Legal Agreements

IMPORTANT NOTICE: *All Payments To Media Giant Design Are Non-Refundable* Media Giant Design (“The Company”) agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). Use of Media Giant Design Service constitutes acceptance and agreement to Media Giant Design’s AUP as well as Media Giant Design’s TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service) of Media Giant Design, LLC. and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment. This Agreement shall be construed in all respects in accordance with the laws of the state of Florida, county of Saint Lucie County and Miami-Dade County applicable to contracts enforceable in that state. In the event of any dispute or litigation. The venue will be Saint Lucie County, Florida. 1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Media Giant Design shall have the right to terminate all service set forth in this Agreement. 2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. All rates communicated on the website are recurring charges if not otherwise stated. The Company keeps the right to prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers. 3. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subscriber is aware that all services with recurring charges are automatically renewed. Subsequent payments are due on the anniversary date of the month for that month’s service (same holds for quarterly and annual subscriptions). The above applies to all accounts and services provided by Media Giant Design. 4. Payments and Fees: Credit cards that are declined for any reason are subject to a $10.00 declination fee. Service will be interrupted on accounts that reach 7 days past due. Service interrupted for nonpayment is subject to a $50 reconnect charge. Accounts not paid by due date are subject to disconnect within 7 days. Accounts that are not collectable by Media Giant Design will be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than $50 nor more than $100. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. 5. Refund and Disputes: All payments to Media Giant Design, LLC. are non refundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Media Giant Design’s sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Media Giant Design an “Administrative Fee” of not less than $50 and not more than $100. 6. Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. 7. Account Cancellation: Account cancellations must be received 30 days prior to the expiration of the current service term. Requests for canceling accounts must be made by completing the cancellation procedures. Detailed instructions to request a cancellation: – Login to your Client Area https://www.mediagiantdesign.com/accounts/clientarea.php – Click on My Product & Services – Choose the service that you wish to cancel and click View Details – On the bottom of the page click Request Cancellation – Please provide us with a brief reason for cancelling your service with us and click Request Cancellation After a cancellation request has been received, the request we will be reviewed and a confirmation or further information will be sent within 2 business days. 8. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury. 9. New Domain Accounts: All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by Media Giant Design, LLC. on behalf of the account holder a handling fee will be incurred. 10. Transfer of Domains: New web hosting accounts which involve the transfer of a domain from another provider to Media Giant Design, LLC. will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by Media Giant Design, LLC. on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned. 11. Support Boundaries: Media Giant Design, provides 24 x 7 technical support to our subscribers. We limit our technical support to our area of expertise. The following is our guidelines when providing support: 1. Media Giant Design provides support related to your server or virtual site physical functioning. 2. Media Giant Design does not offer tech support for application specific issues such as cgi programming, html or any other such issue. 3. Media Giant Design does not provide technical support for YOUR customers. If you can email, we encourage you to email support@mediagiantdesign.com for assistance. If you are able to get online and have other questions, the answers may be on our home page at https://www.mediagiantdesign.com – we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before calling tech support. 12. SPAM and Unsolicited Commercial Email (UCE): Media Giant Design takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Media Giant Design may not use or permit others to use our network to transact in UCE. Customers of Media Giant Design may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service. a. Violation of Media Giant Design’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Media Giant Design will initiate an immediate investigation (within 48 hours of notification). During the investigation, Media Giant Design may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Media Giant Design may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, Media Giant Design reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Media Giant Design will notify law enforcement officials if the violation is believed to be a criminal offense. b. First violations of this policy will result in an “Administrative Fee” of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an “Administrative Fee” of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these “Administrative” penalties, they will pay “Research Fees” not to exceed $175 per hour that Media Giant Design personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account. c. As our Customers are ultimately responsible for the actions of their clients over the Media Giant Design network, it is advisable that Customers develop a similar, or stricter, policy for their clients. IMPORTANT NOTICE: BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice. 13. Network a. IP Address Ownership: If Media Giant Design assigns Customer an Internet Protocol address for Customer’s use, the right to use that Internet Protocol address shall belong only to Media Giant Design, and Customer shall have no right to use that Internet Protocol address except as permitted by Media Giant Design in its sole discretion in connection with the Services, during the term of this Agreement. Media Giant Design shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Media Giant Design, and Media Giant Design reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN’s new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting. b. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the “Agreed Usage”). Media Giant Design will monitor Customer’s bandwidth and disk usage. Media Giant Design shall have the right to take corrective action if Customer’s bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Media Giant Design’s sole and absolute discretion. If Media Giant Design takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Media Giant Design may, at its sole discretion, collect a deposit, in an amount determined by Media Giant Design, against customer’s credit card on file with Media Giant Design. c. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Media Giant Design Network. Violations of system or network security may result in civil or criminal liability. Media Giant Design will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation: i. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access. ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”. iv. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. v. Taking any action in order to obtain services to which such User is not entitled. 14. Notification of Violation: a. Media Giant Design is under no duty to look at each customer’s or user’s activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities. b. First violation: Any User, which Media Giant Design determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Media Giant Design’s discretion to a temporary suspension pending a User’s agreement in writing, to refrain from any further violations. c. Second Violation: Users that Media Giant Design determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice. d. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer’s network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible. 15. Suspension of Service or Cancellation: Media Giant Design reserves the right to suspend network access to any customer if in the judgment of the Media Giant Design network administrators the customer’s server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Media Giant Design chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s machines were suspended. 16. Media Giant Design reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Media Giant Design must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy. 17. Indemnification: Media Giant Design wishes to emphasize that in agreeing to the Media Giant Design Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Media Giant Design for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Media Giant Design or the bringing of any claim against Media Giant Design by any third-party. This means that if Media Giant Design is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against Media Giant Design, plus all costs and attorney’s fees. 18. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference. a. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof. b. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation. c. Media Giant Design takes no responsibility for any material input by others and not posted to the Media Giant Design Network by Media Giant Design. Media Giant Design is not responsible for the content of any other websites linked to the Media Giant Design Network; links are provided as Internet navigation tools only. Media Giant Design disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy. d. Media Giant Design is not responsible for any damages your business may suffer. Media Giant Design does not make implied or written warranties for any of our services. Media Giant Design denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Media Giant Design. 19. Responsibility for Content: You, as Media Giant Design’s customer, are solely responsible for the content stored on and served by your Media Giant Design server. 20. Service fee A service fee applies to certain Media Giant Design products and services. These charges have been implemented on us by service utilities and other control organizations. The service fees are not subject to change. 21. Mailing List When signing up for any of our Media Giant Design solutions you automatically join our mailing list and your contact details become part of Media Giant Design’s mailing list database. That database enables us to send you information about company news, package availability or special promotions. Only Media Giant Design has rights to the database. We will take all reasonable steps to ensure that your contact details remain confidential at all times. Positively Media Giant Design will not provide your details to any third party. On request, Media Giant Design will provide you with a copy of your contact details. You may at any time ask us to update or remove your contact details from our database. 22. Managed Backup over-usage To assure that customer’s data is backed up properly under the managed backup service, Media Giant Design takes the right to add additional backup space and bill the customer accordingly. This occurs only after the customer exceeds the ordered backup space and numerous notification have been sent to the customer.

