| Please read these Terms
of Service carefully before using any paid
services provided by Taco Truffles Media. If you are under the age of
18, your parent or guardian must accept this
agreement on your behalf.
- Introduction
- Compliance With the Law
- Hosting Services
- Prohibited Uses of Services
and Products
- General Use
- System and Network
- Billing
- Mail
- Customer Support
- Bandwidth & Utilization
- Terms and Termination
- Indemnification of Provider/Relationship
of Parties
- Security/Software
- Violation
- Confidentiality
- Refusal of Service
- Disclaimer
- Domain Registration
Agreement
- Graphic Design, Web Site
Design and Web Mastering Services
- Service Contract
- Source Material and
Content
- Reasonable Time of Completion
- Web Site Hosting
- Other Services
- Material Return Policy
- Intent and Fair Use
- Copyright and Trademarks
- Customer Contact and
Billing Information
- Online Workshops, Audio Tips
and Other Exclusive Content
- Workshops, Seminars, Mentor Sessions & Events
By using any free or fee-based service provided
by Taco Truffles Media, you, the User or registered
Member of MusicHosting.net ("you"), agree to the terms,
conditions, notices and guidelines contained
in this Terms of Service Agreement ("Agreement")
and all modifications thereto. Your continued
use of or intitiation of any of the following
services following the posting of changes
to this Agreement will signify your acceptance
of such changes. IF YOU DO NOT AGREE TO COMPLY
WITH THIS AGREEMENT, PLEASE DO NOT USE THIS
SITE OR THE SERVICES IT OFFERS.
.
.
3. Hosting Service. The
Following terms of this Section, "Section
3", of the Agreement applies to Customer
that uses any of the Company's Hosting or
related communication services, including
but not limited to Web Site Hosting, Domains
and Email Services:
3.1 Prohibited
Uses of Services and Products
In addition to the other requirements
of these Terms of Service, Customer may
only use the Services and Products in a
manner that, in the Company's sole judgment,
is consistent with the purposes of such
Services and Products. If Customer is unsure
of whether any contemplated use or action
is permitted, please contact the Company
as provided above. By way of example, and
not limitation, uses described below of
the Services and Products are expressly
prohibited.
3.2 General
3.2.1. Pornography & pornographic
related merchandising are prohibited under
all the Company's services. This includes
sites that include links to pornographic
content elsewhere. Further examples of
unacceptable content or links include
MLM and doorway pages, pirated software,
"hacker" programs, archives
of "Warez Sites", game rooms
or MUDs, IRC Bots, Egg Drop programs,
any kind of illegal software or shareware.
In addition, sites offering online gambling,
casino functionality, sportsbook betting
(including offshore), and internet lotteries
are prohibited.
3.2.2. Violations of the rights of any
Person protected by copyright, trade secret,
patent or other intellectual property
or similar laws or regulations, including,
but not limited to, the installation or
distribution of "pirated" or
other software products that are not appropriately
licensed for use by Customer.
3.2.3. Actions that restrict or inhibit
any Person, whether a customer of Company
or otherwise, in its use or enjoyment
of any of the Company's Services or Products.
3.3 System and
Network
3.3.1. Introduction of malicious programs
into the Company's network or server (e.g.,
viruses and worms).
3.3.2. Effecting security breaches or
disruptions of Internet communication.
Security breaches include, but are not
limited to, accessing data of which Customer
is not an intended recipient or logging
into a server or account that Customer
is not expressly authorized to access.
For purposes of this Section 3.3.2., "disruption"
includes, but is not limited to, port
scans, flood pings, packet spoofing and
forged routing information.
3.3.3. Executing any form of network
monitoring which will intercept data not
intended for the Customer's server.
3.3.4. Circumventing user authentication
or security of any host, network or account.
3.3.5. Interfering with or denying service
to any user other than Customer's host
(for example, denial of service attack).
3.3.6. Using any program/script/command,
or sending messages of any kind, designed
to interfere with, or to disable, a user's
terminal session, via any means, locally
or via the Internet.
3.3.7. Creating an "active"
full time connection on a Company-provided
account by using artificial means involving
software, programming or any other method.
