Terms and Conditions Terms of Service These are the Terms of Service ("TOS") of the AllMusicSearch.com Free Web Pages Service ("Service"), owned and operated by AllMusicSearch.com Inc.. All Free Web Pages clients ("Members") of AllMusicSearch.com Inc. ("AllMusicSearch.com") agree to abide by these policies. AllMusicSearch.com Inc. reserves the right to change and update these policies as it sees necessary. By registering for an account and utilizing the Service, Members agree to be bound by the Terms of Service and the Acceptable Use Policy ("AUP"). ------------------------------------------------------------- Access to the Service, granted to Members is subject to the following terms and conditions: 1. AllMusicSearch.com' Liability AllMusicSearch.com Inc. makes no warranties of any kind, expressed or implied, for the Service it is providing. AllMusicSearch.com also disclaims any warranty of merchantability or fitness for a particular purpose. AllMusicSearch.com will not be responsible for any damages the Members may suffer. This includes loss of data resulting from delays, nondeliveries, misdeliveries or service interruptions caused by the negligence of the Members or of AllMusicSearch.com, errors or omissions, or due to inadvertent release or disclosure of information sent by the Members. AllMusicSearch.com assumes no responsibility for any losses resulting from Members use of this service. 2. Content and Acceptable Use a. AllMusicSearch.com exercises no control over, and cannot be held liable for, the content of the information passed through its Service. AllMusicSearch.com' services may only be used for lawful purposes. Unauthorized transmission or storage of any information, data or materials in violation of any law or regulation of the United States, any state thereof or the Members' business location is expressly prohibited. This includes, but is not limited to, material which is copyrighted or protected by trade secret. Members agree to indemnify and hold harmless AllMusicSearch.com from any claims (including AllMusicSearch.com' attorney fees) resulting from the Members' use of service which damages the Members, or any other party or parties. Members also agree to follow the Acceptable Use Policies (AUP) of AllMusicSearch.com, as now in existence and as they may be amended from time to time. Members agree, when accessing another network through AllMusicSearch.com' Service, to abide by the rules of that network as well. b. This service may be used for hosting personal Web pages. AllMusicSearch.com Inc. is not responsible for the content of any Web page hosted by AllMusicSearch.com Free Web Pages. The opinions and views expressed in the AllMusicSearch.com Free Web pages do not necessarily reflect those of AllMusicSearch.com Inc.. The contents of the Web pages hosted on AllMusicSearch.com are not reviewed in any way before they appear on AllMusicSearch.com. As the author of Web pages hosted on AllMusicSearch.com, you take full responsibility for its contents. Members are prohibited from using the free web space provided by AllMusicSearch.com to provide material that is grossly offensive to the Web community, including, but not limited to, blatant expressions of bigotry, racism, hatred, profanity, gambling, pyramid schemes or Multi-Level Marketing programs, adult material including pornography and nudity, material that is libelous, harassing, or threatening, or for promoting or providing instructional information about illegal activities or promoting physical harm or injury against any group or individual. Members must also agree to comply with all copyright and trademark laws. 3. We have zero tolerance for spammers. Any member found using SPAM, or unsolicited commercial e-mail (UCE) to promote their AllMusicSearch.com Free Web Pages will immediately have their account cancelled and risk the deletion of their free web site. AllMusicSearch.com Inc., the owner of the AllMusicSearch.com Free Web Pages Service, considers spamming, or the sending of unsolicited bulk commercial email , to be a theft of service, and we do not tolerate the use of our service for this purpose. If we receive complaints that a AllMusicSearch.com Free Web Pages has been used, or mentioned in a SPAM message, we will investigate all complaints and take legal action against the member who has spammed. Members agree to indemnify and hold harmless Tulips and Bears from any claims (including AllMusicSearch.com' attorney fees) in the event of an account cancellation. 4. Other Agreements and Assignment Rights These terms and conditions supersede all previous representations, understandings or agreements, and shall prevail notwithstanding any variance with terms and conditions of any order submitted. AllMusicSearch.com also reserves the right to use subcontractors of its choice or to assign the active account to another entity. 