Terms and Conditions of Use

Overview

All services provided by Online-Access, Inc. (O-A) may only be used for lawful purposes and as such the presentation, transmission or storage of data or material that is in violation of any United States Federal, State or City law is strictly prohibited. This includes, but is not limited to: pornography, email spamming, hacker programs, copyrighted materials, pirated software and web sites that promote or engage in illegal activities.

Web Hosting Terms & Conditions

This Web Hosting Agreement (this "Agreement") sets forth the terms and conditions of your subscription and use of the BoastHost website generation system, as well as your use of O-A’s web hosting services. You certify that you are at least 18 years of age. To become a subscriber, you must read and agree to be bound by all terms and conditions of this Agreement and any policies that are or may be published by O-A. This Agreement will become effective when accepted by the subscriber upon entering into the Administration section of their web site. By posting notice 30 days in advance at the logon page for the BoastHost system located at http://admin.online-access.com/admin.online-access.com, O-A may modify the terms and conditions of this Agreement, as well as discontinue or change the services offered. After 30 days of posting, you will be bound by the modified Agreement or policies if you continue to use the services. This subscription agreement is non-transferrable and is applicable to one business entity for use with websites and domains specific to just that business. This agreement does not grant permission to utilize this system with multiple websites owned by to different businesses/legal entities.

1. Scope of Services and Your Obligations

1.1. This Agreement defines the terms and conditions of O-A’s services as offered by O-A, and used by you, including the provision of providing web hosting services of audio files on O-A’s dedicated servers and connectivity to the Internet (the "Services"). O-A will provide the storage of media files and use of BoastHost’s publishing services in exchange for payment of the annual subscription fees and file conversion and transfer fees in the form of ‘file tokens’, and full compliance with the terms and conditions of this Agreement. In performing the Services, O-A maintains control and ownership of any and all telephone numbers that may be assigned to you and reserves the right to change or remove any and all telephone numbers at its sole discretion.

1.2. You are responsible for all the content of any electronically captured sound files, (the "Upload Materials") to your website, and you hereby warrant that all media you play through your BoastHost subscription, on any website shall be owned, displayed with permission or properly licensed by you and shall not adversely impact the services or violate any rights of any third parties. You are responsible for all activity originating from your BoastHost subscription, unless proven to be a victim of outside hacking or address forgery. You assume responsibility for all media files you create or place on your website.

1.3. In connection with the Services, O-A may provide for your use certain Tools and software, including, but not limited to, certain specialty scripting software and/or certain online programs for broadcasting and displaying media files (collectively, the "BoastHost Tools"). Unless otherwise identified, these BoastHost Tools are proprietary property owned by O-A. To the extent that such BoastHost Tools are provided to you, you are granted a nonexclusive, nontransferable license to use the BoastHost Tools for your internal use, solely in connection with the Services provided under this Subscription Agreement.

1.4. During the period that O-A provides the Services to you, you hereby grant to O-A a nonexclusive, royalty-free, worldwide right and license to digitally display and host your content, and to display its trademarks, service marks, trade names, logos and other commercial or product/service designations in connection with BoastHost and such Services.

1.5. For server restoration purposes only, O-A makes full back-ups of its hosted services weekly; however, O-A makes no guarantees of any kind, either expressed or implied, as to the integrity of these back-ups. If loss of data occurs due to an error of a subscriber, O-A will attempt to recover the data for the subscriber, but makes no warranty about its ability to do so.

1.6. O-A reserves the right to monitor its systems electronically and to access and disclose any information as permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself or its BoastHost Subscribers or for any other reason it in good faith deems necessary. O-A will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and reserves the right to report to law enforcement any suspected illegal activity it becomes aware of. It is not O-A’s intention that its Services or facilities be used in contravention of the Communications Decency Act of 1996 (the "CDA") or any other applicable law.

1.7. You agree to comply with the requirements of the CDA and the Digital Millennium Copyright Act (the "DMCA") and acknowledge that O-A is a "service provider" under the DMCA and is therefore immune from liability under the DMCA, including Title 2 U.S.C. Section 512.

1.8. Website media files are unmodified forums containing the personal opinions and other expressions of the persons who record their perspective on a wide range of topics. All media files stored within the BoastHost system are neither screened, approved, reviewed or endorsed by O-A. Subscriber understands that copyright enforcement of any original material created by the subscriber displayed on the subscriber’s web site is the responsibility of the subscriber.

2. Limited Warranty; Limitation of Liability; Indemnification

2.1. Limited Warranty. You acknowledge that the Services are provided "as is." Neither O-A nor any of its employees or agents warrants that the Services will be uninterrupted or error free. O-A, and its RESELLERS are not responsible for and hereby disclaims any warranties, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or completeness, non-infringement, merchantability or fitness for a particular purpose of information available on its Servers or residing on or passing through its interconnecting networks. Use of information obtained from or through the Services is at your risk. Under no circumstances will be liable to you or any other person for any loss or damage caused by your reliance on information available on its servers or obtained through the Services.

