MYHI TERMS OF USE AND SERVICE

Welcome to MyHi! MyHi provides its services to Users subject to the following Terms of Use and Service (the "TOS").

MyHi is intended for Adult audiences and should only be viewed by people over the age of 18. By entering MyHi you are declaring that you are 18 years or older and have read and agree to the following Policies:

Terms of Use and Service

Privacy Policy

Custodian of Records (18 U.S.C. 2257)

Digital Millennium Copyright Act

Anti-SPAM Policy

Software Provider TOS

Acceptance of Terms (top)

The images on the MyHi site are intended for personal use of individual members and viewers only and may not be used in connection with any commercial actions. Any other use or reproduction, digital or conventional, without the express written consent of MyHi is strictly prohibited. Organizations, companies, and/or businesses may not become members of this MyHi site and shall not use MyHi's service or site for any purpose including but not limited to: sending unsolicited commercial e-mail to members, sending advertisements for other web sites and services in this site's chat rooms, or using member personal identifying information for commercial purposes.

The Services and content are provided to each User subject to the TOS, which may be revised, changed, altered or updated from time to time without notice by MyHi, in MyHi's sole discretion. The most current version of the TOS will always be located and displayed on the Site. The TOS also includes any other guidelines, rules or notices posted elsewhere on the Site, including, without limitation and by way of example only, information included in the part of the Site called "Community Rules of Conduct" or other parts of the site users can link to.

Illegal and/or unauthorized uses of MyHi will be pursued and prosecuted to the fullest extent. MyHi reserves the right to terminate membership at MyHi's sole discretion. When a User accesses or uses any part of the Site, such User agrees to the terms and conditions of the TOS.

Definitions

The terms "User" means any person or entity that (a) downloads, attempts to download or otherwise utilizes any uniform resource locator ("URL") that resides entirely upon a server owned or operated by MyHi; (b) Transmits electronic mail, files or other data transmission, information or other matter onto any network owned or operated by MyHi or onto the Site (whether via private Transmission or public upload posting); (c) is linked to a URL resource owned or operated by MyHi; and (d) contacts, accesses or views MyHi or the Site, whether through the use of any telecommunications network or otherwise. The term User includes a Subscriber.

The term "Subscriber" means a User who pays a fee (determined from time to time by MyHi in it's sole discretion) and is granted access to certain areas of the Site only after successfully completing login protocols established from time to time by MyHi, including without limitation, through the use of an approved User name and password.

The term "Content" means all data, text, software, music, sound, photographs, graphics, video, messages or other information or materials of any kind.

The term "Services" means all resources (including content) provided via or available on the Site at any time, including without limitation, and by way of example only, a User's ability to (i) access or view Content, and to login into the Site as a Subscriber and create or change such Subscriber's Registration Data (defined below); (ii) communicate with the Site and other Users via the Site (including without limitation the ability to download or upload Content or other information or material, post messages and participate in groups or forums); and (iii) shop or utilize other available services, including authorizing charges to such User's credit or debit card, checking account or telephone invoice in order to make purchases or pay subscription fees related to the Site.

The term "Site" means the website www.MyHi.com.

The term "MyHi" is an assumed business name of Nucato Services AVV, a corporation of Aruba.

The term "Transmit" or "Transmission" means when a User uploads, posts, e-mails, transmits or otherwise makes available (directly or indirectly, by act or omission) or communicates any Content or other information or material to the Site, or through such means utilizes a Service available on or through the Site.

Age and Legal Access Certification

By accessing, using and/or viewing this site you represent and warrant under penalty of perjury the following:

A) That you are an adult, at least 18-years of age (21-years old in AL, MS, NE, WY, and any other location where 18 is not the age of majority).
B) That you will not permit any person(s) under 18-years of age (21-years old in AL, MS, NE, WY, and any other location where 18 is not the age of majority) to have access to any of the materials contained within this Site.
C) That you understand that when you gain access to this site, you will be exposed to visual images, verbal descriptions and audio sounds of a sexually oriented, frankly erotic nature, which may include graphic visual depictions and descriptions of nudity and sexual l activity. You are voluntarily choosing to do so, because you want to view, read and/or hear the various materials which are available, for your own personal enjoyment, information and/or education. Your choice is a manifestation of your interest in sexual matters which, you believe, is both healthy and normal and which, in your experience, is generally shared by average adults in your community. You further represent and warrant that you are familiar with the standards in your community regarding the acceptance of such sexually oriented materials, and the materials you expect to encounter are within those standards. In your judgment, the average adult in your community accepts the consumption of such materials by willing adults in circumstances such as this which offer reasonable insulation from the materials for minors and unwilling adults, and will not find such materials to appeal to a prurient interest or to be patently offensive.
D) That you further represent and warrant that you have not notified any governmental agency, including the U.S. postal service that you do not wish to receive sexually oriented material.
E) That you represent and warrant that you have not and will not use and/or view the Site(s) in a restricted location - namely a place, country, or location in which doing so would, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom.

