1. OVERVIEW
This Web Services Agreement (“Agreement”) is entered into by and between Mitno Technology, LLC, a Kentucky limited liability company ("Mitno Technology") ("Mitno") and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of Mitno’s Web Services (“Service(s)”), and represents the entire agreement between you and Mitno concerning the subject matter hereof.
Your electronic acceptance of this agreement signifies that you have read, understand, acknowledge and agree to be bound by this agreement.
The terms “we”, “us”, “our”, or “Mitno” shall refer to Mitno Technology, LLC, (“Mitno”). The terms “you” and “your” shall refer to any individual or entity who accepts this Agreement. Nothing in this agreement shall be deemed to confer any third-party rights or benefits, except where specifically granted herein.
We may, in our sole and absolute discretion, change or modify this agreement, and any policies or agreements which are incorporated herein, at any time and such changes or modifications shall be effective immediately upon posting to this site. Your use of this site or the services after such changes or modifications shall constitute your acceptance of this agreement as last revised. If you do not agree to be bound by this agreement as last revised, do not continue to use this site or the services. We may occasionally notify you of changes or modifications to this agreement by email. It is therefore very important that you keep your shopper account information current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
2. DESCRIPTION OF SERVICES
This Agreement applies to design of websites and eCommerce web stores, post-publication changes to websites and eCommerce web stores, and Additional Mitno web services.
Website Design Packages:
Purchase of a website design includes the design of a website using the specifics outlined in your chosen plan, and as described below:
- Landing Page Design includes one (1) web page design, ten (10) revisions (does not include new content), and no site updates. Updates can be purchased separately or may be included with your web hosting plan.
- Basic Website Design includes one (1) design template, up to five (5) web pages, five (5) minor revisions after your site has been completed (does not include new content), and no updates. Updates can be purchased separately or may be included with your web hosting plan.
- Standard Website Design includes one (1) design template, up to ten (10) web pages, five (5) minor revisions after your site has been completed (does not include new content), one (1) domain name included for the first year, and no updates. Updates can be purchased separately or may be included with your web hosting plan.
- Business Website Design includes one (1) design template, up to fifteen (15) web pages, ten (10) minor revisions after your site has been completed (does not include new content), one (1) domain name included for the first year, and five (5) included updates in the first year. Additional updates can be purchased separately or may be included with your web hosting plan.
eCommerce Web Store Design Packages:
Purchase of an eCommerce web store design includes the design of an eCommerce web store using the specifics outlined in your chosen plan, and as described below:
- Starter eCommerce Web Store Design includes one (1) design template, basic setup of your first ten (25) products in up to three (3) categories, up to three (3) web pages, one (1) revision after your store is completed (does not include new content), and no store updates. Additional updates can be purchased separately or may be included with your web hosting plan.
- Basic eCommerce Web Store Design includes one (1) design template, basic setup of your first twenty-five (10) products in up to two (2) categories, up to four (4) web pages, one (1) revision after your store is completed (does not include new content), and no store updates. Additional updates can be purchased separately or may be included with your web hosting plan.
- Standard eCommerce Web Store Design includes one (1) design template, basic setup of your first fifty (50) products in up to five (5) categories, up to five (5) web pages, two (2) revisions after your store is completed (does not include new content), and no store updates. Additional updates can be purchased separately or may be included with your web hosting plan.
You are responsible for providing all product descriptions, images, prices and other product information, and for confirming this information before approving your web store for publication. Excluding the initial design and basic setup included in your plan, you are responsible for providing information for all other content configuration, including configuration of tax collection methods, shipping methods, and payment methods. Configuration of these may cost you an additional fee by Mitno.
Web Hosting Plans:
If you purchase web hosting, your site is placed within one or more servers and resources are shared between many customers on the same servers. Your site is given a unique DNS address. Web Hosting Plans are billed monthly, but you can choose to subscribe annually. Purchase of web hosting plans include the specifics outlined in your chosen plan, and as described below:
- Bronze Web Hosting Plan includes server resources of one (1) gigabyte of storage space, ten (10) gigabytes of monthly bandwidth, and up to one (1) configurable FTP (File Transfer Protocol) account. Additional resources may be purchased separately as hosting plan add-ons, or you may upgrade to a higher tier web hosting plan.
