Terms & Conditions
Last Updated: June 1, 2018
Thank you for using Skyrocket Radio for your Radio Station Website. Skyrocket Radio currently only accepts clients based in North America. Radio stations outside North America can submit a request for a custom website design via our sister company, Mediagin Creative.
We may amend the Terms at any time as the result of a regulatory change or for any commercially reasonable reason. Our future performance of our obligations under the Terms is sufficient consideration for any amendment. Any amendment will become effective upon notice to the User, either by email or by posting it on the Website. If you do not agree to any amendments you must cease your use of our website services and terminate your account. Any terms provided to you in any other form are null and void.
2. Subscription Service
Skyrocket Radio agrees to provide the subscriber with website design and website hosting services, consisting of website server space and such additional services, as may be provided by the subscriber in order for continuous operation of the website. Skyrocket Radio reserves the right to change or modify the features of the subscriber’s service plan from time to time to increase trustworthiness. The subscriber’s continued use of Skyrocket Radio’s services after receipt of such a notice of modification shall constitute the subscriber’s acceptance of and agreement to be bound by Skyrocket Radio’s modification of the terms and conditions of this Agreement.
3. Usage, Fees & Payments
Skyrocket Radio, LLC provides web hosting and related services to product subscribers for a monthly fee during the agreement term.
Subscribers are solely responsible for all charges, fees, taxes arising out of any use of your Account by you or anyone else using your Account. Skyrocket Radio reserves the right to modify any fees, provided notice is given either by email or through this website. Fees will be paid in advance of any services being provided.
(a) All Fees are listed and charged in United States Dollars.
(b) Preferably, Skyrocket Radio currently accepts the following payment methods for all transactions via the Website and web interface.
- Visa, MasterCard, and American Express credit cards
(c) All applicable taxes and fees are included in the monthly service fee.
(d) The monthly subscriber fee is due within seven days of receiving the invoice. All invoices will be marked “late” seven days past the invoice date. All invoices that are late by thirty days will result in suspension of the website services until all open invoices have been paid. Each suspension lift will result in a $50 service fee added to the following month invoice. All invoices that are late by forty five days will constitute a breach of this agreement and will result in site removal and account termination.
(e) Skyrocket Radio agrees to provide equal shared server hosting services to all subscriber the subscribers. If at any point during the agreement term, the subscriber requires additional bandwidth or storage, Skyrocket Radio will negotiate in good faith to amend this Agreement with an additional fee to cover the subscriber’s expanding requirements.
(f) Depending on the subscription package, each month during the agreement term a set number of minutes of admin area training will be provided at no additional cost to the subscriber. Training time is not cumulative from month to month. Additional training shall be available at the rate of $75/hour with a minimum of (1) hour.
(g) All website content is the responsibility of the client station. Skyrocket Radio does not provide website content beyond the initial setup process. Any requested content beyond the setup process will be charged at a minimum of $75/hour.
(h) We currently offer free setup of each new account to include content transfer from previous website and limited creation of new content established within the “prelaunch” guidelines. Our free setup fee offer does not apply to previously cancelled or terminated accounts. A setup fee of $750 will be assessed to restore any cancelled or terminated site from backup and to make appropriate changes.
4. Agreement Term & Termination
(a) Term of Agreement: The initial subscription term of this Agreement shall commence on the date of execution of this Agreement and shall continue for 30 days from which this Agreement was executed (the “Initial Term”). After the initial term, this Agreement shall be automatically extended on a monthly basis until terminated by one of the parties as provided in this agreement.
(b) Subscriber Termination: The subscriber may terminate this Agreement for any reason, by contacting Skyrocket Radio, within 30 days prior to the service termination date. In the event of a cancellation, Skyrocket Radio will not refund amounts already billed for the current service period or any amounts paid in advance by the subscriber.
(c) Skyrocket Radio Termination: Skyrocket Radio may terminate this Agreement at any time, for any reason, by providing written or e-mail notice of termination to the subscriber’s primary website e-mail contact address no less than 60 days prior to the service termination date.
(d) Subscriber Data at Termination: If either Party terminates this Agreement for any other reason than non-payment, Skyrocket Radio will back up all the subscriber’s current Website content, databases, and e-mail messages as an archive file, and send them to the subscriber either as an attachment to an e-mail or via other file transfer process, or mail them to the subscriber in the form of a CD-ROM. No part of the website theme or plugins will not be a part of this backup.
