Agreement Between Ohio Broadcasting Network and All Customers
Activities Subject to Immediate Deactivation.
Past due accounts are now subject to a late fee of single accounts are $4.95 and multi-station networks are $14.95. Three days then the account is suspended! After 4 days we can terminate your account and delete it from the server at any time.
Please pay your account on time! Every minute your streaming costs money! Please pay on time so we can save you money!
The following applies to full networks
Any specials on streaming or station submissions are required to stream with us for 12 month period. Submission to iTunes, AOL and so on. If early cancellation will result in a submission fee of $200.00. This is for dedicated network submissions.
ACCOUNT WAS TERMINATED
Reinstall accounts will be charged a $50.00 reconnect fee on top of late and normal fees. What does this mean? This means if your account gets terminated from the server there will be a reinstall fee. That means your account has to be completely reinstalled and set up. This can take up to two hours to get back on the server.
Were in business to save the customer money. If you're going to be late please let us know ASAP. If your account was terminated from the server you will be charged a reinstall fee.
Terms for account removal
Any Hosting Account that is used for Illegal, Abusive or Unethical Activity may be immediately deactivated by us without warning to you. Any misuse or overuse of the server will result in the immediate deactivation of an account. Illegal, Abusive or Unethical Activities include, but are not limited to inclusion of or linking to, pornography, mp3's, obscenity, nudity, violations of privacy, hacking, IRC related scripts and programs, non-approved server scripts, egg drops, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses, as determined by us. You agree to indemnify and hold Ohio Broadcasting Network harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials. Although we will make reasonable efforts to alert you to such activities and allow you an opportunity to cure them within a 12-hour period after discovery, we are not required to give notice before deactivating your use of our services if, in our discretion, your use is or results in Illegal, Abusive or Unethical activities. If a Hosting Account is disabled, the regular monthly fees still apply. Each individual hosting account is allowed 1 subdomain name. Ohio Broadcasting Network Web Services reserves the right to Cancel/Deactivate any account at any time for any reason. There will be no tolerance for any abuse of any of our support methods, which will result in immediate suspension. Public Nature of the Internet. Please understand that all information submitted on the Hosting Account shall be considered publicly accessible. Important and private information should be protected/backed up by you. For example, we are not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider that you may use. Unsolicited Electronic Mail. You are expressly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, information announcements, and political tracts. Such material may only be sent to those who have specifically requested it. Malicious or threatening email is also prohibited. We reserve the right to immediately deactivate your use of our service if we discover such activity. Further, you agree to indemnify and hold Ohio Broadcasting Network harmless from any claim resulting from your use or distribution of electronic mail services through the service provided through this Agreement. Anyone using our services for spamming will be immediately subject to a $500.00 cleanup/network abuse fee. Servers are not to be used for the purpose of hosting scripts or images for data collection or any other purpose to reduce the load on another web host, or for any other reason. Servers are not to be used for the hosting or serving of file downloads. Any site with traffic or disk usage consisting of more than 33% of file downloads (non HTML traffic) may be suspended. Customers are not permitted to open connections to the server at a rate of more than 3,000,000 connections/month. Customers are not permitted to run scripts on their account with us, to monitor connections and statuses of other servers (gaming servers for example). Customers are not permitted to get multiple accounts with Ohio Broadcasting Network, for the purpose of getting extra bandwidth only, to avoid bandwidth overage charges. Customers are not permitted to host multiple separate domains (not referring to parked domains) on one account unless this is a feature of there account they have ordered. Ohio Broadcasting Network can and will terminate accounts of people using our servers not to host their domain but only scripts.
Ohio Broadcasting Network Web Services reserves the right to modify this agreement at any time.
Terms of Service
This Terms of Service Agreement (TOS) is a formal and legally binding agreement between OhioBroadcastingNetwork.com (we, Company) and You, the service user (you, Subscriber). The use of our service constitutes acceptance and agreement to the TOS in full.
