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MoFuse allowed us to create a mobile version of our website quick and efficiently. Their easy-to-use tools had our website up and running faster than we thought possible.

— Tino Persico, TENNIS.com

Powering over 40,000 mobile sites, landing pages, brands, and organizations just like TENNIS.com

Just a Few of our Features

RSS Feeds

Sync your content from your desktop site to your mobile site using RSS feeds. No need to rewrite your content!

WYSIWYG Editing

Add non-syndicated content to your mobile site using our visual WYSIWYG editor, no need to learn HTML or any mobile specific code!

Image Transcoding

All images on your mobile site are automatically transcoded and resized for optimal performance and display on your mobile site, you don't have to worry about anything.

Google Checkout

Sell products or collect donations right on your mobile site using a familiar service in Google Checkout.

Mobile Form Builder

Collect data, start a survey or accept dinner reservations on your mobile site using our intuitive mobile form builder.

Google Maps

Add Google Maps to your mobile site so that your mobile visitors can find you on the go.

Store Locator

If you have a storefront, you need this. Let your customers find your stores by zip code or via the phone's GPS.

Mobile Analytics

Gather analytical data about your mobile audience. Find out what devices they're using, what carrier networks they are on and what content they are accessing.

Mobile & Design Experts

We have some of the brightest engineers, designers, and customer representatives in the industry on our team! We will be able to help answer all of your questions related to mobile and get your site working on over 5,000 devices. Rest assured, you have the mobile experts on your side!

Through this website, MoFuse, Inc. (“MoFuse”) offers a service that allows users who register with MoFuse (each a “User”) to use MoFuse’s proprietary software platform to build and host mobile websites. The services offered include a free self-service option, at no charge (“MoFuse for Bloggers”) and a self-service premium option, which offers additional services for a monthly fee (“Premium Service”). Together, MoFuse for Bloggers and Premium Service constitute the “Service”. By using the Service, you agree to comply with and be bound by the following terms and conditions (this “Agreement”), which we may change at any time by posting notice on MoFuse.com and MoFusepremium.com. PLEASE READ THIS AGREEMENT CAREFULLY. If you do not agree to these terms and conditions, please do not use the Service. Use of the Service is limited to those individuals who can form legally binding contracts under applicable law, and without limiting the foregoing, the Service is not to be accessed or used by minors.

In addition, when using any particular Service option, such as Self-Service or Premium Service, you may be subject to additional guidelines or terms and conditions applicable to such service that may be posted on MoFuse.com from time to time, which are hereby incorporated into this Agreement.

Registration.

If you wish to become a User, you are required to register by creating an account. If you register, you represent and warrant to MoFuse that: (i) you are of legal age to form a binding contract; (ii) you will provide MoFuse with accurate, current and complete registration information; (iii) your registration and your use of the Service is not prohibited by law; and (iv) you have all legal rights to publish and distribute mobile website versions of the User blogs and websites you input into the Service (the “User Authorized Sites”). MoFuse reserves the right to terminate or suspend your status as a User in the event that you breach any term of this Agreement.

Provision of Service.

During the period that you are a User in good standing (the “Term”), you are entitled to use the Service to create mobile website versions of the User Authorized Sites (such mobile versions the “User Mobile Sites”). As part of the Service, MoFuse will host the User Mobile Sites on its servers. User acknowledges that User Mobile Sites are updated at regular intervals, so that the User Mobile Sites will not immediately reflect changes to the User Authorized Sites.

MoFuse’s ability to provide the Service is subject to provision of the User Authorized Sites to MoFuse via RSS feed, which shall be the responsibility of the User. MoFuse is not responsible for any errors or delays in the Service caused by any error or fault of User with the User Authorized Sites or the RSS feeds sent to MoFuse. User will ensure that the User Authorized Sites do not contain any computer virus, code or other feature that may harm or impair the operation of the Service.

Licenses.

