This policy was last modified on October 28, 2019
These terms and conditions outline the rules and regulations for the use of Mountain Clarity LLC’s Website, located at: https://www.MountainClarity.com
By accessing this website we assume you accept these terms and conditions. Do not continue to use MountainClarity.com if you do not agree to take all of the terms and conditions stated on this page. Our Terms and Conditions were created with the help of the Terms And Conditions Generator.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Unless otherwise stated, Mountain Clarity LLC and/or its licensors own the intellectual property rights for all material on MountainClarity.com. All intellectual property rights are reserved. You may access this from MountainClarity.com for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from MountainClarity.com
- Sell, rent or sub-license material from MountainClarity.com
- Reproduce, duplicate or copy material from MountainClarity.com
- Redistribute content from MountainClarity.com
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Comments do not reflect the views and opinions of Mountain Clarity LLC, its agents and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Mountain Clarity LLC shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Mountain Clarity LLC reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes a breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
- Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Mountain Clarity LLC a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
No use of Mountain Clarity LLC’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Visitors to this website are granted permission to access this material, to download and copy such material on to storage media and to make printed copies of any such downloaded material, provided that such activities and copies are for non-commercial use only and that the following conditions are met:
- You may link to MountainClarity.com using appropriate text such as “… as found on MountainClarity.com” or by seeking permission for the link.
- Your use may not be obscene or defamatory or libelous to MountainClarity.com or Mountain Clarity LLC.
- You must properly cite MountainClarity.com as the source.
Visitors to this website may not copy, distribute, screenshot, reproduce, sell or publish any of the copyrighted material downloaded or copied from this website. For the avoidance of doubt, no permission is given for the transfer of any of this material to an open internet site. For permission, please contact us at the address below. Design Trademarks or stylized versions of Trademarks are not permitted for use except by written permission from Mountain Clarity LLC.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Acceptable Use Policy
The Acceptable Use Policy (AUP) sets out the rules and guidelines for using our Services. You agree that you and your End users will use the Services in full compliance with these Terms of Service (TOS) and the AUP.
By using any service provided by Mountain Clarity you agree that:
- You will not violate any applicable local, state, national or international law, including, but not limited to, regulations, ordinances, rules or any requirements of any applicable national or local authorities/regulator;
- You will not transmit any unsolicited commercial or bulk email. You will not engage in any spamming or Mail Bombing activities;
- All your outgoing email messages containing advertising will include an automated opt-out;
- You will not make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum;
- You will not make, attempt or allow any unauthorized access to Mountain Clarity and/or third-party website(s), server(s), or hosting accounts and/or services;
- You will not allow any remote code execution of malicious software;
- You will not cause a denial of service attacks, port scans or other endangering and invasive procedures against Mountain Clarity servers and facilities or the servers and facilities of other network hosts or Internet users;
- You will not forge the signature or other identifying mark or code of any other person or engage in any activity (including “spoofing”) to attempt to deceive other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames);
- You will not display, store, distribute or otherwise make available any content or material that you are not authorized to, whether because prohibited by law, agreement or other reason. This includes but is not limited to copyrighted music, video, photos, designs, files, copyrighted software, personally identifiable or protected confidential information, trade secrets, etc.;
- You will not display, store, distribute or otherwise make available any “protected health information” as defined under the Health Insurance Portability and Accountability Act (“HIPAA”);
- You may host websites related to high-risk activities where the interruption or malfunction of the Services could lead to serious consequences, including but not limited to personal injury, death, environmental damage, etc only after receipt of our explicit consent. For such websites, you must receive confirmation from us that you can use the Services before submitting your Order. Examples of high-risk activities include but are not limited to nuclear facilities, air traffic control, life and health support, etc.