- Purpose and Overview of the TOS
- Specific Violations of the TOS
- Network Performance
- Payment Policy
- General Operations
- Violation Reporting
- Violation Procedures
- Miscellaneous Provisions
1. PURPOSE AND OVERVIEW OF THE TOS
The TOS is provided to give our Subscribers and users a clear understanding of what we expect of them while using our services. All users of our services including those who access our services but do not have accounts, as well as those who pay a service fee to subscribe to the services, must comply with our TOS.
We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any website, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary websites. However, in accordance with our TOS, we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate the TOS. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of the TOS may result in the suspension or immediate termination of your account without prior notice.
The following are guidelines for the establishment and enforcement of the TOS:
- Ensure reliable service to our customers
- Ensure security and privacy of our systems and network, as well as the networks and systems of others
Comply with existing laws
- Maintain our reputation as a responsible service provider
- Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
- Preserve the value of Internet resources as a conduit for free expression and exchange of information
- Preserve the privacy and security of individual users
- While we are committed to the principles of free speech, certain activities that may be damaging to the resources of both us and the Internet and cannot be permitted under the guise of free speech. The resources of us and the Internet are limited, and abuse of these resources by one user has a negative impact on the entire community.
We do not routinely monitor the activity of accounts except for measurements of system utilization and the preparation of billing records. However, in our efforts to promote good citizenship within the Internet community, we will respond appropriately if we become aware of inappropriate use of our service.
If you violate the TOS, we reserve the right to terminate your service without notice. We prefer to advise Subscribers of inappropriate behavior and any necessary corrective action, however, flagrant violations of the TOS will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
2. SPECIFIC VIOLATIONS OF THE TOS
By using our services you agree not to commit any of the following specific violations of the TOS. The following constitute specific violations of the TOS:
Illegal use. Our services may not be used for illegal purposes, or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. If illegal content or usage is found, the account will be suspended and/or terminated. Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber.
Harm to minors. Use of our service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography is prohibited. Violation of this policy will result in immediate termination of your service and a report will be made to law enforcement authorities.
Threats. Use of our service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property is prohibited.
Harassment. Use of our service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another is prohibited.
Fraudulent activity. Use of our service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "Ponzi schemes," and "chain letters" is prohibited This also includes any knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.
Forgery or impersonation. Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. Forging any message header, in part or whole, of any electronic transmission, originating or passing through our service is in violation of the TOS. The use of anonymous remailers or nicknames does not constitute impersonation.
Unsolicited commercial e-mail/Unsolicited bulk e-mail (SPAM). Use of our service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violation of this SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, we will initiate an investigation. During the investigation, we may restrict Subscriber access to the network to prevent further violations. If a Subscriber is found to be in violation of our SPAM policy, we may, at our sole discretion, restrict, suspend or terminate the Subscriber's account. Further, we reserve the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. We will notify law enforcement officials if the violation is believed to be a criminal offense. Anyone using our service to host websites or services that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account(s) immediately suspended. The account will not be un-suspended until such time that you agree to remove any and all traces of the offending material immediately upon reconnection. First violations of this policy will result in an "Administrative Fee" of $50.00 and your account will be reviewed for possible immediate termination. Severe violations may result in immediate and permanent removal of the account(s) from our network without notice to the customer. A second violation will result in an "Administrative Fee" of $250.00 and immediate termination of your account.
E-mail/News Bombing. Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending account.
Usenet Abuse/Spamming. We have a zero-tolerance policy for the use of our service for the posting of messages or commercial advertisements which violate the rules, regulations, or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.
Unauthorized access. Use of our service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of ours or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending account is subject to immediate termination. You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Copyright or trademark infringement. Use of our service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software is prohibited. This also includes intellectual property rights. Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
Collection of personal data. Use of the service to collect, or attempt to collect, personal information about third parties without their knowledge or consent is prohibited.
Network disruptions and unfriendly activity. Use of the service for any activity which affects the ability of other people or systems to use our services or the Internet is prohibited. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. This includes, but is not limited to "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host. It is the Subscriber's responsibility to ensure that their account(s) are configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their account for illegal or inappropriate actions. A Subscriber may not permit their account, through action or inaction, to be configured in such a way that gives a third party the capability to use their account in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. We will not tolerate any Subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your account, or if denial of service attacks are originating from your account. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.
Distribution of Viruses. Intentional distributions of software or anything that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.