The Service includes the right for User to use (a) MoFuse’s online tools to optimize the User Authorized Sites for mobile delivery; and (b) MoFuse mobile tags on User Authorized Sites to alert end users to the User Mobile Sites (such tools and tags the “MoFuse Tools”). MoFuse grants User a limited, non-exclusive, non-transferable right and license to use the MoFuse Tools during the Term in connection with User’s use of the Service. Except as expressly permitted herein, User shall not copy, modify, distribute, sublicense, make available, reverse engineer, reverse compile or otherwise use the MoFuse Tools. No license is granted to User to MoFuse Tools or any other proprietary technology or intellectual property of MoFuse except as expressly stated herein, and MoFuse reserves all rights therein.

User hereby grants to MoFuse the limited, non-exclusive, right and license: (a) to use, copy and publish the User Authorized Sites to create User Mobile Sites and to display such User Mobile Sites to end-users on User’s behalf; and (b) if you participate in the Revenue Sharing Program (as defined below), to share advertising revenue from the User Mobile Sites with the User, as described below. In addition, User hereby grants MoFuse the limited, non-exclusive right and license to display an image of User Mobile Sites (or any part thereof) in MoFuse’s marketing materials and on MoFuse’s websites. Users may opt out of such use of User Mobile Sites by sending written notice to MoFuse at support@mofuse.com, and in the event of such opt out MoFuse will cease use of your User Mobile Sites promptly, subject to a reasonable transition period to allow MoFuse to make changes to marketing materials and websites. Except for the limited licenses granted to MoFuse in this Agreement, MoFuse acquires no rights in or to the User Authorized Sites, and all such rights are retained and reserved exclusively by User.

Premium Service.

If you are a Premium User, the Service includes the following benefits: (a) MoFuse shall use commercially reasonable efforts so that the Service is available 24 hours per day, 365 days per year, subject to reasonable periodic maintenance; (b) MoFuse may feature your User Mobile Sites on MoFuse’s custom recommendation engine, or may feature your mobile site on our own websites or promotional materials (you may opt out of this by contacting MoFuse in writing); (c) MoFuse shall use commercially reasonable efforts to supply access to analytics for User Mobile Site 24 hours a day (d) MoFuse shall use commercially reasonable efforts to allow you access to our proprietary mobile site layout tool 24 hours a day. If you subscribe to the Premium Service, you may cancel your subscription at any time by notice to Mofuse. Your cancellation will take effect at the end of the then-current billing cycle. You are not entitled to any refund for the period from when you give notice to the end of the billing cycle.

Resellers.

Provided that the User has paid applicable fees covering all applicable usage of the Service, Users may act as a reseller of the Service by using the Service to provide mobile websites for User Authorized Sites that are owned or controlled by third parties other than User. If User acts as a reseller of the Service as described in this paragraph (“Reseller”), the following applies: (a) Reseller shall require that any third party to whom Reseller supplies the Service or who otherwise owns or controls User Authorized Sites that Reseller creates mobile websites for using the Service (an “End User”) shall enter into an agreement with Reseller that requires such End User to agree to and be bound by these Terms of Service as if named as a “User” herein; and (b) Reseller shall be responsible and liable for its End User’s compliance with the Terms of Service and shall indemnify Mofuse from and against any liability, loss, damage, expenses and attorneys’ fees incurred in connection with (a) any act or omission of any End User that would constitute a breach of the Terms of Service if such End User were a User hereunder; or (b) Reseller’s failure to require any End User to be bound by these Terms of Service.

Fees.

Use of the Premium Service is subject to payment of the applicable fees listed on the MoFuse website, which are paid by User by credit card or arranged invoice. If any credit card payment is dishonored or charged back to MoFuse, the Premium User remains liable to MoFuse for the full amount of fees payable. MoFuse reserves the right to collect interest at the maximum rate permitted by applicable law on overdue balances. If MoFuse terminates your User status or use of the Service as a result of breach of this Agreement, you will not be entitled to any refund of fees paid. If any taxes, including sales, use or service taxes, are applicable to MoFuse’s provision of the Service to you, you are responsible for payment of such taxes.

Advertising.

There are two mobile advertising options that we employ:

MoFuse for Blogs™:

Mobile ads are automatically turned ‘on’ for any mobile site built and hosted on our MoFuse for Blogs™ (Free) service. MoFuse for Blogs customers may opt to share revenue in accordance with the “Revenue Sharing: MoFuse for Bloggers Service” paragraph below.

