Acceptable Use Policy / Terms of Service

Podcast Your Sermons by Flashlight Media - Acceptable Use Policy (Terms of Service Follows)

This AUP governs the use of Podcast Your Sermons by Flashlight Media's web hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and Podcast Your Sermons by Flashlight Media regarding the interpretation of this AUP, Podcast Your Sermons by Flashlight Media's interpretation, in its reasonable commercial judgment, shall govern. If you have any questions regarding this AUP, contact Support@PodcastYourSermons.com.

Table of Contents:

Offensive Content, Security, Material Protected by Copyright, Disclaimer, Internet Abuse, Other

Offensive Content

You may not publish or transmit via Podcast Your Sermons by Flashlight Media's service any content that Podcast Your Sermons by Flashlight Media reasonably believes:

  • Constitutes child pornography;
  • Constitutes pornography;
  • Is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
  • Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
  • Is defamatory or violates a person's privacy;
  • Creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
  • Improperly exposes trade secrets or other confidential or proprietary information of another person;
  • Is intended to assist others in defeating technical copyright protections;
  • Clearly infringes on another person's trademark, service mark, copyright, patent, or other property right;
  • Promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
  • Is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Podcast Your Sermons by Flashlight Media; or
  • Is otherwise malicious, fraudulent, or may result in retaliation against Podcast Your Sermons by Flashlight Media by offended viewers.

Security

You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.

Material Protected by Copyright

You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:

  • You have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
  • You are otherwise permitted by established United States copyright law to copy the work in that manner.

Podcast Your Sermons by Flashlight Media will terminate the service of repeat copyright infringers.

Disclaimer

Podcast Your Sermons by Flashlight Media is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers' activities and disclaims any responsibility for any misuse of the Podcast Your Sermons by Flashlight Media network.

Internet Abuse

You may not engage in illegal, abusive, or irresponsible behavior, including:

  • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to Podcast Your Sermons by Flashlight Media and its customers) without express authorization of the owner of the system or network;
  • Monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
  • Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
  • Use of an Internet account or computer without the owner's authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
  • Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
  • Any conduct that is likely to result in retaliation against the Podcast Your Sermons by Flashlight Media's network. - Use of Podcast Your Sermons by Flashlight Media's network in a way that unreasonably interferes with Podcast Your Sermons by Flashlight Media's other customers use of the network.

Other

You must have valid and current information on file with Podcast Your Sermons by Flashlight Media.

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Terms of Service

Table of Contents:

Services, Term, Payments, Law/AUP, Customer Information, Indemnification, Disclaimer of Warranties, Limitation of Damages, Suspension of Services/Termination, Requests for Customer Information, Back Up Copy, Changes to Network, Notices, Force Majeure, Miscellaneous

1. Services.

Subject to the terms of this Agreement, Podcast Your Sermons by Flashlight Media agrees to provide the multimedia hosting services (also commonly known as "podcasting") described in the Order for the fees stated in the Order.

2. Term.

The service term of the Agreement shall begin on the date that Podcast Your Sermons by Flashlight Media generates an e-mail message to Customer announcing the activation of the Customer's account (the "Service Commencement Date"). Customer must provide cancellation notice at least thirty (30) days prior to when they wish to end payment for the Service.

3. Payments.

(a) Fees.

Fees are payable in advance on the first day of each billing cycle. Customer's billing cycle shall be monthly or annually as indicated on the Order, beginning on the Service Commencement Date. Podcast Your Sermons by Flashlight Media may require payment for the first billing cycle before beginning service. If the Order provides for credit/debit card billing, Customer authorizes Podcast Your Sermons by Flashlight Media to bill subsequent fees to the credit/debit card on or after the first day of each successive billing cycle during the Term of this Agreement; otherwise Podcast Your Sermons by Flashlight Media will invoice Customer via electronic mail to the Primary Customer Contact listed on the Order. Invoiced fees may be issued on or before the 1st day of each billing cycle, and the fees shall be due on the 14th day following invoice date, but in no event earlier than the first day of each billing cycle.

Payments must be made in United States dollars. Customer is responsible for providing Podcast Your Sermons by Flashlight Media with changes to billing information (such as credit card expiration, change in billing address) At its option, Podcast Your Sermons by Flashlight Media may accrue charges to be made to a credit/debit card until such charges exceed $10.00. Podcast Your Sermons by Flashlight Media may charge interest on overdue amounts at the lesser of 1.5% per month or the maximum non-usurious rate under applicable law. Podcast Your Sermons by Flashlight Media may suspend the service without notice if payment for the service is overdue. Fees not disputed within sixty (60) days of due date are conclusively deemed accurate. Customer agrees to pay Podcast Your Sermons by Flashlight Media's reasonable reinstatement fee of $35.00 following a suspension of service for non-payment, and to pay Podcast Your Sermons by Flashlight Media's reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.

