Web Services – Terms and Conditions

Upon signing up for or using Consonant Marketing a division of MIX Touring, Inc. D/B/A Consonant Music’s web services (herein Consonant Web Services), all customers agree to comply with the Consonant Web Services “Terms of Service”. Customers are only authorized to use Consonant Web Services services for legal and moral purposes. You must consider the rights of Internet users and other Consonant Web Services clients.

Privacy

We reserve the right to monitor e-mail logs for incoming and outgoing abuse as well as performance issues. We reserve the right to monitor Junk E-Mail folders for all users. This enables us to adjust our SPAM blocking techniques to better serve our customers and to provide superior managed e-mail service. We sometimes add senders to your safe senders list to improve the reliability of our mail delivery service. We reserve the right to manually unsubscribe our clients from mass marketing e-mails that consistently end up in the Junk E-mail folders multiple times per day. When you request that we diagnose an e-mail issue we might view your other mail folders to determine the cause of the issue. We reserve the right to monitor all Consonant Web Services hosted web pages for abuse and violations of our policies. We do not sell or share any customer information with 3rd parties other than legally required requests.

Payment

Payment is due in advance. We reserve the right to terminate service for non-payment without notice. In most case we will contact the client via email when service is being terminated but it is the client’s responsibility to make sure their service is paid in a timely manner. We do not offer refunds after 10 days of the service start date. Packaged Maintenance and SEO campaign early termination fees are equal to 1 full month of service. Early termination fees are due on the day of cancellation. Blocks of hours are non-rufundable and do not expire until fully used.

Website Access and Editing

To increase security and the value of our service all website editing will be done by Consonant Web Services employees or authorized web designers. We no longer support direct client access to our web servers. We do offer WordPress as a content management system or we can code your site so you can make changes to dynamic data (extra charges may apply). We reserve the right to update your WordPress installation and to maintain comment SPAM rules as well as delete comments that we feel are inappropriate or SPAM.

Mailbox Size and Auto-Clean

In an effort to keep your mailbox from exceeding your limit our e-mail system default settings will automatically delete mail from your junk e-mail folder older than 30 days, deleted items older than 60 days. You can override these default settings. We recommend using an email client so you can move mail from the server to your computer for archive purposes. We receive automated messages when you exceed your mailbox limit so we can temporarily increase you limit until the problem is remedied or we may reduce the size of your mail folders manually to keep you within your limits. These actions and limits do not affect e-mail you have downloaded (POP) to your computer using e-mail clients like Outlook or Outlook Express.

Spam Blocks and Filters

We use a combination of blocks (before the email is received) and filters based on reputation and content to reduce spam. We monitor server logs to try to improve our spam blocks/filters to reduce false postives. If you report a problem with receiving valid email we will diagnose the issue and create rules to remedy the problem. If you request that we help you reduce the amount of spam you receive we will use the server logs and your email currently stored on the server to create new rules. Valid e-mail located in your junk e-mail folder might be moved back to your inbox during a spam check but it is not guaranteed. Customers should check their junk e-mail folder on a regular basis.

Auto Responders

Auto responders may not be permanently enabled (max 30 days). You may only use an auto response for temporary absence (i.e. Vacation, business trip, illness). We do not allow auto responses to servers that fail an SPF check. Read more about Sender Policy Framework.

Mail Forwards

We do not allow automatic mail forwards to e-mail addresses that are not hosted by us. Too many users (mostly AOL) report the forwarded mail as SPAM and the last server it passes through (ours) is the service that gets reported as the spammer. If we make an exception we reserve the right to remove it at any time with or without notice.

SPAM – UBE – BULK EMAIL

You can be assessed a fine of up to $250 and/or face immediate suspension. Spamming or the sending of unsolicited email or mass email from or through a Consonant Web Services virtual, leased, dedicated or co-located server, or using an email address that is maintained on a Consonant Web Services server to send bulk or unsolicited email is STRICTLY PROHIBITED. Consonant Web Services will be the sole arbiter as to what constitutes a violation of this provision. The following are a few examples of actions that ARE VIOLATIONS of our terms of service:

[Violation] Sending email to any person or company that did not specifically request to be contacted.

[Violation] Sending bulk email to addresses from a purchased mailing list.

[Violation] Sending email advertising from an account or web page on our servers to any person or company that did not request it.

[Violation] Requests to trade links unless the recipient’s email address was publicly displayed on their website or they provided a form. (no scraping domain records)

[Violation] Allowing a marketing company to email to their own list about your company, products, services or website.

