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Milobox Terms of Service
By accessing or using the Milobox.com web site ("Service"), or
any services of Milobox, LLC ("Milobox Web Site Builder"), you are agreeing to be
bound by the following terms and conditions ("Terms of Service").
Milobox reserves the right to update and change the Terms of Service
from time to time without notice. Any new features that augment or enhance the current
Service, including the release of new tools and resources, shall be subject to the
Terms of Service. Continued use of the Service after any such changes shall constitute
your consent to such changes. You can review the most current version of the Terms
of Service at any time at this page.
Violation of any of the terms below will result in the termination
of your Account. While Milobox prohibits such conduct and Content on the Service,
you understand and agree that Milobox cannot be responsible for the Content posted
on the Service and you nonetheless may be exposed to such materials. You agree to
use the Service at your own risk.
- You must be 18 years or older to use this
Service.
- You must be a human. Accounts registered
by "bots" or other automated methods are not permitted and will be removed.
- You must provide your legal full name, a
valid email address, and any other information requested in order to complete the
sign-up process.
- Your login may only be used by one person
– a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security
of your account and password. Milobox cannot and will not be liable for any loss
or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted
and activity that occurs under your account (even when Content is posted by others
who have access to your account).
- You may not use the Service for any illegal
or unauthorized purpose. You must not, in the use of the Service, violate any laws
in your jurisdiction (including but not limited to copyright laws).
- Your use of the Service is at your sole risk.
The service is provided on an "as is" and "as available" basis.
- Technical support is only provided to paying
account holders and is only available via email.
- You understand that Milobox uses third party
vendors and hosting partners to provide the necessary hardware, software, networking,
storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service
or modify another website so as to falsely imply that it is associated with the
Milobox Service.
- You agree not to reproduce, duplicate, copy,
sell, resell or exploit any portion of the Service, use of the Service, or access
to the Service without the express written permission by Milobox.
- You may not make derivative or commercial
uses of the Milobox Web Site Builder to market or sell web sites, templates, or
additional services.
- We may, but have no obligation to, remove
Content and Accounts containing Content that we determine in our sole discretion
are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene
or otherwise objectionable or violates any party's intellectual property or these
Terms of Service.
- Verbal, physical, written or other abuse
(including threats of abuse or retribution) of any Milobox customer, employee, member,
or officer will result in immediate account termination.
- You understand that the technical processing
and transmission of the Service, including your Content, may be transfered unencrypted
and involve (a) transmissions over various networks; and (b) changes to conform
and adapt to technical requirements of connecting networks or devices.
- If your bandwidth usage exceeds 100 MB/month,
or significantly exceeds the average bandwidth usage (as determined solely by Milobox)
of other Milobox customers, we reserve the right to immediately disable your account
to reduce your bandwidth consumption.
- Milobox does not warrant that (i) the service
will meet your specific requirements, (ii) the service will be uninterrupted, timely,
secure, or error-free, (iii) the results that may be obtained from the use of the
service will be accurate or reliable, (iv) the quality of any products, services,
information, or other material purchased or obtained by you through the service
will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that Milobox
shall not be liable for any direct, indirect, incidental, special, consequential
or exemplary damages, including but not limited to, damages for loss of profits,
goodwill, use, data or other intangible losses (even if Milobox has been advised
of the possibility of such damages), resulting from: (i) the use or the inability
to use the service; (ii) the cost of procurement of substitute goods and services
resulting from any goods, data, information or services purchased or obtained or
messages received or transactions entered into through or from the service; (iii)
unauthorized access to or alteration of your transmissions or data; (iv) statements
or conduct of any third party on the service; (v) or any other matter relating to
the service.
- The failure of Milobox to exercise or enforce
any right or provision of the Terms of Service shall not constitute a waiver of
such right or provision. The Terms of Service constitutes the entire agreement between
you and Milobox and govern your use of the Service, superceding any prior agreements
between you and Milobox (including, but not limited to, any prior versions of the
Terms of Service).
