Rock Star Media, LLC – Terms of Service

This Agreement between the parties shall remain in effect between the parties unless otherwise cancelled or modified by either party in accordance with the terms and conditions set forth herein.

Termination

Either party may terminate this Agreement, without cause, upon written notice to the other party. Acknowledged E-Mail shall be deemed adequate notice by either party. Nothing in this paragraph however shall limit the right of Rock Star Media, LLC to terminate or lock Client accounts immediately and without prior notice for improper use and violations as set forth herein.  In the event that Rock Star Media, LLC elects to terminate Client as a result of its improper acts and breach of the terms and conditions contained herein, client shall not be entitled to a refund.   

Liability

Client agrees that Rock Star Media, LLC shall have no liability for the services, data or information provided to the public on the internet, through direct mail, telephone communications, or other communications sent on behalf of the client, including but not limited to any liability for consequential, indirect, special or incidental damages, regardless of the success or effectiveness of other remedies.  Client further agrees that Rock Star Media, LLC shall not be liable for any damages or losses sustained by Client for business or other activities conducted on behalf of the client including but not limited to consequential, indirect, special or incidental damages.  Client agrees that it shall not hold Rock Star Media, LLC liable for any loss of business, lost opportunity, consequential, indirect, special or incidental damages as a result of any interruption in service. In no event shall Rock Star Media, LLC liability exceed the total value paid to Rock Star Media, LLC by Client. 

Representation and/or Warranties

Rock Star Media, LLC makes no representations and cannot guarantee that Client's domain name used for contact management or otherwise, does not infringe upon any trademarks, trade names, service marks or other proprietary rights owned by a third party. Client agrees to be bound to terms and conditions mandated by third-party services that may be facilitated by Rock Star Media, LLC on behalf of client  for the purpose of sending email & direct mail and releases Rock Star Media, LLC from any liability that may occur on behalf of clients’ use of third-party services.  Rock Star Media, LLC shall not be liable for any damages, injuries or losses incurred by Client as a result of any action instituted by a third party.

Security

Client understands that the internet and other various networking communications are not secure.

Applicable Laws

Client will ensure that its use of the internet and any service provided by Rock Star Media, LLC to it, complies with all applicable federal, state and local laws and regulations, including but not limited to all laws pertaining to copyright, trademark, proprietary information, intellectual property rights, defamation, tortuous interference with business, invasion of privacy, and pornography.  In the event that Client violates this provision,Rock Star Media, LLC shall have the right to consider same a breach of this agreement by Client which shall entitle Rock Star Media, LLC to lock and/or terminate Client account immediately without prior notice. It shall be within the sole discretion of Rock Star Media, LLC to deem material as inappropriate.

Integrity of Information

Client is solely responsible for validating the integrity of the information and data it receives or transmits over the internet, through direct mail or telephone communications.

 

Account Security

Client shall be solely responsible for protecting the security of its hosting account and usage. Client's password shall be considered private information and shall not be disseminated or in any other manner disclosed and/or transferred to third parties. Rock Star Media, LLC shall not be liable for any breach of security caused by Client or third parties. In no event shall Rock Star Media, LLC liability exceed the total cost of this contract between Rock Star Media, LLC and Client.  

Rock Star Media, LLC will use its best efforts to maintain the integrity and security of Client's password.

Domain Name Ownership

Client shall be responsible for all costs and fees associated with its domain name including, but not limited to all costs and fees for moving same. Client shall make payment directly to the issuer after the initial registration. Under no circumstances shall Rock Star Media, LLC be responsible for this cost after the initial registration.

 

Mail Services

Rock Star Media, LLC e-mail services are available for hosted Clients only. Unauthorized use of the mail services is prohibited.

Web based e-mail and newsletter administration is provided by Rock Star Media, LLC for their hosted Clients only.

Bandwidth and Server Space Usage

Rock Star Media, LLC reserves the right to review and limit bandwidth and server space on any hosting account package or domain, according to the service package paid for and agreed to.  If Client exceeds the monthly usage or usage over and above the specified maximum package limits, they will be notified by email and/or phone for an agreed upgrade.  If Client is unreachable, Rock Star Media, LLC has the right to "lock" or terminate the account until account usage limitations and fees are resolved.  Rock Star Media, LLC shall do all possible to give the Client a minimum of two weeks to resolve overusage accounts.

