Last Updated: August 23, 2007
The following agreement outlines the Terms of Service between NoteWay Media, Inc. (herein referred to as NoteWay) and the Customer while using the Maestro website service.
This service is provided for the use of independent musicians, artists, and related companies or organizations (recording studios, management firms, etc). Other types of Customers may still use the service if they first contact NoteWay to discuss their website needs.
Each Customer will be supplied with a unique username and password to access their website account. Customers are free to make any changes to their respective websites at any time using the Maestro Control Panel. Presently, all website changes must be done through the Maestro Control Panel rather than through third party software such as Dreamweaver, FrontPage, etc.
It is the responsibility of our Customers to ensure that the content they post to their websites is appropriate and acceptable. NoteWay takes no responsibility for materials posted by Customers on any of our Customer websites.
The following items are considered to be inappropriate uses of the system and are not allowed:
NoteWay reserves the right to suspend a Customer website if it is found to be used inappropriately. In these cases, NoteWay will first issue a warning to the Customer explaining the problem. If the Customer does not respond in a reasonable timeframe, NoteWay will suspend the Customer website.
If a breach in our terms of service results in damages or costs to NoteWay or any of its clients, the Customer responsible for the damages will be billed accordingly.
If you sign up for a FREE trial account, you will have access to the NoteWay system for 30 days free of charge. This 30 period begins on the day that you receive your username and password to access your FREE trial account.
You may decide to continue your NoteWay service and convert your FREE trial account to a full paid website account with additional features. This can be done at any time during your 30 day trial period from within the NoteWay Control Panel. Please allow up to 24 hours for your account to be converted to a full account. All of your existing website information (text, photos, MP3 samples, etc) will continue to be available.
If you decide not to convert your FREE trial account to a full account once your 30 day trial has expired, you will no longer be able to login to the system. Any existing website information (text, photos, MP3 samples, etc) used in your FREE trial account will be deleted after 30 additional days.
All full accounts are set up on a pre-paid basis, which means you pay for the upcoming month of service. We reserve the right to change prices at any time, although all pricing is guaranteed for the upcoming month in which you paid. The Customer is responsible for all money owed on the account from the time it was established to the time that the Customer notifies us via email to request termination of services.
Your NoteWay account comes with one free .com/.net/.org/ or .biz domain name of your choice if you don't already have one. This domain name is yours to keep in the future, but will not be released to you until after you have maintained your NoteWay account for at least 60 days. This free domain name must be used for your NoteWay website account and not any other purposes.
Each Customer account is intended to be used with a single website domain name. This can be a .com/.net/.org/ or .biz website. If a Customer wishes to create and manage multiple websites, separate NoteWay accounts must be purchased for each of these websites. The Customer will be billed separately for each of these NoteWay accounts.
You will be billed for the first month of service on the same day that you sign up. For each subsequent month of service, you will be billed on or around the same date each month.
To cancel your account, you must contact us by sending an email to support@noteway.com. To ensure that you are not billed for another month of service, you must cancel your account at least 5 days before your next billing date. All billing correspondence (invoices, notifications, etc.) is done via email. Therefore, it is crucial that you maintain a current email address with us.
NoteWay reserves the right to suspend and/or terminate services to a Customer for just cause. Examples of just cause include, but are not limited to, failure to pay outstanding balances, or failure to follow the Acceptable Use terms described above. In these situations, NoteWay will notify the Customer and give a reasonable timeframe in which the problem must be resolved before services are suspended and/or terminated.
All information collected from Customers, including name, email address, and mailing address will remain confidential and will be used only for internal purposes. NoteWay will not give, sell, rent, loan, or trade your email address or other personal information to any other third parties.
Customer agrees to defend, indemnify, save and hold NoteWay harmless from any and all demands, liabilities, losses, costs and claims, including attorney's fees asserted against us, our agents, our Customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold us harmless against liabilities arising out of;
Disclaimer: NoteWay will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaim any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by our web hosting service and our employees.
NoteWay reserves the right to update these Terms of Service at any time without prior warning. The most current version of these Terms can be viewed by visiting www.noteway.com/terms.html. Your continued use of our service indicates your acceptance of these terms and conditions.