These Standard Terms of Service apply to all products and services that are provided by MyST Technology Partners, Inc., including, but not limited to, web sites, web services, web applications, software development kits (SDKs), software programs or utilities, and documentation.  Additional terms and conditions, specified in separate service level agreements, may also apply.

“We”, “us”, “our” and similar terms refer to MyST Technology Partners, Inc. “You”, “your”, “user”, “subscriber”, and similar terms refer to you, the user of our products and/or services.

By accessing any area of our web site, by creating a MyST user account, or by using any of our products or services, you agree with us that you are bound by the terms set forth below.

Copyright © 2002-2008 MyST Technology Partners, Inc. All rights reserved. MyST Blogsite™, Topic Cloud™, MySmartTags™, MySmartChannels™, Office2Channel™, and the MyST, MySmartChannels, and MySmartTags logos are trademarks of MyST Technology Partners. “Driven by Knowledge. Powered by MyST.”, “Powered by MySmartChannels”, and "Powered by MyST Blogsite" are service marks of MyST Technology Partners, Inc. We may have other trademarks and service marks in addition to those listed here and at all times, at least one copyright and/or trademark notice shall appear.

Our products and services contain information, data, software, photographs, graphs, videos, graphics, music, sounds and other material (collectively, "Content") that are protected by copyrights, trademarks, trade secrets or other proprietary rights. These rights are valid and protected in all forms, media, and technologies existing now or hereafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part without written notice from us. All Content is copyrighted and we own a copyright in the selection, coordination, arrangement and enhancement of the Content, page headers, and custom graphics and button icons.

We respect the intellectual property rights of others and is committed to complying with U.S. Copyright laws. Our policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. The Digital Millennium Copyright Act of 1998 ("DMCA") provides recourse for owners of copyrighted material who believe their rights under U.S. copyright law have been infringed on the Internet.

If you believe your work has been copied and is accessible on this site in a way that may constitute copyright infringement, please provide notice to our Designated Agent. The notice must include the following information as provided by the Digital Millennium Copyright Act, 17 U.S.C. 512 (c) (3):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly 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 at 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 the service provider to locate the material; Information reasonably sufficient to permit the service provider to contact the complaining party, such as 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 authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. The Designated Agent for notice of copyright infringement claims may be reached as follows:

By Mail: Myst Technology Partners, 155 Snowberry Way, Keystone, Colorado 80435
By Phone: (970) 262-9181
By Fax: (970) 262-1796
By e-mail: copyrights@myst-technology.com

COUNTER NOTIFICATION TO CLAIMED COPYRIGHT INFRINGEMENT

If a copyright infringement notice has been wrongly filed against you as a result of mistake or a misidentification of the material, you may file a counter notification with our Designated Agent. The counter notification must provide the following information:

Physical or electronic signature of the subscriber; 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 subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; The subscribers name, address, telephone number and e-mail address, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.

We will terminate all users and subscribers who are repeat infringers of intellectual property laws.

We are a distributor and not a publisher of Content supplied by third parties. We have no more editorial control over that Content than a public library or newsstand. We are not responsible for any opinions, advice, statements, services or other information that constitute Content and is provided by third parties. We do not guarantee the accuracy, completeness or usefulness of that Content. You are solely responsible for evaluating such Content. We assume no liability for any such Content.

Any conduct by you or any user that in our sole discretion restricts or inhibits any other user from using or enjoying our products and/or services will not be permitted. You agree to use our products and services only for lawful purposes.

You may not post on or transmit through our products or services any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate applicable laws.

We may prohibit conduct, communication, or Content that we, in our sole discretion, believe to be harmful or objectionable to individual users, us or our affiliates, or any rights of ours or any third party, or to violate applicable laws. Notwithstanding the foregoing, we cannot ensure prompt editing or removal of questionable Content after online posting or transmittal. Accordingly, neither we, nor any of our, nor the partners, officers, directors, employees, investors, and other representatives of any of them, assume liability for any action or inaction with respect to conduct, communication, or Content in connection with our products and/or services.

A MyST user account (“User Account”) consists of a login name, password, and other personal information that identifies you as a user of our products and/or services. User accounts may be designated as either Individual or Role accounts.

Individual accounts may be used by a single individual person and may not be shared, directly or indirectly, with other individuals. You must take reasonable precautions to maintain the secrecy of your account password, including changing your password from periodically or anytime you learn that someone else has learned your password.

Role accounts are intended to be indirectly used by more than one individual. You must still maintain the secrecy of role account passwords as you would an individual account password, but you may arrange for a role account to be used indirectly (e.g., internally from within your own software application) on behalf of more than one individual user, provided that you have first obtained written permission from us to do so. You may request such permission from us by sending an explanation of your intended usage to us via e-mail at accounts@myst-technology.com.

Use of our products and services is at your sole risk. Neither we, nor our affiliates, nor any of our officers, partners, directors, or employees, agents, investors, third-party content providers, vendors, licensers, or the like, warrant that our products or services will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of our products or services, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through our products or services.

WE ARE PROVIDING THESE PRODUCTS AND SERVICES AND RELATED CONTENT ON AN "AS IS" BASIS AND MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THESE ITEMS. WE DISCLAIM ALL THOSE REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON OR THROUGH OUR PRODUCTS OR SERVICES IS ACCURATE, COMPLETE, OR CURRENT AND ALL INFORMATION IS SUBJECT TO CHANGE WITHOUT PRIOR NOTICE TO YOU.

