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Instant Mobilizer End User License Agreement
This Instant Mobilizer End User License Agreement ("Agreement") is by and between GILIW.COM
("GILIW.COM"), a/an AZ individual and you, and your heirs, assigns, agents and contractors (collectively,
"You") and is made effective as of the date of electronic execution. This Agreement sets forth the terms and
conditions of Your use of the Instant Mobilizer service (the "Service") and represents the entire Agreement
between You and GILIW.COM concerning the subject matter hereof. By using the Service, You
acknowledge and agree You have read, understand, acknowledge and agree to be bound by all the terms
and conditions of this Agreement, along with any new, different or additional terms, conditions or policies,
including, but not limited to, the Universal Terms of Service that GILIW.COM may establish from time to
time. Such agreements may be found here.
1. the service
You are hereby granted a personal, revocable, non-exclusive, non-transferable, non-assignable, non-
sublicensable license to use the Service, provided, however, You abide by the terms and conditions set forth
herein and in each of GILIW.COM 's policies and procedures, as may be amended by GILIW.COM from
time to time. During the term of this Agreement, You shall effect and maintain adequate security measures
to safeguard the Service from use by unauthorized persons. You shall not alter, modify, adapt or translate
the whole or part of the Service in any way whatsoever. You may not create derivative works based on the
Service. You may not rent, lease, assign, dispose of, novate, sub-license or otherwise transfer any of its
rights to use the Service to any third party.
Availability of Services
Subject to the terms and conditions of this Agreement, GILIW.COM shall use commercially reasonable
efforts to provide the Service throughout the term of this Agreement. You acknowledge and agree that from
time to time the Service may be inaccessible or inoperable for any reason, including, without limitation:
equipment malfunctions;
periodic maintenance procedures or repairs that GILIW.COM may undertake from time to time; or
causes beyond the control of GILIW.COM or that are not reasonably foreseeable by GILIW.COM,
including, without limitation, interruption or failure of telecommunication or digital transmission links,
hostile network attacks network congestion or other failures.
YOU ACKNOWLEDGE AND AGREE GILIW.COM HAS NO CONTROL OVER AND HAS MADE NO
REPRESENTATION OR WARRANTY ABOUT THE AVAILABILITY OF THE SERVICE ON A
CONTINUOUS OR UNINTERRUPTED BASIS.
Use Restrictions
In the event that the volume of traffic to You from Your use of the Service is sufficient so as to jeopardize
the provision of Service for other end users, GILIW.COM and its licensors reserve the right to, at its sole
discretion, permanently or temporarily, discontinue Your use of the Service. For the avoidance of doubt, the
volume of traffic generated by You should not exceed two thousand (2,000) page views per day.
Updates
GILIW.COM or its licensors may provide updates to the Service from time to time ("Updates"). You agree
to receive such Updates as part of Your use of the Service.
2. your obligations
By using the Service, You acknowledge and agree You are age eighteen (18) years old or older. The Service
is available only to persons who can enter into legally binding contracts under applicable law.
You also acknowledge and agree Your access to and right of use of the Service may be suspended and/or
terminated if You are found to be using the Service in association with activities which may be detrimental
to GILIW.COM or its licensor's interests or reputation, such as in association with unsolicited commercial
email ("spam") or morally objectionable activities. Morally objectionable activities will include, but not be
limited to:
activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties;
activities prohibited by the laws of the territories in You transact Your business;
activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child
pornography;
activities that are tortuous, 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; and
activities designed to harm minors in any way.
In the event that access to and right of use of the Service by You is suspended and/or terminated for spam
or morally objectionable activities, no refund shall be due to You.
You acknowledge and agree You have provided accurate, current and complete information in the
application process and You shall notify GILIW.COM within five (5) business days when any of the
information You provided as part of the application and/or registration process changes. Failure by You, for
whatever reason, to respond within five (5) business days to any inquiries made by GILIW.COM to
determine the validity of information provided by You, shall constitute a material breach of this Agreement.
If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if
GILIW.COM has reasonable grounds to suspect that Your information is inaccurate, not current, false,
misleading or incomplete, GILIW.COM has the absolute right, in its sole discretion, to terminate this
Agreement and/or the Service and close Your account.
Intellectual Property
is owned by the GILIW.COM or its licensor and/or others and are proprietary in nature; and
GILIW.COM and/or its licensor and/or its suppliers have and will retain all intellectual property rights
and ownership in, and title to such proprietary licensed software and other material in and/or comprising
the Service.
You acknowledge and agree the Service, the names and logos of GILIW.COM and its licensors and all
related product and service names, design marks and slogans, are the sole and exclusive property of
GILIW.COM and its licensors, and that You are not authorized to use any of them in any advertising,
publicity, or other commercial venture without the prior written consent of GILIW.COM, which may be
withheld, conditioned or delayed in the sole and absolute discretion of GILIW.COM.
In the event of a claim that the Service infringes any third party intellectual property right, GILIW.COM
and/or its licensors may elect to modify or replace the Service as a result of any third party Intellectual
Property rights infringement issue relating to the Service.
You acknowledge and agree the text "Instant Mobilizer from dotMobi" or equivalent, will be inserted at the
footer of Your site.
If GILIW.COM terminates this Agreement or Your use of the Service, GILIW.COM may, at its own option,
remove and destroy data and files stored by You on GILIW.COM's servers. GILIW.COM has no obligation
to monitor Your Service, but reserves the right in its sole discretion to do so.
Transfers
In the event a dotMobi domain to which the Service is being provided is transferred to another domain
name registrar, the Service will be interrupted on that dotMobi domain, and Service will not be restored if
the new registrar does not offer the Service.
Revised: 7/30/2009
Copyright © 2009 All Rights Reserved.