2.2. Limitation of Liability. IN NO EVENT SHALL O-A AND ANY OF ITS RESELLERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE O-A’s SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF O-A's SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF O-A HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL O-A’s MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO O-A FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. O-A’s LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

2.3. Indemnification. You agree to indemnify, defend and hold O-A and its RESELLERS, affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto O-A’s servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to O-A’s equipment or to any other BoastHost Subscription holder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by O-A’s gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.

3. Payment of Fees

3.1. O-A will notify subscribers via the email registered in the system of any fee increases 30 days before such increases take effect. Other than the initial 30 days of use, any cancellation during the term of a subscription will not constitute grounds for any refund or proration of fees.

3.2. You agree to provide O-A with accurate and complete billing information, including your legal name, address, telephone number, e-mail address and agree to update this information immediately if any change occurs. Payments are billed through PayPal one year in advance for the rest of that year’s Services. PayPal will automatically attempt to renew the subscription unless it is cancelled by the BoastHost user from their PayPal account. O-A will offer a full refund upon request to cancel during the first 30-days of use after subscribing. To cancel, simply state your request in an email with in the initial 30-days from the date of purchase to techsupport@online—access.com The quantity of files that a user’s BoastHost will transfer, convert and store within the BoastHost system is dependent on the ‘file tokens” the user has in their account. File tokens can be purchased at any time. Each file transferred to BoastHost utilizing non-local telephone numbers will require 1 token at the time of transfer. Use of alternative telephone number options such as reserving and utilizing one of O-A’s assigned toll free numbers may require additional file-tokens due to the additional cost procured by O-A to facilitate the transfer. The fee schedule for tokens and token usage per transfer type is published at the BoastHost.com website. All purchased tokens will remain in the user’s account as long as the user’s annual subscription is maintained and current.

3.3. You acknowledge that PayPal will attempt to bill your credit card, or debit your checking for your annual BoastHost Subscription at the at the anniversary of your renewal date. You authorize automatic billing by PayPal on an annual basis on an on-going basis during the term of this Agreement.

3.4. Delinquent BoastHost Subscriptions are those that remain unpaid at the beginning of the next Payment Interval. The Services may be suspended if your BoastHost Subscription is delinquent. Notwithstanding any other rights you may have in this Agreement, all of your BoastHost content may be destroyed if your BoastHost Subscription is delinquent for 60 days. Subscriber BoastHost Subscriptions continue to accrue charges while they are delinquent until the Services are suspended.

3.5. In the event that a user wishes to purchase a phone number assigned to them from their BoastHost subscription, Online-Access will charge a service fee of $100.00 to release the number and assist in its transfer to the user.

3.6. You acknowledge responsibility for your BoastHost Subscription until payment in full is made.

4. Acceptable Uses

4.1. Use and Misuse of the Services. All complaints of abuse, violation and misuse of the Services, whether described in this Section 4 or otherwise, shall be investigated promptly. If you are not sure if your actions will be an abuse, violation or misuse, please ask first by directing inquiries to techsupport@0nline-Access.com.

You are responsible for all use of BoastHost in your website, with or without your knowledge or consent.

You agree to use the Services only for lawful purposes, in compliance with all applicable laws. Illegality includes, but is not limited to, drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions; stalking; or violating other state or federal law, such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. References with in the media files published through BoastHost to illegal material is also prohibited.

When O-A becomes aware of possible violations of this Agreement, O-A may initiate an investigation that may include gathering information from you and the complaining party, if any, and examination of material on O-A’s servers.

O-A, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of this Agreement could subject you to criminal or civil liability.

BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD O-A HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY O-A AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES WHATSOEVER FROM O-A AS A RESULT OF O-A'S DECISION TO REMOVE MATERIAL FROM ITS SERVERS, WARN YOU, SUSPEND OR TERMINATE YOUR BOASTHOST SUBSCRIPTION, OR TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF O-A'S CONCLUSION THAT A VIOLATION HAS OCCURRED. THIS WAIVER APPLIES TO ALL VIOLATIONS DESCRIBED IN THIS AGREEMENT.

4.2. Use and Misuse of Materials. You are prohibited from storing, distributing or transmitting any unlawful material through the Services. Examples of unlawful material include, but are not limited to, threats of physical harm, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. Pornography and sex-related merchandising, or links to such material, even if legal, are not acceptable uses of O-A’s servers. You may not post, upload or otherwise distribute copyrighted material on O-A’s servers without the consent of the copyright holder or their agents.