3.3.8. Any attempt to circumvent or alter
monitoring, bandwidth tracking or utilization
reporting, or other actions which have
the effect of complicating the normal
operational procedures of the Company,
including but not limited to altering,
removing or in any way modifying or tampering
with Company created log files.
3.3.9. Any action which the Company determines,
in its own judgment, will reflect poorly
on the Company or negatively impact its
operations.
3.3.10. Any action which the Company
deems to be an unacceptable use of resources,
business practice or otherwise unacceptable
to the Company.
3.4 Billing
3.4.1. Furnishing false or incorrect
data on the order form, contract or online
application, including fraudulent use
of credit card numbers.
3.4.2. Attempting to circumvent or alter
the processes any billing procedures or
procedures to measure time, bandwidth
utilization, or other methods to document
"use" of the Company's Services
and Products.
3.5 Mail
3.5.1. Sending unsolicited commercial
email messages (UCE), including the sending
of "junk mail" or other advertising
material to individuals who did not specifically
request such material, who were not previous
customers of Customer or with whom Customer
does not have an existing business relationship
("email spam").
3.5.2. Sending UCE referencing an email
address for any domain hosted by the Company;
3.5.3. Sending UCE referencing a domain
hosted by the Company;
3.5.4. Sending UCE referencing an IP
address hosted by the Company;
3.5.5. Posting advertisements on IRC,
ICQ, or any other public chat system containing
an email address hosted by the Company,
a domain hosted by the Company, an IP
address belonging to the Company;
3.5.6. The Company will be the sole arbiter
as to what constitutes a violation of
these provisions.
3.5.7. Harassment, whether through language,
frequency or size of messages.
3.5.8. Unauthorized use, or forging,
of mail header information.
3.5.9. Solicitations of mail for any
other E-mail address other than that of
the poster's account or service with the
intent to harass or to collect replies.
3.5.10. Creating or forwarding "chain
letters" or other "pyramid schemes"
of any type.
3.5.11. Use of unsolicited email originating
from within the Company's network or networks
of other Internet Service Providers on
behalf of, or to advertise, any service
hosted by the Company, or connected via
the Company's network.
3.5.12. Activities deemed to be unsolicited
marketing efforts or otherwise harassing
in any way.
3.5.13. Customer will be charged a minimum
$300.00 service charge for each instance
of a verifiable UCE that is reported to
the Company and faces immediate account
suspension and/or termination, as well
as further penalties.
3.6 Customer Support
The Company promotes a mutually-professional
relationship with its customers. Abusive,
threatening, obscene or otherwise harassing
communications with agents of the Company,
via telephone, email, online chat or other
means will result in immediate account termination
not withstanding any other terms of this
agreement. Violation of this or any
section of this Agreement will result in
refund ineligibility.
3.7 Bandwidth
& Utilization
In addition to the other terms
of this agreement, which apply to all plans,
bandwidth and utilization, by its nature,
is subject to a number of differing and/or
additional terms.
3.7.1. The Company provides the space
and transfer limitations in good faith
to our Customers so that they may create
their Websites without the fear of running
over their Web traffic allocation.
While most Customers will use the space
and traffic for their legitimate Web site
needs, we recognize that others may try
to take advantage of our offer and use
the space and traffic in ways for which
it is not intended. In the best interests
of our Customers and in an effort to maintain
the integrity of our service, the following
common sense rules will apply:
3.7.1.1. Customer's site must use and
store only the information and data
that relates to the Website, at the
IP address provided by the Company.
3.7.1.2. Customer may not resell or
give away Web space under a domain name,
nor may Customer build Websites that
house "sub domain" Websites
on behalf of other companies, groups
or individuals. Customers who wish to
resell the Company's Web space should
utilize the Company's Reseller Program;
3.7.1.3. Customer may not use Customer's
Website to store Web pages, files or
data for other IP addresses or domain
names, nor may Customer use its Website
as a repository for file, data or "Warez
group" download transfers. The
Company reserves the right to make this
determination, in its sole and absolute
discretion;
3.7.1.4. The Company's "traffic”
and “storage" offer is to
provide the Company's customers with
storage space and bandwidth for active
Web pages and cannot be used as a "storage
space" for electronic files. An
example of sites that fall under "electronic
storage" are large archives of
images, compressed files, movies, or
sound files. The Company permits up
to 15 megabytes of archive storage,
e.g. avi or wav files, images, compressed
files, shareware, games, programs, etc..
