This
Terms of Service Agreement referred to as “TOS” agreement is between Pulse
Radio Networks and the person/persons who use our services not limited to
website hosting, radio stream hosting, domain services, and other services.
Please read carefully to ensure you understand our terms before purchasing any
of our products or services.
Pulse
Radio Networks agrees to provide the services stated for the price shown on our
website at any given time. There are no hidden fees, or contracts. The price
shown on our website and on the invoice total is what you pay.
All
customers are responsible for monitoring their storage space and bandwidth
transfer each month. Customers who go over the limit of their account will be
sent an email with the option to either upgrade their account or reduce their
storage. Additional bandwidth and disk space are available for purchase sold as
an add-on. Overage fees are as follows for bandwidth $0.05 per MB for disk
space $0.15 per MB. If a customer signs up for an account and cancels it
within the first thirty days they will be charged for the number of days used,
and a prorated refund for the unused days “service” purchased. Setup fees
if any were charged are NON-REFUNDABLE.
All
invoices are emailed out electronically. We do not mail hard copies to you.
Invoices are emailed out 14 days before the invoice due date. All invoices for
services are due and will renew and be charged on the day you signed up
according to your billing cycle. We process your payment via PayPal which
accepts most major credit cards. All plans are setup up for recurring payments
via PayPal. This will ensure your services remains active until you wish to
cancel your services with us and prevents suspension for those who forget to
make payment on time. In the event that we are unable to process your payment
via PayPal, your account is subject to suspension until the payment is
successfully processed. Our system will automatically suspend accounts that
have outstanding invoices that are past due on the 4th business day
that payment was late. Payment reminders will be sent via email by our system.
Services will be terminated and removed from our servers on the 30th day if payment
still has not been made. Payments by mail and phone are not accepted at
this time. All payments must be processed via PayPal online via the manage
portal. A $15 re-activation fee will be
charged for accounts that become suspended due to non-payment.
Customers
are under no commitment or contract to keep services active. Customers
may cancel their service at any time. All cancellation requests must be done
through our online billing system which is accessible from our manage portal
website at https://pulseradionetwork.com For
security reasons we do not accept cancellation requests via email, phone, or
mail. Customers may terminate their service with no termination fees or
penalties. We provide services on a month-to-month basis with no
contract. Once the customer has requested termination of services via the
manage portal Pulse Radio Network may at its discretion remove all related
services and content upon the termination request. Pulse Radio Networks does not keep any backups or data of terminated accounts once removed from our
servers. Customers are responsible to ensure they have all their data
backed up before a cancellation request is submitted. No refunds for
canceled services past 14 days of initial sign-up.
14 Day Money Back Guarantee
Customers
that cancel their service within the first fourteen days of signing up are
entitled to a refund for the unused portion of service that was purchased. The
days that were used previous to the cancellation date will not be refunded.
Also, any setup fees that were paid if any are non-refundable. Web Development
and or any other services that are for custom work or development are
non-refundable. Domain names are non-refundable once purchased, SSL
Certificates are also non-refundable.
You
are entitled to claim our 14-day money-back guarantee providing you meet the
following requirements.
-
You must request the claim during the first 14 days of using our services
- Your account has not violated our terms of service and acceptable usage
policy
Some
of our special promotions are excluded from our 14-day money-back guarantee.
Please see the promotion before requesting the claim. If a domain name
was included as part of the plan the value of this domain name will not be
refundable. You will however be compensated for the rest of the cost.
Any
attempt to undermine or cause harm to our servers, network, or customers of Pulse Radio Network is strictly prohibited.
Pulse Radio Network will investigate and prosecute the offender for any use or
attempted use of an Internet account or computer without the owner's
authorization. Such attempts include "Internet scamming" (tricking
other people into releasing their passwords), password theft, security hole
scanning, etc.
Any
unauthorized use of accounts or computers by YOU, whether or not the attacked
account or computer belongs to Pulse Radio Network, will result in action
against YOU. Possible actions include warnings, account suspension or
cancelation, as well as civil or criminal legal action, depending on the seriousness
of the attack.
IMPORTANT
NOTE - Pulse Radio Network has the right to discontinue service, or deny
access to anyone who violates our policies or the terms and conditions shown
below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if
account termination is due to a violation of the terms outlined below.
