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************************************************************** 1. ACCEPTANCE OF TERMS OF SERVICE 1. As a precondition and requirement to use the services available via Allied Media Web Design hereby referred to as Allied Media LLC, you, for yourself and for the company or other person(s), if any, you represent ("Subscriber" or "Subscribers", as applicable), hereby accept and agree to be legally bound by these Terms of Service ("Terms"). These Terms are effective immediately between the Subscriber and Allied Media LLC, its subsidiaries and affiliates ("Allied Media LLC"). Each Subscriber is subject to these Terms, and by using Allied Media LLC's services, network and/or systems (collectively the "Services"), Subscriber agrees to be legally bound by and subject to all terms and conditions contained in these Terms, including as well all usage policies and other policies herein. To the extent not inconsistent therewith, these Terms are also incorporated into the individual service agreement, if any, of each Subscriber. 2. Subscriber represents and warrants that, if an individual, Subscriber is at least 18 years old and otherwise legally competent in all respects to, or, if an entity, Subscriber is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing, as applicable, and possesses all legal authority and power to accept and be bound by these Terms. Additionally, Subscriber represents and warrants that neither it, she, or he (as applicable), nor any entity it, she or he represents, is prohibited under any part of section 13 of these Terms from registering or signing up with or otherwise subscribing to or receiving any of the Services from Allied Media LLC. Further, Subscriber represents and warrants all information provided by Subscriber to Allied Media LLC has been and is complete, accurate, and current, and that Subscriber shall continue to provide complete, accurate and current information to Allied Media LLC in connection with all registration or renewal processes and further agrees to update all such information as necessary to maintain complete, accurate and current information. Although subscribers of paid services offered through Allied Media LLC must be at least 18 years of age and otherwise legally competent to accept and be legally bound by these Term, a parent or legal guardian of a minor may obtain an account on the minor's behalf, and by doing so, consents to such minor's use of the Services. Subscribing parents and legal guardians each for herself or himself, as applicable, accept and agree to be legally bound by these Terms, and assume full responsibility and liability associated with any failure of compliance with the Terms in connection with said minor's use of any of the Services. 3. Allied Media LLC intends to provide the best possible web hosting service to each of its Subscribers. Allied Media LLC is also dedicated to staying abreast of new and available technologies that will better serve our Subscribers. However, due to changing technologies, changing laws and the individual and collective needs of our Subscribers, Allied Media LLC reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice. 4. Subscribers may view the most current version of these Terms at www.alliedmediacorp.com/terms.html . Any use of the Services by Subscriber, after changes, modifications, additions or deletions to these Terms are posted on the Allied Media LLC website, shall constitute Subscriber's acceptance of all such changes, additions, modifications or deletions. If a Subscriber does not agree to any such alterations to these Terms, the Subscriber's sole and exclusive remedy is to cancel the Subscriber's account as set forth in Paragraph 3 below. 5. Notwithstanding Allied Media LLC's right to alter these Terms without prior notice, Allied Media LLC may, within its sole discretion and as a courtesy to all affected Subscribers, make an effort to provide Subscribers with 7 days advanced notice of any alteration of these Terms if it appears to Allied Media LLC, in its sole discretion, that said alteration may materially and adversely impact said Subscriber's use of the Services. 6. If Subscriber is registering a new domain name with Allied Media LLC, or using or transferring a previously registered domain name in conjunction with Subscriber's use of the Services, Subscriber hereby acknowledges and agrees that Subscriber's use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN") and the Domain Registration Agreement and has read the Registrant Rights and Responsibilities located at http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm. 2. TERM - PAYMENT - RENEWAL OF HOSTING ACCOUNT AND OF DOMAIN 1. Term of Service. The term of Subscriber's subscription to the Services commences upon Subscriber's acceptance of these Terms and terminates as set forth in Paragraphs 2.05 and 3.01. 2. Payment. Subscriber agrees to pay all applicable fees for Services in effect at the time of sign-up registration and/or renewal, subject to these Terms. Subscriber agrees to update and keep current all of Subscriber's billing information, email and all other contact information. It is the Subscriber's responsibility to verify that the information submitted is accurate to insure proper billing and continuity of services. Allied Media LLC may use Merchant Updater Services to receive updated billing information from participating providers. 3. Automatic Renewal of Hosting Account. As a courtesy and not as an obligation (contractual or otherwise), fifteen (15) days prior to the expiration of Subscriber's Hosting Account/ Domain(s) Allied Media LLC will automatically renew Subscriber's Annual Hosting Account by billing the applicable fee, monthly or annually, for the non-promotional rate to Subscriber's current method of payment on file. The initial term of this Agreement shall be renewed annually as set forth Paragraph 3.01(1) and 3.01(6) (the "Initial Term"). The Initial Term shall begin upon commencement of the Services to User, and after the Initial Term, this Agreement shall continue for successive periods (or renewal period) of equal length as the Initial Term or such other Term and price that shall be set forth in a notice to the customer. In the case of insufficient funds we will attempt to collect at a partial term quantity ( not changing your current term) to continue service as per contract. Additionally after the initial Term, you acknowledge, agree and authorize us to automatically bill and/or charge on your credit card for successive or renewal periods, unless terminated or cancelled by either party as provided in this section. The Initial Term and all successive renewal periods shall be referred to, collectively, as the "Term". 