This Development Agreement is entered into as of (purchase date), by and between Media Giant Design, LLC, a Florida limited liability company d/b/a “Media Giant Design” (hereafter referred to as “MGD”), and Customer (hereafter referred to as “Client”). Scope MGD agrees to provide Client with development services set forth in the “Scope of Work” attached hereto as Exhibit A to this Development Agreement and incorporated herein by reference. Said services shall be referred to as the “Work” throughout this agreement. Compensation Client shall pay MGD the fees and costs as set forth in the project quote / invoice / online ordering system. If Client fails to pay invoices within seven(7) days of receipt, MGD may, in its sole and absolute discretion, cease all work on all matters under this Agreement until the Client’s account is brought current. Successive instances of late payment shall be cause for breach and termination of this Agreement. On all flat-rate Agreements, final payment shall be due upon acceptance of the Work by the Client. Failure to accept the Work within five (5) days of delivery shall be deemed acceptance of the Work, and all monies remaining due shall become immediately payable. Work performed beyond the Scope of Work shall be charged at the quoted hourly rate unless agreed to otherwise, in writing, by the Parties. Change of Scope Any substantive change, as determined solely by MGD, to the Scope of Work shall require a change to the Scope of Work and may incur additional fees and/or costs. Client shall submit to MGD a written proposal specifying the desired changes; MGD will review said proposal within a reasonable time and respond to Client with an Amended Scope of Work, incorporating any change in fees and/or costs. Client shall have three (3) days from receipt to accept or reject in writing the Amended Scope of Work. Acceptance shall subsequently amend this Agreement accordingly, with the Amended Scope of Work incorporated herein. Rejection shall cause the Parties to continue to operate under the initially agreed upon Scope of Work. Timeframe for Delivery A schedule for delivery of the Work shall be set forth in the Scope of Work. Client recognizes and acknowledges that while MGD will utilize its best efforts to adhere to said timeframe, MGD can make no guarantee that the Work will be delivered in accordance with the schedule. Term and Termination This Agreement commences on the date it is executed and shall continue until full performance by both parties, or until earlier terminated by one party under the terms of this Agreement. Each party shall have the right to terminate this Development Agreement by written notice to the other if a party has materially breached any obligation herein and such breach remains uncured for a period of fifteen (15) days after written notice of such breach is sent to the other party. If MGD terminates this Agreement because of Client’s default, all of the following shall apply:

