Online Streaming Services
Terms of Service
This AMFMPH Network Terms of Service (this ” Agreement “) and the AMFMPH Network Acceptable Use Policy (” AUP “) govern your purchase and use of all AMFMPH Network services (collectively, the ” Services “), as described in the Order Form(s) submitted by you and accepted by AMFMPH Network (“Service Order”). Acceptance of any terms or conditions different from those contained herein by AMFMPH Network will not be deemed by provision of service, but only by electronic or written signature of an officer of AMFMPH Network. You must register and accept the terms of this Agreement and the AUP in order to use the Services. BY REGISTERING FOR AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THE AUP AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AS WELL AS ALL POLICIES AND GUIDELINES OF THE AUP, WHICH ARE INCORPORATED HEREIN BY REFERENCE. AMFMPH Network may modify any of the terms and conditions contained in this Agreement and the AUP, at any time in its sole discretion. Any modifications are effective upon posting of the revisions on the AMFMPH Network web site (the ” Site “). Your continued use of the Services following AMFMPH Network posting of any modifications constitutes your acceptance of the modifications. If you do not agree to the terms of any modification, do not continue to use the services and immediately notify AMFMPH Network of your termination of this Agreement in the manner described below.
Term and Payment for Services
Term. This Agreement will be for an initial “Term “of 1 month from the date the Services are first provided by AMFMPH Network. This Agreement will be automatically renewed (the ” Renewal Term “) at the end of the Initial Term or any Renewal Term for a period of thirty (30) days unless you provide AMFMPH Network with written notice of termination at least 3 days before the end of the Initial Term or Renewal Term (also referred to interchangeably and collectively as “Term”), whichever is then applicable. To provide your notice of termination, you must submit a ticket to the Billing department via the “Contact Us” form to initiate the cancellation of your service. Pricing and duration of Terms may be modified only if in writing (such as a Service Order) signed by AMFMPH Network.
This Agreement may be terminated: (i) by you or AMFMPH Network during any Renewal Term, without cause, by giving the other party no less than 30 days prior written notice, or a greater number of days prior notice if specified in a Service Order accepted by AMFMPH Network ; (ii) by AMFMPH Network in the event of nonpayment by you as provided in Section 1.4 below; and (iii) by AMFMPH Network, at any time, without notice, if, in AMFMPH Network sole judgment, you are in violation of any terms or conditions of the AUP. If you terminate this Agreement, or if AMFMPH Network terminates this Agreement for your breach, before the end of the Initial Term or the Renewal Term, whichever is then applicable, you will be required to pay immediately all fees and costs accrued before the termination date, all monthly recurring fees for each month remaining in the Term and any other amounts you owe to AMFMPH Network under this Agreement.
You will pay all charges for your use of the Services at the then current AMFMPH Network prices for that category of service or any special offer applicable to your account as determined by AMFMPH Network. You are responsible for paying all federal, state, and local sales, use, value added, excise duty and any other taxes assessed with respect to the Services, other than taxes based on AMFMPH Network net income. You are responsible for all costs of collection of all amounts owed under this Agreement, including reasonable attorney’s fees of AMFMPH Network.
You will pay all charges for the first month of service in advance on the first day of the Initial Term. You will pay all subsequent charges for Services in advance on the anniversary day of each month. You must pay for the Services by credit card. You authorize AMFMPH Network to charge your credit or debit card to pay for any charges that may apply to your account. You must notify AMFMPH Network of any changes to your card account (including, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit AMFMPH Network from charging your account. Your failure to fully pay any fees and taxes within 72 hours from the applicable due date is a material breach of this Agreement, justifying AMFMPH Network to suspend its performance and terminate this Agreement. If AMFMPH Network terminates for your material breach, you will be required to pay immediately all fees and costs accrued before the termination date, all monthly recurring fees for each month remaining in the term and any other amounts you owe to AMFMPH Network under this Agreement. You are responsible for any costs AMFMPH Network incurs in enforcing collection, including reasonable attorneys’ fees, court costs and collection agency fees. To reinstate Services, you must pay for 3 months of Service in advance on the first day such Services are reinstated and any fees associated with reinstating Services.
