Last Updated: October 3, 2010
The following agreement outlines the Terms of Service between NoteWay Media, Inc. (herein referred to as NoteWay) and the Customer while using the Maestro Control Panel and 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. All website changes must be done either through the Maestro Control Panel or by NoteWay staff 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 which includes 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. NoteWay reserves the right to delete any website information (text, photos, MP3 samples, etc) used in your FREE trial account once the account has expired by more than 30 days.
When converting from a FREE trial account to a full account, each Customer has the option for pay on a monthly or yearly basis. This option can be changed at any time by contacting NoteWay. All full accounts are set up on a pre-paid basis, which means you pay for the upcoming timeframe of service. We reserve the right to change prices at any time, although all pricing is guaranteed for the upcoming timeframe for which you paid.
If you select the monthly payment option, you will be billed for the upcoming month of service starting on the day you convert your account. For each subsequent month of service, you will be billed automatically on or around the same date each month.
If you select the yearly payment option, you will be billed for the upcoming year of service starting on the day you convert your account. For each subsequent year of service, you will be billed automatically on or around the same date each year. NoteWay will send you a reminder notice each year before your account is due for renewal.
Regardless of whether you select the monthly or yearly payment option, your account will continue to be billed automatically unless you contact NoteWay requesting termination of services. The Customer is responsible for all money owed on the account from the time it was established to the time that the Customer contacts NoteWay requesting termination of services.
Each Customer account is intended to be used with a single website domain name. This can be a .com/.net/.org/ or .biz website (other options may be available but you must first contact NoteWay to verify). 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.
If you have already reserved your own domain name, then your NoteWay account can be setup to use this domain at no additional charge. Please contact NoteWay for help on making this domain name point to your NoteWay website.
If you have not already reserved your own domain name, then NoteWay can reserve one on your behalf at no additional charge. 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 must be used for your NoteWay website account and not any other purposes. The domain name will remain available for your website for as long as you maintain your NoteWay account. If you decide to no longer maintain your NoteWay account, you are welcome to transfer this domain to another service at no additional charge. Please note that NoteWay cannot release or transfer the domain until after you have maintained your full account for at least 60 days.
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.