Olivero Broadcasting GroupBHR Hosting and Shout castAcceptable Use Policy
*PLEASE READ THIS POLICY FULLY BY ACCEPTING OR BEING ON OUR SERVERS YOU ARE LEGALLY BOUND*Welcome Welcome to the website (the "Website") of the OLIVERO BROADCASTING GROUP ("OBG"). Please carefully review these terms and conditions ("Terms of Use"), the Privacy Policy, and the terms and conditions on the Website that govern particular offers or features (e.g. requests for information) ("Additional Terms and Conditions," together with these Terms of Use and the Privacy Policy, form the "Terms & Conditions") all of which collectively govern your use of and access to all of the Website and any and all content, data and information contained therein. YOUR USE OF ANY PORTION OF THIS WEBSITE CONSTITUTES YOUR UNCONDITIONAL TERMS & CONDITIONS TO FOLLOW AND BE BOUND BY THIS TERMS & CONDITIONS, AS MAY BE AMENDED OR SUPPLEMENTED FROM TIME TO TIME BY OBG, IN ACCORDANCE WITH THIS TERMS & CONDITIONS. IN THE EVENT OF ANY INCONSISTENCY OR CONFLICT BETWEEN THESE TERMS OF USE, THE PRIVACY POLICY AND THE ADDITIONAL TERMS AND CONDITIONS, THE FOLLOWING ORDER OF PRECEDENCE SHALL CONTROL: (1) TERMS OF USE, (2) PRIVACY POLICY IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS LISTED IN THIS DOCUMENT AND ATTACHED DOCUMENTS, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS WEBSITE(S) OR ANY HOSTED OR OPERATED WEBSITES OR SERVERS BY OBG. Terminology.The following terminology is used in this document:
Acceptance of Policy.By using the OBG Network Service, OBG Network Users agree to be bound by the terms and conditions set forth in this document. OBG Network reserves the right, at its sole discretion, to change, modify, or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Questions regarding these terms and conditions should be mailed to legal@oliverobroacastinggroup.com. Presumption of Agreement By signing up with OBG, be it using OBG's online sign up form or contacting in any way an employee, officer, agent, and director with request for OBG to provide Client services, Client (1) authorizes OBG to take the actions necessary in order to setup Client's account, including charging credit card, if applicable, supplied by Client at time of sign up; and (2) agrees to each and every provision set forth in this Agreement and shall hold to said Agreement in the court of law. This is applicable from the 1st day of service rendered. Restrictions of Use.OBG Network grants OBG Network Users non-exclusive and limited right to use the OBG Network Service for personal, recreational purposes only. OBG Network Users are not receiving any ownership or proprietary right, title, or interest in the OBG Network Service including, but not limited to, the copyrights, trademarks, patents, trade-secrets, and other intellectual property related thereto. OBG Network Users may not use the OBG Network Service in such a fashion as to
In addition, OBG Network Users may neither operate any bot, botnet, or spider nor undertake any iterative technique, be the source localized or distributed, which could
Also all users will follow the following policies or conditions during there use of the network
Grant of License.By contributing any original creative works to OBG Network for publication, OBG Network Users thereby grant OBG Network a worldwide, royalty-free license in such creative works for purposes of reproduction, adaptation, public performance, synchronization, and publication. This license shall terminate upon the removal of such creative works from the OBG Network Site (s) and Servers. Furthermore, OBG Network Users represent and warrant that the rights in such creative works are owned by or otherwise assigned to the same for the express purposes herein described. Termination.OBG Network, in its sole discretion, reserves the right to limit, deny, or create different priorities to different OBG Network Users. OBG Network, in its sole discretion, reserves the right to modify, extend, or remove some or all of the functionality of the OBG Network Service at any time and without prior notice. Cost of Use.PRICES AND AVAILABILITY OF THE PRODUCTS AND SERVICES LISTED ON THE OBG NETWORK SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE. OBG Network may charge a membership fee for use of the OBG Network Service, including but without limitation, initial setup, upgrades, and access to specific functionality of the OBG Network Service. Any such fees will be posted for notification purposes on the OBG Network Site. All customers are to be of 18 years or older to purchase Server type products including free products (Hosting, Shout Cast, Dedicated Servers, Etc). Team speak and Ventrillo are Excluded If a 13 to 17 year old wishes to do so they need a parents signature. Please see a sales rep for the required form(s) that need to be filed out. THIS POLICY APPLIES TO ANY ACCOUNT FOUND ON A OBG SERVER. Most Prices are posted HERE... All customers are required to follow the billing policy posted HERE *REFUND POLICY* ALL PRODUCTS ARE NON-REFUNDABLE- Except the medium hosting package in the 1st 30 days of service. Also there will be no more "refunds" if you are due your one time late fee waiver and you forget to ask for it, you can be granted a partial credit on the next months bill. You can apply for a refund on other products if its in the first 30 days of service, but the refund is up to OBG to grant or not. Please See a sales Rep for a refund