Terms & Conditions

Thank you for choosing Skyrocket Radio for your radio station website(s) and mobile applications. Please read these Terms and Conditions (“Terms”) carefully, as they contain important information about your legal rights, remedies, and obligations. By accessing or using our services, including our websites and mobile apps, you agree to comply with and be bound by these Terms, our Privacy Policy, and our Anti-Spam Policy. If you do not agree to these Terms, you may not use our services.

1. Definitions

– “Agreement” refers to these Terms and Conditions.
– “Services” means all products and services provided by Skyrocket Radio, including website design, hosting, mobile applications, support, and any additional services.
– “Subscriber,” “Client,” “You,” or “Your” refers to the individual or entity using our Services.
– “Content” means any information, text, graphics, photos, or other materials uploaded, downloaded, or appearing on the Services.
– “Website” refers to the websites developed, hosted, or serviced by Skyrocket Radio.
– “Mobile App” refers to mobile applications developed, hosted, or serviced by Skyrocket Radio.

2. General Terms of Use

2.1 Acceptance of Terms

By using our Services, you agree to these Terms, our Privacy Policy, and our Anti-Spam Policy. If you do not agree, you must not use our Services.

2.2 Modifications to Terms

We reserve the right to amend these Terms at any time due to regulatory changes or for any commercially reasonable reason. Any amendments will become effective upon notice to you, either by email, posting on our website, or within our mobile apps. Your continued use of our Services after such notice constitutes your acceptance of the amended Terms.

2.3 Compliance with Laws

You agree to comply with all applicable local, state, national, and international laws and regulations when using our Services.

2.4 Relationship of Parties

You and Skyrocket Radio are independent contractors. This Agreement does not create a partnership, joint venture, agency, or employment relationship.

3. Services Provided

3.1 Subscription Services

Skyrocket Radio agrees to provide you with website design, website hosting services, and mobile application services, which may include server space, regular support, and software licensing necessary for the continuous operation of your Website(s) and Mobile App(s).

3.2 Support and Assistance

We offer monthly 30 minutes of online or phone support as part of your subscription. This support includes assistance with the administrative areas of your Website(s) and Mobile App(s), as well as general guidance on best practices. Support time is not cumulative from month to month. Support is provided via email, phone, or online meetings during our standard business hours.

From time to time, we may provide marketing advice, coaching, template design, frequently asked questions, and tips on best practices. These additional sessions may or may not count against the support time on a case-by-case basis.

3.2.1 Additional Support

Additional Training: If you require support beyond the included monthly minutes, additional training and assistance are available at $75/hour with a minimum of one hour.
Customization Services: Any customization or development services outside the scope of the standard Services will be billed at our regular hourly rate of $125/hour.

3.2.2 Limitations

Content Responsibility: All website and mobile app content is your responsibility. Skyrocket Radio does not provide content beyond the initial setup process.
Third-Party Interference: We are not responsible for issues arising from unauthorized third-party code, plugins, templates, or code modifications.

3.3 Modifications to Services

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time. We will notify you of significant changes, and your continued use of the Services constitutes acceptance of such changes.

3.4 Third-Party Services and Content

Our Services may include third-party software, services, or content. We are not responsible for third-party content or services and do not guarantee their availability or accuracy.

4. Fees, Payments & Usage

4.1 Subscription Fees

Websites:

$145 per domain for one to three websites.  The monthly fee decreases to $125/month starting with the fourth website domain.  We offer non-profit pricing to 501(c)(3) radio stations of $125/month with documentation.

Mobile Apps:

We offer three tiers of mobile apps to suit your needs.

Minimal Tier: $35/month.
Essentials Tier: $75/month.
Newsworthy Tier: $125/month.

4.2 Setup Fees

Websites:

Initial Setup Fee: $500 per website is required for all new website projects.  This includes content transfer from a previous website and limited creation of new content established within the “prelaunch” guidelines.
Brand-Specific Pages: A $250 setup fee is required for each brand-specific page on a single website. This fee covers entering on-air schedules and other applicable content.

Mobile Apps:

Initial Setup Fee: $300 for all mobile app tiers.

Additional Stations (Setup Fees):

Minimal and Essentials Tiers: An additional $35 setup fee for each additional station is required.
Newsworthy Tier: An additional $50 setup fee for each additional station is required.