YOU
may not run IRC, bots, or clients on shared servers. Unacceptable uses also
include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup
spamming, upload scripts (Rappidleach), pornographic content, illegal content,
copyright infringement, trademark infringement, warez sites (including links
to/from), cracks, software serial numbers, proxy-relaying, link farming (the
act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA
(Free-For-All) and/or anything else determined by Pulse Radio Network to be
unacceptable use of our services including abuse of server resources.
WEB
APPLICATIONS and WEB ACCESSIBLE SCRIPTS - All web applications that are
out-of-date and actively being exploited will be shut down immediately without
prior notice. YOU are responsible for and should evaluate YOUR web-based
applications and scripts on a regular basis to ensure their security and
orderliness.
Shared hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
Pulse Radio Network will be the sole arbiter as to what constitutes a violation of
this provision. You are responsible for monitoring your disk space usage. If
you need extra disk space you can upgrade your hosting plan from inside our
manage portal.
The
intention of Pulse Radio Network is to provide a large bandwidth to transfer
web documents, and not an offsite storage area for electronic files. If YOU
violate this condition, YOU will be notified and given 48 hours to remedy the
problem. Failure to do so will result in YOU being billed for the overages.
Traffic
will go unmonitored until YOU reach the amount of quota allocated to YOUR
specific PLAN. Pulse Radio Network will be the sole arbiter as to what
constitutes a violation of this provision.
Customers
agree to use our services under the Acceptable Usage Policy which is hereby
incorporated with this agreement. Customers agree that Pulse Radio Network holds the right to change our AUP at any time to meet web hosting standards and
current laws. Amendments to the AUP are effective on the earlier of Pulse Radio Network notice to Customer that an amendment has been made, or the
first day of any Renewal Term that begins subsequent to the amendment. Customer
agrees to cooperate with Pulse Radio Network reasonable investigation of any
suspected violation of the AUP. In the event of a dispute between Pulse Radio Networks and Customer regarding the interpretation of the AUP, Pulse Radio Networks commercially reasonable interpretation of the AUP shall govern.
Customer
represents and warrants to Pulse Radio Network that the information he, she,
or it has provided and will provide to Pulse Radio Network for purposes of
establishing and maintaining the service is accurate. If Customer is an
individual, Customer represents and warrants to Pulse Radio Network that he
or she is at least 18 years of age. Pulse Radio Network may rely on the
instructions of the person listed as the Primary Customer Contact on the Order
with regard to the Customer's account until the Customer has provided a written
notice changing the Primary Customer Contract.
Unsolicited Email & Spamming
Unsolicited
commercial advertisements ("SPAM") are not allowed in e-mail, and
will likely result in account cancelation. Pulse Radio Network takes a
zero-tolerance approach to SPAM originating from its servers or for spam
advertising of domains hosted within our network. If found, YOUR account may be
deleted.
The
following activities are not allowed: SPAM, which includes, but is not limited
to, bulk mailing of commercial advertising, informational announcements,
charity requests, petitions for signatures, and political or religious tracts
(such messages may only be sent to those who have explicitly requested it from
your domain); Forging, altering or removing electronic mail headers - any
domain sending stealth spam will be terminated without warning and without
refund. Sending numerous copies of the same or substantially similar message
with the intent to disrupt a server or account ("mail bombing");
Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet
discussion groups and on most e-mail mailing lists. Inappropriate posting may
result in account cancelation. See the newsgroup or mailing list's charter for
whether advertising is allowed or not. Sending a message to many different
off-topic newsgroups, is particularly unethical and will be treated as such;
Mail may not be used to harass or intimidate others. Harassment, whether
through language, frequency of messages, or size of messages, is prohibited.
Sending a single unwelcome message may be considered harassment. If a recipient
asks to stop receiving e-mail, YOU must not send that person any further
messages.
NOTE
- If YOU use the services of another provider to promote a website hosted by or
through Pulse Radio Network ("spamvertising"), then the provisions
of the above policy shall apply as if the SPAM were sent through our servers.
(1.)
COVERAGE - This 99.9% uptime guarantee applies to any Customer in good
financial standing with Pulse Radio Network at the time of a service outage.
(2.)
SERVICE LEVEL AGREEMENT ("SLA") & SPECIFICATIONS - Pulse Radio Network endeavors to have the content of YOUR website available for http access
by any party in the world 99.9% of the time. Network downtime
("unavailability") is defined as 100% packet loss from Pulse Radio Network to its backbone providers. Downtime is measured past 15 minutes after
notification of network failure via Pulse Radio Network online ticketing
system and 3rd party network monitoring Uptime Robot. If the
ticketing system itself is unreachable, the ticket must be opened by you the customer via phone or email.