(e) Skyrocket Radio provides free setup with each website. Any subscription that is cancelled and later re-instated will require a $750 setup fee.
5. Account and Password Access Information
Subscribers are solely responsible to keep Account login and password information confidential, this includes the usernames and passwords of any Additional Users. Subscribers shall be solely liable for any activity that occurs under your Account via the primary login information or via any Additional User login information.
In the case of a dispute of Account ownership, the person with access to the primary email address on the Account will be considered the account holder. All disputes should be resolved externally.
In all cases the subscriber agrees to notify Skyrocket Radio immediately of any unauthorized use of your Account or any other breach of security.
6. Violations Of Network Security
Subscribers are prohibited from violating or attempting to violate the security of the network. Violations of system or network security may result in civil or criminal liability in addition to immediate termination of the subscriber’s agreement. Skyrocket Radio will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting subscribers who are involved in such violations. These violations include, without limitation:
(a) Accessing data not intended for the subscriber or logging into a server or account that the subscriber is not authorized to access.
(b) Attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures without proper authorization.
(c) Attempting to interfere with service to any subscriber, Skyrocket Radio or network, including, without limitation, via means of overloading, “flooding,” “mail bombing,” or “crashing”.
(d) Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
(e) Taking any action in order to obtain services to which the subscriber is not entitled.
7. Unauthorized Use Violations
(a) Third-party plugins and software are not allowed in Skyrocket Radio servers without permission. This includes adding to or modifying any third-party coding, website plugins or components that are not included with the website on the date of launch. The unauthorized addition or modification of the website programming could result in errors, site downtime, or open the website to cyber-attack. Third-party plugins can be requested by sending an e-mail to [email protected]
(b) You may not access or use Skyrocket Radio Services in a way that uses technology or other means to access, index, re-render, frame, mirror, truncate, add to, inject, filter or link to the Website or the Products that is not authorized by Skyrocket Radio (including by removing, disabling, bypassing, or circumventing any content protection or access control mechanisms intended to prevent the unauthorized use, download, linking, framing, reproduction, access to, or distribution of the Website or the Products).
(c) You may not use any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology which do the same things, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of the Skyrocket Radio Services for any unauthorized purpose.
(d) You may not use the Skyrocket Radio Services in a way that, to be determined in Our sole discretion, damages, disables, overburdens, impairs, or gains unauthorized access to the Skyrocket Radio Services, including Skyrocket Radio’s servers, computer network, or User Accounts.
(e) You may not use the Skyrocket Radio Services in a way that removes, modifies, disables, blocks, obscures or otherwise impairs any advertising in connection with the Website or the Products.
(f) You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work, or otherwise use any content of the Skyrocket Radio Services for public or commercial purposes without Our express written permission.
(g) You shall not interfere with or disrupt the Website or any related Skyrocket Radio websites or servers or networks connected to the Skyrocket Radio Services.
(h) You shall not restrict or inhibit any other subscribers from enjoying and using the Skyrocket Radio Services.
(i) You shall not defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including but not limited to subscribers, and generally agree not to use the Skyrocket Radio Services for illegal purposes.
(j) You shall not display filthy/defamatory language or nude/defamatory images on Skyrocket Radio websites whether this be hosted on Skyrocket Radio servers or displayed within embedded social media channels (ie. Facebook, Twitter).
(k) You shall not transmit files that contain viruses, corrupted files, or any other similar software, programs or malicious code that may damage or adversely affect the Skyrocket Radio Services, Our software, hardware, telecommunications equipment, or the operation of another person’s computer.
(l) You shall not use the Skyrocket Radio Services in violation of the Applicable Laws or third party rights (including third party terms of service), and shall not use the Skyrocket Radio Services for hosting content (for example, images and documents) that infringes on the intellectual property rights of any person or entity, including but not limited to Subscribers.
(m) You shall not set up multiple Accounts for any individual or organization in order to send substantially similar content unless you are part of a franchise, as determined by Skyrocket Radio in its sole discretion.
(n) You may only use our templates, plugins, code, any images we provide, or any other features or functionality of Skyrocket Radio websites within the Skyrocket Radio hosting environment. For example, you may not take an image that we provided during the setup process and use it freely on a different website.
(o) Any client banner ad image created by Skyrocket Radio during the setup process remains copyrighted property of Skyrocket Radio. The client within the ad may purchase the image to use on other websites for a cost of $30 per ad.
