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Terms & Conditions

Terms & Conditions

Terms and Conditions ( Overview)

Agreement between User and myblackcolorado.com

Welcome to myblackcolorado.com. The myblackcolorado.com website (the “Site”) is comprised of various web pages operated by My Black Colorado | BornesPro Media Subsidiary (“My Black Colorado”). myblackcolorado.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of myblackcolorado.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

myblackcolorado.com is a Directory Site.

Black Community Networking Resource

Privacy

Your use of myblackcolorado.com is subject to My Black Colorado’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting myblackcolorado.com or sending emails to My Black Colorado constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that My Black Colorado is not responsible for third party access to your account that results from theft or misappropriation of your account. My Black Colorado and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

My Black Colorado does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use myblackcolorado.com only with permission of a parent or guardian.

Cancellation/Refund Policy

You may cancel your subscription at any time. Any cancellations made after 60 days of service will not qualify for a refund. Please contact us at info@blackcolorado.com with any questions.

Links to Third Party Sites/Third Party Services

myblackcolorado.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of My Black Colorado and My Black Colorado is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. My Black Colorado is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by My Black Colorado of the site or any association with its operators.

Certain services made available via myblackcolorado.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the myblackcolorado.com domain, you hereby acknowledge and consent that My Black Colorado may share such information and data with any third party with whom My Black Colorado has a contractual relationship to provide the requested product, service or functionality on behalf of myblackcolorado.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use myblackcolorado.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to My Black Colorado that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of My Black Colorado or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. My Black Colorado content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of My Black Colorado and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of My Black Colorado or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

My Black Colorado has no obligation to monitor the Communication Services. However, My Black Colorado reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. My Black Colorado reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

My Black Colorado reserves the right at all times to disclose any information as 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 My Black Colorado’s sole discretion.

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

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Materials Provided to myblackcolorado.com or Posted on Any My Black Colorado Web Page

My Black Colorado does not claim ownership of the materials you provide to myblackcolorado.com (including feedback and suggestions) or post, upload, input or submit to any My Black Colorado Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting My Black Colorado, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

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

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Third Party Accounts

You will be able to connect your My Black Colorado account to third party accounts. By connecting your My Black Colorado account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

The Service is controlled, operated and administered by My Black Colorado from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the My Black Colorado Content accessed through myblackcolorado.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless My Black Colorado, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. My Black Colorado reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with My Black Colorado in asserting any available defenses.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and My Black Colorado agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MY BLACK COLORADO | BORNESPRO MEDIA SUBSIDIARY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

MY BLACK COLORADO | BORNESPRO MEDIA SUBSIDIARY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. MY BLACK COLORADO | BORNESPRO MEDIA SUBSIDIARY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MY BLACK COLORADO | BORNESPRO MEDIA SUBSIDIARY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MY BLACK COLORADO | BORNESPRO MEDIA SUBSIDIARY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

My Black Colorado reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado and you hereby consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and My Black Colorado as a result of this agreement or use of the Site. My Black Colorado’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of My Black Colorado’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by My Black Colorado with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and My Black Colorado with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and My Black Colorado with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

My Black Colorado reserves the right, in its sole discretion, to change the Terms under which myblackcolorado.com is offered. The most current version of the Terms will supersede all previous versions. My Black Colorado encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

My Black Colorado welcomes your questions or comments regarding the Terms:

My Black Colorado | BornesPro Media Subsidiary

506 East Moreno Ave.

Colorado Springs, Colorado 80903

Email Address:

Info@myblackcolorado.com

Telephone number: 719.629.7482

Effective as of March 01, 2018

 

 

User Agreement

Table of Contents

  • Eligibility, Registration and Account Security
  • HIPAA Disclaimer
  • Term and Termination Policy
  • Auto-Renewal Terms
  • Refunds and 30-Day Money-Back Guarantee
  • User’s Responsibilities
  • Billing and Payment
  • Resource Usage
  • Governing Law and Arbitration

Your use of My Black Colorado services is subject to the terms and conditions set forth in these My Black Colorado Terms of Service (“Agreement”). This Agreement explains (i) what’s allowed when using our Services; (ii) the rights you have as a user of our Services; (iii) the rights My Black Colorado has if you do something which is not allowed when using our Services; and (iv) many other important terms. This Agreement is a legal contract between you and My Black Colorado and it is important that you read it carefully. If there is anything you do not understand in this Agreement, please contact us.

NOTICE: this Agreement includes an alternative dispute resolution provision for disputes that may arise between users of our Services and My Black Colorado or its corporate affiliates. Please see Section 25(b) below which includes an Arbitration Agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the Arbitration Agreement by following the opt out procedure described therein.

Quick Links

Eligibility, Registration and Account Security
This section describes the eligibility criteria we require from all of our users. When you register to use our Services (as defined below), we need to make sure that you are able to legally contract with My Black Colorado. This section also explains that you are responsible for account security including all use of the Services through your User account, whether or not authorized by you.

HIPAA Disclaimer
My Black Colorado Services do not comply with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). This section describes our policy on HIPAA in more detail.

Term and Termination Policy
My Black Colorado offers hosting plans for a fixed period of time that you select upon purchase (e.g. 1 month, 1 year, etc.). Even though we do not want you to, we know that one day you might want to leave My Black Colorado. The instructions to cancel or disable automatic renewal can be found here.

Renewal Terms
You will be notified prior to your renewal date. your renewal date.

Refunds and 30-Day Money-Back Guarantee
This section describes My Black Colorado refund policy and 30-Day Money-Back Guarantee. If you purchase an account with a thirty (30) days money-back guarantee and cancel during the first thirty (30) days of your term, you may receive a partial refund of all fees. If your hosting plan included services that had already been rendered, fees related to those services will not be refunded.

User’s Responsibilities
All Users are required to comply with applicable law and have certain obligations with respect to their use of My Black Colorado Services. You are also required to cooperate with My Black Colorado and utilize hardware and software that is compatible with the Services. In addition, you are responsible for the security of your account and its content, as well as for maintaining a backup of your content and promptly removing any malware from your account.

Billing and Payment
My Black Colorado offers a great range of Services to suit everyone’s needs and at prices to suit everyone’s pockets. The fees you pay are based on the plan you choose and any add-on products you purchase. All payments are taken, in advance, for the full term of your plan.

Resource Usage
Customers are required to utilize server resources in an efficient and responsible manner. Excessive use of server CPU and memory resources by a customer can interfere with or prevent normal service performance for other customers. Additional information about our policy on CPU, Bandwidth and Disk Usage can be found here.

Governing Law and Arbitration
The governing law and jurisdiction provision as set forth in Section 25(a) shall apply to all Users. For Users who purchased or signed up for the Services after July 1, 2017, the arbitration clause in Section 25(b) shall also apply.

This Agreement is between My Black Colorado ( “My Black Colorado”) and you (“User”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by My Black Colorado and of the My Black Colorado website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. Please read this Agreement carefully.

We may in our sole discretion change or modify this Agreement at any time. We will post a notice of any significant changes to this Agreement on the My Black Colorado website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date these terms were last revised. Any changes or modifications to this Agreement shall be effective and binding on you as of the date indicated in a notice posted on this page, together with any options you may have as a current customer to accept or reject changes, where required by law or otherwise made available. If no date is specified, your use of the Services after such changes or modifications shall constitute your acceptance of the Agreement as modified. If you do not agree to abide by this Agreement, you are not authorized to use or access the Services and your sole remedy is to cancel your account.

  1. Policies.
    Use of the Services is also governed by the following policies and agreements, which are incorporated by reference. By using the Services, you are also agreeing to the terms of the following policies and agreements.
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  1. Privacy Policy
  2. Acceptable Use Policy
  3. Arbitration Agreement
  4. Data Request Policy
  5. Anti-Spam Policy

Additional terms may apply to certain Services, and such additional terms will be made available to you and will be incorporated by reference with such Services.

  1. Eligibility; Registration and Account Security
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  1. The Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Services by anyone under eighteen (18) is unauthorized and in violation of this Agreement. By registering for or using the Services, you represent and warrant that you are eighteen (18) years of age or older.
  2. If you use the Services on behalf of another party, company or other organization, you represent and warrant that you are authorized to bind such party, company or organization to this Agreement and to act on behalf of such party, company or organization with respect to any actions you take in connection with the Services.
  3. You agree to (i) provide accurate, current and complete information about you and your organization (if applicable) as prompted by the registration forms (“Registration Data”); (ii) maintain the confidentiality of your password and other information related to the security of your account; (iii) maintain and promptly update the Registration Data and any other information you provide to My Black Colorado, to keep such information accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place through your account, whether or not authorized by you.
  4. You acknowledge and accept that despite the security measures My Black Colorado takes in connection with the Services, My Black Colorado system and/or User Websites (as defined below) may nonetheless become compromised, including without limitation, by hackers, Internet viruses, malware, worms or Trojan horses, or the like. Under such circumstances, My Black Colorado may take corrective action as it deems appropriate in its sole discretion and you acknowledge and agree that My Black Colorado shall have no liability to you for any damage or loss that you may incur due to such corrective action.
  5. My Black Colorado does not recommend the use of the Services for hosting or storing personal or sensitive content and shall bear no responsibility or liability in the event of compromise, loss of, or damage to, any such content.
  6. You are responsible for the security of your User account, User Content and User Websites. You further acknowledge and agree that you are solely responsible for backing-up your User account, including without limitation, all User Content and User Websites.
  7. Dedicated Servers.My Black Colorado reserves the right to reset the password on a dedicated server if the password on file is not current so that we may perform security audits as required by our system operations and security teams. It is your responsibility to ensure that there is a valid email address and current root password on file for your dedicated server to prevent downtime from forced password resets. My Black Colorado reserves the right to audit servers as needed and to perform administrative actions at the request of our teams. Dedicated servers are NOT backed up by us. It is your responsibility to maintain backups.
  1. Prohibited Persons (Countries, Regions, Entities, and Individuals). 
    The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or re-export, or permit the export or re-export, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, My Black Colorado also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.
  2. My Black Colorado Content.
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  1. Except for User Content (as defined below), all content made available through the Services, including images made available through any profile builder tools provided by My Black Colorado (the “Licensed Images”), designs, templates, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively with the Licensed Images, “My Black Colorado Content”), are the property of My Black Colorado or its licensors. No My Black Colorado Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any My Black Colorado Content.
  2. To the extent applicable, you are granted a limited, revocable, non-sublicensable, license to use the Licensed Images solely in connection with the My Black Colorado Services. You are prohibited from using any Licensed Images: (i) with pornographic, defamatory, or unlawful content or in such a manner that infringes upon any third party’s trademark or intellectual property rights; (ii) as a trademark, service mark, or logo; and (iii) portraying any person depicted therein (a “Model”) in a way that a reasonable person would find offensive, including but not limited to depicting a Model: (a) in connection with pornography, “adult videos”, adult entertainment venues, escort services, dating services, or the like; (b) in connection with the advertisement or promotion of tobacco products; (c) as endorsing a political party, candidate, elected official, or opinion; (d) as suffering from, or medicating for, a physical or mental ailment; or (e) engaging in immoral or criminal activities. c. Any use of the My Black Colorado Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to your use of the Services and the My Black Colorado Content granted herein. All rights of My Black Colorado or its licensors that are not expressly granted in this Agreement are reserved to My Black Colorado and its licensors.
  1. User Content.
  1.  
  1. You may be able to upload, store, publish, display and distribute information, text, photos, videos, emails, and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you and users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to My Black Colorado that (i) you have all necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
  2. You acknowledge and agree that My Black Colorado may, but is not obligated to, monitor User Content and may immediately take any corrective action in My Black Colorado sole discretion, including without limitation removal of all or a portion of the User Content, and suspension or termination of any and all Services without refund of any pre-paid fees. You hereby agree that My Black Colorado shall have no liability due to any corrective action that My Black Colorado may take, including without limitation suspension or termination of Services.
  3. You hereby grant to My Black Colorado, to the extent necessary to provide the Services, a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content and the User Website; and (ii) make archival or back-up copies of the User Content and the User Website. Except for the rights expressly granted above, My Black Colorado is not acquiring any right, title or interest in or to the User Content, all of which shall remain solely with you.
  1. HIPAA Disclaimer.
    The Services do not comply with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). You are solely responsible for compliance with all applicable laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services are not appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. My Black Colorado does not control or monitor the information or data you store on, or transmit through, our Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with HIPAA. Users requiring secure storage of “Protected Health Information” as defined under HIPAA are expressly prohibited from using this Service for such purposes. Storing and permitting access to “Protected Health Information,” is a material violation of this Agreement, and grounds for immediate account termination. My Black Colorado does not sign “Business Associate Agreements,” and you agree that My Black Colorado is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, please contact us by phone or chat.
  2. Payment Card Industry Security Standard Disclaimer.
    My Black Colorado complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of your data and billing information. However, you are solely responsible for the security of the data and billing information you collect on your User Website. My Black Colorado does not monitor User Websites for compliance and therefore we are not able to verify whether any User Website complies with the PCI Standard.
  3. Compliance with Applicable Law.
    You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where you reside or your organization is located regarding User Content, User Websites, online activities, email and your use of the Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you reside. The Services are controlled and operated by us from our offices within the United States (although we may share data with third parties around the world to assist us in providing the Services as further described in our Privacy Policy) and we make no representation that the Services are appropriate or available for use in other locations. Those who access the Services from other locations do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations. We do not offer the Services where prohibited by law.

For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our Services only as permitted and subject to the terms of this Agreement. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR).

To the extent the GDPR applies to you, you represent and warrant that in using our Services, you will clearly describe in writing how you plan to use any personal data collected and you will ensure you have a legitimate legal basis to transfer such personal data to us and that you have the necessary permission to allow us to receive and process (e.g., store) such personal data on your behalf. The additional data processing terms set forth here shall apply where you are a Controller subject to the GDPR.

