Msitebuilder

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Licence

LICENCE AGREEMENT

RISK
The service is not designed or intended for development for use in online facilities, aircraft navigation or communication systems or other activities in which the failure of the software could lead to death, personal injury, or physical, environmental or other property damage.

LIMITATION OF LIABILITY
MBASICS shall not be liable for any indirect, special, punitive, consequential or similar damages even in the event of breach of contract or active or passive negligence and regardless of wether any remedy fails of its essential purpose. The LICENSEE agrees to indemnify, defend and hold MBASICS, its relations, officers and employees, harmless from and against any thirdparty claim, including reasonable attorneys' fees.

WARRANTY
The service is provided by MBASICS "as is" and with all faults. MBASICS makes no warranties of any kind concerning the quality or suitability of the service, either express or implied, including but not limited to any implied warranties.

RESPONSIBILITY FOR CONTENT
The LICENSEE is solely responsible for the content and/or the use of this content by the LICENSEE and/or the end-users. The LICENSEE represents and undertakes that neither the LICENSEE nor any end-users will use the service for unlawful purposes (including, without limitation, infringement of intellectual property rights, misappropriation of trade secrets, fraud, invasion of privacy, pornography, obscenity, defamation, and illegal use, transportation or sale of controlled substances and/or firearms), or to interfere with, or disrupt, other network users, network services or network equipment.
The msex.at domain is reserved for sites of erotic nature. MBASICS is entitled to move sites with erotic content to this domain at any time.

TERMINATION
MBASICS may suspend or terminate the licence and/or the service immediately, with or without prior notice, if MBASICS believes, in good faith, that the LICENSEE or an end-user are utilising any of the licensed products or the services for an illegal or disruptive purpose, including and not limited to registration of urls which enclose trademarks of others, bulk registration of FREE accounts, and "spamming". 
MBASICS will terminate a FREE account without notice, if no traffic has been recorded for this account during the preceding six months.

FREE AND COMMERCIAL ACCOUNTS
The Msitebuilder service is free for non-commercial use, under the condition that the traffic recorded for the FREE account does not exceed 10,000 pageviews per month. If the traffic remains below this limit the LICENSEE will not be charged for the FREE account, unless on explicit request of the LICENSEE.
If the traffic exceeds 10,000 pageviews per month the LICENSEE will be informed by email. If the traffic exceeds 20,000 pageviews per month once or the 10,000 pageviews per month limit during several months, the FREE account may be terminated.
FREE accounts may contain a hyperlink at the bottom of mobile pages published. This hyperlink will lead to an external content menu which will be commercially exploited by one of MBASICS' partners, allowing MBASICS to continue offering FREE accounts.
A COMMERCIAL account can be evaluated on the basis of the features available in the FREE account. For pricing and conditions of the COMMERCIAL account please contact MBASICS via www.mbasics.com.

GENERAL
MBASICS respects the copyrights of all uploaded material and will not disclose any uploaded material unless:
1. The LICENSEE has indicated to agree upon disclosure.
2. MBASICS believes, in good faith, that such action is necessary to conform to legal requirements or to act to protect the interest of other licensees or MBASICS. The LICENSEE agrees that MBASICS may access the content of the uploaded material as stated above and is allowed to change uploaded files to address service or technical matters. For proper functioning of the Msitebuilder service, uploaded templates and files are subject of change by the Msitebuilder software.
It is the will of the parties that this agreement has been stated in English. This agreement shall be governed by Dutch law. Disputes will be handled by the court in 's-Hertogenbosch, the Netherlands.