Terms of Service
Last updated: 06 Jul 2021
This Agreement ("Agreement") is between Mironized ("Mironized"), and the person (individual or legal person) who signs Mironized's service order and set up form (the "Order") incorporating this Agreement by reference ("Customer"). This Agreement governs Customer's use of Mironized Band Pass membership service.
Please read this agreement carefully. By joining Mironized Band Pass membership service, you are agreeing to be bound by the conditions and terms of this agreement.
Membership Account Setup
We will setup your membership account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with a valid email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account.
As a Band Pass Member you are automatically enrolled to the Affiliate Program and bound by the following terms and rules:
- You cannot earn commissions on your own affiliate purchases.
- You are not allowed to refer your own band(s).
- You should not try to defraud the system in any way.
- All commissions are held for 30 days to encounter refunds.
- Every payout is manually checked for fraud or suspicious activity.
- Band Pass Members / Affiliates that are found to be in violation of the Affiliate Program terms will forfeit commissions related to aforementioned violations, and may result in termination of their account with or without notice.
- Mironized reserves the right to change or modify the Affiliate Program terms and rules without prior notice.
We will setup your Band Pass website after we have received payment and the related files (band's logo and artwork / photos) from you for the theme creation.
Website Updates & Upgrades
From time to time, we may develop updates or implement enhancements or other changes to your Band Pass website. We will also from time to time modify the back-end software that runs your Band Pass website. You specifically grant us permission to do this whenever we push an update, upgrade, bug fix or patch to all customers similarly situated to you. Occasionally, this will require the Band Pass website to be unavailable to you or your visitors for a brief period of time. We apologize for the inconvenience this may cause, but unfortunately, we must perform these regular maintenance activities to maintain your Band Pass website’s performance over time.
Website Proprietary Rights
Your Band Pass website, templates, design and software excluding your own content, are owned by Mironized and/or their respective licensors. Your Band Pass website files can only be hosted on Mironized's servers and cannot be transferred to you.
FREE .com Domain Name
Mironized will provide one (1) FREE .com domain name with a new membership purchase, only if you select that option during checkout. The domain name will be yours to keep but it will be registered in Mironized's name and it will remain FREE as long as you keep your membership active. During the term of your active membership and the domain name is still in Mironized's name, the domain name can only be used to be connected to your Band Pass website. After the initial sixty (60) days of the domain registration, it can be transferred to your name upon request and use it in any way you want, however it will no longer be FREE and you'll be responsible to renew it yearly.
Abuse & Prohibited Use
Mironized reserves the right to decide as to what constitutes as abuse and any material not mentioned below is left entirely up to the discretion of Mironized.
Abuse can include, but is not limited to the following offenses:
- Any attempts to compromise or actual compromise of a network device belonging to Mironized or any other company, individual, or other entity is strictly prohibited. This offense also includes port scanning, IP range scanners and vulnerability scanning. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
- Denial of Service attacks directed at us, or any attempts to launch a Denial of Service attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
- Sending unsolicited email, newsgroup postings, chain letters or anything else that could be considered as "spam", is strictly prohibited. The gathering of email addresses to be used for sending unsolicited email on a 3rd party service "harvesting" is also prohibited and may result in termination of service.
- The hosting of material that infringes on any copyright, trademark and or service mark is strictly prohibited. This also includes the storage and transmission of pirated movies, music, software, ring tones or anything else considered "warez". Any complaint received will be investigated and may result in termination of service.
Please note that any violation(s) could lead to a simple warning, temporary suspension of service, and or termination of clients account(s) without warning and without refund. In the event that an illegal act has been performed, local and/or federal authorities may be notified.
You agree to supply appropriate payment for the services received from Mironized, in advance of the time period during which such services are provided.
As a client of Mironized, it is your responsibility to ensure that membership renewal is paid on time. Mironized will never auto-charge you. Any membership that is more than twenty one (21) days overdue will result in a 10% late fee and membership suspension until fees has been paid in full.
Mironized reserves the right to change the yearly payment amount and any other charges at anytime.
Customer is free to cancel their membership at any time by contacting Mironized, with their account information. Similarly, Mironized reserves the right to cancel any membership at any time, for any reason, including, but not limited to, a breach of this Agreement.
Money Back Guarantee
If a membership is purchased and cancelled within thirty (30) days of the initial payment, the Customer will, upon request, receive a full refund. If the customer claimed the FREE .com domain name and then request refund, Mironized will deduct a non-refundable domain fee of 14€ from customer's refund. This not only covers Mironized's costs, but ensures that customer won't lose their domain name. Requests for these refunds should be made by contacting Mironized.
Money-back guarantee is only applicable to those products and services that are specified with this offer. Any other products or services with no specification of money-back guarantee are not entitled to a refund. Under the money-back guarantee, only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund. This is to protect our money-back guarantee from being abused. Mironized reserves the right to determine the definition of first-time account. Violations of the Terms of Service will waive the refund policy.
Bandwidth & Storage Usage
You are allocated a monthly bandwidth and storage allowance. Should your account pass the allocated amount we reserve the right to suspend the account until more bandwidth or storage is purchased at an additional fee or terminate the account.
Right To Refusal Without Cause
Mironized may refuse to accept any customer for participation in the Mironized network as determined by Mironized at its sole discretion.
Customer agrees that it shall defend, indemnify, save and hold Mironized harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Mironized, its agents, its customers, 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 Mironized against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Mironized; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Mironized's server.
By using any Mironized services, you agree to binding arbitration. If any disputes or claims arise against Mironized or its subsidiaries, such disputes will be handled by an arbitrator of Mironized's choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.
Disclosure To Law Enforcement
Mironized may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
Mironized will not be responsible for any damages your business may suffer. Mironized makes no warranties of any kind, expressed or implied for services we provide. Mironized disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Mironized.
All content on this website is Copyright © Mironized and may not be reproduced without express written consent. All images Copyright © Mironized and / or their respective owners. All logos, trademarks and/or service marks are the property of Mironized.
Changes To The TOS
Mironized reserves the right to revise its policies at any time without notice.