[Violation] Sending advertisements to email addresses that were obtained through sales or information requests after you have completed the sale or provided the requested information. (Unless the recipient specifically opted-in)

[Violation] Automated opt-in on any forms is prohibited, the option must be manually checked by your clients, customers or visitors. That means opt-in list checkboxes must be defaulted to opt-out.

[Violation] Sending bulk email to more than 250 addresses in one day (including opt-in lists.) You should use a service likeĀ MailChimp.

[Violation] Sending to more than 125 addresses in one email (including opt-in lists.) You should use a service like iContact or ConstantContact.

Customers are forbidden to send e-mail to any person who did not request to receive it (non opt-in). It is explicitly prohibited to send unsolicited bulk mail messages (“junk mail” or “spam”) of any kind (commercial advertising, political tracts, announcements,…) or to post the same or similar messages to large numbers of newsgroups (excessive cross-posting or multiple-posting, also known as “USENET spam”).

Unauthorized use, or forging, of mail header information (e.g. “spoofing”).

Customers may not forward or propagate chain letters, nor malicious e-mail.

These rules apply to any Internet based distribution medium and any application using the Internet as well (e.g. usenet news, fax-like documents over the Internet).

Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes, but is not limited to, the facilitation of the means to send e-mail spam, initiation of pinging, flooding, mail-bombing, denial of service attacks, and piracy of software. Sending email designed to damage the target system when executed or opened; for example, sending malicious programs or viruses attached to an email. Sending email which is designed to cause confusion, consternation, fear, uncertainty, or doubt, such as fake virus warnings. You must never subscribe anyone other than yourself to a mailing list.

Mailing List Subscriptions/Newsletters/Opt-in E-mail

Consonant Web Services recognizes and encourages the role of the Internet as a valuable medium for responsible advertising and marketing of commercial goods and services. All subscription lists including newsletters must comply with the following guidelines even if they are maintained by a 3rd party on your behalf:

The opt-in process must not be initiated by an unsolicited email.

Double opt-in subscription process is strongly encouraged.

Recipients must be informed of how to correctly and easily remove themselves (opt-out) from a mailing list in the event that they alter or change email addresses, or wish to no longer receive mailings.

Always remind people that they have opted in to your list.

Customer must maintain a simple to use opt-out process.

Opt-outs must be single opt-out, preferably a one-click http link embedded in the message.

Customer must maintain a master opt-out list that is applied to all mailings.

Customer must respond professionally and courteously to all complaints.

Customer must respond to all complaints promptly.

If you do not already have a procedure for handling complaints, you should create one.

Customer must maintain and be able to produce the following opt-in record information on demand: date, time, subscriber opt-in IP address, referrer site name or URL.

Customer must limit their authorized bulk mail to 250 addresses per day unless you use a service like iContact or ConstantContact.

When a complaint is received, Consonant Web Services has the discretion to determine from all of the available evidence whether the email recipients were from a legitimate “opt-in” email list and take appropriate action in accordance with this policy.

Violation of these terms and additional mailings sent after twenty four hours of a recipient opting-out will result in a fine, temporary disconnection, or termination of service.

Data Backup

While we do maintain backups there is no guarantee implied and we are not obligated in any way to provide access to this data and may charge for this data and restore services.

File Storage and Sharing – Software Distribution

Your allowed storage space is for website related files ONLY. You are not permitted to use the web server for personal file storage or sharing. Consonant Web Services web hosting accounts are not for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files you will need a different service.

Server Resources

Any web site or email account that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or move the domain. Consonant Web Services is the sole arbiter of what is considered to be a high server usage level. We consider email accounts that are set up to auto-check mail every minute an abuse. Our minimum accepted email auto-check is 5 minutes. This does not stop you from manually checking mail in less time when you are expecting new mail.

We reserve the right to limit the number of files for each domain regardless of the disk space you are paying for. Any web hosting and/or email account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.

Illegal or Potentially Illegal Use

Consonant Web Services servers can only be used for lawful purposes. 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 the following: Copyrighted material, Trademarks, Trade secrets, Material that is obscene, Violations of export laws, Pirated software, Hacker program archives, Warez sites, Program swapping, Music or movie swapping.

Adult Content

Adult-oriented sites, any form of pornography and sex-related merchandising and/or links to this information are prohibited. We are concerned with legal and moral issues as well as the drain on our network. You should be able to find a host dedicated to adult content. We are not that host.

