Terms & Conditions

All MobiTellz, LLC customers must abide by the following Terms and Conditions: WEB HOSTING MOBILE SERVICE AGREEMENT & ACCEPTABLE USE POLICY This Web Creation and Hosting Mobile Service Agreement (this "Agreement") sets forth the terms and conditions of your use of MobiTellz, LLC ("MT") for web hosting and mobile services as provided via the web site mobiTellz.com™. You certify that you are at least 18 years of age. To become a mobiTellz account holder (herein: "mobiTellz"), you must read and agree to be bound by all terms and conditions of this Agreement, the fee schedules on the Online Order forms and any policies that are or may be published by mobiTellz. This Agreement will become effective when accepted by MobiTellz. By posting notice 30 days in advance at a web page available on our web site (http://mobitellz.com), MobiTellz, LLC may modify the terms and conditions of this Agreement or the prices of its services, as well as discontinue or change the services offered. You will be bound by the modified Agreement, prices and/or policies if you continue to use the services.

1. SCOPE OF SERVICES AND YOUR OBLIGATIONS

  • 1.1. This Agreement defines the terms and conditions of mobiTellz's services as offered by mobiTellz and used by you, including the provision of web hosting services on mobiTellz's servers and connectivity to the Internet (the "Services"). mobiTellz will provide the Services for the amount of server storage space selected in exchange for payment of fees and full compliance with the terms and conditions of this Agreement. In performing the Services, mobiTellz maintains control and ownership of any and all Internet protocol ("IP") numbers and addresses that may be assigned to you and reserves the right to change or remove any and all IP numbers and addresses at its sole discretion.
  • 1.2. As part of the Services, mobiTellz will also provide your own control panel to make updates or deletions to the website you have created..
  • 1.3. You are responsible for producing, electronically uploading and maintaining HTML files, execution scripts, applets and applications (the "Upload Materials") to your website, and you hereby warrant that all Upload Materials shall be owned or properly licensed by you and shall not adversely impact the Services or violate any rights of any third parties. You are responsible for ensuring that all Upload Materials will function properly and as intended. You are responsible for all activity originating from your website, unless proven to be a victim of outside hacking or address forgery. You assume responsibility for all material on your website that may be put on by a third party. You acknowledge that you have the necessary knowledge to create, modify and maintain your website. MobiTellz assumes no responsibility to provide you with such knowledge.
  • 1.4. In connection with the Services, mobiTellz provides templates to assist you in creating the mobile website of your choice. You are granted a nonexclusive, nontransferable license to use the these templates.
  • 1.5. For server restoration purposes only, mobiTellz makes full back-ups of websites weekly, and backups of new/changed data nightly; however, MobiTellz makes no guarantees of any kind, either expressed or implied, as to the integrity of these back-ups. You are responsible to maintain local copies of your website. If loss of data occurs due to an error of mobiTellz, mobiTellz will attempt to recover the data for no charge. Otherwise, mobiTellz will attempt to recover the data from the most recent archive for a $50 fee.
  • 1.6. mobiTellz reserves the right to monitor its systems electronically and to access and disclose any information as permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself or its accountholders or for any other reason it in good faith deems necessary. mobiTellz will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and reserves the right to report to law enforcement any suspected illegal activity it becomes aware of. It is not mobiTellz's intention that its Services or facilities be used in contravention of the Communications Decency Act of 1996 (the "CDA") or any other applicable law.
  • 1.7. You agree to comply with the requirements of the CDA and the Digital Millennium Copyright Act (the "DMCA") and acknowledge that mobiTellz is a "service provider" under the DMCA and is therefore immune from liability under the DMCA, including 17 U.S.C. § 512. Consistent with the DMCA, mobiTellz will accommodate standard technical measures used to identify and protect copyrighted works, and, as further described herein, mobiTellz has a policy of terminating accountholders who are copyright infringers. For further information on the mobiTellz DMCA policy and procedures, please see DMCA.
  • 1.8. Websites are unmodified forums containing the personal opinions and other expressions of the persons who post entries on a wide range of topics. Neither the content of websites located on a mobiTellz servers nor the links to other websites are screened, approved, reviewed or endorsed by mobiTellz. mobiTellz is not a publisher of any of the content of websites, or of any content that may be available through the links to and from them, and is acting solely as an Internet web-hosting service provider. The text and other material on such websites are the opinion of the specific author and are not a mobiTellz statement of advice, opinion or information.

