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MOBIFIDE END USER AGREEMENT
In the case of a registration of a Mobifide account, the following terms and
conditions will apply:
1. LICENSE TERMS.
1.1 You shall be granted a personal, revocable, non-exclusive, non-transferable,
non-assignable, non-sublicensable license to:
- use the Service; and
- install and use a single copy of the Software solely for the purpose of redirecting mobile web traffic to the Mobifide web site that is the subject of the
- Mobifide subscription through searches of the Database (the "Additional Service").
1.2 You shall during the term of the Agreement, to the extent reasonably possible, effect and maintain adequate security measures to safeguard the Service, Software and Additional Service from use by any unauthorized person.
1.3 You shall not use the Service and/or the Additional Service in any way not expressly permitted under this Agreement. This includes a prohibition on:
- use of the results of searches performed using the Service and/or the Additional Service for the purposes of publication or distribution to any other persons and/or the transfer of any information or data obtained from such into the public domain;
- removing or modifying any markings on the Service or the Additional Service including reports or any notice of IP Rights;
- modifying, selling, renting, leasing, transferring, assigning, disposing of, novating, sub-licensing, transferring any of its rights to, reselling for profit or distributing the Service and/or the Additional Service or creating derivative works based on the Service and/or the Additional Service or any part of them;
- any distribution of data retrieved from the Database (or otherwise through the Service or Additional Service) in any form (whether printed, electronically relayed, posted to public list services or bulletin boards, magnetically stored or otherwise) to, or for the benefit of, any other person;
- causing or permitting any alteration, adaptation, translation, decompilation, disassembly, or reverse engineering of the Service and/or the Additional Service (other than as permitted by applicable law);
- copying the Software (provided however that you may take such copies or other reproductions of the Software as are strictly necessary for backup or archival purposes) and/or the Database or creating subsets or derivative databases from the Database in a manner not expressly permitted by this Agreement;
1.4 You shall be solely responsible for ensuring compliance with all local laws and regulations in relation to its website and the website content.
1.5 You shall be solely responsible for observing any applicable export and import laws that govern its use of the Service and/or the Additional Service. In particular, you shall not export the Software and/or the Database, or any part thereof, directly, or indirectly, in violation of these laws, or use them for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation.
1.6 You shall agree that Mobifide may make commercial use of data arising from your use of the Service and/or the Additional Service.
2. DISCLAIMER OF WARRANTIES.
You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an "as is," "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
3. LIMITATION OF LIABILITY.
You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for the initial registration of the Mobifide service. Wyatt Lane, LLC and its directors, employees, affiliates, subsidiaries, agents and third party providers, ICANN and the applicable registries shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to:
- loss or liability resulting from access delays or access interruptions;
- loss or liability resulting from data non-delivery or data mis-delivery;
- loss or liability resulting from acts of God;
- loss or liability resulting from the unauthorized use or misuse of your account identifier or password;
- loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement;
- loss or liability resulting from the interruption of your Service. You agree that we will not be liable for any loss of registration and use of your domain name, website, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
4. PROPRIETARY RIGHTS.
You agree that we will not be liable for any loss of registration and use of your domain name, website, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.The Service and the Additional Service supplied by Wyatt Lane, LLC are represented as owned by Wyatt Lane, LLC and/or its licensor and/or others and are proprietary in nature. Wyatt Lane, LLC and/or its licensor and/or others have and will retain all Intellectual Property rights and ownership in, and title to such proprietary licensed software and other material in and/or comprising the Service and/or the Additional Service.
On termination or expiry of this agreement for any reason:
- the license granted under this agreement shall immediately cease,
- you shall not make any further use of the Service and/or the Additional Service, and
- you must immediately remove all Software from your systems and delete any other information, documentation, materials, equipment, property and other items (and all copies of them in any format) belonging to Wyatt Lane, LLC or its licensors.
6. FAIR USE POLICY.
In the event that the volume of traffic related to your use of the Service and/or the Additional Service is sufficient so as to jeopardize the provision of the Service and/or the Additional Service for other end users, Mobifide reserves the right to, at its sole discretion, permanently or temporarily, discontinue provision of the Service and/or the Additional Service to you. For the avoidance of doubt, the volume of traffic generated by you should not exceed 2,000 page views per day.
