Web Site Design Service End User License Agreement

This Web Site Design End User License Agreement ("Agreement") is by and between Mukunda Software Inc ("Mukunda Software Inc"), a/an AZ individual, and you, your heirs, assigns, agents and contractors ("You") and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Mukunda Software Inc's Web Site Design Service ("Web Site Design Service") and represents the entire Agreement between You and Mukunda Software Inc. By using Mukunda Software Inc's Web Site Design Service, You acknowledge You have read, understand and agree to be bound by all the terms and conditions of this Agreement, and the Universal Terms of Service, along with any new, different or additional terms, conditions or policies which Mukunda Software Inc may establish from time to time. Such Agreements may be found here.

In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with Mukunda Software Inc, whether or not the transactions were in Your behalf. You acknowledge Mukunda Software Inc's acceptance of any application made by You for services provided by Mukunda Software Inc will take place at Mukunda Software Inc's offices located in New Delhi & Bangalore, India.

 

1. Application and service details

The Application

Mukunda Software Inc grants You a non-exclusive license to use Web Site Design Service for the purpose of designing and publishing web sites for use on the Internet, and other such web site design purposes as are ordinary and customary. You are free to use Web Site Design Service on any computer, but the same project may not be modified on more than one (1) computer at one time. You may customize or modify the appearance of Web Site Design Service as provided and allowed by the instructions. You may not otherwise alter or modify the Application. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code. You are not authorized to combine Web Site Design Service with any other software program or application, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon Web Site Design Service other than those provided with the Application.

Unlimited Storage Plan

You agree the performance of Your web site may begin to slow at varying number of pages depending on potential physical and practical constraints, including (but not limited to): system architecture, system capacity, system load, end-user internet connectivity and end-user computer configurations. You agree Mukunda Software Inc has no control over potential physical and practical constraints You may experience at an uncertain number of pages on Your web site.


Web Site Hosting Services

You are responsible for ensuring Your web site conforms to all local, state, federal, and international laws. Further, You are responsible for securing permission to use any copyrighted, trademarked or otherwise legally protected images, text, or other web site elements that are not provided by Mukunda Software Inc. You affirmatively acknowledge Mukunda Software Inc is relying on Your representation concerning Your proper use of all content on any web site You create or control. Moving Your web site from one hosting server or provider to another is Your responsibility. Mukunda Software Inc will not transfer or FTP Your web site to another hosting provider or to another hosting account within Mukunda Software Inc.

Legal Agreements

You acknowledge You and a Mukunda Software Inc approved Hosting Provider ("Hosting Provider") have entered into a Hosting Service Agreement ("Hosting Agreement"). You agree to be bound by the agreements that govern all domain names hosted through the Hosting Provider, including the Hosting Service Agreement; this Agreement; and all policies and procedures as posted on its web site. You acknowledge and agree to be bound by the Web Site Design Service and Maintenance Agreement and the Website Update Service Agreement, which governs the maintenance and updates to Your website.

The Limitations

Web Site Design Service is not intended to assist You in engaging in unlawful or morally objectionable activities. Therefore, Mukunda Software Inc explicitly reserves the right to terminate Your license if it comes to Mukunda Software Inc's attention that You are using Web Site Design Service to participate in objectionable activities, which include, but are not limited to, the following:

- sending unsolicited email or spam;
- activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties;
- activities prohibited by the laws of the United States and/or foreign territories in which You live or access the Internet;
- activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography;
- activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable;
- activities designed to impersonate the identity of a third party; or
- activities designed to harm minors in any way


2. Mukunda Software Inc 's rights

Mukunda Software Inc retains all rights to the Application, web site templates, forms, and documentation. You are entitled to use this Application, the web templates, forms and documentation to build web sites and post them to the Internet. Web Site Design Service and any copies You are authorized to make are the intellectual property of Mukunda Software Inc. The source code and its organization are the exclusive property of Mukunda Software Inc and Web Site Design Service is protected by copyright, including United States Copyright Law. Except as expressly stated in Section 1 above, this Agreement does not grant You any rights in Web Site Design Service and all rights are reserved by Mukunda Software Inc.

Mukunda Software Inc expressly reserves the right to:
Censor any web site hosted on its servers that, in the Company's sole opinion, is deemed inappropriate;
Review every web hosting account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those accounts that exceed allowable levels;
Modify pricing through email notification;
Terminate Your license for unsolicited, commercial email or SPAM; illegal access to other computer networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and other activities whether lawful or unlawful that Mukunda Software Inc determines to be harmful to subscribers, operations, its reputation, or otherwise;
Terminate Your license if Your use of Web Site Design Service results in, or is the subject of, legal action or threatened legal action against Mukunda Software Inc or any of its affiliates or partners, regardless of whether or not such legal action or threatened legal action is eventually determined to be with or without merit
The decision to terminate Your license shall be made solely by Mukunda Software Inc, and in so doing, Mukunda Software Inc shall not be required to consider the merits of legal action or whether threatened legal action will actually come to pass.

3. Intellectual Property

- Microsoft, MS, Windows, Windows 95, Windows 98, Windows NT, and Internet Explorer are registered trademarks of Microsoft Corporation in the United States and/or other countries.
- Netscape, Netscape Communicator, and Netscape Navigator are registered trademarks of Netscape - Communications Corporation in the United States and/or other countries.
- AOL and America Online are registered trademarks of America Online, Inc in the United States and/or other countries.
- InterNIC is a registered Service Mark of the U.S. Department of Commerce.
- Network Solutions is a registered trademark of Network Solutions, Inc in the United States and/or other countries.
- Certain Images licensed from Hemerra Technologies Inc.
- Certain Images licensed from Starfield Technologies, Inc.
- Macromedia, Flash, Flash Generator and Macromedia Flash are trademarks or registered trademarks of Macromedia, Inc. in the United States and/or other countries.
- Real Audio and Real Producer are registered trademarks of RealNetworks, Inc.

 

 

Revised: 5/1/2011 mm/dd/yyyy Copyright © 2006-2011 All Rights Reserved.

 

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