WEB HOSTING TERMS OF SERVICE
updated: 08/09/02
ACCEPTABLE USE
Cincinnati Music Online web hosting may be used for lawful purposes only. We do not
allow any of the following types of conduct:
Storage or transmission of any unlawful, threatening, abusive, defamatory, obscene, libelous, offensive, pornographic, indecent, profane, or otherwise objectionable information of any kind, including and without limitation to any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.Cincinnati Music Online may decide, on a case by case basis, if the content of your site violates the above descriptions or any future policies which we may implement. Cincinnati Music online reserves the right to suspend any account at our sole discretion which is deemed to be unlawful, unacceptable, undesirable or may damage the reputation of Cincinnati Music Online.
Customers who are found to be using excessive resources including CPU usage and memory usage, may have their accounts terminated or suspended immediately, without notice to the Customer. Customers using excessive disk space or bandwidth will be billed for the extra resources required by their account.
LIABILITY
Customers agree to indemnify, defend, and hold harmless Cincinnati Music Online from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from a Customer's use of the service which damages either the Customer, Cincinnati Music Online, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with a Customer's account, including but not limited to domain name selection and Web site content.
Cincinnati Music Online makes no warranties, expressed or implied. Cincinnati Music Online shall not be liable for any consequential, indirect or punitive damages arising out of any breach, delay or default in performance of these Terms of Service, and in any event, the amount of damages due from Cincinnati Music Online to Customer shall never exceed, and shall be limited to, a credit allowance of all payments made to date of claim, minus the current month's fees. Cincinnati Music Online's liability arising out of mistakes, accidents, omissions, interruptions, delays, or defect in transmission, including those which may be caused by regulatory or judicial authorities, shall in no event exceed the amount of the credit allowance, if any, available under this Section. Without limiting the foregoing, Cincinnati Music Online shall have no obligation to provide alternative routing with respect to any Service provided pursuant to these Terms of Service.
PRIVACY
All personal information collected in reference to a Customer's account will be used for billing reasons and as a point of contact by Cincinnati Music Online only. No personal information will be transmitted, sold, or otherwise distributed to any entity outside of Cincinnati Music Online unless subpoenaed by a court of law.
EMAIL & SPAM
Cincinnati Music Online will not tolerate, in any form, unsolicited email sent from our servers. Any Customer who sends out unsolicited email from our servers may have their account terminated or suspended immediately, without notice to the Customer.
If you have received an email from an account on our server which is unsolicited, please forward the entire email, including headers, to us at abuse@cincymusic.com.
BILLING PROCEDURE
Cincinnati Music Online uses electronic invoicing to bill all of our clients. It is the client's responsibility to provide us with a valid email to send invoices to and to access that email account so as to receive our invoices in a timely manner.
Customers who have chosen to pay by check will be notified via email 14 days prior to the next due date of their services.
Customers who have chosen to pay with PayPal payment services will be invoiced through PayPal 7 days prior to their account's due date.
If your payment fails, your account will be immediately suspended. Payment failure is defined as an unsuccessful PayPal subscription payment, A denied credit card transaction, or a check presented to us that is indicated by your bank as containing insufficient funds.
PAYMENT POLICY
Your web hosting service will not be activated until we receive confirmed payment. Confirmed payment is currently defined by a verified PayPal payment or a check or money order which has cleared our bank. Absolutely no exceptions will be made.
Your web hosting fees are due on the anniversary of your intial signup. Payment is expected on the due date without exception.
If payment is not received by 11:59pm EST on the payment due date, your account access will be temporarily disabled. You will not be able to update or modify your site content during this time.
Seven calendar days after your current payment due date, if payment still has not been received, your account will be suspended so that it is no longer accessible via the web.
Fourteen calendar days after your current payment due date, if payment has not been received, your account will be terminated and all of your files will be removed from our server. At this time we will not be responsible for providing you a copy of the files on your site.
Absolutely NO exceptions to the above Payment Policy will be made for any user, for any reason. Cincinnati Music Online imposes these strict policies to insure that we can offer our services at the lowest possible price to our Customers.
MONEY BACK GUARANTEE
All accounts include a 30 day money back guarantee. We will refund the total amount paid by the Customer at the time of account activation within the first 30 days of service. After 30 days, no refund will be issued for the first month of service.
Accounts terminated for violating our acceptable use policy will not be issued a refund.
ACCOUNT TERMINATION
A Customer's web hosting account may be terminated at any time by either the Customer or Cincinnati Music Online. Customers may cancel their account by sending an email to webhosting@cincymusic.com clearly stating that they would like their service terminated. If a Customer is paying monthly, a refund for the current month will not be issued. If a Customer has paid for web hosting service beyond a single month, a refund will be issued for any unused months, not including the current month.
CHANGES TO TERMS OF SERVICE
Cincinnati Music Online reserves the right to modify, update, or change the above terms at any time without warning. Clients will be notified any time our Terms of Service have changed.