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Terms of Service
IndieBandSites.com, an Atlanta, GA company, ("The
Company", "IndieBandSites") agrees to furnish services
to the Subscriber, subject to the following TOS (Terms of Service).
Use of IndieBandSites Service constitutes acceptance and agreement to IndieBandSites's
AUP as well as IndieBandSites's
TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service)
of IndieBandSites, Inc. and AUP
(Acceptable Use Policy). The AUP
may be changed from time to time at the discretion of the Company. Subscriber
understands that change to the AUP by the Company shall not be grounds
for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the
laws of the state of Georgia, county of Fulton applicable to contracts
enforceable in that state. Venue will be Fulton County, Georgia
- Disclosure to Law Enforcement: The AUP
specifically prohibits the use of our service for illegal activities.
Therefore, 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. In addition IndieBandSites shall have the right to terminate
all service set forth in this Agreement.
- Service Rates: Subscriber acknowledges that the nature
of the service furnished and the initial rates and charges have
been communicated to Subscriber. 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 company by its suppliers.
- Payment: Establishment of this service is dependent upon
receipt by the Company of payment of stated charges. Subsequent
payments are due on the anniversary date of the month for that month's
service. For Georgia Residents all accounts and services provided
by IndieBandSites are subject to the current tax rate as imposed
by the City of Atlanta, State of Georgia which is currently 8.25%.
Any set-up or installation fee is subject to the 8.25% tax rate.
The above applies to all accounts and services provided by IndieBandSites
to residents of the State of Georgia.
- Payments and Fees: Credit cards that are declined for any
reason are subject to a $10.00 declination fee. Service will be
interrupted on accounts that reach 10 days past due. Service interrupted
for nonpayment is subject to a $50.00 reconnect charge. Accounts
not paid by due date are subject to a $7.95 late fee. Accounts that
are not collectable by IndieBandSites may be turned over to an outside
collection agency for collection. If your account is turned over
for collection, you agree to pay the company a "Processing
and Collection" Fee of not less than $50 nor more than $150.
If you desire to cancel your account, please follow the proper procedure
to do this as outlined in this TOS.
- Refund and Disputes: All payments to IndieBandSites. are
nonrefundable. This includes any one time setup fee and subsequent
charges regardless of usage. All overcharges or billing disputes
must be reported within 60 days of the time the dispute occurred.
If you dispute a charge to your credit card issuer that, in IndieBandSites's
sole discretion is a valid charge under the provisions of the TOS
and /or AUP, you agree to pay IndieBandSites an "Administrative
Fee" of not less than $50 and not more than $150.
- Failure to Pay: The Company may temporarily deny service
or terminate this Agreement upon the failure of Subscriber to pay
charges when due. Such termination or denial will not relieve Subscriber
of responsibility for the payment of all accrued charges, plus reasonable
interest and any collection fees.
- Account Cancellation: All requests for canceling accounts
must be made in writing with at least 30 days notice but not more
than 60 days prior written notice and sent to IndieBandSites Attn:
Cancellations, 286 B Peachtree Hills Ave, Atlanta, GA 30305 or you
may call 404-869-7659. You must have all account information to
cancel.
- 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 beyond the direct and exclusive control
of the company. Subscriber further acknowledges that the company's
liability for its own negligence may not in any event exceed an
amount equivalent to charges payable by subscriber for services
during the period damages occurred. In no event shall the company
be liable for any special or consequential damages, loss or injury.
- New Domain Accounts: All new webhosting accounts involving
new domains will be set up and entered into our DNS servers within
1 to 3 business days. Due to unforeseen complications, however,
this process may sometimes require up to 7 business days. If the
new domain is registered by the account holder, there will be no
handling fee. If the domain is registered by IndieBandSites, Inc.
on behalf of the account holder a handling fee will be incurred.
- Transfer of Domains: New webhosting accounts which involve
the transfer of a domain from another provider to IndieBandSites
will require a minimum of seven (7) days to be set up and entered
into our DNS servers. In some cases, such transfers may take up
to sixty (60) days. Due to the unpredictable nature of the transfer
process, no guarantees are made regarding the amount of time a specific
transfer may take. If the transfer of the domain is done by IndieBandSites,
Inc. on behalf of the account holder a handling fee will be incurred.
If the Subsciber cancels service during the transfer period for
any reason, all charges are considered earned.