4. Automatic Renewal of Domain(s). As a courtesy and not as an obligation (contractual or otherwise), fifteen (15) days prior to the expiration of Subscriber's domain, if registered thru Allied Media LLC (or one of its Affiliates), or if transferred to and registered with Allied Media LLC (or one of its Affiliates), Allied Media LLC will automatically renew Subscriber's domain and hosting plan, by billing the applicable fee to Subscriber's current method of payment on file. Subscriber acknowledges and confirms that the obligation to renew his/her/its Domain(s) is solely and exclusively the responsibility of the Subscriber, and is not the obligation (contractual or otherwise) of Allied Media LLC. Subscriber hereby releases Allied Media LLC from any and all liability for failure for any reason to renew said Account or said Domain(s). Subscriber acknowledges that there may be many reasons why Allied Media LLC is unable to renew said Account or Domain, including but not limited to inability of Allied Media LLC, for any reason, to bill said renewal to Subscriber's method of payment on file, to contact or otherwise get response from Subscriber at the email address on file, or otherwise. Subscriber acknowledges that said Hosting Account and/or Domain, if not renewed, for whatever reason, will expire on the Account or Domain Expiration Date, as applicable. In the event that a Domain expires, Allied Media LLC will hold the expired Domain for up to 30 days as a courtesy and not as an obligation (contractual or otherwise). 30 days after expiration, the Domain will be placed in Redemption. During the Redemption period the Domain will be inaccessible and unable to be registered elsewhere. In order to bring a Domain out of Redemption, Subscriber must pay a Redemption Fee, as well as a Renewal Fee for the current year. If the Domain is not redeemed within 74 days of expiration, it will be set to Pending Delete status by the domain registry. After the Pending Delete status expires, the Domain will be released for registration. During the Pending Delete period, the Domain will be inaccessible and unrecoverable. 5. Cancellation of Automatic Renewal of Account or Domain and Hosting. Subscriber agrees to notify Allied Media LLC of Subscriber's intent to cancel automatic renewal at least thirty (30) business days prior to the account or domain expiration date, by directing Automatic Account Renewal Cancellation Notification and/or Automatic Domain Renewal Cancellation Notification to Allied Media LLC, as applicable, by sending same via email to alliedmedia@gmail.com. This request must include verification of ownership of the hosting account/domain(s), as determined by Allied Media LLC. 6. Authority. In the event Subscriber is a corporation, limited liability company, partnership, joint venture, other business entity or group of individuals, the person registering for or renewing Allied Media LLC Services on behalf of Subscriber hereby certifies that he/she has the authority to and does hereby bind the corporation, limited liability company, partnership, joint venture or other individuals in this manner and in connection with Subscriber's acceptance of all other Terms set forth herein. 3. CANCELLATION OF SERVICES - REFUND POLICY 1. Cancellations and Refunds. Allied Media LLC provides a 30-day money back guarantee for new hosting account registrations, subject to the following terms and conditions: 1. Nonrefundable Fees, regardless of monthly or annual billing: Fees paid by Subscriber in connection with the purchase of SSL certificates, Web Hosting, Site Backup & Restore, SEO package, domain privacy, renewal/registration of domain names, as are Check Refunds of $10.00 or less due to processing fees. 2. Within First 3 Days of any new domain name Registration. In the event Subscriber cancels the Services within 3 calendar days of registration, Subscriber will receive a full refund of all fees paid in connection with the registration upon request, with the exception of any Nonrefundable Fees set forth in Paragraph 3.01(1) and 3.01(6). Subscriber has the option, but not the obligation, to retain ownership and control of any promotional "Free Domain Names" registered in connection with the subscription, in which case Subscriber's refund will be reduced by $17.95 per domain name. 3. Cancellations After 3 Days and Before 30 Days. In the event Subscriber cancels the Services after the expiration of 3 calendar days, but prior to the expiration of 30 calendar days, Subscriber will receive a refund of all fees paid in connection with the registration, with the exception of any Nonrefundable Fees set forth in Paragraph 3.01(1) and 3.01(6). 4. Cancellations After 30 Days. Subscriber may cancel his/her/its Services at any time, before or after automatic account renewal, and, with the exception of any Nonrefundable Fees set forth in Paragraph 3.01(1), 3.01(6) and setup fees, if any, which are nonrefundable after 30 calendar days. 5. Notice of Cancellation. Subscriber agrees to direct all cancellation requests to Allied Media LLC via email, alliedmedia@gmail.com. The cancellation request must be made 30 days before the annual renewal period of the domain name/web hosting account, and include verification of ownership of the hosting account and/or domain(s), as determined by Allied Media LLC. Subscriber must also confirm to Allied Media LLC that all emails, files, and databases are preserved and backed up somewhere other than Allied Media LLC server space. Once confirmed the cancellation can be processed. 6. In the event that Allied Media LLC is registering/renewing domain names and providing web hosting services for that domain name at the request of the subscriber, the contractual term for web hosting of that domain name will be the same as the contractual term for the registration/renewal of the domain name at the time of the domain name renewal and registration period, regardless of monthly or annual billing as requested by the Subscriber. In the event that the Subscriber wishes to cancel or transfer after an annual domain name renewal has been processed, the subscriber must fulfill his annual web hosting obligations before any transfers or cancellation of services. 2. Chargebacks and Reversals. In the event Subscriber issues a chargeback or reversal of charges without first following the above cancellation procedures, the Subscriber will be responsible for a $50.00 billing service fee for each URL.