  1. Additional User Responsibilities.
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  1. You will be solely responsible for all activities conducted on or through a User Website, whether or not authorized by you and any transactions or interactions with end users of your User Website. You will be solely responsible for providing end users of your User Website with any applicable terms of use and privacy policy, including any required disclosure or explanation of the features of your User Website and any goods or services offered through your User Website.
  2. You will cooperate fully with My Black Colorado in connection with My Black Colorado provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for you to use the Services. Delays in the performance of your obligations under this Agreement will extend the time for My Black Colorado performance of its obligations that depend on your performance.
  3. You will be solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by My Black Colorado to provide the Services, which hardware and software may be changed by My Black Colorado from time to time in its sole discretion.
  4. You will be solely responsible for backing-up all User Content, including any User Websites off of My Black Colorado servers. This is an affirmative duty. My Black Colorado is not responsible for the loss of any User Content. Note: It is essential that Users backup files offline, even if user purchases or has backup products provided by My Black Colorado.
  5. You are responsible for the security of your User account, User Content, and User Websites. You will maintain at all times, and are responsible for, the security and confidentiality of all account credentials, including your username and password.
  6. You will use your best efforts to ensure that the User Content and User Websites are and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code. You are required to prevent, identify, and promptly remove or disable from your User account, User Content and User Websites any code that may disrupt, disable, harm or cause the misuse of your account, My Black Colorado Content or the Services in any way (including any malware).
  1. Third Party Websites
    The Services may contain links to other websites that are not owned or controlled by My Black Colorado (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Services or any Third Party Content posted on or made available through the Services, including the content, accuracy, offensiveness, opinions, reliability, security, privacy practices or other policies of the Third Party Sites or the Third Party Content. If you decide to access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk and our terms and policies do not apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate.
  2. Billing and Payment.
  1.  
  1. Fees Due.You will pay to My Black Colorado all fees for the Services set forth in the registration form presented to you at the time you order the Services and for all fees for subsequent Renewal Periods at the time of renewal.
  2. Price Increases.My Black Colorado may increase the fees for the Services (i) in the manner permitted in the applicable description of the particular Services published by My Black Colorado on the My Black Colorado website or in a promotional offer (the “Service Description”) and (ii) at any time on or after expiration of the Initial Term by providing thirty (30) days prior written notice to you. Written notice may be in the form of (i) notices and updates provided through the User billing tool provided as part of the Services, (ii) notices and updates otherwise provided through the Services, or (iii) notifications of pricing for renewal terms. It is your sole responsibility to periodically review billing-related information provided by My Black Colorado through the User billing tool or other methods of communications and notices sent or posted by My Black Colorado.
  3. The advertised fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services provided hereunder. All such taxes may be added to My Black Colorado invoices for the fees as separate charges to be paid by you. All fees are non-refundable when paid except as otherwise provided herein.
  4. Automatic Renewals.By purchasing the Services, you agree to allow My Black Colorado to place your account on a recurring payment plan. The account may be re-billed according to the term length of the Services you select. For Services with term lengths of three (3) months or longer, My Black Colorado shall provide notice of the upcoming charge to User no later than thirty (30) days prior to the payment date for each Renewal Period. This notification will be sent to the contact email address on file for the Account. Unless you disable the automatic renewal option, we may renew the Services up to fifteen (15) days before your renewal date and will take payment from the payment method we have on file. My Black Colorado may make multiple attempts to collect payment from the payment method on file if the initial attempt is not successful.
  5. VPS and Dedicated Accounts.As a courtesy and not as an obligation, My Black Colorado will automatically renew users Account by charging the applicable fee for the regular rate to User’s current method of payment on file accounts with a Term of one (1) month, this renewal will occur twenty-four (24) hours prior to the expiration of User’s Services. For accounts with a term of three (3) months or greater, this renewal will occur fifteen (15) days prior to the expiration of User’s Hosting Account and My Black Colorado will provide notice of the upcoming charge to User no later than thirty (30) days prior to the payment date. In the event that a user Account that has been set to manual renewal by User expires, the account will be suspended seven (7) days after expiration if no payment is received. If the account has not been renewed after fourteen (14) days have elapsed following expiration, My Black Colorado may continue to attempt to collect payment or the account may be terminated.
  6. Add-On Services.If you purchase certain add-on services from My Black Colorado, you may be required to apply the Service to a specific domain name to begin using the Service. My Black Colorado is not responsible if you fail to apply an add-on, and is not obligated provide full refunds for any purchased but unused Services.
  7. Failure to Pay.If you fail to pay the fees due, we may continue to attempt to collect payment from the payment method on file, suspend, and/or terminate your Services and pursue the collection costs incurred by My Black Colorado, including without limitation, any arbitration and legal fees and My Black Colorado reasonable attorneys’ fees. If any check is returned for insufficient funds, My Black Colorado may impose a minimum processing charge of $15.00 plus any applicable taxes. Accounts will not be activated or reactivated until all outstanding amounts are paid. We are not responsible for any deleted or lost User Content that results from any suspension or reactivation. Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. If you make a late payment we do not automatically reactivate the dedicated servers. Contact My Black Colorado directly after you make a late payment to reactivate the dedicated server.
  8. It is a violation of this Agreement to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. We may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government and law enforcement authorities, credit reporting services, financial institutions and credit card companies.
  9. You have ninety (90) days to dispute any charge or payment processed by My Black Colorado. If you have a question concerning a charge you believe is incorrect, please call us and we will investigate. Our phone number is (719) 629-7482 If you initiate a chargeback, there may be a minimum charge of $15.00 plus applicable taxes to reactivate your account and we reserve the right to suspend your account for the duration of the dispute. Hosting accounts that have an open dispute may be disabled for security purposes.
  1. Term and Termination of the Services.
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  1. Term of Services.The initial term of the Services purchased by you will be for the time period set forth in the registration form presented to you when you order the Services (the “Initial Term”). Unless you cancel prior to the end of the Initial Term or as otherwise stated in a notice sent to you at least thirty (30) days prior to the expiration of your then-current term, the Services will automatically renew for successive periods of equal length as the Initial Term (each a “Renewal Period”). You acknowledge, agree, and authorize us to automatically bill the applicable fee and/or charge your credit card or other payment method on file up to fifteen (15) days prior to the end of each Renewal Period, unless you terminate or cancel the Services prior to such charge as provided in this section. The “Term” of this Agreement shall include the Initial Term and all Renewal Periods, if any.
  2. Termination Procedure.You may terminate or cancel the Services you purchased at any time during the Term by giving My Black Colorado notice by phone or chat. The cancellation request is subject to verification of ownership of the account and/or domain, as determined in My Black Colorado sole discretion. In the event of such cancellation, you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation subject to the terms of the thirty (30) day money-back guarantee if applicable. After the account is canceled, all User Content will be permanently removed from the server. Please make a backup of all User Content before you contact My Black Colorado to cancel your account.
  3. Disabling automatic renewal option.Please see below procedure for opting out of automatic renewal.
  1.  
    1. Disabling automatic renewal option for basic hosting services.You may disable the automatic renewal option for your hosting account via the settings form in the Control Panel.  After the account is downgraded to a free domain parking account or deleted, all User Content will be permanently removed from the server. Please make a backup of all User Content before you disable autorenewal. So long as your Account remains active, other products and services on the Account will continue to autorenew.
    2. Disabling automatic renewal option for products and servicess.You may disable the automatic renewal via the Control Panel. For other add-on services  please contact My Black Colorado by phone or chat for assistance.
  1. Termination by My Black Colorado.My Black Colorado may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due hereunder to My Black Colorado; (ii) you violate the terms and conditions of this Agreement; (iii) your conduct may harm My Black Colorado or others, cause My Black Colorado or others to incur liability, or disrupt My Black Colorado business operations (as determined by My Black Colorado in its sole discretion); (iv) you are abusive toward My Black Colorado staff in any manner; or (v) for any other lawful reason or as otherwise specified in this Agreement. In such event, My Black Colorado will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.
  2. Modification of Services.My Black Colorado reserves the right to modify, change, or discontinue any aspect of the Services at any time.
  3. Data Deletion.Upon termination of the Services for any reason, User Content, User Websites, and other data will be deleted. You are always responsible for maintaining back-up copies of all User Content, User Websites, and other data. My Black Colorado is not responsible for the loss of any User Content. Note: It is essential that users backup files offline, even if user purchases or has products provided by My Black Colorado.
  1. Refunds.
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  1. 30 Day Money-Back Guarantee
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    1. If you purchase an account with a thirty (30) day money-back guarantee, you may receive a partial refund of all fees paid (the “Money-back Guarantee Refund”) if you cancel within the first thirty (30) days of the Initial Term (the “Money-back Guarantee Period”). To request a Money-back Guarantee Refund, please contact our billing department by calling (719) 629-7482 .  The Money-back Guarantee Refund shall only accrue and be due to you upon your compliance with, and subject in all respects to, the terms and conditions of this section. Money-back Guarantee Refunds only apply to services and products and do not apply to registration fees, setup fees, or any fees for additional Services.
    2. The Money-back Guarantee Refund is valid for credit card payments only. Due to the costs associated with processing payments made by other methods, we are not able to offer the full Money-back Guarantee Refund.  Any refunds are made at the sole discretion of My Black Colorado.
    3. Only first-time  accounts are eligible for the Money-back Guarantee Refund. For example, if you previously had an account with My Black Colorado and you canceled your account and signed up for a new account, you will not be eligible for the Money-back Guarantee Refund on the second account. In addition, refunds are not offered for accounts that are suspended or terminated for violating this Agreement.
  1. Domain Name Refund.If your plan includes a free domain name and you are entitled to a Money-Back Guarantee Refund pursuant to the terms above, our standard fee of $15.00 for the domain name (and any applicable taxes) (the “Domain Name Fee”) will be deducted from your refund if you would like to keep your domain.
  1. My Black Colorado as Reseller or Licensor. My Black Colorado is acting only as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services (“Non-My Black Colorado Products”). My Black Colorado shall not be responsible for any changes in the Services that cause any Non-My Black Colorado Product to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-My Black Colorado Products either sold, licensed or provided by My Black Colorado to you or purchased directly by you used in connection with the Services will not be deemed a breach of My Black Colorado obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-My Black Colorado Product are limited to those rights extended to you by the manufacturer of such Non-My Black Colorado Product. You are entitled to use any Non-My Black Colorado Product supplied by My Black Colorado only in connection with your permitted use of the Services. You shall use your best efforts to protect and keep confidential all intellectual property provided by My Black Colorado to you through any Non-My Black Colorado Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-My Black Colorado Product, or any technical data derived therefrom, in violation of any applicable United States or foreign law.
  2. Internet Protocol (IP) Address Ownership. If My Black Colorado assigns you an Internet Protocol (“IP”) address for your use, you shall have no right to use that IP address except as permitted by My Black Colorado in its sole discretion in connection with the Services during the Term. My Black Colorado shall retain ownership of all IP addresses assigned to you by My Black Colorado, and My Black Colorado reserves the right to change or remove any and all such IP addresses in its sole discretion.
  3. Resource Usage.
  1.  
  1. Shared Hosting.
  1.  
    1. Acceptable Use Policy.Hosting space is intended for use in accordance with My Black Colorado Acceptable Use Policy, and is limited to Web files, active e-mail and content of the hosted User Websites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as offsite storage of electronic files, e-mail or FTP hosts. My Black Colorado expressly reserves the right to review every user account for excessive usage of CPU, bandwidth, disk space and other resources that may be a result of your violation of this Agreement or the Acceptable Use Policy. My Black Colorado may, in its sole discretion, terminate access to the Services, apply additional fees, or remove/delete User Content for those User accounts that are found to be in violation of My Black Colorado policies. You hereby agree that My Black Colorado shall have no liability due to any action that My Black Colorado may take, including without limitation suspension or termination of Services in connection with your violation of this section.
    2. Unlimited Hosting Space; excessive MySQL files.My Black Colorado does not set arbitrary limits on the amount of disk space a User can use for the User’s Website, nor does My Black Colorado charge additional fees based on an increased amount of disk space used, provided User’s use of the disk space complies with this Agreement (i.e. files are used for User Websites and not for storage). Accounts with a large number of files (inode count in excess of 200,000) can have an adverse affect on server performance. Similarly, accounts with an excessive number of MySQL/PostgreSQL tables (i.e., in excess of 1000 database tables) or of database size (i.e., in excess of 3GB total MySQL/PostgreSQL usage or 2GB MySQL/PostgreSQL usage in a single database) negatively affect the performance of the server. My Black Colorado may request that a User’s number of files/inodes, database tables, or total database usage be reduced to ensure the proper performance of the Services or may terminate User’s account, with or without notice.
    3. Unmetered File Transfer.My Black Colorado does not set arbitrary limits on the amount of visitor traffic User Websites can receive or on the amount of content a User can upload to User Websites in any given month, nor does My Black Colorado charge additional fees based on the increased use of bandwidth, as long as User’s use of the Services complies with this Agreement. In most cases, User Websites will be able to support as much traffic as User can legitimately acquire. However, My Black Colorado reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other Users.
  1. Virtual Private Servers (VPS) and Dedicated Servers Usage.
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    1. Resource Usage.Dedicated and VPS usage is limited by the resources allocated to the specific plan that you have purchased.
    2. Each User is solely responsible for backing-up all User Content, including any User Websites. My Black Colorado is not responsible for the loss of any User Content.
    3. Subscriber Super-user Access.User acknowledges that User is solely responsible for any changes made with super-user access and that My Black Colorado may not be able to reverse any changes and/or recover data lost or damaged through the use of super-user privileges. My Black Colorado level of support to those Users accessing super-user privileges will be limited as follows:
  1.  
      1. Reinstallation of corrupted modules, such as Control Panel files, web server files, etc.;
      2. Reinstallation of the baseline operating system and core file image at User’s. User acknowledges and understands that a new image install will cause the irreversible complete loss of all data stored on the server. My Black Colorado is not liable for any data lost as a result of this action;
      3. Restoration of files from available backups at User’s request. This restoration will be a full restore of the backup files; My Black Colorado does not offer file-by-file restoration services;
      4. My Black Colorado will notattempt any configuration or setup of DNS, firewalls, web server, etc.; and
      5. My Black Colorado will attempt basic diagnostics upon User’s request. My Black Colorado does not offer in-depth manual diagnostics as part of the Service. User may contact My Black Colorado Professional Services to inquire about additional support offerings.
  1. Marketing Credits. Some My Black Colorado hosting plans include free marketing credits offered by third party vendors which can be redeemed by customers located in the United States only. Additional terms and conditions apply:
  1.  
  2. Parked Domain Services. By registering for the Services you agree that My Black Colorado may point your domain name or DNS to one of My Black Colorado or My Black Colorado affiliates web pages as a default landing page, and that they may place advertising on your web page (the “Parked Pages”). You shall have no right to any compensation and shall not be entitled to receive any funds related to the monetization of your Parked Pages. If you do not wish for My Black Colorado to display Parked Pages on your web page you can opt out of such practice. If you have a Unix account, you can opt out of Parked Pages through your Control Panel. If you have a Windows account, please contact support for instructions on opting out.
  3. Technical Support Services.
  1.  
  1. Except as described otherwise in paragraph (b) below, My Black Colorado will provide technical support via chat and phone for My Black Colorado Services (“Technical Support Services”). You will be required to provide as much information as possible to aid our investigation into any issues or problems. By utilizing My Black Colorado Technical Support Services, you grant My Black Colorado permission to access your account, if necessary, to resolve your issue. You agree that My Black Colorado and its agents and employees are not liable for any damage resulting from the provision of customer support.
  2. Ineligibility for Technical Support Services.My Black Colorado will not provide Technical Support Services if (a) you are in breach of this Agreement; (b) the need for Technical Support Services is due to (i) any modification or attempted modification of the Services by you or any third party outside of My Black Colorado control; or (ii) your failure or refusal to implement changes recommended by My Black Colorado; or (c) you are abusive toward our staff in any manner.
  3. VPS and Dedicated Servers. My Black Colorado will provide a default operating system installation on the dedicated server hardware that permits super-user server access to our support staff. User agrees and acknowledges that if User alters or removes this server access, My Black Colorado ability to provide technical support to User may be severely limited.
  1. Disclaimer. You acknowledge and agree that any use of the Services, including any information or content obtained through the Services, is entirely at your own risk. You further acknowledge and agree that My Black Colorado exercises no control over, and accepts no responsibility for, the content of the information passing through My Black Colorado host computers, network hubs and points of presence or the Internet.
  2. Limited Warranty.
  1.  
  1. My Black Colorado represents and warrants to you that the Services will be provided in compliance in all material respects with the applicable Services descriptions available on the My Black Colorado website. Your sole and exclusive remedy, and My Black Colorado sole obligation, for breach of the foregoing warranty shall be for My Black Colorado, at its option, to re-perform the defective Services at no cost to you. The foregoing warranties shall not apply to performance issues or defects in the Services (x) caused by factors outside of My Black Colorado reasonable control; (y) that resulted from any actions or inactions of User or any third parties, whether or not authorized by User; or (z) that resulted from your equipment or any third-party equipment not within the sole control of My Black Colorado.
  2. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, MY BLACK COLORADO AND ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “MY BLACK COLORADO PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. THE MY BLACK COLORADO PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES, MALWARE OR OTHER HARMFUL CODE, OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. THE MY BLACK COLORADO PARTIES ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. NO ADVICE OR INFORMATION GIVEN BY MY BLACK COLORADO OR MY BLACK COLORADO REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. MY BLACK COLORADO DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. MY BLACK COLORADO DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR MY BLACK COLORADO IN PARTICULAR. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
  1. Limitation of Liability.
  1.  
  1. MY BLACK COLORADO SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT WILL THE MY BLACK COLORADO PARTIES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY THAT MAY RESULT FROM UNAUTHORIZED ACCESS TO OR MISUSE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION, SENSITIVE INFORMATION OR OTHER INFORMATION OR DATA STORED THEREIN, OR INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, INCLUDING FROM INTERRUPTION OF SERVICES,, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, WHETHER OR NOT AUTHORIZED BY YOU, EVEN IF MY BLACK COLORADO IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MY BLACK COLORADO LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MY BLACK COLORADO FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
  1. Indemnification.
    You agree to indemnify, defend and hold harmless the My Black Colorado Parties from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the My Black Colorado Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any of your acts or omissions. The terms of this section shall survive any termination of this Agreement.
  2. Governing Law and Legal Action
  1.  
  1. Governing Law; Jurisdiction.Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon or arising from an alleged tort, shall be governed by the substantive laws of Colorado. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any suit, action or proceeding concerning this Agreement must be brought in a state or federal court in Colorado. Each of the parties hereby irrevocably consents to the exclusive jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by applicable law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum. Both you and My Black Colorado hereby agree to waive all respective rights to a jury trial of any claim arising out of or relating to this Agreement.
  2. For all Users who signed up for or purchased Services on or after July 1, 2017, the Arbitration Agreement shall apply. The Arbitration Agreement includes an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the Arbitration Agreement by following the opt out procedure described therein.
  3. Governing Law and Jurisdiction for users in the European Union
  1.  
    1. For users in the European Union, this Agreement, and any non-contractual obligations arising out of, or in relation to it, shall be governed by and construed in accordance with the laws of England and Wales subject only to any mandatory provisions of consumer law in the country in which you reside. The United Nations Convention on Contracts for the International Sale of Goods as well as any other similar law, regulation or statute in effect in any other jurisdiction shall not apply.
    2. You and My Black Colorado irrevocably agree that the courts of the country in which you reside shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.
    3. Alternatively, you may raise the dispute with an alternative dispute resolution body via the EU Commission’s Online Dispute Resolution (ODR) Platform.
  1. Miscellaneous.
  1.  
  1. Independent Contractor.My Black Colorado and User are independent contractors and nothing contained in this Agreement places My Black Colorado and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
  2. The headings herein are for convenience only and are not part of this Agreement.
  3. Entire Agreement.This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
  4. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions (unless otherwise specified) thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
  5. No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
  6. Assignment; Successors.You may not assign or transfer this Agreement or any of its rights or obligations hereunder, without the prior written consent of My Black Colorado. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. My Black Colorado may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without your consent. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
  7. Force Majeure.Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
  8. Third-Party Beneficiaries.Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, you acknowledge and agree that any supplier of a third-party product or service that is identified as a third-party beneficiary in the Service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against you as if it were a party to this Agreement.
  9. Government Regulations.You may not export, re-export, transfer or make available, whether directly or indirectly, any regulated item or information to anyone outside the United States (or, if you are outside of the United States, to anyone outside of your national jurisdiction) in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by the United States government and any country or organization of nations within whose jurisdiction you operate or do business.
  10. You agree that during the Term My Black Colorado may publicly refer to you, orally and in writing, as a User of My Black Colorado to the extent permitted by applicable law. Any other public reference to User by My Black Colorado requires your written consent.

