Upbeatmedia.com - Amplify Yourself

Privacy
Revision date: 09/13/2007

Nothing is more important to UpbeatMedia than protecting the private information of visitors to our site. Below you'll find information about our commitment to ensuring the privacy of your and your children's personally identifiable information (such as your full name, address, email address, telephone number and/or other identifying information) and preserving the integrity of the medium.

Please read the following carefully. If you have any questions or concerns, please send us an email at info@upbeatmedia.com.
Gathering and Use of Information

UpbeatMedia will never willfully disclose any personally identifiable information about our online audience to any third party without first receiving the user's permission. We do not collect personally identifiable information from our visitors other than what is supplied to us on a voluntary basis.

Visitors to the UpbeatMedia Web Site may voluntarily supply certain personally identifiable information in connection with (i) contest or sweepstakes registration, (ii) subscription registration for sites or services which require subscription (such as email newsletters), (iii) requests for membership information and (iv) e-commerce transactions. In addition, personally identifiable information is voluntarily provided in connection with certain content submissions, community postings (i.e., forums or bulletin boards), comments and suggestions, or voting.

UpbeatMedia may use such information only for conducting the activities stated above, for internal marketing and promotional purposes, or, on occasion, when mailing lists are made available to other organizations. (The occasional provision of mailing lists to such organizations is the only case where such information would be provided to third parties). For more information regarding UpbeatMedia's policies on the handling and use of UpbeatMedia's membership list, please see UpbeatMedia's Membership List Policy. The extent of such use is always explained at the time a site visitor provides such information. If the visitor does not want this information collected and used by us for the disclosed internal purposes, the visitor is given an opportunity to 'opt-out.' Our visitors need to recognize, however, that under certain circumstances, if they select to 'opt-out' they may not be eligible for certain activities for which the personally identifiable information is needed. (For example, if a contest participant elects to 'opt-out' on permitting us to collect and use their personal information; we cannot contact them if they win without using such information.)
Acceptance of these UpbeatMedia Web Site Privacy Policy Terms and Conditions

By using this site, you signify your agreement to the terms and conditions of this UpbeatMedia Web Site Privacy Policy. If you do not agree to these terms and conditions, please do not use the site. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of this policy at any time. Please check this page periodically for any changes. Your continued use of the UpbeatMedia Web Site following the posting of any changes to these terms shall mean that you have accepted those changes. If you have any questions or concerns, please email us at info@upbeatmedia.com.

Terms of Services
Revision date: 09/13/2007

All services provided by UpbeatMedia ("UpbeatMedia") 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 UpbeatMedia 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 UpbeatMedia' 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, UpbeatMedia WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Server Abuse
Any attempt to undermine or cause harm to a server or customer of UpbeatMedia 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 UpbeatMedia 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. UpbeatMedia 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 UpbeatMedia 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 UpbeatMedia 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 UpbeatMedia, the client shall be responsible for any and all outstanding fees owed to UpbeatMedia 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
UpbeatMedia shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from UpbeatMedia ' servers going off-line or being unavailable for any reason whatsoever. Furthermore, UpbeatMedia 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 UpbeatMedia ' 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
UpbeatMedia 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 UpbeatMedia are resold. Thus, certain equipment, routing, software and programming used by UpbeatMedia are not directly owned or written by UpbeatMedia. Moreover, UpbeatMedia 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 UpbeatMedia sees fit.

Account Activation
By activating your account with UpbeatMedia, 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.

UpbeatMedia 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.

Acceptable Use Policy
Revision date: 09/13/2007

As a provider of web site hosting and other Internet-related services, UpbeatMedia offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. UpbeatMedia respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, UpbeatMedia reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, UpbeatMedia has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using UpbeatMedia' services. This AUP will be revised from time to time.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that UpbeatMedia cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because UpbeatMedia cannot monitor or censor the Internet, and will not attempt to do so, UpbeatMedia cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.

When subscribers disseminate information from the Internet, they must keep in mind that UpbeatMedia does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over UpbeatMedia' network and may reach a large number of people, including both subscribers and non-subscribers of UpbeatMedia, subscribers' postings to the Internet may affect other subscribers and may affect UpbeatMedia' goodwill, business, reputation or operations. For these reasons, subscribers violate UpbeatMedia policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Spamming:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward UpbeatMedia, but also because it can overload UpbeatMedia' network and disrupt service to UpbeatMedia' subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, UpbeatMedia will investigate and shutdown the account that is SPAMing. Furthermore UpbeatMedia reserves the right to prosecute for this violation.

Adult-Oriented Content:
UpbeatMedia does not allow adult content and will suspend/terminate any offending account.

Obscene Speech or Materials:
Using UpbeatMedia' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. UpbeatMedia is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Defamatory or Abusive Language:
Using UpbeatMedia' network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).

Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points outside the United States.

Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.

Other Activities:
Engaging in activities, whether lawful or unlawful, that UpbeatMedia determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. UpbeatMedia will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with UpbeatMedia' policy or applicable law. However, when UpbeatMedia becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by UpbeatMedia.

UpbeatMedia reserves the right to directly take action against a customer of its subscribers. Also, UpbeatMedia may take action against the UpbeatMedia' subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Failure to cooperate with such corrective or preventive measures is a violation of UpbeatMedia policy.

UpbeatMedia will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. UpbeatMedia may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, UpbeatMedia may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. UpbeatMedia assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, UpbeatMedia may disclose subscriber information or information transmitted over its network where necessary to protect UpbeatMedia and others from harm, or where such disclosure is necessary to the proper operation of the system. However, UpbeatMedia will never sell information to other services or outside companies.

UpbeatMedia expects that its subscribers will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate UpbeatMedia policy. Finally, UpbeatMedia wishes to emphasize that, by subscribing to UpbeatMedia’s services, subscribers indemnify UpbeatMedia for any violation of the Service Agreement, law or UpbeatMedia policy resulting in loss to UpbeatMedia or the bringing of any claim against UpbeatMedia by any third party. This means that, if UpbeatMedia is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against UpbeatMedia, plus costs and reasonable attorney's fees.

We hope this AUP is helpful in clarifying the obligations of Internet users, including UpbeatMedia and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to info@upbeatmedia.com.