This Content Service Hosting Agreement ("Agreement") is by and between RadioWithAView. ("Company "), a/an California corporation, and You, Your heirs, assigns, agents and contractors ("You") and is effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Company 's Content Service Hosting Agreement services (collectively, the "Services") and represents the entire agreement between You and Company . By using the Services, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies, including the Universal Terms of Service which Company may establish from time to time. Such Agreements may be found here.
In addition to transactions entered into by You on Your behalf, or on behalf of the organization you are acting on behalf of, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with Company, whether or not the transactions were initiated with your authorization.
Description of Service
Company currently provides the Services to its customers for a monthly fee or a share of the various sources of revenue generated as a result of use of the Company's services.. In agreeing to the use of the You abide by the terms and conditions set forth herein and in each of Company 's policies and procedures here .
You have contracted Company to, viea Company's website(s) stream live video, to stream video recorded for or by you, and to host banner advertisement and other sales and marketing services. You may also have authorized Company to install webcasting equipment, or, on occasion, bring webcasting equipment onto your property.
Company will create the required area on the Company's website to host the content prodiced for or by the services provided. You have no onwership of the Company's website in any way. Although Company has called the service a Hosting service, Company in no way implies that you have a website hosted with the Company. Company owns the website and associated services, and is hosting content on the site created by or for you.
The following additional conditions apply to the Services: (a) Administrative access to the Hosting account associated with the Services may be unavailable to You during times when Design Team staff are: 1) building the initial web site or venue or venue, and 2) performing any web site or venue updates after the site or venue is published; (b) There will be no FTP access to the Hosting account associated with the Services. You may upload content in areas configured to do so, but the system does not operate using FTP or file uploads; (c) The Hosting account associated with the Services will include Administrative functionality that will allow You to manage some Web site or venue content, but will not allow You to reconfigure settings or add new functionality to the full system. (d) The Hosting account allows you complete access to any content created by You or the Company team during site or venue development and subsequent updates, for development and staging (site or venue previews) EXCEPT when the Company team is in the development process for your site or venue(e) Company reserves the right to modify the Administrative software associated with the Services without warning or consent.
License of Your Content
Company grants to You, and You accept from Company, a non-exclusive, worldwide and royalty free license to display, use and transmit on and via the Internet Your web site or venue content in connection with Company 's performance or enforcement of this Agreement.
Availability of Services
Subject to the terms and conditions of this Agreement, Company shall attempt to provide the Services for twenty-four (24) hours per day, seven (7) days per week throughout the term of this Agreement. You agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs that Company may undertake from time to time; or (c) causes beyond the control of Company or that are not reasonably foreseeable by Company , including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures.
You agree that Company has no control of availability of the Services on a continuous or uninterrupted basis.
Service Availability Guarantee
Company offers no service uptime guarantee for the Services provided.
You have contracted Company to stream live video, to stream video recorded for or by you, and to host banner advertisement and other marketing services. All files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through Your web site, including, without limitation, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text. Notwithstanding anything in this Agreement to the contrary, in no event shall Your web site or venue consist of pages containing any of the following types of content: (a) pornographic, obscene or excessively profane content; (b) content intended to advocate or advance computer hacking or cracking; (c) gambling; (d) illegal activity; (e) drug paraphernalia; or (f) hate, violence or racial or ethnic intolerance, or any other content deemed illegal. Company retains the right to, at its sole descretion, refuse to display, and or to remove content which has been identified as inappropriate content.
Company will integrate individual SSL when an LGE site or venue is under a Domain Name rather than under www.letsgoexpo.com. Issues associated with security will are to be directed to the SSL provider. You agree to hold Company harmless in the case of security breaches due to SSL security weaknesses. Any SSL certificate You purchase for useuse in conjunction with the Services provided by Company, is intended for its specific use as described in the Subscriber Agreement and will not be exported from the server to be used with any other web hosting service. If You are using an SSL certificate on a web site or venue hosted by Company, Company will securely store a corresponding private key. For security reasons, at no time will Company release Your private key, even if You request.
Information Shared with Partners
As a condition of using the Services provided by Company, You acknowledge and agree that Company may provide Your and any entities you represent, to their corporate partners, as required to provide the plans or products for which You are purchasing.
Upon the expiration of Your initial hosting service term, Your hosting service shall automatically renew for the same period of time and Your payment method shall be charged for the renewal term on the renewal date. You acknowledge and agree that in the event You do not desire to automatically renew Your hosting services for the same period of time, it is Your responsibility and obligation to contact the Company and request to terminate the relationship. Your Account and manually select to renew on a month-to-month basis. Not contacting the company to terminate shall be deemed acceptance of the renewal term.
