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Terms & Conditions

THIS TERMS OF SERVICE AGREEMENT (the “Agreement”), is made between My Content Company, LLC, a Maryland limited liability company with its principal place of business at 1602 Woodling Way, Pikesville, MD 21208 (the “Company”), and any person (“You”) who uses the MCC website and/or any services provided by the Company, whether through the website or via any other means (collectively, “the Parties”).

BY CLICKING THE CHECK BOX AND ACCEPTING THE TERMS, YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND ACCEPTED ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND CONSENT TO BE BOUND BY THEM. IF YOU DO NOT WISH TO ACCEPT THESE TERMS, YOU MUST SELECT ‘CANCEL.’

  1. SCOPE OF SERVICES.
    1. DESCRIPTION OF THE SERVICES. MCC offers four services to customers: Create My Newsletter (“CMN”), Run My Social (“RMS”), Write My Blogs (“WMB”), and Build My Simple Site (“BMSS”) (collectively, the “Services”), each of which are described on the pages set forth in the above hyperlinks and incorporated by reference as if fully set forth herein.
    2. ACCESSIBILITY. You acknowledge and agree that, from time to time, MCC, its website, any website hosted through MCC, and/or any mobile application(s) or any other means of accessing or otherwise communicating with MCC or any site hosted by MCC may be inaccessible or inoperable due to (i) equipment malfunctions; (ii) periodic maintenance, upgrades, and repairs undertaken by the Company; and/or (iii) any other cause beyond the control of the Company or otherwise not reasonably foreseeable by the Company. You further agree to indemnify and hold harmless Company for any liability for any loss due to any downtime or loss in accessibility, including without limitation lost business on any website hosted by MCC. Company agrees and warrants to use reasonable efforts to minimize any downtime. Nothing in this Agreement shall be construed as to create any obligation between either Party and any third party.
  2. FEES; AUTOMATIC RENEWAL; COUPON CODES. All payments for any Service are non-refundable. Your subscription to any Service will automatically renew unless it is terminated in writing upon thirty (30) days’ notice to Company. Company reserves the right to dishonor any “coupon code” not shared with you by a Company employee.
  3. TERM. This Agreement is effective upon your acceptance of its terms by clicking the check box and shall continue in full force and effect until terminated.
    1. TERMINATION BY USER. You can terminate this agreement at any time and for any reason. Such termination ends your obligations pursuant to Paragraph 3, but all other terms of this Agreement remain in effect after termination.
    2. TERMINATION BY COMPANY WITHOUT CAUSE. Company reserves the right, in its sole discretion and without prior notice, at any time and for any reason to terminate this Agreement. Such termination without cause will entitle You to a refund of any advance fees paid for services not yet rendered, and a pro-rata share of all advance fees paid for services partially rendered.
    3. TERMINATION BY COMPANY WITH CAUSE. Company reserves the right immediately to terminate this Agreement for cause in the event You engage in any behavior set forth in Paragraph 5 below. In the event that You engage in any behavior for which the Company may terminate this Agreement for cause, such behavior shall be deemed to be a material breach of this Agreement, and Company shall be entitled to any and all remedies under this Agreement and at law in addition to termination. This paragraph is illustrative but not exhaustive of the behaviors that may constitute a material breach of this Agreement.
  4. YOUR REPRESENTATIONS. You represent and warrant to Company that: (a) You are over the age of eighteen (18) and have the power and authority to enter into this Agreement and perform all obligations hereunder, including the authority to act on behalf of and bind Your employer, if any; (b) all information provided by You to the Company (the “Information”) is truthful, accurate, and complete, including but not limited to accurate and complete mailing information; (c) You have the right, including all applicable licenses, to use and publish the Information online, including without limitation all images, photographs, text, graphics, links, logos, audio and video files, and any other work of art; (d) You agree to comply with all terms and conditions of this Agreement including, without limitation, the provisions set forth in Paragraph 5 immediately below.
  5. PROHIBITED USES GENERALLY. Company reserves the right to immediately terminate this Agreement, and cancel or suspend your account and any and all access to any Service in the event that you act in a manner that is harmful to others or to the Company. Such behavior includes, but is not limited to, the following:
    1. Engaging in activities that violate US law, or soliciting or encouraging others to break said law(s);
    2. Deliberately misleading others; e.g., by pretending to be someone else;
    3. Infringing on the intellectual property of any other person;
    4. Misuse of any Service by Misuse of the Service by requesting, utilizing, or otherwise engaging MCC to distribute any material (i) to any third party mailing list, any mailing list for which the identified parties have not consented to receive communications from You, and/or otherwise deceive MCC into preparing and/or distributing unsolicited communications (“spam”); (ii) that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content; (iii) that is defamatory, threatening, or harassing; (iv) that identifies personal and/or private information about any individual without their consent; and/or (v) for any unlawful purpose.
  6. ASSIGNMENT. Your rights and the duties under this Agreement are personal, and may not be assigned or delegated without the prior written consent of the Company.
  7. NO IMPLIED WAIVER. Company’s failure to insist on strict performance of any covenant or obligation under this Agreement, regardless of the length of time for which such failure continues, shall not be deemed a waiver of Company’s right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under this Agreement shall constitute a consent or waiver to or of any other breach or default in the performance of the same or any other obligation.
  8. CHOICE OF LAW, FORUM SELECTION AND ARBITRATION. This Agreement shall be governed by the laws of the state of Maryland, irrespective of its conflicts of laws rules. Any and all disputes arising out of, in connection with, or relating to this Agreement shall be subject to mandatory and binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), to be conducted in Baltimore County, Maryland.