All HTML pages MUST be linked to files
(HTML, .jpg, .gif, etc.) stored on Company's
server and vice versa.
3.7.1.5. The storage and distribution
of MP3 format files not trademarked
or copyrighted by Customer via the Company
network is prohibited.
3.7.1.6. The Company does not permit
sites where 20% or more of the monthly
traffic is from file downloads, or sites
that use more than 10% of system resources,
or sites which in the Company's view
are detrimental to the enjoyment of
the Company services by the Company's
other Customers, or are in the sole
and final judgment of the Company, detrimental
to network or business operations.
3.7.1.7. The following Monthly
Data Transfer Maximums are in place.
The Company reserves the right to bill
the Customer automatically for transfer
utilization in excess of the following
guidelines. The billable rate
is $10 per gigabyte of overage.
3.7.1.7.1. Basic Plan/Piano
150MB- The Monthly Data Transfer Maximum
for the Basic Plan is 3 gigabytes
per month.
3.7.1.7.2. WebMaster Plan/Moderato
250MB - The Monthly Data Transfer
Maximum for the WebMaster Plan is
5 gigabytes per month.
3.7.1.7.3. WebMasterDB Plan/Forte
500MB - The Monthly Data Transfer
Maximum for the WebMasterDB Plan is
7 gigabytes per month.
3.7.1.7.4. Developer Basic
Plan - The Monthly Data Transfer Maximum
for the Developer Basic Plan is 10
gigabytes per month.
3.7.1.7.5. Semi-Dedicated Plan
- The Monthly Data Transfer Maximum
for the Semi-Dedicated Plan is 20
gigabytes per month.
3.7.2. The following Mail Box Size
Maximums are in place. The Company
calculates Mail Box Size utilization by
domain name rather than by email user.
The company reserves the right to block
incoming email messages, by domain,
to Customers currently at the Mail Box
Size Maximum.
3.7.2.1. Basic Plan/Piano 150MB
- The Mail Box Size Maximum for the
Basic Plan is 1 megabyte.
3.7.2.2. WebMaster Plan/Moderato
250MB- The Mail Box Size Maximum for
the WebMaster Plan is 4 megabytes.
3.7.2.3. WebMasterDB Plan/Forte
500MB - The Mail Box Size Maximum for
the WebMasteDB plan is 10 megabytes.
3.7.2.4. Developer Basic Plan
- The Mail Box Size Maximum for the
Developer Basic Plan is 20 megabytes.
3.7.2.5. Developer Advanced Plan
- The Mail Box Size Maximum for the
Developer Advanced Plan is 30 megabytes.
3.7.2.6. Semi-Dedicated Plan - The
Mail Box Size Maximum for the Semi-Dedicated
Plan is 40 megabytes.
The Company may take whatever steps necessary
to provide its services, and to provide
for the enjoyment of such services by
all of the Company Customers, and to ensure
that certain Customers do not utilize
services to the detriment of other Customers.
Customers with Websites that do not comply
with these simple rules, or who seek to
take advantage of the Company unlimited
storage or traffic plan in any other way,
will, at the discretion of the Company,
have their sites canceled and/or removed
from the servers and have service charges
assessed at the discretion of the Company.
The Company will be the sole and final
arbiter as to Websites or usages of resources
that constitute violation or intent to
violate our policies. Those Customers
found in violation of these policies are
subject to a $300.00 service charge for
each instance of violation, exclusive
of charges for the bandwidth and/or other
resources utilized. Websites which the
Company must suspend or cancel due to
violation of these rules are not eligible
to receive a refund for unused service,
and are subject to charges for bandwidth
and usage of resources at twice the standard
rate for such resources. Acceptance of
these Terms of Services, and/or use of
Company's services constitutes an acceptance
of any fines, penalties or service charges
which might arise out of violation of
these policies.