- Support Boundaries: IndieBandSites, provides 24 x 7 technical
support to our subscribers (except for few holidays and short company
meetings when we close our center.) We limit our technical support
to our area of expertise. The following is our guidelines when providing
support: IndieBandSites provides support related to your server
or virtual site physical functioning. IndieBandSites does not offer
tech support for application specific issues such as management
scripts, cgi programming, html or any other such issue. It is the
Subscriber's responsibility to have a good working knowledge of
aspects of their site's operation. Please do not expect the IndieBandSites'
support staff to teach you how to use aspects of the tools at your
disposal. IndieBandSites does not provide technical support for
Subsciber's customers. We encourage you to post questions on the
Users Forum. We encourage you to check there first for assistance.
If you are able to get there or have other questions, the answers
may be on our Knowledge Base pages. Lastly, you may login to tech
support.
- SPAM and Unsolicited Commercial Email (UCE): IndieBandSites
takes a zero tolerance approach to the sending of Unsolicited Commercial
Email (UCE) or SPAM over our network. Very simply this means that
customers of IndieBandSites may not use or permit others to use
our network to transact in UCE. Customers of IndieBandSites may
not host, or permit hosting of, sites or information that is advertised
by UCE from other networks. Violations of this policy carry severe
penalties, including termination of service.
- Violation of IndieBandSites's SPAM policy will result in severe
penalties. Upon notification of an alleged violation of our
SPAM policy, IndieBandSites will initiate an immediate investigation
(within 48 hours of notification). During the investigation,
IndieBandSites may restrict Subsciber access to the network
to prevent further violations. If a Subsciber is found to be
in violation of our SPAM policy, IndieBandSites may, at its
sole discretion, restrict, suspend or terminate Subsciber's
account. Further, IndieBandSites reserves the right to pursue
civil remedies for any costs associated with the investigation
of a substantiated policy violation. IndieBandSites will notify
law enforcement officials if the violation is believed to be
a criminal offense.
- First violations of this policy will result in an "Administrative
Fee" of $250 and your account will be reviewed for possible
immediate termination. A second violation will result in an
"Administrative Fee" of $500 and immediate termination
of your account. Users who violate this policy agree that in
addition to these "Administrative" penalties, they
will pay "Research Fees" not to exceed $175 per hour
that IndieBandSites personnel must spend to investigate the
matter. PLEASE, DO NOT SPAM from your account.
- As our Customers are ultimately responsible for the actions
of their clients over the IndieBandSites network, it is advisable
that Customers develop a similar, or stricter, policy for their
clients.
IMPORTANT NOTICE:
Anyone hosting websites or services on their server that support
spammers or cause any of our IP space to be listed in any of the
various Spam Databases will have their server immediately removed
from our network. The server will not be reconnected until such
time that you agree to remove ANY and ALL traces of
the offending material immediately upon reconnection and agree to
allow us continued access to the server to confirm that all material
has been COMPLETELY removed. Severe violations may result
in immediate and permanent removal of the server from our network
without notice to the Subsciber. Any server guilty of a second violation
WILL be immediately and permanently removed from our network
without notice.
- Network
- IP Address Ownership: If IndieBandSites assigns Subsciber
an Internet Protocol address for Subsciber's use, the right
to use that Internet Protocol address shall belong only to IndieBandSites,
and Subsciber shall have no right to use that Internet Protocol
address except as permitted by IndieBandSites in its sole discretion
in connection with the Services, during the term of this Agreement.
IndieBandSites shall maintain and control ownership of all Internet
Protocol numbers and addresses that may be assigned to Subsciber
by IndieBandSites, and IndieBandSites reserves the right to
change or remove any and all such Internet Protocol numbers
and addresses, in its sole and absolute discretion. Our allocation
of IP addresses is limited by ARIN's new policies. These new
policies state that 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.
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 authorization to use those IP
addresses that could be used with name-based hosting.
- Bandwidth and Disk Usage: Subsciber agrees that bandwidth
and disk usage shall not exceed the number of megabytes per
month for the Services ordered by Subsciber on the Order Form
(the "Agreed Usage"). IndieBandSites will monitor
Subsciber's bandwidth and disk usage. IndieBandSites shall have
the right to take corrective action if Subsciber's bandwidth
or disk usage exceeds the Agreed Usage. Such corrective action
may include the assessment of additional charges, disconnection
or discontinuance of any and all Services, or termination of
this Agreement, which actions may be taken is in IndieBandSites's
sole and absolute discretion. If IndieBandSites takes any corrective
action under this section, Subsciber shall not be entitled to
a refund of any fees paid in advance prior to such action.
