Attention

To all Rock-Dots users and customers by reading the following Terms of Agreement you hereby wave your right to sue or tamper with www.Rock-Dots.com, its affiliates, its employees and its owners Erik Zablocki and Matthew Bigelow. If at any point during reading the Terms of Agreement you disagree with the Terms do not go any further and purchase a Dot or any other item through www.Rock-Dots.com.

1.  Service Description
Rock-Dots.com will provide and maintain for the Customer the services as described in this Service Agreement for the service term set forth on the payment plan for what was paid for the duration of time and no time further provided that (A) The Customer maintains all the guidelines presented to him/her as listed in the terms of agreement and he/she will abide by these guidelines. (B) The customer must truthfully present to Rock-Dots.com their information, as requested, and authorize that they have full rights to all photos, lyrics, songs, and band information given. Rock-Dots.com reserves the right to cancel/remove any customers Dot (without refund) due to a breach of the terms of agreement.


2.  Technical Parameters / Performance Standards
All Dots will be posted within three days after the purchase has been made (a provable visible Pay-Pal payment must be made to prove purchase). Any Dot that takes longer than the three day period due to technical difficulties will be remedied as soon as possible. By reading this agreement all customers comply with the minimum technical parameters and internet restrictions that may interfere with Rock-Dots.com ability to operate outside of the co-owners Erik Zablocki and Matt Bigelow’s personal power. As such customers agree that although they are guaranteed a year of service for their payment they will not be reimbursed for days lost due to technical difficulties. When Rock-Dots.com and it’s sever are performing at their full potential songs will/should load in a matter of seconds with all images appearing in the same amount of time (on connections such as Cable/DSL/T3).


3. General Usage Rules 
All customers must comply with all applicable rules, regulations and policies of the Rock-Dots.com which are as follows: 1) Only manage, edit, create and pay for a band in which you have all rights to do such for. 2) Do not attempt to log-in to any other bands name/user name under any circumstances. 3) Only pay for www.Rock-Dots.com Dots and other services with your own registered Pay-Pal account 4) Do not attempt to rip any streaming audio files from other bands Dot’s or sub-pages (Rock-Dot Profile Page) for reproduction of any kind for it is federally prohibited. 5) Do not steal or reproduce any Rock-Dots.com logo’s, slogans or website formatting of any kind. 6) Do not attempt to fail on payments or get refunds for money after the purchase has gone through: ALL SALES ARE FINAL. 7) Do not attempt to receive a refund for a terminated Dot whether it be by Rock-Dots.com due to breech of the Terms of Agreement or at the request of the user. Failure to comply with these rules and any other terms listed in this Terms of Agreement will result in Dot and account termination as well as possible legal action. 


4. Adjusting Services Terms
For all services which include the use of Rock-Dots.com employees provided by Rock-Dots, Rock-Dots.com reserves the right to (i) change the frequencies of said service at any time (ii) transfer the site to another server or services provided the Customer shall experience no significant interruption to their Rock-Dots services and such a replacement provides performance standards and technical parameters substantially equivalent to the initial www.Rock-Dots.com website.


5. Copyright/Trademark Infringement
Any and all songs that are copyrighted, registered in another name, or trademarked in any way to anyone but the user, must not be used in conjunction with Rock-Dots.com. In the event that a Customer uses copyrighted material illegally with Rock-Dots.com the customer is liable and not Rock-Dots.com. By reading this Terms of Agreement page all customers are agreeing to not use any creative/copyrighted/registered/trademarked material whether music or else wise that is not 100% their legal property. Rock-Dots.com will not be held responsible for reckless use of such materials by its users and customers.


6. Activation Terms 
The customer shall be charged the current flat fee to activate their Dot and band Sub-page (Rock-Dot Profile Page). Each Terms of Agreement abiding customer is guaranteed a full years service, including one on one instant messaging chats to help remedy any band Dot or Sub-page (Rock-Dot Profile Page) issues.