3.
PROPRIETARY RIGHTS 4. SECURITY AND OWNERSHIP 1. Site Security. Allied Media LLC uses sophisticated means of security in connection with the Services. Notwithstanding the foregoing, it is exclusively Subscriber's obligation to maintain and control passwords to Subscriber's web site(s), and Subscriber exclusively is responsible for all activities that occur in connection with Subscriber's user name, password, registered domain name(s); as well as any and all scripts or programs added to the account by the Subscriber or authorized users. Subscriber agrees to immediately notify Allied Media LLC of any unauthorized uses of the Service or any other breaches of security. Allied Media LLC will not be liable for any loss or damages of any kind, under any legal theory, caused by Subscriber's failure to comply with the foregoing security obligations or caused by any person to whom Subscriber grants access to Subscriber's Services. Any programs or scripts available via the cPanel interface are solely the Subscriber's responsibility to update and secure. 2. Access and Control Policy. When a new account or domain, as applicable, is registered with or transferred to Allied Media LLC or with one of its affiliates, the process requires and results in the creation of the following within the records of Allied Media LLC, in association with said new account or domain: i) Name of person registering; ii) email address; iii) user name; iv) password; and, v) associated payment information, such as Visa, Mastercard, etc., Credit Card Number & name thereon, etc. 3. If a person contacts Allied Media LLC and claims that he or she is entitled to access to an account, website, or domain registered with Allied Media LLC or its affiliate but is without access (for any reason such as but not limited to forgotten password or forgotten user name, data loss or corruption on personal computer, improperly locked out, and so forth), Allied Media LLC will give access to the person who acceptably evidences he or she has substantially all of: i) name of the person who originally registered; ii) email address of the person who originally registered; iii) the user name of the person who originally registered, if possible; iv) the associated payment information of the person who registered, such as Visa, Mastercard, etc., Credit Card Number & name thereon, etc. (mandatory); and, v) a photo identification evidencing she or he is the rightful possessor and user of said credit card or payment medium (mandatory). Otherwise, Allied Media LLC will not give access and control to a claimant unless Allied Media LLC is served with a valid order of a court, agency, or appropriate Internet controlling entity such as Internet Corporation for Assigned Names and Numbers ("ICANN"), requiring Allied Media LLC to give such access and control to said claimant or unless there is submitted to Allied Media LLC at alliedmedia@gmail.com a written statement duly signed by the person who originally registered said account which statement is duly notarized, and in which said originally registering person confirms that said claimant is entitled to access and control of the account, together with a written notarized statement duly signed by claimant which confirms claimant is entitled to access and control of said account, website and/or domain and has read and agreed to these Terms of Service. Subscriber acknowledges and accepts that the foregoing access and control policies and procedures are the only way that notice(s) can be given and changes can be effected regarding said access and/or control; and, further, that any other changes made directly by Subscriber or by others within the online records of Allied Media LLC or of its affiliates shall not be deemed effective to give notice to Allied Media LLC or its affiliates of any changes in said access or control. 4. Subscriber acknowledges and accepts said access and control policy and procedure, agrees not to bring any claim in the form of a lawsuit or otherwise against Allied Media LLC arising out of its following said policy and procedure, agrees immediately to dismiss any claim so brought, and hereby releases Allied Media LLC from all liability and all claims for damages or any other liability whatsoever that may arise out of Allied Media LLC's following said policy and procedure. 5. License to Allied Media LLC. Allied Media LLC claims no ownership interest in the content of Subscriber's web site(s). By submitting content and data to Allied Media LLC, Subscriber grants to Allied Media LLC, its successors and assigns, the worldwide, royalty-free, and nonexclusive license under Subscriber's copyrights and other rights, if any, in all material and content displayed in Subscriber's web site to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in order to maintain such content on Allied Media LLC's servers during the term of these Terms. Subscriber also authorizes the downloading and printing of such material, or any portion thereof, by end-users for their personal use. This license shall terminate upon Subscriber's cancellation of the Services as set forth in Paragraphs 2.01 and 3.0. 5. Transfer of Ownership.