In the event that a Subsciber exceeds the included allocation,
IndieBandSites may, at its sole discretion, collect a deposit,
in an amount determined by IndieBandSites, against Subsciber's
credit card on file with IndieBandSites.
- Resource Abuse or Over - Allocation: Any site whose
traffic, programs and/or processes are using excessive amounts
of system resources will be inviolation of IndieBandSites Resource
Abuse Policy. Excessive amounts is defined as any amount that
results in substantial degradation of shared server performance.
IndieBandSites is the sole determinant of what constitutes degraded
server performance. Specific resource intense scripts are prohibited
on IndieBandSites's dedicate servers which include but are not
limited to; Yet Another Bulletin Board, Ultimate Bulletin Board,
IRC bots and clients, Proxy servers, Grey Matter software, and
certain types of CGI forms or scripts, adcycle. (See
19. and 20. below)
- System and Network Security: Users are prohibited from
violating or attempting to violate the security of the IndieBandSites
Network. Violations of system or network security may result
in civil or criminal liability. IndieBandSites 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. These violations
include, without limitation:
- Accessing data not intended for such User or logging into
a server or account, which such User is not authorized to
access.
- Attempting to probe, scan or test the vulnerability of
a system or network or to breach security or authentication
measures without proper authorization.
- Attempting to interfere with service to any user, host
or network, including, without limitation, via means of
overloading, "flooding", "mail bombing"
or "crashing".
- Forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting.
- Taking any action in order to obtain services to which
such User is not entitled.
- Notification of Violation:
- IndieBandSites is under no duty to look at each Subsciber's
or user's activities to determine if a violation of the AUP
has occurred, nor do we assume any responsibility through our
AUP to monitor or police Internet-related activities.
- First violation: Any User, which IndieBandSites determines
to have violated any element of this Acceptable
Use Policy, shall receive an email, warning them of the
violation. The service may be subject at IndieBandSites's discretion
to a temporary suspension pending a User's agreement in writing,
to refrain from any further violations.
- Second Violation: Users that IndieBandSites determines 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.
- 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 network
or a customer's network, or if denial of service attacks are
originating from your network. 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.
- Suspension of Service or Cancellation: IndieBandSites reserves
the right to suspend network access to any Subsciber if in the judgment
of the IndieBandSites network administrators the Subsciber's server
is the source or target of the violation of any of the other terms
of the AUP or for
any other reason which IndieBandSites chooses. If inappropriate
activity is detected, all accounts of the Subsciber in question
will be deactivated until an investigation is complete. Prior notification
to the Subsciber is not assured. In extreme cases, law enforcement
will be contacted regarding the activity. The Subsciber will not
be credited for the time the Subsciber's machines were suspended.
- IndieBandSites reserves the right to amend its policies at any
time. All Sub-Networks, resellers and managed servers of IndieBandSites
must adhere to the above policies. Failure to follow any term or
condition will be grounds for immediate Cancellation. You will be
held responsible for the actions of your clients in the matter described
on these Terms and conditions. Therefore, it is in your best interest
to implement a similar or stricter Terms and conditions or otherwise
called Acceptable Terms of use policy.
- Indemnification: IndieBandSites wishes to emphasize that
in agreeing to the IndieBandSites Acceptable
Use Policy (AUP) and Terms of Service (TOS), Subsciber indemnifies
IndieBandSites for any violation of the Acceptable
Use Policy (AUP) and Terms of Service (ToS) that results in
loss to IndieBandSites or the bringing of any claim against IndieBandSites
by any third-party. This means that if IndieBandSites is sued because
of a Subsciber's or a customer of a Subsciber's activity, the Subsciber
will pay any damages awarded against IndieBandSites, plus all costs,
including collections fees and attorney's fees.
- Miscellaneous Provisions: You must provide us with, and
keep current, good contact information for you. E-mail, telephone,
fax, and address are used, in that order of preference.
- A waiver by the Company of any breach of any provision of
this Agreement 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.
- Subscriber shall not transfer or assign this Agreement without
the prior written consent of the Company. Company may assign
Agreement at anytime without consent from or notice to Subscriber.