5. Service Maintenance a. Except as otherwise agreed, AllMusicSearch.com shall exercise reasonable efforts to achieve restoration of service, in the case of an outage, as quickly as is feasible, provided the Members expressly acknowledge that AllMusicSearch.com is not, in the case of any outage of any length, liable for any restitution to the Members. If AllMusicSearch.com investigates an outage at the Members' request and determines the outage to be the responsibility of the Members, the Members may be billed for the AllMusicSearch.com employee(s)' time at AllMusicSearch.com' then-current rate. b. AllMusicSearch.com will monitor the Service on a 24-hour-per-day, 7-day-per-week basis. The services provided to the Members by the Service or any other AllMusicSearch.com employee are subject to change at AllMusicSearch.comıs discretion and without prior notice. c. Members explicitly agree that AllMusicSearch.com may, without prior Members approval, use any subcontractor that AllMusicSearch.com chooses for installation, maintenance or other services under obligation to AllMusicSearch.com under this agreement. Use of any subcontractor does not relieve AllMusicSearch.com of any of its obligations as set forth in this Agreement. 6. Member Obligations and Services Offered a. AllMusicSearch.com allows you to use 2 MB of free Web space thanks to the sponsorship of our advertisers. Each page that you create is required to carry our advertising HTML, which will load in an advertising banner at the top of each web page. Any member who attempts to prevent the appearance of this advertising will have their account deleted without notice. b. AllMusicSearch.com reserves the right to send service emails notifying Members of operational or other changes that may affect or significantly change the current services offered. Please note that Members cannot opt out of such service emails because these service emails provide critical information necessary for the operation of Members' Free Web Pages Accounts. 7. No Liability for Acts or Omissions Beyond AllMusicSearch.com' Control AllMusicSearch.com shall not be liable for any outage or downtime resulting from any failure of performance or equipment due to causes beyond its control, including but not limited to: acts of God, fire, flood or other catastrophes; acts or omissions of third parties; any law, order, regulation, direction, action, or request of the United States Government, or of any other government, including state and local governments having or claiming jurisdiction over AllMusicSearch.com, or of any department, agency commission, bureau, corporation or other instrumentality of any one or more of these federal, state, or local governments, or any civil or military authority; national emergencies; insurrections; riots; wars; unavailability of rights-of-way or materials; or strikes, lock-outs, work stoppages, or other labor difficulties. 8.AllMusicSearch.com Inc. reserves the right to remove or delete any pages that Members add to their sites, and cancel Members membership if Member violates either the Terms of Service (TOS) agreement or Acceptable Use Policy (AUP). AllMusicSearch.com will not be responsible or liable for any damages the Members may suffer as a result of deletion of their Free Web Pages or files. ACCEPTABLE USE POLICY These are the Acceptable Use Policies (AUP) of AllMusicSearch.com Inc.. All members of the Service agree to abide by these policies. AllMusicSearch.com reserves the right to change and update these policies as it sees necessary. ---------------------------------------------------- Introduction Many of the individual networks or portions of the Internet have specific guidelines for use. The actions of one AllMusicSearch.com customer can have a severe impact on other customers' ability to use the system(s). This is unfair to all AllMusicSearch.com users. To this end, AllMusicSearch.com has developed these Acceptable Use Policies. They are intended to inform Members of what AllMusicSearch.com considers to be acceptable conduct in relation to the Internet, and to inform Members what actions AllMusicSearch.com may take, with or without notice, in the event that AllMusicSearch.com becomes aware of inappropriate use of the Service.. It is expected that all Members will follow the policies set forth herein. These policies are drawn from applicable law and generally accepted standards of Internet conduct, and are intended to ensure protection of AllMusicSearch.com' technical resources, ability to continue to provide high quality service to its customers, and the protection of Tulips and Bears' reputation as an Application Services Provider ("ASP"). -------------------------------------------------------------------------------- ACCESS TO AllMusicSearch.com ALLMUSICSEARCH.COM FREE WEB PAGES IS PROVIDED SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: 1. Warranties/Disclaimers The Service is provided on an "as is, as available" basis. No warranties, express or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, are made with respect to the Service or any information or software therein. You release AllMusicSearch.com from and AllMusicSearch.com shall have no liability or responsibility for any direct, indirect, incidental or consequential damages