Our Terms of Service
Mystic Dreams Enterprises reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to complete account deactivation. Mystic Dreams Enterprises accepts PayPal and PayPal accepted credit cards for payment of web hosting services and fees associated with your account.
To review our Term of Service Policy for each topic, please select from the menu below.
Basic Terms of ServiceAll accounts are set up on a pre-pay basis on a quarterly or yearly basis. Setup fees are charged for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment.
The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Mystic Dreams Enterprises Customer Service to request for termination of services. All payment is in U.S. currency.
Late Fees and Returned ChecksMystic Dreams Enterprises will bill each client $100.00 per returned check. All Mystic Dreams Enterprises accounts are setup on 1st of the month billing cycles. All accounts are due by the 7th of the month. Any account that is not brought current prior to the 15th will be suspended and will be charged a $100.00 reactivation fee as well as a $50.00 late charge, per domain deactivated.
Excessive or Habitual Late PayementsMystic Dreams Enterprises reserves the right to suspend or cancel service for excessive or habitual late payments solely at Mystic Dreams Enterprises discretion and is NOT required to give advanced notice other than as listed here.
Mystic Dreams Enterprises accounts are setup on 1st of the month billing cycles. On the matter of excessive or habitual late payments, all accounts are due by the 1st of the month. Any account that is not brought current prior to the 15th will be suspended or deactivated and will be charged a $100.00 reactivation fee as well as a $50.00 late charge, per domain suspended or deactivated.
CancellationMystic Dreams Enterprises reserves the right to suspend or cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Mystic Dreams Enterprises if Mystic Dreams Enterprises institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.) and deducted from any pro-rated monies due to the customer.
In the case of Excessive or habitual Late Pavements, NO REFUNDS WILL BE ISSUED FOR ANY REASON!
All of Mystic Dreams Enterprises' web hosting plans are backed by 30 day money back guaranteed. If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount excluding setup fees, domain registration fees, add-on/ upgrade fees and overages. Setup fees are refundable only if the account order is canceled prior to account activation. For web hosting contracts the full contract amount less any setup fees and overages will be refunded if Mystic Dreams Enterprises is notified within the first 30 days following activation. No refund is available after the 30th day. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, etc.
Cancellations must be made in writing 15 days prior to expiration of current billing period. Cancellations via email requests will not constitute acceptance of any cancellation. Refunds will be made by company check or issued back to your PayPal Account within 30 days of receipt of cancellation. To receive your refund, you must terminate this Agreement in the manner described in above and cease using the Services. No cancellations are processed on holidays or weekends.
Liability and Obligations on CancellationIf the Agreement expires or is cancelled for any reason, Mystic Dreams Enterprises is not liable to you because of the expiration or cancellation for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from the termination or expiration.
If you terminate this Agreement, Mystic Dreams Enterprises will not relieve you of any obligations to pay fees and costs accrued before the termination date or any other amounts you owe to Mystic Dreams Enterprises under this Agreement.
IP Address OverlapMystic Dreams Enterprises administers the network on which customer servers reside. The customer cannot use IP addresses which were not assigned to them by Mystic Dreams Enterprises staff. Any account found using IPs which were not officially assigned will be suspended from account access until such time as the IP addresses overlap can be corrected.
Material and Product RequirementsYou must ensure that all material and data placed on Mystic Dreams Enterprises' equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation by Mystic Dreams Enterprises. Mystic Dreams Enterprises will make no effort to validate any of this information for content, correctness or usability. If your material is not "server-ready", Mystic Dreams Enterprises may reject this material.
Mystic Dreams Enterprises will notify you of its refusal of the material and afford you the opportunity to modify the material to satisfy Mystic Dreams Enterprises' requirements. Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your Web site.
You must have the necessary knowledge to create and maintain a web site. Mystic Dreams Enterprises does not provide this knowledge or customer support outside of the services.
Intellectual Property RightsMaterial accessible to you through Mystic Dreams Enterprises' services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use Mystic Dreams Enterprises or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Mystic Dreams Enterprises network.
If you use a domain name in connection with Mystic Dreams Enterprises or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Network SecurityCustomers may not use the Mystic Dreams Enterprises network with an attempt to circumvent user authentication or security of any host, network, or account.
This includes, but is not limited to:
- accessing data not intended for the customer logging into a server or account the customer is not expressly authorized to access.
- password cracking.
- forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- probing the security of other networks in search of weakness.
- or violation of any other organization's security policy.
Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to:
- mail bombing
- or other deliberate attempts to overload or crash a host or network
Mystic Dreams Enterprises will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability. You are solely responsible for any security breaches affecting servers or accounts under your control. If your server or website is responsible for or involved in an attack on or unauthorized access into another server or system, Mystic Dreams Enterprises will shut it down immediately.