- You will not impersonate any person or entity;
- You will not harm or seek to harm minors in any way;
- You will not host or operate an audio and/or video streaming service;
- You will not host websites that make use of cryptopools/contain mining scripts, promote cryptocurrency money-making schemes, are crypto exchange and crypto airdrop sites;
- You will not host any website, content, links or advertisements of websites that:
- infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any party;
- profess hatred for particular social, ethnical, religious or other group;
- contain viruses, Trojan horses, worms, time bombs, ransomware, spyware, adware, scareware, corrupted files, or any other malicious software or programs that may interrupt, limit the functionality or destroy any software, hardware or equipment;
- contain Illegal or Hacking/Phreaking Software (Warez);
- contain any software that is copyrighted and not freely available for distribution without cost. This includes, but is not limited to ROMs, ROM Emulators and Mpeg Layer 3 files (MP3);
- contain any kind of proxy server or other traffic relaying programs;
- promote Money Making Schemes, Multi-level Marketing or similar activities;
- contain Torrent trackers, Torrent Portals or similar software;
- are used to operate and contain peer-to-peer network systems and file-sharing systems;
- are with adult content, pornographic, obscene, unlawfully harassing, or connected with child abuse or sex-related merchandising;
- contain personal data, private information, images, photos, videos and any other identifying information or material of any third party, including children without their consent (or a parent’s consent in the case of a minor);
- advertise, encourage or give any kind of support to the use and/or sale of drugs and any related substances without permission by the government or other authority;
- contain any data, material that is unlawful, abusive, threatening, harassing, or defamatory;
- contain fake news, misleading, untruthful or inaccurate information;
- promote, encourage or give any kind of support to violence and terrorism.
Examples of unacceptable content, data, materials, websites on all Mountain Clarity servers include but are not limited to:
IRC Bots, Proxy Scripts, Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), topsites, commercial audio streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs,, muds / rpg’s, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forum sites and or any other websites that distribute or link to warez content are strictly prohibited as well.
Any material that in our reasonable opinion is either obscene or threatening is strictly prohibited and will be removed from our servers.
By using our Services you also agree not to engage in or to instigate actions that cause harm to Mountain Clarity, other Mountain Clarity customers or any third party. Such actions include, but are not limited to, actions resulting in blacklisting any Mountain Clarity IPs by any online spam or IP reputation database, actions resulting in DOS attacks for any Mountain Clarity server, etc.
You are solely responsible for ensuring that all programs and scripts installed or used on the Services are secure and the permissions of directories and files are set properly. We recommend that you set the permissions on all directories and files to be as restrictive as possible. You are solely responsible for any actions and activity while using the Services, including any compromise of login credentials.
You agree to keep all your login credentials secure at any time. We reserve the right to carry out audits to determine the security level of login credentials. In the event that we determine your login credentials have been compromised (e.g. were brute-forced, hijacked, stolen, etc.) and are being used or were used for uploading, maintaining, running unacceptable content, data materials or websites, we may suspend access to the compromised Service (including but not limited to Customer Account, hosting service, user accounts, website, FTP service, Email service). We will notify you if such actions are taken against your hosting account.
Mountain Clarity shall not provide legal advice referring to compliance of content and materials uploaded on or transmitted through our Services. You shall be solely responsible for verifying whether your content and materials comply with any applicable law, including laws in jurisdictions where your content and/or materials are uploaded, hosted or accessed. Mountain Clarity shall not bear any liability if your use of the Services violates any law or regulation.
If your use of the Services results in violation of the AUP, we may take immediate corrective action without prior warning, including deletion of content or Service suspension. Repeated violations of the AUP will result in termination of the Agreement with no refund. Mountain Clarity shall not be liable for any loss or damage arising from our measures taken against actions causing harm to Mountain Clarity, other Mountain Clarity customers or any third party.
We reserve the right to terminate the Agreement for Services suspended for violation of the AUP or the TOS with no refund.
This AUP is an integral part of the Mountain Clarity Terms of Service (TOS). For all issues related to the use of the services not settled by the AUP, the provisions of the TOS shall apply.
If you have any questions or suggestions about our Terms and Conditions Policy, do not hesitate to contact us.