This file was last modified on February 1,2019

 

Affiliate Agreement

This Affiliate Agreement (“Agreement”) contains the complete terms and conditions between us, My Black Colorado (“My Black Colorado”) and you, regarding your application to and participation in, the My Black Colorado Affiliate Program (the “Affiliate Program”) as an affiliate of My Black Colorado (an “Affiliate”), and the establishment of links from your website to our website, https://www.MyBlackColorado.com.

BY SUBMITTING AN APPLICATION TO JOIN OR BY PARTICIPATING IN THE AFFILIATE PROGRAM, YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND THE MY BLACK COLORADO TERMS AND CONDITIONS AND THAT YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

  1. Definitions

“Affiliate” – The business, individual, or entity applying to or participating in the Affiliate Program, or that displays My Black Colorado’s products and Services and/or promotions on its website, or other means, using an affiliate tracking code in exchange for receiving a commission from My Black Colorado for sales directly resulting from such display.

“Affiliate Site” – The Affiliate’s website which displays My Black Colorado’s Products and Services and/or promotions.

“My Black Colorado’s Products and Services” – Web hosting and related products and services that are available for purchase from My Black Colorado.

“Commission Fees” – The amount you will be paid for each Qualified Purchase by a Referred Customer that you refer to My Black Colorado subject to the Commission Threshold and pursuant to the terms of this Agreement.

“Commission Threshold” – The amount of Commission Fees an Affiliate must accrue prior to receiving a payment from My Black Colorado.

“Qualified Purchase” – A sale of My Black Colorado Products and Services by My Black Colorado, with a term of twelve (12) months or longer, to a Referred Customer that is not excluded under Section 7.

“Referred Customer” – Each new and unique customer referred from Affiliate through a Link (as defined in Section 3) that provides valid account and billing information.

“Registration Form” – Any and all order forms or other signup or acceptance forms submitted by a customer to purchase My Black Colorado’s Products and Services.

  1. Enrollment in the Affiliate Program

    1. To begin the enrollment process, you must submit a completed Affiliate Program Signup Form. The Signup Form can be found at https://www.MyBlackColorado.com/affiliate/register
    2. We will evaluate your application in good faith and will notify you of your acceptance or rejection in a timely manner. We may reject your application if we determine (in our sole discretion) that you our your entity are not suitable for the Affiliate Program for any reason, including, but not limited to, its inclusion of content that is, in our opinion, unlawful or otherwise violates our Acceptable Use Policy.
    3. If we reject your application, for any reason, you may re-apply to the Affiliate Program for reconsideration.  My Black Colorado, in its sole discretion, reserves the right to notify or to not notify any prospective affiliate of their rejection or removal from the Affiliate Program at any time.
  1. Promotion of Our Affiliate Relationship

    1. Use of Links. If you qualify and agree to participate as an Affiliate, we can make a variety of graphic and textual links available to you (each referred to herein as a “Link” or collectively, as the “Links”). The Links will serve to identify you as a member of the Affiliate Program and will establish a link on the My Black Colorado’s website that you can use. You agree to cooperate fully with us in order to establish and maintain such Links. You further agree that your use of the Links must be in compliance with this Agreement at all times. My Black Colorado may modify the Links from time to time in its sole discretion. You will not use graphic or textual images (indicating a Link) or text messages to promote My Black Colorado that are not approved in advance by My Black Colorado. Furthermore, you agree not to use cookie stuffing techniques that set the affiliate tracking cookie without the Referred Customer’s knowledge (e.g. iframe). Any information with respect to My Black Colorado that is going to be displayed on the Affiliate Site must be preapproved by My Black Colorado in writing.
    2. Disclaimer. EXCEPT AS PERMITTED HEREIN, YOU SHALL NOT AND ARE NOT AUTHORIZED TO (i) USE THE MY BLACK COLORADO TRADEMARK, NAME OR ANY OF OUR OTHER INTELLECTUAL PROPERTY, INCLUDING WITHOUT LIMITATION, THE LINKS, AND THE LICENSED MATERIALS (COLLECTIVELY, THE “MY BLACK COLORADO IP”) (OR ANY VARIATIONS OR MISSPELLINGS THEREOF OR OTHER TERM OR TERMS CONFUSINGLY SIMILAR TO ANY OF THE FOREGOING) WITHOUT MY BLACK COLORADO’S EXPRESS PRIOR WRITTEN PERMISSION; (ii) USE MY BLACK COLORADO IP IN A DOMAIN OR WEBSITE NAME, IN ANY BIDS FOR KEYWORDS OR GOOGLE ADWORDS (OR SIMILAR PROGRAMS AT OTHER SEARCH ENGINES), IN ANY SEARCH ENGINE ADVERTISING (PAID OR OTHERWISE), IN ANY METATAGS, GOOGLE ADWORDS (OR SIMILAR PROGRAMS AT OTHER SEARCH ENGINES), KEY WORDS, ADVERTISING, SEARCH TERMS, CODE, OR OTHERWISE; (iii) ACT IN ANY WAY THAT CAUSES OR CREATES OR COULD CAUSE OR CREATE ANY “INITIAL INTEREST CONFUSION” OVER THE USE OF MY BLACK COLORADO IP ON THE INTERNET OR IN ANY SEARCH ENGINE ADVERTISING. YOUR USE OF MY BLACK COLORADO IP IN ANY MANNER, OTHER THAN AS EXPRESSLY PERMITTED HEREUNDER SHALL CONSTITUTE UNLAWFUL INFRINGEMENT OF MY BLACK COLORADO’S INTELLECTUAL PROPERTY RIGHTS, AND MAY SUBJECT YOU TO CLAIMS FOR DAMAGES (INCLUDING POTENTIAL TREBLE DAMAGES FOR KNOWING OR WILFUL INFRINGEMENT), AND THE OBLIGATION TO PAY MY BLACK COLORADO’S LEGAL FEES AND COSTS IN CONNECTION WITH ANY ACTION OR PROCEEDING IN WHICH MY BLACK COLORADOSEEKS TO ENFORCE ITS RIGHTS UNDER THIS AGREEMENT OR WITH REGARD TO ANY OF MY BLACK COLORADO’S INTELLECTUAL PROPERTY RIGHTS.
    3. Discounts and Coupons. You are not allowed to post any refunds, credits or discounts on the My Black Colorado Products and Services, or other content concerning My Black Colorado without My Black Colorado’s prior written consent in each instance. Affiliates may only use coupons and discounts that are provided exclusively through the Affiliate Program using banners and links. Each Link connecting users of the Affiliate Site to the pertinent area of the My Black Colorado website will in no way alter the look, feel, or functionality of the My Black Colorado website. Any violations of the terms surrounding links, coupons, refunds, credits or discounts shall constitute a material breach of this Agreement, and may result in your termination from the Affiliate Program or the withholding of Commission Fees
  1. FTC Endorsement Compliance

