Mogul Media Solutions, LLC Terms of Service
Mogul Media Solutions, LLC. owners and operators of the internet marketing service (“www.mogulmediasolutions.com”), a leading comprehensive internet marketing and web design services provider to small, medium and large companies. This Services Agreement (“Agreement”) governs your purchase and use, in any manner, of all services provided by Mogul Media Solutions, LLC and any of its affiliates (the “Services”).
You must accept the terms of this Agreement in order to use the Services.
NOTWITHSTANDING, BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN AS WELL AS ALL ACCEPTABLE USE POLICIES INCORPORATED BY REFERENCE.
Mogul Media Solutions, LLC reserves the right to change or modify any of the terms and conditions contained in this Agreement, any Addendums and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any changes or modification will be effective upon posting of the revisions on Mogul Media Solutions, LLC Web site (the “mogulmediasolutions.com”). Your continued use of Services following Mogul Media Solutions, LLC posting of any changes or modifications will constitute your acceptance of such changes or modifications.
Term This Agreement shall be for an “Initial Term” as chosen by you in the Order Form located on this site www.mogulmediasolutions.com at the time you register for the Services. Unless otherwise agreed upon, Initial Term shall mean 1 Month – Month to Month agreement. This Agreement will be automatically renewed (the “Renewal Term”) at the end of the Initial Term for the same period as the Initial Term unless you provide Mogul Media Solutions, LLC with notice of termination thirty (30) days prior to the end of the Initial Term or the Renewal Term. You must provide Mogul Media Solutions, LLC with your notice of termination by notifying Mogul Media Solutions, LLC in writing either by email, postal mail, or fax or as otherwise provided by this Agreement. Upon contacting Mogul Media Solutions, LLC, you will need to receive acknowledgement of the cancellation of service, you will be asked to provide Mogul Media Solutions, LLC with sufficient customer identification information so that Mogul Media Solutions, LLC may properly identify you and your account. Any notice of termination will be effective following thirty (30) days after Mogul Media Solutions, LLC receipt thereof.
Charges You agree to pay for all base charges, quoted charges, and incremental charges attributable to your use of the Services at the then current Mogul Media Solutions, LLC prices, which shall be exclusive to any applicable taxes. You are responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed in respect to the Services provided, other than taxes based on Mogul Media Solutions, LLC net income.
Default and Cure In the event that either party hereto defaults in the performance of any of its material duties or obligations under this Agreement, including failure to make any payments due under this Agreement, and such default is not cured within five (5) days after written notice is given to the defaulting party specifying the default, then the party not in default, after given written notice thereof to the defaulting party, may terminate this Agreement.
Payment All charges for Services must be paid in advance according to the then current prices applicable to the Services. Upon entering this Agreement, you must choose to pay either by direct charge to a credit or debit card, or receive an invoice and submit subsequent payment. If you choose to pay by credit or debit card upon registering for the Services, you thereby authorize Mogul Media Solutions, LLC (website “www.mogulmediasolutions.com”) to charge your credit or debit card to pay for any charges that may apply to your account. You agree that Mogul Media Solutions, LLC may accumulate any supplemental charges, incurred by you in your use of the Services (“Supplemental Charges”) until such charges exceed $20 and then charge your account. You must notify Mogul Media Solutions, LLC of any changes to your card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit Mogul Media Solutions.com from charging your account. If you choose to be invoiced upon registration for Services, Mogul Media Solutions, LLC will invoice you for the Services applicable to the period for which you have registered for the Services. Mogul Media Solutions may also create periodic invoices for any applicable Supplemental Charges associated with your use of the Services. Mogul Media Solutions, LLC will send you a statement reflecting the accumulated invoices. You agree to pay to Mogul Media Solutions, LLC the amount indicated in each invoice by the due date reflected on that invoice. If you fail to pay any fees and taxes by the applicable due date for credit card or invoice payments, late charges of the lesser of one and one-half per cent (1.5%) per month or the maximum allowable under applicable law but at no time less than $15 shall also become payable by you to Mogul Media Solutions, LLC. In addition, your failure to fully pay any fees and taxes within five (5) days after the applicable due date will be deemed a material breach of this Agreement, and Mogul Media Solutions, LLC may, in addition to any other remedy it may have: (i) suspend its performance of the Services and/or terminate this Agreement; and/or (ii) take possession and ownership of any of your property (including any and all intellectual property) in Mogul Media Solutions, LLC possession at the time of such non-payment and liquidate such property in any reasonable manner in partial or full satisfaction of any unpaid amounts. You agree to sign any documents to facilitate such a transfer of your property and, in the event that Mogul Media Solutions, LLC is unable for any reason to secure your signature to any document required for such transfer, you hereby irrevocably designate and appoint Mogul Media Solutions, LLC and its authorized officers and agents as your agent and attorney-in-fact to act on your behalf to execute such documents. Any such suspension or termination of the Services would not relieve you from paying past due fees plus interest. In the event of collection enforcement, you will be liable for any costs associated with such collection, including, without limitation, reasonable attorneys’ fees, court costs and collection agency fees. All charges are considered valid unless disputed in writing within sixty (35) days of the billing date. Adjustments will not be made for charges that are over 35 days old. Delinquent accounts may be suspended or cancelled at Mogul Media Solutions, LLC sole discretion; however charges will continue to accrue until the account is cancelled.
