1. These TERMS apply to any and all websites serviced and/or designed and/or hosted and/or any other service or services performed by and/or product or products produced by MEGMIND®, Inc. (may also be referred to as megmind, megmind.com, MEGMIND, MEGMIND®, MEGMIND® Web Services) or any of MEGMIND®, Inc.'s subsidiaries (dba's).
2. Web page appearances and performance will vary from computer to computer due to different operating systems, browsers used, browser settings, Internet connections, Internet Service Providers, monitor manufacturers, monitor settings, and other variables.
3. The CUSTOMER, as well as others, must realize that some technical limitations may prevent the final web pages or any website content from exactly or closely emulating any provided or compared or other printed materials.
4. CUSTOMER must supply all website content or product or service produced by MEGMIND®, Inc. for CUSTOMER (to include text, wording, photos and images). All content must be e-mailed to content@megmind.com or supplied on acceptable storage mediums and delivered in person or physically mailed to MEGMIND®, Inc. at our address as stated on the www.megmind.com/contactus.htm webpage. Acceptable storage mediums are 1.44 floppy disks, 100 or 250 MB Zip disks, CD-ROM, or DVD. Items will not be returned to CUSTOMER. If CUSTOMER fails to supply all the content for CUSTOMERS website or product or service produced by MEGMIND®, Inc. for CUSTOMER, MEGMIND®, Inc. may obtain the needed content, information or any other action required to complete the project or service and CUSTOMER agrees to pay MEGMIND®, Inc. at the current hourly service rate (the current hourly service rate can be viewed at www.megmind.com/services.htm) to complete CUSTOMERS project or service.
5. Text content provided by CUSTOMER is required to be submitted to MEGMIND®, Inc. in written format in either a Microsoft WORD document or an e-mail or other MEGMIND®, Inc. acceptable “cut and paste” feature.
6. MEGMIND®, Inc. reserves the right to deny the use of any text, images, links, or any other information on the CUSTOMER’S website or product or service produced by MEGMIND®, Inc. for CUSTOMER without reason or cause.
7. MEGMIND®, Inc. reserves the right to include any reference, text, images, links or any and all other information on CUSTOMERS website or product or service produced by MEGMIND®, Inc. for CUSTOMER regarding MEGMIND®, Inc. and/or MEGMIND® Web Services or any of MEGMIND®, Inc.’s affiliated companies/alliances or websites.
8. For all MEGMIND® Service Hours, time increments will accrue, and be deducted, at a minimum of 30 (thirty) minute blocks. MEGMIND® will be the sole entity to determine and track actual project time used.
9. If CUSTOMER is enrolled in a MEGMIND® one year Basic Website Hosting (Basic) plan or a MEGMIND® one year Intermediate Website Hosting (Intermediate) plan or a MEGMIND® one year Advanced Website Hosting (Advanced) plan CUSTOMER will receive 12 months of hosting and two free service hours. The two service hours per each Basic or Intermediate or Advanced hosting plans is the maximum of two hours that is included in CUSTOMERS hosting service at no charge. All activities associated with CUSTOMERS hosted website will be deducted from CUSTOMERS two hours of free service. These activities include, but not limited to any and all CUSTOMER contact, all communication regarding CUSTOMERS website or related activities, domain name management, web server and e-mail set up and updates, website content updates, HTML or other computer programming, and graphic work. Should CUSTOMERS allotted two free service hours not be fully utilized over the 12 month period there will be no credit or carry-over for unused time at the end of CUSTOMERS 12 month hosting period. CUSTOMER may have MEGMIND® complete work on CUSTOMERS website after the use of CUSTOMERS two free service hours but CUSTOMER will be charged the current hourly service rate (the current hourly service rate can be viewed at www.megmind.com/services.htm).
10. If CUSTOMER is enrolled in a MEGMIND® in a Simple Website Design & Hosting Plan CUSTOMER will receive 12 months of hosting and three free service hours. The three service hours are the maximum number of hours that is included in CUSTOMERS Simple Website Design & Hosting Plan at no charge. All activities associated with CUSTOMERS Simple Website Design & Hosting Plan will be deducted from CUSTOMERS three hours of free service. These activities include, but not limited to any and all CUSTOMER contact, all communication regarding CUSTOMERS website or related activities, domain name management, web server and e-mail set up and updates, website content updates, HTML or other computer programming, and graphic work. Should CUSTOMERS allotted three free service hours not be fully utilized over the 12 month period there will be no credit or carry-over for unused time at the end of CUSTOMERS 12 month period. CUSTOMER may have MEGMIND® complete work on CUSTOMERS website after the use of CUSTOMERS three free service hours but CUSTOMER will be charged the current hourly service rate (the current hourly service rate can be viewed at www.megmind.com/services.htm). MEGMIND®, Inc. will include one domain name registration per TERMS as stated in this AGREEMENT.