(p) You shall not use documents and images hosted by Skyrocket Radio on servers controlled by Skyrocket Radio for any purpose whatsoever other than in connection with the Products. If you own the document or image, you can use it outside of the Products so long as it is not hosted by Skyrocket Radio. For example, you may not upload a document or image and “hot link” to it elsewhere.
(q) Third-party WordPress plugins are not authorized on Skyrocket Radio websites. The subscriber agrees that Skyrocket Radio removal and/or repair of unauthorized third-party coding or plugins constitutes a request for customization services and will be billed at a rate of $125 per hour with one hour minimum.
8. Violations of the Digital Millennium Copyright Act
The Digital Millennium Copyright Act – often called ‘the DMCA’ – is a law which helps copyright holders have their stolen content removed fast. The DMCA Act provides web hosts, search engines and other internet services “safe harbor” from copyright infringement claims. In return, these companies are required to act quickly to remove infringing material when properly notified.
Skyrocket Radio reserves the right to remove or prohibit the use of any DCMA violation from subscriber website without notice. Repeat violations may result in termination of this agreement and the subscription service.
9. Warranty Against Unlawful Use
The subscriber warrants and represents that the subscriber shall use Skyrocket Radio services only for lawful purposes and in accordance with all valid federal, state, and local laws and regulations governing use of e-mail and the Internet, whether or not specifically prohibited elsewhere in this Agreement. Failure to abide by the terms of this paragraph shall be grounds for immediate termination of the subscriber’s account for cause.
10. Liability; No Warranty; Limitation Of Damages
(a) The subscriber expressly agrees that use of Services provided by Skyrocket Radio is at the subscriber’s sole risk.
(b) Skyrocket Radio guarantees 99 percent uptime for its website, website components and Web servers. If uptime for the subscriber’s web server falls below 99 percent during any given month (or specify other payment period), Skyrocket Radio will credit the subscriber as follows: 10% discount for server uptime that falls below 99%. 25% discount if server uptime falls below 90%. 40% discount if server uptime falls below 80%. Any such credit shall be applied to future invoices. This credit shall be the subscriber’s sole and exclusive compensation for any downtime or other unavailability of Skyrocket Radio’s services under this Agreement. Skyrocket Radio shall have no liability of any kind for any damages or loss arising as a consequence of such downtime or unavailability.
(c) Skyrocket Radio, its agents, affiliates, licencors or the like, do not represent or warrant, expressly or implicitly, that their services will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of their services or as to the accuracy, reliability, or content of any information service or merchandise contained in or provided through their services, unless otherwise expressly stated in this Agreement.
(d) Skyrocket Radio, its officers, agents, or anyone else involved in providing services shall not be liable for any direct, indirect, incidental, special, or consequential damages that result from the use or inability to use services; or for any damages that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction, or unauthorized access to Skyrocket Radio’s records, programs, or services.
(e) Skyrocket Radio will exercise no control over the content of the information passing through Skyrocket Radio’s network except those controls expressly provided herein.
(f) Skyrocket Radio makes no warranties or representations of any kind, express or implied, for the services it is providing. Skyrocket Radio also disclaims any warranty of merchant ability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the subscriber, including loss of data resulting from delays or non-deliveries.
11. Patents, Copyrights, Trademarks, And Other Intellectual And Proprietary Rights
We do not claim ownership of content that subscribers submit or make available for inclusion on their Website (“Your Content”). Skyrocket Radio accepts no responsibility for any content (any information, including audio, video, text, email, or any material) that subscribers upload, post, email, transmit or otherwise make available via the Website or any portion of the Skyrocket Radio Services. Subscribers are wholly responsible for any content associated or transmitted with their Account, including but not limited to Your Content. We reserve the right to remove any and all content, including Your Content, that may violate these Terms, the Agreements, and the Applicable Laws, including but not limited to applicable copyright laws. We respect the intellectual property of others, and We ask our subscribers to do the same.
(a) Except for rights expressly granted herein, this Agreement does not transfer any intellectual or other property or proprietary right to the subscriber. The subscriber agrees that all right, title, and interest in any product or service provided to the subscriber belongs to Skyrocket Radio and/or it’s agents. These products and services are only for the subscriber’s use in connection with Services provided to the subscriber as outlined in this Agreement.
(b) The subscriber expressly warrants that it has the right to use any patented, copyrighted, or trademarked material which the subscriber uses, posts, or otherwise transfers to Skyrocket Radio servers.
