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Stream.JoinWeb's General Terms
Stream.JoinWeb terms and conditions: Please read this agreement carefully.
to complete your order for the product/and or service you've requested,
you must first read and accept the terms and conditions of this agreement
("agreement"). submission of your order constitutes acceptance
of these terms and conditions.
Section 1.1. Purpose of Site. Stream.JoinWeb, (a Nevada Incorporated Company)
hereby called ("Stream.JoinWeb"), is an Internet
Service Provider and host of business and personal streaming media and
related components to be used to supplement the user's ("Customer's")
web site. Stream.JoinWeb's services include, but are not limited to: the conversion
of Customer's multimedia materials into a streaming video or audio format
("streaming media"), the hosting of Customer's streaming media
and related components on Stream.JoinWeb's server (that portion of the server
allocate for Customer's use is hereafter referred to as "Customer's
Allotted Space") and the granting of permission to link Customer's
web site to Customer's Allotted Space. Stream.JoinWeb may provide any other
services, as necessary, for the operation of its business.
Section 1.2. Length of Agreement. Customer agrees the use of the
Service is subject to Stream.JoinWeb's "Term of Agreement Policy."
Section 1.3. Stream.JoinWeb Ancillary Services Agreement. For special
services, or customized solutions, a written Stream.JoinWeb Ancillary Services
Agreement may accompany these Terms and Conditions. If such document accompanies
these Terms and Conditions, the terms of the written Stream.JoinWeb Ancillary
Services Agreement shall override any inconsistencies or contradictory
Terms and Conditions that may arise between the two agreements.
Section 1.4. Streaming - Space Support and Maintenance. Stream.JoinWeb
agrees, subject to the terms of this Agreement, to allow Customer to use
and occupy Customer's Allotted Space on Stream.JoinWeb's servers. Subject
to the terms of this Agreement, Stream.JoinWeb agrees to provide Customer
with those support services necessary to allow third persons to access
and view Customer's media on Customer's Allotted Space as per the terms
of this Agreement.
Section 1.5. Linking Services. Stream.JoinWeb shall provide Customer
with all necessary information to construct, and maintain, a hyperlink
from Customer's web site to Customer's Allotted Space on Stream.JoinWeb's
server. Stream.JoinWeb shall use all reasonable commercial efforts to make
Customer's Allotted Space available for viewing by third parties 24 hours
each day, seven days per week. Customer shall have the responsibility
to notify Stream.JoinWeb if Customer's hyperlink to Stream.JoinWeb's service is
inoperable.
Section 1.6. Price and Payment. Customer agrees the use of the
Service is subject to Stream.JoinWeb's "Price and Payment Policy"
as defined in Section 3.
Section 1.7. Cancellation of Service by Stream.JoinWeb. Customer agrees
the use of the Service is subject to Stream.JoinWeb's "Cancellation Policy"
as defined in Section 4.
Section 1.8. Acceptable Use. Customer agrees the use of the Service
is subject to Stream.JoinWeb's "Acceptable Use Policy" as defined
in Section 5.
Section 1.9. Service Level. Customer agrees the use of the Service
is subject to Stream.JoinWeb's "Service Level Agreement" as defined
in Section 6.
Section 1.10. Copyright & Trademark. Customer agrees the use
of the Service is subject to Stream.JoinWeb's "Copyright & Trademark
Policy" as defined in Section 7.
Section 1.11. Privacy Policy. Customer agrees the use of the Service
is subject to Stream.JoinWeb's "Privacy Policy" as defined in Section
8.
Section 1.12. Abuse and Infringement Notification. Section 9 provides
contact and detailed information on submitting notification of abuse,
copyright or trademark infringement to Stream.JoinWeb.
Section 1.13. Security of Integrity Customer's Media. Stream.JoinWeb
provides best efforts to insure integrity and security of Customer's Media,
including the use of automated tape-back up systems, secure servers, and
restricted access to back office systems. However, such procedures cannot
guarantee complete security and integrity of media. Therefore, Stream.JoinWeb
makes no guarantee and assumes no liability for the security of any media
on any server including "secure servers." Customer agrees to
maintain separate backups of any media other than the backup systems that
Stream.JoinWeb has in place and Stream.JoinWeb shall not be liable for the loss,
or modification, of any Customer materials due to any breach of security.
