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> Print User Agreement
COMMERCIAL ACCOUNT ECOMMERCE/WEBSITE SUBSCRIBER AGREEMENT This Agreement entered into as of (date)_____________ between FragMob LLC and __________________________________. FragMob LLC agrees to provide subscriber commercial moblog (website) and/or eCommerce services, which shall include the hosting and maintaining of moblog entitled __________________ including moblog and template functionality on its Fragmob.com or similar websites listed below from the date set forth above at the rate of $____ per month for 24 months with a one time set up fee of $_____ on the following terms and conditions: Flexible Pay Option: The set up fee will be paid in ____ installments of $____ per month for a period for ____ months, for a total of $___ per month for ____ months. The combined data transfer of all moblogs must not exceed the allotted bandwidth of ____GB per month. Monthly service charges are subject to an additional bandwidth fee of $_____ for each GB of combined data transfer over ____GB. Payments for FragMob.com moblog services are due in advance. Any contract for usage charges $1000/month or less must pre-pay by standing credit card authorization. Any contract for usage charges of $1000/month or more must also pay in advance, however a reminder invoice, payable on receipt, will mail to the address set forth above. A 15% Late Payment Fee may be assessed on any invoice that is 10 or more days past due. The Late Payment Fee will be applied to the portion of the invoice that is 10 days past due and is not covered by the prepayment. The prepayment amount will apply to the oldest invoice outstanding first, and to each subsequent invoice thereafter until the prepayment amount has been fully applied. Monthly service fees are subject to additional charges for excess bandwidth and storage over and above the levels permitted for said account at the time of purchase. This agreement shall remain in effect unless one party from the other party receives written notice of termination at least 30 days prior to termination. FragMob LLC reserves the right to cancel any account without notice upon reimbursement of monies collected for prepaid services. There is no paid interest on such reimbursements. Subscriber may cancel or downgrade its subscription by notifying FragMob LLC no less than seven (7) calendar days before the end of the month, less notice will result in the Subscriber charged for the next month service period. No refunds granted on usage for current billing periods except as set forth below. Subscriber's notice of termination shall become effective at the end of its prepaid period. While FragMob LLC cannot guarantee or warrant the quality, content, or continued availability for viewing or downloading of any images and/or text posted on FragMob LLC websites. FragMob LLC makes all reasonable efforts to ensure that Subscriber's commercial moblog is available at least 99% of every month, less the six (6) hours of scheduled maintenance per month which will occur between the hours of 12:00 a.m. and 4:00 a.m. PST, or times requested and accepted by subscriber. FragMob LLC expressly disclaims any warranty, express or implied, including the warranty of merchantability, warranty of fitness for a particular purpose, and the warranty of noninfringement. Subscriber agrees FragMob.com and FragMob LLC shall have no liability for special, economic, non-economic, incidental, direct, indirect or consequential damages of any kind in connection with Subscriber's use of FragMob LLC websites or services, whether or not such damages are foreseeable. Subscriber is fully responsible for ensuring that all material appearing on its moblog complies with the terms and conditions herein and represents to FragMob LLC that it holds the copyright, or has appropriate license to use, all materials which appear on its moblog(s). FragMob LLC does not permit the posting of (a) images containing nudity, including unclothed children regardless of age, (b) images containing pornographic, sexual or obscene material, (c) images containing offensive or racist material, (d) images not owned by the uploader, (e) images taken in dressing rooms, hospitals, medical facilities, homes or other private locations where the subject(s) of the image does not appear to know the image is being recorded, (f) images containing copyrighted material not owned by the uploader, such as images taken of movies, concerts, works of art, etc., (g) images of driver's licenses, credit cards, or other personal financial information, (h) images depicting, promoting and/or inciting violence, (i) images depicting, promoting or providing instruction regarding illegal activities, (j) images depicting, promoting or inciting cruelty to animals, and (k) images infringing on another's right of publicity. Further, FragMob LLC does not permit the posting of images taken without the consent of the subjects thereof and which, because of the circumstances surrounding recording of the image, considerable as an invasion of privacy according to the laws of the United States and/or the jurisdiction in which the image originated. FragMob LLC does not permit the posting of comments, which are obscene, defamatory, offensive, racist, threatening or otherwise inappropriate. FragMob LLC also does not permit the posting of personal financial or other identifying information, such as bank account numbers, credit card information, social security numbers, phone numbers, etc. Upon request, FragMob LLC will provide Subscriber with reasonable management tools to permit Subscriber to pre-approve or remove material from its moblog. Subscriber agrees to hold harmless and indemnify FragMob LLC and its members, representatives and agents from any harm whatsoever resulting from Subscriber's use of the FragMob platform and/or from any participation by third parties thereon. FragMob LLC is not responsible for any loss of data and/or files resulting from suspension or deletion of data and/or files, network or system outages, file corruption or for any other reason, nor is it required to return any data. This Agreement may not be modified, supplemented or amended except in writing signed by both parties. This Agreement construed and interpreted in accordance with the laws of the State of California, USA, without regard to conflict of law principles. Subscriber hereby submits to jurisdiction in San Diego County, California, USA for all purposes related to FragMob LLC. FragMob LLC X___________________________________ [Subscriber Sign Here] ___________________________________ [Print Subscriber's Name] By: (Company) ________________________________ Position: ____________________________ Cardholder Name____________________________________ Card Number________________________________________ CCV______________ Exp. Date____________________ Billing Address____________________________________ City______________________ State____ Zip___________ I (card holder) X________________________________ authorize my card to be charged at the ____ of every month until contract obligations stated above are fulfilled. > Print User Agreement |
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