This is an agreement ("Agreement") between you, (referenced herein as 'you' or 'Member') and Blackstone Multimedia Corporation ("Blackstone"). This Agreement governs your use of any Web site or Web page operated by Blackstone (collectively, the "hostanote'). By registering to be a Member of hostanote, and to use any hostanote Service, you are agreeing to the following Terms of Service. You represent that you are at least 13 years of age and any information that you submit is correct.
BLACKSTONE OFFERS THE HOSTANOTE SERVICES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE HOSTANOTE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY. THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
Blackstone reserves the right to change the terms, conditions, and notices under which it offers the hostanote services, including any charges associated with the use of the hostanote services. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on the hostanote.com web site. Your continued use of the hostanote services after the effective date of such changes constitutes your acceptance of and agreement to such changes.
Blackstone entitles users access to a variety of on-line resources, including personal web page hosting services and interactive on-line services (the "hostanote Services"). Some of the hostanote Services are supported by sponsored advertising, enabling Blackstone to provide them to you at no cost. When you use these free services, you agree to allow Blackstone to display advertising, including third party advertising, through the hostanote Services, as part of your web page. Hosted web pages are typically deleted by Blackstone after 60 days of inactivity.
Blackstone reserves the right to modify the hostanote Services from time to time, for any reason, and without notice, including the right to terminate the hostanote Services or to change the nature, style, or form of advertisements displayed through the hostanote Services. Unless explicitly stated otherwise, any new hostanote Services, including changes, updates and new versions of the hostanote Services, shall be subject to these Terms of Service.
By using the hostanote Services, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms of Service as they may be amended from time to time, together with any other posted guidelines or rules applicable to any specific Product or Service.
Certain of the hostanote Services will require the user to register and provide certain data. In consideration of use of the hostanote Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Blackstone has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Blackstone has the right to suspend or terminate your account and refuse any and all current or future use of the hostanote Services (or any portion thereof).
In cases where you have authorized a minor to use the hostanote Services, you recognize that you are fully responsible for: (i) the online conduct of such minor; (ii) controlling the minor's access to and use of the hostanote Services; and (iii) the consequences of any misuse by the minor.
Upon registering, you will create a password and username (username is your email address). You are responsible for maintaining the confidentiality of the password, and are fully responsible for all activities that occur under your password and username. You agree to (a) immediately notify Blackstone of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Blackstone cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.
You acknowledge and agree that all information, code, data, text, software, music, sound, photographs, pictures, graphics, video, chat, messages, files, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Blackstone, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the hostanote Services. Blackstone does not control user or third party Content posted via the hostanote Services, and, as such, does not guarantee the accuracy, integrity or quality of such user or third party Content.
Blackstone does, as a general practice, pre-screen user or third party Content posted on the hostanote Services. Under no circumstances will Blackstone be liable in any way for any user or third party Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed or otherwise transmitted via the hostanote Services.
Blackstone disclaims all warranties or representations, express or implied, oral or written, including, without limitation, warranties of merchantability, fitness for a particular purpose, title or non-infringement. Blackstone does not warrant that its services are error-free or that they will operate without interruption nor does Blackstone make any warranty with respect to the quality, reliability, timeliness or security of the hostanote Services (including the existence or non-existence of any viruses or other destructive elements within the hostanote Services). Blackstone makes no guarantee as to the availability of hostanote Services and is not responsible for any loss of information resulting from deletion of hostanote Services, network or system outages, file corruption, or any other reasons.
The hostanote Services may only be used for the intended purpose for which such hostanote Services are being made available. You may not use the hostanote Services to:
Upload, post, email, otherwise transmit, or post links to any Content that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of any party, or contributing to inducing or facilitating such infringement. This prohibition shall include, without limitation, the following forms of software piracy:
The hostanote Services and Blackstone code provided for use by Members are, and remain, copyrighted material/property of Blackstone.
You may not modify, copy, change or decompile any portion of the hostanote Services and Blackstone code, including but not limited to advertising script, service copy/paste codes or any other Blackstone code, in any manner, for any reason whatsoever.
