SpacialNet Terms Of Service agreement
This is an agreement between you and SpacialNet.com regarding your use of SpacialNet.com's hosting service allowing you access to stream/broadcast content and other communications services (The "SpacialNet.com Service"). This agreement governs the terms and conditions under which SpacialNet.com makes the SpacialNet.com Service available to individual consumers through a personal computer or similar access device and a communications connection (such as modem, telephone line, or other telecommunications connection), or to individual consumers or small businesses in connection with SpacialNet.com stream hosting or similar service. Under this agreement, you must comply with SpacialNet.com's then-current "Acceptable Use Policy," as updated from time to time by SpacialNet.com, which can be viewed at http://www.spacialnet.com/legal/agreement.html which is incorporated in this agreement by reference. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. DURING THE SIGNUP PROCESS, BY CLICKING ON THE BUTTON MARKED "Sign up!", AND BY ENTERING YOUR SUBSCRIBER INFORMATION AND OR SUBMITTING PAYMENT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND SpacialNet.com's ACCEPTABLE USE POLICY.
SpacialNet.com may modify this agreement or the Acceptable Use Policy at any time in its sole discretion. Any modification is effective immediately. If any modification to this agreement is unacceptable to you, you may immediately terminate your subscription as provided in Section 19 below. However, if you do not terminate your registration, or continue to use the SpacialNet.com Service, following modification to this agreement, your continued use will mean that you have accepted that modification.
3. Use of the Service.
Under the terms of this agreement, you may only use the SpacialNet.com Service through the number of communication channels and for which you have purchased service. You may not connect to the SpacialNet.com Service through more than one telecommunications connection at any given time.
The SpacialNet.com Service is provided on an AS IS, AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SpacialNet.com EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE SpacialNet.com SERVICE WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY SpacialNet.com, ITS EMPLOYEES, LICENSORS OR THE LIKE, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this Section will survive any termination of this agreement.
5. Information and Products.
You acknowledge that except for information products or services clearly identified as being supplied by SpacialNet.com, neither SpacialNet.com nor any of its suppliers, licensor, or affiliates ("Affiliates") operates or controls any information, products or services accessible through the SpacialNet.com Service in any way and that, except for such SpacialNet.com identified information, services or products, all merchandise, information and services offered or made available or accessible through the SpacialNet.com Service are offered or made available or accessible by third parties who are not affiliated with SpacialNet.com or its Affiliates. YOU ACKNOWLEDGE THAT USE OF THE SpacialNet.com SERVICE IS AT YOUR SOLE RISK AND YOU AGREE THAT ANY INFORMATION, SERVICE OR PRODUCT ACCESSIBLE THROUGH THE SERVICE IS WITHOUT WARRANTIES OF ANY KIND BY SpacialNet.com AND ITS AFFILIATES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The terms of this Section will survive any termination of this agreement.
6. Commerce on the Web.
Through your uses of the SpacialNet.com Service, you may have opportunities to order and purchase merchandise or services from other subscribers to the SpacialNet.com service and users of other communications outlets such as the Internet. You further acknowledge that all transactions relating to merchandise or services offered by you through the SpacialNet.com service, including but not limited to the purchase terms, payment terms, warrantees, guarantees, maintenance and delivery terms for such transactions are agreed to solely between you and third party purchasers. SpacialNet.com and its affiliates make no warranties or representations whatsoever with respect to your goods and services, or with respect to the qualifications of any third party purchaser.
7. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL SpacialNet.com, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SpacialNet.com SERVICE, including but not limited to reliance on any information obtained on the SpacialNet.com Service; or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to SpacialNet.com's records, programs or services. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT SpacialNet.com IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM SpacialNet.com OR ITS AFFILIATES. The terms of this Section will survive any termination of this agreement.
You agree to pay SpacialNet.com the then-current monthly charges for the SpacialNet.com Service. You may find information regarding current rates for using the SpacialNet.com Service by viewing SpacialNet.com's Web page at http://www.spacialnet.com/ under the section designating the service you have chosen. The Acceptable Use Policy may contain additional charges for particular services. Customer agrees that SpacialNet.com may pre-charge Customer's monthly service fee to the credit card supplied by customer during registration. If SpacialNet.com does not receive the full amount of Customer's SpacialNet.com Service account balance within 30 days of the invoice date or billing date, the lesser of an additional 1.5%, or the highest percentage allowed by law, of the outstanding balance may be added to your bill as a late charge each month and will be due and payable immediately. The specific service you have chosen may offer you the choice of additional payment terms, including without limitation pre-payment terms. SpacialNet.com reserves the right to increase fees, surcharges, monthly subscription fees or to institute new fees at any time upon 30 days prior notice. SpacialNet.com may reduce any fees at any time without notice. In the event that your account is terminated or canceled, on-line time credited to your account is not convertible to cash or other form of credit. All SpacialNet stream hosting accounts will auto-renew after 30 days and incur another charge to your account unless cancelled.
In order to not incur any further billing at SpacialNet, you must cancel your account(s) with SpacialNet. This can be done by going into your account and clicking "cancel" in My Services. Alternatively you can contact SpacialNet via phone or by our HelpDesk to cancel your account. You can find our contact details at http://www.spacialnet.com/contact.html. Accounts will continue to incur charges until they are properly cancelled and you will be liable for these charges. Please see the Refund Policy if you have a balance on your account that needs refunding after cancellation.
10. Station listing.
SpacialNet provides a service of listing station details on public directories like AudioRealm. By activating a listen link on the SpacialNet/AudioRealm portal you give SpacialNet/AudioRealm express permission to launch a player link to your station. You also further accept full responsibility for any royalty fees associated with your stream.