- Silver Web Hosting Plan includes server resources of five (5) gigabytes of storage space, twenty (20) gigabytes of monthly bandwidth, up to three (3) configurable FTP (File Transfer Protocol) accounts, and up to two (2) configurable email accounts. Additional resources may be purchased separately as hosting plan add-ons, or you may upgrade to a higher tier web hosting plan.
- Gold Web Hosting Plan includes server resources of ten (10) gigabytes of storage space, unlimited monthly bandwidth, up to five (5) configurable FTP (File Transfer Protocol) accounts, up to five (5) configurable email accounts, up to five (5) configurable sub-domains, and up to five (5) configurable databases. Additional resources may be purchased separately as hosting plan add-ons.
You are responsible for configuring the configurable features included in your selected web hosting plan. Configurations of such features can be setup for you at an additional cost.
Basic Managed Web Hosting:
If you purchase basic managed web hosting, your plan includes up to one (1) minor content update per month. As with all Mitno web hosting plans, your site is placed within one or more servers and resources are shared between many customers on the same servers. Your site is given a unique DNS address. Managed web hosting updates do not roll-over and expire at the end of each month if you do not request to use the update.
3. YOUR OBLIGATIONS
Reasonable Requests: You agree that all of your requests will be reasonable in nature and within the scope of the Services purchased.
Obligation to Maintain Subscription: All Services, including any free products or services included in your plan, must be associated with a specific website or eCommerce web store at the time of purchase and are not transferable to other accounts, websites or eCommerce web stores thereafter. Failure to maintain your account in good standing will result in termination of any outstanding or pending Services, including any free products or services included in your plan, without refund or credit. Recurring billing for your Services will begin on the first of the month following the purchase date and will continue to recur on the first of each month thereafter.
Provision and Timing of Design Services: After your initial purchase of a Website or eCommerce Web Store Design plan, you will be required to (1) complete an online interview form, and (2) submit a content request form through Mitno. Upon approval of all of your content, we will begin building and developing your Website or eCommerce Web Store.
Submission of Content: You are responsible for submitting all text content, images, and any other content for your Design, unless you approved content provided by the design and development team. You agree to respond to any content request, feedback, or approval within seven (7) business days. All content requires being submitted electronically and provided materials will not be returned. Estimated completion date may be extended for technical difficulties arising during content uploading. We may require you to re-submit images if we determine that images are not of high enough quality. If you do not submit the content within ten (10) business days, site development will begin and you will only be charge for adding additional content. We do not claim any liability or responsibility for loss, damage, or destruction of any content you submit.
Automatic Publication: Within seven (7) days of receiving notice that your Website or eCommerce Web Store is ready for review, you must either (1) provide us with desired revisions, or (2) confirm request for no revisions. If you fail to take either action within seven (7) days, your Website or eCommerce Web Store will be published to the internet on your behalf without further review.
Purchased Updates and Included Update Plans: It is your responsibility to notify our developers of site maintenance or updates through support tickets. Once we receive your request and all necessary materials or content through our support ticketing system, we will complete the requested update and apply them to your site without further review. Included update plans do not carry over update credits to the next month if you do not use an update for any given month.
Completion of Service: Publication of your website is acknowledgement of your satisfaction with the services provided and releases us from any obligation for further revisions or modifications at that time or until the next update is purchased. You also acknowledge and agree that after your website design is published, you will not be entitled to any credits or refunds for any reason including, but not limited to, dissatisfaction with your design or content.