Inappropriate Use of Software. Use of software or any device that would facilitate a continued connection, i.e. pinging, while using our services could result in the suspension of service.
IRC networks. It is forbidden to host IRC (Internet Relay Chat) that is part of or connected to another IRC network or server. Accounts found to be connecting to or part of these networks will be immediately suspended without notice. The account will not be unsuspended until such time that you agree to remove any and all traces of the offending material immediately upon reconnection. Severe violations may result in immediate and permanent removal of the account(s) from our network without notice to the customer. Any user who commits a second violation will be immediately and permanently removed from our network without notice.
Streaming Video and Audio. Streaming Video and Audio is not permitted on our servers. You must zip the content to prevent this if you wish to have it hosted, and like everything else, this content must be legal and in compliance with our copyright guidelines. You must provide your own license for radio station streaming. If you bought an SP package from us then you can host video and audio as long as you own the copyrights or have a license through the proper services such as BMI, ASCAP, Sound Exchange, Sesac. We do not sell the license to online stations. For AM/FM license please call us.
Eggdrop Scripts. Eggdrop scripts/bots and IRC bots of any type are not allowed, these are grounds for immediate account deletion.
Adult Material. Adult Material is not allowed unless specified in your package deal. If a website is found to contain adult material that is not on an adult approved server/package, the website will be suspended.
Objectionable Material. You may not use our service to publish material, which we determine, at our sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including but not limited to: narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings. If you are unsure if your content is objectionable, please contact us before posting it.
Chinese Forums. Chinese Forums are not allowed on our network. These sites require too much CPU usage. They typically require a dedicated server to run properly. If they are found on any server we will suspend and/or terminate them.
ANIME. Anime websites are not allowed on our network. If an Anime website is found we will terminate the account. These sites are not allowed on our servers because most of them are illegal, and almost inevitably cause server problems.
Demo Accounts. Due to the potential for a security breach, or malicious activity aimed at our network, control panel demo accounts are not allowed. We recommend linking directly to the control panel maker's website for their demo (for example www.cpanel.net).
Use of our service by minors. Persons under the age of eighteen (18) must have permission from their parent/guardian to use our services. By signing up for our service, you agree that you are over the age of eighteen, OR your parent/guardian has permitted you to do so and has read and agreed to the TOS, and has accepted responsibility for any actions you may take as a minor under their custody.
By using our services you agree to adopt adequate security measures to prevent or minimize unauthorized use of your account. Your password provides access to your account. It is your responsibility to keep your password secure. Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
Subscribers will be held responsible for any activity by third parties using their accounts in a way that violates the TOS. You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account.
Subscribers who are resellers are responsible for enforcing the TOS to all of their clients. If their clients are found to be violating the TOS, we will suspend and or/terminate the offending site and let the reseller know. It is advisable that you adopt similar or stricter policies than ours. Our Subscribers may use and/or modify a copy of our TOS for use on their website(s).
4. NETWORK PERFORMANCE
By using our service you agree to abide by this policy. Our services operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.
You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of our systems or networks. This may include certain scripts or forums that put excessive use on the SQL server in a way that degrades performance for other users. We reserve the right to terminate or limit such activities. Additionally, if your account(s) becomes the target of denial-of-service (DOS or DDOS) or other malicious attacks against the server, we reserve the right to end your service.
Policy for Unlimited Accounts. Unlimited Accounts are indeed unlimited per these terms of service. For all legal and practical purposes, the word "unlimited", as used in any of our advertising or other material, shall be defined only by these terms of service. These accounts may not be used to host a collection of MP3's, Warez, or media files. An account may not be used to back up your computer or another source. They may not be used for general storage of any type. All content stored on an unlimited account must be directly used on the Internet by the website associated with that account. These accounts may not be used as a download distribution point for your software or files. They are to be used for standard web practices only. This means that all content stored on an unlimited account must be used for “normal” website use. “Un-normal” usage is anything that a shared server would not be able to provide under standard circumstances. If your account requires resources that are not able to be provided by a shared server, we may require you to rent a dedicated server. If you are unsure of whether your account may violate this policy, please contact us prior to subscribing.