Intellectual Property Rights
4.1. Your License Grant to Mogul Media Solutions, LLC You hereby grant to Mogul Media Solutions, LLC a non-exclusive, worldwide, and royalty-free license for the Initial Term and any Renewal Term to use your content as necessary for the purposes of rendering and operating the Services to you under this Agreement. You expressly (a) grant to Mogul Media Solutions, LLC a license to cache materials distributed or made available for distribution via the Services, including content supplied by third parties, and (b) agree that such caching is not an infringement of any of your intellectual property rights or any third party’s intellectual property rights.
4.2. Mogul Media Solutions, LLC Materials and Intellectual Property All materials, including but not limited to any computer software (in object code and source code form), data or information developed or provided by MogulMediaSolutions.com or its suppliers or agents pursuant to this Agreement, and any know-how, methodologies, equipment, or processes used by Mogul Media Solutions, LLC to provide the Services to you, including, without limitation, all copyrights, trademarks, patents, trade secrets and other proprietary rights are and will remain the sole and exclusive property of Mogul Media Solutions, LLC or its suppliers, including but not limited to any software programs, inventions, products and/or technology innovations and methodologies utilized, developed, or disclosed by Mogul Media Solutions, LLC during the term of this Agreement. Unauthorized copying, reverse engineering, decompiling, and creating derivative works based on the any such software is expressly forbidden except as permitted in this Agreement. You may be held legally responsible for violation of any patent rights, copyright or trade secret rights that is caused or encouraged by failure to abide by the terms of this Agreement.
4.3. Trademarks You hereby grant to Mogul Media Solutions, LLC a limited right to use your trademarks, if any, for the limited purpose of permitting Mogul Media Solutions, LLC to fulfill its duties under this Agreement. This is not a trademark license and no other rights relating to the trademarks are granted by this Agreement. Specifically, but without limitation, the rights granted by this Agreement do not include the right to sublicense use of your trademarks or to use your trademarks with any other products or services outside the scope of the Services provided under this Agreement. The limited trademark use rights granted under this section terminate upon termination of this Agreement.
Warranty; Warranty Disclaimer
5.1. Customer and/or Third Party Acts is not responsible in any manner for any nonconforming Services to the extent caused by you or your customers. In addition, Mogul Media Solutions, LLC is not responsible for loss or corruption of data in transmission, or for failure to send or receive data due to events beyond Mogul Media Solutions, LLC control.
5.2. No Express or Implied Warranty ALL SERVICES, SYSTEMS AND PRODUCTS PROVIDED BY Mogul Media Solutions, LLC UNDER THIS AGREEMENT ARE PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTY IN FACT OR IN LAW, WHATSOEVER. YOU ACKNOWLEDGE AND AGREE THAT Mogul Media Solutions, LLC EXERCISES NO CONTROL OVER, AND ACCEPTS NO RESPONSIBILITY FOR, THE CONTENT OF THE INFORMATION PASSING THROUGH Mogul Media Solutions, LLC COMPUTERS, NETWORK HUBS AND POINTS OF PRESENCE, OR THE INTERNET. Mogul Media Solutions, LLC DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR COMPLETELY SECURE, AND DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADE SECRET OR TRADEMARK INFRINGEMENT. ALL SERVICES PERFORMED UNDER THIS AGREEMENT ARE PERFORMED “AS IS” AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, WITHOUT LIMITATION, ANY FAILURE DUE TO COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, Mogul Media Solutions, LLC DOES NOT MAKE AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR CONDITIONS OF QUALITY, AND ANY WARRANTIES WITH RESPECT TO PATENT, COPYRIGHT, TRADESECRET OR TRADEMARK INFRINGEMENT.
5.3 Your Warranties and Representations to Mogul Media Solutions, LLC You warrant, represent, and covenant to Mogul Media Solutions, LLC that (a) you are at least eighteen (18) years of age or are a duly organized and validly existing entity; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; (d) you will be financially responsible for the use of your account; (e) you have acquired or will acquire all authorization(s) necessary for hypertext links to third-party Web sites or other content; (f) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, your content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (g) your content and/or any software that you install or provide does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.