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   Terms and Conditions

IMPORTANT NOTICE: *All Payments To Tulip Systems, Inc. Are Non-Refundable*

Tulip Systems, Inc. ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of Tulip Systems’s Services constitutes acceptance and agreement to Tulip Systems's AUP (Acceptable Use Policy) as well as Tulip Systems's TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of Tulip Systems.com and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the state of Georgia, county of Fulton applicable to contracts enforceable in that state. Venue will be Fulton County, Georgia.

1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber 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 the Subscriber. In addition Tulip Systems shall have the right to terminate all service set forth in this Agreement.

2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

3. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service.

4. Payments and Fees: Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $200 reconnect charge. Accounts not paid by due date are subject to a $7.95 late fee. Accounts that are not collectable by Tulip Systems may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

5. Refund and Disputes: All payments to Tulip Systems.com are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Tulip Systems's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Tulip Systemsan "Administrative Fee" of not less than $50 and not more than $150.

6. Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

7. Account Cancellation: Requests for canceling accounts may be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to:

Tulip Systems, Inc.
Attn: MusicWebTown Cancellations
55 Marietta Street
Suite 1740
Atlanta, GA 30303
USA

Tulip Systems’s preferred method of cancellation is via email. Please email to cs@musicwebtown.com and indicate your userid.

Acceptable Usage Policy Document  (AUP) and Terms of Service Document

AUP Document Contents:

Introduction: The Purpose of MusicWebTown.com Community
Conduct Guidelines - the "Do's and Don'ts" of our Community
Network Integrity Policy
SPAM Policy
Abuse Reporting Procedure 

Terms of Service Document Contents:

ACCEPTANCE OF TERMS OF SERVICE
DESCRIPTION OF SERVICE
PRIVACY POLICY
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
INDEMNITY
NO RESALE OF SERVICE
GENERAL PRACTICES REGARDING USE AND STORAGE
MODIFICATIONS TO SERVICE
TERMINATION
ADVERTISEMENTS AND PROMOTIONS
WARRANTEES/DISCLAIMERS
LIMITATION OF LIABILITY
NO RESALE OF THE SERVICE
EXCLUSIONS AND LIMITATIONS
COPYRIGHTS
GENERAL INFORMATION


This Acceptable Usage Policy document ("AUP") sets forth the terms and conditions of your use of Tulip Systems, Inc.'s (D.B.A. "MusicWebTown.com") hosting service resources ("resources" includes but is not limited to:  network capacity, networking equipment, server hardware, server system resources -- CPU cycles and/or processes, etc...) as well as other MusicWebTown.com-related services.

For the purpose of clarification, within this document, "you" and "your" refer to each MusicWebTown.com Community member or customer and "we", "company", and "our" refer to Tulip Systems, Incorporated (D.B.A. "MusicWebTown.com").


Introduction: (MusicWebTown.com Community's Purpose)

The intent of this document is to purposefully state the accepted usage policies related to the use of our services and resources. We rely on the enforcement of these policies to insure our continued functional reliability and success.

Please note:  if at any time in the course of using our services or at any time you otherwise notice or discover anyone misusing or obviously abusing our resources and ignoring our usage policies (example: you are on an external newsgroup or message board and see a post for someone linking mp3s, videos, ISO images, or other large files at a "www.MusicWebTown.com" URL), please report these incidents to: cs@MusicWebTown.com.

Remember that our resources are YOUR resources, so protect them as if they were your very own.

Our main objective in offering free mp3 website hosting services is to encourage the ongoing creation of an online community of website creators and users. Obviously, we are also making use of these offered services to generate advertising revenues, but that is how we cover our expenses and justify the high quality system infrastructure, expertise, security measures, available resources and relative reliability of our services.