5. PAYMENT POLICY
By using our services you agree to the following payment policy and instructions.
Refunds. We do not offer trial periods or refunds or prorate accounts. If you dispute a charge to your credit card issuer or take any action that results in a payment being reversed that, in our sole discretion is a valid charge under the provisions of the TOS, you agree to pay us an "Administrative Fee" of $250.00 plus all legal fees in court.
Payment/Subscription. Establishment of this service is dependent upon receipt by the Company of payment of stated charges. We require that all Subscribers use an automatically recurring payment subscription through one of our payment processors (currently Paypal and 2Checkout). Your recurring subscription must remain active at all times for your account to remain activated. If a subscription becomes inactive and/or is canceled, we will suspend the account and issue a warning to the Subscriber to their email address on file. If the subscription is not rectified within 7-days of the warning we will delete the account from the server. If it is a reseller account we will also delete any domains “under” the primary account. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. We may allow some users to purchase our services with a one-time payment or subscription that is not automatically recurring. Any such allowance does not forfeit our right to require any such user to activate a recurring subscription at any time.
Cancellation. All cancellations must be made by the subscriber by canceling their recurring subscription. We will not comply with verbal or written requests to cancel accounts. It must be done by canceling the subscription with the payment processor. Upon notification that a subscription has been canceled, we will delete the Subscriber’s account from the server. We will not wait until the end of any advertised or perceived billing cycle, and we will not refund any unused portions of any subscription payment. We require that a recurring subscription be active at all times and will, therefore, delete the account upon termination of the subscription.
Service Rates. Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. The subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to the company by its suppliers.
6. GENERAL OPERATIONS
By using our service you agree to the following policy and limitations pertaining to our services.
Uptime. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the Company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Subscriber agrees that the Company shall not be liable for any damages arising from such causes. In no event shall the Company be liable for any special or consequential damages, loss or injury. Although many of our own network providers guarantee an uptime of 99% or more, we make no guarantees about uptime performance because we realize there are influencing factors that are outside of our control, and in most cases even outside the control of the data centers and network providers we work with.
Support Boundaries. We provide technical support to our Subscribers. We limit our technical support to our areas of expertise. We provide support related to your account or virtual site’s physical functionality. We do not offer tech support for application-specific issues such as CGI programming, HTML, or any other such issue. We do not provide technical support for your customers unless an outsourced support subscription has been purchased. We provide a variety of support information and options to our Subscribers. These support options can be found on the support page of our website.
Abuse of Our Staff or Network Staff. Abuse towards our staff or our network staff will not be tolerated. If you use foul language, threaten us, or do anything we find offensive, we may suspend and/or delete your account. Per our payment policy, we offer no refunds.
Internet Protocol (IP) Address Ownership. If we assign a Subscriber an IP address for the Subscriber's use, the right to use that IP address shall belong only to Ohio Broadcasting Network and Subscriber shall have no right to use that IP address except as permitted by us in our sole discretion in connection with the services. We shall maintain and control ownership of all IP numbers and addresses that may be assigned to Subscriber by us, and we reserve the right to change or remove any and all such IP numbers and addresses, in our sole and absolute discretion. Our allocation of IP addresses is limited by the policies set forth by ARIN (American Registry for Internet Numbers). These policies state that the use of IP addresses for IP-based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke an authorization to use those IP addresses that could be used with name-based hosting.
Bandwidth and Disk Usage. Subscriber agrees that bandwidth and disk usage shall not exceed the quota for the services ordered by Subscriber on the order form (the "Agreed Usage"). We will monitor Subscriber's bandwidth and disk usage. We have the right to take corrective action if Subscriber's bandwidth or disk usage exceeds the Agreed Usage in our sole discretion. Such corrective action may include the assessment of additional charges or disconnection or discontinuance of the service. If we take any corrective action under this section, Subscriber shall not be entitled to a refund of any fees paid in advance prior to such action.