You will pay any charges resulting from the cost to correct security breaches affecting Mystic Dreams Enterprises or any of its other customers.
Hosting AccountYou are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
- Your password provides access to your account. It is your responsibility to keep your password secure.
- Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
- Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.
- You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
- You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
- You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
Customers who violate systems or network security may incur criminal or civil liability. Mystic Dreams Enterprises will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
Electronic CommerceYou will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from.
You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your web site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.
Static/Dynamic Content CachingYou expressly (i) grant to Mystic Dreams Enterprises a license to cache the entirety of your web site, including content supplied by third parties, hosted by Mystic Dreams Enterprises under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.
IP Address OwnershipMystic Dreams Enterprises shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Mystic Dreams Enterprises and Mystic Dreams Enterprises reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
Domain Name RegistrationCustomer agrees to pay Mystic Dreams Enterprises prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the Mystic Dreams Enterprises price schedule for the initial registration of the domain name and, should Customer choose to renew the registration, subsequent renewals of the registration.
All fees are non-refundable, in whole or in part, even if Customer's domain name registration is suspended, cancelled or transferred prior to the end of Customer's then current registration term Mystic Dreams Enterprises reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer's requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed Customer's registration in an email from Mystic Dreams Enterprises to the email address indicated in Customer's registration application.
In the event of a charge-back by a credit card company (or similar action by another payment provider allowed by Mystic Dreams Enterprises) in connection with the payments of the registration fee for Customer's domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to Mystic Dreams Enterprises as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase.
Mystic Dreams Enterprises will reinstate Customer's domain name registration solely at Mystic Dreams Enterprises discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Lawful PurposeMystic Dreams Enterprises reserves the right to refuse service to anyone. Customers may only use Mystic Dreams Enterprises server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Mystic Dreams Enterprises management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue and jurisdiction this contract was entered into and performed in Tucson, Pima County, AZ, and any dispute will be litigated or arbitrated in Tucson. Pima County, Arizona. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Pima County Court.
IN NO EVENT SHALL MYSTIC DREAMS ENTERPRISES'S MAXIMUM LIABILITY EXCEED ONE HUNDRED ($100.00) DOLLARS FOR ANY REASON.
IndemnificationCUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD MYSTIC DREAMS ENTERPRISES HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST MYSTIC DREAMS ENTERPRISES, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS MYSTIC DREAMS ENTERPRISES AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH MYSTIC DREAMS ENTERPRISES'S SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM MYSTIC DREAMS ENTERPRISES'S SERVER.
DisclaimerMYSTIC DREAMS ENTERPRISES WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. MYSTIC DREAMS ENTERPRISES MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. MYSTIC DREAMS ENTERPRISES DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY MYSTIC DREAMS ENTERPRISES AND ITS EMPLOYEES. MYSTIC DREAMS ENTERPRISES RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
CUSTOMER SHALL NOT TRANSFER OR ASSIGN THIS AGREEMENT WITHOUT THE PRIOR WRITTEN CONSENT OF MYSTIC DREAMS ENTERPRISES. HOWEVER, MYSTIC DREAMS ENTERPRISES MAY ASSIGN THE CUSTOMER'S CONTRACT, IN PART OR IN WHOLE, AT ANYTIME WITHOUT CONSENT FROM OR NOTICE TO THE CUSTOMER. MYSTIC DREAMS ENTERPRISES RESERVES RIGHT TO CANCEL CUSTOMERS RIGHTS UNDER THIS CONTRACT AT ANYTIME WITHOUT FURTHER OBLIGATION.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.
AUP/TOS RevisionsMYSTIC DREAMS ENTERPRISES RESERVES THE RIGHT TO REVISE, AMEND, OR MODIFY THIS AUP/TOS AND ALL OF OUR OTHER POLICIES AND AGREEMENTS AT ANY TIME AND IN ANY MANNER. NOTICE OF ANY REVISION, AMENDMENT, OR MODIFICATION WILL BE DEEMED WHEN THE NEW INFORMATION IS POSTED WITHIN THIS DOCUMENT OR ANY OTHER ONLINE AGREEMENTS. CUSTOMERS WILL NOT NECESSARILY BE NOTIFIED IN WRITING OF THESE CHANGES. PLEASE CHECK THIS AND ALL OTHER MYSTIC DREAMS ENTERPRISES AGREEMENTS AND DOCUMENTS FREQUENTLY FOR CHANGES.
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NOTE: The Terms of Service above are for reference purposes as we reserve the right to add, edit, remove from or to make any changes to the above policies we feel are necessary or required at any time and without notice.