    1. It is the intent of My Black Colorado to treat all of our customers fairly. Accordingly, we require all My Black Colorado Affiliates to comply with applicable laws, regulations and guidelines concerning advertising and marketing, including without limitation, the Federal Trade Commission (FTC) Endorsement Guides, which require that material connections between advertisers and endorsers be disclosed. This means that all Affiliate Sites (e.g. directories, review/rating websites, blogs, and other websites) and any email or collateral that provide an endorsement or assessment of My Black Colorado’s Products and Services must prominently disclose the fact that you receive compensation for Referred Customers.
    2. For more information and suggestions about how to comply with these guidelines, please visit our page entitled “Affiliate Disclosure Requirements and Examples.” Please note that this page is only intended to provide guidance. It does not purport to provide legal advice and it does not guarantee that you’ll be in compliance with FTC regulations should you follow the suggestions presented. You are advised to seek and obtain your own legal advice on how these rules apply to your website or other promotional activities for which you receive compensation.
    3. My Black Colorado reserves the right to withhold Commission Fees and cancel the affiliate relationship with you should we determine, at our sole discretion, that you are not in compliance with the previously mentioned guide or other FTC regulations or guides that we deem relevant.
  1. Data Security

In addition to the obligations set forth in Section 4 (FTC Endorsement Compliance), Affiliate shall comply with all applicable data protection laws regarding the transmission of data exported to or from the United States or the country in which Affiliate resides, including without limitation, the General Data Protection Regulation 2016/679 of European Parliament and of the Council of 27 April 2016 (the “GDPR”). Affiliate, as a controller under the GDPR, shall also implement appropriate technical measures to ensure a level of security appropriate to the risk, taking into account the nature, scope, context, and purpose of processing any personal data. Affiliate agrees to promptly assist My Black Colorado in complying with any data subject rights request under the GDPR that My Black Colorado may receive from any individuals referred to My Black Colorado by Affiliate. Affiliate further agrees to promptly assist My Black Colorado in complying with any duties to cooperate with supervisory authorities under the GDPR.

  1. Order Processing

My Black Colorado will process orders placed by Referred Customers who follow the Links from an Affiliate Site to My Black Colorado. We reserve the right, in our sole discretion, to reject orders that do not comply with certain requirements that we may establish from time to time. All aspects of order processing and fulfillment, including My Black Colorado’s services, cancellation, processing, refunds and payment processing will be our responsibility. We will track the Qualified Purchases generated by your Affiliate Site and will make this information available to you through our website. To permit accurate tracking, reporting, and commission accrual, you must ensure that the Links between your website and our website are properly formatted.

  1. Commission Determination; Qualified Purchases

    1. Commissions will be calculated based on the commission rates stated on the My Black Colorado website for each Qualified Purchase (as defined herein) subject to commission accruing pursuant to Section 8 below. A “Qualified Purchase” does NOT include the following:


      1. A purchase by a Referred Customer that has transferred from any My Black Colorado partners or subsidiaries.
      2. A purchase by a Referred Customer who is also associated with any My Black Colorado reseller, referral, or other program.
      3. A purchase by a Referred Customer that is not up to date on its payments or is subject to a refund, referral, or other program.
      4. A purchase that was completed prior to the Affiliate joining the Affiliate Program or was not tracked properly through an Affiliate Link.
      5. A purchase by a Referred Customer that has not been in good standing for a period of at least thirty (30) days or is in violation of My Black Colorado’s Terms of Service, Acceptable Use Policy, or other applicable policies at the time the Commission Fees accrue.
      6. A purchase that My Black Colorado suspects, in its sole discretion, is the result of fraud, which shall include but is not limited to, the use of software that generates real and fictitious information, multiple accounts from the same customer, or the referral of accounts that do not comply with this Agreement.
      7. A purchase referred by an Affiliate that has an excessive cancellation rate as determined in My Black Colorado’s sole discretion.
      8. A purchase by a Referred Customer if the Referred Customer was offered or received coupons, refunds, credits or discounts from the Affiliate.
      9. A purchase by a Referred Customer if the Affiliate or Referred Customer is in or is promoting a business-opportunity program, as determined by us in our sole discretion.
      10. A purchase by a Referred Customer who received a popup with a discounted offer, while leaving My Black Colorado’s website during their purchase.
      11. A purchase by a Referred Customer engaging in “Domain Speculation,” which is determined by the identification of two (2) web hosting accounts with the same Referred Customer’s name, email address, or other identifying characteristic as determined by My Black Colorado and/or the identification of two (2) or more web hosting accounts that have no content on their websites or have similar content, templates or formatting, as determined by My Black Colorado, in our sole discretion.
    1. My Black Colorado reserves the right to withhold payment of initial Commissions Fees to Affiliates who are new to the Affiliate Program, or who have commissions that are potentially fraudulent as determined by My Black Colorado in its sole discretion, to determine the legitimacy and cancellation rates of Referred Customers.
    2. My Black Colorado reserves the right to suspend the payment of Commission Fees at any time and indefinitely, if it suspects fraud or other improper activity or a potential breach of any of the terms of this Agreement by the Affiliate or a Referred Customer. My Black Colorado reserves the right to deduct from Affiliate’s current and future Commission Fees any and all Commission Fees corresponding to any fraudulent, questionable, and cancelled purchases.
    3. My Black Colorado reserves the right to immediately cancel or withhold for later review any Commission Fee that fails to meet the criteria of a “Qualified Purchase.” Affiliate is responsible for monitoring the payment, denial, and withholding of Commission Fees; My Black Colorado is not obligated to actively notify Affiliates of the status of Commission Fees. If Affiliate has a question about a Commission Fee that has been cancelled or withheld, Affiliate has thirty (30) days from the day the payment would have been due to contact My Black Colorado to request that the Commission Fee be paid. Any changes to decisions about cancelled or withheld Commission Fees are strictly made in My Black Colorado’s sole discretion.
    4. Commissions for any Referred Customer who is associated with any My Black Colorado reseller, referral or other program may not be considered a Qualified Purchase. In other words, you may not receive double commissions or compensation.
    5. In the event that the Referred Customers that are referred to My Black Colorado by an Affiliate are determined to have an excessive cancellation rate, as determined by My Black Colorado in its sole discretion, My Black Colorado reserves the right to withhold or decline pending and future Commission Fees to such Affiliate.
    6. Any attempt by an Affiliate to manipulate, falsify or inflate Referred Customers, Qualified Purchases, or Commission Fees to intentionally defraud My Black Colorado or any violation of the terms of this Agreement constitutes immediate grounds for My Black Colorado to terminate the Affiliates participation in the Affiliate Program and will result in the forfeiture of any Commission Fees due to the Affiliate.
  1. Accrual of Commissions

Commissions will accrue and only become payable once you (i) provide all relevant tax and address documentation pursuant to Section 9 below and (ii) reach the Commission Threshold of $7 based on the commission rates stated on the My Black Colorado website, solely as applied to Qualified Purchases which occurred within ninety (90) days of the end of the calendar month in which the first of such Qualified Purchases occurred. For example, if you provide sign-ups which result in one Qualified Purchase on January 1st and a second sign-up which leads to a Qualified Purchase on August 10th, and you provide all necessary tax documentation on August 10th, no commission would accrue because the second Qualified Purchase occurred more than one hundred and eighty (180) days after the end of January when the first Qualified Purchase occurred. However, if you subsequently provide a sign up which leads to another Qualified Purchase on September 5th of the same year, then commissions would accrue on the latter two Qualified Purchases (i.e., the Qualified Purchases from August and September of the same year). All Qualified Purchases still eligible to result in commissions under this Section 8 must remain active and in good standing pursuant to the terms of this Agreement in order to remain eligible for accrual of a commission. Once a commission has accrued under this Section 8, the amount of such commission (the “Commission Fee”) shall be due and payable to you under the terms of Section 9. My Black Colorado reserves the right to change the Commission Threshold by amending this Agreement and will notify you for any such amendment pursuant to the terms of this Agreement.

  1. Commission Payments

    1. Subject to the terms of this Agreement and the accrual of commissions as set forth in Section 8 above, commissions will be calculated according to the specified percentage or dollar amount set forth in the commission report in your Affiliate Console for each Qualified Purchase that accrues during the period for which such commission fee is being calculated.
    2. Commission Fees will be processed approximately fifteen (15) to thirty (30) days after the end of the month or other period in which they accrue. My Black Colorado will only compensate you for Qualified Purchases made in accordance with this Agreement.
    3. Commission Fees shall be paid based on the current information in your Affiliate profile. You are required to notify us promptly of any change in your address by updating your profile information in the Affiliate console. You are responsible for informing My Black Colorado of your desired payment form/type. You can update or change your desired payment method at any time by updating your affiliate profile located in the affiliate console. Any changes to your desired payment method may take up to two payout cycles to take effect.
    4. You may choose to receive Commission Fees through the Stripe payment system or hosting credit, subject to the following conditions:


      1. Stripe Payments: Please refer to Stripe’s policy to ensure you are eligible to receive payment if you reside outside of the United States https://stripe.com/payment-terms/legal (stripe payments will only be reissued within one hundred and twenty (120) days of the original issue date in the case of an incorrect Stripe address or refusal from Stripe to accept a payment.)
    1. My Black Colorado, in its sole discretion, reserves the right to modify the available commission payment methods or payment schedule at any time. Such changes shall take effect when posted.
    2. Disputes: Affiliate has access to My Black Colorado’s real-time Affiliate Program statistics and agrees to file any disputes within forty-five (45) days after the end of the month in which the sale or event that is disputed occurred. Disputes filed after forty-five (45) days of the date on which the disputed sale or event occurred will not be accepted by My Black Colorado and Affiliate forfeits forever any rights to a potential claim.
    3. It is solely your responsibility to provide My Black Colorado with accurate tax and payment information that is necessary to issue a Commission Fee to you. If My Black Colorado does not receive the necessary tax or payment information within ninety (90) days of a Qualified Purchase which would otherwise trigger Commission Fees, the applicable commissions shall not accrue and no Commission Fees will be owed with respect to such Qualified Purchase.
    4. Each Affiliate is required to submit a W8/W9 tax form before any Commission Fees shall accrue. You are responsible for the payment of all taxes related to the commissions you receive under this Agreement. In compliance with U.S. tax laws, My Black Colorado will issue a Form 1099 to Affiliates whose earnings meet or exceed the applicable threshold.
    5. Any address change must be made in the Affiliate profile in the affiliate console at least fifteen (15) business days prior to the end of the calendar month in order for Commission Fees for that month to be processed
  1. Reports of Qualified Purchases

You may log into your affiliate console to review your click through and potential Qualified Purchases statistics on a daily basis. The potential Qualified Purchases shown in this report have not been reviewed to confirm they meet all criteria for Qualified Purchases. As such, Commission Fees may not be issued for all Referred Customers that appear in the affiliate console.

  1. Obligations Regarding Your Affiliate Site

    1. You are solely responsible for the development, operation, and maintenance of your Affiliate Site and for all materials that appear on your Affiliate Site. Such responsibilities include, but are not limited to, the technical operation of your Affiliate Site and all related equipment; creating and posting product reviews, descriptions, and references on your Affiliate Site and linking those descriptions to our website; the accuracy of materials posted on your Affiliate Site (including, but not limited to, all materials related to My Black Colorado Products and Services); ensuring that materials posted on your Affiliate Site do not violate or infringe upon the rights of any third party and are not libelous or otherwise illegal. We disclaim all liability and responsibility for such matters
    2. We have the right in our sole discretion to monitor signups through your Affiliate Site from time to time to determine if you are in compliance with the terms of this Agreement. If you are not in compliance, we may terminate your participation in the Affiliate Program effective immediately.
  1. My Black Colorado Responsibilities

We will provide all of the information necessary for you to make Links from your Affiliate Site to our site. My Black Colorado will be solely responsible for order processing (including payment processing, cancellations, and refunds) for orders for My Black Colorado Products and Services placed by a Referred Customer following a Link from your Affiliate Site, for tracking the volume and amount of Qualified Purchases generated by your Affiliate Site, and for providing information to Affiliates regarding Qualified Purchase statistics. My Black Colorado will be solely responsible for all order processing, including but not limited to payment processing, cancellations, refunds and related My Black Colorado service.

  1. Policies and Pricing

Referred Customers who buy My Black Colorado Products and Services through our affiliate network are deemed to be My Black Colorado Customers. My Black Colorado’s Terms and Conditions, rules, policies, and operating procedures will apply to such customers. We may change our policies, pricing, and operating procedures at any time. For example, My Black Colorado determines the prices to be charged for My Black Colorado Products and Services sold through the affiliate network in accordance with our own pricing policies. Prices and availability of My Black Colorado Products and Services may vary from time to time, from affiliate to affiliate, and from region to region. Because price changes may affect products that you have listed on your Affiliate Site, you may or may not be able to include price information in your product descriptions. We will use commercially reasonable efforts to present accurate information on our website, but we cannot guarantee the availability or price of any particular My Black Colorado Product or Service.