7. VIOLATION REPORTING
By using our service you agree to report violations of the TOS to us. Anyone who believes that there is a violation of our TOS should direct such information to us by email immediately. If available, please provide the following information:
- The IP address used to commit the alleged violation
- The date and time of the alleged violation, including the time zone or offset from GMT
- Evidence of the alleged violation
- An e-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. We may take any one or more of the following actions in response to complaints:
- Issue wrote or verbal warnings
- Suspend the Subscriber's newsgroup posting privileges
- Suspend the Subscriber's account
- Terminate the Subscriber's account
- Bill the Subscriber for administrative costs and/or reactivation charges
- Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations
8. VIOLATION PROCEDURES
By using our services you understand and agree with the following procedures and policies.
We are under no duty to look at each Subscriber's or user's activities to determine if a violation of the TOS has occurred, nor do we assume any responsibility through our TOS to monitor or police Internet-related activities.
First Violation. Any Subscriber, which we determine to have violated any element of the TOS, shall receive an email, warning them of the violation. The service may be subject at our discretion to a temporary suspension pending a Subscriber's agreement in writing, to refrain from any further violations.
Second Violation. Subscribers that we determine to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
Suspension of Service or Cancellation. We reserve the right to suspend network access to any Subscriber if in the judgment of the network administrators the customer's account is the source or target of the violation of the TOS or for any other reason which we choose. If inappropriate activity is detected, all accounts of the Subscriber in question will be deactivated until an investigation is completed. Prior notification to the Subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity.
9. MISCELLANEOUS PROVISIONS
Indemnification. In agreeing to the TOS, Subscriber indemnifies us for any violation of the TOS that results in loss to us or the bringing of any claim against us by any third-party. This means that if we are sued because of a Subscriber's or a customer of a Subscriber's activity, the Subscriber will pay any damages awarded against us, plus all costs and attorney's fees.
Contact Information. You must provide us with, and keep current, good contact information for yourself including an E-mail address and telephone number. If we fail to communicate any information to you due to a non-current, inoperative, or incorrect email address you are still responsible and accountable for any such information we attempted to communicate.
Waiver. A waiver by the Company of any breach of any provision of the TOS by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
Assignment. Subscriber shall not transfer or assign the TOS without the prior written consent of the Company. A company may assign the TOS at any time without consent from or notice to Subscriber. The company reserves the right to cancel the Subscriber’s rights under this contract at any time without further obligation.
3rd Party Disclaimer. We take no responsibility for any material input by others and not posted to our website by us. We are not responsible for the content of any other websites linked to us; links are provided as Internet navigation tools only. We disclaim any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
Disclaimer of warranties. We are not responsible for any damages your business may suffer. We do not make implied or written warranties for any of our services. We deny any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by us.
3rd Party Software and Services. We may provide you access to third-party software and/or services ("Third Party Products ") through reseller relationships we have established with certain commercial vendors. Subscriber understands that product support for Third Party Products is provided by us and not by the Third Party Vendor unless otherwise notified. Neither us nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. Subscriber expressly acknowledges and agrees that use of third party products is at customer's sole risk and such third party products are provided "as is" and without representation or warranty of any kind from us or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither Us nor any third-party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. Subscriber agrees to observe the terms of any license and/or applicable end-user subscriber agreement for third-party products and that customer shall be fully liable to third-party vendors and us with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user subscriber agreements. Subscriber agrees not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on Third Party Products or that appear during the use of Third Party Products. Subscriber further agrees not to reverse engineer, decompile, or disassemble the Third Party Products.
Revisions to the TOS. We reserve the right to revise, amend, or modify the TOS at any time and in any manner. In such a case, the amended or revised TOS will be posted to our website. Subscriber understands that changes to the TOS shall not be grounds for early contract termination or non-payment.
Location and Severability. The TOS shall be construed in all respects in accordance with the laws of the State of Ohio. If any part of the TOS is found to be invalid or unenforceable by law, the remainder of the TOS will remain enforceable and in full effect.
10. TRANSMITTAL OF MATERIALS
You agree not to transmit unsolicited or prohibited advertising or other harassing or illegal materials through electronic mail, Usenet postings, or other Internet media. The use of Ohio Broadcasting Network or any other service with reference to services obtained through Ohio Broadcasting Network, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as "spamming" is strictly prohibited and may cause your services to be terminated immediately and without warning and you will be held fully responsible for any damages to you, Ohio Broadcasting Network, or any other party or parties resulting from any such conduct.