7. ACCEPTABLE USE POLICY.
You agree that access to and right of use of the Service and/or the Additional Service may be suspended and/or terminated if you str found to be using the Service and/or the Additional Service in association with activities which may be detrimental to Wyatt Lane, LLC' or Mobifide's interests or reputation, such as in association with unsolicited commercial email ("spam") or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the territories in which you transact your business; activities designed to encourage unlawful behaviour by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way. In the event that access to and right of use of the Service and/or the Additional Service by you is suspended and/or terminated for spam or morally objectionable activities, no refund shall be due to the you.
8. DOMAIN TRANSFERS.
Should a domain to which services are being provided under this agreement be transferred to another domain name registrar, the provision of the Service and/or the Additional Service will be interrupted for that domain, and the Service and/or the Additional Service will not be restored until the necessary DNS records are made to refer the domain to the Service.
10. SERVICE BRANDING.
You accept that the text "Site by Mobifide" or equivalent, is inserted at the footer of the adapted site.
You acknowledge that updates to the Service and/or the Additional Service will take place from time to time (the "Updates"). Updates are generally designed to improve, enhance and further develop the Service and/or the Additional Service and may take the form of bug fixes, enhanced functions, new capabilities and completely new versions, and may include, but are not limited to, items such as advertising, links to third party offerings, and other promotional content. Mobifide shall incorporate Updates at it absolute discretion and you agree to receive such Updates on the above terms as part of its use of the Service and/or the Additional Service.
12. PAYMENT POLICIES
All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. WYATT LANE, LLC reserves the right to change prices at any time, unless other terms have been agreed upon. Credit card accounts are subject to login deactivation upon the card declining for charges within 48 hours of email notification. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to complete account deactivation. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies WYATT LANE, LLC at Mobifide.com to request for termination of services. All payment is in U.S. currency. WYATT LANE, LLC will bill each client $50.00 per returned check, per wire transfer received and per credit card chargeback received. All Mobifide accounts are setup on anniversary billing cycles. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length. Any account that is not brought current prior to deactivation will be charged a $25.00 reactivation fee as well as a $15.00 late charge, per domain deactivated. In addition, if your credit card declines for any reason WYATT LANE, LLC will charge your account an additional $1.00 service charge every time your card is declined. WYATT LANE, LLC may impose a debt service charge equal to one and one-half percent (1.5%) of the overdue balance (or such lesser amount as may be required by law) for each month or fraction thereof the overdue amount remains unpaid. All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of WYATT LANE, LLC) shall be paid by Customer. WYATT LANE, LLC accepts paper checks from customers for payment of web hosting services and fees associated with your account.
WYATT LANE, LLC reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by WYATT LANE, LLC if WYATT LANE, LLC institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.).
All of WYATT LANE, LLC's web hosting plans are backed by a 30 day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount excluding setup fees, domain registration fees, add-on/upgrade fees and overages. Setup fees are refundable only if the account order is canceled prior to account activation. For web hosting contracts, the full contract amount less any setup fees and overages will be refunded if WYATT LANE, LLC is notified within the first 30 days following activation. No refund is available after the 30th day. This policy does not apply to any additional services. Refunds will be made by company check or issued back to your credit card within 30 days of receipt of cancellation. To receive your refund, you must terminate this Agreement in the manner described in above and cease using the Services. No cancellations are processed on holidays or weekends.
If the Agreement expires or is cancelled for any reason, WYATT LANE, LLC is not liable to you because of the expiration or cancellation for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from the termination or expiration. If you terminate this Agreement, WYATT LANE, LLC will not relieve you of any obligations to pay fees and costs accrued before the termination date or any other amounts you owe to WYATT LANE, LLC under this Agreement.
14. LAWFUL PURPOSE
WYATT LANE, LLC reserves the right to refuse service to anyone. Customers may only use WYATT LANE, LLC server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of WYATT LANE, LLC management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue and jurisdiction this contract was entered into and performed in Orleans Parish, LA, and any dispute will be litigated or arbitrated in Orleans Parish, LA. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Orleans Parish Courts. IN NO EVENT SHALL WYATT LANE, LLC'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD WYATT LANE, LLC HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST WYATT LANE, LLC, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS WYATT LANE, LLC AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH WYATT LANE, LLC'S SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM WYATT LANE, LLC'S SERVER.
WYATT LANE, LLC WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. WYATT LANE, LLC MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. WYATT LANE, LLC DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY WYATT LANE, LLC AND ITS EMPLOYEES. WYATT LANE, LLC RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.
ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF WYATT LANE, LLC MUST ADHERE TO THE ABOVE POLICIES.
FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.