Upbeatmedia.com - Amplify Yourself

Terms of Services
Revision date: 09/13/2007

All services provided by Upbeat Media ("Upbeat Media") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Upbeat Media from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to Upbeat Media' servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

Pirated software
Hacker programs or archives
Warez sites

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $25.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, Upbeat Media WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Server Abuse
Any attempt to undermine or cause harm to a server or customer of Upbeat Media is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

All sub-networks, distributive hosting sites and dedicated servers of Upbeat Media must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

Billing
Billing is based on a variable scale and provided by our partner; HostKarma aka Karma Technologies. Each customer is responsible for pre-paying their account(s) and maintaining a positive minimum daily balance over $0. Accounts that do not uphold the minimum daily balance will be terminated without refund.

(1) Each account must be pre-paid. Clients must login to their account (using the details provided to them when the account was initiated) and deposit a balance for hosting charges to be debited from. Funds should be added via credit card; all major credit cards are accepted.

 (2) Clients will receive hosting balance notices and low balance warnings from HostKarma/Karma Technologies (delivered to the email provided at sign up) on a regular basis. However, it is solely the client’s responsibility to login and ensure their account balance meets the daily minimum to avoid account cancellation. Upbeat Media shall be entitled to immediately terminate this agreement for client's failure to make timely payments.

In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.

Service Fees
Certain services carry a setup fee charged by Upbeat Media to client, which must be paid by client in order to have use of said services. If client terminates this agreement, the client shall be responsible for any and all outstanding fees owed to Upbeat Media and agrees to pay any and all fees incurred by client. Because the services are provided on a variable basis, the client will only be responsible for service fees incurred through the date of cancellation.

Money back guarantee & refund policy
We do not generally refund cancelled services. No refunds are issued for setup charges, add-on charges, domain-registrations, and add-on purchases. In case of AUP violations, any and all refunds are forfeit.

Account Deactivations
Any account deactivated due to non-payment will be subject to a new setup fee as described in our policy prior to reactivation. Please note that all data associated with the account will be lost at termination.

Cancellation Refunds
If client wishes to cancel their services provided by Upbeat Media, the client shall be responsible for any and all outstanding fees owed to Upbeat Media and agrees to pay any and all fees incurred by client. Because the services are provided on a variable basis, the client will only be responsible for service fees incurred through the date of cancellation.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Limitation of Liability
Upbeat Media shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Upbeat Media ' servers going off-line or being unavailable for any reason whatsoever. Furthermore, Upbeat Media shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Upbeat Media ' servers. All damages shall be limited to the immediate termination of service.

Violations
Violations of these Acceptable Use Policies should be referred to info@upbeatmedia.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer
Upbeat Media cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by Upbeat Media are resold. Thus, certain equipment, routing, software and programming used by Upbeat Media are not directly owned or written by Upbeat Media. Moreover, Upbeat Media holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Upbeat Media sees fit.

Account Activation
By activating your account with Upbeat Media, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

Server Uptime Guarantee
Speed and reliability are two of our foremost concerns, and you'll be able to sleep well at night knowing your sites are in good hands. To date, we have consistently exceeded 99.99% uptime every year.

Upbeat Media reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.