In these Conditions:
the standard agreement set out in this document.
/ Content means
information in electronic format supplied by Classicrockringtones
to the end-user (via Internet and / or Mobile).
relevant links, exchanges and installation required for the
Service within your website, and / or your media.
of Data means
information delivered in electronic text format to be distributed
by Classicrockringtones in a single message (SMS / MMS).
the Software / Service; Distributing data on behalf of Classicrockringtones
When used in this agreement, the following definitions apply:
a. Chargeback: A charge to the customer that is reversed by
the credit card issuer.
b. Client: An entry or individual contracting with in order
to utilise our services.
c. Customer: Anyone trying to access a Client's services
issued through our software / services.
d. Customer Charges: Amounts to be charged to the customer.
Site Admin Management System: Those services provided by
our sevices under the terms of this agreement to facilitate
f. ID: A unique code assigned to a customer through our system
that permits access to your restricted account.
g. New Client: A client of including you and/or your company,
if neither you nor your company has ever been a client.
h. Payment Form: The payment mechanism,
i.e. sms billing, credit card, on-line check, 900 number, PayPal,
Direct Debit etc.
i. Penalty: Any fine, fee, assessment or other charge levied
against us by the card associations, Merchant Bank, any state
or federal Regulatory Agency, or system that is in addition
to the normal fees charged by those entities.
j. Refund: Any payment from you
that is reversed by us or you.
k. Website: The website(s) owned by you that utilise our payment
system and site access management tools.
l. Your: The Client and owner and/or creator of the website
m. Us / We / Our : The service provider: Classic Rock Ringtones.
services covered by this agreement include all mobile services
and site admin management tools. In addition, we provide some services
such as client affiliate program and transaction reporting and
reserve the right to stop allowing you to use these added services
if in our judgment they are contributing to violations of our Acceptable
Use Policies or high volumes of chargebacks, returned items,
refunds, or customer complaints. We also reserve the right to begin
charging for these additional services at any time, and we also
reserve the right to offer new services that are not covered by
this agreement, and to charge you extra if you choose to use them.
In order to provide the highest level of service to all clients,
data provided by customers for access will be combined with data
from all our client customers. The combined database will be
used for risk analysis of your and all other clients' transactions.
Ownership of the combined database remains with us. Credit card
information from our database will not be provided to you or
any other party during this agreement or upon termination of
However, we reserve the right to transfer the database in the
event of a change in our ownership. You are responsible for maintaining
a record of all user id information for your own use as well
as for backup in the event of a system failure that requires
unauthorized attempt to gain access to our database or systems
by you, or anyone directly or indirectly associated or related
to you, however remotely, will constitute a material breach of
this agreement. In the event of any such attempt to gain access,
we may immediately terminate this agreement, and you will immediately
return to us all copies of any information obtained by this access.
shall charge, and Client agrees to pay, the fees for the services
provided. We shall have the right to change the fees stated herein. If
using our credit card, PayPal, Direct Deposit, sms or other
facilites and are you found in breach of contract then we will
pass on any fees resulting from fines or closure.
agree by clicking to accept these Terms & Conditions
at the end of this document. We
may include the customer in its database of blocked accounts
if there is an indication of fraud or inappropriate use of
the customer's information by the customer or anyone else.
retain the right to cancel this agreement without notice,
if you violate the terms of this agreement, or our Acceptable
Use Policies (AUP). Our AUP is available on this website.
We will change our AUP from time to time and it is your responsibility
to check it often to make sure you are in compliance. In cases
of minor violations, we will give you an opportunity to become
compliant, but we can cancel this agreement or take any other
action we feel is appropriate if you do not comply.
Serious violations by you or any of your referrers or upon notification
by any of the card associations or regulatory agencies to discontinue
accepting transactions will result in canceling this agreement
immediately. Upon cancellation/termination of your account, we will hold
all funds due to you for a minimum of six months as reserve for
possible refunds, returned checks and chargebacks.