In addition to any other provisions contained in these terms of service, the following limitations and conditions shall apply to your use of our News Service or third party web services and any portion, element, file, article or other data from the News or web Service (collectively referred to as the "News Service"). Should Blackstone enter into agreements with one or more third party News Service providers ("News Provider(s)") to provide a News Service. Your use of the News Service must comply with the requirements of the News Providers as detailed below:
You are prohibited from undertaking any of the following actions:
Use of the hostanote Services is subject to compliance with these Terms of Service. You acknowledge and agree that Blackstone may terminate your account and your access to any of the hostanote Services, and may remove and discard any Content, without prior notice, should you fail to comply with the Terms of Service or any other guidelines and rules published by Blackstone. Any such termination shall be in Blackstone's sole discretion and may occur without any notice. Blackstone further reserves the right to terminate any user's account or access to the hostanote Services for any conduct that Blackstone, in its sole discretion, believes is or may be directly or indirectly harmful to other users, to Blackstone or its subsidiaries, affiliates, or business contractors, or to other third parties, or for any conduct that violates any local, state, federal, or foreign laws or regulations. Blackstone further reserves the right to terminate any user's account if there is no evident activity for a period of 90 days. Blackstone further reserves the right to terminate any user's account and access to the hostanote Services, and to remove and discard any Content, for any reason or for no reason at all, in Blackstone's sole discretion, without prior notice, or any notice.
In the event Blackstone terminates a user's account for violating the Terms of Service, or for inactivity, and that user is a paid member of Blackstone, that user's payment is not refundable.
All mailings sent to you by Blackstone are opt-in emails activated and authorized by you either through subscription or as a mandatory component of your membership in Blackstone. All subscribed mailing lists have a link at the bottom to allow you to unsubscribe from that mailing list if you wish. Other mailings are mandatory and are conditional of your membership with Blackstone. If you report any of these mailings or service notification emails, (which you have the control to turn off yourself), as Unsolicited Commercial Email, or SPAM, we reserve the right to terminate your Blackstone account.
As the Registered Owners of our services, Blackstone members are required to maintain their Registered Services and keep them within the guidelines set forth here in the Terms of Service. Failure to do so will result in Account Termination, at Blackstone's sole discretion.
By registering a Blackstone account, you agree to subscribe to our Members Update, Tips and Tricks, Freebies and Special Offers mailing lists. These lists may contain third-party sponsorships. You may unsubscribe from the Special Offers, Freebies and Tips and Tricks list by choosing the 'thanks but no thanks' or similar unsubscribing link at the bottom of each message.
Opting into or out of a sponsor run marketing program is at the sole discretion of the member.
Use of the hostanote Services requires that you accept all cookies in order to activate special Web features and security mechanisms, and to enhance performance. While your browser may allow you to "reject" cookies, the hostanote Services may require that you accept cookies in order for its features and security mechanisms to function fully. Deleting, removing or preventing Blackstone cookies from being properly written to your computer may result in adverse affects on your use of the hostanote Services. A "cookie" is an electronic note created by a web site and stored on your computer. By using the hostanote Services, you authorize Blackstone's use of cookies.
THE HOSTANOTE SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, BLACKSTONE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE HOSTANOTE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, BLACKSTONE DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE HOSTANOTE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE HOSTANOTE SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE HOSTANOTE SERVICES OR THROUGH ANY LINKS PROVIDED IN THE HOSTANOTE SERVICES. BLACKSTONE SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE HOSTANOTE SERVICES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BLACKSTONE DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE HOSTANOTE SERVICES. BLACKSTONE DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. BLACKSTONE DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE HOSTANOTE SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. BLACKSTONE MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF ANY HOSTANOTE SERVICES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE HOSTANOTE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL BLACKSTONE OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE HOSTANOTE SERVICES OR RELIANCE ON THE HOSTANOTE SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF BLACKSTONE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE HOSTANOTE SERVICES, FROM INABILITY TO USE THE HOSTANOTE SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE HOSTANOTE SERVICES AND THE DELETION OF CONTENT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE HOSTANOTE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE HOSTANOTE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE HOSTANOTE SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE HOSTANOTE SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE HOSTANOTE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO the HOSTANOTE SERVICES OR TO BLACKSTONE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP, OR ALTERATION OF MEMBER WEB PAGES OR OTHER CONTENT. WITH RESPECT TO PAID BLACKSTONE MEMBERS, BLACKSTONE'S ENTIRE LIABILITY, IF ANY, SHALL NOT EXCEED THE AMOUNT OF THE PAID MEMBER'S MOST RECENT FEE PAYMENT. UNDER NO CIRCUMSTANCES SHALL BLACKSTONE OR ITS LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING.
UNDER NO CIRCUMSTANCES WILL BLACKSTONE BE RESPONSIBLE FOR ANY CHARGES (INCLUDING NSF CHARGES) YOU INCUR AS A RESULT OF ERRONEOUS CHARGES, AGAINST YOUR CREDIT CARD OR PAYPAL ACCOUNT, OR AS A RESULT OF YOUR FAILING TO CANCEL YOUR ACCOUNT AND/OR AUTOMATIC PAYMENTS IN A TIMELY FASHION.