Revenue Sharing: MoFuse for Bloggers Service.

The Service includes a feature allowing Users to receive a share of revenue generated from advertising published on the User Mobile Sites (the “Revenue Sharing Program”). Use of the Revenue Sharing Program requires that the User maintain a valid Google AdSense or AdMob account, and that the User Authorized Site meets Google’s guidelines. MoFuse is not responsible for (a) cancellation of a User’s Google AdSense or AdMob account due to any breach by or on behalf of the User by the terms of service of Google AdSense or AdMob; (b) the consequences of Google AdSense or AdMob publisher IDs that are entered invalidly; or (c) the irregular display of your publisher ID on the User Mobile Site.

The Revenue Sharing Program uses a random function to select whether the publisher ID shown by your User Mobile Site is the MoFuse publisher ID or the User publisher ID, with a goal that the MoFuse and User publisher ID’s will each be displayed on half of all displays of your User Mobile Site. You acknowledge that the nature of the function may not guarantee an exact 50/50 split. You acknowledge that Google AdSense and AdMob pay on the basis of clicks on advertisements displayed, and that MoFuse has no control over which publisher ID is displayed when a user of a User Mobile Site clicks on an advertisement.

Users may opt out of the Revenue Sharing Program at any time.

MoFuse Premium™:

MoFuse Premium mobile sites will not have ads automatically placed on them unless the customer chooses to actively enable ads on their site. Ad can be placed on your mobile site in the following manner:

Using the “Monetize” menu within Premium, customers may:

Rules of Conduct for the Service.

You shall not:

Proprietary Rights.

All the text, images, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content on MoFuse.com or MoFusepremium.com, including any Submissions (as defined below) (collectively, the “Site Content”) are proprietary to us or to third parties. MoFuse authorizes you to view, download, and use the Site Content solely in connection with your authorized use of the Service in accordance with this Agreement. Except as expressly permitted above, copying, modifying, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Site Content, or any portion of the Site Content, is strictly prohibited without the prior written permission of MoFuse. In addition, you may not link to any part of the Site Content or frame or otherwise display in any manner the Site Content at any other web site or elsewhere without MoFuse’s written consent.

All software used by MoFuse to operate the Service is proprietary to us or to third parties, and except as may be required to use the Service in accordance with this Agreement, any use, copying, redistribution, sale, decompilation, reverse engineering, disassembly, translation or reduction of such software to human-readable form is prohibited.

The mark MoFuse™ is proprietary to us, and it may not be used in connection with any service or products other than those provided by MoFuse, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MoFuse. Any use of the MoFuse mark, or any others displayed on the Service, will inure solely to the benefit of their respective owners.

Certain types of data and analytics are generated in connection with use of the Service: (a) “User Data”, meaning any data and analytics specific to Client, including number of page views, the types of handsets of viewers of Client Mobile Sites, and the source of mobile traffic; and (b) “Aggregated Data”, meaning data generated by MoFuse in connection with this Agreement that does not identify Client, including aggregated traffic analysis, aggregated usage reports, and aggregated information about end-user access to mobile websites. MoFuse does not collect personally identifiable information from the Service. MoFuse shall make the User Data available to Client on MoFuse.com or MoFusepremium.com via a secured account and login in provided by MoFuse. As between Client and MoFuse and to the extent permitted by law: (i) Client owns and retains all rights to Client Data, and MoFuse shall use Client Data only for the purposes of this Agreement; and (ii) MoFuse owns and retains all rights to Aggregated Data. You agree, and represent and warrant, that your use or other exploitation of the Service and the Site Content, or any portion thereof, will be consistent with the licenses, covenants and restrictions in this Agreement and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to the Service, the Site Content or your use of them, and you will be solely responsible for your own individual violations of any of them.

Submissions to MoFuse Belong to MoFuse.