Neither we nor any of our affiliates, nor the directors, partners, employees, investors or other representatives of any of them, are liable for damages arising out of or in connection with the use of our products and/or services, including mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, or delays in operation or transmission. This is a comprehensive limitation of liability that applies to all damages of any kind, including compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

You agree that you are solely and completely responsible for your use of our products and/or services, for any data transmissions using our products and/or services, and for the content of any such transmissions. You agree to indemnify and hold harmless us and our affiliates, the directors, partners, employees, investors or other representatives of any of them from any type of demand or any type of claim, including reasonable attorney fees, which may be made as a result of your use of our products and/or services.

We use reasonable precautions to protect the privacy and security of your user account information and any other information that you store or transmit using our products and/or services. Our web services are hosted by reputable third party hosting services. While our experience with our hosting services has been very good, we make no representation or warranty with respect to backups, disaster recovery, or data security. Specifically, we do not offer the ability to selectively restore content items stored or transmitted using our products or services, nor do we provide any guarantee that some or all of the data content you store or transmit using our service will not be permanently lost or corrupted. You are solely responsible for maintaining backup copies of any data you deem important.

We may use, or make available for you to use, Secure Socket Layer (“SSL”) connections to encrypt information flowing though our products and services. When such SSL connections are available, we encourage, but do not require, you to make use of them.

Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this policy notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.

This policy notice applies to all information collected or submitted using on website. On some pages, you can create user accounts, order products and/or services, make requests, and register to receive materials. The types of personal information collected at these pages include:

• Name
• Address
• E-mail address
• Phone number
• Credit/Debit Card Information
• URL, IP address, and other configuration parameters

We use personally identifiable information provided by you in the following ways unless otherwise specified:

• For its intended purpose (such as creating of a user account, to complete an online order for service, or to deliver information for which you have previously subscribed),
• To provide you with information about changes in our product and services offerings or products and services offered in conjunction with one of our business partners.

We will not sell or disclose to third parties any personally identifiable information obtained from our online products or services or the registration at our web site without your consent except under the following circumstances:

• When required by law,
• When disclosure is necessary to protect the safety of a customer, third party, our property,
• If it is required in connection with any sale or transfer of all or a portion of our assets
• If you have requested or granted us permission to do so.

When we use agents, contractors or other companies to perform services on our behalf, we will require that they protect your personally identifiable information consistent with this Privacy Policy. We may share the anonymous information described in this Privacy Policy with third parties from time-to-time.

We use return e-mail addresses to answer the e-mail we receive. Such addresses are not used for any other purpose and are not shared with third parties except when such return addresses appear in e-mail text that is forwarded to a third party in the normal course of responding to that e-mail.

We use non-identifying and aggregate information to better design our products and services and to share with advertisers. For example, we may tell an advertiser that X number of individuals visited a certain area on our website, or that Y number users have created user accounts, but we would not disclose anything that could be used to identify those individuals.

Finally, you may elect to make personally identifiable information available to other users on a case-by-case basis or to all other users in general. However, by default, personally identifiable is information is made accessible only to you.

To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

Protecting the privacy of the young is especially important. For that reason, we never collect or maintain information at our website from those we actually know are under 18, and no part of our website is structured specifically to attract anyone under 18.

You can access and modify your personally identifiable information that we collect online and maintain by logging into our web site using your user account and password. We use this procedure to better safeguard your information.

To protect your privacy and security, require that you know your user account password to verify your identity before granting access or making corrections. If you forget your password, we can generate a new temporary password and have that password sent to your registered e-mail address. For this reason, it is very important that you register a valid e-mail address with your account and that you update your account information if you e-mail address changes.

Our web sites may include links to third party web sites—including those of our advertisers—that are outside of our control. Please check the privacy polices of such sites.

Should you have other questions or concerns about these privacy policies, please us an e-mail at mailto:privacy@myst-technology.com.

We may change any of our products or services or these terms of service at anytime. If you have a User Account, we may or may not send notification of any change by e-mail to the e-mail address registered with your account.

For the most current version of these terms, please visit our website at http://myst-technology.com or send an e-mail request to info@myst-technology.com.

Your use of any of our products or services on or after the effective date of any changes indicates your acceptance of those changes. If you do not accept the changes, or for any other reason, you may close your User Account (if any) and discontinue use of our products and services.

U.S. GOVERNMENT RESTRICTED RIGHTS: Our products and/or services are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer Software—Restricted Rights at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR supplement, as applicable. Manufacturer is MyST Technology Partners. You are responsible for complying with all trade regulations and laws both foreign and domestic. You acknowledge that none of our products and/or services or underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria or any other country subject to a U.S. embargo; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Denied Parties List or Entity List. By using our products and/or services you are agreeing to the foregoing and are representing and warranting that (i) no U.S. federal agency has suspended, revoked, or denied you export privileges, (ii) you are not located in or under the control of a national or resident of any such country or on any such list, and (iii) you will not export or re-export the Software to any prohibited county, or to any prohibited person, entity, or end-user as specified by U.S. export controls.

This agreement is governed by the laws of the State of Michigan or the State of Colorado excluding choice of law rules, at our sole discretion, and the United States of America. Use of our products and/or services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this agreement or use of our products and/or services.

If anything that appears in this Standard Terms of Service document is found by the appropriate legal jurisdiction and authority to be in violation of the relevant law then the other parts of this document shall be understood as close to their original meaning as possible and the parts which were not in violation of a law remain in full effect, and full force.

If we fail to act on any of the terms of this document it should not be construed as a waiver of any provision nor does it affect our ability to act on any such term in the future.