request form. If you apply for a refund with a payment processor we may charge you a Deposit the next time you with to take service with us or continue service. Domains purchased through OBG are subject to use on OBG servers. If you wish to transfer the domain for use off our servers there will be a transfer charge of $250.00. In Certain cases this charge can be waived. Back Ups.Full backups are made weekly, and backups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the Clients responsibility to maintain local copies of their web content and information. If data loss occurs due to negligence of Client in securing their account or by an action of the Client, OBG Network will attempt to recover the data from the most recent archive for a $250.00 fee. Third-Party Websites.The OBG Network site may incorporate hyperlinks to third-party Websites. OBG Network Users acknowledge that third-party Websites are neither controlled by nor endorsed by OBG Network, and therefore use of such third-party Websites is beyond the scope of this Acceptable Use Policy, EXCEPT FOR STREAMS. OBG Network disclaims all liability arising from and relating to the availability of hyperlinks to third-party Websites. Third party links on OBG Network Sites Must Be approved. Streams on some third party websites may be blocked by OBG, if OBG has deemed that site "Unsafe", or wishes that it has no affiliation with that site or its owner (s). OBG also has no control over the availability of third party websites or venders. OBG does not support Chat box services that come from third party vender websites. Disclaimer.THE OBG NETWORK SERVICE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. OBG NETWORK MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS, OR COMPLETENESS OF THE OBG NETWORK SERVICE. OBG NETWORK MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY THAT THE OBG NETWORK SERVICE AND THE INFORMATION OBTAINED THEREIN MAY BE RELIED UPON FOR ANY PARTICULAR REASON OR PURPOSE. OBG NETWORK MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY THAT USE OF THE OBG NETWORK SERVICE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE NOR THAT ANY DEFECTS CAN BE CORRECTED. Indemnification.OBG Network Users agree to defend and hold harmless OBG Network and its affiliates, its contractors, its agents, and its assigns from all claims and demands, including reasonable attorney's fees, made by any third-party arising from any Users' activities with respect to or in connection with the OBG Network Service. Copyrights and Trademarks.Copyright © 2007-2012, Olivero Broadcasting Group All rights reserved. "Best Hits Radio", "Ravage Radio", "Triple X Radio", "Crypt Radio", "The Hop/Kraze", "Renagade Radio", "965 The Noize", And OTHER STATIONS , including the associated logotypes/ and names, are trademarks or servicemarks of Olivero Broadcasting Group. DJ(Dr. Jeremy™) is used under license ALL SITES AND THERE NAMES ON OBG SERVERS ARE PROTECTED BY THE OBG TRADEMARKS AND CANNOT BE REPLICATED IN ANY METHOD WITHOUT WRITTEN PERMISSION FROM OBG. All other trademarks or servicemarks used herein are property of their respective owners. General.Choice of Law and Forum.This Acceptable Use Policy shall be governed by and construed in accordance with the laws of the State of Illinois. OBG Network Users irrevocably consent to the exclusive jurisdiction of and venue of the courts, whether they be state or federal, located within the State of Illinois, St Clair County, in all claims or disputes arising from or relating to use of the OBG Network Service including unpaid accounts. Statute of Limitations.OBG NETWORK USERS AND OBG NETWORK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATING TO USE OF THE OBG NETWORK SERVICE MUST COMMENCE WITHIN ONE (1) MONTH AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. Waiver and Severability.The failure of OBG Network to exercise or enforce any provision in this Acceptable Use Policy shall not constitute a waiver of such provision. If any article of this Acceptable Use policy is held to be invalid or unenforceable, that article shall be construed in a manner consistent with applicable law to best reflect the original intentions of both parties while the remaining articles shall endure their full effect. Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL OBG OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR ACCESS TO OR INABILITY TO USE OR ACCESS THIS WEBSITE ,YOU COMPUTERS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF OBG HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU, AND NOT OBG, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. IN NO EVENT WILL OBG BE LIABLE FOR ANY DAMAGES IN EXCESS OF TEN UNITED STATES DOLLARS ($10.00) FOR ANY CLAIMS ARISING FROM OR RELATED TO THIS TERMS & CONDITIONS. THIS INCLUDES INSTALLATION OF ANY NECESSARY SOFTWARE TO BE A DJ FOR OBG OR A LEASED OBG STATION Section Headings.The section headings in this Acceptable Use Policy are for convenience only and have no legal or contractual effect. Entire Agreement.This Acceptable Use Policy constitutes the entire understanding between OBG Network Users and OBG Network with respect to the subject matter hereof. There are no understandings, agreements, conditions or representations with reference to the subject matter herein that are not expressly referenced herein or superseded hereby.
OBG's POLICY REGARDING SUBMISSIONS,
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