3.8 Terms and
Termination
For the purposes of Section 3.8
of this agreement, the term "Thirty
Day Guarantee Period" shall be defined
as the period extending from the date a
Customer signs up his or her first domain
with the Company through the thirtieth (30)
day following the initial signup of the
first domain enrolled.
3.8.1. All cancellations must be received
by the Company a minimum of five (5) days
prior to the next billing date of the
domain being cancelled.
3.8.1.1. If the Customer notifies the
Company fewer than five (5) days before
the next billing date of the domain
being cancelled, the charges incurred
as a result of that renewal will not
be refunded.
3.8.1.2. Cancellations requested within
the Thirty Day Guarantee Period are
eligible for a full refund, less setup
fees and add-on-service fees which are
non-refundable. Cancellations requested
outside the Thirty Day Guarantee Period
are not eligible for a refund in part
or in full.
3.8.1.3. Cancellation requests will
only be accepted via email at info@musichosting.net. Any other form
of cancellation request in not acceptable.
3.8.2. Customer will not receive a refund
for any other reason, including but not
limited to: late cancellation, slow connection
caused by Customer's ISP/network, Customer's
ignorance, InterNIC delays, account termination
for violation of policies.
3.8.3. By submitting a credit card or
ACH information on the order form, Customer
agrees to authorize all recurring charges
to the account and any other balances
incurred due to overages of limits, additions
of extras to the account, service charges
and/or any other fees, and to be bound
to the terms of this Agreement.
3.8.4. Customer will not receive a refund
for any setup fees or any fees other than
the monthly recurring hosting fees past
the "Thirty Day Guarantee."
3.8.5. Customer will be charged a $35
domain reactivation fee for each site
suspended due to a billing-related issue.
3.8.6. Customer shall pay the fees and
other charges for Products and Services
ordered from Company as published on the
Plan
Comparison Chart at time of order.
Company reserves the right to change rates
without notice; any changes in price will
take effect upon renewal of the existing
hosting account, immediately for new purchases.
3.8.6.1. Customer agrees that the Company
reserves the right to change its fees,
features, and discount offerings and
the Customer agrees to be bound by any
changes of fee, feature, and/or discount.
3.8.7. The Company reserves the right
to terminate this agreement, and to delete
the Website from its hardware, immediately
upon the occurrence of any of the following
events:
3.8.7.1. Non payment of any charges
due from Customer;
3.8.7.2. Breach of any term or condition
of this agreement by Customer;
3.8.7.3. Commencement of any lawsuit
or proceeding against Customer arising
from or relating to its use of the Website,
whether or not such suit names the Company
as a party or seeks any recovery from
the Company.
3.8.7.4. Payment for any charges is
due at the time of signup and renewal
respectively will be automatically billed
to the customers credit card. All payments
must be in U.S. Dollars.
3.8.7.4.1.
3.8.7.5. Accounts which have
balances outstanding shall be deemed
to be in default and subject to termination
of service. Customer shall be responsible
for all costs of collection, including
reasonable attorney's fees and court
costs, in event of a default for nonpayment
of any amounts due the Company.
3.9 Indemnification
of Provider/Relationship of Parties
3.9.1. Customer agrees to indemnify and
hold the Company harmless from any lawsuit,
claim, charge, or expense, including reasonable
attorney fees and costs of defense, for
any matter arising from or relating to
Customer's Website provided hereunder.
3.9.2. Nothing contained herein shall
be deemed to create a relationship between
the Company and Customer in the nature
of a partnership, joint venture, editor/publisher
or otherwise. Both parties acknowledge
and agree that the Company has no interaction
with the data or substance of Customer's
Website, except as necessary to maintain
the Website.
3.10 Security/Software
3.10.1. Customer agrees to take all steps
reasonable, necessary, and prudent to
protect Customer's login ID and password.
3.10.2. Customer agrees not to attempt
to undermine or cause harm to any server,
software, system or customer of the Company.
3.10.3. Customer agrees to maintain Customers'
computing equipment responsibly, including
running virus software.
3.10.4. Uploading a virus to a Company
server will result in account termination,
service charges and/or prosecution.