MoFuse is pleased to hear from you and welcomes your comments regarding the Service and Site Content. In the event that you submit ideas, suggestions, materials or other information to MoFuse, whether at the request of MoFuse or not (all of the foregoing being “Submissions”), the Submissions will be deemed, and will remain, the sole property of MoFuse. None of the Submissions will be subject to any obligation of confidence on the part of MoFuse, and MoFuse and MoFuse Affiliates (as defined below) will not be liable for any use or disclosure of any Submissions. Without limiting the foregoing, MoFuse will exclusively own all now known or hereafter existing rights to the Submissions of every kind, in perpetuity, and will be entitled to unrestricted use and other exploitation of the Submissions for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Submissions. Each of the them irrevocably and unconditionally waives and covenants not to assert any of such rights against MoFuse or its affiliates, successors, assigns, officers, directors, employees and agents (collectively, “MoFuse Affiliates”).

Warranty Disclaimers and Limitations of Liability.

If you are a Premium User who has paid all fees due, MoFuse covenants that it will deliver the Service in accordance with applicable industry standards. In the event of any breach of such covenant, or other failure or defect with respect to the Service, the sole and exclusive remedy of the Premium User, and the sole and exclusive liability of MoFuse, shall be, at MoFuse’s option (a) to re-perform the Service to remedy the defect or failure or (b) to refund the amount paid for the period during which the Service was alleged to be defective.

Except as stated in the previous paragraph, MoFuse and MoFuse Affiliates make no representations or warranties of any kind regarding the Service and the Site Content. The Service and Site Content are provided in “AS IS” condition, and MoFuse and MoFuse Affiliates EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING: ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE; THAT THE SERVICE OR THE SITE CONTENT WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR, AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE OPERATION, USE OR OTHER EXPLOITATION OF THE SERVICE OR THE SITE CONTENT, AND AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE OR THE SITE CONTENT. No advice or information, whether oral or written, obtained by you from MoFuse, any of MoFuse Affiliates or through the Service or Site Content will create any warranty not expressly stated herein.

EXCEPT AS STATED ABOVE WITH RESPECT TO PREMIUM USERS, YOU USE THE SERVICE AND THE SITE CONTENT AT YOUR OWN RISK, AND NEITHER MoFuse NOR MoFuse AFFILIATES WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATING TO ANY OF THEIR OPERATION, USE OR OTHER EXPLOITATION. You waive and covenant not to assert any claims or allegations of any nature arising from or relating to the operation, use or other exploitation of the Service or the Site Content, including any allegation or claim that MoFuse or MoFuse Affiliates has or should indemnify, defend, or hold you harmless from any claim or allegation arising from the operation, use or other exploitation of the Service or the Site Content.

UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM MoFuse OR MoFuse AFFILIATES ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING FROM OR RELATING TO THE WEB SITE OR SITE CONTENT, EVEN IF MoFuse OR MoFuse AFFILIATES HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM AGGREGATE LIABILITY OF MoFuse AND MoFuse AFFILIATES FOR ANY AND ALL DAMAGES INCURRED BY YOU SHALL BE THE AMOUNT PAID BY YOU TO MoFuse FOR THE SERVICE DURING THE PERIOD IN WHICH IT WAS ALLEGED TO BE DEFECTIVE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Your Indemnity of MoFuse and MoFuse Affiliates; Termination of Use.

You agree to indemnify, hold harmless, and at their respective options, defend MoFuse and MoFuse Affiliates from all causes of action, claims and allegations (whether threatened or pending), costs, fees, charges, and expenses (including reasonable attorneys’ and professionals’ fees), judgments, damages, losses, and liabilities arising from or relating to the breach or alleged breach of your duties or obligations under this Agreement or your use of the Service or Site Content. For any indemnified matter, MoFuse and MoFuse Affiliates will have full control of the response thereto and the defense thereof, including any agreement relating to the settlement thereof, and you will cooperate fully with MoFuse and MoFuse Affiliates in such matter.

MoFuse may, at its option, terminate any User’s access to any or all of the Service, including your password and account.

Digital Millennium Copyright Act Compliance.