- The look and feel of the Service and Agent
Web Site Product is Copyright©2010 Milobox, LLC. All rights reserved. You may not
duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design
elements or concepts without express written permission from Milobox.
- Questions about the Terms of Service should
be sent to
support@milobox.com
Customers may access the Milobox Web Site Builder from Milobox.com
and is bound by the terms of this agreement plus the following specific terms:
- You expressly understand and agree that Milobox
shall not be liable for any direct, indirect, incidental, special, consequential
or exemplary damages, including but not limited to, damages for loss of profits,
goodwill, use, data or other intangible losses (even if Milobox has been advised
of the possibility of such damages).
- Abuse or excessively frequent requests to
Milobox from varying IP addresses may result in the temporary or permanent suspension
of your account's access to the Milobox Web Site Builder. Milobox, in its sole discretion,
will determine abuse or excessive usage of the service. Milobox will make a reasonable
attempt via email to warn the account owner prior to suspension.
- Milobox reserves the right at any time to
modify or discontinue, temporarily or permanently, your access to the Milobox Web
Site Builder with or without notice.
You are solely responsible for any Content and other material that
you submit, publish, display or link on Milobox and your Agent Web Site. You may
not post, distribute, or reproduce in any way any copyrighted material, trademarks,
or other proprietary information without obtaining the prior written consent of
the owner of such proprietary rights. You may not submit any Content or material
that infringes, misappropriates or violates the intellectual property, publicity,
privacy or other rights of any party or is violative of any Federal, State or local
Fair Housing Laws.
You agree that by posting content on Milobox, you are granting
Milobox a royalty-free, perpetual, irrevocable license to use this information in
the course of offering the Services. You understand that Milobox does not endorse
or warrant any particular content or information available via the Milobox Web Site
Builder. Additionally, we cannot guarantee the authenticity of any data which users
may provide about themselves or the companies they represent. For specific advice
on legal, financial or real estate matters, you should always seek the advice of
a professional who is licensed and knowledgeable in that area, such as an attorney,
accountant or real estate agent or broker.
Milobox does not assert copyright or grant any rights to the underlying
images or descriptions of real estate listings that may be contained in our Agent
Web Sites and that we derive from the source Web site or information provided by
the Web site owner. Milobox uses these images and excerpted descriptions solely
as necessary to generate real estate listings as a navigational tool to direct you
to listings promoted by a real estate agent or broker. Any use of the source images
or descriptions is subject to the copyright owner's permission and/or the requirements
of applicable law.
- We claim no intellectual property rights
over the material you provide to Milobox and the Service.
- Milobox does not pre-screen Content, but
Milobox has the right in its sole discretion to refuse or remove any Content uploaded
to the Service.
- The Milobox Service provides the ability
to link to third-party Web sites and Services. These third-party sites are not under
the control of Milobox. We are providing this functionality only as a convenience,
and the inclusion of any link does not imply affiliation, endorsement, or adoption
by us of the site or any information contained therein. Milobox is not responsible
or liable for the contents of any linked site. You should make whatever investigation
you feel necessary or appropriate before proceeding with any transaction with any
of these third parties.
- When leaving this Site, you should be aware
that our terms and policies no longer govern, and, therefore, you should review
the applicable terms and policies, including privacy and data gathering practices,
of that site.
Milobox logos and service marks are registered trademarks of Milobox,
LLC. and may not be copied, imitated or used, in whole or in part, without our prior
written permission or that of Milobox. In addition, all page headers, custom graphics,
button icons, and scripts are service marks, trademarks, and/or trade dress of Milobox,
and may not be copied, imitated, or used, in whole or in part, without our prior
written permission. All other trademarks, registered trademarks, product names and
affiliated logos mentioned in the Service are the property of their respective owners.
Reference to any products, services, processes, or other information, by trade name,
trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement,
sponsorship or recommendation thereof by us.
- A valid credit card is required for paying
accounts.
- If you sign up for a Milobox Service Subscription
at initial purchase of the Service, you will be billed monthly starting on the 30th
day after your account was initially created. If you cancel prior to the processing
of your first subscription invoice on the 30th day of that month, you will not be
charged.
