General Terms of Service

Last Updated: September 25, 2019

Whereas, Unwritten Media is an information provider connected to the Internet. Unwritten Media offers storage and transfer services over the Internet through access to its Server(s);

Whereas, Customer seeks to utilize Unwritten Media’s server for its own purposes;

Whereas, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, Unwritten Media can make no guarantee that any given reader shall be able to access Unwritten Media’s server at any given time.

Unwritten Media represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible;

Now therefore, in consideration of the mutual promises contained herein, the parties agree as follows;

Financial Arrangements

Customer agrees to a thirty (30) day contract minimum beginning upon commencement of service. Exact contract duration is decided upon at signup.
Customer agrees that all charges and fees associated with an account are their sole responsibility.
Some services may be provided by 3rd parties and Unwritten Media partners may change rates or plans at any time.
Billing will stop at end of term during which the service is canceled, and all outstanding payments are made.
At the end of the contract term, the contract will automatically renew for the original contract length indefinitely until canceled in writing or via the web panel. The customer can pre-authorize recurring transfers to Unwritten Media from a linked credit card account. If the customer provides an associated payment card that is determined to be expired, invalid or otherwise not able to be charged, the customer agrees that Unwritten Media may use other payment methods linked to the customer’s bank account (such as new credit card credentials from your card issuer).
An account must be canceled before the next payment is due and a final bill will occur with any post-billed services. No payments will be refunded, even for unused portions. If any non-refundable charges have already been incurred, they must be paid before the account may be cancelled.
Violations of Unwritten Media’s Terms of Service, Acceptable Use Policy, or Spam Policy may, at Unwritten Media’s discretion, result in immediate and permanent disablement without refund.
Disputed charges (“chargebacks”) associated with any Unwritten Media account, at Unwritten Media’s discretion, may result in immediate and potentially permanent disablement of services or the full account. Each rejected charge will incur a $50 fee on the account which must be paid before any services may be reactivated.
Unwritten Media will use commercially reasonable efforts to make services available 100% of the time during each monthly billing cycle. If Unwritten Media is unable to meet this service level, you will be eligible to receive a credit to future billing cycles based upon the Unavailability for that month.
For the purposes of this agreement, Unavailability means that a server error response to valid user requests for more than 60 seconds of consecutive requests. It does not include network outages outside of the datacenters where the service(s) are running.
Unavailability that is a result of scheduled maintenance is excluded from these conditions and will not be considered for service credit calculations. Scheduled maintenance is defined as maintenance that is announced at least 5 days in advance, and does not exceed one hour in any month.
Service credits will be calculated as a percentage of the bill for the billing cycle that the Unavailability occurred. The percentage for the credit will be calculated by dividing the number of minutes of Unavailability by the total number of minutes in that billing cycle.
Service credits must be claimed within 14 days of the Unavailability occurring by submitting a support ticket. Include as much detail as required to document the Unavailability.

Taxes

Unwritten Media shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or Unwritten Media’s server.
Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.
Sales Taxes will be collected for Texas residents in accordance with all applicable regulations.
If Customer has sales tax exemption, it must be on file with Unwritten Media before any exemptions will be applied.

Material Products

Customer will provide Unwritten Media with material and data in a condition that is “server-ready”, which is in a form requiring no additional manipulation on the part of Unwritten Media. Unwritten Media shall make no effort to validate this information for content, correctness or usability.
Use of Unwritten Media’s service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer’s website or application deployed for thge Customer.
Unwritten Media will only manage content or settings as requested by Customer. Maintenance of servers and services behind the scenes will also occur, including but not limited to operating system and software updates and security changes.
Unwritten Media will exercise no control whatsoever over the content of the information passing through the network, provided that it adheres to all other conditions set forth in our Terms of Service and Acceptable Use Policy documents.
Unwritten Media reserves the right to police its network to verify compliance with all agreed upon Terms.
The Customer agrees to cooperate in any reasonable investigations into their adherence to all agreed upon Terms. Failure to cooperate is grounds for immediate disablement of all accounts/service plans.
Unwritten Media reserves the right to disconnect any website or server deemed to present a security threat to Unwritten Media’s customers, servers, or network.
The opening of multiple accounts or service plans in order to bypass any restrictions or overage charges set forth by Unwritten Media is grounds for termination of all services.
Unwritten Media makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Unwritten Media also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of Unwritten Media is at the Customer’s own risk, and Unwritten Media specifically denies any responsibility for the accuracy or quality of information obtained through its services. Any mention of connection speeds associated with Unwritten Media’s services represents the maximum achievable speed. Unwritten Media does not guarantee that the customer will achieve the maximum connection speed at all times, as this depends on a variety of factors (including your own internet connection!). Unwritten Media expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
Unwritten Media specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not “Server-ready”, Unwritten Media may, at its option and at any time, reject this material, including but not limited to after it has been put on Unwritten Media’s Server. Unwritten Media agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Unwritten Media. If the Customer fails to modify the material, as directed by Unwritten Media, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.