(c) The subscriber acknowledges and understands that any outside programming used to develop the website is owned by Skyrocket Radio and/or such third parties and cannot be transferred to the subscriber and is hereby specifically not transferred to the subscriber and shall remain the property of Skyrocket Radio and/or such third parties. Outside content which is owned and/or purchased by Skyrocket Radio may be used in the design and/or development of other web sites separate from the subscriber. The subscriber and Skyrocket Radio also agree that the design and development of the website may include source code, documentation, and/or application programs that were previously written or developed by Skyrocket Radio and modified to meet specific requirements (the “Code Content”). Skyrocket Radio shall own all worldwide right, title, and interest in and to the Code Content. Skyrocket Radio and its subcontractors retain the right to display graphics and other web design elements of the The subscriber’s website as examples of their work in their respective portfolios.
12. Support and Assistance
Subscribers acknowledge that such assistance and information is provided as a convenience and that such assistance and information are not intended to and do not constitute legal advice and that no attorney-client relationship is formed. We do not warrant or guarantee that use of or compliance with this information will be sufficient to comply with your obligations hereunder, Applicable Laws or with third party rights.
13. Hardware, Equipment, And Software
The subscriber is responsible for and must provide all computers, software, hardware, and other services necessary to access Skyrocket Radio servers. Skyrocket Radio makes no representations, warranties, or assurances that the subscriber’s equipment or software will be compatible with Skyrocket Radio Services.
The subscriber expressly represents and warrants that any person to whom the subscriber grants access to the subscriber’s Skyrocket Radio account or hosted website is at least 18 years of age.
Both parties agree to defend, indemnify, and hold other party harmless from any and all demands, liabilities, losses, costs, and claims, including reasonable attorneys’ fees, asserted against other party, its agents, servants, officers, and employees, that may arise or result from any Content or Service provided or performed or agreed to be performed or any product sold by either party, their agents, employees, or assigns. Both parties further agree to defend, indemnify, and hold harmless other party against liabilities arising out of:
(a) Any liability arising by virtue of any use of Skyrocket Radio’s services by the subscriber for any unlawful purpose, or in violation of any valid federal, state, or local law or regulation governing use of e-mail or the Internet;
(b) Any injury to person or property caused by any products sold or otherwise distributed in connection with Services provided by Skyrocket Radio;
(c) Any material supplied by both parties infringing or allegedly infringing on the property or proprietary rights of a third party;
(d) Copyright or trademark infringement by both parties, or violation by both parties of intellectual property rights of any other party; and
(e) Any defective product sold or distributed by means of Services.
Both parties agree that the liability limit of the other party shall in no event be greater than the aggregate dollar amount which the subscriber paid during the terms of this Agreement, including any reasonable attorneys’ fees and court costs.
16. Force Majeure
Neither party will be liable for, or will be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond such Party’s reasonable control and that such Party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, the affected Party will give prompt written notice to the other Party and will use commercially reasonable efforts to minimize the impact of the event.
17. Attorneys’ Fees
If any legal action is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. This provision shall be construed as applicable to the entire Agreement.
The subscriber agrees to keep Skyrocket Radio informed of all current contact information for the subscriber’s account. Changes in the subscriber’s account information may be reported to Skyrocket Radio by e-mail at [email protected] Failure to maintain or keep current all contact information shall be a ground for Skyrocket Radio to terminate the subscriber’s account for cause.
Skyrocket Radio agrees to keep the subscriber informed of any/all account and policy changes. Changes in policy information may be reported to the subscriber via written letter or by e-mailing the primary account holder on file. Failure to keep the subscriber informed of account/policy changes shall be a ground for the subscriber to terminate this agreement for cause.
19. Governing Law
This Agreement has been entered into in the State of Mississippi, and its validity, construction, interpretation and legal effect shall be governed by the laws of that state applicable to contracts entered into and performed entirely within that state.
In case any one or more of the provisions of this Agreement be held for any reason to be invalid, illegal, or unenforceable in any respect, that invalidity, illegality, or unenforceability shall not affect any other provisions of this Agreement, and this Agreement shall be construed as if the invalid provision(s) had never been contained in this Agreement, provided that those provision(s) shall be curtailed, limited, or eliminated only to the extent necessary to remove the invalidity, illegality, or unenforceability.
21. Entire Agreement
This terms and conditions shall constitute the entire agreement between the subscriber and Skyrocket Radio, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding.