commercial e-mailing; illegal access to other computers or networks (i.e. hacking); distribution of Internet Viruses or like destructive activities; and other activities whether lawful or unlawful that we determine harmful to subscribers, operations, and reputation.
Terminate Your license if the contents of Your email result in or are the subject of, legal action or threatened legal action, against CyberMight LLC or any of its affiliates or partners, regardless of whether or not such legal action or threatened legal action is eventually determined to be with or without merit. The decision to terminate Your license shall be done solely by CyberMight LLC, and in doing so, CyberMight LLC shall not be required to consider the merits of legal action or whether threatened legal action will actually come to pass.

3. liability & indemnification
CyberMight LLC provides WebMail 'as is' and without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose. In no event shall CyberMight LLC be liable for any loss of profits, loss of business, loss of data, unsecured transactions, interruption of business, or for indirect special, incidental, or consequential damages of any kind, even if CyberMight LLC has been advised of the possibility of such damages arising from any defect or error in the Software. You shall indemnify, defend by counsel reasonably acceptable to CyberMight LLC, protect and hold CyberMight LLC harmless from and against any and all claims, liabilities, losses, costs, damages, expenses, including consultants' and attorneys' fees and court costs, demands, causes of action, or judgments directly or indirectly arising out of or relating to Your use of WebMail.

4. severability
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.

5. venue; waiver of trial by jury
This agreement shall be deemed entered into the state of Nevada. the laws and judicial decisions of Clark County, Nevada, shall be used to determine the validity, construction, interpretation and legal effect of this agreement. You agree that any action relating to or arising out of this agreement, shall be brought in the courts of Clark County, Nevada.

You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this agreement.

6. notices
You agree that all notices (except for notices concerning breach of this Agreement) from CyberMight LLC to You may be posted on our web site. Notices concerning breach will be sent either to the email or postal address You have on file with CyberMight LLC. In either case, delivery shall be deemed to have been made five (5) days after the date sent. Notices from You to CyberMight LLC shall be made either by email, facsimile, or mailed to the address we provide on our Web site, or first class mail to our address below.

Dedicated Server Service Agreement
This Dedicated Server Service Agreement ("Agreement") is by and between CyberMight LLC, a/an NV individual ("CyberMight LLC"), and you and your heirs, assigns, agents and contractors (collectively, "You") and is effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of CyberMight LLC's Dedicated Server services (collectively, the "Dedicated Services") and represents the entire agreement between You and CyberMight LLC. By using CyberMight LLC's Dedicated Services, You acknowledge and agree You have read, understand, acknowledge and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies, including, but not limited to, the Universal Terms of Service CyberMight LLC may establish from time-to-time. Such Agreements may be found here.

In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your agent, and transactions entered into by anyone who uses the account You have established with CyberMight LLC whether or not the transactions were on Your behalf. You acknowledge and agree CyberMight LLC's acceptance of any application made by You for services provided by CyberMight LLC will take place at the Internet Corporation for Assigned Names and Numbers ("ICANN") accredited registrar's offices located in Scottsdale, Arizona, USA.

1. Description of Service
CyberMight LLC currently provides Dedicated Services to its customers for a monthly fee. CyberMight LLC will provide You an account on CyberMight LLC's Dedicated servers, provided, however, You abide by the terms and conditions set forth herein and in each of CyberMight LLC's policies and procedures.

License of Your Server Content
CyberMight LLC grants to You, and You accept from CyberMight LLC, a non-exclusive, worldwide and royalty free license to copy, display, use and transmit on and via the Internet Your server content in connection with CyberMight LLC's performance or enforcement of this Agreement.

Availability of Services
Subject to the terms and conditions of this Agreement, CyberMight LLC shall use commercially reasonable efforts to provide the Dedicated Services on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Agreement. You agree that from time-to-time the Dedicated Services may be inaccessible or inoperable for any reason, including, without limitation:

equipment malfunctions;
periodic maintenance procedures or repairs that CyberMight LLC may undertake from time-to-time; or
causes beyond the control of CyberMight LLC or that are not reasonably foreseeable by CyberMight LLC, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.
You further agree the availability of the Dedicated Services may be inaccessible during periods of time for which You have scheduled upgrades or downgrades to your Dedicated server. You agree that CyberMight LLC has no control of availability of the Dedicated Services on a continuous or uninterrupted basis.

FTP Backup
CyberMight LLC may offer additional features and add on services such as a FTP Backup option. You acknowledge and agree that purchasing such additional features and add on services may require additional down time to install and maintain. You further acknowledge and agree that in utilizing the FTP Backup option, You shall be subject to a maximum disk usage and bandwidth usage as identified by CyberMight LLC. Subject to the terms and conditions of this Agreement, CyberMight LLC shall use commercially reasonable efforts to provide FTP Backup services on a twenty-four (24) hours per day, seven (7) days per week basis throughout the term of this Agreement. You acknowledge and agree that from time to time the FTP Backup services may be inaccessible or inoperable for any reason, including without limitation:

equipment malfunctions;
periodic maintenance procedures or repairs that CyberMight LLC may undertake from time-to-time; or
causes beyond the control of CyberMight LLC or that are not reasonably foreseeable by CyberMight LLC, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.

Server Content
You shall be solely responsible for providing, updating, uploading and maintaining Your content and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through Your server, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. Your server content shall also include any registered domain names provided by You or registered on behalf of You in connection with the Dedicated Services.

Information Shared with Partners
As a condition of purchasing and using "Virtual Dedicated Server" and/or "Dedicated Server" plans, You acknowledge and agree that CyberMight LLC may provide Your personal information to their partners, as required to provide the plans for which You are purchasing.

2. Your Obligations
You acknowledge and agree CyberMight LLC shall have the right to seek justification in connection with Your use of the Dedicated Services, specifically Your purchase of IP addresses, and You shall be obligated to provide any and all information reasonably sought by CyberMight LLC pursuant to such justification. You acknowledge and agree You are required to begin using at least ninety percent (90%) of Your purchased IP addresses within thirty (30) days of assignment of such IP addresses to You. In the event You do not begin using at least ninety percent (90%) of Your assigned IP addresses, You acknowledge and agree CyberMight LLC shall have the right to reclaim any unused IP addresses after the expiration of such thirty (30) day period. In connection with such purchase, You acknowledge and agree Your name and justification may be disclosed to certain registries, including, but not limited to, the American Registry of Internet Numbers, in accordance with policies promulgated by any and all such registries and such information may be displayed on the Whois database.

You represent and warrant to CyberMight LLC that: Your content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person and that You own Your server content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your server account. You also represent and warrant the server content being hosted by CyberMight LLC shall not be used in connection with any illegal activity.

You are responsible for ensuring there is no excessive overloading of CyberMight LLC's DNS system or servers. In the event You exceed Your allotted bandwidth and thereby overload CyberMight LLC's DNS or servers, You shall be assessed any and all fees, costs and penalties associated with such overloading. You may not use CyberMight LLC's servers and Your Server Account as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and CyberMight LLC reserves the right to remove sites containing information about hacking or links to such information. Use of your server account as an anonymous gateway is prohibited, as is Your use of the Dedicated Services to restrict or inhibit any other user from using and enjoying the Internet. You acknowledge and agree CyberMight LLC has the right to remove Your server content temporarily or permanently from its dedicated servers if CyberMight LLC is the recipient of activities that threaten the stability of its network.

You agree not to engage in unacceptable use of any of the Dedicated Services, which includes, without limitation, use of the Dedicated Services to:

disseminate or transmit unsolicited messages, chain letters, unsolicited commercial email or unreasonably large volumes of email on a daily basis, provided, CyberMight LLC, in its sole discretion, may permit You, if You have a legitimate purpose and after request, to send more email than CyberMight LLC's standard SMTP relay limit;
disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person;
create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication;
export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions;
interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which You do not have authorization to access or at a level exceeding Your authorization;
disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program;
engage in any other activity deemed by CyberMight LLC to be in conflict with the spirit or intent of this Agreement or any CyberMight LLC policy; or
use Your server as an "open relay" or similar purposes.
CyberMight LLC prohibits the running of a public recursive DNS service on any CyberMight LLC server. All recursive DNS servers must be secured to allow only internet network access or a limited set of IP addresses. CyberMight LLC actively scans for the presence of public DNS services and reserves the right to remove any servers from the network violating this restriction.

Storage and Security
At all times, You shall bear full risk of loss and damage to Your server and all of Your server content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to:

prevent any loss or damage to Your server content;
maintain independent archival and backup copies of Your server content;
ensure the security, confidentiality and integrity of Your server content transmitted through or stored on CyberMight LLC servers; and
ensure the confidentiality of Your password.
CyberMight LLC's servers and Dedicated Services are not an archive and CyberMight LLC shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The Dedicated Services are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be considered as one. CyberMight LLC shall have no liability to You or any other person for Your use of the Dedicated Services in violation of these terms. You acknowledge and agree CyberMight LLC has the right to carry out a forensic examination in the event of a compromise to your server or account.

In the event You terminate this Agreement or Your use of the Dedicated Services, moving Your server content off of the CyberMight LLC dedicated servers is Your responsibility. CyberMight LLC will not transfer or FTP Your server content to another provider. In the event Your use of the Dedicated Services is terminated, CyberMight LLC will not transfer or manage Your Dedicated Services or Your server content.

3. Assisted Server
In the event You elect to purchase CyberMight LLC ’s Assisted Server Plan, the following terms and conditions shall apply to Your use of and CyberMight LLC's obligations in connection with providing the Assisted Server Plan (collectively, the “AS Services”).

Subject to the terms and conditions of this Agreement and each of CyberMight LLC's policies and procedures, CyberMight LLC shall use commercially reasonable efforts to attempt to provide the AS Services on a twenty-four (24) hours per day, seven (7) days per week basis for the duration of the AS Services purchased. You acknowledge and agree that from time-to-time the AS Services may be inaccessible or inoperable for any reason, including, without limitation:

equipment malfunctions;
periodic maintenance procedures or repairs that CyberMight LLC may undertake from time to time; or
causes beyond the reasonable control of CyberMight LLC or that are reasonably unforeseeable by CyberMight LLC, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.
You acknowledge and agree CyberMight LLC has no control over the availability of the AS Services on a continuous or uninterrupted basis.

CyberMight LLC ’s Rights
CyberMight LLC explicitly reserves the right and sole discretion to:

modify its pricing, if desired by CyberMight LLC ;
establish limits and guidelines concerning the use of the AS Services;
terminate Your use of the AS Services for use of the AS Services to unnecessarily or illegally harass CyberMight LLC or third parties, non-payment of fees for the AS Services, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the United States and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of CyberMight LLC, activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that CyberMight LLC determines, in its sole discretion, to be harmful to its other customers, operations, or reputation;
terminate Your use of the AS Services if Your use of the AS Services results in, or is the subject of, legal action or threatened or proposed legal action, against CyberMight LLC or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit; and
terminate Your use of the AS Services at any time and for any reason if deemed reasonably necessary by CyberMight LLC.
CyberMight LLC has no obligation to monitor Your use of the AS Services, but reserves the right in its sole discretion to do so.

Charges for Custom AS Services
When CyberMight LLC determines requested assistance falls out of the scope of the basic AS plan, charges shall apply for Your use in the form of Custom Support Services (hereinafter referred to as "CSS"), and CyberMight LLC shall charge You for Your use of the CSS on a thirty (30) minute incremental basis. Furthermore, when CyberMight LLC determines a fee will be assessed for Your use of the CSS, CyberMight LLC reserves the right to charge any or all of the fees prior to the commencement of any work being performed.

Third-Party Software
Additionally, in the event You elect to install or seek assistance from CyberMight LLC in connection with the installation of any third-party software, the following terms shall apply. You represent and warrant You have the right to use and install the third-party software, and have paid the applicable licensing fees for the third party software, and the third-party software does not and shall not infringe on the intellectual property rights of any other person or entity. You agree to defend, indemnify and hold harmless CyberMight LLC and its employees, officers and directors for, from and against any and all claims brought against CyberMight LLC and its employees, officers and directors by a third-party alleging the software infringes:

the third-party’s rights; or
a U.S. patent, trademark, copyright or other intellectual property right.
You agree that in such an event You shall pay all resulting costs, damages, expenses and reasonable attorneys’ fees that a court awards and settlements incurred by CyberMight LLC in connection with any such claims.

If You purchase MS SQL or Managed Backups, You hereby authorize CyberMight LLC to log into Your server for purposes of installing and configuring the software.

Limitation of Liability; Waiver and Release
The AS Services are being provided “AS IS” and CyberMight LLC expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, CyberMight LLC expressly does not warrant that the AS Services will meet your requirements, function as intended, or that the use of the AS Service will be uninterrupted or error free. In no event shall CyberMight LLC be liable for any or all direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including, but not limited to, negligence or otherwise) arising in any way out of the use of the AS Service, even if CyberMight LLC is aware of or has been advised of the possibility of such damages.

Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge CyberMight LLC and all affiliates of CyberMight LLC, and all officers, agents, employees, and representatives of CyberMight LLC, and all of their heirs, personal representatives, predecessors, successors and assigns, for, from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages and liabilities of every kind and character whatsoever, including, but not limited to, any action omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising hereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the AS Services and Your acquisition and use thereof, including, but not limited to, the provision of the AS Services by CyberMight LLC and its agents and employees.

Revised: 6/27/2008
Copyright © 2008 All Rights Reserved.

CyberMight LLC
Web Site and Virtual Dedicated Server Service Agreement
This Web Site and Virtual Dedicated Server Service Agreement ("Agreement") is by and between CyberMight LLC ("CyberMight LLC"), a/an NV individual, and You, Your heirs, assigns, agents and contractors ("You") and is effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of CyberMight LLC's Web Site and Virtual Dedicated Server services (collectively, the "Services") and represents the entire agreement between You and CyberMight LLC. By using the Services, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies, including the Universal Terms of Service which CyberMight LLC may establish from time to time. Such Agreements may be found here.

In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with CyberMight LLC, whether or not the transactions were in Your behalf. You acknowledge that CyberMight LLC's acceptance of any application made by You for services provided by CyberMight LLC will take place at the Internet Corporation for Assigned Names and Numbers ("ICANN") accredited registrar's offices located in Scottsdale, Arizona, USA. In the event You are using ad-supported hosting, You further acknowledge and agree that as adequate consideration for CyberMight LLC providing You with the Services at no cost to You, CyberMight LLC shall have the right to place certain advertisements on Your web site. The advertisements shall be based upon the content of Your web site and may include, but are not limited to, advertisements of Your competitors. If You do not desire such advertisements to be placed on Your web site, then You may purchase the Services at CyberMight LLC's then current rates.

1. Description of Service
CyberMight LLC currently provides the Services to its customers for a monthly fee. CyberMight LLC will host Your web site on CyberMight LLC's servers, provided, however, You abide by the terms and conditions set forth herein and in each of CyberMight LLC's policies and procedures here.

License of Your Web Site Content

CyberMight LLC grants to You, and You accept from CyberMight LLC, a non-exclusive, worldwide and royalty free license to copy, display, use and transmit on and via the Internet Your web site content in connection with CyberMight LLC's performance or enforcement of this Agreement.

Availability of Services

Subject to the terms and conditions of this Agreement, CyberMight LLC shall attempt to provide the Services for twenty-four (24) hours per day, seven (7) days per week throughout the term of this Agreement. You agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation:

equipment malfunctions;
periodic maintenance procedures or repairs that CyberMight LLC may undertake from time to time; or
causes beyond the control of CyberMight LLC or that are not reasonably foreseeable by CyberMight LLC, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures.
You agree that CyberMight LLC has no control of availability of the Services on a continuous or uninterrupted basis.

Service Availability Guarantee
CyberMight LLC offers a service uptime guarantee for the Services of 99.9% ("Service Uptime") of available time. If CyberMight LLC fails to maintain this level of service availability, You may contact CyberMight LLC and request a credit of 5% of Your monthly hosting fee from CyberMight LLC for that month. The credit may be used only for the purchase of further products and services from CyberMight LLC, and is exclusive of any applicable taxes. The credit does not apply to service interruptions caused by:

periodic scheduled maintenance or repairs CyberMight LLC may undertake from time to time;
errors caused by You from custom scripting or coding;
outages that do not affect the appearance of the web site but merely affect access to the web site such as FTP and email;
causes beyond the control of CyberMight LLC or that are not reasonably foreseeable by CyberMight LLC ; and
outages related to the reliability of certain programming environments.
Total Service Uptime shall be solely determined by CyberMight LLC and shall be calculated on a monthly basis.

FTP Backup
CyberMight LLC may offer additional features and add on services such as a FTP Backup option. You acknowledge and agree that purchasing such additional features and add on services may require additional down time to install and maintain. You further acknowledge and agree that in utilizing the FTP Backup option, You shall be subject to a maximum disk usage and bandwidth usage as identified by CyberMight LLC. Subject to the terms and conditions of this Agreement, CyberMight LLC shall use commercially reasonable efforts to provide FTP Backup services on a twenty-four (24) hours per day, seven (7) days per week basis throughout the term of this Agreement. You acknowledge and agree that from time-to-time the FTP Backup services may be inaccessible or inoperable for any reason, including without limitation:

equipment malfunctions;
periodic maintenance procedures or repairs that CyberMight LLC may undertake from time to time; or
causes beyond the control of CyberMight LLC or that are not reasonably foreseeable by CyberMight LLC, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.
Web Site Content

You shall be solely responsible for providing, updating, uploading and maintaining Your web site and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through Your web site, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. Your web site content shall also include any registered domain names provided by You or registered on behalf of You in connection with the Services. Notwithstanding anything in this Agreement to the contrary, in the event You are using ad-supported hosting, in no event shall Your web site consist of the following: search results, registration, "thank you", error, email or chat pages, pages comprised primarily of other advertising or pages containing any of the following types of content:

pornographic, obscene or excessively profane content;
content intended to advocate or advance computer hacking or any form of cracking;
gambling;
illegal activity;
drug paraphernalia; or
hate, violence or racial or ethnic intolerance.

SSL Certificates
Any SSL certificate You purchase from CyberMight LLC or its affiliates to use in conjunction with the Services provided by CyberMight LLC, is intended for its specific use as described in the Subscriber Agreement and will not be exported from the server to be used with any other web hosting service. If You are using an SSL certificate on a web site hosted by CyberMight LLC, CyberMight LLC will generate and securely store a corresponding private key.

For security reasons, at no time will CyberMight LLC release Your private key, even if You request. If You wish to export Your SSL certificate for use on a non- CyberMight LLC server, You will need to make a request to CyberMight LLC no earlier than thirty (30) days after Your initial SSL subscription began. After Your account with CyberMight LLC has been canceled, You will have thirty (30) days to follow the Starfield Secure Certificate Registration Process and request a re-key of the SSL certificate, or Your SSL certificate will become invalid.

Information Shared with Partners
As a condition of purchasing and using the Services, You acknowledge and agree that CyberMight LLC may provide Your personal information to their partners, as required to provide the plans for which You are purchasing.

2. Your Obligations
You acknowledge and agree CyberMight LLC shall have the right to seek justification in connection with Your use of the Services, specifically Your purchase of IP addresses, and You shall be obligated to provide any and all information reasonably sought by CyberMight LLC pursuant to such justification. You acknowledge and agree You are required to begin using at least ninety percent (90%) of Your purchased IP addresses within thirty (30) days of assignment of such IP addresses to You. In the event You do not begin using at least ninety percent (90%) of Your assigned IP addresses, You acknowledge and agree CyberMight LLC shall have the right to reclaim any unused IP addresses after the expiration of such thirty (30) day period. In connection with such purchase, You acknowledge and agree that Your name and justification may be disclosed to certain registries, including, but not limited to, the American Registry of Internet Numbers, in accordance with policies promulgated by any and all such registries and such information may be displayed publicly on the Whois database.

Upon the expiration of Your initial hosting service term, Your hosting service shall automatically renew for the same period of time and Your payment method shall be charged for the renewal term on the renewal date. You acknowledge and agree that in the event You do not desire to automatically renew Your hosting services for the same period of time, it is Your responsibility and obligation to access Your account manager and manually turn off the default renewal and Your failure to access Your account manager and manually select to renew on a month-to-month basis shall be deemed acceptance of the renewal term.

You represent and warrant to CyberMight LLC that:
Your Content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation;
infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person; and
that You own Your web site content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your web site.
You also warrant that the web site being hosted by CyberMight LLC will not be used in connection with any illegal activity.

If You are hosting Your web site on CyberMight LLC's servers, You are responsible for ensuring there is no excessive overloading on CyberMight LLC's DNS or servers. In the event You exceed Your allotted bandwidth or disk space and thereby overload CyberMight LLC's DNS or servers, You shall be assessed any and all fees, costs and penalties associated with such overloading. You may not use CyberMight LLC's servers and Your web site as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and CyberMight LLC reserves the right to remove sites containing information about hacking or links to such information. Use of Your web site as an anonymous gateway is prohibited. CyberMight LLC prohibits the use of software or scripts run on its servers that cause the server to load beyond a reasonable level, as determined by CyberMight LLC. You agree CyberMight LLC reserves the right to remove Your web site temporarily or permanently from its servers if CyberMight LLC is the recipient of activities that threaten the stability of its network. Further, if You are using ad-supported hosting, You acknowledge and agree CyberMight LLC has the right to terminate Your Services in its sole discretion and for any reason, including, but not limited to, Your failure or unwillingness to comply with the terms and limitations of this Agreement, specifically, the content and material restrictions set forth in this Agreement.

You agree not to engage in unacceptable use of any Services, which includes, without limitation, use of the Services to:

disseminate or transmit unsolicited messages, chain letters, unsolicited commercial email, or unreasonably large volumes of email on a daily basis, provided, CyberMight LLC, in its sole discretion, may permit You, if You have a legitimate purpose and after request, to send more email than CyberMight LLC's standard SMTP relay limit;
disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person;
create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication;
export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions;
interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which You do not have authorization to access or at a level exceeding Your authorization;
disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program;
engage in any other activity deemed by CyberMight LLC to be in conflict with the spirit or intent of this Agreement or any CyberMight LLC policy; or
use Your server as an "open relay" or similar purposes.
CyberMight LLC prohibits the running of a public recursive DNS service on any CyberMight LLC server. All recursive DNS servers must be secured to allow only internet network access or a limited set of IP addresses. CyberMight LLC actively scans for the presence of public DNS services and reserves the right to remove any servers from the network that violate this restriction.

Storage and Security
At all times, You shall bear full risk of loss and damage to Your web site and all of Your web site content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You agree You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the Site or any of Your web site content displayed, linked, transmitted through or stored on the Server. You shall be solely responsible for undertaking measures to:

prevent any loss or damage to Your web site content;
maintain independent archival and backup copies of Your web site content;
ensure the security, confidentiality and integrity of all your web site content transmitted through or stored on CyberMight LLC servers; and
ensure the confidentiality of Your password.
CyberMight LLC's shared hosting servers are not an archive and CyberMight LLC shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The Services are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be considered as one. CyberMight LLC shall have no liability to You or any other person for Your use of the Services in violation of these terms. You shall at all times use the Services as a conventional and/or traditional web site. You shall not use the Service in any way, in CyberMight LLC's sole discretion, that shall impair the functioning or operation of CyberMight LLC's Services or equipment. Specifically by way of example and not as a limitation, You shall not use the Services as:

a repository or instrument for placing or storing archived files; and/or
placing or storing material that can be downloaded through other web sites.
You acknowledge and agree that CyberMight LLC has the right to carry out a forensics examination in the event of a compromise to Your server or account.

If You purchase MS SQL or Managed Backups, You hereby authorize CyberMight LLC to log into Your server for purposes of installing and configuring the software.

In the event You terminate, moving Your web site off of the CyberMight LLC shared hosting servers is Your responsibility. CyberMight LLC will not transfer or FTP Your web site to another provider. In the event Your use of the Services is terminated, CyberMight LLC will not transfer or manage Your Services or Your web site content.

Parked Page Service Agreement
This CyberMight LLC Parked Page Service Agreement ("Agreement") is by and between CyberMight LLC ("CyberMight LLC") a/an NV individual and you, your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of CyberMight LLC's Parked Page Service, which includes, but is not limited to, the monetization of pages parked on CyberMight LLC nameservers, One Page Web Site and Domain For Sale (all parked pages, collectively, the "Parked Pages"), and represents the entire agreement between You and CyberMight LLC. By participating in this transaction, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, including our dispute policy, along with any new, different or additional terms, conditions or policies including the Universal Terms of Service which CyberMight LLC may establish from time to time. Such Agreements may be found here.

In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with CyberMight LLC, whether or not the transactions were in Your behalf. You acknowledge CyberMight LLC's acceptance of any application made by You for services provided by CyberMight LLC will take place at the Internet Corporation for Assigned Names and Numbers ("ICANN") accredited registrar's offices located in Scottsdale, Arizona, USA.

1. fees and renewals
If You received CyberMight LLC's Domain for Sale service free as part of a package when You purchased a domain name, You are not required to pay CyberMight LLC any extra fees for the service. Your service will last as long as Your domain is registered with us, unless You notify us that You would like the service terminated. You can log onto Your Account Manager to cancel Your service at any time.

If You purchased CyberMight LLC's Domain for Sale service separately, or You purchased a One Page Web Site, as consideration for the services provided to You by CyberMight LLC, You agree to pay CyberMight LLC an annual fee. Your annual billing date will be determined based on the month You establish Your Parked Page with CyberMight LLC. Payment is to be made by You by providing either a valid credit card, an online check, Go Daddy Gift Card, PayPal, or using "Good As Gold" to establish a cash reserve for charge by CyberMight LLC (collectively, the "Payment Method"). If You purchase an automatically renewing service or product by personal check, it is Your responsibility to make payment arrangements for each renewal payment. Payments are non-refundable. If for any reason CyberMight LLC is unable to charge Your Payment Method for the full amount owed CyberMight LLC for the service provided, or if CyberMight LLC is charged a penalty for any fee it previously charged to your Payment Method, You agree that CyberMight LLC may pursue all available remedies in order to obtain payment. You agree that among the remedies CyberMight LLC may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to You of Your service. CyberMight LLC reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular services. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, and disputes that require legal services. These charges will be billed to the Payment Method we have on file for You. You may change your Payment Method at any time by logging into Your Account Manager.

You agree that You will be responsible for notifying CyberMight LLC should you desire to terminate Your use of any of CyberMight LLC's Parked Page Services, including, but not limited to, those you have purchased. Notification of Your intent to terminate a Parked Page must be provided to CyberMight LLC no earlier than 10 days prior to Your billing date but no later than three days prior to Your billing date. In the absence of notification from You, CyberMight LLC will automatically continue your Parked Page service indefinitely and will charge the Payment Method You have on file with CyberMight LLC, at CyberMight LLC's then current rates. It is Your responsibility to keep Your Payment Method information current, which includes the expiration date if you are using a credit card. In the event You terminate a One Page Web Site, moving your web site off of the CyberMight LLC hosting servers is Your responsibility. CyberMight LLC will not transfer or FTP Your web site to another provider.

2. description of service
CyberMight LLC currently provides One Page Web Sites and Domains for Sale to its customers, as well as, monetizing other Parked Pages. CyberMight LLC will provide You with these services as long as You abide by the terms and conditions set forth herein and in each of CyberMight LLC's policies and procedures found here.

If You are using any of CyberMight LLC's Parked Pages services, You agree that CyberMight LLC may point the domain name or DNS to one of CyberMight LLC's or CyberMight LLC's affiliates web pages, and that they may place advertising on your web page and CyberMight LLC specifically reserves this right.

If You are using CyberMight LLC's One Page Web Site, You are responsible for ensuring Your web site conforms to all local, state, federal, and international laws. Further, You are responsible for ensuring the legal copyright to any images, text, or other web site elements not provided by CyberMight LLC. In order to use CyberMight LLC's One Page Web Site, you must have a domain name registered with CyberMight LLC. CyberMight LLC is not responsible for making back-up copies of Your web site; this is solely Your responsibility.

If Your One Page Web Site includes GIF images and you are not using CyberMight LLC's WebSite Complete software, you must ensure that your GIF images are licensed with Unisys or were created with Unisys Authorized Software.

3. Your Obligations
You agree You have provided accurate, current and complete information in the application and/or registration process and You will notify CyberMight LLC within five (5) business days when any of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by CyberMight LLC to determine the validity of information provided by You, will constitute a material breach of this Agreement.

If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if CyberMight LLC has reasonable grounds to suspect Your information is inaccurate, not current, false, misleading or incomplete, CyberMight LLC has the absolute right, in its sole discretion, to terminate its Parked Page services and close Your account.

You warrant each application You make is being done so in good faith and You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name. You also warrant the web site being hosted by CyberMight LLC will not be used in connection with any illegal activity.

4. CyberMight LLC 's rights
CyberMight LLC provides its Parked Page services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such services. Further, the services provided, including, but not limited to, the advertisements, shall be based upon the content of Your web site and may include, but are not limited to, advertisements of Your competitors. CyberMight LLC explicitly reserves the right and sole discretion to:

a. Censor any web site hosted on its Parked Page servers that, in CyberMight LLC's sole discretion, is deemed inappropriate;

b. Review every Parked Page for excessive space and bandwidth utilization disrupting the normal use of the system or consuming excessive amounts of memory or CPU and to terminate or apply additional fees to those accounts exceeding allowed levels;

c. Modify its pricing through email notification;

d. Terminate Your Parked Page service for unsolicited, commercial e-mailing (i.e., Spam), using internal or external mail servers, illegal access to other computers or networks (i.e., hacking), distribution of Internet viruses or similar destructive activities, non-payment of Parked Page fees, and other activities whether lawful or unlawful CyberMight LLC determines to be harmful to its other customers, operations, or reputation;

e. Terminate Your Parked Page service if the contents of Your web site result in, or are the subject of, legal action or threatened legal action, against You and/or CyberMight LLC or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit; and

f. Terminate Your Parked Page service if You violate or potentially violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, business or personal dispute or argument, invasion of privacy or rights of celebrity, violation of any anti-discrimination law or regulation, or any other right of any person or entity, or any personal or business argument or dispute.

You agree to indemnify and hold harmless CyberMight LLC for any complications arising out of Your use of CyberMight LLC's Parked Page services, including, but not limited to, actions CyberMight LLC chooses to take to remedy Your improper or illegal use of a web site hosted by CyberMight LLC. You agree You will not be entitled to a refund of any fees paid to CyberMight LLC if, for any reason, CyberMight LLC takes corrective action with respect to Your improper or illegal use of its Parked Page services.

5. dispute resolution policy
You agree to be bound by CyberMight LLC's current Dispute Resolution Policy found herein .

You agree that if a dispute arises as a result of one or more Parked Pages, You will indemnify, defend and hold CyberMight LLC harmless for damages arising out of such dispute. You also agree that if CyberMight LLC is notified a complaint has been filed with a governmental, administrative or judicial body, regarding a web site hosted by CyberMight LLC, that CyberMight LLC, in its sole discretion, may take whatever action CyberMight LLC deems necessary regarding further modification, assignment of and/or control of the web site to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.

6. limitation of liability
You agree CyberMight LLC's entire liability to You under this Agreement, and Your only remedy, in connection with any service provided by CyberMight LLC to You under this Agreement, and for any breach of this Agreement by CyberMight LLC, shall be limited to the fees You paid to CyberMight LLC for Parked Page services. You shall not be entitled and shall have no right to receive any funds related to the monetization or any other value, including but not limited to, goodwill value of Your Parked Pages.

7. indemnity
You agree to release, defend, indemnify and hold harmless CyberMight LLC and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding, suit or demand arising out of or related in any way to Your account with CyberMight LLC and/or Your use of the Parked Page services provided by CyberMight LLC.

8. disclaimer of warranties
CyberMight LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9. severability
You agree the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.

10. venue; waiver of trial by jury
THIS AGREEMENT SHALL BE DEEMED ENTERED INTO IN MARICOPA COUNTY IN THE STATE OF NEVADA. THE LAWS AND JUDICIAL DECISIONS OF CLARK COUNTY, NEVADA, SHALL BE USED TO DETERMINE THE VALIDITY, CONSTRUCTION, INTERPRETATION AND LEGAL EFFECT OF THIS AGREEMENT. YOU AGREE THAT ANY ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT, SHALL BE BROUGHT IN THE COURTS OF CLARK COUNTY, NEVADA. YOU AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEEDING THAT TAKES PLACE RELATING TO OR ARISING OUT OF THIS AGREEMENT.

11. notices
You agree that all notices (except for notices concerning breach of this Agreement) from CyberMight LLC to You may be posted on our web site. Notices concerning breach will be sent either to the email or mailed first class postage to the postal address you have on file with CyberMight LLC. In either case, delivery shall be deemed to have been made five (5) days after the date sent.

Notices from You to CyberMight LLC shall be made either by email or first class mail, sent to the addresses we provide on the web page "About Us".

Spam Policy
CyberMight LLC does not tolerate the transmission of spam. We monitor all traffic to and from our Web servers for indications of spamming and maintain a spam abuse compliant center to register allegations of spam abuse. Customers suspected to be using CyberMight LLC products and services for the purpose of sending spam are fully investigated. Once CyberMight LLC determines there is a problem with spam, CyberMight LLC will take the appropriate action to resolve the situation. Our spam abuse compliant center can be reached by email at support@cybermight.com.

How We Define Spam
We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications from the sender. This can include, but is not limited to, the following:
Email Messages
Newsgroup postings
Windows system messages
Pop-up messages (aka "adware" or "spyware" messages)
Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)
Online chat room advertisements
Guestbook or Website Forum postings
Facsimile Solicitations

What We Allow and Don't Allow
We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations, which include the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, but you must also abide by CyberMight LLC 's no spam policies. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have already "opted-in" to receive messages from the sender specifically. They must include a legitimate return address and reply-to address, the sender's physical address, and an opt-out method in the footer of the email or fax. Upon request by CyberMight LLC , conclusive proof of opt-in may be required for an email address or fax number.

What We Do
If CyberMight LLC determines that the services in question are being used in association with spam, CyberMight LLC will re-direct, suspend, or cancel any web site hosting, domain registration, email boxes or other applicable services for a period of no less than 2 days. The registrant or customer will be required to respond by email to CyberMight LLC stating that they will cease to send spam and/or have spam sent on their behalf. CyberMight LLC will require a non-refundable reactivation fee to be paid before the site, email boxes and/or services are reactivated. In the event that CyberMight LLC determines the abuse has not stopped after services have been restored the first time, CyberMight LLC may terminate the hosting and email boxes associated with domain name in question. To Report Spam Abuse: We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email or through our Spam Abuse Compliant Center on the Web.

Civil Subpoena Policy
CyberMight LLC's Privacy Policy prohibits the release of customer or account information without express permission from the customer, except when required by law, to conform to the edicts of the law, or to comply with legal process properly served on CyberMight LLC or one of its affiliates.

If you seek the identity or account information of a CyberMight LLC customer in connection with a civil legal matter, you must fax, mail, or serve CyberMight LLC with a valid subpoena.

Submission of Subpoenas

CyberMight LLC is headquartered in Las Vegas, Nevada and all civil subpoenas should be served at that location or mailed to:

CyberMight LLC
8430 W Lake Mead Blvd, Suite 100, Las Vegas, NV 89128
Alternatively, the civil subpoena can be faxed to:
1-866-616-5908

Upon the receipt of a valid civil subpoena, CyberMight LLC will promptly notify the customer whose information is sought via e-mail or U.S. mail. If the circumstances do not amount to an emergency, CyberMight LLC will not immediately produce the customer information sought by the subpoena and will provide the customer an opportunity to move to quash the subpoena in court. CyberMight LLC reserves the right to charge an administration fee to the customer by charging the Payment Method the customer has on file with CyberMight LLC.

Fees for Subpoena Compliance

CyberMight LLC will charge the person or entity submitting the civil subpoena for costs associated with subpoena compliance. Payment must be made within thirty (30) days from the date of receipt of the CyberMight LLC invoice. Checks should be made out to CyberMight LLC

CyberMight LLC's subpoena compliance costs are as follows:

Research - $95.00/hour
Federal Express - Cost as Billed
Copies - $.50/page
Policies Regarding E-mail

CyberMight LLC will not produce the content of e-mail, as the Electronic Communications Privacy Act, 18 U.S.C. §2701 et seq., prohibits an electronic communications service provider from producing the contents of electronic communications, even pursuant to subpoena or court order, except in limited circumstances. CyberMight LLC's e-mail servers do not retain deleted or sent e-mail. However, deleted e-mail may be recoverable from back-up servers for a period of up to thirty (30) days.

CyberMight LLC reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the CyberMight LLC e-mail address is related to the pending litigation and the underlying subpoena.

Privacy, Security, Your Information
CyberMight LLC Respects your privacy
We will not give any information about you to others without your express permission.

Our site uses forms in which you give us contact information (your name, address, daytime telephone number, and email address) so you can place orders, request information and support, and make product suggestions. We will then create an account number for you and if you choose to order from us using a credit card, we will collect your credit card number and expiration date. If you contact us for support, we will keep an internal record of what support was given. We use your customer information only when it will be important for us to contact you regarding functionality changes to our products, our web site, new CyberMight LLC services, and special offers we think you'll find valuable. If you would rather not receive this information, please see the "Updating Your Information" section below on how to change your preferences. If we present a co-branded offer with our partners or affiliates, it will be clear at the point of collection who is collecting the information and whose privacy statement applies.

We may use third-party advertising companies to serve ads on our behalf. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness. Any information that these third parties collect via cookies and action tags is completely anonymous. If you would like more information about this practice and your choices, click here .

On rare occasions, one of our partners may require us to share your personal information with them. We will only do so with your explicit permission first.

We use information gathered about you from our site statistics (for example your IP address) to help diagnose problems with our server, and to administer our Web site. We also gather broad demographic information from this data to help us improve our site and make your browsing and purchasing experience more enjoyable. This is not linked to any personally identifiable information, except as necessary to prevent fraud or abuse on our system.

Our site uses cookies to keep track of your shopping cart and receipts. We use cookies to identify you so you don't have to login each time you visit our site. They are linked to your customer number which is associated with the information in your account.

This site also contains links to other sites. Unfortunately CyberMight LLC is not responsible for the privacy practices or the content of such Web sites.

Security
This site has security measures in place to protect the loss, misuse and alteration of the information under our control. Please view our Secure Ordering page for further details.

Updating Your Information
As a customer of CyberMight LLC , you may alter your customer information or opt-out of receiving communications from us and our partners at any time. We have the following options for changing and modifying your customer information.

Visit your online Account Manager
You may send mail to CyberMight LLC at the following postal address:
8430 W Lake Mead Blvd, Suite 100, Las Vegas, NV 89128

Sending Emails
We use emails to communicate with you, to confirm your placed orders, and to send information that you have requested. We also provide email links, as on our "About Us" page, to allow you to contact us directly. We strive to promptly reply to your messages.

The information you send to us may be stored and used to improve this site and our products, or it may be reviewed and discarded. However, your information will only be shared with third parties with your explicit permission.

Only If We Have To
As stated previously in this policy, we will not share your personal information except with a third party to assist us in the processing or securing of your personal information or when we are required by law unless we have given you notice and choice, in the good-faith belief that such action is necessary in order to conform to the edicts of the law, or we must comply with a legal process served on our web site. We will share your information in order to comply with ICANN's rules, regulations and policies. We may also need to give out your information if one of our partners requires it, but these situations are rare.

Changes in Our Practices
If we make material changes to our information handling practices or other privacy aspects, we will post those changes on this privacy statement, at least 30 days prior to their implementation or notify you directly via email. Minor changes will be immediately effective upon reposting to this privacy policy on the CyberMight LLC Web site.

Service Provider
We use a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes.

What Happens to my Personal Information if I Terminate my CyberMight LLC Account?
When Your CyberMight LLC account is cancelled (either voluntarily or involuntarily) all of your personally identifiable information is placed in "deactivated" status on our relevant CyberMight LLC databases. However, you should know that deactivation of your account does not mean your personally identifiable information has been deleted from our database entirely. We will retain and use your personally identifiable information if necessary in order to resolve disputes or enforce our agreements.

Contacting the Web Site
If you have any questions about our privacy statement, the practices of this site, or your dealings with this Web site, please contact us at:

CyberMight LLC
ATTN: Web Team
8430 W Lake Mead Blvd, Suite 100, Las Vegas, NV 89128

CyberMight LLC Trademark and/or Copyright Infringement Policy
Respecting Intellectual Property
CyberMight LLC ("CyberMight LLC") supports the protection of intellectual property. Whether you are the holder of a trademark, service mark, or copyright, CyberMight LLC is committed to helping you protect your legal rights. Therefore, we have established the following policies for considering trademark and/or copyright infringement claims.

Domain Name Dispute Claims

1. Please refer to the Uniform Domain Name Dispute Resolution Policy (the "UDRP") if you have a concern or dispute concerning a domain name. The UDRP covers domain names disputes; this Policy specifically excludes domain name disputes.

Copyright and Trademark Claims
1. To notify CyberMight LLC that there has been a copyright or trademark violation, please follow the specific instructions in (A) for filing a trademark claim, or (B) filing a copyright complaint.

2. If you are responding to a complaint of infringement, you will need to follow our Counter Notification policy in (C).

A. Trademark Claims
1. If you (the "Complaining Party") would like to submit a trademark claim for violation of a mark on which the Complaining Party holds a valid, registered trademark or service mark, CyberMight LLC requests that the Complaining Party substantiate such claim by providing CyberMight LLC with the following information here. A valid, registered mark is a registration with the United States Patent and Trademark Office or, for foreign marks, registration with the appropriate intellectual property organization of your country. State registrations will not be considered valid registrations.

The Complaining Party should understand that CyberMight LLC, an ICANN accredited registrar, and its customers are bound by the UDRP. Nothing in this Policy should be construed to supersede the UDRP, nor the obligation of CyberMight LLC and its customers to abide by it in the context of domain name disputes.

2. In addition to the Preparation Form above, you must submit an effective notification. To be considered effective, a notification of a claimed trademark violation must be provided via email to support@cybermight.com and must include the following information:

Sufficient evidence that the party posting the trademark that is claimed to be infringing is a CyberMight LLC customer.
The trademark, service mark, trade dress, name, or other indicia of origin ("mark") that is claimed to be infringed.
The jurisdiction or geographical area to which the mark applies.
The name, post office address and telephone number of the owner of the mark identified above.
The goods and/or services covered by or offered under the mark identified in B above.
The date of first use of the mark identified above.
The date of first use in interstate commerce of the mark identified above.
The mark the Complaining Party believes is an infringement of its mark.
The goods and/ or services covered by or offered under the mark claimed to be infringing.
The precise location of the infringing mark, including electronic mail address, etc.
A good faith certification, signed under penalty of perjury, stating:
The mark [identify mark] infringes the rights of another party,
The name of such said party,
The mark [identify mark] being infringed, and
That use of the mark [identify mark] claimed to be infringing at issue is not defensible.

3. Upon receipt of the appropriate information identified in Section 1 above, for trademark claims, CyberMight LLC will initiate an investigation. While CyberMight LLC is investigating the claim, CyberMight LLC, at its sole discretion and without any legal obligation to do so, may notify the posting party it will lock down the posting party's domain name(s), redirect the posting party's DNS, and/or if it is solely stored on a CyberMight LLC server, temporarily remove or deny access to the challenged material.

4. If CyberMight LLC concludes that the Complaining Party has raised a legitimate trademark claim, it may, at its sole discretion and without any legal obligation to do so, continue to suspend the posting party's CyberMight LLC account and/or if it is solely stored on a CyberMight LLC server, deny access to the challenged material. If CyberMight LLC concludes that the Complaining Party has not raised a legitimate claim or if it is not clear whether the Complaining Party has raised a legitimate claim, CyberMight LLC will restore access to the challenged material.

B. Copyright Claims
1. If the Complaining Party would like to submit a copyright claim for material on which you hold a bona fide copyright, CyberMight LLC requests that the Complaining Party substantiate such claim by providing CyberMight LLC with the following information via email to support@cybermight.com. The words "Copyright Claim" should appear in the subject line. A copyright claim can also be submitted by mail to: Copyright Agent, CyberMight LLC, 8430 W Lake Mead Blvd, Suite 100, Las Vegas, NV 89128.

To be considered effective, a notification of a claimed copyright infringement must be provided to CyberMight LLC and must include the following information:
An electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit CyberMight LLC to locate the material.
Information reasonably sufficient to permit CyberMight LLC to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted.
A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
2. For Copyright Claims, upon receipt of appropriate notification from the Complaining Party, pursuant to Section 1 of Copyright Claims above, CyberMight LLC will remove or disable access to the material that is claimed to be infringing.

3. If the Complaining Party provides CyberMight LLC with appropriate notification, pursuant to Section 1 of Copyright Claims above, including information reasonably sufficient to permit CyberMight LLC to locate and remove or disable the material in question, or includes information concerning repeat infringement, then CyberMight LLC will forward the Complaining Party's written notification to such alleged Infringer and shall take reasonable steps promptly to notify the Infringer that it has removed or disabled access to the material.

C. Counter Notification Policy
1. Counter Notification. If you have received a notice of copyright or trademark infringement, you may provide Counter Notification by emailing support@cybermight.com including the following:

An electronic signature of the Infringer.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that the Infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
The Infringer's name, address, and telephone number, and a statement that the Infringer consents to the jurisdiction of the Federal District Court for the judicial district of Nevada, or if the Infringer's address is outside of the United States, for any judicial district in which CyberMight LLC may be found, and that the Infringer will accept service of process from the Complaining Party or an agent of such Party.
2. Upon receipt of a Counter Notification as described in Section 1 above, CyberMight LLC shall promptly provide the Complaining Party with a copy of the Counter Notification, and inform such Party that it will replace the removed material or cease disabling access to it in 10 business days. CyberMight LLC will replace the removed material and cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless CyberMight LLC first receives notice from the Complaining Party that such Complaining Party has filed an action seeking a court order to restrain the Infringer from engaging in infringing activity relating to the material on CyberMight LLC's system or network.