In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
By using the hostanote Services you agree to indemnify Blackstone and its officers, employees, and licensors and hold them harmless from any and all claims and expenses, including attorney's fees, arising from your use of the hostanote Services, or from any person's use of any account or password you maintain with any of the hostanote Services, regardless of whether such use is authorized by you. By using the hostanote Services, you are hereby agreeing to release Blackstone and its officers, employees, and licensors from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to the hostanote Services. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH RELEASES.
This agreement shall be deemed to have been made in the Province of Alberta, Canada and the validity, construction, interpretation and enforcement hereof and the rights of the parties hereto shall be determined under, governed by, and construed in accordance with the internal laws of the Province of Alberta without regard to the principles of conflicts of laws. Each party is specifically prohibited from bringing any action arising from or related to this agreement other than in the Province of Alberta unless the said action is for the purpose of enforcing a Judgment already obtained in the Province of Alberta.
Blackstone servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples include but are not limited to the following: unauthorized access, use, probing, or scanning of systems security or authentication measures, data, or traffic; interference with service to any user, host, or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system, broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Blackstone Members shall not use excessive amounts of CPU processing on any of Blackstone's servers. Any violation of this policy may result in corrective action by Blackstone, disconnection or discontinuance of any and all hostanote Services, termination of this Agreement, as well as the deletion of any Content, which actions may be taken in Blackstone's sole and absolute discretion. If Blackstone takes any corrective action under this section, the Member shall not be entitled to a refund of any fees paid in advance prior to such action.
Bandwidth and disk usage shall not be used by Members in excessive amounts. Blackstone may monitor each Member's bandwidth and disk usage. Blackstone shall have the right to take corrective action if any Member's bandwidth or disk usage exceeds the average usage or deemed excessive by Blackstone for any reason whatsoever. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken in Blackstone's sole and absolute discretion. If Blackstone takes any corrective action under this section, the Member shall not be entitled to a refund of any fees paid in advance prior to such action.
Associated with each free hostanote web page is a Sponsor Ad or Banner. Blackstone reserves the right to change modify or remove any such advertisement at any time without notice. As a Member, you may also change the support of a Sponsor by choosing an alternative Sponsor and re-publishing your page at any time with or without notice.
The Exposure of a Sponsors Brand is for the purpose of general advertising and brand awareness. The sponsorship of a hostanote web page shall not be construed as an endorsement for the content of such page in any manner whatsoever. At the sole discretion of a Sponsor, if the content of any sponsored page is found to be offensive, such page may be instantly blocked by the Sponsor, removing it from view through the hostanote service. No permission nor reason need be given. Sections 15, 16 and 17 apply to all Sponsors.
All Sponsors of the hostanote service are also Members. As such this Agreement governs the general responsibilities of a Sponsor. The content of a Banner and the use of Member information is subject to the terms of this Agreement. Specifically, the opt-in / opt-out status of a Member must be strictly adhered to. Any violation may result in instant termination of the Sponsorship.
Should a Member desire their own Corporate Banner (sponsorship), they may at any time register as an Independent or Co Sponsor. Payment for sponsorship through VISA and MasterCard is made through the PayPal service. Your sponsorship service(s) will be automatically activated and renewed within your account when purchasing using these methods.
Blackstone also accepts International Money Orders and Checks made out to Blackstone Corporation, in US Dollars only. Services purchased through these 2 methods will be activated in your Sponsorship account once payment has been received and successfully processed.
Please Note: For current pricing details, contact Sales at Blackstone. All pricing is subject to change without notice. All prices quoted on the Blackstone web site are in US dollars, unless otherwise posted.
IMPORTANT NOTE: Refund Policies
Blackstone does not provide refunds for any unused portion of any sponsored period whatsoever.
UNDER NO CIRCUMSTANCES WILL BLACKSTONE BE RESPONSIBLE FOR ANY CHARGES (INCLUDING NSF CHARGES) YOU INCUR AS A RESULT OF ERRONEOUS CHARGES, AGAINST YOUR CREDIT CARD OR PAYPAL ACCOUNT, OR AS A RESULT OF YOUR FAILING TO CANCEL YOUR ACCOUNT AND/OR AUTOMATIC PAYMENTS IN A TIMELY FASHION.
Blackstone reserves the right to amend or change these terms and conditions at any time with or without prior notice.