• Client shall immediately cease use of all materials provided by MGD under this Development Agreement and shall, within 10 days of such termination, deliver to MGD all copies, portions of materials and/or other documentation in its possession furnished by MGD under this Agreement.
• All amounts payable or accrued to MGD under this Agreement shall become immediately due and payable.
• All rights and licenses granted to Client under this Agreement shall immediately terminate.

Either party may terminate this Development Agreement at any time, for any reason, prior to the next renewal date. In the event of termination by MGD under this subsection, MGD shall provide Client with the Work, in whatever form it takes, completed to date provided Client has satisfied all financial obligations to MGD through the date of termination. In the event of termination by Client under this subsection, Client agrees to pay MGD all amounts due pursuant to this Agreement through the date of termination and agrees to pay MGD a termination fee of $250 & 100% of the remaining balance. Ownership of the Work Excluding any creative materials specifically provided by Client to MGD, the Work or any portion thereof, including but not limited to all software, domains, hosting, content, intellectual property or other custom items developed by MGD for Client under this Agreement, shall fully remain the property of MGD until the Scope of Work under this Agreement is complete and Client has fully satisfied all financial obligations to MGD hereunder. Upon said completion and satisfaction, MGD shall transfer to Client ownership of that Work set forth in the Scope of Work. MGD maintains ownership and/or licensure of certain software developer tools and may, concurrent with the transfer of ownership rights to Client of the Work, also transfer to Client a nonexclusive license to the software developer tools as necessary for the proper operation of Client’s Work. Client understands that MGD will place an inaccessible license key within the Work and will grant MGD perpetual access to said key for purposes of monitoring Client’s use of said developer tools in accordance with this Agreement. Confidentiality Without the prior written consent of the other party, neither party shall disclose the terms and conditions of this Agreement, except where reasonably necessary to the disclosing party’s attorneys, financial advisors or accountants or except as may be required by law. Each party acknowledges that it will receive confidential information and trade secrets (“Confidential Information”) from the other party in the course of performing the Scope of Work and otherwise carrying out the actions contemplated by this Agreement. Confidential Information includes all information one party receives from the other party, except anything designated as not confidential. During the period this Agreement is in effect, and at all times afterwards, each party, its employees, contractors, consultants, and agents, will safeguard the other party’s Confidential Information with the same degree of care that it uses to protect its own confidential information; maintain the confidentiality of this information; not use such information except as permitted under this Agreement; and not disseminate, disclose, sell, publish, or otherwise make available this information to any third party without the prior written consent of the disclosing party. The restrictions of this Agreement do not apply to any information that is already lawfully in the receiving party’s possession (unless received pursuant to a nondisclosure agreement); is or becomes generally available to the public through no fault of the receiving party; is disclosed to the receiving party by a third party who may transfer or disclose such information without restriction; is required to be disclosed by the receiving party as a matter of law (provided that the receiving party will use all reasonable efforts to provide the disclosing party with prior notice of such disclosure and to obtain a protective order); is disclosed by the receiving party with the disclosing party’s approval; and is independently developed by the receiving party without any use of Confidential Information. In all cases, the receiving party will use all reasonable efforts to give the disclosing party fifteen (15) days’ prior written notice of any disclosure of information under this Agreement. The parties will maintain the confidentiality of all confidential and proprietary information learned pursuant to this Agreement for a period of five (5) years from the date of