There are a number of additional key reasons why we are providing this free hosting service:

  • To foster the growth of a real online "community" of users who interact with each other in meaningful ways;
  • To encourage community members to provide additional benefits to others through contributions in forum discussions, live chat, store/auction sales, website creativity and the sharing of these techniques with others;
  • To promote and fully test the Community Web Hosting Environment (licensed from Tulip Systems, Inc.) as a viable working solution for hosting and enabling the simple creation and maintenance of Web sites and related services;
  • To increase awareness about our own services and capabilities as a website hosting, Internet services and solutions company.

Conduct Guidelines - the "Do's and Don'ts" of our Community

Rules, Policies, and Restrictions regarding content or materials posted on Community websites:

MusicWebTown.com is interested in providing the availability of its system and network resources to legitimate web site users and developers ONLY! That means if we discover any individual, group, or entity misusing or abusing our resources (as discussed in our Authorized Usage Policies/AUP and Terms of Service/TOS documents, or in our own determination) we reserve the right to suspend or completely remove said content from our servers at any time and without any prior notification.

Make sure you READ ALL SECTIONS of this and any other policy-related documents! All documents are available on the MusicWebTown.com website and are referenced within our AUP / Terms and Conditions documents.

Legal Responsibilities

There are legal (not to mention ethical) issues of which every website designer/creator/developer/owner must be fully aware of. Publishing copyrighted or the illegal distribution of materials, or publishing content that is "objectionable" is NOT ACCEPTABLE within the MusicWebTown.com Community environment. "Objectionable" is hereby defined as: considered to be unauthorized, copyrighted, harmful, threatening, abusive, defamatory, vulgar, harassing, obscene, libelous, hateful, racially or ethnically objectionable, strictly "adult-oriented" in nature, intentionally misleading, harmful to minors or related to hacking or warez sites.

Swift and harsh consequences await those users who willingly defy our rules and policies! We also will not hesitate to report any and all illegal activities to the appropriate US or International authorities.

Do's and Don'ts:

What We Don't Allow:
We are interested in providing valuable free of monetary charge services to legitimate website designers/creators/developers/owners. We do not have an interest in providing free online services and making prime technological resources available to those individuals who would knowingly misuse or abuse said resources for their own gain or purposes.

The following "Do's and Don'ts" focus on many of our core concerns, rules and guidelines for properly maintaining the health and longevity of our MusicWebTown.com Community. While we cover a lot of ground in these references, they do NOT constitute all of our rules and policies that would cause the suspension or removal of your site. Please make sure you read this entire document to protect the best interests of your site and your own time and efforts.

DO's:

  1. Do create and contribute feature-rich and unique (and hopefully interesting) websites that visitors can view and enjoy based on their own interests.
  2. Do try all features and functions advertised as being available within the Community system environment.
  3. Do post messages in the Online Discussion Forums including questions, requests and comments. Answer questions from other members whenever possible and share tips and techniques on how to accomplish Web site-related tasks.
  4. Do "spread the news" and freely discuss MusicWebTown.com with friends, family, co-workers and individuals you come into contact with. "Word of mouth" advertising is one of the best ways to gain new users and we are hoping for the broadest possible spectrum of users so we can all benefit from the shared experiences and unique perspectives as displayed within websites and through contributions to message forums and chat room activities.
  5. Do feel free to refer and/or link to us within your own website and/or during your online activities (posting to external newsgroups, message boards, etc). Please make sure to respect any external resource's rules and policies about mentioning entities like MusicWebTown.com Community.
  6. Do provide feedback and make suggestions within our appropriate Online Forums, Live Chat sessions, E-mail, or online contact forms. Please participate in questionnaires and surveys as occasionally provided online to better assist us in the overall design and management of our MusicWebTown.com Community environment.
  7. Do visit our sponsors and advertising partners and affiliates. Your support of them and their products and services helps to insure our continued existence.