  1. E-mails and Publicity

You shall not create, publish, transmit or distribute, under any circumstances, any bulk email messages (also known as “SPAM”) without prior written consent from My Black Colorado, to be granted or denied in My Black Colorado’s sole discretion, in each instance. Additionally, you may only send emails containing a My Black Colorado affiliate link and or a message regarding My Black Colorado or My Black Colorado’s Affiliate Program to people who have previously consented to receiving such communications from you. Your failure to abide by this Section 14, the CAN-SPAM Act of 2003, our Anti-Spam Policy, and all applicable laws relating to email communications, in any manner, will be deemed a material breach of this Agreement by you and will result in the forfeiture by you of any and all rights you may have to any commissions and the termination of your participation in the Affiliate Program. Further, if your account has excessive clicks in a very short period of time as determined by My Black Colorado in its sole discretion, the Affiliate relationship may be terminated.

  1. Licenses and Use of My Black Colorado Logos and Trademarks.

    1. Subject to the limitations set forth in Section 3 above and otherwise in this Agreement, we grant you a non-exclusive, non-transferable, revocable license to (i) access our website through the Links solely in accordance with the terms of this Agreement and (ii) solely in connection with such Links, to use the My Black Colorado trademark and logo and similar identifying material provided by us (collectively, the “Licensed Materials”), for the sole purpose of selling My Black Colorado Products and Services on your Affiliate Site and as approved in advance by us. You may not alter, modify, or change the Licensed Materials in any way. You are only entitled to use the Licensed Materials while you are an Affiliate in good standing and in compliance with all of the terms of this Agreement.
    2. You shall not use the Licensed Materials for any purposes other than selling My Black Colorado Products and Services, without first submitting a sample to us and obtaining the express prior written consent of My Black Colorado in each instance. You shall not use the Licensed Materials in any manner that is disparaging or that otherwise portrays My Black Colorado, any hosted member of My Black Colorado or any My Black Colorado employee or representative in a negative light. We reserve all of our rights in the Licensed Materials and your license to use such material is limited to the manner described herein. We may revoke your license at any time, by giving you written notice. If not previously revoked, this license shall immediately terminate upon the termination of your participation in the Affiliate Program.
    3. You grant to us a non-exclusive license to utilize your name, title, trademarks, and logos (the “Affiliate Trademarks”) in any advertisement or other materials used to promote My Black Colorado and the Affiliate Program, provided that My Black Colorado’s use of the Affiliate Trademarks is not required and is at its sole discretion. This license shall terminate upon the termination of your participation in the Affiliate Program.
  1. Term and Termination

    1. The term of this Agreement will begin upon our acceptance of your Affiliate Program application and will end when terminated by either party (the “Term”). Either party may terminate this Agreement at any time, with or without cause.
    2. You are only eligible to earn Commission Fees on Qualified Purchases occurring during the Term. Commission Fees earned prior to the date of termination will be eligible for commissions only if the orders for the related My Black Colorado Products and Services are not cancelled within (30) days and comply with all of the terms of this Agreement. We may withhold your final payment of Commission Fees for a reasonable time to ensure that all Qualified Purchases are valid and payment from Referred Customers are legitimate as determined by My Black Colorado in its sole discretion.
    3. Any Affiliate who violates this Agreement, My Black Colorado’s Terms and Conditions, or any applicable law will immediately forfeit any right to any and all accrued, but not yet received, Commission Fees and will be immediately removed from the Affiliate Program.
    4. My Black Colorado reserves the right to remove an Affiliate from the Affiliate Program, and to terminate or suspend this Agreement, at any time for any reason, in My Black Colorado’s sole discretion.
  1. Modification

We may modify this Agreement at any time in our sole discretion; provided that the change shall solely apply to events occurring after the date on which you accept and agree to such modifications unless you otherwise agree herein. Such modifications shall take effect when posted on our website. Modifications may include, but are not limited to, changes in the scope of available Commission Fees, commission amounts or percentages, payment procedures, Commission Fee payment schedules, and Affiliate Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement, in which event you shall be entitled to your rights under the unmodified Agreement prior to the date of the applicable modification. Your continued participation in the Affiliate Program following our posting of any modification on our website will constitute binding acceptance of the change.

  1. Disclaimers

We make no express or implied warranties or representations with respect to the Affiliate Program or any My Black Colorado Products and Services sold through the Affiliate Program (including, without limitation, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). In addition, we make no representation that the operation of our website will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors, including the tracking of information concerning Referred Customers during any period of interruption.

  1. Relationship of Parties

You and My Black Colorado are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. Your affiliate title will be “sales representative”. You will not make any statement, whether on your Affiliate Site or otherwise, that contradicts anything in this section.

  1. Representations and Warranties

You hereby represent and warrant to us as follows:


    1. You have reviewed and understand this Agreement and agree to be bound by its terms.
    2. Your acceptance of this Agreement and participation in the Affiliate Program will not violate (i) any provision of law, rule, or regulation to which you are subject, (ii) any order, judgment, or decree applicable to you or binding upon your assets or properties, (iii) any provision of your by-laws or certificate of incorporation, or (iv) any agreement or other instrument applicable to you or binding upon your assets or properties.
    3. You are the sole and exclusive owner of the Affiliate Trademarks and have the power to grant to My Black Colorado the license to use such marks in the manner contemplated herein, and such grant will not (i) breach, conflict with, or constitute a default under any agreement or other instrument applicable to you or binding upon your assets or properties, or (ii) infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any third person or entity.
    4. You are not required to obtain consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party in connection with your entrance into this Agreement
    5. There is no pending or threatened claim, action, or proceeding against you, or any affiliate of yours with respect to the Affiliate Trademarks, and, to the best of your knowledge, there is no basis for any such claim, action, or proceeding.
    6. During the Term, you will not include in your Affiliate Site content that is, in our opinion, unlawful, harmful, threatening, defamatory, obscene, harassing, racially, ethically, or otherwise objectionable or are in violation of our Terms and Conditions or Acceptable Use Policy.
    7. You are at least eighteen (18) years of age.
    8. Each Referred Customer is valid, genuine, and unique and meets the criteria of a Qualified Purchase for generating a Commission Fee as provided in this Agreement.
  1. Limitation of Liability

WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE AFFILIATE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE AFFILIATE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

  1. Indemnification

You hereby agree to indemnify and hold harmless My Black Colorado and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your Affiliate Site, including, without limitation, its development, operation, maintenance and content therein not attributable to us.

  1. Confidentiality

Each of the parties hereto agrees that all information including, without limitation, the terms of this Agreement, business and financial information, My Black Colorado and vendor lists, and pricing and sales information, shall remain strictly confidential and shall not be utilized for any purpose outside the terms of this Agreement except and solely to the extent that any such information is (a) already lawfully known to or independently developed by the receiving party, (b) disclosed in published materials, (c) generally known to the public, or (d) lawfully obtained from any third party any obligation of confidentiality to the discloser hereunder. Notwithstanding the foregoing, each party is hereby authorized to deliver a copy of any such information (a) to any person pursuant to a valid subpoena or order issued by any court or administrative agency of competent jurisdiction, (b) to its accountants, attorneys, or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule, regulation, or legal process including, without limitation, the Securities Exchange Act of 1933, as amended, and the rules and regulations promulgated thereunder, and the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder.

  1. Independent Investigation

You understand that we may at any time (directly or indirectly) solicit My Black Colorado relationships on terms that may differ from those contained in this Agreement. We may also solicit relationships with entities that operate websites that are similar to or compete with your Affiliate Site. You have independently evaluated the desirability of participating in the My Black Colorado Affiliate Program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement

  1. Miscellaneous

    1. Governing Law. The laws of Colorado will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts and you irrevocably consent to the jurisdiction of such courts.
    2. Assignment. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns
    3. Waiver. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Agreement.

This file was last modified on February 1st, 2019

 

PRIVACY POLICY

Table of Contents

  • About Us
  • Information Covered by this Privacy Policy
  • Information We Collect From You
    • Signing Up for Services; User Information
    • Use of Services, Website Visits and Support
    • Social Media
    • Other Sources
  • How We Use Your Information
  • Sharing of Information
    • Sharing within My Black Colorado
    • Sharing with Partners
    • Sharing with Third Party Service Providers and Vendors
    • Corporate Reorganizations
    • Authorized Users
    • Legal Process
  • Security
  • Tracking Technologies and Online Advertising
  • Choice/Opt-out
    • Marketing Communications from Us
      • Email
      • Phone
    • Cookies
    • Information from Third Parties
    • Unauthorized Accounts
  • Retention of Personal Information
  • Legal Basis for Processing Your Information
  • Your Rights
    • Access
    • Portability
    • Correction
    • Erasure
    • Restriction of Processing to Storage Only
    • Objection
    • Withdrawal of Consent
  • Third Party Links and Information Collection and Use by Our Users
  • Children
  • Data Transfer
  • Complaints
  • Notification of Changes

About Us

My Black Colorado cares about protecting the personal information of our customers and visitors who use our websites, products or services (collectively, our “Users”). This privacy policy provides details about how your personal information is collected, shared and used by us. If you have any questions about this privacy policy or the practices described herein, you may contact info@myblackcolorao.com or 506 East Moreno Ave.  Colorado Springs, CO 80903.

Information Covered by this Privacy Policy

This privacy policy covers personal information, including any information we collect, use and share from you, as described further below. This privacy policy applies to all websites in My Black Colorado, our products and services, and our mobile applications (collectively, the “Services”). This privacy policy does not cover how our Users may use or share data that they collect using our services.

When you purchase a Service from us, your personal information will be collected, used, and shared consistent with the provisions of this privacy policy as well as the following addendums related to particular products and services offered by My Black Colorado, which are a part of this privacy policy:

Information We Collect From You

In the course of your use of the Services, we obtain the following information about you as described below. We collect this data for the purposes described in our Privacy Policy

Signing Up for Services; User Information

  • Information you provide prior to any registration process, such as your email when you provide it to us;
  • Information that you provide during any registration process, including in connection with a co-branded offer (such as your name, company name, email address, phone number, billing address or credit card information, geographic location and industry), when you call or email us (for support or otherwise) or when you use our products or services; and
  • Payment information that you provide to us (by way of our Services or otherwise) when you purchase some of our products and services, including credit card data.

Use of Services, Website Visits and Support

  • Data relating to your online activity on our websites with respect to our Services, including the following:
  •  
      • IP address
      • browser type and version
      • geographic location
      • pages you view
      • how you got to our Services and any links you click on to leave our Services
      • when you update your information, communicate with us, or order new Services
      • metadata about your use and your contacts’ use of our Services and your emails you send (including clicks and opens)
      • your interactions with any videos we offer
      • issues you encounter requiring our support or assistance
      • any device or other method of communication you use to interact with the Services

We store this data we collect in a variety of places within our infrastructure, including system log files, back end databases and analytics systems.

  • Your telephone conversations with us (which we may monitor or record).

Social Media

  • Information from third party social networking sites, including information that social networking sites provide to us if you use your credentials at such social networking sites to log into some of our Services (such as your name and email address to pre-populate our sign-up form).
  • The information you allow us to access varies by social networking site, and depends on the level of privacy settings you have in place at the social networking site. You can control and find out more about these privacy settings at the applicable social networking site.

Other Sources

  • Information you provide to us at seminars or to our partners;
  • Information you provide to us in surveys;
  • Information that is publicly available; and
  • Information you consent to us receiving from third parties.

How We Use Your Information

We use the information we collect, both on its own and combined with any other information we collect about you, for the following purposes:

  • To provide the requested Services to you;
  • To provide you with useful content;
  • To ensure the proper functioning of our Services
  • To offer and improve our Services;
  • To provide you with requested information or technical support
  • To facilitate your movement through our websites or your use of our Services;
  • To do a better job of advertising and marketing our Services (our use of your information to do this is performed with your consent where required by applicable law);
  • To advertise and market third party products and services (such advertisement is only performed with your permission where your consent is required by applicable law)
  • To diagnose problems with our servers or our Services;
  • In connection with our security and compliance programs;
  • To administer our websites;
  • To communicate with you;
  • To target prospective customers with our products or services (such targeting is only performed with your permission where your consent is required by applicable law);
  • To assist us in offering you a personalized experience or otherwise tailor our Services to you; and
  • As otherwise described in this privacy policy.

We also use the information we receive in aggregated and anonymized formats to produce reports on trends and statistics, such as mobile search trends, email open rates by industry, campaign best practices or the number of users that have been exposed to, or clicked on, our websites or evaluated or purchased our products and services.

Payment information that you provide to us, including credit card data, will only be used to facilitate payment for our products and services.

We also use recorded telephone conversations for quality control purposes, to train our employees and for our own protection.

Sharing of Information

As further described below, we will only share certain personal information with:

  • other members of My Black Colorado;
  • our partners;
  • third party service providers and vendors;
  • in connection with a sale, merger, acquisition or corporate reorganization;
  • authorized users within your organization; and
  • for legal reasons.

Sharing within My Black Colorado

We share personal information with other members of My Black Colorado to allow our corporate affiliates to contact you with offers, services or products that may be of interest to you and to provide you with their products and services. Any such corporate affiliate may use your information only according to the terms of this privacy policy. If you are located in a jurisdiction where such sharing requires your permission, we will only do so with your consent.

Sharing with Partners

When we share personal information with certain third-party partners, including marketing and advertising partners, that information includes your name, email address and other information enabling partners to:

  • assist you in using our products and services,
  • contact you with offers, services or products that may be of interest to you, and
  • provide you with their products or services.

If you are located in a jurisdiction where such sharing requires your permission, we will only do so with your consent. Please note that if you access our services through a tool that hides your location, such as through a virtual private network, you may not receive our request for permission because we were not able to identify you as being located in a jurisdiction where your permission is required.