Please understand that all information submitted on the Hosting Account shall be considered publicly accessible. Important and private information should be protected/backed up by you. For example, we are not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider that you may use.
Unsolicited Electronic Mail. You are expressly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, information announcements, and political tracts. Such material may only be sent to those who have specifically requested it. Malicious or threatening email is also prohibited. We reserve the right to immediately deactivate your use of our service if we discover such activity. Further, you agree to indemnify and hold Ohio Broadcasting Network harmless from any claim resulting from your use or distribution of electronic mail services through the service provided through this Agreement. Anyone using our services for spamming will be immediately subject to a $500.00 cleanup/network abuse fee. Servers are not to be used for the purpose of hosting scripts or images for data collection or any other purpose to reduce the load on another web host, or for any other reason. Servers are not to be used for the hosting or serving of file downloads. Any site with traffic or disk usage consisting of more than 33% of file downloads (non-HTML traffic) may be suspended. Customers are not permitted to open connections to the server at a rate of more than 3,000,000 connections/month. Customers are not permitted to run scripts on their account with us, to monitor connections and statuses of other servers (gaming servers for example). Customers are not permitted to get multiple accounts with Ohio Broadcasting Network, for the purpose of getting extra bandwidth only, to avoid bandwidth overage charges. Customers are not permitted to host multiple separate domains (not referring to parked domains) on one account unless this is a feature of there account they have ordered. Ohio Broadcasting Network can and will terminate accounts of people using our servers not to host their domain but only scripts.
You agree to supply appropriate payment for the services received from Ohio Broadcasting Network, in advance of the time period during which such services are provided. You agree that all setup fees are non-refundable once the setup is completed. You agree that until and unless you notify the Ohio Broadcasting Network of your desire to cancel any or all services 90 days prior to renewal via email, those services will be billed on a recurring basis. You agree that if you are paying by credit card, prepayments will be billed and charged automatically and that Ohio Broadcasting Network may apply the amount due to the provided card at any time. You agree that pro-rated refunds for unused time periods will be not provided in the event of account termination.
Past due accounts are now subject to a late fee of $25.00 one day overdue then $50.00 on the second day overdue then account may be suspended! Please pay your account on time!
Any specials on streaming or station submissions are required to stream with us for 12 month period. Submission to iTunes, AOL and so on. If early cancellation will result in a submission fee of $200.00.
You agree to pay any collection and attorney fees.
12. PRIOR AGREEMENTS
This agreement supersedes any written, electronic, or oral communication you may have had with Ohio Broadcasting Network or any agent or representative thereof, and constitutes the complete and total agreement between the parties.
If any provision of this agreement is determined to be invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
This agreement shall be governed by the laws of the State of Ohio.
In the event you cancel your service, you will be charged in full for the entire contract. (Example: 12-month contract canceled early in 3 months would still be charged for 9 months of service due 7 days after cancellation.) Account cancellations for accounts with a negative balance will be passed on to collections, and all services rendered to the party with the negative balance will be terminated, including domain registrations. In the event you have elected to prepay subsequent, additional months' Service Fees, we retain the right to charge you an administrative fee of 50% and deduct the administrative fee from the subsequent, future months' Service Fees. There is a $50 administrative fee for any illegitimate chargeback's placed against us. Any illegitimate chargeback's or threatened illegitimate chargeback's are grounds for immediate account cancellation. The cancellation of any contract is due in full 7 days after cancellation.
Ohio Broadcasting Network Web Services reserves the right to modify this agreement at any time.
By using and continuing to maintain or place information on Ohio Broadcasting Network' servers you are stating and acknowledging that you have read the aforementioned terms and conditions and that you understand such terms and conditions and agree to be bound by them.
17. Network service fees on buyouts are $5,000. This gives you full control of the network so you may resell the same services we offer your network.
18. Overages and hourly
Hourly fees are $75.00 per hour. Once a project is started it is charged an hour minimum. Consultation fees are extra and charged per on-call basis. Call for prices. Out of office fees are $150.00 an hour with a two-hour minimum. Studio training is $300.00 per hour per show. Travel fees are extra to all out of office appointments.