3.10.5. Customer acknowledges that the
Company cannot provide technical support
for any software and/or script that the
Customer installs, other than variable
name changes. Customer also acknowledges
that the Company does not supply technical
support for Microsoft FrontPage, other
than initial configuration. The Company
supplies technical support for Web hosting
issues only. The Company shall be the
sole arbiter as to what constitutes a
"Web host" issue.
3.11 Violation
Any attempt to undermine or cause
harm to the Company server or another customer's
Web presence is strictly prohibited. Any
violation of the above Terms of Service
will result in grounds for account termination,
with no refunds given; the Company reserves
the right to remove any account without
prior notice. Violation of these Terms of
Service may result in legal action, service
charges or a combination thereof.
3.12 Confidentiality
Customer acknowledges that by reason
of their relationship, both the Customer
and the Company may have access to certain
products, information and materials relating
to the other party’s business, which
may include business plans, customers, software
technology, and marketing plans that are
confidential and of substantial value to
either party, respectively, and which value
would be impaired if such information were
disclosed to third parties. Consequently,
both the Company and the Customer agree
that it will not use in any way for its
own account or for the account of any third
party, nor disclose to any third part, any
such information revealed to it by either
party, as the case may be.
The Customer and the Company further agrees
that each will take every appropriate precaution
to protect the confidentiality of such information.
In the event of termination of this agreement,
there shall be no use or disclosure by either
party of any such confidential information
in its possession, and all confidential
documents shall be returned to the rightful
owner, or destroyed. The provisions of this
section shall survive the termination of
the agreement for any reason. Upon any breach
or threatened breach of this section, either
party shall be entitled to injunctive relief,
which relief will not be contested by the
Customer or the Company.
3.13 Refusal
of Service
3.13.1. The Company reserves the right
to refuse or cancel service in its sole
discretion with no refunds.
3.13.2. If any of these Terms of Service
are failed to be followed it will result
in grounds for immediate account deactivation.
3.14 Disclaimer
3.14.1. USE OF THE COMPANY’S SERVICES
AND PRODUCTS IS AT CUSTOMER’S SOLE
RISK. NEITHER THE COMPANY NOR ITS EMPLOYEES,
AGENTS, RESELLERS THIRD PARTY INFORMATION
PROVIDERS, MERCHANTS LICENSERS OR THE
LIKE, MAKE ANY WARRANTIES, INCLUDING ANY
IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, THAT
THE COMPANY’S SERVICES AND PRODUCTS
WILL NOT BE INTERRUPTED OR BE ERROR FREE;
NOR DO THEY MAKE ANY WARRANTY AS TO THE
RESULTS THAT MIGHT BE OBTAINED FROM THE
USE OF THE COMPANY’S SERVICES AND
PRODUCTS OR AS TO THE ACCURACY, OR RELIABILITY
OF ANY INFORMATION SERVICE OR MERCHANDISE
CONTAINED OR PROVIDED THROUGH THE COMPANY’S
SERVICE, UNLESS OTHERWISE EXPRESSLY STATED
IN THIS AGREEMENT. THIS INCLUDES LOSS
OF DATA, WHETHER RESULTING FROM DELAYS,
ON DELIVERIES, WRONG DELIVERY, AND ANY
AND ALL SERVICE INTERRUPTIONS CAUSED BY
THE COMPANY AND ITS EMPLOYEES OR OTHER
CAUSES.
3.14.2. THE SOLE CUMULATIVE LIABILITY
OF THE COMPANY FOR ALL CLAIMS MADE BY
THE CUSTOMER, OR ANY OTHER PARTY, REGARDLESS
OF FORM, INCLUDING ANY CAUSE OF ACTION
BASED ON CONTRACT, TORT OR STRICT LIABILITY,
SHALL NOT EXCEED THE TOTAL AMOUNT OF ALL
FEES AND CHARGES PAID TO THE COMPANY BY
THE CUSTOMER.
3.14.3. The Company reserves the right
to revise or change these Terms of Service
at any time.
3.14.4. This Agreement shall be governed
in all respects under the laws of the
State of Arizona applicable to contracts made,
accepted and performed wholly in Arizona, without application to principles
of conflict of laws, and the Customer
and the Company agree that the sole venue
and jurisdiction for any disputes arising
from this Agreement shall be the appropriate
federal or state court located in the
City of Goodyear, AZ.