Trademarks & Copyrights

Customer warrants that it has the right to use the trademarks and copyrights applicable to all content and/or products being made available through the customer’s account.

Guaranteed Uptime

Unwritten Media guarantees 100% uptime. A failure to provide 100% uptime will result in customer compensation pursuant to guidelines established herein.
Customer is entitled to compensation if Customer’s web site, databases, email, FTP, SSH or webmail become unusable as a result of failure(s) in Unwritten Media systems for reasons other than previously announced scheduled maintenance, coding or configuration errors on the part of the Customer.
Customer will receive Unwritten Media credit equal to the Customer’s current hosting cost for 1 (one) day of service for each 1 (one) hour (or fraction thereof) of service interruption, up to a maximum of 10% of customer’s next pre-paid hosting renewal fee.
Unwritten Media’s assessment of downtime begins when Customer opens a support ticket to report the problem.

Unwritten Media Server, CDN, and Streaming stipulations

Bandwidth pricing and measurement frequency is subject to change at Unwritten Media’s discretion. Customers affected by such changes will be notified no less than thirty (30) days in advance by Unwritten Media.
Unwritten Media is under no obligation to compensate Customer for downtime, whether the downtime be caused by Customer.
Customer agrees that hosting payments are NONREFUNDABLE. For example, if Customer submits payment for twelve (12) months of service, service will be provided for twelve (12) months and will not be refunded if Customer chooses to discontinue service with Unwritten Media mid-way through the term.
Usage-Billing: Any termination will result in the customer being billed for usage, rounded up to the nearest billing unit (minute, GB, etc).
Any upgrades or changes to an existing solution will be performed by Unwritten Media and may incur an additional one-time labor fee based on contract, as well as an increase to Customer’s standard monthly rate.
Unwritten Media reserves the right to alter the services advertised on its website at its discretion. Unwritten Media is not required to upgrade Customers’ hardware or bandwidth allocation as a result of a pricing or service package change.
For managed servers and services, Unwritten Media is responsible for the security of the network, the kernel, and the base operating system (defined as the standard set of OS packages that come installed with the server). Unwritten Media may take any steps it deems necessary at any time to protect the security of your server (this generally includes applying security patches as well upgrading the entire operating system).
Unwritten Media is not responsible for notifying of the need to apply patches.

Age

The Customer certifies that they are at least 18 years of age, or that their parent or legal guardian will act as the “customer” in terms of this contract.

Termination

This contract may be terminated by either party, without cause, by giving the other party 14 days written notice. Unwritten Media will accept termination by electronic mail. Notwithstanding the above, Unwritten Media may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. Unwritten Media reserves the right to charge a reinstatement fee.

Limited Liability

Customer expressly agrees that use of Unwritten Media’s Server is at Customer’s sole risk. Neither Unwritten Media, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Unwritten Media’s Server service 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 the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Unwritten Media Server service, unless otherwise expressly stated in this contract.
Under no circumstances, including negligence, shall Unwritten Media, its offices, agents or any one else involved in creating, producing or distributing Unwritten Media’s Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Unwritten Media Server service; or that results 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 Unwritten Media’s records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on Unwritten Media’s Server service.
Notwithstanding the above, Customer’s exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Unwritten Media harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against Unwritten Media, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Unwritten Media against Liabilities arising out of

any injury to person or property caused by any products sold or otherwise distributed in connection with Unwritten Media’s Server;
any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
copyright infringement;
any defective product which Customer sold on Unwritten Media Server.

Sanctioned Countries

Customer agrees to comply with all applicable export and reexport control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control, and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State.

Specifically, Customer covenants that it shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Unwritten Media under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. Customer agrees to indemnify, to the fullest extent permitted by law, Unwritten Media from and against any fines or penalties that may arise as a result of Customer’s breach of this provision. This export control clause shall survive termination or cancellation of this Agreement.

Other Agreements

Customer agrees to abide by the terms set forth in this document as well as other Unwritten Media policy documents including, but not limited to:

Acceptable Use Policy Anti-Spam Policy Unlimited Policy Privacy Policy Customer EU Data Processing Addendum Customer also agrees to abide by all applicable Terms set forth by all Unwritten Media partners and subsidiaries.

Contract Revisions

Revisions to this Contract will be applicable to previous Contracts Revisions will be considered agreed to by the Customer on renewal of service as specified in Section – Financial Arrangements.

##Transfer

Customer may not transfer this contract without the written consent of Unwritten Media.

Contract

These Terms and Conditions constitutes the entire Contract and understanding of the parties. Any changes or modifications to these Terms and Conditions of Contract thereto are agreed to by the both parties upon renewal of services.