1. Account Eligibility

A. By registering for or using the Services, you represent and warrant that:

i. You are eighteen (18) years of age or older. The Services are intended solely for

Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.

ii. If you use the Services on behalf of another party/company you agree that you are authorized to bind such other party to this Agreement and to act on such other party/company’s behalf with respect to any actions you take in connection with the Services.

B. It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. MINT is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please contact MINT’s office to update your contact information. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.

C. You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.

D. Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.

2. Transfers

Website Transfer

Our MINT Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases, we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date. Transfers outside of the thirty (30) day period will incur a charge; please contact our Client Relations Executive to receive a price quote. In no event shall MINT be held liable for any lost or missing data or files resulting from a transfer to or from MINT. You are solely responsible for backing up your data in all circumstances. For any transfer-out from MINT will incur a B$50.

Domain Transfer

For domains that are not originally registered with MINT, there will be a B$25 fee to either transfer the domain into our registration platform, or to transfer-out to another registrar. If your domain is not registered with MINT, DNS management and troubleshooting tasks are billable at our hourly rate.

Hosting Transfer

If you wish to transfer your hosting to another hosting provider, MINT can, upon request, download your site and mail it to you. The cost for this service is B$50 per copy. FTP access to your site is not available for transfer purpose.

3. MINT Content

A. Except for User Content (as defined below), all content made available through the Services, including images made available through website builder tools provided by MINT (the “Licensed Images”), designs, templates, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively with the Licensed Images, “MINT Content”), are the property of MINT or its licensors. No MINT Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from any MINT Content.

B. To the extent applicable, you are granted a limited, revocable, non-sublicensable, license to use the Licensed Images solely in connection with the Services. You are prohibited from using any Licensed Images: (i) with pornographic, defamatory, or unlawful content or in such a manner that infringes upon any third party’s trademark or intellectual property rights; (ii) as a trademark, service mark, or logo; and (iii) portraying any person depicted therein (a “Model”) in a way that a reasonable person would find offensive, including but not limited to depicting a Model: (a) in connection with pornography, “adult videos”, adult entertainment venues, escort services, dating services, or the like; (b) in connection with the advertisement or promotion of tobacco products; (c) as endorsing a political party, candidate, elected official, or opinion; (d) as suffering from, or medicating for, a physical or mental ailment; or (e) engaging in immoral or criminal activities.

C. Any use of MINT Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any MINT Content. All rights to use MINT Content that are not expressly granted in this Agreement are reserved by MINT and MINT’s licensors.

4. User Content

A. You may be able to upload, store, publish, display and distribute information, text, photos, videos, emails, and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to MINT that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.

Solely for purposes of providing the Services, you hereby grant to MINT a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, MINT does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.

B. MINT exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through MINT’s computers, network hubs and points of presence or the Internet. MINT does not monitor User Content. However, you acknowledge and agree that MINT may, but is not obligated to, immediately take any corrective action in MINT’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that MINT shall have no liability due to any corrective action that MINT may take.

5. Compliance with Applicable Law.

A. You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules regarding User Content, User Websites, online activities, email and your use of the Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the Brunei Darussalam or the country in which you reside. The Services are controlled and operated by us from our office within Brunei Darussalam and we make no representation that the Services are appropriate or available for use in other locations. Those who access the Services from other locations do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations. We do not offer the Services where prohibited by law

6. Third Party Products and Services

A. Third Party Providers

MINT may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.

MINT does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. MINT is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.

B. MINT as Reseller or Licensor

MINT may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services (“Non-MINT Products”). MINT shall not be responsible for any changes in the Services that cause any Non-MINT Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-MINT Products, either sold, licensed or provided by MINT to you will not be deemed a breach of MINT’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-MINT Product are limited to those rights extended to you by the manufacturer of such Non-MINT Product. You are entitled to use any Non-MINT Product supplied by MINT only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-MINT Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-MINT Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.

C. Third Party Websites

The Services may contain links to other websites that are not owned or controlled by MINT (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.

7. Account Security and MINT Systems.

A. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password.

B. The Services, including all related equipment, networks and network devices are provided only for authorized customer use. MINT may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.

C. Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. MINT may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.

D. Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by MINT of an issue, we reserve the right to leave access to services disabled.

E. MINT reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.

8. Compatibility with the Services

A. You agree to cooperate fully with MINT in connection with MINT’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, MINT is not responsible for any delays due to your failure to timely perform your obligations.

B. You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by MINT to provide the Services, which may be changed by MINT from time to time in our sole discretion.

C. You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. MINT does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.

9. Billing and Payment Information

A. Prepayment

It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.

