MyBloop received the following email from their hosting provider (1&1) regarding the termination of their account. Here's a copy of the email they received:
It has come to our attention that you are hosting copyrighted and/or
licensed files and software (aka, 'warez')
mybloop.com
Please note: Hosting of these files is strictly prohibited by our T&C
http://order.1and1.com/xml/order/Gtc
4.1.7.
You agree not to infringe any copyright, trademark, patent, trade
secret, or other proprietary rights of any third party, including, but
not limited to, the unauthorized copying of copyrighted material, the
digitization and distribution of photographs from magazines, books, or
other copyrighted sources, and the unauthorized transmittal of
copyrighted software;
7.3.
You agree and warrant that your use of the 1&1 Services and 1&1's
Equipment, and all sales and distributions, by any and all means, of any
type(s) of Content including, but not limited to, executable files (such
as .EXE), digitized audio/visual files (such as MP3), or archived copies
of copyrighted works (such as .ZIP); goods, including, but not limited
to, videotapes and CD-ROM products, and any type of services by you,
which are advertised and/or promoted by, or are in any other way
directly or indirectly associated with your use of the 1&1 Services or
1&1 Equipment, shall at all times comply with all applicable laws,
including, but not limited to, all federal, state and local laws
throughout the United States of America.
7.10.
You affirmatively represent, agree and warrant that you have and at all
times shall have all necessary intellectual property rights, including,
but not limited to, all copyrights, trademark and service mark rights
and rights of publicity, both in the United States and throughout the
world, to reproduce and disseminate, via the Internet, all data which
you store in Web Site Space or which you otherwise promote, advertise,
disseminate and/or distribute to anyone by your direct or indirect use
of the 1&1 Services or 1&1's Equipment, including, without limitation,
all advertising and promotional materials, prior to and at all times
during the time such materials are promoted, advertised, disseminated or
distributed through any direct or indirect use of the 1&1 services or
1&1's Equipment.
14.3.
1&1 may terminate this Agreement at any time for any reason, with or
without cause, upon thirty days' written notice. 1&1 may suspend
performance under or terminate this Agreement and cease transmission of
data associated with Your Web Site immediately and without notice:
As a result, this and all other accounts held with 1&1 will be
terminated in 2 weeks due to the violation of our terms and conditions.
We strongly disagree with this and are going to discuss this issue with them and take whatever action necessary to continue providing our services. We have a commitment to our users, which have entrusted us with all their data and backups, and we will do whatever is necessary to continue providing the services we promised.
14075-070205-578840-84