11. If MEGMIND®, Inc. is retained to act on the behalf of CUSTOMER to set up and/or implement a web based 2CheckOut.com or Miva Merchant shopping cart, CUSTOMER agrees to all terms and/or restrictions and/or conditions with 2CheckOut.com in the case of a 2CheckOut.com based shopping cart or agrees to all terms and/or restrictions and/or conditions with Miva Merchant, Authorize.Net and Wells Fargo Merchant Services in the case of a in the case of a Miva Merchant based shopping cart. Evidence of MEGMIND®, Inc. “acting on behalf” of the CUSTOMER in the case of 2CheckOut.com or Miva Merchant is the act of the CUSTOMER paying the 2CheckOut.com or Miva Merchant set up fee to MEGMIND®, Inc.
12. For all websites hosted by MEGMIND®, Inc., if excessive bandwidth usage and/or excessive website downloads usage as determined by MEGMIND®, Inc. occurs (i.e. excessive website traffic due to a large volume of visitors and/or server demand) the CUSTOMER agrees to pay additional fees as determined by MEGMIND®, Inc.
13. For all websites hosted by MEGMIND®, Inc., periodically website and/or website e-mail service will not be viewable, operational or function due to required and ongoing web server maintenance. MEGMIND®, Inc. is not responsible for lost revenue, traffic, e-mail service or data caused by server down time or failure, domain name transfers, or any other mechanical or human error.
14. Website hosting and/or any other services and/or and website functions may be provided by third parties (parties other than MEGMIND®, Inc.) and CUSTOMER agrees to all their terms and/or restrictions and/or conditions and to pay all possible increases in fees and/or any other charges for all third party vendor provided services. With all third party vendors used with, or in association with, the CUSTOMERS website and/or other service provided by MEGMIND®, Inc. to CUSTOMER or CUSTOMERS website or service, it is the CUSTOMERS responsibility to contact MEGMIND®, Inc. by e-mail at vendorinfo@megmind.com or fax at (702) 974-3434 for a list of all third party vendors used with, or in association with, the CUSTOMERS website and/or other service provided by MEGMIND®, Inc. Additionally, it is the CUSTOMERS responsibility to be informed, aware and consent with all third party vendors’ terms and/or restrictions and/or conditions. If CUSTOMER does not agree to all third party vendors’ terms and/or restrictions and/or conditions it is the responsibility of the CUSTOMER to notify MEGMIND®, Inc. by e-mail at vendorterms@megmind.com or fax at (702) 974-3434 that CUSTOMER does not agree to all terms and conditions offered by the identified third party vendor.
15. All domain names registered by MEGMIND®, Inc. (and/or MEGMIND® Web Services or MEGMIND®, Inc.’s subsidiaries) are the sole property of MEGMIND®, Inc. Additionally, CUSTOMER’S agrees that CUSTOMER has no ownership, no claim, no rights and no use privileges or any other privileges to any domain name registered by MEGMIND®, Inc. and/or MEGMIND® Web Services or MEGMIND®, Inc.’s subsidiaries.
16. If MEGMIND®, Inc. includes a domain name registration that will have to be stated in writing by MEGMIND®, Inc. That domain name will have to be one ".com”, or one “.net “or one “.org" domain name for one year, subject to MEGMIND®, Inc. approval, must be registered by MEGMIND®, Inc. or any of MEGMIND®, Inc.’s subsidiaries under the name of MEGMIND®, Inc. and/or MEGMIND® Web Services or MEGMIND®, Inc.’s subsidiaries. All domain names included are the sole property of MEGMIND®, Inc. and subject to the same TERMS as stated in the AGREEMENT. If the CUSTOMER has already registered a domain name and if that domain name is to be used for the web address of the MEGMIND®, Inc. hosted website, the CUSTOMER will not receive any discount or credit toward any MEGMIND®, Inc. provided service, and MEGMIND®, Inc. and/or MEGMIND® Web Services (to include the correct MEGMIND®, Inc. contact information) must be registered by the CUSTOMER, at a minimum, as the technical contact and administrative contact for the CUSTOMER supplied domain address.