  9. INDEMNIFICATION. You agree to indemnify, hold harmless, and defend Company, its directors, officers, employees, and agents from and against any action, cause, claim, damage, debt, demand, or liability, including reasonable attorneys’ fees and costs, asserted by any third party arising out of or relating to (a) this Agreement, (b) your use of any Service, including any information transmitted or received by you, (c) any claims for infringement of copyright, trademark, or other intellectual property, and (d) any unacceptable use of the Service including without limitation the behavior described in Paragraph 6.
  10. DISCLAIMER OF WARRANTY. All Services are provided “as is” without warranty of any kind, express or implied. Use of any Service is at your sole risk. Company does not warrant that the Service will be uninterrupted or error-free, nor does Company make any warranty as to any results or financial benefits that may be obtained by use of the Service. Company makes no other warranties, express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose in relation to the Service.
  11. LIMITATION OF LIABILITY. Under no circumstances shall Company be liable to you or any other person for any indirect, incidental, consequential, special, or punitive damages for any matter arising from or relating to this Agreement or the Service, including without limitation, your (a) use or inability to use any Service; (b) any changes to or inaccessibility of any Service; (c) any delay, failure, unauthorized access to or alteration of any electronic transmission or data, including the theft of credit card or other information on a website built in whole or in part by the Company; (d) any material or data sent or received or not sent or received; (e) any transaction or agreement entered into through any Service, whether such liability is asserted on the basis of contract, in tort, or otherwise. In no event shall Company’s total liability for direct damages exceed the total fees paid pursuant to Company pursuant to Paragraph 3.2. If you are dissatisfied with any Service, your sole and exclusive remedy shall be to discontinue use of the Service and terminate this Agreement in accordance with the provisions of Paragraph 4.1.
  12. OWNERSHIP OF INTELLECTUAL PROPERTY. You retail all intellectual property rights to all ideas and/or products developed in part or in whole under the terms of this Agreement. You grant to Company a non-exclusive license to use certain information in connection with Paragraph 13 below for marketing purposes
  13. PRIVACY. Company’s privacy policy, which can be found here, is hereby incorporated by reference as if set fully forth herein. Company is permitted limited use of all marketing material and plans for promotional purposes only. You hereby authorize Company to disclose Your identity as a customer of the Company for marketing purposes only.
  14. SPECIFIC SERVICES. The following additional terms and conditions apply to the specific Service(s) used by You:
    1. CMN. In preparation of Your newsletter or newsletters, each subscription fee paid entitles you to one (1) round of revisions per newsletter. Additional revisions must be negotiated with Company at additional cost. Once Company has written an article for Your newsletter, the topic cannot be changed without paying an additional fee of thirty-five dollars ($35).
    2. RMS. Company makes no representations or warranties regarding the performance of any Facebook or other social media advertisements. Posting will begin three (3) business days after receiving your login information.
    3. WMB. In preparation of Your blog or blogs, each subscription fee paid entitles you to one (1) round of revisions per blog. Additional revisions must be negotiated with Company at additional cost. Once Company has written an article for Your blog, the topic cannot be changed without paying an additional fee of thirty-five dollars ($35).
    4. BMSS. Company will assume and cover all direct costs of hosting any site created through the BMSS Service. BMSS Service entitles You to unlimited edits to the website, but not rebuilds or extra pages, which will have to be negotiated with the Company at additional cost. Subject to the provisions of Paragraph 1.2, Company will use its best efforts to make all requested site updates within two (2) business days. Although Company uses standard encryption on all e-commerce sites; you agree to indemnify and hold harmless Company for any potential loss in connection with any hacked, stolen, or fraudulent credit cards. If Your subscription is cancelled, You acknowledge that Company owns Your website, including without limitation all code and/or any other work product created by the Company. Upon cancellation, Company agrees to maintain Your website for seven (7) business days and then to archive the website for ninety (90) days pending renewal. At the expiration of the ninety (90)-day period, Company reserves the right to use, maintain, or dispose of Your website as it sees fit, including without limitation permanent deletion.
  15. GENERAL PROVISIONS.
    1. ENTIRE AGREEMENT. This Agreement, constitutes the final, complete, and exclusive statement of the agreement of the Parties with respect to the subject matter hereof, and supersedes any and all other prior and contemporaneous agreements and understandings, both written and oral, between the Parties.
    2. AMENDMENT. The Company reserves the right to change the terms of this Agreement at any time. If the changes are material, the Company will notify you via email or through a notice conspicuously posted on the Company’s website which will designate a reasonable period of time (the “Notice Period”) prior to which the changes will go into effect for all users. If You do not agree to the new terms, You can delete Your account during the Notice Period subject to the terms and conditions then in effect. If You do not delete your account within the Notice Period, You agree to be subject to and bound by the new terms and conditions after the expiration of the Notice Period.
    3. SEVERABILITY. Whenever possible, each provision of this Agreement, will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other provision or any other jurisdiction, but this Agreement will be reformed, construed, and enforced in such jurisdiction as if such invalid, illegal, or unenforceable provisions had never been contained herein.
    4. CONSTRUCTION. The Parties understand and agree that this Agreement has
      been reviewed by all Parties and that in the event any term(s) are determined to be ambiguous, the doctrine of contra proferentem shall not apply to the interpretation and construction of this Agreement.
    5. HEADINGS. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.