eBrandIT™ Terms of Service
|
eBrandIT™(“Product”) is provided by Mondial Teknology, Inc. (“Mondial”). The following are the Terms of Service (“ToS”) encompassing conditions under which Mondial offers the Product and the purchaser of the Product (“Customer”) accepts Product use. Mondial, at its sole discretion, has the right to change this ToS. Pricing for this Product is provided separately. Product includes branding of everyday email correspondence. Broadcast email functionality is available as part of some Products offered at a by Mondial. Products that include broadcast email functionality, require the customer to additionally agree to and abide by the " eBrandIT Terms of Service for Commercial/Promotional Email." |
1. The Product Term will be 12 month and will begin on the date the Product is activated. The Product term will automatically renew on the anniversary date of the activation date for a period of 12 additional months.
2. Customer may cancel Product with 30 days prior notice to Mondial at anytime during the Product term. Customer must provide notice in written or electronic form. Customer may call Mondial or contact brandcare@ebrandit.com to terminate the Product.
3. Mondial may suspend or terminate the Product if the Customer breaches this ToS. If such a situation occurs, Mondial will make reasonable efforts to not affect delivery of Customer’s email. Should email received from Customer constitute a substantial abuse of Mondial’s ToS or contain information and/or electronic data that could harm the Product or Customer recipients, Mondial may terminate Customer traffic immediately. Mondial will, within 4 hours of termination, advise Customer in written or electronic form, of the termination. Mondial, at its sole discretion, may reinstate the Product to Customer upon the Customer correcting any breaches of the ToS. |
| |
1. Product pricing is per Mondial's Standard Price List not included herein. Standard Price Lists are subject to change without notice and are at the sole discretion of Mondial.
2. Payments shall be by credit card charge unless otherwise agreed with Customer. Product Fees do not include any applicable sales, use, revenue, excise, property or other taxes imposed by any taxing authority with respect to the Product. All such taxes may be added by Mondial to Product invoices as separate charges and must be paid by Customer. Product setup fees will be billed prior to activation.
3. Mondial Products includes programs and technologies to enhance the delivery rate of normal email transiting the Product. These programs may require Mondial to post bonds and assure conformance of Customer with Acceptable Use Policies as described later in this ToS. Mondial has the right to bill Customer for fees Mondial is assessed by independent oversight organizations if Customer email transiting the Product is non-compliant with legal statutes and/or the Product Acceptable Use Policy. Mondial will provide Customer copies of assessments from independent oversight organizations should Customer be assessed such fees by Mondial. |
| |
MONDIAL REPRESENTS AND WARRANTS TO CUSTOMER THAT THE PRODUCT WILL PERFORM IN THE MANNER SPECIFIED IN THE SEPARATE PRODUCT DESCRIPTION. CUSTOMER WILL BE DEEMED TO HAVE ACCEPTED THE PRODUCT UNLESS CUSTOMER NOTIFIES MONDIAL WITHIN [THIRTY (30)] DAYS AFTER PERFORMANCE OF ANY PRODUCTS OF ANY BREACH OF THE WARRANTIES. THE FOREGOING WARRANTIES SHALL NOT APPLY TO PERFORMANCE ISSUES OR DEFECTS IN THE PRODUCTS (I) CAUSED BY FACTORS OUTSIDE OF MONDIAL’S REASONABLE CONTROL; (II) THAT RESULTED FROM ANY ACTIONS OR INACTIONS OF CUSTOMER OR ANY THIRD PARTIES NOT UNDER THE CONTROL OF MONDIAL; OR (III) THAT RESULTED FROM CUSTOMER’S EQUIPMENT OR ANY THIRD-PARTY EQUIPMENT NOT WITHIN THE SOLE CONTROL OF MONDIAL. |
MONDIAL DOES NOT GRANT ANY LICENSE FOR THE USE OF THE PRODUCT. EXCEPT FOR THE RIGHTS EXPRESSLY GRANTED HEREIN, THIS TOS DOES NOT TRANSFER FROM MONDIAL TO CUSTOMER ANY TECHNOLOGY, AND ALL RIGHTS, TITLES AND INTERESTS IN AND TO THE TECHNOLOGY SHALL REMAIN SOLELY WITH ROCKETSEED (PTY) LTD., THE DEVELOPER OF ROCKETSEED SOFTWARE, AND MONDIAL AS ITS LICENSEE. CUSTOMER SHALL NOT ATTEMPT, DIRECTLY OR INDIRECTLY, TO REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE ATTEMPT TO DERIVE TRADE SECRETS FROM ANY OF THE TECHNOLOGY USED AND DEPLOYED IN THE PRODUCT. |
IN NO EVENT WILL MONDIAL’S LIABILITY IN CONNECTION WITH THE PRODUCT PROVIDED HEREUNDER OR ANY AGREEMENT, WHETHER CAUSED BY FAILURE TO DELIVER, NON-PERFORMANCE, DEFECTS, BREACH OF WARRANTY OR OTHERWISE, EXCEED THE AGGREGATE PRODUCT FEES PAID TO MONDIAL BY CUSTOMER DURING THE MONTHLY PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH ALLEGED LIABILITY.