17. MEGMIND®, Inc. will notify the CUSTOMER by telephone and/or fax and/or e-mail and/or mail delivery service that a payment/s is/are due. CUSTOMER has 14 calendar days from the date of payment notification from MEGMIND®, Inc., for MEGMIND®, Inc. to receive full payment on the outstanding balance. All services or services performed by MEGMIND®, Inc. or services performed by a third party on MEGMIND®, Inc.’s behalf will be revoked and/or withdrawn and/or disabled and/or cease to operate (i.e. CUSTOMERS website not available on the World Wide Web, CUSTOMERS e-mail services disabled) and CUSTOMER agrees that MEGMIND®, Inc. can use any method of communication, to include, the World Wide Web (i.e. post on a Internet website), an e-mail campaign (e-mails sent to any e-mail addressee or entity), public demonstrations or any other legal means to publicly or privately communicate information about the CUSTOMERS outstanding MEGMIND®, Inc.’s balance. CUSTOMER agrees that MEGMIND®, Inc. can communicate under the same TERMS as stated in this paragraph and any other section of this AGREEMENT, any and all other CUSTOMER’S account information. If any payment(s) has not been successful processed (funds deposited and available in MEGMIND®’s banking account) from 16 calendar days from date of payment notification. CUSTOMER will have to pay MEGMIND®, Inc., at the current hourly service rate (the current hourly service rate can be viewed at www.megmind.com/services.htm), three hours of service or the actual total amount of hours accumulated to disable service(s), enable service(s), and any time spend on any activity related to resolving the outstanding balance, which ever is greater. Payment for these disable, enable and other related service hours must be successful processed (funds deposited and available in MEGMIND®’s banking account) before service(s) are restored. CUSTOMER agrees to hold harmless MEGMIND®, Inc. and any individual(s) and/or organizations associated with the development, design, hosting, and/or management of the CUSTOMER’S website and/or products or services produced by MEGMIND®, Inc. for CUSTOMER, for any ramifications due to the revoking and/or withdraw and/or disabling and/or the ceasing to operate CUSTOMER’S service services performed by MEGMIND®, Inc. or services performed by a third party on MEGMIND®, Inc.’s behalf and any public or private communication method(s) and information exchange related to a CUSTOMERS outstanding balance or any CUSTOMER’S account information.
18. MEGMIND®, Inc. accepts payment by check and reserves the right to withdraw that privilege at any time to anyone. The entity receiving the services or services performed by MEGMIND®, Inc. is responsible for repayment if the check is returned to MEGMIND®, Inc. unpaid and/or non cleared and/or unable to process by MEGMIND®, Inc.’s banking institution for any reason. A thirty five dollar ($35.00) returned check charge plus the amount of the non cleared check will have to be paid and processed in full before MEGMIND®, Inc. will restore any benefits that the CUSTOMER received. Stop payments are considered returned checks and are subject to all the terms, conditions, actions, ramifications and penalties as stated in this AGREEMENT.
19. If the CUSTOMER requires additional work beyond the initial project scope, additional fees will be required to continue and/or complete the service or project.
20. MEGMIND®, Inc. reserves the right to change fees at any time.
21. The CUSTOMER agrees that all of the CUSTOMER’S website content or product or service produced by MEGMIND®, Inc. for CUSTOMER, is accurate, honest and correct and all associated claims and/or products and/or services are substantiated and/or delivered to their customers in a timely manner.
22. The CUSTOMER must notify MEGMIND®, Inc. by e-mail at corrections@megmind.com and/or fax at (702) 974-3434 of any inaccuracies in website content or product or service produced by MEGMIND®, Inc. for CUSTOMER and must identify the inaccuracies and the changes or modifications required. If content modification is not due to a MEGMIND®, Inc. error, CUSTOMER will be required to pay MEGMIND®, Inc., at the current hourly service rate (the current hourly service rate can be viewed at www.megmind.com/services.htm) for the content changes.
23. The CUSTOMER agrees that it is the CUSTOMER’S responsibility to determine if the CUSTOMER’S website content or product or service produced by MEGMIND®, Inc. for CUSTOMER should be copyrighted, trademarked or protected in any other way. Additionally, it is the CUSTOMER’S responsibility to copyright, trademark protected in any other way any and all of CUSTOMER’S website content or product or service produced by MEGMIND®, Inc. for CUSTOMER.