suffered by you in connection with your use of or inability to use the Service including, but not limited to, damages from loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions, or due to inadvertent release or disclosure of information sent by you even if the same is caused by AllMusicSearch.com' own negligence. Without limiting the generality of the foregoing, AllMusicSearch.com disclaims to the full extent permitted by applicable law any responsibility for (and under no circumstances shall be liable for) any conduct, content, goods and services available on or through the Internet or the AllMusicSearch.com Free Web Pages Service. Use of any information obtained via the Service is at the user's own risk. AllMusicSearch.com specifically disclaims any responsibility for the accuracy or quality of information obtained through its services. 2. Security Members are responsible for all use of the Members' account(s) and confidentiality of password(s), including choosing safe passwords . AllMusicSearch.com will suspend access or change access to Customer's account(s) immediately upon notification by Customer that Customer's password has been lost, stolen or otherwise compromised. 3.. Non-Transferability of Account The right to use AllMusicSearch.com' ASP services is not transferable. Use of Members' accounts is expressly limited to the individual or business whose name appears on the account and dependents of the account holder living at the same address. 4. Network Address Ownership ("URL") Any URLs issued by the Service are the property of AllMusicSearch.com and are considered to be loaned to its customers. In the event service with AllMusicSearch.com is discontinued for any reason, such addresses will revert to AllMusicSearch.com. 5. Compliance with all Laws Members agree to use the Service in a manner consistent with any and all applicable laws and regulations of the United States of America, the State of New York, the State of California, and the Members' locality. Reproduction or transmission of any material in violation of any local, state, U.S., or international law or regulation is prohibited. Members agree that any material to be reproduced or transmitted on the Service through Members' account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene, libelous or threatening. Software intended to facilitate any such violations or infringements may not be used by the Members. Members shall defend, indemnify and hold harmless AllMusicSearch.com from and against any claims, liabilities and expenses, including attorney fees, resulting from any Members' use of the AllMusicSearch.com service or a Members' account in an unlawful manner or otherwise in violation of or contrary to the Members' Agreement with Tulips and Bears or the Service's Acceptable Use Policies. Members agree that AllMusicSearch.com is not responsible for any content of any page it might redirect to or for any information entered by a user in its database. At AllMusicSearch.com' discretion, AllMusicSearch.com may revoke any Members' access to AllMusicSearch.com ASP services or accounts for inappropriate usage. 6. Unacceptable Conduct The following types of conduct are grounds for immediate suspension of a Member's AllMusicSearch.com Free Web Pages Account and will result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic. (a) Posting a single article or substantially similar articles to an excessive number of newsgroups or continued posting of articles which are off-topic according to the newsgroup charter, or which provoke complaints from the regular readers of the newsgroup for being inappropriate). (b) Sending unsolicited mass E-Mailings which provoke complaints from the recipients. (c) Engaging in either (a) or (b) from a provider other than AllMusicSearch.com in order to draw attention to a AllMusicSearch.com Free Web Pages or a web site housed within Tulips and Bears' networks. (d) Continued harassment of other individuals on the Internet after being asked to stop by those individuals and/or by AllMusicSearch.com. (e) Mail bombing, i.e., sending large volumes of unsolicited E-Mail to individuals or to individual business accounts. (f) Impersonating another user or otherwise falsifying one's user name in E-Mail, Usenet postings, on Internet Relay Chat (IRC), or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous remailer services.) (g) Privacy violations: Attempts, whether successful or not, to gain access to any other system or users' private data without express consent of the user. (h) Network-unfriendly activity: Attempts to interfere with the regular workings of Tulips and Bears' systems or network connections or which adversely affect the ability of other people or systems to use AllMusicSearch.com services or the Internet, including, but not limited to: any unauthorized attempts by a user to gain access to any account not belonging to that user on this Service or any other AllMusicSearch.com system; any use of this or any other AllMusicSearch.com service as a staging ground to disable other systems. (i) Any activity which violates the laws or statutes of the United States, the State of New York, or the State of California. 