7. Your Obligations
agree to use our services but you will not use our services for
the sale of property or items that are downloaded by you
You also agree to abide by the Terms and Conditions of this agreement
will follow all laws and legal regulations that relate to our business
regardless of where those laws and regulations originate, and will
comply with any laws and regulations that may apply in the future.
Limitations of Liability
WE WILL UTILIZE ITS BEST EFFORTS TO MAINTAIN
ACCEPTABLE PERFORMANCE OF THE SERVICE, BUT WE MAKE ABSOLUTELY
NO WARRANTIES WHATSOEVER, EXPRESSED OR IMPLIED, INCLUDING WARRANTY
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. We cannot
guarantee continuous service, service at any particular time,
or integrity of data stored or transmitted via its system or
via the Internet. We will not be liable for the inadvertent disclosure
of, or corruption or erasure of, data transmitted, received,
or stored on its system. We will not be liable to you for any
claims or damages which may be suffered by you,
including, but not limited to, losses or damages of any and every
nature, resulting from the loss of data, unauthorized access
to your mobile cellphone as a result of hackers or password trading,
inability to access Internet, or inability to transmit or receive
information, caused by, or resulting from, delays, non-delivery,
or service interruptions whether or not caused by our fault or
may discontinue any service, or may require fulfillment of
conditions we may choose to impose as a prerequisite for continuing
any service. However, we
may discontinue service immediately for fraud committed by any
visitor to our site.
liability to you and any end user of the service or any other
of its services is limited to the amount paid to and received
by us for service not accepted. In no event will we be liable
to you, or any end user or any other entity for any special,
consequential, or other damages, however caused, whether for
breach of contract, negligence or otherwise, even if we have
been advised of the possibility of such damage.
Confidentiality and International Copyright
required by law, you will treat our intellectual property as
confidential and proprietary, and not disclose them to anyone
without our prior written consent.
You may not use our trademarks and advertising without our permission,
and then only in ways agreed to by you and our company. Any
attempt to display, sell, or transfer materials or any media content
that violate or infringe any copyright, trademark, right of publicity,
patent, statutory, common law or proprietary rights of others,
or contain anything obscene, libelous or threatening.
All music, video, still images and other content is copyrighted
by us or parties we are associated wiuth in one way or another
and any attempt to violate our International Copyrights will
cause a legal reaction upon anyone person who are involved in
any way at all. The music, video, still images and all
other content, regardless of what form it is in, MUST NOT BE
RESOLD or publicly broadcast or distributed by any means whatsoever.
All rights to all content as previously mentioned, remain with
Classic Rock Ringtones and it's associated companies. It MUST
NOT be given to any person or other legal entity, even as an
act of charity or for profit. These resale and distrubution rights
remain with Classic
Rock Ringtones and it's associated companies.
any provision of this Agreement is held to be invalid by a court
of competent jurisdiction, then the remaining provisions will
nevertheless remain in full force and effect.You agree to renegotiate
in good faith any term held invalid and to be bound by any mutually
agreed to substitute provision.
will attempt to resolve all disputes arising out of this Agreement
in a spirit of cooperation without formal proceedings. Any dispute
which cannot be so resolved (other than the collection of money
due on unpaid invoices and other than injunctive relief) will
be subject to arbitration upon written demand of either party.
Except for disputes resulting from unpaid invoices, the parties
agree to arbitrate this matter prior to any state, federal, or
international court action. Should
any legal action permissible under this Agreement be instituted
to enforce the terms and conditions of this Agreement, in particular
the right to collect money due on unpaid invoices, the prevailing
party will be entitled to recover reasonable attorneys' fees
and expenses incurred at both the trial and appellate levels.Parties
may modify the dispute clause only through a stipulation signed
by both parties.
a single article or substantially similar articles to an excessive
number of newsgroups (i.e., more than 20) or continued posting
of articles which are off-topic according to the newsgroup charter,
or which provoke complaints from the regular readers of the newsgroup
for being inappropriate).B. Sending unsolicited mass E-mailings
(i.e., to more than 25 users) that provoke complaints from the
Engaging in abuse or harassment of other individuals on the
Internet after being asked to stop by those individuals and/or
Mail bombing, i.e., sending large volumes of unsolicited
E-mail to individuals or to individual business accounts.