24. MEGMIND®, Inc. shall not be liable for any intellectual property violations, including but not limited to copyright infringement by CUSTOMER, CUSTOMER’S supplied content (including but not limited to text, images, and photo graphics) and CUSTOMER’S website content or product or service produced by MEGMIND®, Inc. for CUSTOMER. CUSTOMER shall indemnify MEGMIND®, Inc. for any such violations of intellectual property law.
25. MEGMIND®, Inc. reserves the right to refuse service to a prospective or current CUSTOMER at anytime without explanation. If MEGMIND®, Inc. terminates service with a CUSTOMER, CUSTOMER may receive a prorated refund of fees paid for the remaining balance based on work and serviced performed by MEGMIND®, Inc. based solely on MEGMIND®, Inc. time and resources calculation invested in the CUSTOMER’S service and/or CUSTOMER’S project. No refunds will be issued to the CUSTOMER if the CUSTOMER is in violation MEGMIND®, Inc. TERMS OR CONDITIONS.
26. Warranties And Disclaimers: The information, software, products and services contained on this website may be out of date or include omissions, inaccuracies or other errors. Except where expressly provided otherwise in an agreement between you and MEGMIND®, Inc., all information, software, products and services are provided "as is" without warranty of any kind. MEGMIND®, Inc. Hereby disclaims all warranties with respect to this information, software, products and services whether express or implied, including the implied warranties of merchantability and fitness for a particular purpose. In no event shall MEGMIND®, Inc. Be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, this website. MEGMIND®, Inc. reserves the right to make changes or updates to this website at any time without notice.
27. In the broadest possible terms the CUSTOMER agrees to hold harmless MEGMIND®, Inc. and any individual(s) and/or organizations associated with the development, design, hosting, and/or management of the CUSTOMER’S website and for any product or service produced by MEGMIND®, Inc. for CUSTOMER, for any ramifications of any incorrect or inaccurate information or content contained in CUSTOMER’S website, or product or service produced by MEGMIND®, Inc. for CUSTOMER.
28. Any dispute will be resolved by final and binding arbitration under the Court Rules of Nevada, Nevada Arbitration Rules in effect at the time the claim is filed. The Nevada Arbitration Rules are available at www.leg.state.nv.us/CourtRules/SCR_NAR.html. The arbitration agreement will be subjected to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the laws of the State of Nevada. Hearings shall be held as provided by the Court Rules of Nevada, Nevada Arbitration Rules and if any in-person hearings are required, they shall be held in Las Vegas, Nevada. The Parties will abide by any decision in the arbitration. In the event a court having jurisdiction finds any portion of this AGREEMENT unenforceable, that portion shall not be effective and the remainder of the AGREEMENT shall remain effective. This AGREEMENT shall be governed by the Laws of the State of Nevada and Clark County. Any legal action in regard to this AGREEMENT or arising out of its TERMS and CONDITIONS shall be instituted and litigated in the State of Nevada or Clark County. Each of the parties consents to one and only one jurisdiction in such Court (State or County) and agrees that service of process as provided by the statutes and rules of civil procedures of the State of Nevada and Clark County shall be sufficient.
29. By having MEGMIND®, Inc. perform any service or services you and/or your legal entity acknowledge that you have read and agreed will and must abide by all TERMS, RIGHTS AND POLICIES as listed on the MEGMIND®, Inc. Terms website page at www.megmind.com/terms.htm and MEGMIND®, Inc. Rights website page at www.megmind.com/rights.htm and MEGMIND®, Inc. Policies website page at www.megmind.com/policies.htm. Any violation of any of the MEGMIND®, Inc. TERMS, RIGHTS AND POLICIES will result in an immediate account cancellation and/or service and/or product termination without refund and/or no access to hosted files, and/or no access to any website files, or/and any no access to other services and/or products developed by MEGMIND®, Inc. for CUSTOMER. This AGREEMENT or any other MEGMIND®, Inc. AGREEMENT is not assignable or transferable without the express written consent of MEGMIND®, Inc. The MEGMIND®, Inc. TERMS, RIGHTS AND POLICIES constitutes the entire AGREEMENT between the MEGMIND®, Inc. and CUSTOMER.

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