MoFuse complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If any person has any complaints or objections to material posted on the Service or on any User Mobile Site hosted by the Service, you may contact our Designated Agent at the following address:

Laura Manfre
MoFuse, Inc.
545 Pawtucket Avenue
Pawtucket, RI 02860
Telephone: (866) 663-8738
Email: support@mofuse.com

Any notice alleging that materials on this Service or on any User Mobile Site hosted by the Service infringe intellectual property rights must include the following information:

Counter Notices

If material that you have posted to the Service or any User Mobile Site has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. §512 (g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following:

Link to the Privacy Policy.

MoFuse operates the Service under the PRIVACY POLICY published at [http://www.mofuse.com/legal/privacy/]. We urge you to read this policy now and, because the policy is updated from time to time, later at your convenience.

Minors.

This Service is not directed at users under the age of 13. If you are under the age of 13, you are not permitted to register as a User or send any information about yourself to us.

Links to Third Party Service Are Not Endorsements.

The Service may contains links to third-party web sites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by MoFuse. Links to merchants or advertisers are owned and operated by independent retailers or service providers, and therefore, we are unable to ensure that you will be satisfied with their products, services or business practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.

Applicable Law and Jurisdiction; Compliance.

The Service (excluding links) are controlled by MoFuse and operated by MoFuse from its offices in and around Providence, Rhode Island. Because the Service is made available by means of the Internet it is accessible in all fifty states and other countries. As each of these places has laws that may differ from those of Rhode Island and from each other, and as you and MoFuse both benefit from establishing a predictable legal environment in which to operate, use or otherwise exploit the Service, by using the Service you and MoFuse agree that all matters arising from or relating to the use and operation of the Service will be governed by the substantive laws of Rhode Island, without regard to its conflicts of laws principles. You agree that all claims you may have arising from or relating to the operation, use or other exploitation of the Service will be heard and resolved in the federal and state courts located in Rhode Island. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any object to proceeding in such courts. If you choose to gain access to the Service from locations other than Rhode Island, you will be responsible for compliance with all local laws of any such other location, and in no event will you use the Service or Site Content in violation of U.S. export laws or regulations.

Miscellaneous Provisions.

No delay or omission by MoFuse in exercising any of its rights occurring upon any noncompliance or default by you with respect to any of the terms and conditions of this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by MoFuse of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained. As used in this Agreement, “including” means “including but not limited to.” If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law. Except as otherwise expressly provided herein, this Agreement sets forth the entire agreement between you and MoFuse regarding its subject matter, and supersedes all prior promises, agreements or representations, whether written or oral, regarding such subject matter. This Agreement may be assigned by MoFuse to any successor to its business, whether by merger, change of control, or sale of all or substantially all of its assets. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a “signing” for all purposes.

Updated on February 4th, 2010

What information do we collect?

We collect information from you when you register on our site.

When ordering or registering on our site, as appropriate, you may be asked to enter your name, e-mail address, mailing address or credit card information. You may, however, visit our site anonymously.

What do we use your information for?

Any of the information we collect from you may be used in one of the following ways:

To process transactions

Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.

How do we protect your information?

We implement a variety of security measures to maintain the safety of your personal information when you place an order.

We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.

After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.

Do we use cookies?

Yes (Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.

We use cookies to understand and save your preferences for future visits.

Do we disclose any information to outside parties?

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

California Online Privacy Protection Act Compliance

Because we value your privacy we have taken the necessary precautions to be in compliance with the California Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.

Childrens Online Privacy Protection Act Compliance

We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.

Online Privacy Policy Only

This online privacy policy applies only to information collected through our website and not to information collected offline.

Terms and Conditions

Please also visit our Terms and Conditions section [http://www.mofuse.com/legal/tos/] establishing the use, disclaimers, and limitations of liability governing the use of our website at http://www.mofuse.com or http://www.mofusepremium.com

Your Consent

By using our site, you consent to our privacy policy.

Changes to our Privacy Policy

If we decide to change our privacy policy, we will update the Privacy Policy modification date below. This policy was last modified on March 2, 2009

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below.

Postal mail:

MoFuse, Inc.
545 Pawtucket Avenue
Pawtucket, RI 02860
Email: support@mofuse.com