7. Excess Utilization of System or Network Resources The Service may in some cases impose limits on the bandwidth used by Members. If excessive bandwidth utilization is determined by AllMusicSearch.com to adversely affect Tulips and Bears' ability to provide service for all Members, immediate action may be taken to alleviate the problem. In such event, the Customer will be notified by E-mail as soon as practicable. 8. Compliance with Rules of Other Networks Any access to other networks connected to AllMusicSearch.com' ASP services must comply with the rules for that other network as well as with AllMusicSearch.com' rules. 9. Monitoring/Privacy AllMusicSearch.com reserves the right to monitor any and all communications through or with AllMusicSearch.com facilities. Members agree that the Service is not considered a secure communications medium for the purposes of the Electronic Communications Privacy Act, and that no expectation of privacy is afforded. It may become necessary for AllMusicSearch.com employees to examine system accounting logs and other records to determine if privacy violations or other network unfriendly activities have occurred. 10. Cooperation with Authorities AllMusicSearch.com reserves the right to cooperate with law enforcement and other authorities in investigating claims of illegal activity including, but not limited to, illegal transfer or availability of copyrighted material, postings or e-mail containing threats of violence or other illegal activity. 11. Confidentiality of Personal Subscriber Information AllMusicSearch.com will not release a Members' personal subscriber information to any third party except upon presentation of a valid court order of a government or entity within our jurisdiction. Members agree that AllMusicSearch.com' judgment as to the validity of any court order of subpoena shall be considered proper and final. 12. AllMusicSearch.com' Right to Suspend or Cancel Account AllMusicSearch.com reserves the right to suspend or cancel service to Members at any time and without notice, for any reason, including, but not limited to the sole judgment of Tulips and Bears that Members may be performing activities harmful to AllMusicSearch.com or its customers, employees, vendors, business relationships or any other users of the Internet. 13. Right to Damages AllMusicSearch.com reserves the right to collect damages (software, hardware and man hours) if any harm is done to AllMusicSearch.com' systems or services which requires repair or reconfiguration of any kind. 14. Other Remedies/Non-Waiver Nothing contained in these policies shall be construed to limit action AllMusicSearch.com may take or remedies available to AllMusicSearch.com in any way with respect to any of the described conduct. AllMusicSearch.com reserves the right to take any additional actions AllMusicSearch.com may consider appropriate with respect to such conduct, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the Service. In addition, AllMusicSearch.com reserves at all times all rights and remedies available to AllMusicSearch.com with respect to such conduct at law or in equity. Non-enforcement of any policy or rule herein does not constitute consent or waiver, and AllMusicSearch.com reserves the right to enforce such policy or rule at its sole discretion. 15. AllMusicSearch.com' Right to Change Service AllMusicSearch.com reserves to right to change without notice the Service, including, but not limited to, access procedures, URL assignment, domain names, hours of operation, menu structures, commands, documentation, vendors and services offered. AllMusicSearch.com shall not be liable to Members or any third party, should AllMusicSearch.com exercise its right to change or discontinue the Service. 16. AllMusicSearch.com' Right to Modify its Acceptable Use Policies AllMusicSearch.com may modify its Acceptable Use Policies upon notice published online via the Service. Members' use of the Service after such notice shall constitute Members' acceptance of the modifications to these policies. 17. Laws This agreement shall be governed by the laws of the State of New York. Members and AllMusicSearch.com agree to submit to the exclusive jurisdiction of the courts of the State of New York. If any provision(s) of this agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed to reflect the intentions of the parties with the other provisions remaining in full force and effect. AllMusicSearch.com failure to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such right or provision. Members and AllMusicSearch.com agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. ------------------------------------------------------------ Please note that we reserve the right to remove any pages that you add to your site, and cancel your membership if these Terms of Service (TOS) and Acceptable Use Policy (AUP) are not followed. If you agree to these guidelines, please click below to register your new web site.