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Master Terms & Conditions for All Users
This Master Terms & Conditions Agreement (the "Master Agreement") is applicable to customers or users ("You") of ISOMEDIA, Inc., ISOMEDIA.COM LLC, and all other ISOMEDIA, Inc. affiliated entities ("ISOMEDIA"). ISOMEDIA, Inc. is a corporation organized under the laws of the state of Washington. Its address is: 2001 6th Ave, Suite 500, Seattle WA 98121.
This Master Agreement specifies general terms and conditions You accept and agree to abide by when accessing or using any service provided by ISOMEDIA. In addition, a number of additional agreements ("Subsidiary Agreements") may also be integrated into this basic document depending on which ISOMEDIA provided services You utilize. The Subsidiary Agreements are incorporated herein by this reference and any reference to the Master Agreement herein includes those Subsidiary Agreements that are applicable to the ISOMEDIA services you utilize.
If You do not agree to be bound by the terms and conditions in this Master Agreement and any Subsidiary Agreements applicable to You, do not use or access ISOMEDIA's site or services. ISOMEDIA provides its services subject to your compliance with the terms and conditions herein.
Time is of the essence with regard to all terms and conditions in this Master Agreement.
This Master Agreement may be modified by ISOMEDIA at any time, without prior notification to You unless a separate agreement exists between You and ISOMEDIA which requires advance notification or approval of such changes. You agree to abide by the terms & conditions in this Master Agreement and all subsequent modifications of this Master Agreement. Failure to abide by these terms & conditions may, at ISOMEDIA's option, result in the termination of any or all services ISOMEDIA is providing to You.
Any notifications required by this Master Agreement may be delivered to You by electronic mail, and You consent to receive communications from ISOMEDIA electronically. ISOMEDIA's notification email address, which must be used in any official communication with ISOMEDIA, is notifications@isomedia.com. It is Your responsibility to ensure that ISOMEDIA has a valid email address for You on file. ISOMEDIA's inability to contact You via email due to a missing, inaccurate, incomplete, or inaccessible email address will remove ISOMEDIA's obligation to attempt to contact You further.
If any part of this Master Agreement is found to be unenforceable or unlawful, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
Your continued use of the services provided by ISOMEDIA following ISOMEDIA's posting of any changes to this Master Agreement or any Subsidiary Agreement will constitute Your acceptance of such changes or modifications. If You do not agree to any such changes, do not continue to use the services or this site.
A current copy of this Master Agreement and all Subsidiary Agreements can be found at: http://www.isomedia.com/internet_index/terms_internet_index.shtml. The version of this Master Agreement stored at that URL is considered the current and binding version of this Master Agreement and any Subsidiary Agreement.
You may not enter into this Master Agreement (and thus may not use the services provided by ISOMEDIA) if You are less than 18 years old or if You are unable to make a legally binding contract with a Washington state corporation.
By accepting this Master Agreement, You agree that the location for any litigation arising out of this Master Agreement will be in King County, Washington, USA. You furthermore agree to waive all rights to request or enforce a change of such location (venue) and You agree that the prevailing party in any litigation brought under this Master Agreement will be entitled to receive reasonable attorney's fees and court costs from the other party.
ISOMEDIA has the right, but not the obligation, to monitor any activity and content associated with its sites or services. ISOMEDIA may investigate any complaint or reported violation of its policies and take any action it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access, and/or removal of any materials on a hosted web site.
ISOMEDIA also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental request, to protect ISOMEDIA's systems and customers, or to ensure the integrity and operation of ISOMEDIA's business and systems, ISOMEDIA may access and disclose any information it considers necessary or appropriate, including but not limited to user contact details, IP addressing and traffic information, usage history and posted content. You hereby consent to such action by ISOMEDIA.
ISOMEDIA PROVIDES ITS WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. ISOMEDIA FURTHER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT FOR THE SERVICES AS PROVIDED. ISOMEDIA FURTHER DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES THAT THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR.
IN NO EVENT SHALL ISOMEDIA OR ITS AFFILIATES BE LIABLE FOR ANY LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, OR INTENTIONALLY OR NEGLIGENTLY, THE USE OF ISOMEDIA'S SITE, SERVICES OR THIS AGREEMENT.
ISOMEDIA'S LIABILITY TO ANY USER OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU PAID TO ISOMEDIA IN THE TWELVE MONTH PERIOD DIRECTLY PRIOR TO THE ACTION GIVING RISE TO ALLEGED LIABILITY, OR (B) $100.