(b) Fee Increases.

Podcast Your Sermons by Flashlight Media may increase its fees for services by giving notice to Customer of the new fees at least forty five (45) days in advance, and if Customer does not give a notice of cancellation as provided in Section 2 above, the Customer shall be deemed to have accepted the new fee structure.

(c) Taxes.

At Podcast Your Sermons by Flashlight Media's request Customer shall remit to Podcast Your Sermons by Flashlight Media all sales, VAT or similar tax imposed on the provision of the services (but not in the nature of an income tax on Podcast Your Sermons by Flashlight Media), regardless of whether Podcast Your Sermons by Flashlight Media fails to collect the tax at the time the related services are provided.

4. Law/AUP.

Customer agrees to use the service in compliance with applicable law and Podcast Your Sermons by Flashlight Media's Acceptable Use Policy (the "AUP"), which is hereby incorporated by reference in this Agreement. Customer agrees that Podcast Your Sermons by Flashlight Media may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer's use of the Services. Amendments to the AUP are effective on the earlier of Podcast Your Sermons by Flashlight Media's notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with Podcast Your Sermons by Flashlight Media's reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Podcast Your Sermons by Flashlight Media and Customer regarding the interpretation of the AUP, Podcast Your Sermons by Flashlight Media's commercially reasonable interpretation of the AUP shall govern.

5. Customer Information.

Customer represents and warrants to Podcast Your Sermons by Flashlight Media that the information he, she or it has provided and will provide to Podcast Your Sermons by Flashlight Media for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to Podcast Your Sermons by Flashlight Media that he or she is at least 18 years of age. Podcast Your Sermons by Flashlight Media may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contract.

6 Indemnification.

Customer agrees to indemnify and hold harmless Podcast Your Sermons by Flashlight Media, Podcast Your Sermons by Flashlight Media's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.

7. Disclaimer of Warranties.

Podcast Your Sermons by Flashlight Media DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW Podcast Your Sermons by Flashlight Media DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS.

8. Limitation of Damages.

NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF Podcast Your Sermons by Flashlight Media AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.

9. Suspension/Termination.

(a) Suspension of Service.

Customer agrees that Podcast Your Sermons by Flashlight Media may suspend services to Customer without notice and without liability if: (i) Podcast Your Sermons by Flashlight Media reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) Podcast Your Sermons by Flashlight Media reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay Podcast Your Sermons by Flashlight Media's reasonable reinstatement fee of $35.00 if service is reinstituted following a suspension of service under this subsection.

(b) Termination.

The Agreement may be terminated by Customer without further notice and without liability if Podcast Your Sermons by Flashlight Media fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail. The Agreement may be terminated by Podcast Your Sermons by Flashlight Media prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon ten (10) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from Podcast Your Sermons by Flashlight Media describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer's Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

10. Requests for Customer Information.

Customer agrees that Podcast Your Sermons by Flashlight Media may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that Podcast Your Sermons by Flashlight Media believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

11. Back Up Copy.

Customer agrees to maintain a current copy of all content hosted by Podcast Your Sermons by Flashlight Media nothwithstanding any agreement by Podcast Your Sermons by Flashlight Media to provide back up services.

12. Changes to Podcast Your Sermons by Flashlight Media's Network.

Upgrades and other changes in Podcast Your Sermons by Flashlight Media's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content. Podcast Your Sermons by Flashlight Media reserves the right to change its network in its commercially reasonable discretion, and Podcast Your Sermons by Flashlight Media shall not be liable for any resulting harm to Customer.

13. Notices.

Notices to Podcast Your Sermons by Flashlight Media under the Agreement shall be given via electronic mail to the contact page on the website posted for customer support. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.

14. Force Majeure.

Podcast Your Sermons by Flashlight Media shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Podcast Your Sermons by Flashlight Media's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

15. Miscellaneous.

Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party's name or trade mark without the other party's prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer's purchase order or other business forms are not binding on Podcast Your Sermons by Flashlight Media unless they are expressly incorporated into a formal written agreement signed by both parties. A party's failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party's rights with respect to that provision or any other provision of the Agreement. A party's waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Podcast Your Sermons by Flashlight Media may assign the Agreement in whole or in part. Customer agrees to the following maximum uploaded file size (per individual file) and to file format(s) listed: audio (MP3) file: 30MB, video (MOV or MP4) file: 200MB, and document (PDF) file: 5MB.

This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supercedes and replace any prior understanding or communication, written or oral.