Registration Obligations and Security

In consideration of User's access to or use of the Site (whether as a Subscriber, guest or otherwise), the User agrees to: (a) provide true, accurate, current and complete information about the User as prompted by MyHi's registration and profile date forms, or any other questionnaire or information input format, which requests information from or about User, and (b) maintain and promptly update such information to keep it true, accurate, current and complete (collectively, such information is sometimes referred to as the "Registration Data"). Without limiting any other matter contained herein, a User's access to or use of the Site may be suspended or terminated (without cost to MyHi and without obligation for reimbursement of any fees previously paid by a Subscriber to MyHi) for such User's failure to provide or maintain true, accurate, current and complete Registration Data as provided herein.

Each Subscriber is responsible for maintaining the confidentiality of any Subscriber login user name and password (or other identifying information). Each Subscriber is solely responsible for all activities that occur under the Subscriber's login user name or password, and neither the login user name nor password may be assigned or transferred to any other person or entity, voluntarily or involuntarily, by operation of law or otherwise, without the express prior written consent of MyHi, which consent may be withheld in MyHi's sole discretion. Each Subscriber agrees immediately to notify MyHi of any unauthorized use of such Subscriber's name or password, and each User agrees immediately to notify MyHi of any unauthorized use any other breach of security with respect to the Site known by such User.

Conduct

User acknowledges and understands that all content a User transmits to the Site, whether publicly posted on the Site or privately transmitted onto or via the Site, is not reviewed or pre-screened by MyHi and is the sole responsibility of such User from whom such content originates or is uploaded. This means that the User, and not MyHi, is responsible for all content that the User transmits onto or via the Site, whether or not displayed ultimately on the Site. Therefore, MyHi does not guarantee the accuracy, integrity or quality of content transmitted to the Site by a User, nor does MyHi make any representation or other warranty with respect to such content, including without limitation, content posted in Forums. MyHi does not regularly, and may not ever, review the accuracy or consistency of content posted to the Site.

User understands and acknowledges that by viewing, using or accessing the Site, the User may be exposed to content that may be considered or deemed offensive, indecent or objectionable. User must use the MyHi service in a manner consistent with any and all applicable laws and regulations. MyHi will investigate and take appropriate legal action in its sole discretion against anyone who violates the provisions herein, including without limitation, removing the offending communication from the site or service and terminating the membership of such violators.

The following is a partial list of the kind of content that is illegal or prohibited on the site, it includes content that: is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person or invades their privacy; involves the transmission of "junk mail", "chain letters", or unsolicited commercial e-mail or "spamming"; promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); displays pornographic or sexually explicit material of any kind; provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; provides content that involves cursing, swearing, incest, falsifying gender, violence, necrophilia, impersonating another member, threat of suicide or harm to oneself or others, drug paraphernalia, or bestiality; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; solicits passwords or personal identifying information for commercial or unlawful purposes from other users; sending advertisements in chat or instant messaging messages; and engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

User acknowledges that (i) MyHi or its designee has the right (but not the obligation) in its sole discretion to refuse, move or delete any content that is transmitted onto or made available via the Site, and (ii) that a User's transmission of content to the Site does not imply any promise or covenant on behalf of MyHi that such content will be displayed, nor does it imply any promise or covenant (except with respect to information submitted by a User necessary to process User authorized credit or debit card which will be handled by MyHi in accordance with the security provisions contained in our Privacy Policy) that such content will not be displayed or made publicly available on the Site or intercepted or read by someone other than the intended recipient.

Under no circumstances will MyHi be liable or responsible in any manner for any content posted to the Site, including without limitation, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of or reliance upon any such content. User agrees that User must evaluate, and bear all risks associated with the use of or access to any content, including content posted to the Site by MyHi.