B. Autorenewal

Unless otherwise provided, you agree that until and unless you notify MINT of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.

C. Invoices

All invoices must be paid within thirty (30) days of the invoice due date. Any invoice that is outstanding for more than thirty (30) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, MINT may suspend or terminate your account and pursue the collection costs incurred by MINT, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. MINT will not activate new orders or activate new packages for customers who have an outstanding balance on their account.

Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. If you make a late payment we do not automatically reactivate the dedicated servers. Contact MINT directly after you make a late payment to reactivate the dedicated server.

D. Domain Payments

Domain renewal notices are provided as a courtesy reminder and MINT is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. Domain renewals are billed and renewed sixty (60) days before the renewal date.

10. Cancellations and Refunds

A. Cancellation Process

You may terminate or cancel the Services by giving MINT written notice of thirty (30) days. In such event you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such notice.

Once we receive your cancellation notice and have confirmed all necessary information with you via email, we will inform you by typically email that your account has been cancelled.

We require all cancellations to be done either by letter or email in order to (a) confirm your identity/company, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.

Cancellations for shared and reseller accounts will be effective on the account’s renewal date.

B. Domains

Domain Renewals

Domain renewals are billed and renewed sixty (60) days before the renewal date. It is your responsibility to notify MINT’s Finance department to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.

C. Termination

MINT may terminate your access to the Services, in whole or in part, including deletion or confiscation of all files, content, and/or domain name registrations, without notice in the event that: (i) you fail to pay any fees due hereunder to MINT; (ii) you violate the terms and conditions of this Agreement;

(iii) your conduct may harm MINT or others, cause MINT or others to incur liability, or disrupt MINT’s business operations (as determined by MINT in its sole discretion); (iv) you are abusive toward MINT’s staff in any manner; or (v) for any other lawful reason, including to comply with applicable law, or as otherwise specified in this Agreement. In such event, MINT will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.

UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.

11. Reseller Terms and Client Responsibility

A. Resellers shall ensure that each of their clients complies with this Agreement.

B. Resellers are responsible for supporting their clients. MINT does not provide support to clients of MINT’s resellers. If a reseller’s client contacts MINT, MINT reserves the right to place a reseller client account on hold until the reseller can assume responsibility for the reseller’s client. All support requests must be made by the reseller on its client’s behalf for security purposes.

C. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. MINT will hold any reseller responsible for any of their client’s actions that violate the law or this Agreement.

D. MINT is not responsible for the acts or omissions of our resellers. The reseller hereby agrees to indemnify MINT from and against any and all claims made by any User arising from the reseller’s acts or omissions.

E. MINT reserves the right to revise our Reseller Program at any time. Changes shall take effect when posted online or on any subsequent date as may be set forth by MINT.

F. Resellers in the MINT Reseller Program assume all responsibility for billing and technical support for each of the Users signed up by the reseller.

12. Dedicated Servers

MINT reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is your responsibility to ensure that there is a valid email address and current root password on file for your dedicated server to prevent downtime from forced password resets. MINT reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us. It is your responsibility to maintain backups. Dedicated servers that have invoices outstanding for more than thirty (30) days may be subject to deletion which will result in the loss of all data on the server. MINT will not be liable for any loss of data resulting from such deletion.

13. Price Change

MINT reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days notice before charging you with any price change on any annual or longer term plans. It is your sole responsibility to periodically review billing information provided by MINT.

14. Limitation of Liability

In no event will MINT’s Directors or employees be liable to you/your company or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost of profits or lost data arising from your use of the services, even if MINT is aware or has been advised of the possibility of such damages.

15. Indemnification

You agree to indemnify, defend and hold harmless MINT, our affiliates, and their respective directors and employees (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable legal fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.

16. Disclaimer

MINT shall not be responsible for any damages your business may suffer. MINT makes no warranties of any kind, expressed or implied for the Services. MINT disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by MINT or our employees.

17. Backups and Data Loss

Your use of the Services is at your sole risk. MINT’s backup service runs once a week and overwrites any of our previous backups. Only one week of backups are kept at a time. This service is provided only to shared and reseller accounts as a courtesy and may be modified or terminated at any time at MINT’s sole discretion. MINT does not maintain backups of dedicated accounts. MINT is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on MINT’s servers.

18. Disclosure to Law Enforcement

MINT may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.

19. Entire Agreement

This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.

20. Changes to the Agreement or the Services

A. MINT may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the MINT website for at least thirty (30) days after the changes are posted. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.