1. Allied Media LLC will recognize a change of ownership of account(s) with, of websites hosted by, and/or of domains registered with Allied Media LLC or its affiliates only in the event that at least one of the following occur: i) there is received by the Compliance Manager (alliedmedia@gmail.com) a written statement (in a form acceptable to Allied Media LLC or applicable affiliate) containing the notarized signature of the original owner of the account, website, and/or domain, as applicable, confirming that ownership of the website, domain, and/or account, as applicable, has been transferred to a person (claimant) claiming to own said website, domain and/or account, as applicable, along with a written statement containing the notarized signature of the claimant confirming that she or he has acquired said ownership, has read and agrees to be bound by these Terms of Service; or, ii) Allied Media LLC is served with a valid order of a court, agency, or appropriate internet controlling entity such as Internt Corporation for Assigned Names and Numbers ("ICANN"), requiring Allied Media LLC (or affiliate) to transfer such ownership to said claimant. 2. Subscriber acknowledges and accepts that the foregoing policies and procedures regarding transfer of ownership are the only way that notice(s) can be given and changes can be effected regarding said transfer of ownership within Allied Media LLC; and, further, that any other changes made directly by Subscriber or by others within the online records of Allied Media LLC or of its affiliates shall not be deemed effective to give notice to Allied Media LLC or its affiliates of any changes in said ownership. 3. Disputing Site or Account Ownership Disputes sometimes arise between or among multiple persons claiming ownership of or rights in a site hosted by Allied Media LLC or in an associated Allied Media LLC account. Allied Media LLC is not obligated to resolve any such disputes. If multiple persons are claiming ownership of or rights in a site hosted by Allied Media LLC or in an associated Allied Media LLC account, and, in Allied Media LLC's sole judgment, there is not certainty as to the ownership of or rights in said site or account, then Allied Media LLC will, to the extent of its knowledge and ability, notify said persons of the dispute and demand that said persons promptly, conclusively, and finally resolve the dispute in a manner which makes clear who the owner(s) and/or interest holder(s) is/are and in a manner which relieves Allied Media LLC of all liability or obligations concerning the dispute. If the disputing persons fail so to resolve the dispute within what Allied Media LLC, in its sole judgment, deems to be a reasonable time, then Allied Media LLC, at its option and without any obligation to do so, may, in accordance with and subject to the laws of the State of California, file an interpleader action in a court of competent jurisdiction within the State of California for the purpose of allowing the contending persons to resolve said dispute and to reach certainty regarding ownership of or rights in said site and/or account. The person or persons conclusively and finally determined by the interpleader action to be the rightful owner(s) or interest holder(s) of said site and/or associated account shall be obligated to reimburse Allied Media LLC for all of its expenses relative to said interpleader action including without limit all its court costs and reasonable attorney fees. All amounts owed to Allied Media LLC under this section 5.03 shall be deemed due and payable immediately upon thirty (30) days after judgment or settlement is reached. 6. PRIVACY POLICY 1. Commitment. The Allied Media LLC commitment to our Subscribers' privacy is set forth in this section. Except as required by law or as otherwise provided herein, Allied Media LLC will take commercially reasonable steps to ensure your right to privacy. Allied Media LLC is committed to developing long lasting relationships that are built on trust and will never intentionally violate that trust. 2. Encryption. When Subscriber orders from Allied Media LLC, Personal Data Transmissions are encrypted. When Subscriber orders from Allied Media LLC, all of Subscriber's personal information is protected. Allied Media LLC uses Secure Sockets Layer (SSL), the industry standard, for encrypting all personal information, including name, address and credit card numbers. 3. Confidentiality. With the exception of trusted business affiliates and/or associates who work on behalf of or in connection with Allied Media LLC, subject to specific confidentiality agreements, Allied Media LLC will not provide or sell to any third party your personal information and will keep all Subscriber information confidential, subject to the following: 1. Upon registration, certain Subscriber information is transferred to WHOIS (domain registration information), to our affiliated third-party registrar, Godaddy, to Postini (email addresses), and to Godaddy (SSL cert. creation). 2. Allied Media LLC will respond to subpoenas, court orders, or other legal process, and will utilize Subscriber information as necessary to establish or exercise Allied Media LLC's legal rights or defend against legal claims. Allied Media LLC will charge the person or entity for submitting a civil subpoena for costs associated with subpoena compliance. Payment must be made within thirty (30) days from the date of receipt of the Allied Media LLC invoice. Checks should be made out to Allied Media LLC. Allied Media LLC's subpoena compliance costs are as follows: Research-$150.00/hour; Federal Express-Cost as Billed; Copies-$1.00/page; Compact Discs - $10.00/per CD. 3. Allied Media LLC will share information to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations or suspected violations of these Terms, or as otherwise required by law. 4. When we are threatened with suit by a third party, or any other legal action brought to our attention involving us based on the anonymity of the domain, we may seek assurance from you the customer concerning your promise to indemnify us and written notice that you have contacted the plaintiff or representative for the complainant and made your contact information available to them. Failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your domain name and forfeit the right to privacy on a domain. 7. "UNLIMITED" USAGE POLICIES AND DEFINITIONS 1. What "Unlimited" means. Allied Media LLC does not set an arbitrary limit or cap on the amount of resources a single Subscriber can use. In good faith and subject to these Terms, Allied Media LLC makes every commercially reasonable effort to provide its Subscribers with all the storage and bandwidth resources needed to power their web sites successfully, as long as the Subscriber's use of the service complies with these Terms. By not setting limits on key resources, we are able to provide simple, consistent pricing to our Subscribers as they grow their websites. As a result, a typical website may experience periods of great popularity and resulting increased storage without experiencing any associated increase in hosting charges.
2.