Restoration Fee

Websites: A setup fee of $400 will be required to restore any previously canceled or terminated Skyrocket Radio Website.
Mobile Apps: A setup fee of $75 will be required to restore any mobile app that an app store has removed for any reason (i.e. failing to maintain proper account status).

Domain and Template Changes:

A fee of $125 per hour, not to exceed $375 total, will be assessed for domain name changes or template switching (e.g., changing from one template to another).

4.3 Additional Services

Training and Support: Depending on your subscription package, you may receive a set number of minutes for admin area training each month at no additional cost. Training time is not cumulative from month to month.
Additional Training: Available at $75/hour with a minimum of one hour.
Other Services: Any additional services not mentioned in this Agreement will be performed at our regular hourly rate of $125/hour.

4.4 Payment Terms

Advance Payment: All fees must be paid in advance of any Services being provided.
Payment Responsibility: You are responsible for all charges arising from the use of your account by you or anyone else using your account.
Fee Modifications: We reserve the right to modify any fees with prior notice given either by email or through our website.

4.5 Taxes

All fees are exclusive of taxes. You are responsible for paying all applicable taxes related to your use of the Services.

5. Recurring Payments

5.1 Auto-Pay Enrollment

All Subscribers must enroll in our recurring payment program (“auto-pay”). By enrolling, you authorize Skyrocket Radio to initiate recurring monthly charges from your specified credit or debit card.

5.2 Payment Responsibility

You are responsible for maintaining accurate payment information and ensuring sufficient funds are available. You agree to update your credit/debit card information as necessary.

5.3 Late Payments and Fees

– Late Fee: A $35 late fee will be assessed per domain if any unpaid balance is more than seven days late.
– Service Deactivation: If any unpaid balance is more than fifteen days late, your Website(s) and Mobile App(s) may be deactivated, and a $100 restoration fee per domain will be added to your unpaid balance.
– Account Termination: Any unpaid balance more than 30 days late may result in account termination and removal of your Website(s) and Mobile App(s) without a backup of the Content.

5.4 Billing Errors

You must notify us of any billing errors within 30 days of the date on the invoice. Failure to do so will be deemed acceptance of the charges.

6. Agreement Term & Termination

6.1 Term

The initial subscription term commences on the date of execution and continues for 30 days (“Initial Term”). After the Initial Term, the Agreement automatically extends on a monthly basis until terminated.

6.2 Termination by Subscriber

You may terminate this Agreement for any reason by providing a 30-day written notice prior to the service termination date. No refunds will be issued for amounts already billed.

6.3 Termination by Skyrocket Radio

We may terminate this Agreement:

– For Convenience: At any time, for any reason, by providing written or email notice at least 60 days prior to the service termination date.
– For Cause: Immediately and without notice if you breach any material term of this Agreement.

6.4 Effect of Termination

Upon termination:
– Outstanding Fees: You must pay any outstanding fees immediately.
– Data Retrieval: Except in cases of termination for non-payment or breach, we will provide an archive of your Content. No part of the Website template, Mobile App code, or plugin coding will be included.
– Survival: Provisions relating to intellectual property, indemnification, limitation of liability, and any other provisions that by their nature should survive termination will remain in effect.

7. Account and Password Security

You are solely responsible for maintaining the confidentiality and security of your account login and password information, as well as the security of all passwords associated with your Website(s) and Mobile App(s) developed or hosted through our Services. Non-secure passwords can lead to unauthorized access, data breaches, and other security incidents.

7.1 Account Security

– Confidentiality: You must keep your account login and password information confidential. This includes the usernames and passwords of any additional users you authorize.
– Authorized Access: Ensure that any person to whom you grant access to your account or services is at least 18 years of age and agrees to abide by these Terms.
– Immediate Notification: You agree to notify Skyrocket Radio immediately of any unauthorized use of your account or any other breach of security.
– Liability: You are solely liable for any activity that occurs under your account via the primary login information or any additional user login information.