User acknowledges and agrees that MyHi may preserve content and may also disclose content (including without limitation, Registration Data) if required to do so by law or if MyHi believes that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property or personal safety of the Site or MyHi, its Users or the public.

User understands that the technical processing and transmission of the Services or content, may involve (a) transmission over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

User agrees not to (and User agrees User has no right to) reproduce, duplicate, copy, sell, resell or exploit for any purposes, any portion of the Site (including, without limitation, the Services or content contained on the Site).

International Use

User agrees to comply with all local rules regarding online conduct and acceptable content. Specifically, User agrees to comply with applicable laws regarding the transmission of technical data exported from the United States or the country in which the User resides.

Content Posted in MyHi

MyHi claims immunity from liability to the fullest extent under the law for content provided by third parties and members and nothing in this Agreement is intended to waive, remove, or usurp such immunity. User understands and agrees that MyHi may delete any content, messages, photos or profiles that in the sole judgment MyHi determines violates the Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of MyHi and/or its members. User is solely responsible for the content that User publishes or displays on MyHi, or transmits to other MyHi members.

By posting content to any public area of MyHi, User automatically grants, represents and warrants that User has the right to grant to MyHi and its members, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information, rights of publicity, and content and to prepare derivative works of, or incorporate into other works and other media, such information and content, and to grant and authorize sublicenses of the foregoing. User hereby grants the aforementioned rights. For privacy terms, please refer to our Privacy Policy.

User agrees that User will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. User agrees that User will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the MyHi Site. User agrees that User will not take any action that imposes an unreasonable or disproportionately large load on the MyHi infrastructure. Much of the information on the MyHi site is updated on a real time basis and is proprietary or is licensed to Users or third parties by MyHi.

User profile (and its contents) may be searchable by the public and User may be able to search for the profiles (and their contents) of MyHi members registered to other MyHi members. User hereby understands and agrees User profile (and the contents thereof) may be searchable by third-party, publicly available search engines.

Except as otherwise provided by separate agreement between a User and MyHi, MyHi does not claim ownership of content transmitted by a User to the Site and displayed on the Site. Notwithstanding the foregoing, in it sole discretion, MyHi may alter the display of User transmitted content. User represents and warrant that with respect to any content User transmits, or causes to be transmitted, to the Site, MyHi has NOT hired, contracted for, managed or otherwise arranged for the participation of any performers depicted in such content.

User acknowledges that MyHi may establish general practices and limits concerning use of the Site. Such practices and limits may include, without limitation, the maximum number of days that message board postings or other transmitted content will be retained by MyHi on the Site, the maximum number of messages that may be transmitted on the Site, the maximum size of any message that may be transmitted on the Site, the maximum disk space that will be allotted on the Site's servers on a User's behalf and the maximum number of times (and the maximum duration for which) a User may access the Site in a given period of time. User agrees that MyHi has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained on, transmitted to or downloaded from the Site. Without limiting any other matter contained herein, User further acknowledges that MyHi reserves the right to change these general practices and limits at any time, in its sole discretion, and with or without notice.

Trademarks

MyHi and the MyHi logos are service marks and trademarks of Nucato Services, AVV (dba MyHi) and may NOT be used publicly without the express prior written consent and permission of MyHi. Other trademarks and service marks featured on the Site are displayed pursuant to licenses obtained from the owners or holders of those trademarks and service marks, and may not be used publicly without the express prior written consent and permission of the owners or holders of such trademarks and service marks.

Copyrights

Except for electronic messages, all content and Services on the Site are protected by federal copyright laws and are protected under treaty provisions and worldwide copyright laws. Content contained in any part of the Site may not be reproduced, copied, edited, published, transmitted, uploaded or downloaded in any way without the prior written consent and permission of MyHi. MyHi does not grant any express or implied right to any third party (including without limitation Users), under any trademarks, service marks, copyrights or other proprietary information or rights. For more information see our DMCA Policy.