Security

Violations of system or network security are prohibited and may result in criminal and civil liability. This includes but is not limited to the following: Unauthorized use or access, Probing or port scanning of systems, authentication measures, data, or traffic, Mail bombing, Denial-of-Service or any deliberate attempts to overload a system, Forging of any TCP-IP packet header or any part of the header information, Server Abuse, Any attempts to undermine or cause harm to a Consonant Web Services server or customer are strictly prohibited.

CGI, PERL, andĀ ASP Scripts

CGI programs and PERL scripts are not supported. PHP is only supported for WordPress sites. ASP.NET is supported. Poor code could result in a violation of our server resources clause. All code must be approved by Consonant Marketing a division of MIX Touring, Inc. D/B/A Consonant Music.

Chat Rooms and Forums

Consonant Web Services does not allow chat rooms or forums. Chat rooms and forums can require significant system resources and therefore cannot be permitted as an account option. We are dedicated to providing SMB clients with highly reliable and available company websites and both platforms have potential to cause failures. You would be better off with a dedicated server. There are plenty of hosts that can provide better support for forum software and we do not have the resources to monitor forums therefore we do not allow them.

IRC

Consonant Web Services does not allow IRC or IRC bots to be operated on our servers.

Multimedia Files

Multimedia files are defined as any graphics, audio, and video files. Consonant Web Services web hosting plans are not to be used for the purposes of distributing and storing a large percentage of multimedia files. Any web site whose disk space usage for storing multimedia files exceeds 35% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files.

Databases

Any database stored on a Consonant Web Services owned or leased server will be limited in size to 5% of the total disk space allocated for that particular domain’s plan/web hosting account or 2GB whichever is less.

Copyright Violations

The Digital Millennium Copyright Act (“DMCA”) sets forth the requirements for valid copyright infringement notification. If you would like to notify Consonant Web Services of an infringement of your copyright, the DMCA requires that you:

Send your notification to the designated agent. You may choose any of the following methods for this notification:

Email to [email protected]

Fax to Consonant Marketing a division of MIX Touring, Inc. D/B/A Consonant Music, Attention: Abuse (Call for Fax Number)

The following information should be included:

A physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf (the “Claimant”).

Identification of the copyrighted work(s) claimed to have been infringed.

Identification of the material claimed to infringe the copyright(s), and enough information for Consonant Web Services to locate it.

The Claimant’s name, address, and telephone number(s).

A statement that the Claimant has a good faith belief that use of the disputed material is not authorized by the copyright owner or his agent.

A statement, under penalty of perjury, that the information in the notification of copyright infringement is accurate and that the Claimant is authorized to act on behalf of the copyright owner.

Actions Taken by MIX Touring Inc. D/B/A Consonant Music

Failure by a customer to meet or follow any of the above “Terms of Service” is grounds for account termination. Consonant Web Services will be the sole arbiter as to what constitutes a violation of the “Terms of Service”. Consonant Web Services reserves the right to terminate and remove any account without prior notice for any reason we deem necessary without refund or compensation.

When Consonant Web Services becomes aware of an alleged violation of its “Terms of Service”, Consonant Web Services will start an investigation. During the investigation, Consonant Web Services may restrict a customer’s access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Consonant Web Services may, at its sole discretion, restrict, suspend, or terminate a customer’s services and/or pursue other civil remedies. In the event of a criminal offense, Consonant Web Services will notify the law enforcement authorities of such violation.

Consonant Web Services does not provide credits for outages incurred through service disablement resulting from “Terms of Service” violations, alleged or actual.

Right to Cancel

We reserve the right to cancel any service for any reason with a 10 day notice. Violations of our terms of service may void the 10 day notice. We are very particular about our clients. If for any reason we feel your business or business practices do not meet our approval we will give 10 days notice for you to move your service. We are not obligated to provide a reason. After cancellation we will refund a prorated amount if there have been no violations of our terms. This is the only time we offer refunds beyond 10 days after start of service.

Clients may cancel service at any time but are not due any refund after 10 days of service start.

Liability

Consonant Web Services customers agree to indemnify and hold harmless Consonant Web Services from any claims resulting from the use of our services that damages them or any other party. The Consonant Web Services service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Consonant Web Services expressly disclaims any representation or warranty that the Consonant Web Services service will be error-free, secure or uninterrupted. No oral advice or written information given by Consonant Web Services, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Consonant Web Services and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.

Modification

Consonant Web Services reserves the right to add, delete, or modify any provision of its “Terms of Service” at any time without notice. You must check this page often to review any changes.