7.2 Website and Mobile App Security

– Password Strength: You are responsible for implementing and maintaining strong, secure passwords for all administrative and user accounts associated with your Website(s) and Mobile App(s). Passwords should meet industry-standard complexity requirements.
– Regular Updates: You should regularly update passwords and monitor access to your Website(s) and Mobile App(s) to prevent unauthorized access.
– User Management: Ensure that all users with access to your Website(s) and Mobile App(s) adhere to best security practices, including using secure passwords and safeguarding their login credentials.
– Third-Party Access: Be cautious when granting access to third-party developers or service providers. Ensure they follow strict security protocols to protect your data and systems.

7.3 Consequences of Inadequate Security

– Security Breaches: Non-secure passwords and poor security practices can lead to intrusions, unauthorized access, data loss, and other security incidents that may disrupt your services and compromise sensitive information.
– Indemnification: You agree to indemnify and hold harmless Skyrocket Radio from any claims, damages, or expenses arising out of or related to breaches of security due to your failure to maintain adequate password security for your account, Website(s), or Mobile App(s).
– Service Suspension: We reserve the right to suspend or terminate your access to the Services if we detect compromised credentials or suspect that your account security has been breached.

7.4 Our Rights and Responsibilities

– Monitoring: While we do not monitor the content of your Website(s) or Mobile App(s), we may monitor network traffic and access patterns to identify and prevent unauthorized access or security threats.
– Security Notifications: If we become aware of a security breach or potential vulnerability affecting your Website(s) or Mobile App(s), we will notify you promptly and may require you to update your passwords or take other security measures.
– Assistance: We may provide guidance or tools to help you enhance the security of your Website(s) and Mobile App(s), but we are not responsible for implementing security measures on your behalf unless otherwise agreed in writing.

7.5 Your Responsibilities

– Compliance with Laws: You agree to comply with all applicable laws and regulations related to data protection, content copyright, privacy, and cybersecurity.
– Incident Response: In the event of a security incident affecting your Website(s) or Mobile App(s), you are responsible for responding appropriately, including notifying affected users and authorities as required by law.
– Security Best Practices: You are encouraged to implement additional security measures such as two-factor authentication, encryption, and regular security audits to further protect your account and services.

8. Acceptable Use Policy

8.1 Prohibited Activities

You agree not to:
– Unauthorized Access: Attempt to access or interfere with our network, servers, or any accounts without authorization.
– Malicious Code: Transmit viruses, malware, or any other harmful code.
– Automated Access: Use bots, spiders, or other automated means to access our Services without permission.
– Content Violations: Upload or distribute illegal content that is infringing, defamatory, obscene, or otherwise objectionable.
– Copyright Violations: Upload or distribute images or other content that third parties own without their permission.
– Third-Party Software: Install unauthorized third-party plugins, templates, or software on our servers or within our Mobile Apps.
– Resale of Services: Resell or redistribute our Services without prior written consent.
– Violation of Laws: Use our Services in any manner that violates applicable local, state, national, or international laws.

8.2 Consequences of Violations

Violations may result in:
– Content Removal: Immediate removal of offending content.
– Service Suspension: Suspension or termination of your account without notice.
– Legal Action: Possible civil or criminal liability.
– Repair Charges: Charges for repair or removal at a rate of $125 per hour with a one-hour minimum.

9. Intellectual Property Rights

9.1 Ownership by Skyrocket Radio

All rights, titles, and interests in and to the Services, including but not limited to software, code, templates, designs, and trademarks, are owned by Skyrocket Radio or its licensors. Except as expressly provided, no rights are granted to you.

9.2 Your Content

– Ownership: You retain ownership of all intellectual property rights in Your Content.
– License to Us: By uploading Your Content, you grant us a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, adapt, and display such content as necessary to provide the Services.
– Warranty: You represent and warrant that you have all necessary rights to upload and use Your Content and that it does not infringe any third-party rights.

9.3 Feedback

Skyrocket Radio may use any feedback, suggestions, or recommendations you provide regarding our Services without obligation or compensation to you.

10. Confidentiality

10.1 Definition of Confidential Information

“Confidential Information” means any non-public information disclosed by either party that is designated as confidential or that reasonably should be understood to be confidential.

10.2 Obligations

Both parties agree to:
– Use Limitation: Use Confidential Information only for the purpose of fulfilling obligations under this Agreement.
– Non-Disclosure: Not disclose Confidential Information to any third party without prior written consent.
– Protection: Protect Confidential Information with the same degree of care as used for their own confidential information.