2. LIMITED WARRANTY; LIMITATION OF LIABILITY; INDEMNIFICATION

  • 2.1.Disclaimer of Warranties. You acknowledge that the Services are provided "as is." Neither mobiTellz, nor any of its employees or agents, warrants that the Services will be uninterrupted, error free or free from viruses or other harmful components. mobiTellz is not responsible for and hereby disclaims any warranties, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or completeness, noninfringement, merchantability or fitness for a particular purpose of information available on its servers or residing on or passing through its interconnecting networks. Use of information obtained from or through the Services is at your risk. Under no circumstances will mobiTellz be liable to you or any other person for any loss or damage caused by your reliance on information available on its servers or obtained through the Services.
  • 2.2.Limitation of Liability. IN NO EVENT SHALL mobiTellz BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE mobiTellz's SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF mobiTellz's SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF mobiTellz HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS DESCRIBED HEREIN WILL ALSO APPLY TO ALL DOMAIN NAME DISPUTES, INVOLVING BOTH NEW DOMAIN REGISTRATIONS AND RENEWALS OR ANY FAILURE TO RENEW. NO EVENT SHALL mobiTellz's MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO mobiTellz FOR THE SERVICES.
  • 2.3. Indemnification. You agree to indemnify, defend and hold mobiTellz and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto mobiTellz's servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to mobiTellz's equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by mobiTellz's gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.

3. PAYMENT OF FEES

  • 3.1. You agree to provide mobiTellz and it’s payment gateway service with accurate and complete billing information, including your legal name, address, telephone number, e-mail address and applicable payment date and to update this information immediately if any change occurs. You must secure your account with a valid credit card. Payments must be submitted in advance of receiving the Services.
  • 3.2. You acknowledge that mobiTellz will bill your credit card prior to publication of your website.
  • 3.3 The term of this agreement is specified by the user via the order form.