3.15 Domain Registration
Agreement
For domain name registrations obtained
by the Customer through the Company, in
addition to this Agreement and notwithstanding
any other term of this Agreement, you agree
to be bound by the terms and conditions
of the Registration Agreement of Aplus Net,
Inc. ("APN") as amended from time
to time (the "APN Agreement")
and which may be viewed at http://www.names4ever.com/,
and you agree to be bound by all policies
of and all agreements between APN and the
Internet Corporation for Assigned Names
and Numbers or Network Solutions, Inc. as
amended from time to time. Without
limiting the generality of the foregoing,
you agree that any dispute with respect
to your domain name will be subject to the
provisions of the domain dispute policy
located at http://www.names4ever.com/ as
such policy is amended and revised from
time to time.
3.15.1. Customer acknowledges that all
fees billed for domain registration will
be billed directly to the Customer's credit
card by Taco Truffles Media and that
3.15.2. By registering a domain name
through the Company, the Customer is establishing
a relationship with APN separate from
the Company and this Agreement.
3.15.3. The Company is the domain name
hosting business. All customer accounts
are setup with the understanding that
the Customer will transfer authoritative
DNS control of the domain hosted to the
Company, i.e., the Company requires the
Customer to update the domain name registration
of any domain hosted by the Company
to list the Company's domain name servers
as the hosting entity. The Company
does not provide extended access to its
network through non-authoritative DNS
means for any purpose other than initial
account setup. Third-level domains
are provided for 30 days after account
creation and may not be used as a primary
means of access to an assigned web space.
4. Graphic Design,
Web Site Design and Web Mastering Services
For the purposes of Section
4 of this agreement, the term "Design"
shall be defined as the services performed
by Taco Truffles Media on a contractual basis.
The Following terms of this Section, "Section
4", of the Agreement applies to Customer
that uses any of the Company's Design or related
services, including but not limited to Web
Site Design, Graphic Design, Web Mastering
and Site Maintenance.
4.1 Service Contract
No service will be performed until full
payment and all required materials as outlined
in Company Checklist, provied by the Company
representative upon intiation of Design
services, are received and a provided copy
of this Service Agreement is returned completed
and signed.
4.2 Source Material
and Content
Company is not responsible for any materials
that are damaged by mail or corruption of
files through electronic transfer. It is
industry practice to retain copies of your
materials at your location in case they
are lost or damaged. Company will not issue
any refund or credit for lost or damaged
submissions.
4.2.1. Packages sent in flat envelopes
have a tendency to arrive damaged. All
mailed materials must be sent in a single
box, as USPS Priority Mail. Packages sent
through Airborne Express, United Parcel
Service ("UPS"), or any other
carrier will not be accepted.
4.2.2. Any materials received after the
initial submission of the project will
be considered additional work for hire
and will incur additional Design fees.
4.2.3. Communication with third parties
(Graphic Designers, Other ISPs, Web Masters,
etc.) on your behalf will incur additional
fees. Company is not responsible for any
delays caused by missing or additional
services provided by third parties. Company
is not responsible for any fees generated
by 3rd party services or Agents.
4.2.4. All materials submitted by Customer
or any 3rd Party Agent, on behalf of Customer,
are assumed to be accurate and complete.
Requested changes to Customer materials
after initial submission will incur additional
fees for HTML and/or Graphic Design work.
4.2.5. If supplied materials are not
to Company specifications (as outlined
in the Company
Project Submission Guidelines), or
are otherwise substandard, your project
will be delayed and there may be additional
charges for services rendered to complete
the project. Additionally, incomplete
submissions may incur additional charges.
4.3 Reasonable
Time of Completion
Upon initiating Design services, 15 business
days is the Reasonable Time of Completion.
This period begins when payment is received.
Company does not guarantee time of completion
and can extend the period of Reasonable
Time of Completion at its sole discretion.
4.3.1. If Customer is not satisfied by
the end of this period, only 50% of the
full amount will be refunded. All materials
provided by the Customer will be returned
only by request. Both parties will also
consider the project unusable and agree
not to use any part of the project for
commercial or promotional use.