What "Unlimited" DOES NOT mean. Allied Media LLC employs complex
mechanisms to protect its Subscribers and systems from abuse. Allied
Media LLC's offering of "unlimited" services is not intended to allow
the actions of a single or few Subscribers to unfairly or adversely
impact the experience of other Subscribers. 3. Unlimited Hosting Space; excessive MySQL files.Allied Media LLC does not set arbitrary limits on the amount of disk space a Subscriber can use for the Subscriber's website, nor does Allied Media LLC charge additional fees based on an increased amount of storage used, provided the Subscriber's use of storage complies with these Terms. Please note, however, that the Allied Media LLC service is designed to host websites. Allied Media LLC does NOT provide unlimited space for online storage, backups, or archiving of electronic files, documents, log files, etc., and any such prohibited use of the Services will result in the termination of Subscriber's account, with or without notice. Accounts with a large number of files (inode count in excess of 200,000) can have an adverse affect on server performance. Similarly, accounts with an excessive number of MySQL/PostgreSQL tables (i.e., in excess of 1000 database tables) or of database size (i.e., in excess of 3GB total MySQL/PostgreSQL usage or 2GB MySQL/PostgreSQL usage in a single database) negatively affect the performance of the server. Allied Media LLC may request that the number of files/inodes, database tables, or total database usage be reduced to ensure proper performance or may terminate the Subscriber's account, with or without notice. 4. Unlimited File Transfer. Allied Media LLC does not set arbitrary limits on the amount of visitor traffic a web site can receive or on the amount of content a Subscriber can upload to his/her/its website in a given month, nor does Allied Media LLC charge additional fees based on increased use of bandwidth, as long as the Subscriber's use of the Services complies with these Terms. In most cases, a Subscriber's web site will be able to support as much traffic as the Subscriber can legitimately acquire. However, Allied Media LLC reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other Subscribers. 5. Unlimited Domain Hosting. Allied Media LLC does not set arbitrary limits on the number of domain names a Subscriber can associate with the Subscriber's web hosting account. 8. COOKIE POLICY STATEMENT 1. General Purposes. Allied Media LLC understands that many of its Subscribers are concerned about "cookies", which are electronic collections of information stored on the local computer of a person using the worldwide web and which are used chiefly by websites to keep track of visitors and registered users and to relate one computer transaction to a later one. Allied Media LLC provides this Cookie Policy Statement to let you, the Subscriber, know how Allied Media LLC uses this technology. Allied Media LLC uses cookies to help Allied Media LLC improve its website and web hosting services, and, most importantly, to provide Allied Media LLC's existing Subscribers with the opportunity for continued savings and increased convenience. 2. Cookies for Improving Our Web Site. Allied Media LLC uses cookies to inform Allied Media LLC of a repeat visit. The cookie does not tell Allied Media LLC who a visitor is, the visitor's name, email address, or Passwords. 3. Cookies for Banner Rewards Program. To offer Allied Media LLC Subscribers continued savings, Allied Media LLC uses cookies to help monitor the traffic generated from Allied Media LLC banners and logo buttons displayed on Allied Media LLC Subscribers' websites. 4. Cookies for Subscriber Account Management. For Allied Media LLC Subscribers, Allied Media LLC uses cookies to store user names for added convenience to the Webmaster. As part of our Allied Media LLC web hosting package, Allied Media LLC offers password-protected, web-based management tools. By storing a Subscriber's username in a cookie, the Webmaster will not have to fill out form fields each time he or she manages the account. (The cookie does not store Passwords.) Allied Media LLC is dedicated to using the newest technologies in order to simplify our Subscribers' experience. 9. PROHIBITED USES 1. Breach of Terms and Account Termination. The uses of Allied Media LLC Services set forth in this section 9 hereinbelow are prohibited. The engaging in any prohibited use as set forth herein by Subscriber or by any affiliate or subscriber of Subscriber ( as determined in the sole discretion of Allied Media LLC) constitutes a material breach of these Terms and will subject Subscriber's account to immediate termination without notice and without any refund. 2. Spamming. Spamming, whether or not it overloads the Services or disrupts service to Allied Media LLC's Subscribers, is prohibited. The term "Spamming" includes, but is not limited to, the sending of unsolicited bulk and/or commercial messages over the Internet, maintaining an open SMTP policy, or sending to any mailing list that is not double opt in. Allied Media LLC requires that all email messages contain an automated opt out . We do not allow purchased lists. Allied Media LLC's Subscribers are required to follow all rules in the Can Spam Act (http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm) as well as our company spam rules. Allied Media LLC reserves the right to determine, in its sole and absolute discretion, whether e-mail recipients were part of an opt-in email list. Irrespective of whether an email campaign constitutes Spamming as defined herein, Allied Media LLC allows a MAXIMUM of 500 emails per hour to be sent from any individual hosting account. 3. Prohibited Offerings. No Subscriber may utilize the Services to provide, sell or offer to sell the following: controlled substances; illegal drugs and drug contraband; weapons; pirated materials; instructions on making, assembling or obtaining illegal goods or weapons to attack others; information used to violate the copyright(s) of, violate the trademark(s) of or to destroy others' intellectual property or information; information used to illegally harm any people or animals; pornography, nudity, sexual products, programs or services; escort services or other content deemed adult related. 4. Profanity. Profanity or profane subject matter in the site content and in the domain name are prohibited. 5. Private Information and Images. Subscribers may not post or disclose any personal or private information about or images of children or any third party without the consent of said party (or a parent's consent in the case of a minor). 6. Violations of Intellectual Property Rights. Any violation of any person's or entity's intellectual property rights, rights of privacy, rights of publicity or other personal rights is prohibited. Allied Media LLC is required by law to remove or block access to content appearing on or through the Services upon receipt of proper notice of copyright infringement (see "Copyright Infringement Notice Information" below). 