7. Term Expiration; Automatic Extension 
Unless provided otherwise herein, if, as of the expiration of the Term, the parties have not agreed to an extension of this Agreement nor to a superseding agreement, then this agreement shall automatically extend for an additional one-year term with all other terms and conditions remaining the same (such an extension hereinafter referred to as an Automatic Extension); provided, however, that such an Automatic Extension shall not occur if this Agreement is terminated by either Party upon minimum 30 days advance written notice (via E-mail strictly) to the other before the end of the Term. In the event that this Agreement is extended pursuant to an Automatic Extension, it may be terminated during such extension upon 30 days prior written notice by a customer.


8. Termination Liability
In the event that Customer terminates Rock-Dots Service prior to the expiration of the Term specified on the appropriate Service Request, or in the event that Rock-Dots terminates this Agreement as a result of Customer’s failure to abide by the terms and conditions herein will receive no refund. If for some circumstance the user is paying monthly they will pay the rest of the remaining months fees until the one year payment is reached.


9. Warranties and Limitation of Liability 
ROCK-DOTS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE ROCK-DOTS SERVICE. IN NO EVENT SHALL ROCK-DOTS BE LIABLE TO CUSTOMER OR ANY OTHER PARTY FOR SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF USE, PROFITS, REVENUE OR GOODWILL. ROCK-DOTS SHALL NOT BE LIABLE FOR FAILURE OF PERFORMANCE HEREUNDER DUE TO USE OF BANDWIDTH FOR SERVICES NOT PROVIDED BY ROCK-DOTS. ROCK- DOT’S LIABILITY FOR ANY AND ALL CAUSES AND CLAIMS WHETHER BASED IN CONTRACT, WARRANTY, NEGLIGENCE OR OTHERWISE SHALL IN NO EVENT EXCEED (1) AN AMOUNT EQUIVALENT TO THE PROPORTIONATE CHARGE BY ROCK-DOTS TO CUSTOMER FOR THE PERIOD OF SERVICE AFFECTED; OR, (2) IF APPLICABLE, THE REPLACEMENTOF A DOT OR SUB-PAGE (Rock-Dot Profile Page) IF LOST TAMPERED WITH OR DAMAGED AS A RESULT OF COMPANY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, WHICHEVER IS LESS.


10. Billing and Payment
(A) Customer will pay the Rock-Dots once in full for a year of service (unless otherwise agreed via E-mail) in U.S. dollars for the Service provided including all applicable taxes, franchise fees, right-of-way fees and right of entry fees, if any. Payment is due once through the Pay-Pal service. Rock-Dots Company will attempt to invoice or notify a Customer approximately thirty 30 days after a payment was not able to be made through Pay-Pal. (B) Billing for Service will commence immediately after a Dot is purchased and Dots will be published within 3 days after purchasing and users will be notified of their Dot's publishing via e-mail (if the customer requests via email). Unless a written notice of a dispute as to the charges for the Service rendered is received via E-mail by Rock-Dots within 10 business days after the purchase of a Dot such statement shall be deemed to be correct and payable in full by Customer. Detailed information regarding any dispute shall be provided by Customer upon request of Rock-Dots. Customer agrees to cooperate with Rock-Dots in any investigation of disputed matters.


11. Failure of Payment
In the event that Customer fails to make payment for services (by canceling payment or refuting its legitimacy) under this agreement when due they willingly lose their right to all guarantees made by Rock-Dots.com. If the customer makes an assignment for the benefit of creditors, files a petition in bankruptcy or generally cannot pay its debts as they become due, the Customer shall be deemed to be in material breach of this agreement, and Rock-Dots thereupon shall have the right to terminate or suspend the Services upon E-mailed notice to the Customer.  The Customer shall be entitled to no credit or other form of compensation for any period during which the Services are not provided due to a suspension or termination in accordance with this Section.


12.  Subject to Laws 
The terms agreed to by any and all users reading of this page is/are subject to all applicable indigenous federal, state and local laws, and regulations, and all rulings and orders of governmental agencies. Rock-Dots may terminate its obligations under this Agreement if ordered to do so by the final order or ruling of a court or other governmental agency or if such order or ruling would make it impossible for the Rock-Dots to carry out its obligations under this Agreement. The failure by Customer to comply with and maintain in good standing all required indigenous government authorizations, permits and licenses shall be grounds for termination of the Terms of Agreement by the Company.