4.3.2. If 30 days from the initiation
of Design Services all of the required
materials are not received, full payment
is forfeit by Customer and the project
will automatically be considered completed
by Company and Customer.
4.4 Web Site
Hosting
Web Site Hosting is optional and
is not included with any Design services.
If Customer requires Company to provide
Web Hosting, the first month and any set
up fees are waived as a courtesy. By using
Company's Hosting Services, Customer accepts
the Terms of Service as outlined at the
Company web site: http://www.MusicHosting.net/legal. Customer is also responsible
for hosting fees after the free trial period
is over. Additional terms apply:
4.4.1. Any fees pertaining to redirecting
or reserving a Domain Name(s) are not
included, as such services are provided
by a third party.
4.4.2. Customer is responsible for renewing
and paying any fees to maintain ownership
of Domain Name(s).
4.5 Other Services
Web Mastering, Site Maintenance and any
future Re-Design of project to be produced
are not included. In addition to the other
terms of Section 4, which apply to all Design
services, by its nature, is subject to a
number of differing and/or additional terms.
4.5.1. Support of customer created scripts
and files, and/or modifications by Customer
or 3rd Party Agent/Web Master to files
developed/created by Company are not included
in the scope of this agreement.
4.5.2. Education, Training, Software
and Computer support are not included
as any part of Company Services. However,
online documentation and support areas
are provided free of charge at the Company
site.
4.6 Material
Return Policy
4.6.1. Company will not return any materials
unless requested by Customer at the time
of submission (Phase I). Upon this request,
materials must be clearly marked or tagged
"return" with an enclosed list.
4.6.2. Company will provide a CD-ROM
of produced web site and any additional
materials created to finish the project,
for a nominal one-time material fee.
4.6.3. Company will only archive the
project created and all digital files
created to complete the project free of
charge. This archive is stored onsite.
All other materials will be destroyed.
4.6.4. Only at the request of the Customer,
Company will archive all materials for
a nominal annual fee.
4.7 Intent and
Fair Use
4.7.1. Customer agrees to use created
project only for the promotion and sale
of related products to Artist - i.e. CDs
& Merchandise. MP3 files and other
downloads for sale, and FTP or Software
Archives are not considered fair use.
The Company Terms of Service is also binding
and covers additional points of fair use
pertaining to Company hosting the Customer's
web site. See Section 3 of this Terms
of Service document for full explanation.
4.7.2. Customer agrees to follow and
enforce the Terms of Use and Privacy Polices
that are contained within their own web
site, as provided by Company. Customer
agrees not to post or make available for
download photos or any other media pornographic
in nature, whether or not in a password
protected section of their web site. Company
will be the sole arbiter in determining
what is in violation of this policy and
will terminate service without refund
or notice to Customer if a violations
occurs.
4.7.3. Customer agrees to uphold COPA
(Child Online Protection Act) and other
similar laws, by preventing access to
materials and any interactive areas that
may be considered harmful, dangerous or
otherwise offensive, to Parents of children
under the age of 18. The splash and/or
home page on Customer web site must be
visibly marked with the "Parental
Advisory" mark if Customer site contains
said material. The site must also contain
age verification or a mechanism to obtain,
in writing, permission from Parents, before
granting access to said materials and
interactive areas to underage visitors.
4.7.4. Company is not responsible for
any Legal action or fees that are caused
as a result of any violation of this Agreement.
Customer will be held solely responsible
for any violation of this policy.
4.8 Copyright
and Trademarks
4.8.1. Domain names are the intellectual
property of the Customer.
4.8.2. Customer Copyrights and Trademarks
will remain the property of the Customer.
4.8.3. Company is not responsible for
any materials provided that are not rightfully
owned, copyrighted or trademarked by the
Customer, as stated in the Millennium
Copyright Act of 1999.
4.9 Customer
Contact and Billing Information
4.9.1. In order to help Company provide
better Customer Service and accurate billing,
Customer must provide current and truthful
contact information upon initiation of
any service.
4.9.2. Any fraudulent information provided
by Customer will result in termination
of service without notice and forfeits
any refund for unused services.