Managed Update Plan Downgrade: Your subscription may have an included updates and maintenance plan. Once you have maintained your services subscription for a full twelve (12) months, you may contact us to downgrade to a plan that does not include any monthly updates. If you downgrade your plan, you may (1) maintain your site design yourself using control panel, or (2) purchase individual site updates and/or upgrades. Once downgraded, returning to a plan that includes monthly maintenance and updates will require you to commit to a plan no less than six (6) months in duration.
Privacy: We may provide website developers admin access, to subcontract work on behalf of our customers, to various unidentified third-party service providers.
Our Right to Terminate Your Service: You understand and agree that Mitno has the exclusive right and power, in its sole discretion and without any liability to you whatsoever, to terminate your service if:
- You fail to complete our interview form or submit a content request for your initial website design within sixty (60) days of purchasing your plan. If we have not started any development on your website design at the time of cancellation, you may be eligible for a partial refund of the fees associated with the remaining time left on your plan.
- You fail to provide any additional requested content, feedback or approval within thirty (30) days of our request. If we have begun development on your website design, you may be eligible for a partial refund of the fees associated with the remaining time on your plan, but you will be charged for the work completed to date, plus a cancellation fee at the rates described in section 8 (Refund Terms) of this agreement.
Content: It is your responsibility to ensure that any and all content provided to us to implement the services on your behalf does not infringe or violate the intellectual property rights (including, but not limited to, trademarks, trade names, copyrights, patents, domain registration rights, trade secrets) or any other right of any third party (including, but not limited to, rights of privacy and contractual rights), and/or to ensure that you have acquired any authorization(s) necessary to use intellectual property (including, but not limited to, copyrights and trademarks) or other information owned by third parties included in the submitted content. We shall have no liability and you agree to defend and compensate us against any claim that any content provided by you infringes or violates any rights of third parties, including, without limitation, rights of publicity, rights of privacy, patents, copyrights, trademarks, trade secrets, and/or licenses.
4. LIMITATIONS
Reasonable Expectations: We strive for our services to exceed your expectations, but we do not guarantee that your expectations will be met if requests are unreasonable to be completed within the scope of the service.
Delays by You: Completion of services depends upon your timely approval and communication during our development process. We are not responsible for any time or fees/expenses caused by delays due to your lack of untimely responses. This includes your failure to begin the development and design process.
Limits on Content: We reserve the right to refuse to develop a website design that contains pornograph material, exploits children, or contains other vulgar content. This also includes copyrighted or trademarked materials, infringement of intellectual property rights, or other illegal activities. At our discretion, we may also refuse service for any other reasons that we decide.
No Obligation for Back-Ups: We are not obligated to, but have the right to backup or archive your designed website prior to delivery and/or at the time of service cancellation.
Design Services Limitations: The following services can be purchased separately, but are not included in any of our initial website design plans: (1) Any revisions more than the number included in your selected website design plan; (2) photo editing services, such as background removal, quality enhancements, resizing, and color/brightness/contrast matching. (3) Additional web pages, website features, and eCommerce categories/products.
Website Hosting Platform: Websites and eCommerce web stores designed by our developers are built on and connected with our hosting system. Any attempt to migrate or transfer any such website or eCommerce web store to a different web hosting provider is a violation of this Agreement.
Web Hosting Service Termination: You recognize and agree that upon expiration or termination of your web hosting services, you must discontinue use of the services and you are no longer permitted to use the IP addresses and server names assigned to you in relation to the service(s). This includes pointing your DNS records associated with your domain name(s) away from our servers. Before termination of service, it is your responsibility to move your website and/or content off of our servers. We will not transfer your website or content to another hosting provider. All content will be deleted and we will not provide a copy of any deleted content if you fail to move your website and/or content from our servers prior to service cancellation.
No Endorsement: We do not endorse any of the website designs created using the services, and disclaim all liability or responsibility regarding so.
Account Security: You are solely responsible for maintaining the security of your account and are responsible for the activity that occurs on your account, whether you authorized it or not. You must keep your account passwords and information secure. We are not responsible or liable for any unauthorized access or use of your account.
Managed Website: We disclaim any responsibility for liability due to hacking of any websites.