DON'Ts:

  1. Don't ever knowingly abuse our system's resources or network connectivity. We are very serious about banning abusers and preventing future attempts to abuse our networks and resources.
  2. Don't ignore the rules and guidelines we've created (out of necessity) for the effective management of the MusicWebTown.com Community environment.
  3. Don't cross-link or remote-link or otherwise provide unauthorized links to MusicWebTown.com hosted content via externally hosted sites or resources. In other words, please do not "steal" our bandwidth/data transfer resources simply because they are free. We realize that some individuals feel this does little harm (what's a few hits per month?) but allowing anyone to do this is, in our opinion, equivalent to stating that the "porn" or "warez" scammers and leaches who steal bandwidth from services like ours are doing nothing wrong as well. If we catch you, we'll take steps to make sure you'll never be able to abuse us again.
  4. Don't attempt to publish any materials considered to be unauthorized, copyrighted, harmful, threatening, abusive, defamatory, vulgar, harassing, obscene, libelous, hateful, racially or ethnically objectionable, strictly "adult-oriented" in nature, intentionally misleading, harmful to minors or related to hacking or warez sites.
  5. Don't attempt to distribute or provide information, instructions or advice on uploading/providing access to any materials or computer code containing software viruses or any other code that is intended to .spy. or monitor end-user activity. This also includes software or code (HTML or source code) that misleads users into providing personal details under false pretenses (example: providing a fake form masquerading as an ISP attempting to gain user access information or credit card details). Not only will we ban you from our system, we will aggressively report any abuses to the appropriate law-enforcement agencies.
  6. Don't harass or otherwise defame or intimidate fellow Community members. The old saying holds true, "if you can't say something nice... don't say anything at all." We also like to add a similar saying, "if you want to criticize something, make sure you have a suggestion on how it can be improved." So, feel free to be critical, so long as you keep in mind that the individual or group behind the criticism deserves a constructive manner of receiving said critique.
  7. Don't conduct contests or giveaways that charge an entry fee or require exchange of goods or services.
  8. Don't attempt to reverse-engineer or otherwise modify or alter the normal rotation and presentation of MusicWebTown.com Community banner ads.
  9. Don't display sponsorship banners or links that interfere with those automatically generated by MusicWebTown.com Community banner ad serving procedures.
  10. Don't display banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites.
  11. Don't upload, publish or otherwise distribute via the World Wide Web any content or subject matter that you do not have authorized (in writing) permission or rights to transmit under any law or under any contractual or other relationship (such as insider information, confidential or proprietary information received or disclosed as part of an employment relationship or under nondisclosure or non-compete agreements).
  12. Don't make use of your Web site as mass storage for remote linking files or as a redirect or "front door"  to another home page that is inside or outside our hosting system.
  13. And lastly, don't think because you haven't taken the time to read these guidelines that you can claim "I didn't know what I was doing was wrong". If you aren't sure, you should either post a question in the Online Forums or send an E-mail to "cs@MusicWebTown.com". We'll be happy to advise you in these matters.

Network Integrity

MusicWebTown.com Community members may not attempt to circumvent user authentication or security of any host, network or accounts, or penetrate security measures ("hacking") on, related to, or accessed through the MusicWebTown.com or Tulip Systems, Inc. network. This includes, but is not limited to, accessing data not intended for such user, logging into a server or account which such user is not expressly authorized to access, falsifying a username or password, probing the security of other networks, and executing any form of network monitoring which will intercept data not intended for such user. Further, no party shall effect any security breach or disrupt any Internet communications including, but not limited to, accessing data of which such user is not an intended recipient or logging onto a server or account which such user is not expressly authorized to access. For purposes of this section, "disruption" includes, but is not limited to, port scans, ping floods, packet spoofing, forged routing information, deliberate attempts to overload a service, and attempts to "crash" a host. Finally, no party may utilize the MusicWebTown.com network in connection with the use of any program, script, command, or sending of messages, designed to interfere with the normal operation of a user's computer or online activities, by any means, locally or via the Internet.

SPAM Policies

What is Spam? Spam is Unsolicited Commercial E-mail ("UCE") or bulk E-mail which has not been requested by the recipient. It is intrusive and often irrelevant or offensive, and it wastes valuable system and network resources for ISPs and for individuals to have to deal with it. Spam messages are the opposite of permission-based E-mail, which are normally anticipated, personal, relevant and/or associated with a pre-existing business or personal relationships.

