By clicking the "Register" button you confirm that you have read and understood the following terms and conditions:
Throughout these Terms and Conditions where we refer to 'user', 'you', 'your' or 'Subscriber' we mean each registered subscriber to the service. Where we refer to the 'User Website', we mean the Website created for you by Mungles and whose pages are designed and populated by the Subscriber.
1. GENERAL
1.1 As a user of Mungles Services, you must agree to comply with Mungles's Terms and Conditions. Please read these Terms and Conditions carefully before you start to use the Mungles Services. By using Mungles Services and by registering, you accept these Terms and Conditions and you agree to be bound by them. If you do not agree to these Terms and Conditions, please do not use Mungles Services.
1.2 Mungles reserves the right to modify its Terms and Conditions, including adding or deleting parts therein, at any time. Where possible, prior notice shall be given of any such change. The Terms and Conditions, as written here, supersede any prior agreement with Mungles, however made.
1.3 Complaints about a Mungles customer's violation of the Terms and Conditions should be sent to abuse@mungles.com
2. SUBSCRIPTION SERVICE
2.1. Mungles will provide each user with Website hosting and access to Website/Web page design and management tools.
2.2. Support is via help pages, and email/online contact-form. Telephone support and training are not provided. Any additional support agreed will be subject to additional terms and charges.
2.3. Access to some parts of the Mungles site and the User Website are password protected and restricted to users who have registered with us. You must treat your user identification code, password or any other piece of information used as part of our security procedures as confidential, and you must not disclose them to any third party. We have the right to disable any user identification or password, whether chosen by you or allocated by us, at any time, if in our opinion you have breached these terms of use, or if required to do so by a legal or regulatory authority.
2.4. As a registered member, you are responsible for ensuring that Mungles has current and up to date details relating to your registered account, and that Mungles holds a valid and up-to-date email address to allow emails and notifications to be delivered to your inbox.
2.5. Mungles shall not be liable for any loss, damage, cost or expense suffered by you as a result of any unauthorised use of your user identification code or password, or for any unauthorised access to any password protected part of the Mungles or User Website, or any other unauthorised access to your content held by Mungles.
2.6 Mungles will take all reasonable steps to ensure that the content you create in or upload to the User Website is available on the internet. However, due to the nature of the internet, Mungles cannot guarantee availability at all times. Mungles will not be liable if for any reason the User Website is unavailable at any time.
2.7. Mungles may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Mungles's services. Certain changes to Mungles's services may affect the operation of the User Website applications and content. Each customer is solely responsible, and Mungles is not liable, for any and all such personalized applications and content, except as expressly agreed to by Mungles.
3. TERMS OF SUBSCRIPTION
3.1. Upon registration, you can trial the system free of charge and decide whether it is suitable for your needs without commencing a subscription. The trial is fully functional with some limitations on the amount of work you can do. We do not offer a free trial of the subscription service.
3.2. Upon receiving your Subscription application, Mungles will endeavour to provide you with access to the service described in Section 2 as soon as practically possible. Mungles shall inform you of any delays to the completion of your domain setup as soon as reasonably practicable and shall provide you with the possibility of a full refund of any subscription fees already paid by you in relation to the said domain where it is unable to setup the domain within a period of seven days from placement of the order.
3.3. On completion of the domain setup, Mungles will provide the user with access to the service described in Section 2. We may, at our discretion, add to, amend or withdraw this service or part thereof.
3.4. Once domain setup has occurred, all fees are non-refundable, in whole or in part.
3.5. We reserve the right to impose additional Terms and Conditions in respect of existing and new subscriptions. Any additional Terms and Conditions will be posted on the Mungles Website.
3.6. Each registered user can design and populate one website per subscription, but may hold as many subscriptions as they require. A subscription is for use only by the registered user and is non-transferable.
3.7. All charges are shown in USD. In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan's Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your service before service renewal, please refer to clause 3.9 below.
3.8. Mungles reserves the right to cancel an account, at any time, without notice, for any reason Mungles considers appropriate. Specifically, Mungles can cancel your subscription if it deems that you are in violation of the Terms and Conditions herein or if your conduct is deemed harmful to other users, Mungles employees, the business of Mungles, or other third-party contributors. In such circumstances, Mungles reserves the right to delete any and all information, and web pages in the User Website at any time. If we cancel your subscription we will not refund any payments. However if we believe the grounds for cancelling your subscription are not your responsibility we may at our sole discretion refund an amount we consider a reasonable part of the price paid for the subscription.
3.9. Service will automatically renew until cancelled. In order to cancel service, you should contact Mungles using the Admin Panel Support Form at least fourteen days in advance of the end of the current Billing Cycle. A Mungles representative will assist you with the cancellation process. Please be aware that there are no pro-rated refunds upon cancellation. Mungles will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact Mungles as soon as possible. Cancellation of service does not relieve the customer from paying any outstanding balance owed on the account.
4. WEBSITE CONTENT
4.1. The legal owner of the domain name and content of a User Website will be the individual Subscriber.
4.2. The hosting of a User Website cannot be transferred to an alternative server or hosting service under any circumstances.