You can choose not to list on SpacialNet/AudioRealm at any time by logging into your account and modifying the listen link for your station, or disabling listing on AudioRealm completely from your software application.
You can also opt-in to have your station details listed and promoted on 3rd party sites and systems which may include direct listen links to your station. SpacialNet has no control over how your listing is used in such 3rd party sites and systems. If you do not wish to be promoted on these 3rd party sites, you should not opt-in to this service.
11. Personal Information.
You hereby certify to SpacialNet.com that you are not a minor. (A minor's parent or legal guardian may authorize a minor to use his/her account(s) under supervision by the parent or guardian). For purposes of identification, billing and marketing, you must provide SpacialNet.com with accurate, complete, and updated information required by the registration to the SpacialNet.com Service ("Member Registration Data"), including your legal name, address, telephone number(s), and applicable payment data (for example, a credit card number and expiration date). You must notify SpacialNet.com within 30 days of any changes in your Member Registration Data. SpacialNet.com may require a copy of a state issued form of identification before making changes to the billing information or registration data on a Customer's account.
12. Accounts and Passwords.
his agreement applies to all accounts, sub-accounts, alternative account names associated with your principal account. You are responsible for the use of each of your accounts, whether used under any name or by any person, and for ensuring full compliance with this agreement by all users of that account. A SpacialNet.com Service account may not be transferred without prior written approval from SpacialNet.com. You are responsible for maintaining the confidentiality of your passwords. In the event of a breach of security through your account, you will be liable for any unauthorized use of the SpacialNet.com Service until you cancel SpacialNet.com customer service at http://www.spacialnet.com.
13. OFFENSIVE MATERIAL.
YOU UNDERSTAND THAT INFORMATION AVAILABLE TO YOU THROUGH THE SpacialNet.com SERVICE MAY INCLUDE MATERIALS THAT ARE UNEDITED, SEXUALLY EXPLICIT OR OFFENSIVE TO YOU AND THAT YOUR ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK. SpacialNet.com AND ITS AFFILIATES HEREBY DISCLAIM ANY RESPONSIBILITY FOR OR CONTROL OVER SUCH MATERIALS.
14. At-Will Termination.
This agreement will become effective on the date SpacialNet.com receives your first payment, and will remain in effect billing-month-to-billing-month unless terminated by either party pursuant to this agreement. You may terminate the agreement and your subscription at any time for any reason or no reason. SpacialNet.com may immediately restrict, suspend or terminate without notice, your access to and use of the SpacialNet.com Service upon any breach of this agreement, including the then-current Acceptable Use Policy. SpacialNet.com may also terminate the agreement at any time for any reason or no reason, upon 10 days' prior notice. In the event of any termination for breach of this agreement, you may not establish a new subscription with SpacialNet.com for one year from the date of termination. Upon and after termination, SpacialNet.com will not be obligated to provide you with access to any stored information or content related to your account. Your only right with respect to any dissatisfaction with any terms, rules, policies, guidelines, or practices of SpacialNet.com in operating the SpacialNet.com Service, any change in the content of the SpacialNet.com Service, or any change in the amount or type of fees charged in connection with the SpacialNet.com Service, is to terminate this agreement by delivering notice to SpacialNet.com, effective the day SpacialNet.com receives notification of termination.
15. IP Addresses.
If SpacialNet.com assigns you an Internet Protocol address for your use of the SpacialNet.com Service, the right to use that Internet Protocol address will belong only to SpacialNet.com, and you will have no right to use that Internet Protocol address except as allowed by SpacialNet.com in its sole discretion in connection with the plan you have selected, during the term of this agreement.
16. Electronic Mail.
SpacialNet.com may, but is not obligated to, block any incoming or outgoing e-mail message that SpacialNet.com determines, in its sole discretion, is unsolicited or otherwise violates the then-current Acceptable Use Policy. SpacialNet.com shall not be responsible for lost, misdirected or undeliverable e-mail.
Upon request of SpacialNet.com, you shall defend, indemnify and hold harmless SpacialNet.com, its officers, directors, employees, agents and licensees, from any claims, losses, damages, expenses, and fees including without limitation reasonable attorneys fees, arising out of or relating to your use of the SpacialNet.com Service, including without limitation any violation by you of SpacialNet.com's Acceptable Use Policy. The terms of this Section will survive any termination of this agreement.
18. Entire Agreement.
This agreement constitutes the entire agreement between you and SpacialNet.com with respect to the SpacialNet.com Service and supersedes all prior agreements between you and SpacialNet.com. SpacialNet.com's failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect.
Any notices in connection with this agreement must be sent to each party as follows: if to Legal Department, Spacial Audio Solutions LLC, 2002 Academy Ln, Suite 110, Dallas, Texas, USA, 75234 - or online; if to you: either the e-mail address for your account, or the address supplied by you as part of the Member Registration Data. Any notices or communication under this agreement will be deemed delivered to the party receiving such communication on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile or (5) on the delivery date if transmitted by confirmed email.
20. Force Majeure.
SpacialNet.com will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including without limitation Internet outages, communications outages, fire, flood, war or act of God.
21. General Terms.
Interpretation and enforcement of this agreement will be governed by the laws of the state of Texas (excluding its choice of law rules). You hereby consent to personal jurisdiction in the federal and state courts of Hockley County, Texas for any action arising out of or relating to your use of the SpacialNet.com Service. The federal and state courts of Hockley County, Texas will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. The terms of this Section will survive any termination of this agreement.
22. Copyright ©2005/2006 SpacialNet.com.
All rights reserved. This page may contain other proprietary notices and copyright information, the terms of which must be observed and followed.