D. Repeat Infringers
It is CyberMight LLC's policy to provide for the termination, in appropriate circumstances, of CyberMight LLC customers and account holders who repeatedly violate this policy or are repeat infringers of copyrighted works, trademarks or any other intellectual property.

Permissions Policy
CyberMight LLC maintains a diverse portfolio of intellectual property, including copyrights, trademarks, trade secrets and patents. Parties interested in obtaining permissions or a license to use any of CyberMight LLC ’s intellectual property should send their requests to support@cybermight.com. Each request will be evaluated on a case by case basis and permission or license granted when appropriate.

CyberMight LLC Criminal Subpoena Policy
CyberMight LLC 's Privacy Policy prohibits the release of customer or account information without express permission from the customer, except when required by law, to conform to the edicts of the law, or to comply with legal process properly served on CyberMight LLC or one of its affiliates. CyberMight LLC is a reseller for Cybermight, Inc. (" Wild West"). The products and services offered by CyberMight LLC may not all originate from Wild West. Wild West is unable to provide information regarding customer’s use of non- Wild West products and services.

If you seek the identity or account information of a CyberMight LLC customer in connection with a criminal matter, and are a member of the law enforcement community, you must fax, mail, or serve Cybermight with a valid subpoena.

Submission of Subpoenas
Cybermight is headquartered in Las Vegas, Nevada, and all criminal subpoenas should be served at that location or mailed to:

Cybermight LLC
8430 W Lake Mead Blvd, Suite 100, Las Vegas, NV 89128

Alternatively, the subpoena can be faxed to:
1-866-616-5908

Cybermight will not produce the content of e-mail, as the Electronic Communications Privacy Act, 18 U.S.C. §2701 et seq., prohibits an electronic communications service provider from producing the contents of electronic communications, even pursuant to subpoena or court order, except in limited circumstances. Cybermight 's e-mail servers do not retain deleted or sent e-mail. However, deleted e-mail may be recoverable from back-up servers for a period of up to thirty (30) days.

Cybermight reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the Cybermight e-mail address is related to the pending investigation and the underlying subpoena.

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CyberMight LLC
General Services Policy

Copyrights and Licensing Note
The licensing and/or authorization of all Software purchased and/or installed and activated by Cybermight for private and/or business use as a part of an agreement and/or a part of a verbal or written contract between the client and a representative of Cybermight remains exclusively the responsibility of the client. The company and/or a representative of Cybermight is not liable or held responsible for improper or unlawful usage of software that requires authorization, access authentication or licensing in order to be used.

Hardware Disclosure Note
All hardware equipment carries a warranty against manufacturer defects for one year from the day of purchase, and an additional (7) days defective parts on-site replacement. Exchange of hardware parts takes place only with the original invoice and the complete packaging as delivered . All hardware articles are equipped with a limited warranty as provided by the manufacturer. Incompatible or flawed third-party software articles obtained by the client can be replaced at the client’s expense. Non-permitted operations inside the case and/or a broken seal will result in the termination of this agreement.

Hardware Refunds Note
Hardware refunds are issued usually within 48 hours. The refunded amount may exclude a 15% deduction from the entire amount (restocking fee). By entering into a contract with Cybermight, LLC or any of its representatives, you agree to abide by the terms of this policy.

Liability Note
Cybermight, LLC is only and can only be held liable for the amount of the provided services to the client. Cybermight is not liable for any losses or damages above the total amount of the service. Cybermight is not liable for any registration or copyright violations of the client. Cybermight is not legally responsible for the swapping of registered or copyrighted content through clients file-sharing software. Cybermight is not responsible for the stability, up-time, or for the integrity of client Websites, or any other rendered Web related services that may directly or indirectly contribute to profits of any kind.

Third Party Software Note
It is the exclusive responsibility of the client (private or business) to properly register and/or license any installed, activated and/or utilized third-party (non-Cybermight) software on Cybermight Servers.

Estimates Note
An estimate is not a fixed price, it simply is a summary of the hours estimated for a predetermined, mostly lower combined total amount for these hours. This estimated price is the result of a scrutinized evaluation of the upcoming services work to allow a predetermined but prospective completion time. Every service work exceeding this estimated time, for any reason, updates, upgrade, maintenance, unforeseen circumstances in the course of the development, add-ons and changes is to be reimbursed using the hourly Cybermight LLC rates as displayed. The price per estimate is predetermined. The estimate charge is waived when the service charge is authorized. Invoices below $1,000 are to be paid in advance after the estimate is accepted.

Service Compensation Note
There will be an additional charge for late payments received past 30 days. There will be an additional daily charge per consulted and contracted staff member for any technology or related internet on-site services provided by Cybermight outside of Las Vegas, Nevada. Services outside the United States need to be negotiated separately. This apparent rates table at http://www.cybermight.com/services_cart.php applies in general also for any Help-Desk Services and computer related client support activities provided over the phone. All phone services will be calculated using this table based on the different levels of expertise required for the particular work.

Work-For Hire Note
Service work: Any agreement to perform work, verbal or written, is considered an employment contract. An employment contract exists as there is an inquiry, offer and acceptance (mutual consent). Any performed service is contracted work, work-for-hire. The negotiated and/or determined amount for a specific work is due at the specified payment schedule. A 10% late fee is applied to the invoice total per month if the invoice is not paid in full within 30 days. There is a 30-day written notification to cancel a recurring online service such as hosting or monthly maintenance. Requested estimates for Network and Internet related service work is presented to the client online. Client understands and agrees that no refunds shall be given by Cybermight for services rendered. Any expenses incurred in connection with legal proceedings necessary to collect the contracted open amount, including any fees for legal forms and/or processing fees, will be billed separately through the legal representation.

Indemnification Note
Client agrees to defend and indemnify Cybermight from all third-party claims including, but not limited to: Slander, libel, copyright violations, plagiarism, claims involving illegal activities, and/or other suits or claims based on the content or subject matter of the client’s Website. This agreement is governed by, and shall be construed in accordance with, the laws of the State of Nevada. All of the parties agree to the exclusive jurisdiction and venue in the courts of Clark County, Las Vegas, Nevada and expressly agree to give such forum original jurisdiction. If any provision of this Agreement is held by a Court of law to be invalid, such invalidity shall not affect the validity of the remaining provisions of this Agreement. Upon payment, the foregoing constitutes the entire agreement between the parties and may be modified only in writing and signed by all parties.

These terms are applicable and valid after 12/31/2004. Last updated January 2009. Copyright 2009. All Rights Reserved.
Cybermight® LLC, 8430 W Lake Mead Blvd, Suite 100, Las Vegas, NV 89128, Ph: 702.576.9936 · Fax: 866.304.0305