Limited License and Acceptable Use

MyHi provides content and Services on the Site for the personal, non-commercial use by viewers, fans, visitors, Users, Subscribers or potential Subscribers of MyHi. Users of the Site are granted a single, personal, non-transferable license to download (on a single computer only) one copy of any of the content found on the Site made available for downloading for personal, non-commercial use only. MyHi reserves the right to limit the amount of content downloaded. Commercial use or exploitation of the content on the Site, or any portion thereof, is strictly prohibited. In addition, Users of the Site may not: (1) modify any of the content found in any area of the Site; (2) use any of the Content found in any area of the Site for any public display, performance, sale or rental; (3) remove, modify or alter any copyright or other proprietary notice or trademarks from any of the content found in any area of the Site; (4) otherwise transmit any content located in any area of the Site to any other person or entity, including posting to newsgroups or public forums; (5) rent, lease, loan, sell, distribute or create derivative works based on the Content or any portion thereof posted on the Site, or the software or techniques used in connection with the Site; or (6) modify the software and techniques used in connection with the Site. MyHi reserves the right to terminate this license at any time if a User breaches or violates any provision of the TOS, in which case such User will be obligated to immediately destroy any Content information or materials User has downloaded or otherwise copied from the Site.

MyHi reserves all other rights coincident or related to the Site. The use of download managers, for example Gozilla, Wget, HTTrack, or others - to download more than one (1) image or movie file at a time, which is available for download, is strictly prohibited and will result in termination of a Users right to access any portion of the Site.

DISCLAIMER

SITE CONTENT AND SERVICES ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. MYHI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. MYHI OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR-FREE CONTENT OR SERVICE, CONTINUED OPERATION OF THE SITE OR PROTECTION FROM DELETION, MISDELIVERY OR FAILURE TO STORE INFORMATION, INCLUDING USER COMMUNICATIONS AND PERSONALIZATION SETTINGS. MYHI DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT OR SERVICES CONTAINED ON THE SITE. MYHI MAY CHANGE ANY OF THE CONTENT OR INFORMATION DISPLAYED OR LOCATED OR FOUND AT THE SITE AT ANY TIME WITHOUT NOTICE. MYHI MAKES NO COMMITMENT TO UPDATE THE CONTENT OR INFORMATION FOUND AT OR DISPLAYED OR LOCATED OR FOUND ON THE SITE. IN NO EVENT SHALL MYHI BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE OR ITS CONTENT OR SERVICES, EVEN IF MYHI HAS BEEN ADVISED OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO A USER.

Termination and Restricted Access

MyHi reserves the right, in its sole discretion and without notice to User, to terminate a User's access to the Site (or any portion thereof) and to remove from the Site and discard any content (including without limitation content a User transmits to the Site). MyHi may also terminate or suspend a User's access to the Site for inactivity, which is defined as failing to log into a particular service for an extended period of time, as determined by MyHi, in it sole discretion. In the event of the suspension or termination of a User's access to the Site (or any portion thereof), User's right to use the Site (or any portion of which User access has been terminated) and to access any content or Services contained thereon will immediately cease. Any such termination or suspension may be implemented without notice to User.

Non Commercial Use

The contact form, comment forms and all areas of member publishing is intended for personal use only. Members may not use these features to advertise other websites or products, or solicit members or models on the site for any commercial endeavors. MyHi may, in its discretion, terminate Site access of any User that MyHi believes, in its sole discretion, is posting or is otherwise connected with any commercial soliciting of models or members or unsolicited advertising. In the event a User's access is terminated for the reason described in the preceding sentence, and because damages are often difficult to quantify in such circumstances, if actual damages cannot be reasonably calculated, then User agrees to pay MyHi liquidated damages equal to $25,000 for each instance of solicitation or advertising from or otherwise connected with such User's access to or use of the Site; otherwise, User agrees to pay MyHi actual damages, to the extent such actual damages can be reasonably calculated. A printed version of the TOS and any notice given in electronic form shall be admissible in judicial or administrative proceedings to the same extent as other business documents and records originally generated and maintained in printed form.

Links to Third Party Sites

The MyHi Site may contain links to sites that are controlled by third parties. Those linked sites are not controlled by MyHi and User acknowledges that MyHi is not responsible for the content of any such linked site or any link contained in a linked site. User is aware and acknowledges the inclusion of any link on the MyHi Site does not imply endorsement by MyHi of any linked site.

Jurisdiction and Venue

This Site is owned and operated by MyHi doing business in Willemstad, Curaçao, Netherlands Antilles. MyHi make no representation that any of the Content or Services available on the Site is appropriate or available for use in other locations. The TOS is governed and construed by Willemstad, Curaçao, Netherlands Antilles law, without regard to conflicts of law provisions. In the event of a dispute arising out of or relating to the TOS, or a User's use of or access to the Site, any suit must be brought in state or federal court in the Willemstad, Curaçao, Netherlands Antilles and User agrees to submit to the personal and exclusive jurisdiction of such courts located in such county.