B. MINT reserves the right to modify, change, or discontinue any aspect of the Services at any time.

21. Force Majeure

A. MINT shall not be liable or deemed to be in breached of this signed quotation for any failure or delay in the supply or delivery of services where such failure or delay is wholly or partly due to any cause or circumstance whatsoever outside the reasonable control of MINT. Where Client’s artwork/brand display has been published/ displayed/ installed/ printed or production has started, the Client is to pay in full the total amount of this quotation for the product/services rendered. MixMedia will not be held responsible for any published/displayed work that has not garnered any traffic/audience. MixMedia shall not be liable to replace or extend any publication/ display/ subscription/ rental of advertising space period based on the number of days lost during Force Majeure.

B. Such circustance includes, but not limited to, war, disruption of MINT utilities or infrastructure as the result of extreme weather events, natural disasters, epidemic or pandemic, public health emergency, disease outbreak, national emergency, strikes, lockouts, industrial disputes or unrest, government restrictions or transport delays, fire, power outages, failure attributable to hosting suppliers, breakdown of plant, theft, vandalism, riots, civil commotions, accidents of any kind or act of terrorism.

22. Website/Application Maintenance

There are no required maintenance fees other than domain registration and hosting. Most people do some work on their site every year, for which we offer several plans. We can make certain parts of the site updatable to you by implementing a custom Content Management System, or installing a blog. For work we do on the site after going live, we charge on an hourly basis. If you expect that maintenance will be a regular occurrence, you can buy a prepaid maintenance contract that affords a discounted hourly rate. If need be, we can customize a maintenance plan for your particular needs, but no plan is required.

23. Website/Application Maintenance Payment Obligations

Depending upon the nature of the website changes, prepayment may be required. Should the client be invoiced after the changes are completed, the invoice is due upon receipt. If payment is not received within 30 days, an interest of 5% per month will be charged for overdue maintenance.

Development Process

1. Homepage Design

Once the site design is approved by the client, usually via email consent, the design is considered ready for implementation. Should the client wish to make changes to a design they have approved, those changes are billable at our standard hourly rate.

2. Navigation

Once site outline/map is approved by the client, usually via email consent, the site navigation is considered ready for implementation. Combined with the approved graphic design, this becomes the site structure. Once we build this structure per client approval, any subsequent changes are billable at our standard hourly rate.

3. Content

Provision of content is the client’s responsibility, unless specifically negotiated ahead of time as part of the project proposal.

Text content

Copy for all website pages and links needs to be delivered digitally and should be carefully proof-read by the client. Two rounds of revisions will be provided free of charge. Subsequent revisions will be billable at our regular hourly rate.

Content development

Should clients wish MINT to develop content for the site, the website copy is billable at our regular hourly rate. Development of copy is accomplished via MINT Web. Development interviewing the client about the topic areas to be addressed on their web pages. MINT then composes appropriate copy, submits to the client for review, edit, and approval. Approved copy is then posted to the web pages.

Graphical content

Images outside of the website design must be provided in digital form or in a form that can be easily scanned, unless otherwise provided for in the client’s contract. Subsequent revisions will be billable at our regular hourly rate.

4. Database Implementation

Entry of data for database applications is considered client’s responsibility. Entry of data by MINT is billable, unless otherwise provided for in the client’s contract.

5. Email

We offer free domain-based email accounts to our clients as part of any hosting contract. If site is not hosted by MINT, we take no responsibility for setting up and troubleshooting email problems.

6. Training

For websites with administrative control panels or content management systems, one (1) two-hour training sessions will be provided.

7. Technical Support

We offer local and long-distance phone support to our clients. We do not normally bill for technical support depending on the source of the problem, its severity, and our time invested. If MINT is not the source of the problem, technical support may be billable.

Training and Tutorials

All of our projects include a one-time complimentary training session in order for our clients to better make use of their new web technology as part of our customer service. Additional training hours can be purchased at our standard hourly rate or applied against your existing maintenance contract.

Sites NOT Hosted by MINT

Should client decide to host their site on another server, MINT cannot guarantee that all elements of the site will work. MINT will make a reasonable effort to research the problem on the foreign platform to let the client know what we think the problem is. However, we cannot take responsibility for problems caused by or on another hosting server, including but not limited to email, FTP, SSL, database, server software, and site security issues. If MINT believes it will take a significant amount of time to fix the problem, we will advise the client before proceeding. In most cases, fixing problems on a foreign hosting server is billable.

Websites/Applications with Proprietary Source Code

Should client contract with MINT to write custom code for a website/mobile application, this code is not transferable to a new developer or host. Custom written source code is considered the property of MINT and cannot be shared with other developers. Clients are granted amlicense to use custom software code while on MINT servers only. MINT Web/App Development retains ownership of the code.