Instant Web Audio Terms and Conditions of Service
Instant Web Audio is a trading name of Igniso Limited. Registered in England and Wales: 5687027.
This is an agreement between Instant Web Audio, referred hereinafter as 'Instant Web Audio', 'our', 'we' and 'us'; an internet service provider and you 'The Client' referred hereinafter as 'customer' , 'client' and 'user'; a consumer that utilizes our services on a free or paidfor basis. All customers under our service are subject to the terms and conditions described in this document. Under the terms of this agreement, signing up and/or using our service(s) in any form therefore declares that you have read, understand, and agree to the terms and conditions stated below.
Instant Web Audio reserves the right to make alterations to this document whenever we deem reasonable. It is the clients sole responsibility to check this document for updates on a regular basis.
Last Updated: 14th January 2010
Copyrights & Restrictions
All material on this site, including but not limited to text, images, illustrations, code, scripts and audio clips/live audio is protected by copyrights which are owned and controlled by Instant Web Audio. Material from this website may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, unless we give you the written permission to do so.
Content Hosting & Licensing
Instant Web Audio does not actively monitor client contents and all content hosted is the sole responsibility of the client who created and/or uploaded it to our systems.
We do not provide any form of legal cover to individuals or companys who utilize our services to distribute content with any copyright protection.
Under no circumstances will Instant Web Audio be responsible for the behaviour of our clients or their users when found to be sharing copyright protected content. All licensing, copyright and royalty issues are the sole responsibility of the individual clients and/or their production entities.
You may not use our services to distribute material which is classed as illegal in your country. Likewise, clients are forbidden from adding adult, racist or any other un-sociable material to our systems.
If contacted by an authority in the event of an illegal situation regarding any of the above, we will co-operate fully in any investigations they decide to make against clients found to be breaking the law.
Instant Web Audio will make every effort possible to ensure security of client's data, however due to the large volume of media stored, our standard costs do not include backup copies of data, please contact us if you would like to arrange this at an extra cost. All data is stored at clients own risk and we will assume no responsibility for any loss, damage or corruption of files hosted on our servers. It is the clients own responsibility to make regular back up copies of data stored.
Instant Web Audio will make every effort possible to ensure availability and uptime of services, however Instant Web Audio does not guarantee that services will be available 100% of the time. As with any internet or computer based service, technical errors may occur from time to time and client agrees to aknowledge this. Us or our providers may also require to perform occasional maintanance on our systems or networks that can cause periods of unavailability, clients agrees to accept this with or without notice.
Instant Web Audio shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, terrorism, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of resources or transportation, magnetic interference, interruptions of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunications or wireless service, or any cause beyond our reasonable control.
Payment, Cancellation and Money Back Guarantee
Our services are billed on a subscription basis unless otherwise specified. Payment will be collected on a specific billing date each month. Failure to pay for services delivered may result in suspension of service and/or late payment fee's in accordance with the Late Payment of Commercial Debt Act (1998).
Refunds are available for only 24 hours after any payment is made by a new customer. It is the clients responsibility to keep track of all payments made. Any refunds given will be minus any setup, admin or processing fee's.
You are not liable for any form of refund if you have breached the terms of service in any way.
Clients wishing to cancel our service should contact us at least 24 hours before a payment is due, refunds are only available to new customers and no refunds will be provided to existing customers making repeat payments. Cancelling a PayPal subscription directly may result in an instant termination of service.
Fair Usage Policy
Services provided to clients by Instant Web Audio under our standard agreement are on a fair usage basis and no services are offered on a dedicated or unlimited basis unless otherwise specified.
Server processing and bandwidth resources are shared with other users of the system and clients are required to understand this. We reserve the right to monitor, restrict, suspend or bill clients found to be using a disproportionate level of shared resources on a regular basis. In any such case, we will firstly contact the user to try and find a solution including, but not limited to attempting to compress media to reduce resource usage, upgrading to a higher level of service or restricting download/resource usage.
Other Concerns
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein. Instant Web Audio may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
TO THE EXTENT ALLOWED BY APPLICABLE LAW, IN ANY EVENT SHALL Instant Web Audio OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF Instant Web Audio HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
IN NO EVENT WILL Instant Web Audio OR ITS SUPPLIERS BE LIABLE FOR ANY CLAIM AGAINST LICENSEE BY ANY THIRD PARTY.
IN NO EVENT SHALL Instant Web Audio OR ITS SUPPLIERS BE LIABLE FOR THE FOLLOWING:
(I) ANY REPRESENTATION OR WARRANTY MADE TO ANY THIRD PARTY BY LICENSEE, ANY DISTRIBUTOR OR THEIR RESPECTIVE AGENTS;
(II) FAILURE OF THE PRODUCTS TO PERFORM;
(III) FAILURE OF THE PRODUCTS TO PROVIDE SECURITY;
(IV) THE RESULTS OR INFORMATION OBTAINED OR DECISIONS MADE BY END USERS OF THE PRODUCTS OR THE DOCUMENTATION. THIS LIMITATION OF LIABILITY IS AN ESSENTIAL PART OF THE BARGAIN UNDER THIS AGREEMENT.
You may also review our privacy policy.