Indemnification

Each User indemnifies and holds MyHi, and its subsidiaries, affiliates, officers, directors, shareholders, employees, agents, co-branders or other partners, harmless from and against any and all demands, claims, losses or damages, including reasonable attorneys' fees at trial and on appeal, related to or arising out of such User's (i) Transmission of Content to or through the Site (and whether or not such Content displayed or made available on the Site), at any time, (ii) use of or access to the Site, (iii) connection to the Site, (iv) breach of any representation, covenant or warranty contained in the TOS, or (v) violation of any rights of another.

Notices

Notices by MyHi to Users may be given by means of electronic messages or by a general posting on the Site. Notices by Users to MyHi must be given by e-mail or regular mail, postage prepaid at the following address:

MyHi
8080 E. Research Court
Tucson, AZ 85710

Any question, complaint or notice to MyHi by means of e-mail must be sent to admin@myhi.com.

PRIVACY POLICY (top)

Introduction

MyHi has adopted this privacy policy to protect Users' personal information and to let Users know how we might use it. This privacy policy only applies to activities Users perform on the Site, transactions for purchasing MyHi subscription services, and activities or communications that occur using the MyHi service (collectively known as the "Service") and does not apply to any other Website or offline point of contact between MyHi.com, MyHi, or any other company, and consumers. This policy may change from time-to-time, please periodically review this page. Each time Users use the Service or provide us with information, by doing so User hereby agrees User is accepting the practices described in this privacy policy at that time.

Information Collected

MyHi receives and stores information a User sends to us. We also collect user-specific information on what pages Users access or visit, information volunteered by the consumer, such as survey information and/or site registrations. The information we collect is used for internal review, is used to improve the content of our Site, used to customize the content and/or layout of our page for each individual visitor and then discarded. When a User becomes a Subscriber, MyHi obtains and retains the Registration Data. When a User requests pages from the Site's server, the Site Web server automatically collects some information about such User, including the User's IP addresses. MyHi collects information regarding a User's use of the Site through the use of cookies. If a User sends the Site or MyHi personal correspondence, such as e-mails or letters, MyHi may collect such information in a file specific to that User. MyHi may maintain a record or notes of communications with a User regarding use of or access to the Site, and that compilation of records or notes may include information MyHi receives from other sources. All of the information listed in the preceding sentences of this paragraph is sometimes referred to as "Customer Information".

Confidential Information

All the statistical information we compile from the Site and personal information that we collect about Users is considered confidential. This information is protected by usernames and passwords. Users should keep their password and user name confidential. We have implemented industry standard security mechanisms to protect this information from loss, misuse and unauthorized access, disclosure, alteration and destruction.

Third Party Access to Information

MyHi will not access, modify, or otherwise divulge the statistical information we compile from the Site except for the express purpose of generating reports, or unless acting under a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of MyHi; (3) enforce our agreements with customers and visitors; or (4) troubleshoot any service or support problems. MyHi may disclose information collected from Users to trusted affiliates, independent contractors and business partners who will use the information for the purposes outlined herein. We may also disclose aggregate, anonymous data based on information collected from Users to investors and potential partners. Finally, we treat this information as property of MyHi and thus can be transferred as an asset in the event of acquisition or merger.

How Customer Information is Used

MyHi uses User Information as necessary to process User authorized credit or debit card payment transactions, to facilitate a User's viewing of the Site and to communicate with the User. MyHi also uses User Information to compile broad demographic and Site usage information about the Site Users, for its internal business use, but such compilations generally do not contain anything that could be used to identify a User personally. A User will not receive any e-mail from MyHi unless the User has requested it and a User can indicate at any time that the User does not wish to receive e-mails information from MyHi.

Security Measures

MyHi takes reasonable precautions to maintain the security of User Information. MyHi provides Users with a secure web page through which to submit billing information when the User becomes a Subscriber or shops for merchandise sold on the Site. MyHi maintains User Information in a reasonably secure manner, including storing such User Information behind firewalls.