Spam is strictly prohibited within our networks, servers, systems and infrastructure. MusicWebTown.com Community takes special measures and efforts to monitor our available network and physical system resources. When we discover abuse (including Spam activities) our response is swift and harsh. We consider Spam and other irresponsible misuse of service provider resources a crime as bad as stealing or worse. It goes so far as to hurt the Internet community as a whole, and since we have a fundamental attachment and involvement with this community and its continued success as a medium of business and personal communication, any activities that threaten its success or weaken its effectiveness are considered criminal and should be dealt with in the most severe means possible.

  • Use of false headers, or other false information, to identify the point of origin or the transmission path of the E-mail, or to hide the true origin of the E-mail sender;
  • Unauthorized use of a third party's Internet domain name without the permission of such third party, to make it appear that the third party was the point of origin of the E-mail;
  • Use of any false or misleading information in the subject line of the E-mail
  • Assisting any person in using the products or services of MusicWebTown.com Community  for any of these previously mentioned activities.

8 Questions to Ask Yourself Regarding Spam:

To help in establishing whether you are participating in activities which constitute spam, ask yourself the following questions:

  1. Have you deliberately falsified your transmission path information or originating address?
  2. Are you sending E-mail to mailing lists or distribution lists, which then send indirectly to various other E-mail addresses?
  3. Have you imported for use a purchased list of any type?
  4. Are you continuing to mail to anyone who has asked to be deleted from your mailing list?
  5. Does your E-mail not provide a fully functioning link to unsubscribe?
  6. Does you E-mail subject line contain false or misleading information?
  7. Have you used a third party's E-mail address or domain name without the party's consent?

If you answer yes to any of these questions, you are likely involved in spam activities, and should take appropriate measures to immediately cease any and all further-related activities or operations.

Any MusicWebTown.com Community member who knowingly participates in Spam-related activities (including the sending of mass E-mails, the distribution of software that automates mass E-mailings, the selling of E-mail lists or promotes other companies or individuals who participate in these activities) will be summarily removed from the system and measures will be taken to permanently ban said user (and their organization if applicable) from ever using any MusicWebTown.com resources again in the future.

Abuse Reporting Procedure

Please forward all incidents or discoveries of abuse (per the guidelines contained in this document) to: cs@MusicWebTown.com

Make sure you include the following details in order to insure our ability to quickly address the situation:

  1. Your name (all information from you will be strictly confidential)
  2. Contact information - preferably phone numbers as well as an E-mail address (in the event we need to contact you directly to obtain additional details)
  3. Your MusicWebTown.com username (this is optional; you are not required to be a member to report abuse)
  4. Description of the abuse
  5. What specific URL or website, message board, newsgroup, post, reference, etc... location that you discovered the abuser's information and/or links or details

Abuse reporting is essential in order to help us maintain a fully functioning and reliable MusicWebTown.com Community environment. Please assist us as much as you can in making sure everyone follows the rules and guidelines posted within this document. We sincerely thank (in advance) anyone who does their part to keep our Community free from abuse.


Terms of Service Document

ACCEPTANCE OF TERMS OF SERVICE

MusicWebTown.com Community is owned and operated by Tulip Systems, Inc. and has licensed the Community system software and platform solution from Tulip Systems, Inc. MusicWebTown.com provides to you (CUSTOMER) the following Terms of Service (TOS). By registering for a user account, and/or using the Community environment and features, CUSTOMER acknowledges acceptance of the terms contained in this document and agrees to abide by all rules and regulations as defined herein. You can review the most current version of the TOS at any time at: http://www.MusicWebTown.com/service_terms.php.
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DESCRIPTION OF SERVICE

Tulip Systems, Inc., d.b.a. MusicWebTown.com, provides a number of on-line features, including web page hosting services (hereafter referred to as the "Service"). In order to use the Service, you must obtain access to the Internet and World Wide Web, either via direct access or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other Internet access mechanism.