4.3. Mungles hosting and the User Website must be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. You undertake and warrant that you have the consent of every person featured in the User Website content to allow use of their image, likeness, name, voice (and all other related personal rights).
4.4. The use of Mungles's services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Mungles is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
4.5. Mungles shall be entitled to remove or take down any content which it believes is in breach of these terms at any time.
4.6. Mungles shall not be liable for any third party infringement of the intellectual property rights in your User Website content. Mungles will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user to your User Website.
4.7. Mungles reserves the right to inspect all User Website pages for material which, at the sole discretion of Mungles is considered to be objectionable, offensive or in any way undesirable, and remove any page from the User Website at any time without notice.
5. PRIVACY
5.1. Generally, the Internet is neither more nor less secure than other means of communication and Internet communications can be intercepted and otherwise compromised. Therefore, Mungles urges that you assume that all your online communications are insecure. Mungles cannot take any responsibility for the security of information transmitted over Mungles's facilities.
5.2. The User Website is placed in a publically accessible location – such is the nature of the Internet. Therefore, you should not use the User Website to store information of a personal or sensitive nature. Mungles cannot take any responsibility for the security of any information stored in the User Website directories.
5.3. We will keep confidential any personal information we hold about you which is not supplied for inclusion on your User Website. We will not release your name or other personal information unless you give us your permission; we are required to do so by law or any other competent authority; or we are required to do so in the course of our administration of the Site.
5.4. Information that we exchange with you such as email and passwords relies on the security of the Internet. For this reason we recommend that you change your passwords frequently.
6. LIABILITY
6.1. The Mungles service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Mungles expressly disclaims any representation or warranty that the Mungles service will be error-free, secure or uninterrupted. No oral advice or written information given by Mungles, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Mungles and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
6.2 You hereby indemnify (and shall keep indemnified) and hold harmless Mungles, its directors, employees, agents and representatives against any claim, loss, expense, liability or damages suffered by Mungles resulting from the use of your content or your breach of these terms and conditions.
6.3 The material displayed on the Mungles site is provided without any guarantees, conditions or warranties as to its accuracy.
6.4. Mungles customers agree to protect, defend, hold harmless, and indemnify Mungles, any third party entity related to Mungles (including, without limitation, third party vendors), and Mungles 's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as Mungles, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer's use of Mungles 's services.
6.5. To the maximum extent permitted by applicable law, in no event, and under no theory of law or equity, will Mungles (including, without limitation, Mungles's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, co-subsidiaries with the same parent company as Mungles, affiliates, third-party providers, merchants, licensors, or the like) or anyone else involved in creating, producing, or distributing Mungles 's services, be liable for the loss of a domain name, or any business or personal loss, revenues decrease, expense increase, costs of substitute products and/or Mungles services, or any other loss or damage whatsoever, or for any consequential, special, incidental, punitive or indirect damages of any kind arising out of any use of, or any inability to use, any Mungles services even if Mungles has been advised of the possibility of such damages. Mungles's total cumulative liability, if any, to the Subscriber, or any third party, for any and all damages, related to these terms or Mungles 's services, including, without limitation, those from any negligence, any act or omission by Mungles or Mungles's representatives, or under any other theory of law or equity, will be limited to, and will not exceed, the actual amount paid by the customer for the services which gave rise to such damages, losses and causes of actions during the 3-month period prior to the date the damage or loss occurred or the cause of action arose.
6.6. Any mention of non-Mungles products by Mungles, its employees, or any third party entity related to Mungles is for information purposes only and does not constitute an endorsement or recommendation by Mungles. Mungles disclaims any and all liabilities for any representation or warranty made by the vendors of such non- Mungles products or services. Where the Mungles Website contains links to other sites and resources provided by third parties, these links are provided for your information only. Mungles has no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.
7. INTELLECTUAL PROPERTY
Customers will not, without Mungles's express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on Mungles's Website, and customers will not use any of Mungles's trademarks, service marks, copyrighted materials, or other intellectual property without Mungles's express written consent. Customers will not, in any way, misrepresent their relationship with Mungles, attempt to pass themselves off as Mungles, or claim that customers are Mungles.
8. ACTIONS TAKEN BY MUNGLES
The failure by a customer to meet or follow any of the terms herein is grounds for account deactivation. Mungles will be the sole arbiter as to what constitutes a violation of these terms. Mungles reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When Mungles becomes aware of an alleged violation of its terms, Mungles will initiate an investigation. During the investigation, Mungles may restrict a customer's access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Mungles may, at its sole discretion, restrict, suspend, or terminate a customer's User Website hosting and Subscription account and/or pursue other civil remedies. If such violation is a criminal offense, Mungles will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of these terms if it is illegal, irresponsible, or constitutes disruptive use of the Internet. Mungles does not issue credits for downtime incurred through service disablement resulting from violations of these terms. Violators of the policy are responsible, without limitations, for the cost of labour to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Mungles.
9. WAIVER AND AMENDMENT
Any waiver, modification, or amendment of any provision of these terms or other agreement for Mungles services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of Mungles.
10. JURISDICTION AND GOVERNING LAW
These terms and conditions are governed by English Law and any disputes arising in relation to these terms and condition shall be subject to the non-exclusive jurisdiction of the English courts.