MyHi does not distribute, rent or sell Customer Information to third parties, other than (i) with the User's consent (including, for example, when a User Transmits for public display on the Site Customer Information, or a portion thereof), (ii) as necessary to process User authorized credit or debit card payment transactions, or (iii) as otherwise permitted by the TOS.

From time to time, MyHi may use customer information for new, unanticipated uses not previously disclosed in our privacy notice. Please review this statement from time to time to determine whether our information practices have changed. If you feel that this site is not following its stated privacy policy, you may contact us at admin@myhi.com.

CUSTODIAN OF RECORDS/18 USC 2257 (top)

With respect to visual depictions of actual sexually explicit conduct produced by and posted on the Site by MyHi (other than depictions transmitted by a User as described below), records required by 18 USC 2257 are kept by the following custodian of records.

Custodian of Records
8080 E. Research Court
Tucson, AZ 85710
jessicap@myhi.com

The date of production is .

As provided by 18 USC 2257 (h) (2) (B) (iii), MyHi's member information is not similarly maintained.

Without limiting any other matter contained herein, User represents and warrants that with respect to any Content a User has produced and Transmits to the Site which contains depictions of nudity or actual sexually explicit conduct, all persons who appear therein were 18 (eighteen) years of age or older at the time of the creation of such depictions. Further, such User represents and warrants that with respect to the depictions described in the preceding sentence, true, correct and complete records required by 18 USC 2257 have been obtained and will be maintained by User in compliance with such law and will be provided to MyHi promptly upon request by MyHi.

DIGITAL MILLENIUM COPYRIGHT ACT (top)

Copyright Infringement Notification

MyHi.com respects the intellectual property rights of others, and we ask our users to do the same. MyHi.com observes and complies with the United States' Digital Millennium Copyright Act ("DMCA"). If you are a copyright or other intellectual property rights owner or an agent thereof and believe that any User Submission or other content infringes upon your rights, you may submit a Notice of Claimed Infringement pursuant to the Digital Millennium Copyright Act ("DMCA") by providing MyHi.com's Copyright Agent with the following information in writing (please consult legal counsel or see 17 U.S.C 512(c)(3) for further detail):

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have 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; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You must submit your written Notice of Claimed Infringement to MyHi.com's DMCA Agent at:

Jessica Peña, ESQ
8080 E. Research Court
Tucson, AZ 85710
Phone: 520.290.0910
Fax: 520.258.4045
copyright@myhi.com
Interim Designation of Agent to Receive Notification of Claimed Infringement

Or, to expedite the process, you may elect to complete and submit a Notice of Claimed Infringement through DMCA Notice of Claimed Infringement.

You acknowledge that if you fail to substantially comply with 17 U.S.C.S 512 (c)(3)(A) your DMCA notice may not be valid.

Please note that some or all of the information provided in your Notice of Claimed Infringement may be forwarded to the person who provided the allegedly infringing content.

Upon receipt of a Notice of Claimed Infringement, MyHi.com reserves the right to remove any posted material or submission which allegedly infringes upon the copyright or other intellectual property rights of any person under United States law.

Please be advised, United States law provides significant penalties for submitting a false Notice of Claimed Infringement. If you materially misrepresent that any content or activity is infringing upon your copyrights or other intellectual property rights, you shall be liable for any damages incurred (including costs and attorneys' fees).

DO NOT SEND ANY OTHER INQUIRIES TO MYHI.COM'S DMCA AGENT. SEND ALL OTHER INQUIRIES TO: admin@myhi.com

Counter-Notification

If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to MyHi.com's Copyright Agent:

• Your physical or electronic signature;
• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Willemstad, Curaçao, Netherlands Antilles and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

You must submit your written Counter Notice of Claimed Infringement to MyHi.com's DMCA Agent at:

Jessica Peña, ESQ
8080 E. Research Court
Tucson, AZ 85710
Phone: 520.290.0910
Fax: 520.258.4045
copyright@myhi.com

Or, to expedite the process, you may elect to complete and submit a Counter Notice of Claimed Infringement through DMCA Counter Notice of Claimed Infringement.

If a counter-notice is received by MyHi.com's Copyright Agent, MyHi.com may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at MyHi.com's sole discretion.

Please note that when we forward the counter-notification to the original complaining party, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way.

Please be advised, United States law provides significant penalties for submitting a false Counter Notice of Claimed Infringement. If you materially misrepresent that any content or activity was removed or disabled by mistake or misidentification, you shall be liable for any damages incurred (including costs and attorneys' fees).