termination of this Agreement. Each party agrees to execute a reasonable nondisclosure agreement if asked to do so by the other. Client and MGD acknowledge that any breach of the confidentiality restrictions of this Agreement by a receiving party will irreparably harm the disclosing party. Accordingly, in the event of a breach, the disclosing party is entitled to promptly seek injunctive relief in addition to any other remedies that it may have at law or in equity. Warranties, Liability and Indemnification THE WORK FURNISHED UNDER THIS AGREEMENT IS PROVIDED ON AN AS “AS IS” BASIS, WITHOUT ANY WARRANTIES OR REPRESENTATIONS EXPRESS, IMPLIED OR STATUTORY; INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NOR ARE THERE ANY WARRANTIES CREATED BY A COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. MGD DOES NOT WARRANT THAT THE OPERATION OF THE WORK WILL BE CONTINUAL, UNINTERRUPTED OR ERROR FREE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE WORK. THE WARRANTIES SET FORTH IN THIS AGREEMENT ARE THE ONLY WARRANTIES GRANTED BY MGD. MGD DISCLAIMS ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MGD REPRESENTS, BUT DOES NOT WARRANT, THAT TO THE BEST OF ITS KNOWLEDGE THE WORK DELIVERED TO CLIENT UNDER THIS AGREEMENT WILL NOT INFRINGE ANY VALID AND EXISTING INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY. THE WORK FURNISHED UNDER THIS AGREEMENT IS PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS AGAINST INFRINGEMENT, AND MGD SHALL NOT INDEMNIFY CLIENT AGAINST INFRINGEMENT OF ANY PATENTS, COPYRIGHTS, TRADE SECRETS OR OTHER PROPRIETARY RIGHTS. In no event shall MGD be liable to Client for the lost profits of Client, or special or consequential damages, even if MGD has been advised of the possibility of such damages. In the event MGD is held liable to Client damages, costs and/or expenses, regardless of cause, MGD’s total liability shall not exceed the total amount of fees paid to MGD by Client under this Agreement. Client shall indemnify MGD against all claims, liabilities and costs, including reasonable attorney fees, of defending any third party claim or suit arising out of the use of the Work provided under this Agreement. MGD shall promptly notify Client in writing of any third party claim or suit and Client shall have the right to fully control the defense and any settlement of such claim or suit. This indemnity provision survives termination of this Agreement. Assignment Neither party may assign or transfer its rights or delegate its obligations under this Agreement without the other party’s prior written consent, which will not be unreasonably withheld. This Agreement shall be binding upon the successors and assigns of the parties to this Agreement. Entirety, Severability and Waiver This Agreement, along with the Exhibits attached and incorporated in this Agreement, constitutes the final, complete, and exclusive understanding between the parties, and replaces and supersedes all previous oral or written agreements, understandings, or arrangements between the parties with respect to the subject matter of this Agreement. This Agreement may not be modified or amended except in a writing signed by an authorized officer of each party to this Agreement. In case any provision of this Agreement is held to be invalid, unenforceable, or illegal, that provision shall be severed from this Agreement, and such invalidity, unenforceability, or illegality will not affect any other provisions of this Agreement. The failure of either party to enforce any provisions of this Agreement is not a waiver of the provisions or of the right of that party to subsequently enforce that, or any other, provision of this Agreement. Notices Except as otherwise provided in this Agreement, notices required to be given pursuant to this Agreement shall be effective when received, and shall be sufficient if given in writing, hand delivered, sent by facsimile with confirmation of receipt, sent by First Class Mail, return receipt requested, or sent by overnight courier service and addressed as follows: To Client: CUSTOMER INFO IN ONLINE ACCOUNT To MGD: Media Giant Design, 108 N Depot Drive. #201. Fort Pierce, FL 34950 Governing Law and Jurisdiction This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The parties agree that any dispute between them arising out of this Agreement shall be heard in a court of competent jurisdiction in St. Lucie, Florida, and the parties hereby consent to the personal jurisdiction of such courts. In the event of any dispute between the parties arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees and costs.