MONDIAL CANNOT GUARANTEE CONTINUOUS PRODUCT, PRODUCT AT ANY PARTICULAR TIME, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. MONDIAL WILL NOT BE LIABLE FOR CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM.
NEITHER MONDIAL OR CUSTOMER SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR PRODUCTS OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF ANY ORDER, OR FOR ANY CLAIM AGAINST THE OTHER PARTY BY A THIRD PARTY, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES. |
MONDIAL AND CUSTOMER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE OTHER, ITS AFFILIATES AND THEIR RESPECTIVE PRESENT, FORMER AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, AND THEIR RESPECTIVE HEIRS, LEGAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, COSTS, LIABILITIES AND EXPENSES (INCLUDING, WITHOUT LIMITATION, AMOUNTS PAID IN SETTLEMENT AND REASONABLE ATTORNEYS’ FEES) WHICH ANY OF THE MONDIAL INDEMNITEES MAY SUFFER, INCUR OR SUSTAIN RESULTING FROM OR ARISING OUT OF (I) MONDIAL’S OR CUSTOMER’S BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THE AGREEMENT, (II) VIOLATION BY MONDIAL OR CUSTOMER OR ITS CUSTOMERS OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OF THE ACCEPTABLE USE POLICY OR ANY APPLICABLE LAW, (III) CLAIMS OR ACTIONS BY THIRD PARTIES RELATING TO OR ARISING OUT OF CUSTOMER OR ITS CUSTOMER’S USE OF THE PRODUCT. |
| |
The terms under which the Customer accepts to use the Product, and the penalty and penalty assessment process for non-compliance with these policies are specified as follows. Mondial provides the Product in compliance with Federal, State, Local and other applicable laws, and in accordance with specified third party “commercial email standards.” Failure by the Customer to comply with laws, as mentioned herein, or commercial email standards described hereafter may result in termination of the Product to the Customer. |
The Product may be used for lawful purposes ONLY. Transmission or distribution of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. |
Violations of system or network security are prohibited, and may result in criminal and civil liability. Mondial will investigate violations and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include the following:
Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
Interference with Product to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.
Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Customers must ensure that commercially reasonable measures are in place to protect the security and integrity of any recipients’ email addresses and related personal Information held in Customer databases or on electronic systems. Reasonable efforts must be made to prevent open proxies, open relays and the dissemination of computer viruses, worms, or trojans on the Customer’s network and any IP addresses over which Email Messages are sent. |
The validity and effect of this Agreement shall be governed by and construed and enforced in accordance with the laws of the [State of Maryland]. Any suit, action or proceeding concerning this agreement must be brought in a [Maryland] state or federal court located in [Montgomery County, Maryland], and each of the parties irrevocably consents to the exclusive jurisdiction of such courts (and the appropriate appellate courts) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by applicable law. |
|
|