ANTI-SPAM POLICY (top)

The abuse and misuse of e-mail via SPAM is a serious problem, and MyHi takes a zero tolerance stance against it. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may advertise on our Site.

MyHi's customers who are suspected to be using MyHi services for the purpose of sending spam are fully investigated. Once MyHi determines there is a problem with spam, MyHi will take the appropriate action to resolve the situation. If you have been a victim of SPAM sent by one of our customers, please forward the e-mail, including its headers, to spam@myhi.com.

What is Spam

Spam is flooding the Internet with many copies of the same message, in an attempt to force the message on people who would not otherwise choose to receive it. Most spam is commercial advertising, There are two main types of spam. First, Cancellable Usenet spam is a single message sent to 20 or more Usenet newsgroups. (Through long experience, Usenet users have found that any message posted to so many newsgroups is often not relevant to most or all of them.) Usenet spam is aimed at "lurkers", people who read newsgroups but rarely or never post and give their address away. Usenet spam robs users of the utility of the newsgroups by overwhelming them with a barrage of advertising or other irrelevant posts. Furthermore, Usenet spam subverts the ability of system administrators and owners to manage the topics they accept on their systems.

Email spam targets individual users with direct mail messages. Email spam lists are often created by scanning Usenet postings, stealing Internet mailing lists, or searching the Web for addresses. Email spams typically cost users money out-of-pocket to receive. Many people - anyone with measured phone service - read or receive their mail while the meter is running, so to speak. Spam costs them additional money. On top of that, it costs money for ISPs and online services to transmit spam, and these costs are transmitted directly to subscribers.

One particularly nasty variant of email spam is sending spam to mailing lists (public or private email discussion forums.) Because many mailing lists limit activity to their subscribers, spammers will use automated tools to subscribe to as many mailing lists as possible, so that they can grab the lists of addresses, or use the mailing list as a direct target for their attacks.

1. Email Messages
2. Unsolicited postings to newsgroups
3. Windows system messages
4. Pop-up messages (aka "adware" or "spyware" messages)
5. Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)
6. Online chat room advertisements
7. Guestbook or Website Forum postings
8. Solicitations
9. Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message
10. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to facilitate a means to SPAM
11. The use of invalid or non-existent domain names
12. The use of deceptive addressing
13. Otherwise violate Vasio's Authorized Use Policy and other Terms of Service.

What We Allow and Don't Allow

Unauthorized use of MyHi 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. We will not allow our Site and services to be used for the purposes described herein. In order to use our products and services, you must abide by MyHi's no spam policies, all applicable laws and regulations, which include the Can-Spam Act of 2003 and the Telephone Consumer Protection Act.

Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have already "opted-in" to receive messages from the sender specifically. They must include a legitimate return address and reply-to address, the sender's physical address, and an opt-out method in the footer of the email or fax. Upon request by MyHi, conclusive proof of opt-in may be required for an email address or fax number.

What We Do

If MyHi determines that services are being used in association with spam, MyHi reserves the right to terminate, without warning, any account. Usage of MyHi's services constitutes acceptance and understanding of this policy. If the registrant or customer wishes to obtain reactivation, the registrant or customer will be required to respond by email to MyHi stating that they will cease to send spam and/or have spam sent on their behalf.

MyHi reserves the right to decide what it considers "SPAM", Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE) and to determine from all of the evidence whether or not the e-mail recipients were from an "opt-in" e-mail list. Users may be asked to produce records that verify that explicit affirmative permission was obtained from a recipient before a mailing was sent.

MyHi reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of MyHi.

To Report Spam Abuse

MyHi encourages all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email: spam@myhi.com.

Basic Mailing List Rules of Play

Mailing lists are an excellent vehicle for distributing focused, targeted information to an interested, receptive audience. Consequently, mailing lists have been used successfully as a highly effective direct marketing tool. Unfortunately, some marketers misuse mailing lists through a lack of understanding of Internet customs and rules of the forum pertaining to e-mail. Others fail to take adequate precautions to prevent the lists they manage from being used in an abusive manner.

The e-mail addresses of new subscribers must be confirmed or verified before mailings commence. This is usually accomplished by means of an e-mail message sent to the subscriber to which s/he must reply, or containing a URL which s/he must visit, in order to complete the subscription. However it is implemented, a fundamental requirement of all lists is the verification of all new subscriptions.