This Agreement is entered into as of (purchase date), by and between Media Giant Design, LLC, a Florida limited liability company d/b/a “Media Giant Design” (hereafter referred to as “MGD”), and Customer (hereafter referred to as “Client”). Scope MGD agrees to provide Client with marketing services set forth in the “Product / Service” attached hereto as Exhibit A to this Agreement and incorporated herein by reference. Said services shall be referred to as the “Work” throughout this agreement. Compensation Client shall pay MGD the fees and costs as set forth in the proposal / invoice / online ordering system. If Client fails to pay invoices by the due date on the invoice, MGD may, in its sole and absolute discretion, cease all work on all matters under this Agreement until the Client’s account is brought current. Successive instances of late payment shall be cause for breach and termination of this Agreement. Term and Termination This Agreement commences on the date it is executed and shall continue until full performance by both parties, or until earlier terminated by one party under the terms of this Agreement. Each party shall have the right to terminate this Agreement by written notice to the other if a party has materially breached any obligation herein and such breach remains uncured for a period of fifteen (15) days after written notice of such breach is sent to the other party. If MGD terminates this Agreement because of Client’s default, all of the following shall apply: Client shall immediately cease use of all materials provided by MGD under this Agreement and shall, within 10 days of such termination, deliver to MGD all copies, portions of materials and/or other documentation in its possession furnished by MGD under this Agreement. All amounts payable or accrued to MGD under this Agreement shall become immediately due and payable. All rights and licenses granted to Client under this Agreement shall immediately terminate. Either party may terminate this Agreement at any time, for any reason, prior to the next renewal date. In the event of termination by MGD under this subsection, all services will cease and associated accounts closed on the final day of the agreement. In the event of termination by Client under this subsection, Client agrees to pay MGD all amounts due pursuant to this Agreement through the date of termination and agrees to pay MGD a termination fee equal to 1 month of service in addition to any remaining balance. Ownership of the Work Excluding any material specifically provided by Client to MGD, or creative materials (media files) paid for by the client, the Work or any portion thereof, including but not limited to all software, content, intellectual property or other custom items developed by MGD for Client under this Agreement, shall fully remain the property of MGD upon termination. Confidentiality Without the prior written consent of the other party, neither party shall disclose the terms and conditions of this Agreement, except where reasonably necessary to the disclosing party’s attorneys, financial advisors or accountants or except as may be required by law. Each party acknowledges that it will receive confidential information and trade secrets (“Confidential Information”) from the other party in the course of performing the “Product / Service” and otherwise carrying out the actions contemplated by this Agreement. Confidential Information includes all information one party receives from the other party, except anything designated as not confidential. During the period this Agreement is in effect, and at all times afterwards, each party, its employees, contractors, consultants, and agents, will safeguard the other party’s Confidential Information with the same degree of care that it uses to protect its own confidential information; maintain the confidentiality of this information; not use such information except as permitted under this Agreement; and not disseminate, disclose, sell, publish, or otherwise make available this information to any third party without the prior written consent of the disclosing party. The restrictions of this Agreement do not apply to any information that is already lawfully in the receiving party’s possession (unless received pursuant to a nondisclosure agreement); is or becomes generally available to the public through no fault of the receiving party; is disclosed to the receiving party by a third party who may transfer or disclose such information without restriction; is required to be disclosed by the receiving party as a matter of law (provided that the receiving party will use all reasonable efforts to provide the disclosing party with prior notice of such disclosure and to obtain a protective order); is disclosed by the receiving party with the disclosing party’s approval; and is independently developed by the receiving party without any use of Confidential Information. In all cases, the receiving