You agree not to knowingly transmit, or knowingly permit to be transmitted via any system You control or should control, to or across any site or service operated by ISOMEDIA, any content consisting of unsolicited commercial email or excessive amounts of commercial Usenet postings ("spam"), or any material designed to discover and/or breach the security systems of ISOMEDIA or any third party ("hacking"), or any content known to contain a software virus or Trojan horse ("infected material"), or any content otherwise illegal to possess or transmit under the laws or regulations of the State of Washington or the United States of America ("illegal content"). You agree not to fraudulently forge email headers, Usenet headers, IP packet information, or engage in any other activity designed to hide the point of origin of any content you transmit to or through the ISOMEDIA system ("spoofing"). Standard network techniques such as network address translation or e-mail proxies are not considered "spoofing." You agree not to knowingly attempt to cancel, supercede or otherwise interfere with email or Usenet posts other than those you originate ("cancel bots"). You agree not to use any third party site or service to promote an ISOMEDIA site or service in an abusive manner ("hostile redirection"). You agree not to place or store material on ISOMEDIA sites or services that infringe a third party's copyright or trademark rights, and/or are comprised in whole or in part of illegally obtained trade secrets ("illegal storage").
ISOMEDIA reserves the right to terminate Your service immediately and without notification if You or any system under Your control engages in the transmission of spam, hacking, transmission of infected material, transmission or possession of illegal content, spoofing, use of cancel bots, hostile redirection, acts of illegal storage, or any other violation of ISOMEDIA's Network Abuse Policies.
You acknowledge ISOMEDIA's right to take all available legal and technical steps, including remotely scanning Your ports, to prevent fraudulent or counterfeit e-mail from entering, utilizing or remaining within the ISOMEDIA system.
Per the Digital Millennium Copyright Act, ISOMEDIA is registered with the United States Patent and Trademark Office as an online service provider. ISOMEDIA's designated agent for notification of infringements is Stephen Milton (milton@isomedia.com). As such, ISOMEDIA will, upon notice of copyright infringement by the copyright holder, block outside access to any allegedly infringing materials. If the user in question gives counter-notice, ISOMEDIA will forward such counter-notice back to the copyright holder. If the copyright holder does not file a legal action against the user in question within 14 days, ISOMEDIA will re-instate access to the alleged infringing materials.
You acknowledge that the Internet is an inherently insecure environment and that any computer or other equipment You attach to the internet or to any network attached to the internet may become the target of computer hackers. You are solely responsible for keeping Your machines secure and free of viruses or other harmful programs that can directly or indirectly interfere with the operations of ISOMEDIA's sites and services, and that of third parties connected to its networks. You are solely responsible for guarding against and repairing Your computers and other systems from any infection by malicious code or unauthorized use.
ISOMEDIA's websites contain links to other external websites that may be
useful to you. ISOMEDIA is not responsible for the privacy practices or the
content of these external websites.
ISOMEDIA will not be held liable for any charges or incidental fees that You may incur through the normal use of Your service. This includes, but is not limited to, long distance charges incurred by calling a long distance phone number to receive customer support or to connect to ISOMEDIA sites or services. You agree to be solely responsible for these fees.
You agree not to resell (or provide free of charge) any ISOMEDIA site or service to any third party without first entering into a Reseller Agreement with ISOMEDIA.
If You purchase services from ISOMEDIA in one to three month increments, no proration of Your prepaid fees will be made in the event of cancellation or termination of service. If You purchase services from ISOMEDIA in an increment longer than three months, in the event of termination or cancellation, and absent a contrary provision in Your service contract, You will be responsible for 50% of the balance of the remaining payments under Your service contract as of the date of Your cancellation or termination. If You purchase services from ISOMEDIA which included a rebate or a discount for length of contract and your service is cancelled or terminated prior to the end of that period, the discount will be revoked and you will be billed for and will be responsible for immediately paying the difference. ISOMEDIA reserves the right to reduce any refund by offsetting expenses ISOMEDIA may have occurred as a result of damages You or Your equipment may have caused. All equipment owned by ISOMEDIA must be promptly returned when your service ends.
All termination or cancellation notices from You must go to cancellations@isomedia.com, and please check your next billing to be
sure the cancellation email was received and processed.
You agree to pay when due for the valid charges for our services and agree that such timely payment is an essential condition for our service(s). ISOMEDIA will not pay interest on deposits unless required by law to do so. Faxed copies of signatures shall be as legally binding as original signatures. Any over billing errors must be reported to ISOMEDIA within 90 days of the error, and adjustments or refunds for errors over 90 days will not be made. ISOMEDIA reserves the right to bill you for any item that has not been billed to you and should have been.
You agree to pay for any expenses incurred with a third party vendor because of erroneous personal information you have provided to ISOMEDIA.
You agree not to solicit an offer for the sale of any good or service or an offer of employment to any ISOMEDIA employee. You agree not to offer any ISOMEDIA employee a commission, "spiff", gratuity or any other emolument for the performance of that employee's duties.
ISOMEDIA may unilaterally terminate this Master Agreement at any time, for any reason. You specifically waive Your right to sue or ability to assign Your rights for any losses. If You and ISOMEDIA enter into a separate service agreement that provides for a different termination process, that process will explicitly acknowledge and supercede this clause.
If You have questions or concerns about our terms and conditions, please send an e-mail to notifications@isomedia.com.
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