Further, our partners are prohibited from using your contact information for any purpose beyond those set forth above without your consent. We will not provide our partners with your credit card information. Further information about certain partners we share personal information with is available in our privacy policy.

In the event we collect information from you in connection with an offer that is jointly presented by us and a partner, we will let you know who is collecting the information and whose privacy policy applies, as well as any options you may have regarding use of your information.

Sharing with Third Party Service Providers and Vendors

Occasionally, we enter into contracts with carefully selected third parties so that they can assist us in servicing you (for example, providing you with customer service, fraud detection and deterrence or access to advertising assets and providing us with information technology and storage services) or to assist us in our own marketing and advertising activities (including providing us with analytic information and search engine optimization services). Our contracts with third parties prohibit them from using any of your personal information for any purpose beyond the purpose for which it was shared.

If you purchase a product or service from a third party through one of our brands, we will pass your personal information to such third party in order for them to fulfill your order.

We also share non-personal information with certain third parties, including the media, industry observers, marketing and advertising partners, vendors, customers, potential customers or partners. For example, we disclose mobile search trends, email open rates by industry, campaign best practices or the number of users that have been exposed to, or clicked on, our websites or evaluated or purchased our products and services.

Corporate Reorganizations

If we are involved in a merger, acquisition, a sale of all or a substantial portion of our assets, or other similar sale transaction, your information will be transferred as part of that transaction. We will notify you by email and/or a prominent notice on our website of any such transfer and any choices you may have regarding your information.

Authorized Users

All users authorized by you to have access to your account can view personal information stored in the account. A primary account holder can view personal information saved in subaccounts to which they have authorized access. We share information about authorized users only for legitimate purposes consistent with this privacy policy, including servicing your account and marketing products and services to you.

Legal Process

Lastly, if legally required to do so, or if we have a good faith belief that such disclosure is reasonably necessary, we may disclose your personal information to courts of law, law enforcement authorities and other relevant third parties, such as internet service providers, to conduct an investigation, respond to a third party or law enforcement subpoena or court order, bring legal action, prevent harm to others or pursue other relief when you or a third party are or may be:

  • violating our terms and conditions of use;
  • causing injury or other harm to, or otherwise violating the property or other legal rights, of us, other users, or third parties; or
  • violating federal, state, local, or other applicable law.

This disclosure can include transferring your information to the U.S. and other countries outside the European Economic Area. To the extent we are legally permitted to do so, it is our policy to notify you in the event that we are required to provide your personal information to third parties in connection with a subpoena.

Security

The transmission of information via the internet, email or text message is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your information transmitted through the Services or over email; any transmission is at your own risk. Once we have received your information, we will take appropriate technical and organizational measures to safeguard your personal information against loss, theft and unauthorized use, access or modification.

When we collect financial account information, such as credit card numbers, we protect its transmission through the use of encryption such as the Transport Layer Security (TLS) protocol.

Tracking Technologies and Online Advertising

We use cookies, web beacons, pixels, tags, scripts and other similar technologies in the course of our business. Information about the technologies we use, why we use them (for example, in connection with online advertising), and how you can control them can be found in our Cookie Policy.

Choice/Opt-out

Marketing Communications from Us

EMAIL

You always have the opportunity to opt out of our marketing communications with you or change your preferences by following a link in the footer of all non-transactional email messages from us or by emailing us at info@myblackcolorado.com. Some communications from us are considered transactional or service communications (for example, important account notifications and billing information), and your account(s) for My Black Colorado products and services are provided to you upon the condition that you receive these communications from us. You must cancel your account(s) for My Black Colorado products and services, as applicable, if you do not wish to receive any transactional or service communications. To cancel your My Black Colorado account(s), please follow the instructions found in the terms of service for the applicable My Black Colorado service. You may still receive marketing communications from us even after you cancel your account unless you also opt-out of our marketing communications, as described above.

PHONE

We may contact you by telephone, with your consent where applicable, for marketing purposes (including by automatic dialer and/or prerecorded message). If you do not want to receive marketing calls, please contact customer support at the brand from which you purchased your Services. You do not need to agree to receive automated marketing phone calls or texts from us to use the Services.

Cookies

For information about how to manage and opt out from cookies, please visit our Cookie Policy.

Information from Third Parties

To manage the information we receive about you from a social networking site or other third parties (if applicable), you will need to follow the instructions from that party for updating your information and changing your privacy settings, where available. The information we collect is covered by this privacy policy and the information the third party collects is subject to such third party’s privacy practices. Privacy choices you have made on any third party site will not apply to our use of the information we have collected directly through our Services.

Unauthorized Accounts

If an account or profile was created without your knowledge or authorization, please contact customer support at the brand on which the account or profile is located to request removal of the account or profile.

Retention of Personal Information

We retain your personal information to provide services to you and as otherwise necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We will retain your personal information for no more than seven years following the later of (i) the date on which you terminate your use of the Services or (ii) May 25, 2018, unless we are otherwise required by law or regulation to retain your personal information for longer.

Legal Basis for Processing Your Information

Depending on what information we collect from you and how we collect it, we rely on various grounds for doing processing your information under the GDPR, including the following reasons:

  • In order to administer our contractual relationship, including setting up your requested Services, payments, renewals and processes;
  • Because it is in our legitimate interest to run a successful and efficient business and provide you with the Services and other useful content;
  • In order to fulfill any legal obligations we may have to collect this information from you; and/or
  • Because you have provided your consent for us to do so.

Your Rights

Where the European Union’s General Data Protection Regulation 2016/679, or GDPR, applies, in certain circumstances and subject to data processing agreements, you have rights in relation to the personal information we hold about you. We set out below an outline of those rights and how to exercise those rights. Please note that we will require you to verify your identity before responding to any requests to exercise your rights by providing details only known to the account holder. To exercise any of your rights, please send an email to info@myblackcolorado.com.  Please note that for each of the rights below we may have valid legal reasons to refuse your request, in such instances we will let you know if that is the case.

Access

You have the right to know whether we process personal information about you, and if we do, to access data we hold about you and certain information about how we use it and who we share it with.

Portability

You have the right to receive a subset of the personal information you provide us if we process it on the legal bases of our contract with you or with your consent in a structured, commonly used and machine-readable format and a right to request that we transfer such personal information to another party. If you wish for us to transfer the personal information to another party, please ensure you detail that party and note that we can only do so where it is technically feasible. We are not responsible for the security of the personal information or its processing once received by the third party.

Correction

You have the right to require us to correct any personal information held about you that is inaccurate and have incomplete data completed. Where you request correction, please explain in detail why you believe the personal information we hold about you to be inaccurate or incomplete so that we can assess whether a correction is required. Please note that while we assess whether the personal information we hold about you is inaccurate or incomplete, you may exercise your right to restrict our processing of the applicable data as described below.

Erasure

You may request that we erase the personal information we hold about you in the following circumstances:

  • where you believe it is no longer necessary for us to hold the personal information;
  • we are processing it on the basis of your consent and you wish to withdraw your consent;
  • we are processing your data on the basis of our legitimate interest and you object to such processing;
  • you no longer wish us to use your data to send you marketing; or
  • you believe we are unlawfully processing your data.

Please provide as much detail as possible on your reasons for the request to assist us in determining whether you have a valid basis for erasure.

Restriction of Processing to Storage Only

You have a right to require us to stop processing the personal information we hold about you other than for storage purposes in the following circumstances:

  • You believe the personal information is not accurate for the period it takes for us to verify whether the data is accurate;
  • We wish to erase the personal information as the processing we are doing is unlawful but you want us to simply restrict the use of that data;
  • We no longer need the personal information for the purposes of the processing but you require us to retain the data for the establishment, exercise or defense of legal claims; or
  • You have objected to us processing personal information we hold about you on the basis of our legitimate interest and you wish us to stop processing the personal information while we determine whether there is an overriding interest in us retaining such personal information.

Objection

You have the right to object to our processing of data about you and we will consider your request. Please provide us with detail as to your reasoning so that we can assess whether there is a compelling overriding interest in us continuing to process such data or we need to process it in relation to legal claims.

You also have the right, at any time, to object to our processing of data about you in order to send you marketing, including where we build profiles for such purposes and we will stop processing the data for that purpose.

Withdrawal of Consent

Where you have provided your consent to us processing your personal data, you can withdraw your consent at any time.

Third Party Links and Information Collection and Use by Our Users

Some of our Services provide links to other websites. Because we do not control the information policies or practices of these third party sites, you should review their privacy policies to learn about how they collect and use personal information.

You may also log in to some of our Services using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you with the option to share certain personal information with us, such as your name and email address to pre-populate our sign up form. For example, if you take advantage of certain of our social media features, such as the Facebook Like button, and widgets, such as the “Share This” button or interactive mini-programs that run on our site, the applicable social networking sites may collect your IP address, which page you are visiting on our websites, and may set a cookie to enable it to function properly.

Children

Our Services are not directed to persons under 18. We do not knowingly collect personal information from children under 18. If a parent or guardian becomes aware that his or her child has provided us with personal information without such parent or guardian’s consent, he or she should contact us. If we become aware that a child under 18 has provided us with personal information, we will delete such information from our files.

Data Transfer

In order for us to provide the Services to you, your personal information will be transferred to, and stored at/processed in the United States. Your personal data is also processed by staff operating outside the European Economic Area (EEA), such as in India and the Philippines, who work for us or for one of our suppliers. We will take all steps reasonably necessary to ensure that

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact us at info@myblackcolorado.com Under certain conditions, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.

You can contact the Data Protection Officer listed below to obtain a copy of the data transfer agreement or more information regarding the relevant safeguard we put in place.

Complaints

In the event that you wish to make a complaint about how we process your personal information, please contact our Data Protection Officer at info@myblackcolorado.com and we will try to deal with your request.

Notification of Changes

We reserve the right to modify this privacy policy at any time, so please review it frequently. If we decide to change this privacy policy in any material way, we will notify you here, by email, or by means of a notice on www.MyBlackColorado.com or the website of the My Black Colorado product or service you use prior to the change becoming effective. In all cases, your continued use of any Services constitutes acceptance to any such changes.

Last modified February 2nd, 2019

 

Acceptable Use Policy (AUP)

This Acceptable Use Policy (“AUP”) governs your use of the Services and is incorporated by reference into My Black Colorado Terms of Service. Unless otherwise stated, defined terms in this AUP have the meanings provided to them in the Terms of Service. My Black Colorado may modify this AUP at any time without notice.

You shall use the Services only for lawful purposes. Transmission, storage, or display of any information, data, or material in violation of applicable laws or regulations, including without limitation the laws Colorado, is prohibited. My Black Colorado reserves the right to terminate the Services for any Customer that exposes My Black Colorado to legal liability or threatens its ability to provide services to other customers. You agree to indemnify and hold My Black Colorado harmless from any claims resulting from your use of the Services.

Quick Links

Prohibited Uses

You may not use the Services to publish content or engage in activity that is harmful to others or illegal under applicable law. Any content that, in our judgment, violates our Terms of Service, including this AUP, in any manner may be removed from our servers (or otherwise disabled), with or without notice. Examples of prohibited content and activities can be found in this section.

Zero Tolerance Spam Policy

My Black Colorado maintains a zero tolerance policy for use of its network or services to send unsolicited bulk or commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 (“SPAM”). Please review this section to avoid action under our AUP.

Defamation and Objectionable Content

My Black Colorado respects that the Internet provides a forum for free and open discussion and dissemination of information. Accordingly, we generally do not screen, monitor or control customer content. However, if we are made aware of content that violates the law or this AUP, we will consider the matter and take appropriate action as determined in our sole discretion balancing the merits of the complaint with the right to freedom of expression.

Enforcement

My Black Colorado may terminate your Services with or without notice upon any violation of this AUP. This section describes how My Black Colorado may enforce this AUP.

Reporting AUP Violations

If you feel you have discovered a violation of our AUP, please review this section to learn about our reporting procedures.