You represent and warrant to Company that: (i) Your Content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation; (ii) infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person; and (iii) that You own Your web site or venue content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your web site or venue. You also warrant that the web site or venue being hosted by Company will not be used in connection with any illegal activity. If You are hosting Your web site or venue on Company 's servers, You are responsible for ensuring there is no excessive overloading on Company 's DNS or servers. In the event You exceed Your allotted bandwidth or disk space and thereby overload Company 's DNS or servers, You shall be assessed any and all fees, costs and penalties associated with such overloading. You may not use Company 's servers and Your web site or venue as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and Company reserves the right to remove site or venues containing information about hacking or links to such information. Use of Your web site or venue as an anonymous gateway is prohibited. Company prohibits the use of software or scripts run on its servers that cause the server to load beyond a reasonable level, as determined by Company . You agree Company reserves the right to remove Your web site or venue temporarily or permanently from its servers if Company is the recipient of activities that threaten the stability of its network. Further, You acknowledge and agree Company has the right to terminate Your Services in its sole discretion and for any reason, including, but not limited to, Your failure or unwillingness to comply with the terms and limitations of this Agreement, specifically, the content and material restrictions set forth in this Agreement. You agree not to engage in unacceptable use of any Services, which includes, without limitation, use of the Services to: (i) disseminate or transmit unsolicited messages, chain letters, unsolicited commercial email, or unreasonably large volumes of email on a daily basis, provided, Company, in its sole discretion, may permit You, if You have a legitimate purpose and after request, to send more email than Company 's standard SMTP relay limit; (ii) disseminate or transmit any material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (iv) create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication; (v) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions; (vi) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which You do not have authorization to access or at a level exceeding Your authorization; (vii) disseminate or transmit any virus, trojan horse or other malicious, harmful or disabling data, work, code or program; (viii) engage in any other activity deemed by Company to be in conflict with the spirit or intent of this Agreement or any Company policy; or (ix) use Your server as an "open relay" or similar purposes.
Company prohibits the running of a public recursive DNS service on any Company server. All recursive DNS servers must be secured to allow only internet network access or a limited set of IP addresses. Company actively scans for the presence of public DNS services and reserves the right to remove any servers from the network that violate this restriction.
In the event that any service charges are assessed by Company for, but not limited to, setup, configuration, support, domain management, gateway integration, or any other services, there are no refunds.
Storage and Security
At all times, You shall bear full risk of loss and damage to Your web site or venue and all of Your web site or venue content supplied by you or the organization you represent.
You are entirely responsible for maintaining the confidentiality of Your password and account information. You agree You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the site or venue or any of Your web site or venue content displayed, linked, transmitted through or stored on the Server. You shall be solely responsible for undertaking measures to: (i) ensure the security, confidentiality and integrity of all your web site or venue content transmitted through or stored on Company servers; and (ii) ensure the confidentiality of Your password. Company 's shared hosting servers are not an archive and Company shall have no liability to You or any other person for loss, damage or destruction of any of Your content. Although compliant with PCI standards (Payment Card Industry),The Services are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be considered as one. Company shall have no liability to You or any other person for Your use of the Services in violation of these terms. You shall at all times use the Services as a conventional and/or traditional web site or venue. You shall not use the Service in any way, in Company 's sole discretion, that shall impair the functioning or operation of Company 's Services or equipment. Specifically by way of example and not as a limitation, You shall not use the Services as: (i) a repository or instrument for placing or storing archived files; and/or (ii) placing or storing material that can be downloaded through other web site or venues unless the files, recordings, or archives are specifically associated with an event or meeting, and as intended and implied by the structure of the Company system. You acknowledge and agree that Company has the right to carry out a forensics examination in the event of a compromise to Your server or account.
In the event You terminate, moving Your files off of the Company shared hosting servers is Your responsibility. Company will not transfer or FTP Your web site or venue to another provider. In the event Your use of the Services is terminated, Company will not transfer or manage Your Services or Your web site or venue content. You will have unlimited access to: (a) content within html editors whcih can be copied and pasted into an external editor, (b) database content which can be exported via the Export to Excel function on any page. Files of any type uploaded to the system are not available for download, therefore You accept all responsibility for ownership and maintenance of the orignal copy of those docuements, and agree that Company will not supply or transfer any files or folders of files back to a client. You may request, in writing, an export of files and database content to be supplied by Company, and you agree that if this service is provided by Company you will be assessed a fee which will be quoted prior to completion of the export.You agree to defend, indemnify and hold harmless Company and its employees, officers and directors for, from and against any and all claims brought against Company and its employees, officers and directors by any party alleging the withholding of access to your content.
You do not have any rights or priveledge to any code, website, css, layouts, stylesheets or any item considered to be part of the hosting system. You are only entitled to the html or stored data generated by You or your site or venue.
Company 's Rights
Company explicitly reserves the right and sole discretion to: (a) modify its pricing, if desired by Company ; (b) establish limits and guidelines concerning the use of the Services; (c) terminate Your use of the Services for use of the Services to unnecessarily or illegally harass Company or third parties, non-payment of fees for the Services, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the United States and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of Company , activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that Company determines, in its sole discretion, to be harmful to its other customers, operations, or reputation; (d) terminate Your use of the Services if Your use of the Services results in, or is the subject of, legal action or threatened or proposed legal action, against Company or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit; and (e) terminate Your use of the Services at any time and for any reason if deemed reasonably necessary by Company .
Company has no obligation to monitor Your use of the Services, but reserves the right in its sole discretion to do so.
Effective Date: June 1, 2010
PO Box 3186
Fullerton, CA 92834