4. ACCEPTABLE USES

  • 4.1. Use and Misuse of the Services. All complaints of abuse, violation and misuse of the Services, whether described in this Section 4 or otherwise, shall be investigated promptly. If you are not sure if your actions will be an abuse, violation or misuse, please ask first: support@mobitellz.com. You are responsible for all use of your website, with or without your knowledge or consent. You agree to use the Services only for lawful purposes, in compliance with all applicable laws. Illegality includes, but is not limited to, drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEGs, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions; stalking; or violating other state or federal law, such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited. When mobiTellz becomes aware of possible violations of this Agreement, mobiTellz may initiate an investigation that may include gathering information from you and the complaining party, if any, and examination of material on mobiTellz's servers.mobiTellz, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of this Agreement could subject you to criminal or civil liability. BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD mobiTellz HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY mobiTellz AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES WHATSOEVER FROM mobiTellz AS A RESULT OF mobiTellz's DECISION TO REMOVE MATERIAL FROM ITS SERVERS, WARN YOU, SUSPEND OR TERMINATE YOUR ACCOUNT, OR TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF mobiTellz's CONCLUSION THAT A VIOLATION HAS OCCURRED. THIS WAIVER APPLIES TO ALL VIOLATIONS DESCRIBED IN THIS AGREEMENT.
  • 4.2. Use and Misuse of Materials. Materials in the public domain (e.g., images, text, and programs) may be downloaded or uploaded using the Services. You may also re-distribute materials in the public domain. You assume all risks regarding the determination of whether the material is in the public domain. You are prohibited from storing, distributing or transmitting any unlawful material through the Services. Examples of unlawful material include, but are not limited to, threats of physical harm, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. Pornography and sex-related merchandising, or links to such material, even if legal, are not acceptable uses of mobiTellz's servers. You may not post, upload or otherwise distribute copyrighted material on mobiTellz's servers without the consent of the copyright holder. Unacceptable uses of website content also include the presence of the following programs or the activities associated with them, regardless of whether or not any actual intrusion results in the corruption or loss of data: server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network; attempts to circumvent any user authentication or security of host, network, or account; accessing data not intended for user; probing the security of any network; spawning dozens of processes; port scans, ping floods, packet spoofing, and forging router information; denial of service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land and teardrop; promulgation of viruses; and IRC bots, such as eggdrop or BitchX. MobiTellz supports free speech on the Internet and will not suspend or cancel your account simply because it disagrees with your views expressed at your website. However, examples of unacceptable activities include posting private information about a person without his or her consent, defaming a person or business, and knowingly making available code that will have a deleterious effect on third-party computers. Where there are allegations that your on-line activity has violated the legal rights of a third party, mobiTellz will not substitute itself for a court of law in deciding tort claims raised by the third party.
  • 4.3. Email Use. Unacceptable affronts to netiquette and unacceptable activities include, but are not limited to, the following: spamming (sending unsolicited advertising to those with which you have no existing business relationship and posting off-topic advertising in newsgroups); spoofing (using a return email address that is not the valid reply address of the sender or sending an email message that does not contain enough information to enable the recipient to identify you); passive spamming (promoting a website hosted by mobiTellz by spamming from some other source); trolling (posting controversial messages in newsgroups to generate responses); mailbombing (inundating a user with email without any serious intent to correspond or sending large or multiple files to a user); generating a higher volume of outgoing mail than a normal user (over 10% of available system resources); propagating chain letters; and subscribing someone else to an electronic mailing list without that person's permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distribute unsolicited email. If you are repeatedly mailbombed or attract such behavior, the Services will be terminated. You should not send email to any user who does not wish to receive it, either at mobiTellz or elsewhere. mobiTellz recognizes that email is an informal medium; however, you must refrain from sending further email to a user after receiving a request to stop.
  • 4.4. System Security. You are prohibited from utilizing the Services to compromise the security of system resources or accounts on servers at mobiTellz or at any other site. Use or distribution of tools designed for compromising security or containing viruses or trojans are prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. If you are involved in violations of system security, mobiTellz reserves the right to release all usernames of users involved in such violations to system administrators at other sites in order to assist them in resolving security incidents. mobiTellz will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.
  • 4.5. System Resources. System abuse includes any use of mobiTellz resources that disrupts the normal use of its servers or services for others. Further, running programs in the background on a mobiTellz server without mobiTellz's prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots and the like are not acceptable uses of mobiTellz's servers.

5. mOBITELLZ'S RIGHT TO TERMINATE AGREEMENT

  • (a) mobiTellz reserves the right to suspend or terminate the Services to you and remove or prevent access to any material from your website at any time, without prior notice or liability, for any conduct that mobiTellz, in its sole discretion, believes violates this Agreement or is otherwise harmful to mobiTellz's interests or the interests of other accountholders. (b) mobiTellz also reserves the right to comply with the take-down provisions of the DMCA and to seek injunctive, declaratory, interpleader or other judicial or equitable relief (and, pending such action, to suspend all access to your website) if any third-party claim is made that your website content or use violates any of the acceptable uses or your obligations or representations described in this Agreement.

7. ARBITRATION; GOVERNING LAW

  • 7.1. Except for mobiTellz's compliance with take-down provisions of the DMCA or injunctive or other equitable actions initiated by mobiTellz pursuant to Section 5(b), if any controversy or dispute arises in connection with this Agreement, the Services or your use of mobiTellz's servers, such controversy or dispute shall first be presented for resolution by mobiTellz and you. If no resolution is reached within 7 days thereafter, then such controversy or dispute shall be resolved by binding arbitration in Jacksonville, Florida, under the then-current rules of commercial arbitration of the American Arbitration Association. Each party shall select an arbitrator with expertise in computer law and the Internet, and these two arbitrators shall select the third arbitrator with such expertise. The validity, terms, performance and enforcement of this Agreement shall be governed and construed by its provisions and in accordance with the laws of the State of Florida (without regard to conflicts of laws principles).
  • 7.2 You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in Jacksonville, Florida, for any action, suit or proceeding arising out of or relating to Section 5(b) of this Agreement and the arbitration contemplated by this Section 7.