Company reserves right to cancel customers rights under this
contract at anytime without further obligation.
- IndieBandSites takes no responsibility for any material input
by others and not posted by IndieBandSites. IndieBandSites is
not responsible for the content of any other websites linked
to the IndieBandSites; links are provided as Internet navigation
tools only. IndieBandSites disclaims 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.
- IndieBandSites is not responsible for any damages your business
may suffer. IndieBandSites does not make implied or written
warranties for any of our services. IndieBandSites denies 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 IndieBandSites.
- It is Subscribers responsibility to to backup, maintain, and
store all data, programs, content and information for your webhosting
account. IndieBandSites denies any warranty or merchantability
for this specific purpose.
- Responsibility for Content: You, as IndieBandSites's Subsciber,
are solely responsible for the content stored on and served by your
IndieBandSites server. Each Server operates using a mirrored raid
hardrive system and IndieBandSites perfroms nightly incremental
and weekly full tape backup. However, no guarantees are made of
any kind, either expressed or implied, as to the integrity of these
backups. Backups are made for server restoration purposes only.
It is the client's responsibility to maintain local copies of their
web content any information.
A "Backup Manager" is included in each hosting plan and
client can use this tool to back up their files. If loss of data
occurs due to an error of IndieBandSites, we will attempt to recover
the date for no charge to the client. If data loss occurs due to
negligence of client in securing their account or by an action of
the client, IndieBandSites will attempt to recover the data from
the most recent archive for a $50.00 fee.
Scripts and Script Errors: You are free to use
any scripts you wish, except as noted in 20. below, as long as
they are not against IndieBandSites TOS and AUP. However,
we reserve the right to disable any script that effects normal
server operation or service to other Subscribers. You will be
notified within 24 hours about termination of any script.
IndieBandSites provides technical support for
the server and server related softwares only. Any scripts included
in the Control Panel are 3rd Party scripts and are not supported
byIndieBandSites, however you may seek assitance from our Users
Forum or Knowledge Base pages.
- Restricted Scripts and Programs: All plans include preinstalled
forums/bulletin boards and chat rooms. For security and resource
management the following scripts are prohibited on any IndieBandSites
server: YABB (Yet Another Bulletin Board), UBB (Ultimate Bulletin
Board), IRC bots and clients, Proxy servers, Matt Wright's formmail
prior to version 1.92 or Greymatter. Any User, which IndieBandSites
determines to have violated any element of this Acceptable
Use Policy, shall receive an email, warning them of the violation.
The service may be subject at IndieBandSites's discretion to a temporary
suspension pending a User's agreement in writing, to refrain from
any further violations and the removal of the scripts.
- E-Commerce Shopping Cart and Order Processing:
IndieBandSites shall, for those customers selecting the E-commerce
Hosting Option provide a full featured secure E-Commerce shopping
cart. All customers who select this option will enter into agreement
with IndieBandSites as dropshippers for IndieBandSites.com. IndieBandSites
will collect the customer information needed to complete the order,
including: Customer Contact Information, Shipping Information, and
Credit Card Information. IndieBandSites will provide you (the "DROPSHIPPER")
with the required information to fulfill the customer order.
In the event that a customer has a dispute, or requires a chargeback
initiated through either IndieBandSites or their Credit Card provider,
the Dropshipper will be required to pay all associated penalties
levied against IndieBandsites by the Credit Card provider in addition
to the total cost of the purchasing customers order.
In addition, to ensure that large orders are shipped, IndieBandSites
requires all orders over $100 to be shipped via UPS. A valid tracking
number must be submitted to IndieBandSites before payment to the
dropshipper will be made.
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 Special
Offer!
Receive free support on all IndieBandSites.com websites..
We will work with you to build your site and keep
it up to date.
Online
Promotions
Increase your audience and recognition! Online promotional
services such as Cornerband song submissions, Search
Engine Listings, and Garageband Reviews are some
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Share your promotion tips in our IndieBand Community
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Full
E-Commerce Support
The chance someone will purchase your music and
become a supportive fan is directly related to the
amount of time they spend browsing your site. Outsourceing
to other services to sell your CD's is expensive
for the musician and irritating for the potential
buyer. IndieBandSites is all about your site,
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it is that simple.
A shopping cart is a necessity. We are able to
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lower cost than most other services.
learn
more
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