Plug-ins/Add-ons: We are not responsible for the maintenance on any WordPress third-party add-ons or plug-ins added to your website during or after initial development.
Hosting Outage: We are not responsible for website outages arising from Content Management Systems, including WordPress hosting.
5. GENERAL RULES OF CONDUCT AND RESTRICTIONS
Websites: You acknowledge and agree that you shall not use our services in a manner determined by us in our absolute discretion:
- To advertise or display any X-rated or otherwise tasteless content materials. This includes images, services, and products.
- That uses sexually explicit or adult-themed keywords or images content descriptions or listings.
eCommerce Web Stores: You are responsible for ensuring that any product for sale in your eCommerce web store is in compliance with all laws and regulations where your items can be purchased. We reserve the right to determine whether the sale of any particular item is prohibited, and to ban the sale of any prohibited item(s) and/or cancel your eCommerce web store service.
6. SEO SERVICES
SEO services require a minimum of a 3-month commitment, billed monthly. You are expected to stay at the agreed upon price for three (3) months. Early cancellation will not refund any part of the past payments or of the 3-month commitment. When canceled, you become responsible for maintaining any and all of the onsite or offsite optimizations previously done by our SEO services.
7. OWNERSHIP OF CONTENT AND DESIGNS
Upon submitting (to us), the content for your website design, you grant us an unrestricted license (1) to use the content for the purpose of developing your website design. (2) to display screenshots of your website design online, in promotional materials, or in any other manner we desire.
Other than content you provided, website designs created for you, by us, belong to us. All website designs and copies are subject to copyright and other intellectual property laws of the United States and foreign countries. We grant you an unrestricted license to use the website design created for you as long as your services subscription remains in good standing and active. Cancellation of your services subscription terminates your license to use the website design created for you.
You agree to prevent unauthorized copying of your website design. Unless specifically provided in this agreement, no right or license under any copyright or other intellectual property right or license is granted by this agreement. We reserve all rights not expressed within this agreement.
8. REFUND TERMS
Products purchased from Mitno Technology, LLC may be refunded only if cancelled within the following timeframe:
Annual Plans - Within 30 days of the date of the transaction
Monthly Plans* - Within 48 hours of the date of the transaction.
*Monthly Plans include all plans with less than a 1-year term
Website Design Services:
Website design services: 30% setup fee refundable when site development in progress. 50% setup fee refundable when site development has not been started. Non-refundable once site complete.
eCommerce web store services: 30% setup fee refundable when site development in progress. 50% setup fee refundable when site development has not been started. Non-refundable once site complete.
Products and Services with Free Domain:
If any purchased product or service includes a free domain name and you cancel the purchased product or service, the current domain price listed on Mitno.com will be deducted from the refund amount.
SEO Services:
As stated in section 6 of this agreement, SEO services requires you to commit to a plan for a minimum of three (3) months. Due to the nature of the service, we do not refund SEO services. You may cancel your SEO service plan at anytime, but you are required to pay for a minimum of 3 months. Upon SEO services cancellation and the required 3 month minimum commitment, you will not be charged for at the time of the next billing cycle. ALL billing is due on or before the first of every month.
Domain Name Services:
Mitno is an authorized Domain Registrar Affiliate. At this time, we do not offer any refund on any domain name registration, transfer, or renewal. This includes but is not limited to the accidental registration of a misspelled, accidental, and/or no longer wanted domain names.
The Internet Corporation for Assigned Names and Numbers (ICANN) requires registration for all domain name extensions to be a minimum of one (1) year. It is your responsibility to spell check and manage cancellations/non-renewal of your domain names. By default, we automatically set domain names to automatically renew (for one (1) year as ICANN requires) to avoid unprecedented service interruptions. You may turn off auto-renewal at anytime through your Mitno billing account.
PRODUCTS AND SERVICES NOT ELIGIBLE FOR A REFUND
- Domain Names
- Configurable Add-on features
- SSL Certificates