10.3 Exceptions

Confidential Information does not include information that:
– Is publicly available without breach of this Agreement.
– Was known prior to disclosure.
– Was independently developed without use of Confidential Information.
– Is required to be disclosed by law or court order.

11. Limitation of Liability

11.1 No Indirect Damages

Under no circumstances will Skyrocket Radio be liable for any indirect, incidental, consequential, special, or exemplary damages arising out of or related to this Agreement or your use of the Services.

11.2 Limitation of Liability

Our total liability to you for all claims arising under this Agreement will not exceed the amounts paid by you to Skyrocket Radio in the six (6) months preceding the event giving rise to the liability.

11.3 Allocation of Risk

The parties acknowledge that the fees reflect the allocation of risk and that this limitation is an essential element of the bargain between the parties.

12. Indemnification

You agree to defend, indemnify, and hold harmless Skyrocket Radio, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or relating to:
– Your Use of Services: Your use or misuse of the Services.
– Breach of Agreement: Your violation of any terms of this Agreement.
– Content: Any content you submit, post, transmit, or otherwise make available through the Services.
– Violation of Laws: Your violation of any applicable laws or regulations.

13. Dispute Resolution and Arbitration

13.1 Governing Law

This Agreement is governed by the laws of the State of Mississippi, without regard to its conflict of law principles.

13.2 Good Faith Negotiations

In the event of any dispute arising under this Agreement, the parties agree to resolve the dispute through good faith negotiations.

14. Force Majeure

Neither party will be liable for any failure or delay in performance due to circumstances beyond their reasonable control, including but not limited to acts of God, war, terrorism, government actions, natural disasters, or Internet service provider failures.

15. Notices

15.1 Method of Notice

All notices under this Agreement must be in writing and will be deemed given when delivered personally, sent by registered or certified mail (return receipt requested), or sent by email with confirmation of receipt.

15.2 Notices to You

We may provide notices to you at the email address or physical address you have provided. You are responsible for keeping your contact information up to date.

15.3 Notices to Us

Notices to Skyrocket Radio should be sent to:
Skyrocket Radio
10 Canebrake Blvd
Suite 110-111
Flowood, MS 39232
Email: [email protected]

16. Assignment

You may not assign or transfer your rights or obligations under this Agreement without our prior written consent. We may assign this Agreement without restriction.

17. No Waiver

Failure or delay by either party to enforce any provision of this Agreement will not constitute a waiver of future enforcement of that or any other provision.

18. Severability

If any provision of this Agreement is found to be invalid or unenforceable, the provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.

19. Entire Agreement

This Agreement, along with our Privacy Policy and Anti-Spam Policy, constitutes the entire agreement between you and Skyrocket Radio regarding the Services and supersedes all prior agreements and understandings.

20. Electronic Communications

You consent to receive communications from us electronically. We may communicate with you by email or by posting notices on our website. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement for written communication.

21. Data Protection and Privacy

21.1 Compliance

We collect, use, store, and protect your data in accordance with our Privacy Policy and applicable laws, including GDPR and CCPA where applicable.

21.2 Data Processing

By using our Services, you consent to the collection and processing of your personal data as described in our Privacy Policy.

22. International Use

Our Services are controlled and operated from the United States. We make no representations that the Services are appropriate or available for use in other locations. If you access the Services from outside the United States, you are responsible for compliance with local laws.

23. Export Compliance

You agree to comply with all applicable export and import laws and regulations. You shall not export or re-export any part of the Services without all required United States and foreign government licenses.

24. Survival

Provisions of this Agreement relating to intellectual property, confidentiality, indemnification, limitation of liability, and any other provisions that by their nature should survive termination will remain in effect.

25. Marketing and Publicity

Unless you notify us otherwise in writing, you grant us the right to use your name, logo, and a brief description of your business on our website and marketing materials as part of our client list.

26. Backup and Data Loss

While we perform regular backups, we do not guarantee that any Content will be backed up or recoverable. You are encouraged to maintain your own backups of your Content.

27. Governing Language

This Agreement is executed in English. Any translations are provided for convenience only, and the English version shall prevail.

By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.
For any questions or concerns regarding these Terms, please contact us at [email protected].