Refund and Disputes.
All payments to AMFMPH Network are nonrefundable. This includes any applicable setup fees and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in AMFMPH Network sole discretion is a valid charge under the provisions of this Agreement and/or AUP, you agree to pay AMFMPH Network an “Investigation Fee” of $100.00.
Use of Services.
Acceptable Use Policies. The AUP governs the general policies and procedures for use of the Services. The AUP is posted on the site at (or such other location as AMFMPH Network may specify) and may be updated from time to time. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF THE AUP AND ANY MODIFICATIONS TO THE TERMS. AMFMPH Network MAY TERMINATE YOUR ACCOUNT WITHOUT NOTICE FOR ANY VIOLATION OF THE AUP OR THIS AGREEMENT.
Security. You are solely responsible for any security breaches affecting servers or accounts under your control. If your server is responsible for or involved in an attack on or unauthorized access into another server or system, AMFMPH Network will shut it down immediately. You will pay any charges resulting from the cost to correct security breaches affecting AMFMPH Network or any of its other customers.
Third Party Products.
AMFMPH Network may provide you access to other third party software and/or services (“Third Party Products “) through reseller relationships AMFMPH Network has established with certain commercial vendors, including without limitation, Microsoft Corporation (“Third Party Vendors”). Unless otherwise notified, Customer understands that product support for Third Party Products is provided by AMFMPH Network and not by the Third Party Vendor. Neither AMFMPH Network nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THIRD PARTY PRODUCTS IS AT CUSTOMER’S SOLE RISK AND SUCH THIRD PARTY PRODUCTS ARE PROVIDED “AS IS” AND WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND FROM AMFMPH Network OR ANY THIRD PARTY VENDOR, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER AMFMPH Network NOR ANY THIRD PARTY VENDOR WILL BE LEGALLY RESPONSIBLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, OR CONSEQUENTIAL, ARISING FROM THE USE OR INABILITY TO USE ANY THIRD PARTY PRODUCT. CUSTOMER AGREES TO OBSERVE THE TERMS OF ANY LICENSE AND/OR APPLICABLE END USER SUBSCRIBER AGREEMENT FOR THIRD PARTY PRODUCTS AND THAT CUSTOMER SHALL BE FULLY LIABLE TO THIRD PARTY VENDORS AND AMFMPH Network WITH RESPECT TO ANY IMPROPER USE OF SUCH THIRD PARTY PRODUCTS OR VIOLATION OF LICENSE AGREEMENTS WITH THEM AND/OR APPLICABLE END USER SUBSCRIBER AGREEMENTS.
You shall not (i) remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on any Third Party Product or that appear during use of any Third Party Product; or (ii) reverse engineer, decompile, or disassemble any Third Party Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
AMFMPH Network reserves the right to suspend or terminate the Service immediately or take any other corrective action it deems appropriate in its sole discretion if in the sole judgment of AMFMPH Network your server is the source or target of any violation of the AUP or for any other reason which AMFMPH Network chooses. If inappropriate activity is detected, all of your accounts in question will be deactivated until an investigation is complete. Prior notification to you is not assured. In some cases, law enforcement will be contacted regarding the activity. These rights of action, however, do not obligate AMFMPH Network to monitor or exert editorial control over the information made available for distribution via the Services. If AMFMPH Network takes corrective action because of a possible violation, AMFMPH Network will not refund to you any fees you paid in advance of the corrective action.
The AUP specifically prohibits the use of our service for illegal activities. Therefore, you agree that AMFMPH Network may disclose any and all of 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 to you. In addition, AMFMPH Network shall have the right to terminate all service set forth in this Agreement.