party will use all reasonable efforts to give the disclosing party fifteen (15) days’ prior written notice of any disclosure of information under this Agreement. The parties will maintain the confidentiality of all confidential and proprietary information learned pursuant to this Agreement for a period of five (5) years from the date of termination of this Agreement. Each party agrees to execute a reasonable nondisclosure agreement if asked to do so by the other. Client and MGD acknowledge that any breach of the confidentiality restrictions of this Agreement by a receiving party will irreparably harm the disclosing party. Accordingly, in the event of a breach, the disclosing party is entitled to promptly seek injunctive relief in addition to any other remedies that it may have at law or in equity. Warranties, Liability and Indemnification THE WORK FURNISHED UNDER THIS AGREEMENT IS PROVIDED ON AN AS “AS IS” BASIS, WITHOUT ANY WARRANTIES OR REPRESENTATIONS EXPRESS, IMPLIED OR STATUTORY; INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NOR ARE THERE ANY WARRANTIES CREATED BY A COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. MGD DOES NOT WARRANT THAT THE OPERATION OF THE WORK WILL BE CONTINUAL, UNINTERRUPTED OR ERROR FREE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE WORK. THE WARRANTIES SET FORTH IN THIS AGREEMENT ARE THE ONLY WARRANTIES GRANTED BY MGD. MGD DISCLAIMS ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MGD REPRESENTS, BUT DOES NOT WARRANT, THAT TO THE BEST OF ITS KNOWLEDGE THE WORK DELIVERED TO CLIENT UNDER THIS AGREEMENT WILL NOT INFRINGE ANY VALID AND EXISTING INTELLECTUAL PROPERTY RIGHT OF ANY THIRD PARTY. THE WORK FURNISHED UNDER THIS AGREEMENT IS PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS AGAINST INFRINGEMENT, AND MGD SHALL NOT INDEMNIFY CLIENT AGAINST INFRINGEMENT OF ANY PATENTS, COPYRIGHTS, TRADE SECRETS OR OTHER PROPRIETARY RIGHTS. In no event shall MGD be liable to Client for the lost profits of Client, or special or consequential damages, even if MGD has been advised of the possibility of such damages. In the event MGD is held liable to Client damages, costs and/or expenses, regardless of cause, MGD’s total liability shall not exceed the total amount of fees paid to MGD by Client under this Agreement. Client shall indemnify MGD against all claims, liabilities and costs, including reasonable attorney fees, of defending any third party claim or suit arising out of the use of the Work provided under this Agreement. MGD shall promptly notify Client in writing of any third party claim or suit and Client shall have the right to fully control the defense and any settlement of such claim or suit. This indemnity provision survives termination of this Agreement. Assignment Neither party may assign or transfer its rights or delegate its obligations under this Agreement without the other party’s prior written consent, which will not be unreasonably withheld. This Agreement shall be binding upon the successors and assigns of the parties to this Agreement. Entirety, Severability and Waiver This Agreement, along with the Exhibits attached and incorporated in this Agreement, constitutes the final, complete, and exclusive understanding between the parties, and replaces and supersedes all previous oral or written agreements, understandings, or arrangements between the parties with respect to the subject matter of this Agreement. This Agreement may not be modified or amended except in a writing signed by an authorized officer of each party to this Agreement. In case any provision of this Agreement is held to be invalid, unenforceable, or illegal, that provision shall be severed from this Agreement, and such invalidity, unenforceability, or illegality will not affect any other provisions of this Agreement. The failure of either party to enforce any provisions of this Agreement is not a waiver of the provisions or of the right of that party to subsequently enforce that, or any other, provision of this Agreement. Notices Except as otherwise provided in this Agreement, notices required to be given pursuant to this Agreement shall be effective when received, and shall be sufficient if given in writing, hand delivered, sent by facsimile with confirmation of receipt, sent by First Class Mail, return receipt requested, or sent by overnight courier service and addressed as follows: To Client: CUSTOMER INFO IN ONLINE ACCOUNT To MGD: Media Giant Design, 108 N Depot Drive. 1st Floor. Fort Pierce, FL 34950 Governing Law and Jurisdiction This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The parties agree that any dispute between them arising out of this Agreement shall be heard in a court of competent jurisdiction in St. Lucie, Florida, and the parties hereby consent to the personal jurisdiction of such courts. In the event of any dispute between the parties arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees and costs.