 13. Prohibited Actions
It shall be a breach of this Agreement if Customer engages in any of the following behaviors:
 (a) any course of action which compromises the performance, security or integrity of the Rock-Dots website its server or other computers or any other devices or software connected directly or indirectly to Rock-Dots.com; (b) any action considered to have a malicious purpose or with the result of a substantial degradation or denial of service to Rock-Dots, its clients or affiliates; (c) any type of invasion or unauthorized tampering with the Rock-Dots website, its computer system, song and copyright security, password protection or encrypted information; (d) infringement of the legal rights of other Internet users, service providers, content providers and users of the Rock-Dots website (e) any form of mail spamming or attempted virus delivery; (f) any other activity prohibited by applicable law including, but not limited to, obscenity, defamation, infringement of trademark, copyright, or telecommunications laws of the United States.  If Customer operated hardware or software that the Rock-Dots determines may cause hazard, interference or service interruption to Rock-Dots services or the Rock-Dots network, the Customer shall immediately remove the offending hardware or software upon an E-mailed notice.


 14. General
(A) All Rock-Dots users and employees represents and warrants to the other that it has the right, power and authority to enter into, and perform its obligations under this Agreement; and it has taken all requisite action to approve execution, delivery and performance of this Agreement, and this Agreement constitutes a legal, valid and binding obligation upon the parties in accordance with its terms and conditions. (B)  Service shall not be used for any illegal or unlawful purpose. (C)  This Agreement shall be governed by the laws of the United States of America and all actions brought hereunder shall be sited by the appropriately deemed courts (D)  This Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and assigns. (E) Title to, and ownership of, all equipment and facilities used by Rock-Dots to provide Service shall remain Rock-Dots property. (G)  Neither party shall disclose the contents of this Agreement, nor release any publicity or other public disclosure, without the prior agreed E-mailed consent of the other party. (H)  In the event that any one or more of the provisions of this Agreement shall for any reason be held to be invalid or unenforceable, the remaining provisions of this Agreement shall be unimpaired, and shall remain in effect and be binding upon the parties. (I)  Customer agrees to the Terms for a period of one year and anytime after the automatic re-subscription process is complete. 


 15. Band Profile Style Integrity
You agree to not re-style your Rock-Dots Band Profile beyond the customization features provided for you. You may not import or append any outside or on-server CSS files into your profile. You may not write any custom CSS styles that would threaten the integrity of the design of our site and your pre-designed profile. You may not use CSS to cover up the advertisement in your profile. You are allowed to style your font in the Other Information field such as color, size, font-family, and underline,bold, and italic. Additionally, you may use the tools provided above that field to add in certain features but this must only stay within the Other Information field. Any leakage of styling from the Other Information field MUST be fixed immediately, otherwise you will receive a warning. Subsequent infractions of this kind will result in your account will being terminated. The allowed styling can only occur inside of the Other Information field, you may NOT use any formatting in any other field. If you are caught doing this, you will be warned to fix it immediately. Any subsequent infractions of this kind will result in your account being terminated. If we discover any styling issues that are viewed as a threat to the integrity of the CSS styles we have created for you, then you will be warned immediately. We reserve the right to make the judgment call on whether or not you are in violation of this amendment. All infractions will receive a warning e-mail to the address you provided us with at sign up.


16. Notices 
All notices given hereunder shall be deemed given when E-mail is delivered.


17. Interpretation
The words and phrases used herein shall have the meanings generally understood in the telecommunications and computer industries.  This Agreement shall be construed in accordance with its fair meaning and not for or against either party on account of which party drafted this Agreement.


18. Entire Agreement
The parties shall not be bound by any agent's or employee's representations, promises or inducements not set forth herein. This Agreement supersedes and replaces all prior agreements, understandings or arrangements, whether oral or written, made between the Parties and relating to the subject matter herein, and together with the exhibits and attached hereto constitutes the entire understanding of the parties with respect to the subject matter herein. This Agreement shall not be modified, changed, altered or amended except by an express written agreement through e-mail.