  1. Prohibited Uses:

    1. No Illegal or Harmful Use – You may not use the Services to publish content or engage in activity that is harmful to others or illegal under applicable law, including without limitation in connection with any of the following illegal, harmful or fraudulent activities:


      1. Disclosing private sensitive personal information about others;
      2. Distributing malware or other malicious code;
      3. Engaging in the unlawful distribution of controlled substances and drug contraband;
      4. Engaging in the unlawful distribution of prescription medications, including, but not limited to, promotion, marketing, or sale of prescription medications without a valid prescription;
      5. Gambling;
      6. Hosting child pornography or content that is potentially harmful to minors (Any website found to be hosting child pornography or linking to child pornography will be suspended immediately without notice and reported to law enforcement or the National Center for Missing and Exploited Children (NMEC);
      7. Hosting FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme, High-Yield Interest Programs (HYIP) or related sites;
      8. Hosting or linking to a website intended to deceive the public including, but not limited to sites listed at aa419.org & escrow-fraud.com;
      9. Hosting or linking to an anonymous proxy server;
      10. Infringing upon the Intellectual Property Rights of Others. This includes, but is not limited to, the unauthorized copying or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work. If you believe that your intellectual property rights are being infringed upon, please notify My Black Colorado by completing the Report Member Violations form, or emailing us at info@MyBlackColorado.com;
      11. Money laundering;
      12. Phishing or engaging in identity theft;
      13. Selling weapons or ammunition;
    1. No Unauthorized System Access or Network Abuse – You may not use the Services to gain access into any network or system without permission. Prohibited activities include:


      1. Accessing another network without permission, to probe or scan for vulnerabilities or breach security or authentication measures;
      2. Attacking other networks (i.e. Denial of Service (DoS) attacks);
      3. Intercepting or monitoring data without permission;
      4. Running a file sharing site;
      5. Running any software that interfaces with an IRC (Internet Relay Chat) network;
      6. Using any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of the My Black Colorado website or servers for any unauthorized purpose;
    1. Don’t Hamper System Performance – Consuming excessive amount of server resources is prohibited. This leads to server performance issues and may cause a disruption to our systems or other customers. Use of any scripts or processes that may adversely impact our systems is prohibited.
    2. No Adult Content – You may not use the Services to distribute pornography or other adult-related content or offer any escort services.
    3. No Storage of Backups – Backing up personal data to a hosting account is prohibited. Our Services are designed to host your web site, not serve as a data repository. My Black Colorado reserves the right to remove backups from your hosting account.
  1. Zero Tolerance Spam Policy

    1. You may not use the Services to send spam or bulk unsolicited messages. My Black Colorado maintains a zero tolerance policy for use of its network or services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 (“SPAM”).
    2. “Safe lists,” purchased lists, and selling of lists will be treated as SPAM. We may terminate the account of any User who sends out SPAM with or without notice.
    3. Websites advertised via SPAM (i.e. Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to, SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may use our Services. Any User account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
    4. Please familiarize yourself with the CAN-SPAM Act. Information about the CAN-SPAM Act may be found by accessing the following link: https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business
  1. Defamation and Objectionable Content

    1. My Black Colorado values the freedom of expression and encourages Users to be respectful with the content they post. As a webhost, My Black Colorado is not a publisher of User content and is generally not in a position to investigate the veracity of individual defamation claims or to determine whether certain material, which My Black Colorado may find objectionable, should be censored. Accordingly, My Black Colorado generally requires a court order from a court of competent jurisdiction, as determined by My Black Colorado in its sole discretion, to take down alleged defamatory or objectionable content. However, My Black Colorado reserves the right to disable or remove any content to prevent harm to others or to My Black Colorado, as determined in My Black Colorado sole discretion.
  1. Enforcement

    1. Resellers.


      1. If there is a violation of this AUP by a User of a Reseller, My Black Colorado will suspend the account in question and notify the Reseller so that the Reseller can address the matter with the User. The occurrence of additional violations on a User account may result in the immediate suspensions or termination of your Reseller account.
    1. Direct customers.


      1. Your Services may be terminated with or without notice upon any violation of this AUP.
    1. If applicable, violations will be reported to the appropriate law enforcement agency.
    2. A failure to respond to an email from our compliance team within forty-eight (48) hours, or as otherwise specified in the email, may result in the suspension or termination of your Services.
    3. We reserve the right to enforce, or not enforce, this AUP in our sole discretion.

Reporting violations of this AUP. If you feel you have discovered a violation of our AUP please complete the the Report Member Violations form, or emailing us at info@MyBlackColorado.com

 

REPORT MEMBER VIOLATIONS

Please use this form to submit a report regarding a violation of our Terms of Service on a web site or system maintained by My Black Colorado.

We strive to make the Web a better place and consider the abuse of our services a serious matter. We investigate and record all reports of abuse submitted to us. Where appropriate, we may take action if a violation of any of our terms of service is confirmed or when required to do so if an activity violates the policies of ICANN or appropriate registry. We may request additional information from you about your report. However, please note we may not be able to provide you with specific updates in response to your specific report due to privacy reasons.

IMPORTANT NOTES:

  • This form is only for reporting certain violations of our Terms of Service. If you are customer and need assistance with your account, please login to your account.
  • If you believe that copyrighted work has been infringed, please see our Copyright Policy for instructions on reporting copyright infringement to My Black Colorado. The Digital Millennium Copyright Act (17 U.S.C. §§ 512) specifies that a proper notice of claimed infringement must be in writing and contain certain information as outlined in the DMCA.
  • My Black Colorado will not become involved in third party disputes. As a web hosting company, we are not in a position to judge the relative merits of each party’s position with regards to a dispute. However, should any of the parties elect to seek a court order, please be advised that we would comply with a valid order issued by a court of competent jurisdiction.
  • If you need to fax us a preservation letter or subpoena, please see our policy on Data Request Policy.

 

Anti-Spam Policy

My Black Colorado (“My Black Colorado”) maintains a zero tolerance policy for use of its network or services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 (“SPAM”).

It is your obligation to ensure that e-mail sent by you, or on your behalf, does not violate this law. We assume SPAM complaints are valid unless we are provided with credible information to the contrary. To avoid action under our AUP, please familiarize yourself with the CAN-SPAM Act by following this link: http://business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business

  • You may not use any of our services or network to send SPAM. In addition, e-mail sent, or caused to be sent, to or through our network or services may not:

 

    • Use or contain invalid or forged headers

 

    • Use or contain invalid or non-existent domain names

 

    • Employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path

 

    • Use other means of deceptive addressing

 

    • Use a third party’s Internet domain name, or be relayed from or through a third party’s equipment, without permission of the third party

 

    • Contain false or misleading information in the subject line or otherwise contain false or misleading content

 

    • Fail to comply with additional technical standards described below

 

    • Otherwise violate My Black Colorados User Agreement, AUP and other Terms of Service

  

  • My Black Colorado does not authorize the harvesting, mining or collection of e-mail addresses or other information from or through its network. My Black Colorado does not permit or authorize others to use its network or services to collect, compile or obtain any information about its Users or subscribers, including but not limited to subscriber e-mail addresses, which are My Black Colorados confidential and proprietary information. Use of our network or services is also subject to our User Agreement, AUP and other Terms of Service.

 

 

  • My Black Colorado does not permit or authorize any attempt to use its network or services in a manner that could damage, disable, overburden or impair any aspect of any of our services, or that could interfere with any other party’s use and enjoyment of any My Black Colorado product or service.

  

  • We monitor for SPAM all traffic to and from our servers. Customers suspected of using My Black Colorados products and services for the purpose of sending SPAM will be investigated. We assume SPAM complaints are valid unless we are provided with credible information to the contrary. It is My Black Colorados policy to immediately suspend, terminate and/or cancel any offending Web site or account sending SPAM.

  

  • Users may be asked to produce records that verify that explicit affirmative permission was obtained from a recipient before a mailing was sent. My Black Colorado may consider the lack of such proof of explicit affirmative permission of a questionable mailing.

  

  • Users are prohibited from maintaining open mail relays on their servers. Ignorance of the presence or operation of an open mail relay is not and will not be considered an acceptable excuse for its (the open mail relay) operation.

  

  • Users are prohibited from providing services for Web sites that have been included in SPAM, including, but not limited to hosting Web site(s), or providing DNS services or Web site redirect services.

  

  • It is a violation of this Policy to commission a third party to send e-mail that is in violation of this policy or of applicable law, even if that third-party does not use My Black Colorado systems, networks or resources. E-mail not in compliance with this policy – regardless of source – which contains any reference to a Web site hosted by us or contains any reference or link to a network or system of My Black Colorado is prohibited.

  

  • If My Black Colorado believes that unauthorized or improper use is being made of our network, or any product or service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. My Black Colorado may immediately suspend, terminate and/or cancel any account on any product or service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.

  

  • My Black Colorado reserves the right to suspend, terminate and/or cancel permanently any and all services provided to a User without any notification. In addition to any and all other rights hereunder or otherwise, if a Customer is in violation of any term or condition of this SPAM Policy, the Acceptable Use Policy, User Agreement or uses of our services to disrupt or, in My Black Colorados sole judgment, which could disrupt My Black Colorados business operations, My Black Colorado reserves the right to charge such Customer an administrative fee equal to $100.00 per each piece of SPAM sent.

  

  • To report an incidence of SPAM, please send an e-mail to info@myblackcolorado.com.

 

  • Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, our network or services. Failure to enforce this policy in every instance does not amount to a waiver of My Black Colorados rights.

  

  • My Black Colorado maintains computer equipment in several states, and unauthorized use of our network will lead to use of equipment in such states. Unauthorized use of our network in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil and criminal penalties against the sender and those assisting the sender, including those provided by the Computer Fraud and Abuse Act (18 U.S.C. §1030, et seq.) and other state and federal laws.

This file was last modified on February 1, 2019.

 

COOKIE POLICY

This Cookie Notice describes how and why My Black Colorado  use cookies, web beacons, pixels, tags, scripts and other similar technologies in the course of our business, including through websites and apps that link to this Cookie Notice. It also explains your rights to control our use of these tracking technologies. For additional information about our privacy practices, please review our Privacy Notice.

WHAT ARE COOKIES?

Cookies are small data files placed on your computer or other internet-enabled device that enable our features and functionality. They allow us to record information when you visit or interact with our websites, products and services (collectively, our “Websites”). Other tracking technologies, such as web beacons and pixels work similarly to cookies, placing small data files on your device that monitor your Website activity.

HOW DO WE USE COOKIES?

We use cookies and other tracking technologies to make our Websites easier to use and to better tailor them to your interests and needs. We use the information we obtain from cookies and other tracking technologies to carry out profiling activities in order to learn more about you and offer you tailored advertising based on your behavior on our Websites. We also use these technologies to compile information that allows us to better understand our customers and visitors.

WHAT KINDS OF COOKIES AND TRACKING TECHNOLOGIES DO WE USE?

PERSISTENT AND SESSION COOKIES

We use two categories of cookies: Persistent cookies and session cookies. Persistent cookies are cookies that help us recognize you. They are stored on your device in between browser sessions, allowing us to remember your preferences and actions across multiple sites and on multiple visits. Session cookies expire at the end of your browser session, allowing us to link your actions during a particular browsing session.

THIRD PARTY COOKIES

In addition to the first party cookies set by us, we also allow third parties to set cookies on our Websites.  Third parties may use cookies, web beacons, pixels, tags, scripts and other similar tracking technologies to enable the third party’s features or functionalities to be provided through the Website you are using. The third party setting these cookies can recognize your device both when it visits our Website and when it visits certain other websites or services. For example, our paid endorsers, or affiliates, may use third party cookies to identify you as a referral so they can be compensated if you sign up for services from us as a result of visiting one of our paid endorsers. The service providers of third-party cookies have their own privacy policies, and may use their cookies to target advertising to you.

CROSS-DEVICE TRACKING

We perform cross-device tracking which allows us to provide more relevant advertising to you on multiple devices. We do this by identifying browsing activity on your smartphones, tablets, desktop computers and other devices connected to the same IP address or logged into the same account to better understand the products and services that might be of interest to you.

LOCAL STORAGE OBJECTS

We also use Local Storage Objects (LSOs), such as HTML5, to, among other things, optimize screen presentation, video and other preference information.

GOOGLE ANALYTICS

We use Google Analytics which is a web analytics tool that helps us understand how users engage with our Websites. Like many services, Google Analytics uses first-party cookies to track user interactions as in our case, where they are used to collect information about how users use our Website. This information is used to compile reports and to help us improve our Websites. The reports disclose website trends without identifying individual visitors.

WHY DO WE USE COOKIES?

We use the following types of cookies for the reasons described below.  These cookies may be set by us or a third party service provider to perform the functions described below:

  • Required: These cookies and tracking technologies are required to help our websites work correctly.  For example, these cookies allow you to navigate our Website and use essential features, including secure areas and shopping baskets.
  • Analytics: These cookies and tracking technologies help us understand how customers and visitors interact with our Websites.  They provide us with information about areas of our Websites visited, time spent on our Websites, transactions performed, and any error messages you receive.  These cookies allow us to improve the performance of our Websites.  They may collect your IP address but only for the purpose of identifying general locations of visitors and identifying fraudulent or spam traffic.
  • Functional: These cookies and tracking technologies allow our Websites to remember choices you make to give you better functionality and a personalized experience.  For example, when you select a specific currency on one of our Websites, we will remember your currency selection when you return.
  • Advertising: These cookies and tracking technologies allow us to deliver content, including advertisements, relevant to your specific interests.  This content may be delivered on our Websites or on third party websites or services.  They allow us to understand and improve the relevancy of our advertisements.  They may track personal information, including your IP address.

HOW CAN I CONTROL COOKIES?

If you visit our Websites from the European Union and/or the European Economic Area, only required cookies, as described above, will be used on our Websites by default. Other cookies and tracking technologies will only be used when you consent by visiting each Website’s Cookie Management Center at http://preferences-mgr.truste.com/, where available.

Where you visit our Website from outside Europe, all cookies and similar tracking technologies described above will be used by default. If you would prefer not to receive personalized ads based on your browser or device usage, you may generally express your opt-out preference to no longer receive tailored advertisements.  Please note that you will continue to see advertisements, but they will no longer be tailored to your interests.

Internet browsers allow you to change your cookie settings via the “options’ or “preferences” menu in your browser. Please note that if you set your browser to refuse or block all cookies, certain features or functionalities of our Websites will be limited or unavailable to you.

Some internet browsers include the ability to transmit “do not track” signals. Because no industry standard has yet been developed with respect to “do not track,” our Websites do not currently process or respond to such “do not track” signals.

Some internet browsers may offer their own management tools for removing HTML5 and other Local Storage Objects.

You can opt out of Google Analytics without affecting how you visit our site. For more information on opting out of being tracked by Google Analytics across all websites you use, visit this Google page: https://tools.google.com/dlpage/gaoptout.

To learn how to manage privacy and storage settings for Flash cookies, visit http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html.

Further information about deleting and blocking cookies can be found at http://www.allaboutcookies.org.

Further information about our advertisers’ use of cookies can be found at:

HOW CAN I GET FURTHER INFORMATION?