7. Misrepresentation of Transmission Information. Forging, misrepresenting, omitting, or deleting message headers, return mailing information and/or Internet protocol addresses to conceal or misidentify the origin of a message is prohibited. 8. Viruses and Other Destructive Activities. Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Subscriber to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet. 9. Hacking. "Hacking" and related activities are prohibited. "Hacking" includes, but is not limited to, the following activities: illegally or without authorization, accessing computers, accounts or networks, penetrating or attempting to penetrate security measures, port scans, stealth scans, and other activities designed to assist in hacking. 10. Anonymous Proxies. Allied Media LLC does not allow the use of anonymous proxy scripts on its servers. They can be very abusive to the server resources, affecting all users on that server. 11. Export Control Violations. The exportation of encryption software outside of the United States and/or violations of United States law relating to the exportation of software is prohibited. Subscriber may not export or transfer, directly or indirectly, any regulated product or information to anyone outside the United States without complying with all applicable statues, codes, ordnances, regulations, and rules imposed by U.S. federal, state or local law, or by any other applicable law. 12. Child Pornography. The use of the Services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Allied Media LLC is required by law to, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, the Services. 13. Other Illegal Activities. The use of the Services to engage in any activity that is determined by Allied Media LLC, in its sole and absolute discretion, to be illegal is prohibited. Such illegal activities include, but are not limited to, storing, posting, displaying, transmitting or otherwise making available ponzi or pyramid schemes, fraudulently charging credit cards or displaying credit card information of third parties without their consent, and failure to comply with applicable on-line privacy laws. Allied Media LLC will cooperate fully with appropriate law enforcement agencies in connection with any and all illegal activities occurring on or through the Services. 14. Obscene, Defamatory, Abusive or Threatening Language. Use of the Services to store, post, transmit, display or otherwise make available obscene, defamatory, harassing, abusive or threatening language is prohibited. 15. BACKUP STORAGE. Allied Media LLC OFFERS ITS SERVICES TO HOST WEB SITES, NOT TO STORE DATA. USING AN ACCOUNT AS AN ONLINE STORAGE SPACE FOR ARCHIVING ELECTRONIC FILES IS PROHIBITED AND WILL RESULT IN TERMINATION OF HOSTING SERVICES WITHOUT PRIOR NOTICE. 16. Other Activities. Engaging in any activity that, in Allied Media LLC's sole and absolute discretion, disrupts, interferes with or is harmful to (or threatens to disrupt, interfere with, or be harmful to) the Services, Allied Media LLC's business, operations, reputation, goodwill, Subscribers and/or Subscriber relations, or the ability of Allied Media LLC's Subscribers to effectively use the Services is prohibited. Such prohibited activities include making available any program, product or service that is designed to or could be used to violate these Terms. In addition, the failure of Subscriber to cooperate with Allied Media LLC in correcting or preventing violations of these Terms by, or that result from the activity of, a subscriber, patron, customer, invitee, visitor, or guest of the Subscriber constitutes a violation of these Terms by Subscriber. 10. COPYRIGHT, TRADEMARK, AND "IP RIGHTS HOLDER" NOTICE OF INFRINGEMENT INFORMATION
1. A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Identification of the copyrighted work that is claimed is being infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works. 2. Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material. 3. Information reasonably sufficient to permit us to contact the person giving the notification, such as an address and telephone, and, if available, an electronic mail address at which such person may be contacted. 4. A statement that the person giving the notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. 5. A statement that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Email DMCA reports to alliedmedia@gmail.com.
11.
RESELLER PROGRAM 1. The Reseller agrees, on behalf of both the Reseller and each user signed up by the Reseller, to comply with these Terms of Service. 2. In the event that a Reseller or a Reseller's user is determined to be in violation of the Terms of Service, the Reseller shall, upon receipt of notice of the violation, take prompt action to ensure that the account in question is updated to be in full compliance with the Terms of Service. 3. Allied Media LLC is not responsible for the actions or misrepresentations of Resellers. The Reseller hereby agrees to indemnify Allied Media LLC from and against any and all claims made by any user that result from the Reseller's misrepresentation, breach of the Terms of Service or other improper actions by the Reseller. 4. Allied Media LLC reserves the right to revise its Reseller Programs, Terms of Service at any time. Changes shall take effect when posted online or on any subsequent date as may be set forth in any required notice provided by us in connection therewith. 5. Users who have been signed up by Resellers agree to operate their Web sites in accordance with the Terms of Service. 6. Resellers cannot make any modifications to the Terms of Service. Any such alterations shall be deemed a violation of the Terms of Service and could result in a cancellation of a Reseller's account(s). Allied Media LLC is not responsible for any modifications made to the Terms of Service by Resellers. 7. Resellers in the Reseller Program assume all responsibility for billing and technical support for each of their Users. Allied Media LLC reserves the right to refuse inquiries made to customer support from the customers of Resellers. 12. GENERAL 1. Promotional Pricing. Allied Media LLC may periodically offer "free" or discounted services or credits in connection with a promotional offer, including, without limitation, free domain name registration. Such promotional offers are honored only in connection with the specific promotional package to which they apply. In the event a Subscriber downgrades or otherwise changes his/her/its subscription to a subscription to which a promotional offer does not apply, Subscriber will forfeit any unused free credits offered under the promotional packaged and Allied Media LLC will charge Subscriber the prevailing fees for any free credits redeemed by Subscriber under the promotional package. 