8. MISCELLANEOUS

  • You may not assign your rights and obligations under this Agreement without the prior written consent of mobiTellz, which may be withheld at mobiTellz's discretion. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of mobiTellz to require your performance of any provision hereof shall not affect the right to require such performance thereafter; nor shall the waiver by mobiTellz of a breach of any provision hereof be taken or held to be a waiver of the provision itself. Any action for any claim arising under, or in connection with, this Agreement must be commenced by you within one year after the alleged cause of action has accrued or after the date of termination of this Agreement, whichever is earlier. In the event that any provision of this Agreement is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of this Agreement. Such provision may be amended or replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the parties as reflected in the original provision. No provision of this Agreement may be amended or modified by you except by means of a written document signed or expressly assented to by mobiTellz. All terms and conditions of this Agreement that should by their nature survive termination of this Agreement shall so survive. This Agreement and the Online Order form, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and mobiTellz and supersede and govern all prior proposals, agreements, or other communications. mobiTellz has a responsibility to ensure that each of our clients is provided with the best services we have available. While we back up files continuously, we are in no way responsible for the archiving of a site. It is the sole responsibility of the site creator to copy, back-up or archive all files that constitute a web site. 10. Consent to contract electronically By clicking any mobiTellz order form "Submit Order" button, you agree to be bound by and to comply with this Agreement just as if you had signed it, and clicking the "Submit Order" button is the legal equivalent of your signature on a written contract. The following guidelines also apply: Content All services provided by mobiTellz may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States Federal, State, or City law is prohibited. This includes, but is not limited to copyrighted material, material we judge to be threatening or obscene or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless mobiTellz from any claims resulting from the use of the service, which damages the subscriber or any other party. Pornography and sex-related merchandising is prohibited on all mobiTellz servers. This includes sites that may infer sexual content or links to adult content elsewhere. mobiTellz will be the sole arbiter in determining violations of this provision. Also prohibited are sites that promote any illegal activity or present content that may be damaging to mobiTellz servers or any other server on the Internet. Links to such materials are also prohibited. Examples of unacceptable content or links: - Pirated software - Hacker programs or archives - Warez sites mobiTellz will be the sole arbiter as to what constitutes a violation of this provision. Traffic/ Hits / Bandwidth Policy Sharing your Content and Information You retain your rights to any Content you submit, post or display on or through a mobiTellz site. By submitting, posting or displaying Content on or through mobiTellz, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sub-license) to use, copy, reproduce, process, adapt, modify, publish transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for mobiTellz to provide, promote and make Content submitted to or through mobiTellz available to other companies, organizations or individuals who partner with mobiTellz for the syndication, broadcast, distribution or publication of such Content on other media and services. Such additional uses by mobiTellz, or other companies, organizations or individuals who partner with mobiTellz, may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through mobiTellz. We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media. You are responsible for your use of mobiTellz, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. mobiTellz, will not be responsible or liable for any use of your Content by mobiTellz in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit. Domain Pointing Domain pointers are to be used for the purpose of having more than one way to find the same site, not for the purposes of sharing an account among multiple sites. A domain pointer may not be set up to reference a sub-directory within an existing Web hosting account served by mobiTellz or any other provider. Server Abuse Any attempt to undermine or cause harm to a server, or customer of mobiTellz is strictly prohibited, and will result in immediate termination or prosecution. Refusal of Service We reserve the right to refuse, cancel, or suspend service at our sole discretion. Billing Problems and Termination Accounts paid by credit cards which are rejected by our online card processor are grounds for termination. Failure to follow any term or condition will be grounds for immediate account deactivation without refund. We always appreciate your feedback or other suggestions about mobiTellz, LLC, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).