Pulse Radio Network administrators will determine the end of the downtime by a
traceroute to YOUR machine from outside the Pulse Radio Networks network and
to its servers to determine if there is an actual outage on our network or if
it is an issue with your Internet or another service provider connecting to our
network.
(3a.)
DOWNTIME CREDITS - In the event that YOUR service is unavailable for less than
99%, Pulse Radio Network will credit the following month's service fee as
follows. YOUR credit shall be retroactive and measured 24 hours a day of a
calendar month, with the maximum credit not exceeding 50% of the monthly
service charge for the affected month.
-
95% to 99.0% - YOUR account will be credited 10% of your monthly hosting fee
- 90% to 94.9% - YOUR account will be credited 20% of your monthly hosting fee
- 89.9% or below - YOUR account will be credited 50% of your monthly hosting
fee (3b.)
Credit
shall not be provided to YOU in the event that you have any outage resulting
from:
- scheduled maintenance as posted on our Manage Portal from time to time
- your behavior or the performance or failure of your equipment, facilities, or
applications,
- circumstances beyond our reasonable control, including, without limitation,
acts of any governmental body, war, insurrection, sabotage, embargo, fire,
flood, strike or other labor disturbance, interruption of or delay in
transportation, unavailability of interruption or delay in telecommunications
or third party services, including DNS propagation, domain name
registration/transfer, failure of third party software or hardware or inability
to obtain raw materials, supplies, or power used in or equipment needed for the
provision of your web site,
- YOU breaking any agreement policy in Pulse Radio Networks "Terms
& Conditions and AUP" causing a machine to fail as a result.
Pulse Radio Network provides technical support for YOU that encompasses our area of
expertise. Such expertise includes assistance, troubleshooting, and debugging
of our cPanel control panel interface, servers within our immediate
responsibility and any other hosting-related issues, stream hosting setup and troubleshooting.
Unlike
many hosting companies, we will do our best to help with scripts, templates,
and programming languages and 3rd party software for radio broadcasters. However, Pulse Radio Networks is not obligated to
help YOU in the installations of new application modules, templates and/or
programming languages, website updates unless otherwise included in your plan
nor in providing assistance for any errors produced by any applications that
have been modified by YOU previously. We will provide best effort support
for such issues on a case by case basis.
Each
shared web hosting account comes with its own CGI-BIN. YOU are free to use any
CGI scripts YOU wish, however, we reserve the right to disable any CGI script
that effects normal shared server operation without prior notice.
Customer
agrees to indemnify and hold harmless Pulse Radio Network, Pulse Radio Network's Company's affiliates, and each of their respective officers, directors, agents,
and employees from and against any and all claims, demands, liabilities,
obligations, losses, damages, penalties, fines, punitive damages, amounts in
interest, expenses and disbursements of any kind and nature whatsoever
(including reasonable attorney’s fees) brought by a third party under any
theory of legal liability arising out of or related to the actual or alleged
use of Customer's services in violation of applicable law or the AUP by
Customer or any person using Customer's log on information, regardless of
whether such person has been authorized to use the services by Customer.
YOU
AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Pulse Radio Networks AGAINST
LIABILITIES ARISING OF:
(1)
ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE
DISTRIBUTED IN CONNECTION WITH Pulse Radio Network SERVERS.
(2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON
THE PROPRIETARY RIGHTS OF A THIRD PARTY
(3) COPYRIGHT INFRINGEMENT AND
(4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM Pulse Radio Network SERVERS.
Pulse Radio Network does not warrant or represent that the services will be
uninterrupted, error-free, or completely secure. To the extent permitted by
applicable law, Pulse Radio Network disclaims any and all warranties
including the implied warranties of merchantability, fitness for a particular
purpose, and non-infringement. To the extent permitted by applicable law, all
services are provided on an "As Is" basis.
Neither
party shall be liable to the other for any lost profits or any indirect,
special incidental, consequential or punitive loss or damage of any kind, or
for damages that could have been avoided by the use of reasonable diligence,
arising in connection with the agreement, even if the party has been advised or
should be aware of the possibility of such damages.
