Terms & Conditions
This Company Internet Web Site Agreement (the "Agreement") is between you and MobileMotion Technologies ("Company" or “MobStac”) with a principal place of business at Bangalore, India. Use of the Company Internet Web site www.mobstac.com (the "Company Web Site") signifies your agreement to the terms and conditions of use set forth below in the Agreement:
This document sets forth the Terms and Conditions Agreement ("Agreement") for acceptable use of Company Website and all other services provided by MobStac for customers. MobStac reserves the right to make changes or updates to this Agreement from time to time by posting such updates to the Agreement on the MobStac website (www.mobstac.com)
MobStac is a service that helps create mobile-optimized sites of online publisher sites (hereinafter MobStac Framework or MobStac Framework Service). It shall mean the rendering, delivery and display of content from any online publisher website to a mobile device and based on the type of mobile device such content is accessed from.
"Customer" means an individual, person, entity or an organization that uses the MobStac Framework Service to create the aforementioned mobile-optimized sites from their online content.
MobStac Customers must use the “MobStac Framework” in a lawful manner that is consistent with MobStac’s published permitted use guidelines. Without limitation, no Customer may provide access to the MobStac Framework or related services to any third party, without the express written consent of MobStac.
No responsibility for customer content
MobStac is in no way responsible for any Customer content that is delivered or stored on the MobStac Framework, nor does MobStac monitor Customer content for legality or other purposes. MobStac Customers are solely responsible for any of the content that is delivered, stored, or otherwise made available on the Internet using MobStac Framework. Customer is solely responsible for ensuring that all Customer content abides by any laws that are applicable to such content in applicable jurisdiction from which Customer uses the MobStac Framework
MobStac Framework services can only be used for legal purposes. The transmission, storage, or distribution of content that is in violation of any applicable domestic or foreign law or regulation is strictly prohibited. Furthermore, the MobStac Framework services may not be used to distribute, store, or transmit any content that is in any way fraudulent or misleading or deceptive in any manner.
MobStac prohibits the use of its network or services to store, distribute or make any other use of any material protected by trademark, copyright, patent, or other intellectual property right without proper authorization. The Company Web Site is protected by copyright as a collective work and/or compilation, pursuant to applicable copyright laws and international conventions.
Email and Spam
It is explicitly prohibited for any Customer or other party to use the MobStac Framework services for the sending of bulk unsolicited communications. It is also prohibited for any Customer or other party to use a third-party network not under the control of MobStac for the purposes of sending spam that advertise or refer recipients of the spam to any content that is stored, delivered, or otherwise made available on the MobStac Framework services. Furthermore, it is explicitly prohibited to send email messages with forged email header information or messages that otherwise indicate that MobStac was involved in the transmission of such material.
Network and System Security Violations
Network and system security violations are prohibited by MobStac and MobStac reserves the right to pursue criminal and/or civil charges and/or work in conjunction with legal authorities in relation to any such violation in any part of the world. Examples of such violations are, but not limited to, the following:
- Unauthorized access of network, data, servers, files, etc. that Customer does not have permission to access
- Any attempt to test, probe, or scan the MobStac Framework or network (or use the MobStac Mobile network or system for the purposes of such tests) in order to ascertain vulnerability, or any attempt to breach security or authentication measures without authorization
- Any usage or attempted usage of services for which Customer is not authorized to use
You hereby agree to indemnify, defend and hold Company, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the 'Indemnified Parties ') harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Company.
Reporting Agreement Violations and MobStac Remedies
It is the responsibility of Customer to immediately take action to prevent any known or suspected violations and immediately report the violation to MobStac. Should MobStac become aware of any violation as solely determined by MobStac, MobStac reserves the right to block access to any content, suspend or terminate any affected service, or take action deemed appropriate by it. MobStac will attempt to provide notice to Customer if MobStac deems it necessary to suspend or terminate a service, but MobStac reserves the right to suspend or terminate a service immediately without notice to Customer if, at its sole discretion, it determines that the violation is harming its service, network, customers, or users. MobStac will not be liable for any damages of any nature that may result from a violation of this Agreement, and Customer hereby indemnifies MobStac against any and all damages that may arise from a violation of this Agreement by Customer or Customer's Users. Complaints or reports of a violation of this Agreement must be sent to firstname.lastname@example.org.
No Resale of Service
Unless expressly authorized in writing by MobileMotion, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the MobStac Framework Service, (b) use of the MobStac Framework Service, or (c) access to the MobStac Framework Service.
This Agreement constitutes the entire agreement between Company and you with respect to your use of the Company Web Site. Any cause of action you may have with respect to your use of the Company Web Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. Company disclaims any and all responsibility for content contained in any third party materials provided through links from the Company Internet site.