O-A supports free speech on the Internet and will not suspend or cancel your BoastHost Subscription simply because it disagrees with your views expressed through its BoastHost system. However, examples of unacceptable activities include posting private information about a person without his or her consent or media that defames a person or business. Where there are allegations that your on-line activity has violated the legal rights of a third party, O-Awill not substitute itself for a court of law in deciding tort claims raised by the third party.

4.3. System Security. You are prohibited from utilizing the Services to compromise the security of system resources or BoastHost Subscriptions on servers at or at any other site. Use or distribution of BoastHost Tools designed for compromising security or containing viruses or Trojans are prohibited. Examples of these BoastHost Tools include, but are not limited to, password guessing programs, cracking BoastHost Tools or network probing BoastHost Tools.

If you are involved in violations of system security, O-A reserves the right to release all usernames of users involved in such violations to system administrators at other sites in order to assist them in resolving security incidents. O-A will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.

 4.4. You acknowledge and agree to treat any technical knowledge, or trade secrets learned in regards to O-A’s BoastHost system as confidential, and agree not to disclose this confidential knowledge to any third party without express written permission of O-A during the entire time the BoastHost Subscriber uses the system and for two years after should the BoastHost E-Commerce Subscriber end their relationship with O-A.

5. O-A’s Right to Terminate a Subscription Agreement

5.1.(a) O-A reserves the right to suspend or terminate the Services to you and remove or prevent access to any material from your BoastHost system at any time, without prior notice or liability, for any conduct that O-A, in its sole discretion, believes violates this Agreement or is otherwise harmful to O-A’s interests or the interests of other subscribers. (b) O-A also reserves the right to comply with the take-down provisions of the DMCA and to seek injunctive, declaratory, or other judicial or equitable relief (and, pending such action, to suspend all access to your website) if any third-party claim is made that your website content or use violates any of the acceptable uses or your obligations or representations described in this Agreement.

6. Cancellation of BoastHost Subscription

6.1. You may cancel your BoastHost Subscription by giving Online-Access notice of cancellation at anytime. This can be done by sending an email to Customer Service (TechSupport@0nline-Access.com). No refunds are given on any BoastHost unless it is canceled within the first 30-days from when the BoastHost Subscription was established.

6.2. If your BoastHost Subscription is suspended or terminated for any reason permitted by this Agreement, O-A may, at its sole discretion, permanently delete your BoastHost media content from its servers as well as terminate any scripts supplying the boasHost content to your website(s). If your BoastHost Subscription has been canceled or suspended due to a violation of our Terms of Use policy, no refunds will be given on any pre-paid term.

7. Governing Law

7.1. Except for O-A’s compliance with take-down provisions of the DMCA or injunctive or other equitable actions initiated by pursuant to Section 5(b) of this agreement, if any controversy or dispute arises in connection with this Agreement, the Services or your use of O-A’s servers, such controversy or dispute shall first be presented for resolution by O-A and you. The validity, terms, performance and enforcement of this Agreement shall be governed and construed by its provisions and in accordance with the laws of the State of Michigan (without regard to conflicts of laws principles).

7.2. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in the State of Michigan, for any action, suit or proceeding arising out of or relating to Section 5(b) of this Agreement and the arbitration contemplated by this Section 7.

8. Miscellaneous

8.1. You may not assign your rights and obligations under this Agreement without the prior written consent of O-A, which may be withheld at O-A’s discretion. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of O-A to require your performance of any provision hereof shall not affect the right to require such performance thereafter; nor shall the waiver by O-A of a breach of any provision hereof be taken or held to be a waiver of the provision itself. Any action for any claim arising under, or in connection with, this Agreement must be commenced by you within one year after the alleged cause of action has accrued or after the date of termination of this Agreement, whichever is earlier. In the event that any provision of this Agreement is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of this Agreement. Such provision may be amended or replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the parties as reflected in the original provision. No provision of this Agreement may be amended or modified by you except by means of a written document signed or expressly assented to by O-A. All terms and conditions of this Agreement that should by their nature survive termination of this Agreement shall so survive. This Agreement, the terms listed in the “All Rights Reserved”[1], and the Online Order form, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and supersede and govern all prior proposals, agreements, or other communications.

9. Free 2 Week Trial - Terminating Subscription

9.1. O-A extends a free trial to all new BoastHost Subscribers for the first 14 days of their subscription. The trial begins the date of signup of customer's BoastHost Subscription and shall expire 14 days later. Customer has the right to cancel their subscription via PayPal for a full refund any time during the first 14 days. Upon cancellation during this period, access to BoastHost will be terminated. PayPal will process charges for the subscription when the 14 day of the trial period expires. Cancellations after this time will apply to subsequent annual subscription periods only. PagePilot subscribers contact Online-Access to terminate subscription. Subscription renewals are exempted from the trial offer.