Notwithstanding
anything else in the agreement to the contrary, the maximum aggregate liability
of Pulse Radio Network and any of its employees, agents or affiliates,
under any theory of the law (including breach of contract, tort, strict
liability, and infringement) shall be a payment of money not to exceed the
amount payable by customer for the one month’s service.
Customer
understands that Pulse Radio Network may suspend services to Customer
without notice and without liability if: (i) Pulse Radio Network reasonably
believes that the services are being used in violation of the AUP; (ii)
Customer fails to cooperate with any reasonable investigation of any suspected
violation of the AUP; (iii) Pulse Radio Network reasonably believes that the
suspension of service is necessary to protect its network or its other
customers, or (iv) as requested by law enforcement or regulatory agency.
Customer shall pay Pulse Radio Network a reasonable reinstatement fee for
service following a suspension of service under this subsection.
The
Agreement may be terminated by Customer prior to the expiration of the Initial
Term or any Renewal Term without further notice and without liability if Pulse Radio Network fails in a material way to provide the service in accordance
with the terms of the Agreement and does not cure the failure within ten (10)
days of Customer's written notice describing the failure in reasonable detail.
The Agreement may be terminated by Pulse Radio Networks prior to the
expiration of the Initial Term or any Renewal Term without further notice and
without liability as follows: (i) upon five (5) days notice if Customer is
overdue on the payment of any amount due under the Agreement; (ii) Customer
materially violates any other provision of the Agreement, including the AUP,
and fails to cure the violation within thirty (30) days of a written notice
from Pulse Radio Network describing the violation in reasonable detail;
(iii) upon one (1) days notice if Customer's Service is used in violation of a
material term of the AUP more than once, or (iv) upon one (1) days notice if
Customer violates Section 5 (Customer Information) of this Agreement. Either
party may terminate this agreement upon five (5) days advance notice if the
other party admits insolvency, makes an assignment for the benefit of its
creditors, files for bankruptcy or similar protection, is unable to pay debts
as they become due, has a trustee or receiver appointed over all or a
substantial portion of its assets, or enters into an agreement for the
extension or readjustment of all or substantially all of its obligations.
If you violate our terms of service/acceptable usage policy we hold the right to cancel any services without notice. We will never cancel any services without trying our best to resolve the problem with you. However in extreme cases such as accounts containing child pornography we hold the right to cancel services without any prior warning. We do not refund any accounts violating our terms of service/acceptable usage policy. For example if we cancel your hosting account during your first month for breaching copyright, we will not refund you for the first month. This is to prevent people signing up for our services with the intention of breaching our terms.
Customer
agrees that Pulse Radio Network may, without notice to Customer, (i) report
to the appropriate authorities any conduct by Customer or any of Customer's
customers or end users that Pulse Radio Network believes violates applicable
law, and (ii) provide any information that it has about Customer or any of its
customers or end users in response to a formal or informal request from law
enforcement or regulatory agency or in response to a formal request in a civil
action that on its face meets the requirements for such a request.
Customer
agrees to maintain a current copy of all content hosted by Pulse Radio Network notwithstanding any agreement by Pulse Radio Network to provide
backup services.
In
the event you cause your hosting account to have errors beyond repair or
resolution, you may request up to one free restore for any reason of choice. If
a customer should need to request a restore after this a $25 fee will be
enforced. This covers web hosting, radio stream hosting, and email hosting
services ONLY. Other services such as E-Commerce etc. will not be covered under this policy and will be charged
$50 to restore data.
Upgrades
and other changes in Pulse Radio Network network, including, but not
limited to changes in its software, hardware, and service providers, may affect
the display or operation of Customer's hosted content and/or applications.
Pulse Radio Network reserves the right to change its network in its
commercially reasonable discretion, and Pulse Radio Network shall not be
liable for any resulting harm to Customer.
Notices
to Pulse Radio Network under the Agreement shall be given via electronic
mail to the e-mail address posted for customer support. Notices to Customer
shall be given via electronic mail to the individual listed as the Primary
Customer Contact on the Order. Notices are deemed received on the day
transmitted, or if that day is not a business day, on the first business day
following the day delivered. Customer may change his, her or its notice address
by a notice given in accordance with this Section.
Pulse Radio Network shall not be in default of any obligation under the Agreement
if the failure to perform the obligation is due to any event beyond Pulse Radio Network control, including, without limitation, significant failure
of a portion of the power grid, significant failure of the Internet, natural
disaster, war, riot, insurrection, epidemic, strikes or other organized labor
action, terrorist activity, or other events of a magnitude or type for which
precautions are not generally taken in the industry.