The Service is subject to change and modification in appearance, functionality, availability and reliability without notice. Any content entered or contributed to our servers may be subject to deletion or become non-functional/unavailable without notice to the user. MusicWebTown.com makes no representation or guarantee regarding the functionality, reliability, or continuance of service. This product is being offered free to the public for the sole benefit of Tulip Systems, Inc. for the purposes of testing features, scalability, and functionality of the product and service. Usage of the service by the public indicates acceptance of the risks outlined above.
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PRIVACY POLICY

MusicWebTown.com takes corporate and individual privacy rights responsibilities very seriously.

This policy covers the following details that you should be aware of:

  1. What information MusicWebTown.com Community gathers/tracks
  2. What MusicWebTown.com Community does with the gathered/tracked information
  3. With whom MusicWebTown.com Community shares the gathered/tracked information
  4. MusicWebTown.com Community's opt-out policy
  5. MusicWebTown.com Community's policy on correcting and updating personally identifiable information
  6. MusicWebTown.com Community's policy on deleting or deactivating your name from a database

The information we receive depends upon what you do while visiting our site.

Our site automatically captures IP addresses and Cookie ID's (set by MusicWebTown.com Community) when you visit the site while reading or downloading any information. We also collect the information on what pages visitors access, view and request; information on referral logs; and information volunteered by the visitor, such as personal, survey, and/or application data. The information we collect is used to improve the content of our Web pages, customize the content and/or layout of our pages for each individual consumer, improve our services, notify consumers about updates to our Web site and possibly contact them for marketing or informational purposes.

If you send an E-mail to our site, you also may decide to send us personally-identifying information. For example, you might include your name, address and phone number in an electronic mail message containing a complaint. We use personally-identifying information from consumers in various ways to further our consumer protection and competition activities. The information you provide may be seen by various company employees, company representatives, and/or law enforcement agencies. For example, we may enter the information you send into our electronic database to share with our attorneys and investigators involved in law enforcement or public policy development. We may also share it with a wide variety of other government agencies enforcing consumer protection, competition, and other laws. You may be contacted by the FTC or any of these other agencies. In other limited circumstances, including requests from Congress or private individuals, we may be required by law to disclose information you submit.

Also, E-mail is not necessarily secure against interception. If your communication is very sensitive, or includes personal information like your bank account, charge card, or social security number, you might want to send it by postal ("snail") mail instead.

From time to time we will ask site members for their E-mail and/or postal address so we can contact them. If you provide your E-mail and/or postal address to us online, you will receive the information to the provided address. If you do not want to receive postal correspondence and/or E-mail from us again in the future, please let us know by sending E-mail to the address: cs@MusicWebTown.com. We will make sure your name is removed from the list. However, be advised that if we remove your name from our internal contact database, you will not receive emergency or otherwise urgent communications regarding planned outages or maintenance activities, including upgrades, system migrations and major modifications of our source code. We feel it is necessary to have at least one valid contact E-mail address for essential communication only. If you supply us with your telephone number online, you will only receive telephone contact from us regarding applications or information you have willingly submitted online.

Any information submitted to MusicWebTown.com Community will be held as confidential notwithstanding the circumstances discussed above. Information collected by MusicWebTown.com Community will NEVER be sold or disseminated in any way to outside parties other than by court order.

Deleting and Deactivation

If a member wishes to be removed from our community contact database, he or she can contact us to remove them. Please note that some records may still exist in our transaction or accounting logs. For further questions regarding this statement, please direct them via E-mail to: cs@MusicWebTown.com.
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SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
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CONTENT SUBMITTED

MusicWebTown.com Community claims no ownership of the content or data you place on your Web site. By publishing or uploading content on your Web site, you grant  the right to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your site.  This license exists only for as long as you continue to be a MusicWebTown.com Community member and shall be terminated at the time your membership or Web site is terminated.