Impersonating another user or otherwise falsifying one's
user name in E-mail, Usenet postings, on Internet Relay Chat
(IRC), or with any other Internet service. (This does not preclude
the use of nicknames in IRC or the use of anonymous retailer
Network Unfriendly or Illegal Activity
Attempts, whether successful or not, to gain
access to any other system or users' private data without express
consent of the user.
Attempts to interfere with the regular workings of systems
or network connections or which adversely affect the ability
of other people or systems to use these services or the Internet.
Any unauthorized attempts by a user to gain access to any
account not belonging to that user on this or any other of these
Any activity, which violates any local, state, U.S., or international
law or regulation.
Repeated submissions of transactions to our services utilizing
the same or similar IPs with varying identification information.
users then not amking sufficeint efforts to inform customers
about the billing model.Reproduction
or transmission of any material in violation of any local,
state, U.S., or international law or regulation is prohibited.
We makes every attempt in such cases to work with both U.S.
and foreign law enforcement agencies to provide information
about the providers and purchasers of such material. This includes
the posting or display of any image or wording instructing
users how to make or perform devices or situations that may violate
any state, federal, or international law. MasterCard
specifically prohibits the use of MasterCardüfs registered marks
including the word ügMasterCardüh and/or their logo on any site
without their written permission.
may cancel any accounts at any time.
must use the Service in a manner that complies with all applicable,
international, national and local laws, and III acknowledges
that they are solely responsible for any Content that is uploaded,
downloaded, transmitted or otherwise processed using the Service.
Clasicrockringtones agrees not to:
upload, download or transmit via the Service any data, text,
video, audio, software, or other Content that is offensive, inflammatory,
harassing, threatening, tortuous, invasive of another's privacy,
abusive, hateful, defamatory, or is otherwise objectionable.
upload, download, store or transmit via the Service any Content
that infringes any patent, trademark, copyright, rights of publicity,
or other intellectual property right.
upload, download, store or transmit via the Service any Content
that would constitute or encourage a criminal offence, violate
the rights of any party, or that would otherwise give rise to
criminal or civil liability.
upload, download, store or transmit via the Service any unsolicited
promotional Content, advertising materials, "spam," chain-letters,
or other such solicitation.
use the Service to publicly broadcast, transmit, or display
Content for "pay-per-download" or other commercial
use the Service to transmit Content which includes a virus,
worm, Trojan-horse, sniffer, or other code designed to acquire
information about other users or disrupt the functionality or
availability of any computer program, database, the Service or
any Internet host.
disrupt or interfere with the security of, or otherwise abuse,
the Service, or any services, system resources, accounts, servers
or networks connected to or accessible through the Service or
affiliated or linked services.
Right to Cancel
will suspend a client's account for unacceptable conduct or
suspicion of fraud any remaining balance in their account will
be brefunded to them less a US$50 administration charge. In
addition, we reserve the right, where feasible, to implement
technical mechanisms, which will instigate the occurrences listed
above. Furthermore, we are under no obligation to notify client
of its actions.
Cooperation with Authorities
We reserve the right to cooperate with law enforcement and other
authorities in investigating claims of illegal activity including,
but not limited to, illegal transfer or availability of copyrighted
material, trademarks, child pornography, postings or E-mail
containing threats of violence or other illegal activity.
Confidentiality of Personal Subscriber Information
We will not release any client or customer personal subscriber
information, nor client or customer billing information, to
any third party except upon presentation of a valid court order,
or request to which end user is legally required to respond
Right to Modify These Acceptable Use Policies
We may modify these Acceptable Use Policies on its website in
any way, at any time. It is your responsibility to review this
information on the website on a regular basis to ensure compliance
with the latest version.. Your use of these services
after such changes have been posted shall constitute your acceptance
of the modifications to these policies.