The
Agreement shall be governed by the laws of the State of Texas, exclusive of its
choice of law principles, and the laws of the United States of America, as
applicable.
Each
party acknowledges and agrees that the other party retains exclusive ownership
and rights in its trademarks, service marks, trade secrets, inventions,
copyrights, and other intellectual property. Neither party may use the other
party's name or trademark without the other party's prior written consent. The
parties intend for their relationship to be that of independent contractors and
not a partnership, joint venture, or employer/employee. Neither party will
represent itself to be agent of the other. Each party acknowledges that it has
no power or authority to bind the other on any agreement and that it will not
represent to any person that it has such power or authority. This Agreement may
be amended only by a formal written agreement signed by both parties. The terms
on Customer's purchase order or other business forms are not binding on Pulse Radio Network unless they are expressly incorporated into a formal written
agreement signed by both parties. A party's failure or delay in enforcing any
provision of the Agreement will not be deemed a waiver of that party's rights
with respect to that provision or any other provision of the Agreement. A
party's waiver of any of its rights under the Agreement is not a waiver of any
of its other rights with respect to a prior, contemporaneous or future
occurrence, whether similar in nature or not. The captions in the Agreement are
not part of the Agreement, but are for the convenience of the parties. The
following provisions will survive expiration or termination of the Agreement:
Fees, indemnity obligations, provisions limiting liability and disclaiming
warranties, provisions regarding ownership of intellectual property, these
miscellaneous provisions, and other provisions that by their nature are
intended to survive termination of the Agreement. There are no third party
beneficiaries to the Agreement. Neither insurers nor the customers of resellers
are third party beneficiaries to the Agreement. Customer may not transfer the
Agreement without Pulse Radio Network prior written consent. Pulse Radio Networks approval for assignment is contingent on the assignee meeting
Pulse Radio Networks credit approval criteria. Pulse Radio Network may
assign the Agreement in whole or in part. This Agreement together with the
Order and AUP constitutes the complete and exclusive agreement between the
parties regarding its subject matter and supersedes and replaces any prior
understanding or communication, written or oral.
All
files stored on Pulse Radio Network servers must be legally-owned and be
accompanied with a valid license and/or copyright. This includes and is not
limiting to MP3, AVI, MPG, MPEG, MOV, EXE, ISO. Should we discover
any unlicensed and/or illegal files within YOUR account; the files will be
subjected to deletion.
Pulse Radio Networks may offer promotional rates or special offers on our website
from time to time. Any such promotions or modifications shall not effect YOUR
obligations under this Agreement. Promotional offers may be subject to
additional terms and conditions which, to the extent they conflict with the
terms of this Agreement, shall govern. Different promotional fees and special
offers may not be combined together. Promotional offers are non-refundable.
Material
accessible to you through Pulse Radio Network services may be subject to
protection under the United States or other copyright laws, or laws protecting
trademarks, trade secrets and proprietary information. Except when expressly
permitted by the owner of such rights, YOU must not use Pulse Radio Networks or its servers and network in a manner that would infringe, violate, dilute or
misappropriate any such rights, with respect to any material that you access or
receive through the Pulse Radio Networks network. If YOU use a domain name in
connection with Pulse Radio Networks or a similar service, YOU must not use
that domain name in violation of any trademark, service mark, or similar rights
of any third party.
Customers
may not use the Pulse Radio Network network in an 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 a server
or account YOU are not expressly authorized to access, password cracking,
probing the security of other networks in search of weakness, or violation of
any other organization's security policy. YOU may not attempt to interfere or
deny service to any user, host, or network. This includes, but is not limited
to, flooding, mail bombing, or other deliberate attempts to overload or crash a
host or network. Pulse Radio Network will cooperate fully with
investigations for violations of systems or network security at other sites,
including cooperating with law enforcement authorities in the investigation of
suspected criminal violations. Users who violate system or network security may
incur criminal or civil liability.
YOU
will be solely responsible for the development, operation, and maintenance of
YOUR online store and products along with all content and materials appearing
online or on YOUR products, including without limitation:
(a.)
the accuracy and appropriateness of content and materials appearing within the
store or related to YOUR products,
(b.)
ensuring that the content and materials appearing within the store or related
to YOUR products do not violate or infringe upon the rights of any third party,
and
(c.)
ensuring that the content and materials appearing within the store or related
to YOUR products are not libelous or otherwise illegal. YOU will be solely
responsible for the final calculation and application of shipping and sales
tax. YOU will also be solely responsible for accepting, processing, and filling
any customer orders, and for handling any customer inquiries or complaints
arising therefrom.