You acknowledge that MusicWebTown.com does not pre-screen Content, but that MusicWebTown.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, MusicWebTown.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
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INDEMNITY

User's of MusicWebTown products shall agree to hold MusicWebTown.com Community harmless from liability or damages for any and all activities conducted by themselves or other users. MusicWebTown.com Community's products are offered for the usage of the general public, and MusicWebTown.com/Tulip Systems, Inc. shall not be held responsible or liable for their content or conduct. MusicWebTown.com Community members agree to indemnify and hold MusicWebTown.com/Tulip Systems, Inc. and its subsidiaries, affiliates, officers, agents or other partners and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your website content, your use of the features or resources of the MusicWebTown.com Community, your violation of the TOS, or your violation of any rights of another user or third party.
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NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the MusicWebTown.com Community, use of the service, and/or access to the service.
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GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that MusicWebTown.com may establish general practices and limitations concerning the use of the Service. MusicWebTown.com Community reserves the right to restrict or modify individual users or account transfer amount capabilities in accordance with the actions of said user and their compliance with the rules and guidelines set forth within this document.
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MODIFICATIONS TO SERVICE

MusicWebTown.com Community reserves the right to suspend, modify, deny, or otherwise discontinue service to any user at our own discretion, with or without cause or notice. All members understand and acknowledge that any and all published or uploaded content is subject to deletion or loss and MusicWebTown.com Community is not responsible for any real, subsequent, or consequential damages of such discontinuance or deletion.
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TERMINATION

By registering an account with MusicWebTown.com Community, members expressly agree that MusicWebTown.com, by its sole decision, may remove from our systems your website, username, password, access to or use of the Service, and remove and discard at our own discretion, content published within the MusicWebTown.com Community environment for any reason, including, without limitation, for lack of use or if MusicWebTown.com believes that you have violated or acted inconsistently with the letter or spirit of the AUP/TOS documents. MusicWebTown.com Community may also, in its sole discretion, and at any time, discontinue providing services, or any part thereof, with or without advance notice. You agree that any termination of your access to the MusicWebTown.com Community under any provision of the AUP/TOS documents may be effected without prior notice, and acknowledge and agree that MusicWebTown.com may immediately deactivate or delete your Web site and all related information and files in your content area and/or bar any further access to such files or the MusicWebTown.com environment. Further, you agree that MusicWebTown.com Community shall not be liable to you or any third-party for the termination of your access to the MusicWebTown.com Community environment.
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ADVERTISEMENTS AND PROMOTIONS

MusicWebTown.com Community runs banner advertisements and revenue-generating promotions within the MusicWebTown.com Community environment. By registering for an account and creating your MusicWebTown.com Community Web site, you agree that MusicWebTown.com  has the right to display said banner advertisements and revenue-generating promotions. The methodology, mode, distribution, rotation and manner of advertising is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that MusicWebTown.com Community and its parent company, Tulip Systems, Inc., shall not be held responsible or deemed liable for any loss or damages of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers on the MusicWebTown.com Community environment.
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DISCLAIMERS AND WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MusicWebTown.com COMMUNITY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

MusicWebTown.com COMMUNITY MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
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LIMITATION OF LIABILITY

MusicWebTown.com COMMUNITY
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
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NO RESALE OF THE SERVICE

Member agrees not to resell the Service, specifically, the hosting service itself, without the express consent of MusicWebTown.com.
(Note: Setting up websites on MusicWebTown.com for clients to update their web pages and charging for your time is fine.)
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EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
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COPYRIGHTS

MusicWebTown.com respects the intellectual property rights of others and we expect our users to do the same.
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GENERAL INFORMATION

The TOS constitute the entire agreement between you and MusicWebTown.com and govern your use of the Service, superceding any prior agreements between you and MusicWebTown.com (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other MusicWebTown.com services, third-party content or third-party software. The TOS and the relationship between you and MusicWebTown.com shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions. You and MusicWebTown.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Fulton, Georgia. The failure of MusicWebTown.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
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