2. Backups. For its own operational efficiencies and purposes, Allied Media LLC from time to time backs up data on its servers, but is under no obligation or duty to Subscriber to do so under these Terms. IT IS SOLELY SUBSCRIBER'S DUTY AND RESPONSIBILITY TO BACKUP SUBSCRIBER'S FILES AND DATA ON Allied Media LLC SERVERS, AND under no circumstance will Allied Media LLC be liable to anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of Subscriber FILES AND/or data on any Allied Media LLC server. Allied Media LLC will not attempt to back up accounts that exceed 50,000 files or 30 Gigs of space for any reason. 3. Monitoring and Disclosures. All activities occurring on, in, and/or via the Services or any website hosted by Allied Media LLC may be monitored, recorded, and examined by any authorized person, including as well law enforcement. In general, Allied Media LLC does not monitor its Subscribers' websites or activities to determine whether they are in compliance with these Terms. However, when and if Allied Media LLC becomes aware of any violation of these Terms, Allied Media LLC may take any lawful action, and in the event of illegal activity, will take action, to stop or correct such violation, including, but not limited to, shutting down a website, denying access to the Services or to the Internet via Allied Media LLC, and/or removing non-complying information. In addition, Allied Media LLC may take any lawful action against a Subscriber or a subscriber, patron, customer, invitee, visitor, or guest of such Subscriber because of the activities of such subscriber, patron, customer, invitee, visitor, or guest. Allied Media LLC reserves the right to take any such action even though such action may affect other subscribers, patrons, customers, invitees, visitors, or guests of the Subscriber. Allied Media LLC may disclose any information in its possession, including, without limitation, information about Subscribers, internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, governmental request, or other legal process to protect Allied Media LLC or others from harm, and/or to ensure the proper operation of the Services. Allied Media LLC has no obligation to notify any person, including the Subscriber about whom information is sought, that Allied Media LLC has provided the information. 4. Accurate Account Information. Subscriber must continually update and keep accurate and current Subscriber's contact information stored and saved on Allied Media LLC in order to avoid termination of Subscriber's Allied Media LLC account(s). 5. Duty to Notify Allied Media LLC of Breach. If Subscriber discovers anyone on the Allied Media LLC system violating any of these Terms or notices anything suspicious from the Allied Media LLC network, Subscriber agrees to report the violation or suspicious activity to alliedmedia@gmail.com investigation. Allied Media LLC reserves the right to and will immediately terminate any account which Allied Media LLC concludes to be in violation of any of these Terms. 6. Reservation of Rights. Allied Media LLC reserves the right to refuse or to cancel service to any prospective Subscriber or existing Subscriber for any lawful reason at any time during Subscriber's hosting term with Allied Media LLC. 7. Severability. These Terms are binding upon Allied Media LLC, all existing and prospective Subscribers, and upon the assigns, heirs, and successors of each. If any provision of these Terms is held by any court of competent jurisdiction to be invalid or otherwise unenforceable, the rest of these Terms shall, nevertheless, continue to be valid and in full force and effect, to the extent said remaining Terms are then otherwise consistent with the original intent of the Terms of Service. 8. Governing Law. These Terms shall be governed by the laws of the State of California without reference to conflict of law principles. The United Nations Convention on the International Sale of Goods shall not apply and is hereby expressly excluded. By subscribing to or using any of the Services of Allied Media LLC, Subscriber agrees that all disputes, if any, involving Allied Media LLC shall be subject exclusively to the jurisdiction of the State and Federal Courts within the State of California; provided, further, that all action brought against Allied Media LLC in State Court must be brought in Los Angeles County, California and, if in Federal Court, in Los Angeles County, California. Subscriber hereby agrees that it is subject to the in personal jurisdiction of said courts for all purposes in connection with these Terms and/or in connection with any claim or dispute involving Allied Media LLC. Subscriber hereby waives any and all objections that it has or might have, known or unknown, whether under California's long arm statute or otherwise, to the existence of said in personas jurisdiction. Subscriber agrees that it has no right to and shall not file or otherwise bring a lawsuit against Allied Media LLC outside the State of California; and, that Subscriber, if involved before a court in a lawsuit outside of the State of California, shall be deemed to support and to stipulate to a motion made by Allied Media LLC to dismiss said lawsuit with respect to Allied Media LLC. 9. Parked Page Services. Allied Media LLC provides Parked Page Services on domains registered through or hosted with Allied Media LLC. User can opt out of the Parked Page Services at any time by simply replacing the default web page on the parked domain or pointing the DNS away from Allied Media LLC. By using any of the Parked Pages Services, User agrees that Allied Media LLC may point the domain name or DNS to one of Allied Media LLC's or Allied Media LLC's affiliates web pages, and that they may place advertising on User's web page and that Allied Media LLC specifically reserves this right. User shall have no right to any compensation and shall not be entitled and shall have no right to receive any funds related to the monetization of User's Parked Pages. User agrees to indemnify and hold harmless Allied Media LLC for any complications arising out of use of the Parked Page Services, including, but not limited to, actions Allied Media LLC chooses to take to remedy User's improper or illegal use of a Web site hosted by Allied Media LLC. User agrees it is not entitled to a refund of any fees paid to Allied Media LLC. If a dispute arises as a result of one or more of User's Parked Pages, User will indemnify, defend and hold Allied Media LLC harmless for damages arising out of such dispute. User also agrees that if Allied Media LLC is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a Web site hosted by Allied Media LLC that Allied Media LLC, in its sole discretion, may take whatever action Allied Media LLC deems necessary regarding further modification, assignment of and/or control of the Web site to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled. 13. WARRANTY DISCLAIMER - LIMITATIONS - INDEMNIFICATION 1. Warranty Disclaimer. YOU, THE SUBSCRIBER, ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND. Allied Media LLC HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE, OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS. NO ADVICE OR INFORMATION GIVEN BY Allied Media LLC OR Allied Media LLC'S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUBSCRIBER SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. Allied Media LLC DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF COMPUTER PROGRAMS AND CONTENT. Allied Media LLC DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. Allied Media LLC DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR Allied Media LLC IN PARTICULAR. 