4.9.3. Customer is responsible for keeping
current contact and billing information
with Company. Company is not responsible
for any lapse in service or billing errors
caused by fraudulent or incorrect Customer
information.
4.9.4. After an initial 15-day grace
period, Company will apply a 5% late fee
to any unpaid, past due, or delinquent
accounts on a month-by-month basis.
5. Online Workshops
and Other Paid Access to Exclusive Content
For the purposes of Section 5 of
this agreement, the term "Exclusive Content"
shall be defined as Online Workshops and Paid
Access to Exclusive Content.
The Following terms of this Section, "Section
5", of the Agreement applies to Customer
that pays for access, including but not limited
to Online Workshops, Audio Tips, Articles,
and other Exclusive Content.
* You can listen to the audio workshops
on the MusicHosting.net site as much as you like during
a 30 day period from when your Activation
Notice is emailed to you, unless otherwise
noticed.
* You may only access Exclusive Content
on the same computer and web browser you
activated your account from.
* Any offers in conjunction with paid access
to Exclusive Content, including but not
limited to consulting and written critiques
are subject to change and must be initiated
by thee Customer within the 30 day period
Customer subscribes or signs up for Exclusive
Content. Critiques are emailed or faxed
to Customer only.
* Customer's free pass is valid to one
of any Company sponsored offline event,
workshop or conference. This free pass is
in the Customer's name and cannot be transferred
or sold to any third party and is only valid
up to one year.
* There are no refunds under any circumstances
to Exclusive Content.
*If you signed up for web hosting as part
of a special offer, you agree to the Hosting
Terms of Service as posted at this site
(http://www.MusicHosting.net/legal). Customer is responsible
for transferring any existing domain(s)
and existing site(s) to the appropriate
servers. There is no set up fee for hosting.
However, additional fees may apply if you
need assistance transferring your files,
secondary domains, URL and email forwarding
services.
6. Workshops, Seminars, Mentor Sessions & Events
For the purposes of Section 5 of
this agreement, the term "Attendee," "Attendees" or "Registrant" shall be defined as any Customer and all other members of Customer's group that are registered for an "Event." The term "Event"
shall be defined as any Workshop, Seminar, Mentor Session held in person and attended by Registrants. Please note that a "Registration" is an application to attend any Event and does not guarantee admission.
The Following terms of this Section, "Section
4", of the Agreement applies to any Event attended by Customer and
fellow Registrants, whether Registration and Payment are processed through this web site, by phone, fax, email or postal service.
6.1 Personal Conduct:
We reserve the right to remove and exclude any attendee for disruptive behavior, and/or verbal or physical abuse for the remainder of the event, without refund.
6.2 Notice of Liability:
During the course of any Event, Staff is not responsible for any theft, damage or loss to personal items/equipment. Staff is not responsible or liable for any injury or legal actions that result from your behavior at this event.
6.3 Identification:
All attendees must visibly wear their badge, while attending all conference events – Workshops, Mentor Sessions, Critiques and Exhibit Hall.
6.4 Replacement Badges:
If you loose your badge, a new one may be issued under the same name for $25. A second occurrence will result in an additional $75 charge.
6.5 Recording:
No recording of any kind is permitted during any sponsored Events, Workshops, Critiques and Mentoring Sessions, you will be removed immediately without question and agree to pay a fine of $5,000.
6.6 Note Taking:
All attendees agree not to trade, sell or distribute freely in any form, whether physical or electronic, any notes taken during any workshop, seminar, conference or sponsored event. Any violation will result in banning from future events and Attendee agrees to pay a fine of $5,000 for each occurrence.
6.7 Promotion: All attendees are encouraged to promote their music to every attendee, exhibitor, staff or speaker at this event. However, you are restricted from selling any item or services related or unrelated to your music career unless you have registered as an exhibitor for the conference. If we are notified that you are trying to promote or solicit any of the aforementioned services you will immediately forfeit your pass and will be removed from the seminar.
6.8 Badge Use:
Only people who are registered for the conference may attend the events and perform in the live show critiques. You are not allowed to give your badge to anyone to attend any event function or performance. If you do, you will forfeit your badge for the remainder of the conference.
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