Description of Service

Media Giant Design provides a web-based application (“SMS Tool”) and management services for sending SMS campaigns (the “Service”) . Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to this Agreement. You understand and agree that the Service is provided to you on an “AS-IS” basis and that Media Giant Design assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access and subsequent usage may involve third party fees (such as Internet access to use the Service or the cost of actually sending or receiving the actual SMS messages).

SMS Campaign Conduct

A. Responsibility. You understand and agree that you, and not Media Giant Design, are entirely responsible for all information, data, text, photographs, graphics, audio, video, messages or other materials (“Content”) that you upload, post, transmit or otherwise make available via the Service. Media Giant Design does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Media Giant Design be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. Media Giant Design is solely a facilitator of the SMS message traffic and has no visibility into or control over individual messages as they are transmitted through Media Giant Design and has no responsibility or liability with respect to the content of any individual message. Except that Media Giant Design may use programmatic means to filter (pre-screen) your messages and block your campaigns or account due to message keywords that Media Giant Design has determined, in it’s sole description, may violate an applicable rule, regulation, or law. B. Content Agreement. You agree to not use the Service to:

• upload, post, transmit or otherwise make available any illegal contests or gambling, unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• upload, post, transmit or otherwise make available any adult Content or Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements, or which violates the intellectual property rights of a third party (“Rights”);
• upload, post, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any mobile telephone, mobile device, or telecommunications equipment;
• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
• “stalk” or otherwise harass another; and/or
• collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs (i) through (vi) above.
• send text messages to any consumer that could be considered marketing material.

C. Acknowledgement. You acknowledge that Media Giant Design may or may not pre-screen Content, but that Media Giant Design and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, Media Giant Design and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. You acknowledge, consent and agree that Media Giant Design may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with any subpoena or other legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Media Giant Design, its users and the public. D. Guarantee. You guarantee that the subscribers in your account have granted you express consent to send them messages of the type that you intend to send them. If for any reason Media Giant Design suspects that the subscribers have not given you express consent, we reserve the right to request a written explanation from you, the client, including the method of collecting the subscriber’s phone numbers and a guarantee signed by you that all the people on your subscriber list agreed to receive text messages from you of the type that you had sent. Media Giant Design reserves the right to take any action it thinks appropriate in the case of non-compliance, including but not limited to cancellation of the account. E. Use of the Service. You shall use the Service in compliance with all governing laws, regulations, and rules. F. Marketing. You agree that you shall not send text messages to any consumer that could be considered marketing material. You agree that any texts sent using the Media Giant Design software or platform shall be transactional messages or directly related to a political campaign. You authorize Media Giant Design to review any of your messages prior to sending to consumers.

Indemnity

You agree to indemnify and hold Media Giant Design, and its subsidiaries, affiliates, officers, agents, attorneys, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of this Agreement, your violation of any rights of another, or your violation of any law.

General practices regarding use and storage

You acknowledge that Media Giant Design may establish general practices and limits concerning use of the Service but that Media Giant Design has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service.

Modifications to service

Media Giant Design reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Media Giant Design shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Media Giant Design Acceptable Use Policy (“AUP”) is provided to give our customers and users a clear understanding of what Media Giant Design expects of them while using the service. All users of Media Giant Design’s Internet services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with this AUP and our TOS (Terms of Service). Use of Media Giant Designs’ Services constitutes acceptance and agreement to Media Giant Design’s AUP as well as Media Giant Design’s TOS (Terms of Service) IMPORTANT NOTICE: *All Payments To Media Giant Design Are Non-Refundable* We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Media Giant Design may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your Media Giant Design account or other actions as detailed in Section 3 WITHOUT PRIOR NOTICE. This document is intended to provide a basic understand of Media Giant Design’s Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Media Giant Design’s AUP:

• Ensure reliable service to our customers
• Ensure security and privacy of our systems and network, as well as the networks and systems of others
• Comply with existing laws
• Maintain our reputation as a responsible service provider
• Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
• Preserve the value of Internet resources as a conduit for free expression and exchange of information
• Preserve the privacy and security of individual users