YOU are also responsible for the security of any customer credit card numbers and related customer information YOU may access as a result of conducting electronic commerce transactions through YOUR website. YOU will keep all such information confidential and will use the same degree of care and security as YOU use with your confidential information.
(d.)
You agree not to sell any merchandise or items on your E-Commerce site that are
counterfeit or violate any trademark or copyright protection.
YOU
expressly
(i)
grant to Pulse Radio Networks a license to cache the entirety of YOUR
website, including content supplied by third parties, hosted by Pulse Radio Networks under this Agreement and
(ii) agree that such caching is not an infringement of any of YOUR intellectual
property rights or any third party's intellectual property rights.
Pulse Radio Networks shall maintain and control ownership of all IP numbers and
addresses that may be assigned to YOU by Pulse Radio Networks. Pulse Radio Networks reserves, in its sole discretion, the right to change or remove any and
all such IP numbers and addresses.
YOU
agree to pay Pulse Radio Networks prior to the effectiveness of the desired
domain name registration, the then-current amount set forth in the Pulse Radio Networks price schedule for the initial registration of the domain name,
and, should YOU choose to renew the registration, subsequent renewals of the
registration. All fees are non-refundable, in whole or in part, even if YOUR
domain name registration is suspended, canceled or transferred prior to the end
of YOUR then current registration term. Pulse Radio Networks reserves the
right to change fees, surcharges, renewal fees or to institute new fees at any
time, for any reason, at its sole discretion. YOUR requested domain name will
not be registered unless and until we receive actual payment of the
registration fee, and have confirmed YOUR registration in an email from Pulse Radio Networks to the email address indicated in YOUR registration
application. In the event of a chargeback by a credit card company (or similar
action by another payment provider allowed by Pulse Radio Networks) in
connection with the payments of the registration fee for YOUR domain name
registration, YOU agree and acknowledge that the domain name registration shall
be transferred to Pulse Radio Networks Company as the paying entity for that
registration to the registry and that we reserve all rights regarding such
domain name including, without limitation, the right to make the domain name
available to other parties for purchase. Pulse Radio Networks will reinstate
YOUR domain name registration solely at Pulse Radio Networks discretion,
and subject to our receipt of the initial registration or renewal fee and our
then-current reinstatement fee.
Transferring the domain registrar to or away from Pulse Radio Networks - YOU agree to pay Pulse Radio Networks prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the price schedule for the initial transfer request of the domain name. YOU agree and acknowledge that should the domain name transfer fail, that all fees are non-refundable, for the following reasons, but not limited to No response from the Registered Name Holder or Administrative Contact, Domain name in Registrar Lock Status, Domain name registration period time expires or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer. YOU agree and acknowledge that the failure or success of a domain name transfer will be his/her sole responsibility, and YOU agree and acknowledge that the failure or success of a domain name transfer will be his/her sole responsibility, and we will not be held liable for the failure of a domain name transfer for any reason. Domain registrations are non-refundable. Please do not purchase the domain name until you are certain that it is exactly what you would like to buy.
Pulse Radio Network reserves the right to refuse service to anyone. YOU may only
use Pulse Radio Networks servers for lawful purposes and 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 the
stored content in question is not legal in the United States of America, it is
not permitted to reside on our servers. Transmission, distribution, or storage
of any material in violation of any applicable law or regulation is prohibited.
This includes but not limiting material protected by copyright, trademark,
trade secret, or other intellectual property right used without proper
authorization, and material that is obscene, defamatory, constitutes an illegal
threat or violates export control laws. Any content exploiting persons under
the age of 18. Examples of non-acceptable content or links: "Pirated
Warez", OGG, AVI, MPEG, ISO, "Hacker programs or archives",
"Copyrighted Digital Movie Copies (DIVX)" and "Unlicensed
MP3". The designation of any materials as such described above is left
entirely to the discretion of Pulse Radio Network management. If illegal
content or usage is found, the account will be suspended and/or terminated
immediately without notice. YOU agree that Pulse Radio Networks may disclose
any and all YOUR 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.
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