Mailing list administrators must provide a simple method for subscribers to terminate their subscriptions, and administrators should provide clear and effective instructions for unsubscribing from a mailing list. Mailings from a list must cease promptly once a subscription is terminated.

Mailing list administrators should make an "out of band" procedure (e.g., a means of contact by which messages may be sent for further correspondence via e-mail or telephone) available for those who wish to terminate their mailing list subscriptions but are unable or unwilling to follow standard automated procedures.

Mailing list administrators must ensure that the impact of their mailings on the networks and hosts of others is minimized by proper list management procedures such as pruning of invalid or undeliverable addresses, or taking steps to ensure that mailings do not overwhelm less robust hosts or networks.

Mailing list administrators must take adequate steps to ensure that their lists are not used for abusive purposes. For example, administrators can maintain a "suppression list" of e-mail addresses from which all subscription requests are rejected. Addresses would be added to the suppression list upon request by the parties entitled to use the addresses at issue. The purpose of the suppression list would be to prevent subscription of addresses appearing on the suppression list by unauthorized third parties. Such suppression lists should also give properly authorized domain administrators the option to suppress all mailings to the domains for which they are responsible.

Mailing list administrators must make adequate disclosures about how subscriber addresses will be used, including whether or not addresses are subject to sale or trade with other parties. Once a mailing list is traded or sold, it may no longer be an opt-in mailing list. Therefore, those who are acquiring "opt-in" lists from others must examine the terms and conditions under which the addresses were originally compiled and determine that all recipients have in fact opted-in specifically to the mailing lists to which they are being traded or sold.

Mailing list administrators should make adequate disclosures about the nature of their mailing lists, including the subject matter of the lists and anticipated frequency of messages. A substantive change in either the subject matter or frequency of messages may constitute a new and separate mailing list requiring a separate subscription. List administrators should create a new mailing list when there is a substantive change in either the subject matter or frequency of messages. A notification about the new mailing list may be appropriate on the existing mailing list, but existing subscribers should never be subscribed automatically to the new list. For example, if Company A acquires Company B, and Company B has compiled opt-in mailing lists; Company A should not summarily incorporate Company B's mailing lists into its own.

MyHi is committed to making the Internet a safer place

In furtherance of this commitment, we have joined forces with the Anti-Phishing Working Group (APWG). APWG is an industry association dedicated to the elimination of the identity theft and fraud associated with phishing and email spoofing. APWG currently has more than 600 members consisting of law enforcement, financial institutions and technology vendors. APWG focuses on education of the consumer and development of industry and legal solutions to the growing problem of phishing and email spoofing. We are proud to join this group and hope that together, we can end the threat that phishing and email spoofing poses.

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 MyHi's rights.

*This SPAM (SPAM) Accepted Use Policy and all other MyHi policies are subject to change by MyHi without notice. Continued usage of the services after a change to this policy is implemented and posted on the MyHi site constitutes your acceptance of such change or policy. We encourage you to regularly check the MyHi site for any changes or additions. Visit our Terms of Use Policy for further information regarding our policies.

MISCELLANEOUS

This TOS contains the entire understanding between the User and MyHi regarding the subject matter of the TOS, superseding all prior or contemporaneous communications, agreements and understandings between the User and MyHi. The TOS is binding on and inures to the benefit of the parties, their legal representatives, successors and assigns; provided, however, that neither the TOS, nor any rights granted hereunder, may be assigned, transferred, conveyed or encumbered by User without the prior written consent of MyHi, which consent may be withheld in MyHi' sole and arbitrary discretion. If any provision or clause of the TOS, or any portion thereof, is held by any court or other tribunal of competent jurisdiction to be illegal, void or unenforceable in such jurisdiction, the remainder of such provisions shall not thereby be affected and shall be given full effect, without regard to the invalid portion. The TOS is neither intended to, nor shall it be construed as creating, a joint venture, partnership or other form of business association between MyHi and any User. If any suit or action is filed by any party to enforce the TOS or otherwise with respect to the subject matter of the TOS, the prevailing party shall be entitled to recover reasonable attorney fees incurred in preparation or in prosecution or defense of such suit or action as fixed by the trial court, and if any appeal is taken from the decision of the trial court, reasonable attorney fees as fixed by the appellate court.