- An upgrade to a Milobox Service Subscription
after a one-time purchase will activate your new account status immediately.
You will be billed for your first month immediately upon upgrading.
- The Service is billed in advance on a monthly
basis and is non-refundable. There will be no refunds or credits for partial
months of service or upgrade refunds. In order to treat everyone equally,
no exceptions will be made.
- All fees are exclusive of all taxes, levies,
or duties imposed by taxing authorities, and you shall be responsible for payment
of all such taxes, levies, or duties, excluding only United States (federal or state)
taxes.
- For any upgrade or downgrade in plan level,
your credit card that you provided will automatically be charged the new rate on
your next billing cycle.
- Downgrading or Canceling your Service may
cause the loss of Content, features, or capacity of your Account. Milobox does not
accept any liability for such loss.
-
You are solely responsible for properly canceling your account. An email or phone
request to cancel your account is not considered cancellation. You can cancel your
account at any time by clicking on the Account link in the global navigation bar
at the top of the screen on Milobox.com. The Account screen provides a simple no
questions asked cancellation link.
- All of your Content will be flagged for deletion
from the Service upon cancellation. This information can not be recovered once your
account is canceled.
- If you cancel the Service before the end
of your current paid up month (30th of the sign-up month), your cancellation will
take effect immediately and you will not be charged again.
- Milobox, in its sole discretion, has the
right to suspend or terminate your account and refuse any and all current or future
use of the Service, for any reason at any time. Such termination of the Service
will result in the deactivation or deletion of your Account or your access to your
Account, and the forfeiture and relinquishment of all Content in your Account. Milobox
reserves the right to refuse service to anyone for any reason at any time.
- Milobox reserves the right at any time and
from time to time to modify or discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice.
- Prices of all Services, including but not
limited to monthly subscription plan fees to the Service, are subject to change
upon 30 days notice from us. Such notice may be provided at any time by posting
the changes to the Milobox Site, Email Notices, or the Service itself.
- Milobox shall not be liable to you or to
any third party for any modification, price change, suspension or discontinuance
of the Service.
These Terms of Service shall be governed by the laws of the State
of California without regard to its conflict of law provisions. Milobox's failure
to exercise or enforce any right or provision of the Terms of Service will not be
deemed to be a waiver of such right or provision. If any provision of these Terms
of Service is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the parties'
intentions as reflected in the provision, and the other provisions of these Terms
of Service remain in full force and effect. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out of or related to
use of the Services must be filed within one (1) year after such claim or cause
of action arose or be forever barred.
Any controversy or claim arising out of or relating to these Terms
of Service or the Services will be settled by binding arbitration in accordance
with the commercial arbitration rules of the American Arbitration Association ("AAA").
Any such controversy or claim must be arbitrated on an individual basis, and must
not be consolidated in any arbitration with any claim or controversy of any other
party. The arbitration must be conducted in San Francisco, California, and judgment
on the arbitration award may be entered into any court having jurisdiction thereof.
Either Milobox or you may seek any interim or preliminary relief from a court of
competent jurisdiction in San Francisco, California, as necessary to protect the
rights or property of you or Milobox.
Milobox complies with the provisions of the Digital Millennium
Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512).
If you believe that your work has been copied and has been posted to this Site in
a way that constitutes copyright infringement, please provide Milobox's Copyright
Compliance the following written information:
- An electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that
you claim has been infringed upon;
- A description of where the material that
you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail
address;
- A statement by you that you have a good-faith
belief that the disputed use is not authorized by the copyright owner, its agent,
or the law;
- A statement by you, made under penalty of
perjury, that the above information in your notice is accurate and that you are
the copyright owner or authorized to act on the copyright owner's behalf.
Before sending a notice to Milobox, you should confirm that you
are the copyright owner or have rights to the copyright which the DMCA requires.
Contact information for Milobox's Copyright Compliance notice of claims of copyright
infringement is provided below.
Attn: Milobox Copyright Compliance
Milobox, LLC.
2145 Franklin St. #5
San Francisco, CA 94109
USA
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