2. Limitations on Allied Media LLC's Liability. Allied Media LLC SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL Allied Media LLC BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, CONVERSION, COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, IP RIGHTS HOLDER INFRINGEMENT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT Allied Media LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. Allied Media LLC SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY. Allied Media LLC'S ENTIRE LIABILITY AND SUBSCRIBER'S EXCLUSIVE REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF SUBSCRIBER'S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL Allied Media LLC'S LIABILITY TO YOU, THE SUBSCRIBER, EXCEED THE GREATER OF ONE DOLLAR ($1.00) OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE SUBSCRIBER, TO Allied Media LLC FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION . SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, Allied Media LLC'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. 3. Indemnification of Allied Media LLC. You, the Subscriber, agree to defend, indemnify and hold Allied Media LLC, its affiliates and its sponsors, partners, other co-branders and the respective directors, officers and employees of each harmless from and against any and all claims, losses, damages, liabilities and costs (including, without limitation, reasonable attorneys' fees and court costs) arising out of or relating to your breach of any of these Terms or use by you or any third party of the Services, except to the extent the foregoing directly result from Allied Media LLC's own gross negligence or willful misconduct. Allied Media LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, the Subscriber. 14. PROHIBITED PERSONS (COUNTRIES, ENTITIES, AND INDIVIDUALS) 1. Sanctioned Countries. The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that, with respect to all or certain commercial activities that would otherwise occur between i) the United States, its citizens or residents on the one hand and ii) the governments, citizens, or residents of certain other countries ("Sanctioned Countries") on the other hand, said commercial activities are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded. "Sanctioned Countries" shall be deemed automatically to be added to or otherwise modified from time to time consistent with the determination(s) of the government of the United States, and shall include all other countries with respect to which commercial activities are prohibited, embargoed, sanctioned, banned and/or otherwise excluded by determination(s) of the government of the United States from time to time. 1. Each Sanctioned Country, all governmental, commercial, or other entities located therein, and all individuals located in any Sanctioned Country are hereby prohibited from registering or signing up with, subscribing to, or using any service of Allied Media LLC. 2. Each individual which is a National or Citizen of a Sanctioned Country is hereby prohibited from registering or signing up with, subscribing to, or using any service of Allied Media LLC, regardless of where said individual is located. 2. Prohibited Organizations/Entities. The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that certain organizations and/or entities (collectively "Prohibited Organizations/Entities" and individually "Prohibited Organization/Entity") are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded from all or certain commercial transactions with the United States, its citizens and residents. The Prohibited Organizations/Entities are those as set forth in the applicable records of the government of the United States, including without limit those set forth at: http://www.ustreas.gov/ofac; and, http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx, as said determinations and resulting records may be amended, updated, or otherwise modified from time to time. 1. Each Prohibited Organization/Entity is hereby prohibited from registering or signing up with, subscribing to, or using any service of Allied Media LLC. 3. Prohibited Individuals. The government of the United States of America, through various of its offices and agencies, including but not limited to, through one or more Executive Orders of the President of the United States, through rules and regulations of the United States Department of State, Department of the Treasury, and Department of Commerce, has determined that certain individuals (collectively "Prohibited Individuals" and individually "Prohibited Individual"), including without limit, certain Specially Designated Nationals are to be prohibited, embargoed, sanctioned, banned, and/or otherwise excluded from all or certain commercial transactions with the United States, its citizens and residents. The Prohibited Individuals are those as set forth in the applicable records of the government of the United States, including without limit those set forth at: http://www.ustreas.gov/ofac; and, http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx, as said determinations and resulting records may be amended, updated, or otherwise modified from time to time. 1. Each Prohibited Individual is hereby prohibited from registering or signing up with, subscribing to, or using any service of Allied Media LLC.
IF YOU, FOR YOURSELF OR ON BEHALF OF ONE OR MORE PERSONS YOU ARE
REPRESENTING WITH RESPECT TO Allied Media LLC SERVICES, DO NOT AGREE TO
ANY OF THE FOREGOING TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF ANY
SUCH PERSON(S), DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR
USE OF THE SERVICES, AND, IF YOU ARE ALREADY A MEMBER, CANCEL YOUR
ALLIED MEDIA LLC ACCOUNT. BEGINNING NOW, ANY CONTINUATION BY YOU IN
USING THE SERVICES CONSTITUTES FOR YOU AND THOSE REPRESENTED BY YOU AN
EXPRESS AFFIRMATION AND COMMITMENT TO BE (OR TO CONTINUE TO BE, AS
APPLICABLE) LEGALLY BOUND BY AND TO COMPLY WITH ALL OF THESE TERMS.
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