Terms of Service
By using the KultureShock.Net websites (“Service”), a service of Kulture Shock Media, Inc. (“KSM”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
KSM reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and features, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://kultureshock.net/terms
Violation of any of the terms below will result in the termination of your Account. While KSM prohibits such conduct and Content on the Service, you understand and agree that KSM cannot be responsible for the Content posted on the Service. You agree to use the Service at your own risk.
- You must be 16 years or older to use this Service.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- You are responsible for maintaining the security of your account and password. KSM cannot be held liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your Account (even when Content is posted by others who have access to your Control Center).
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Payment and Refunds
- A valid credit card is required for paying accounts.
- The Service fee — determined by the Plan selected during sign-up — is billed in advance on a monthly basis and is non-refundable.
- Failed monthly payments due to invalid, declined or expired credit cards will be retried after three days up to three times. If the final payment retry fails, your Account and Website will be suspended until a valid credit card is provided.
- Fees for optional services requested by Client will be due and payable in advance or upon completion of work and are non-refundable. You give KSM permission to bill optional service fees to the credit card on account.
- There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open Account.
- All fees are exclusive of surcharges, taxes, levies or duties imposed by credit card companies or taxing authorities, and you shall be responsible for payment of all such surcharges, taxes, levies or duties.
- Credit card chargebacks will result in immediate suspension of Account and Website. A fee of $95 will be required to reinstate an Account closed due to a chargeback.
Cancellation and Termination
- You are solely responsible for properly canceling your Account. An email or phone request to cancel your Account is not considered cancellation. You can cancel your Account at any time by clicking on the Account tab in the Control Center, then by clicking on the Cancel Account button at least 2 business days prior to the end of your billing term.
- Once you cancel your Account, your Website will continue to function until the end of your current billing term. Afterwards your Website and Content will be permanently deleted from the Service.
- KSM, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Service, or any other KSM service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account and Website or your access to your Account. KSM reserves the right to refuse service to anyone for any reason at any time.
- All new accounts are assigned a unique starter domain, i.e., http://999.kultureshock.biz
- Each paying Account can choose to have one domain "mapped" to their Website. You are responsible for registering and purchasing the domain, as well as paying annual renewal fees. You may have additional domains mapped to your Website for a one-time setup fee of $24.95 per domain.
- Domains registered and provided by KSM will be renewed each year automatically. Domains will not be renewed if Account is past due, suspended or cancelled.
- If a domain was registered and is being maintained by KSM on your behalf, you will be billed $29.95 to renew the domain for one year or $55.95 to renew the domain for two years.
- If you cancel your Account and wish to obtain a domain registered and provided by KSM, a $39.95 Domain Transfer Fee will be charged to unlock the domain record and send a transfer code. You are responsible for completing transfer of the domain to a new registrar.
Modifications to the Service and Prices
- KSM reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice. Such notice may be provided at any time by posting the changes to the Service Control Center.
- KSM shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- All content posted on the Service must comply with U.S. or Canadian copyright law. Please see our copyright compliance policy.
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain your property.
- KSM does not pre-screen Content, but KSM and its designee have the right (but no obligation) in their sole discretion to refuse or remove any Content that is available via the Service.
- The look and feel of the Service is copyright Kulture Shock Media, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from KSM.
Indemnification and Warranties
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- KSM does not warrant that (1) the service will meet your specific requirements, (2) the service will be uninterrupted, timely, secure, or error-free, (3) the results that may be obtained from the use of the service will be accurate or reliable, (4) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (5) any errors in the Service will be corrected.
- You expressly understand and agree that KSM shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if KSM has been advised of the possibility of such damages), resulting from: (1) the use or the inability to use the service; (2) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (3) unauthorized access to or alteration of your transmissions or data; (4) statements or conduct of any third party on the service; (5) or any other matter relating to the service.
- Technical support is only provided to paying account holders and is only available via the Control Center.
- You understand that KSM uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, KSM, or any other KSM service.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by KSM.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any KSM customer, employee, member, or officer will result in immediate Account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email or “spam” messages.
- You must not transmit any worms, viruses, code of a destructive nature or code that may compromise the security or privacy of the Service or any Client's Content.
- If your bandwidth usage exceeds 200 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by KSM) of other Clients, we reserve the right to immediately disable your Account, throttle your bandwidth consumption, or charge $1 per gigabyte of bandwidth over the limit each month.
- The failure of KSM to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and KSM and govern your use of the Service, superceding any prior agreements between you and KSM (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to support at kultureshock dot net.
Last modified: April 30, 2013