MileMark Media™Services Agreement
The following subscription agreement and MileMark Media™’s Acceptable Use and Service Guidelines govern your use of MileMark Media™ services.
By subscribing to the Custom Website Solution service, you are entitled to one Custom Website design based on a creative consultation with a MileMark Media™ Project Manager.
Domain Name Registration
Your MileMark Media™ service includes a domain name registration for one year. The MileMark Media™ domain name registration service is optional if you have already registered a domain name. Prior to the expiration of the initial year, you will be notified with renewal options and fees associated with renewal. The one year registration that is included with the Custom Website Solution service.
Starting your Subscription
In order to begin your MileMark Media™ service, you are required to review and sign either a paper or electronic version of the Website Order Form. There is a one-time design fee equal to half the Custom Website Solution Service cost to establish your account. The monthly subscription fee will start on the second month after the date on the Order Form.
Duration of Subscription
Subscriptions to the MileMark Media™ services are on a monthly continuous service basis and monthly billing will start on the second month after the date on the Website subscription form. Six month and one year and two year subscriptions terminate six months, twelve months and twenty four months from the date of subscription and may not be cancelled prior to end of the subscription period. Your subscription will automatically renew based on a 30-day billing cycle after your initial subscription period expires.
Terminating Your Subscription and Cancellation Policy
MileMark Media™ reserves the right to change this subscription agreement from time to time. Charges and payment terms may be changed in accordance with the applicable price schedule. All other provisions may be changed by MileMark Media™ immediately upon notice. Continued use of the services and materials following any change constitutes acceptance of the change.
MileMark Media™ may suspend or discontinue providing services and materials to you without notice and may pursue any remedy legally available if you fail to comply with any of your obligations hereunder.
You may terminate a subscription to the products, services and materials by providing 30 days prior notice to MileMark Media™ in writing or by e-mail prior to end of our subscription period. Notice of the intent to terminate received within 30 days within the billing cycle will be processed for termination the following month. Website design fees or any upfront fees collected are not refundable in whole or in part unless technical difficulties arise to the extent that service cannot be established. If you wish to cancel prior to the end of the subscription term 25% of the remaining balance due on your subscription must be paid.
If the credit card on which you have requested billing expires, exceeds your maximum limit of credit, or is rejected by the card issuer for any reason, MileMark Media™ will notify you by e-mail, paper invoice or telephone and will attempt to process the transaction within a reasonable period of time. If the charge is rejected by the card issuer again, you will receive notice. You may provide information and authorization to charge another credit card, or speak to customer support about an alternative method of payment.
Except as otherwise provided herein, all notices and communications hereunder shall be in writing or displayed electronically. Notices shall be deemed to have been properly given on the date deposited in the U.S. mail, if mailed; or on the date first made available, if displayed electronically. Notices to MileMark Media™ must be sent to:
MileMark Media™, Inc.
2701 N. Rocky Point
Tampa, FL 33607
Telephone: (813) 200-5844
Or by e-mail to: email@example.com
License for Limited Use of Custom Website Solution
Upon subscription to a Custom Website solution you will be granted a nontransferable, limited license to update, use, and maintain that website. All Custom Website Solution websites are hosted by MileMark Media™. You acknowledge that MileMark Media™ retains all rights to the website designs, programming, codes, software and applications associated with Custom Website Solution websites. The license to view, update or access your Custom Website Solution website ceases upon the non-renewal or cancellation of your subscription. Upon request MileMark Media™ will provide your Custom Website Solution to you, including but not limited to design elements, content, imagery and fonts, upon compliance with the MileMark Media™ non-renewal or cancellation of your subscription provision provided herein. MileMark Media™ does not provide WordPress Administrative nor (FTP) File Transfer Protocol access to Custom Website Solutions hosted on our server.
All imagery and fonts used in our website designs are licensed, royalty-free stock photos and are integral part of our products. Limited usage license gives you the right to use images and fonts only as a part of the website developed for you. Separate usage or distribution of these photos is prohibited. From time to time, we may allow you to submit for substitution your own images, i.e. photographs, graphics and/or logos. Such image substitution and other design modifications may be subject to an additional graphic design fee and does not constitute “work for hire.” You represent that you own the proprietary rights to, or are otherwise permitted to use the images submitted by you. You retain all rights to your images. MileMark Media™ shall not separately use, or distribute your images.
You are authorized to make necessary content modifications to the particular website you subscribe to in order to suit your purposes, subject to MileMark Media™’s Acceptable Use and Service Guidelines. Removing or altering the copyright notice of MileMark Media™ as it appears on such website is expressly prohibited. You retain all rights to your content. MileMark Media™ shall not separately use, or distribute your content. During your Custom Website Solution subscription, your website design shall be licensed exclusively to you and may not be resold by either you or MileMark Media™.
Additional custom work to any Custom Website Solution requested by you and performed by us, including but not limited to graphic design and programming, does not constitute work for hire. All rights associated with ownership of the website design, HTML and other codes remains with MileMark Media™ regardless of any custom changes made to the website.
Unauthorized Use, Assignability and Ownership
Except as specifically provided herein, you are prohibited from downloading, storing, reproducing, transmitting, displaying, copying, distributing or using any products, services or materials retrieved from MileMark Media™. You may not publish, broadcast, sell or otherwise redistribute these products, services or materials for commercial purposes. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or any way, exploit, in whole or in part, any of the products, services or materials, except for modifications to the particular website you subscribe to in order to suit your purposes.
All rights, title and interest (including all copyrights and other intellectual property rights) in the products, materials and services provided (in print or machine-readable forms) belong to MileMark Media™. You acquire no proprietary interest in the products, services, materials, or copies thereof.
MileMark Media™ charges a 25% management free for all PPC programs setup and managed on behalf of our customers.
The products, services and materials provided by MileMark Media™ are provided “as is” and without warranties of any kind, either express or implied. MileMark Media™ disclaims all warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.
MileMark Media™ does not represent or warrant that any of the information and resources presented on its web pages, its subscribers’ websites, or on the internet generally, will be uninterrupted or error free, that defects will be corrected, or that the services and materials provided or the server from which it is accessed are free from viruses or other harmful components.
Limitation of Liability
In no event shall MileMark Media™ be liable for any costs or direct, indirect, special, incidental or consequential damages arising out of or in connection with the use of, or the inability to use the materials and services. In no event MileMark Media™’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for subscription.
The failure of MileMark Media™ to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or the right to enforce it at a later time.
The subscribing organization or individual may not assign its rights or delegate its duties under this agreement to access the materials and services without the prior written consent of MileMark Media™.
This agreement shall be governed by the laws of the State of Florida. In the event that an action at law or in equity should arise, you hereby consent and agree that such action may be filed only in the state and federal courts located in the County of Hillsborough, in the State of Florida, and you hereby consent to personal jurisdiction of such courts for the purposes of adjudicating any such action. If any provision (or portion thereof) of these terms and conditions shall be held by a court of competent jurisdiction to be invalid, void, or otherwise unenforceable, the remaining provision shall remain enforceable to the fullest extent permitted by law. Furthermore, to the fullest extent possible, the provisions of this agreement (including, without limitation, each portion of these terms and conditions containing any provision held to be invalid, void, or otherwise unenforceable that is not itself invalid, void, or unenforceable) shall be construed so as to give effect to the intent manifested by the provision held invalid, void, or unenforceable.
The foregoing terms shall survive any termination of your right to access to the services, products and materials.