If you have any questions about our use of cookies or other tracking technologies, please email us at info@myblackcolorado.com or contact our Data Protection Office at 506 east Moreno Ave. Colorado Springs, CO 80903

 

Data Request Policy

  1. Privacy Policy. Please see My Black Colorado’s Privacy Policy for further information on what type of information My Black Colorado collects, how it is used and when it may be disclosed. Subject to My Black Colorados Privacy Policy, this Data Request Policy describes the types of requests for data that My Black Colorado may receive and how My Black Colorado may respond to such requests.
  2. Types of Requests. My Black Colorado receives the following types of requests concerning Subscriber data:
    1. Data Requests. A data request is a request for information or documents relating to Subscriber accounts in connection with official criminal investigations or other official legal proceedings. Except in limited emergency situations (see below), My Black Colorado requires data requests to be made through formal U.S. legal process and procedures, and we respond to such requests as required by law. Examples of data requests include:
    2.  
  1. Subpoenas
  2. Court Orders
  • Search Warrants
  1. Legal process received from outside the United States may require a Mutual Legal Assistance Treaty (MLAT) with the United States
  2. Other forms of legal process such as Civil Investigative Demands
    1. Preservation Requests. A preservation request asks My Black Colorado to preserve Subscriber account records in connection with official criminal investigations or other official legal proceedings. Preservation requests must include the following information:
    2.  
  1. Identification of the account(s) at issue (as further described in Section 4 below);
  2. Identification of the investigating agency and/or specific pending official proceedings (requests must be signed on law enforcement letterhead);
  • Assurances that the requesting agency or individual is taking steps to obtain appropriate legal process for access to the data that My Black Colorado is being asked to retain; and
  1. A valid return email address and phone number.
    1. Emergency Requests. An emergency request is only appropriate in cases involving imminent serious bodily harm or death. We respond to emergency requests when we believe in good faith that such harm may occur if we do not respond without delay.
  1. Notice to My Black Colorado Subscribers. My Black Colorado’s policy is to notify its Subscribers of requests for their data unless My Black Colorado is prohibited from doing so by statute or court order.
  2. Information to Include in a Request. The following information must be included in a request for Subscriber data:
    1. First and last name of the customer and email address associated with the account; and
    2. Domain name and/or IP address associated with the account.

My Black Colorado may not be able to respond to a request without this information.

Additionally, My Black Colorado reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the information requested is related to the pending litigation and the underlying subpoena.

  1. Sending a Request to My Black Colorado. My Black Colorado is located in Colorado Springs, Colorado and all Requests should be sent to that location or mailed or faxed to:

My Black Colorado
Legal Department
506 East Moreno  

Phone: (719) 629-7482
E-mail: info@myblackcolorado.com

IMPORTANT NOTE: IN THE EVENT YOU SEND US A NOTICE OF ANY KIND VIA EMAIL AND DO NOT RECEIVE A RESPONSE FROM US, PLEASE SUBMIT A DUPLICATE COPY VIA PAPER.  DUE TO THE VAGARIES OF THE INTERNET AND EMAIL COMMUNICATION IN PARTICULAR, INCLUDING WITHOUT LIMITATION THE BURDENS OF SPAM AND THE OCCASIONAL UNINTENDED EFFECTS OF SPAM FILTERS, SENDING AN ALTERNATE FORM OF NOTICE, WILL HELP ASSURE THAT YOUR NOTICE IS RECEIVED BY US AND ACTED ON IN A TIMELY MANNER.

  1. Fees. My Black Colorado may seek reimbursement for costs in responding to requests as provided by law and may charge additional fees for costs in responding to unusual or burdensome requests.
  2. Available Information. Depending on the type of formal legal process provided, My Black Colorado may be able to respond with one or more of the following types of data:
    1. Non-Content. My Black Colorado will produce non-content information such as basic Subscriber information which may include the following subject to a valid request:

    1.  
  1. Name
  2. Email addresses
  • Date and time of account creation
  1. Billing information
  2. IP Logs
    1. Content. My Black Colorado will only produce Subscriber content (such as website files and email content) pursuant to a valid search warrant from an entity with proper jurisdiction.

This file was last modified on February 1st, 2019

 

Digital Millennium Copyright Act

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the My Black Colorado , INC. (“My Black Colorado”) system or Web site should be sent ONLY to our Designated Agent.

NOTE: The Following Information is provided solely for notifying My Black Colorado that your copyrighted material may have been infringed.

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, ETC.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.

Written notification must be submitted to the following Designated Agent:



MY BLACK COLORADO
Legal Department
506 East Moreno Ave.
Colorado Springs, CO 80903

Phone: (719) 629-7482 
E-mail: info@myblackcolorado.com



IMPORTANT NOTE: IN THE EVENT YOU SEND US A NOTICE OF ANY KIND VIA EMAIL AND DO NOT RECEIVE A RESPONSE FROM US, PLEASE SUBMIT A DUPLICATE COPY VIA PAPER AND/OR FAX (FAX # 781-998-8277). DUE TO THE VAGARIES OF THE INTERNET, AND EMAIL COMMUNICATION IN PARTICULAR, INCLUDING WITHOUT LIMITATION THE BURDENS OF SPAM AND THE OCCASIONAL, UNINTENDED EFFECTS OF SPAM FILTERS, SENDING AN ALTERNATE FORM OF NOTICE (VIA PAPER AND/OR FAX), WILL HELP ASSURE THAT YOUR NOTICE WILL BE RECEIVED BY US AND ACTED ON IN A TIMELY MANNER.

Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include ALL of the following:

 

  • Physical or electronic signature of a person authorized to act on behalf of the copyright owner.
  • Identification of the copyrighted work claimed to have been infringed or a representative list if multiple works are involved.
  • Identification of the material that is claimed to be infringing that should be removed or access to disabled and information reasonably sufficient to enable the online service provider to locate the material (usually a URL to the relevant page).
  • Information reasonably sufficient to allow the online service provider to contact the complaining party (address, phone number, e-mail address).
  • 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.”
  • Statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.
  • Upon receipt of notification of a claimed infringement, My Black Colorado will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity, regardless of whether the material or activity is ultimately determined to be infringing; if selective action is not possible, My Black Colorado will terminate the alleged infringer’s Internet access.

My Black Colorado will also take reasonable steps to promptly notify the alleged infringer in writing of the claim against him or her, and that it has removed or disabled access to the material (see Sections 512(c)(1)(C) and (g) of the DMCA).

Upon receipt of notice from My Black Colorado that a claim of infringement has been made and/or that the material has been removed or that access to it has been disabled, the Subscriber may provide a Counter Notification.

To be effective, a Counter Notification must meet ALL of the following requirements:

 

  • It must be a written communication;
  • It must be sent to the Service Provider’s Designated Agent
  • It must include the following:

 

  •  
    • A 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 of the material to be removed or disabled;
  •  
    • The Subscriber’s name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the Subscriber’s 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.

Upon receipt of a Counter Notification from the Subscriber containing the information as outlined above, My Black Colorado will:

  • Promptly provide the Complaining Party with a copy of the Counter Notification
  • Inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days following receipt of the Counter Notice;
  • Replace the removed material or cease disabling access to the material in not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter Notice, provided Service Provider’s Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Service Provider’s network or system.

CAUTION: Pursuant to Title 17, Section 512(f) of the United States Code, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

This file was last modified on February 1, 2019

Data Request Policy

  1. Privacy Policy. Please see My Black Colorado’s Privacy Policy for further information on what type of information My Black Colorado collects, how it is used and when it may be disclosed. Subject to My Black Colorados Privacy Policy, this Data Request Policy describes the types of requests for data that My Black Colorado may receive and how My Black Colorado may respond to such requests.
  2. Types of Requests. My Black Colorado receives the following types of requests concerning Subscriber data:

    1. Data Requests. A data request is a request for information or documents relating to Subscriber accounts in connection with official criminal investigations or other official legal proceedings. Except in limited emergency situations (see below), My Black Colorado requires data requests to be made through formal U.S. legal process and procedures, and we respond to such requests as required by law. Examples of data requests include:


      1. Subpoenas
      2. Court Orders
      3. Search Warrants
      4. Legal process received from outside the United States may require a Mutual Legal Assistance Treaty (MLAT) with the United States
      5. Other forms of legal process such as Civil Investigative Demands
    1. Preservation Requests. A preservation request asks My Black Colorado to preserve Subscriber account records in connection with official criminal investigations or other official legal proceedings. Preservation requests must include the following information:


      1. Identification of the account(s) at issue (as further described in Section 4 below);
      2. Identification of the investigating agency and/or specific pending official proceedings (requests must be signed on law enforcement letterhead);
      3. Assurances that the requesting agency or individual is taking steps to obtain appropriate legal process for access to the data that My Black Colorado is being asked to retain; and
      4. A valid return email address and phone number.
    1. Emergency Requests. An emergency request is only appropriate in cases involving imminent serious bodily harm or death. We respond to emergency requests when we believe in good faith that such harm may occur if we do not respond without delay.
  1. Notice to My Black Colorado Subscribers. My Black Colorado’s policy is to notify its Subscribers of requests for their data unless My Black Colorado is prohibited from doing so by statute or court order.
  2. Information to Include in a Request. The following information must be included in a request for Subscriber data:

    1. First and last name of the customer and email address associated with the account; and
    2. Domain name and/or IP address associated with the account.

My Black Colorado may not be able to respond to a request without this information.

Additionally, My Black Colorado reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the information requested is related to the pending litigation and the underlying subpoena.

  1. Sending a Request to My Black Colorado. My Black Colorado is located in Colorado Springs, Colorado and all Requests should be sent to that location or mailed or faxed to:

My Black Colorado
Legal Department
506 East Moreno  

Phone: (719) 629-7482
E-mail: info@myblackcolorado.com

IMPORTANT NOTE: IN THE EVENT YOU SEND US A NOTICE OF ANY KIND VIA EMAIL AND DO NOT RECEIVE A RESPONSE FROM US, PLEASE SUBMIT A DUPLICATE COPY VIA PAPER.  DUE TO THE VAGARIES OF THE INTERNET AND EMAIL COMMUNICATION IN PARTICULAR, INCLUDING WITHOUT LIMITATION THE BURDENS OF SPAM AND THE OCCASIONAL UNINTENDED EFFECTS OF SPAM FILTERS, SENDING AN ALTERNATE FORM OF NOTICE, WILL HELP ASSURE THAT YOUR NOTICE IS RECEIVED BY US AND ACTED ON IN A TIMELY MANNER.

  1. Fees. My Black Colorado may seek reimbursement for costs in responding to requests as provided by law and may charge additional fees for costs in responding to unusual or burdensome requests.
  2. Available Information. Depending on the type of formal legal process provided, My Black Colorado may be able to respond with one or more of the following types of data:

    1. Non-Content. My Black Colorado will produce non-content information such as basic Subscriber information which may include the following subject to a valid request:


      1. Name
      2. Email addresses
      3. Date and time of account creation
      4. Billing information
      5. IP Logs
    1. Content. My Black Colorado will only produce Subscriber content (such as website files and email content) pursuant to a valid search warrant from an entity with proper jurisdiction.

This file was last modified on February 1st, 2019

 

Arbitration Agreement

This Arbitration Agreement includes an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of this agreement by following the opt out procedure described in Section 11. Unless otherwise stated, defined terms in this Arbitration Agreement have the meanings provided to them in the My Black Colorado Terms of Service. My Black Colorado may modify this Arbitration Agreement at any time with appropriate notice.

  1. Informal Process First. You agree that in the event of any dispute between you and My Black Colorado, you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to arbitration under these Terms.
  2. Binding Arbitration. Any dispute or claim that remains unresolved after the informal dispute resolution described in Section 1 except for disputes relating to the infringement of our intellectual property rights or the access or use of the Service in violation of these Terms (a “Claim”) or Claims seeking more than $10,000 in damages, will be resolved by binding arbitration, rather than in court, provided that you may assert Claims in small claims court in Colorado
  3. No Judge or Jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
  4. Arbitrator and Rules. The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings will be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes. These rules can be found on the AAA website at www.adr.org. In the event of a conflict between the commercial arbitration rules and this Arbitration Agreement, this agreement shall control, and the parties shall designate another arbitrator.
  5. Starting an Arbitration. A party who intends to seek arbitration must first send written notice to My Black Colorado Legal Department of its intent to arbitrate (“Notice”). The Notice to My Black Colorado should be sent by any of the following means:(i) electronic mail to info@myblackcolorado.com; or (ii) sending the Notice by U.S. Postal Service certified mail to: My Black Colorado, Attn: Legal Department, 506 East Moreno Ave., Colorado Springs, CO 80903 . The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or My Black Colorado may commence an arbitration proceeding.
  6. Format of Proceedings. The arbitration will be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions.
  7. Fees. If you initiate arbitration, your arbitration fees will include the filing fee set forth in the AAA’s Consumer Arbitration Rules and all other fees you incurred during the process. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, we will pay all other AAA and arbitrator’s fees and expenses we incurred.
  8. Individual Basis; Jury Trial Waiver. To the fullest extent permitted by applicable law, you and My Black Colorado each agree that any proceeding to resolve a Claim will be conducted only in the respective party’s individual capacity and not as a plaintiff or class member in any purported class, consolidated, multiple plaintiff or representative action (“Class Action”). If for any reason a Claim proceeds in court rather than in arbitration, you and My Black Colorado each waive any right to a jury trial. You and My Black Colorado expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. Further, you agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this arbitration clause shall be null and void. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
  9. Enforcement. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The United Nations Conventions on Contracts for the International Sale of Goods will have no applicability.
  10. Invalidity. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and My Black Colorado each agree to the exclusive jurisdiction of the Federal and State courts located in Colorado, and you and My Black Colorado each agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable dispute or claim.
  11. Opting Out. If you do not want to arbitrate disputes with us and you are an individual, you may opt out of this arbitration agreement by sending an email to info@myblackcolorado.com within thirty (30) days of the first of the date you access or use the Service.
  12. Confidentiality. The parties shall maintain the confidential nature of the arbitration proceeding and any award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

This file was last modified on February 1st 2019.

 

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