Hosting Account Ownership

The billing contact, as registered with Rock Star Media, LLC, is considered to be the account owner. Rock Star Media, LLC will not transfer ownership, content, or access to any other party without written consent of the registered account owner.

Legal Action

Client agrees to indemnify and hold Rock Star Media, LLC harmless in any legal action which arises as a result of Client's use of Rock Star Media, LLC services, without limitation or exception including, but not limited to any action brought against Client by a third party.

Jurisdiction and Governing Law

This agreement shall be governed by the laws of the State of Texas and jurisdiction shall lie within the State of Texas.  By agreeing to these terms and conditions, Client consents to submit to the jurisdiction of the State of Texas.

Headings

Headings in this Agreement are for convenience only and shall not be used to interpret or construe these provisions.

Modification

The terms and conditions of this Agreement may be modified at the discretion of Rock Star Media, LLC with 30 days notice to Client.

Entire Agreement

This Agreement supersedes all Agreements previously made between the parties pertaining to the subject matter of this Agreement. There are no other understandings or Agreements.

Failure to properly notify Rock Star Media, LLC via e-mail, telephone or regular mail of disagreement with the above terms and conditions will constitute Client's acceptance of same.

Client's failure to properly notify Rock Star Media, LLC of its objections to any of the terms and conditions set forth herein shall constitute Client's acceptance of same.

Renewal & Billing

This Agreement shall automatically renew itself unless otherwise cancelled or terminated by either party in accordance with the notice provision set forth herein. Client agrees to notify and update Rock Star Media, LLC in the event of changed billing and/or contact information.  If Client fails to notify Rock Star Media, LLC of changed billing information and payments decline or charge back, Client account shall be locked or terminated until resolution.  If Rock Star Media, LLC attempts to contact Client for updated billing information or to resolve other issues as stated herein, and can not reach Client, Rock Star Media, LLC reserves the right to lock and/or terminate Client account.  If Client billing declines, Rock Star Media, LLC will make two (2) more attempts to reinstate the transaction.  If Client does not respond within a reasonable time limit, as determined by Rock Star Media, LLC , Client account shall be locked and/or terminated.  In the event this Agreement is automatically renewed, Client agrees to the Terms and Conditions currently in effect.  In addition to monthly recurring hosting fees, additional optional ordered services will be billed and are due upon receipt.  A deposit may be required for print jobs.

List Mailing and Spam Policy

Rock Star Media, LLC prohibits the Clients use of services to send or relay unsolicited mail (SPAM). If any domain hosted by Rock Star Media, LLC , participates in the sending of unsolicited mail, unsolicited bulk mailings, unsolicited spot mailings or any other form of mailing commonly known as SPAM,  the Client account risks being locked or terminated.  Client understands that mailing lists hosted with Rock Star Media, LLC are not to be used to develop unsolicited mailing lists or bulk mailing lists.  Rock Star Media, LLC strongly urges Clients to personally develop only "opt-in" lists and keep records of such.  Rock Star Media, LLC understands that occasionally a Client's subscriber may report Client for sending unsolicited mailing.  If subscriber registered for Client's list or contacted Client on a previous occasion, Rock Star Media, LLC may request verification of such from Client.  If, within reasonable limitations (reasonable as determined by Rock Star Media, LLC), Client's account is called into question, Client agrees to do all possible to resolve complaint.  If Rock Star Media, LLC , in their sole discretion, determines that it's services were abused by Client, the Client account shall be locked and/or terminated.

Client further understands that by purchasing "lists" (wherein email addresses belong to people who have not personally requested contact from Client) and using Rock Star Media, LLC services to send email to those lists, Client runs an extremely high and probable risk of losing their account. 

 

By registering for services from Rock Star Media, LLC, Client acknowledges the policy concerning unsolicited mailings as stated above and agrees not to use the equipment and/or services provided by Rock Star Media, LLC for the purpose of sending unsolicited mailings.