Stream.JoinWeb's backup systems are reserved for Stream.JoinWeb's use and are
not available to Customer for the purposes of requesting media whereby
such missing or defective media is a result of circumstances not related
to Stream.JoinWeb's system failures or breach of security.
Section 1.14. Disclaimer of Warranty. Stream.JoinWeb warrants that
the service will operate substantially in conformance with the specifications
depicted in their package. to the extent permitted by law, Stream.JoinWeb
disclaims all other warranties, either express or implied, including but
not limited to the implied warranties of merchantability, non-infringement
of third party rights, and fitness for particular purpose. the duration
of any statutorily required warranty period shall be limited to the term
of the limited warranty.
Section 1.15. Limitation of Liability. under no circumstances
will Stream.JoinWeb be liable to customer for direct damages greater than
the sum total of payments made by customer for the use and occupancy of
customer's space or in the case of special services, including encoding
services, the sum total of payments made by customer to Stream.JoinWeb for
the service for which damages are claimed. in no event shall Stream.JoinWeb
be liable for any indirect, incidental, punitive or other consequential
damages (including, without limitation, lost profits) arising out of and
in relation to this agreement even if advised before hand of the possibility
of such liability. under no circumstances will Stream.JoinWeb be liable to
customer for any marketing, advertising, promotional expenses or any expenses
related to the customer's use of Stream.JoinWeb's service, regardless of any
event, including interruption of Stream.JoinWeb's service, or Stream.JoinWeb's
removal of customer's material
.Section 1.16. Taxes. In the event that they are applicable, Customer
shall be solely responsible for the payment of all sales, use and similar
taxes relating to their use of Stream.JoinWeb's services.
Section 1.17. Governing Law. The laws of the State of Washington
shall govern the validity, construction and performance of this Agreement.
Section 1.18. Arbitration. The parties agree to submit any dispute
arising out of or in connection with this Agreement to binding arbitration
in Washington before an arbitrator agreed to by both parties and subject
to the rules of the American Arbitration Association. The parties agree
that such arbitration will be in lieu of either party's rights to assert
any claim, demand or suit in any court action, (provided that either party
may elect either binding arbitration or a court action with respect to
obtaining injunctive relief to terminate the violation by the other party
of such party's proprietary rights, including, without limitation any
trade secrets, copyrights or trademarks). Any arbitration shall be final
and binding and the parties agree not to contest the enforceability of the arbitrator's order.
Section 1.19. Assignment and Account Ownership. Customer may not
assign its rights or obligations arising under this Agreement without
submitting a request to do so in writing, complete with original signatures,
and without Stream.JoinWeb's prior written consent. Should ownership of a
Stream.JoinWeb Account be disputed between two or more parties, priority shall
first be given to the original name on the account for which invoices
are submitted, supported by the billing address. If ownership of an Account
remains in dispute, Stream.JoinWeb reserves the right to interplead the dispute
to binding arbitration as depicted in this General Terms and Conditions
in the state of Washington, and suspend service and withhold Customer's
content until court action determines otherwise. Stream.JoinWeb may assign
its rights and obligations under this Agreement, but must provide written
notice to Customer within 30 days of doing so.
Section 1.20. General Provisions. both parties represent and warrant
that they have full power (including corporate power) and authority to
execute and deliver this agreement and to perform their obligations hereunder,
and that the person (and company, if applicable) who accepts this agreement
by clicking the "i accept these terms and conditions" box is
duly authorized to enter into this agreement on behalf of the party.
Section 1.21. Amendment of Agreement. Stream.JoinWeb may amend this
Agreement from time to time on an as-needed basis by placing an update
of this Agreement on-line at Stream.JoinWeb's web site at this location or
at any other location designated at said site. Any changes to this Agreement
take effect upon the renewal date of the Agreement. Therefore, it is Customer's
responsibility to monitor this Agreement on-line. If Customer does not
agree with the terms and conditions of Stream.JoinWeb, Customer must immediately
cease the use of Stream.JoinWeb's service. Stream.JoinWeb agrees to give written
notice, via email to the primary email address on record, of any material
changes that affect the length, pricing, privacy, or cancellation of this
Agreement.
Section 1.22. Notices: Stream.JoinWeb reserves the right to contact
our users regarding important product or policy announcements and to satisfy
legal requirements. All legal notices to Stream.JoinWeb should be submitted
to:
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