AMFMPH Network exercises no control over, and accepts no responsibility for, the content of the information passing through AMFMPH Network host computers, network hubs and points of presence, or the Internet. USE OF THE SERVICES OR ANY INFORMATION THAT MAY BE OBTAINED THEREFROM IS AT YOUR OWN RISK. ALL SERVICES PERFORMED UNDER THIS AGREEMENT ARE PERFORMED “AS IS” AND WITHOUT WARRANTY AGAINST FAILURE OF PERFORMANCE INCLUDING, ANY FAILURE BECAUSE OF COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. AMFMPH Network DOES NOT MAKE AND DISCLAIMS, AND YOU WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW OR OTHERWISE, REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE. AMFMPH Network DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
Limitation and Exclusion of Liability.
IN NO EVENT WILL AMFMPH Network OR ITS SUPPLIERS HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. NEITHER AMFMPH Network NOR ITS SUPPLIERS WILL HAVE LIABILITY WITH RESPECT TO AMFMPH Network OBLIGATIONS UNDER THIS AGREEMENT, OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF AMFMPH Network HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE LIABILITY OF AMFMPH Network AND ITS SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO AMFMPH Network UNDER THIS AGREEMENT DURING THE 3 MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY AMFMPH Network UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU RELEASE AMFMPH Network AND ITS SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION STATED IN THIS SECTION 6.1.
Interruption of Service.
AMFMPH Network and its suppliers are not liable for any temporary delay, outages or interruptions of the Services. Further, AMFMPH Network is not liable for any delay or failure to perform its obligations under this Agreement, where the delay or failure results from any act of God or other cause beyond its reasonable control (including, any mechanical, electronic, communications or third-party supplier failure).
In agreeing to the AMFMPH Network AUP and this Agreement, you agree to indemnify, defend and hold harmless AMFMPH Network, its employees, officers, directors, partners, representatives and affiliates, for any violation by you or your customers of the AUP or this Agreement that results either in (a) any cost, expense, damage or loss to AMFMPH Network, or (b) the bringing of any claim against AMFMPH Network by any third-party, and all costs, expenses, damages, and losses associated therewith. For example, if AMFMPH Network is sued because of your or your customer’s activity related to the Services, you will pay any damages awarded against AMFMPH Network, its employees, directors, partners, representatives and affiliates, plus all costs and attorney’s fees.
AMFMPH Network and you agree that, except as otherwise expressly provided in this Agreement, the Order Form(s) or the terms and conditions of use of any third party software products, there shall be no third party beneficiaries to this Agreement, including but not limited to the insurance providers for either party or your customers. THIS AGREEMENT IS MADE UNDER AND WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MICHIGAN (EXCEPT THAT BODY OF LAW CONTROLLING CONFLICTS OF LAW) AND SPECIFICALLY EXCLUDING FROM APPLICATION TO THIS AGREEMENT THAT LAW KNOWN AS THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE THE STATE AND FEDERAL COURTS IN TEXAS, AND EACH PARTY IRREVOCABLY CONSENTS TO SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO. In the event any provision of this Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of this Agreement will remain in full force and effect. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. You may not sell, assign or transfer its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of AMFMPH Network, and any attempted assignment or delegation without such consent will be void. AMFMPH Network may assign this Agreement in whole or part. AMFMPH Network also may delegate the performance of certain Services to third parties. All notices, demands, requests or other communications required or permitted under this Agreement shall be deemed given when delivered personally, sent by facsimile upon confirmation, sent and received by return receipt email, or upon receipt of delivery of overnight mail. You and AMFMPH Network are independent contractors and this Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between you and AMFMPH Network. This Agreement, including all documents incorporated herein by reference, constitutes the complete and exclusive agreement between the parties with respect to the subject matter hereof, and supersedes and replaces any and all prior or contemporaneous discussions, negotiations, understandings and agreements, written and oral, regarding such subject matter.