Media Giant Design intends to provide its customers access to everything the Internet has to offer. While the Media Giant Design is firmly committed to the principles of free speech, certain activities that may be damaging to the resources of both the Media Giant Design and the Internet and cannot be permitted under the guise of free speech. The resources of the Media Giant Design and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community. We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service. You may not use any of our services to publish material, which Media Giant Design determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, “material” refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings. If a Media Giant Design account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time. As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at support@mediagiantdesign.com. VIOLATIONS OF Media Giant Design ACCEPTABLE USE POLICY The following constitute violations of this AUP: 1. Illegal use: Media Giant Design’s services may not be used for illegal purposes, or in support of illegal activities. Media Giant Design reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. 2. Harm to minors: Use of the Media Giant Design service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography. 3. Threats: Use of the Media Giant Design service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property. 4. Harassment: Use of the Media Giant Design service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another. 5. Fraudulent activity: Use of Media Giant Design service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes,” “ponzi schemes,” and “chain letters.” 6. Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. 7. Unsolicited commercial e-mail / Unsolicited bulk e-mail (SPAM) Use of the Media Giant Design service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Media Giant Design account. We do not allow commercial e-mail to be sent to more than one-thousand (1,000) users per day at a rate of 250 messages every 30 minutes. If you would like to send more than 1,000 messages per day, please contact a member of our support team for additional information. Also Media Giant Design reserves the right to a 90 day (after sign-up) review period to determine if your email usage is acceptable for our network. Media Giant Design may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time. In addition, Media Giant Design may block the transmission of any email that violates these provisions. IMPORTANT NOTICE: BEGINNING IMMEDIATELY, anyone hosting web sites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice. 8. E-mail / News Bombing: Malicious intent to impede another person’s use of electronic mail services or news will result in the immediate termination of the offending Media Giant Design account. 9. E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the Media Giant Design service is in violation of this AUP. 10. Usenet SPAMing: Media Giant Design has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted. 11. Unauthorized access: Use of the Media Giant Design service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Media Giant Design’s or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Media Giant Design account is subject to immediate termination. 12. Copyright or trademark infringement: Use of the Media Giant Design service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. 13. Collection of personal data: Use of the Media Giant Design service to collect, or attempt to collect, personal information about third parties without their knowledge or consent. 14. Network disruptions and unfriendly activity: Use of the Media Giant Design service for any activity which affects the ability of other people or systems to use Media Giant Design Services or the Internet. This includes “denial of service” (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member’s responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual’s computer system will result in immediate account termination. Media Giant Design will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. 15. Fraud: Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it. 16. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated. 17. Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account. 18. Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Media Giant Design services could result in suspension service. 19. Third Party Accountability: Media Giant Design subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy. 20. Verbal abuse or profanity directed towards our employees either by telephone or our online support system will not be tolerated, and may result in the immediate termination of your services. You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Your password provides access to your account. It is your responsibility to keep your password secure. Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use. Attempting to obtain another user’s account password is strictly prohibited, and may result in termination of service. You must adopt adequate security measures to prevent or minimize unauthorized use of your account. You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. You may not attempt to interfere with service to any user, host or network (“denial of service attacks”). This includes, but is not limited to, “flooding” of networks, deliberate attempts to overload a service, and attempts to “crash” a host. Users who violate systems or network security may incur criminal or civil liability. Media Giant Design will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Network Performance Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account. You may not use resource-intensive programs which negatively impact other customers or the performances of Media Giant Design systems or networks. Media Giant Design reserves the right to terminate or limit such activities. REPORTING VIOLATIONS OF Media Giant Design AUP Media Giant Design requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at support@mediagiantdesign.com. If available, please provide the following information:

• The IP address used to commit the alleged violation
• The date and time of the alleged violation, including the time zone or offset from GMT
• Evidence of the alleged violation

E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. Media Giant Design may take any one or more of the following actions in response to complaints:

• Issue written or verbal warnings
• Suspend the Member’s newsgroup posting privileges
• Suspend the Member’s account
• Terminate the Member’s account
• Bill the Member for administrative costs and/or reactivation charges
• Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations

REVISIONS TO THIS ACCEPTABLE USE POLICY Media Giant Design reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).

Your privacy is important to us. It is Media Giant Design’s policy to respect your privacy regarding any information we may collect while operating our website. Accordingly, we have developed this privacy policy in order for you to understand how we collect, use, communicate, disclose and otherwise make use of personal information. We have outlined our privacy policy below.

• We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned. Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
• We will collect and use personal information solely for fulfilling those purposes specified by us and for other ancillary purposes, unless we obtain the consent of the individual concerned or as required by law.
• Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
• We will protect personal information by using reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
• We will make readily available to customers information about our policies and practices relating to the management of personal information.
• We will only retain personal information for as long as necessary for the fulfilment of those purposes.

We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained. Media Giant Design may change this privacy policy from time to time at Media Giant Design’s sole discretion.