Published on Tuesday, 26 February 2013 15:45
NRCW Companies Agreement
Hello! Welcome to NRCW Companies Terms of Service. Please read this carefully before using our services, websites or products. This is a contract between you and NRCW LLC. We've also included several annotations that aren't a part of the contract itself, but are intended to emphasize key sections and help you follow the text. We’ve tried to be fair and straightforward. Please feel free to email us if you have any questions or suggestions!
This is the operations policy collection of legal information, or laws that you must know when NRCW, Net Radio Communications Worldwide, Net Radio Communications Worldwide LLC, nrcworldwide.com, nrcw.biz and/or our subsidiaries of the listed are present (hereafter "NRCW"). These govern all interactions and communications, including services (and products) by NRCW as well as use of any website under the complete control of NRCW.
SECTION 1 - TERMS: GENERAL OVERVIEW
§001.001 Accepting the Terms of Service : Please read these Terms of Service and our Community Guidelines (collectively, the "Agreement") carefully before using this website (the "Site") and/or the other domains, websites, products, applications, mobile applications, services, and/or Content provided by Net Radio Communications Worldwide LLC (hereafter "NRCW" or "NRCW Companies") and its subsidiaries (all of those collectively with the Site, the "Services") (NRCW LLC, a Pennsylvania company and The MAPP LLC, and wholly-owned subsidiary of NRCW LLC, an Ohio company DBA NRCW LLC, collectively with its agents, representatives, consultants, employees, officers, and directors, "NRCW," "we," or "us"). By using or accessing the Services, you ("Subscriber" or "you") agree to be bound by all the terms and conditions of this Agreement. If you don’t agree to all the terms and conditions of this Agreement, you shouldn't, and aren't permitted to, use the Services.
§001.002 Modifications to this Agreement: NRCW reserves the right to modify this Agreement by (1) posting a revised Agreement on and/or through the Services and (2) providing notice to you that this Agreement has changed, generally via email where practicable, and otherwise through the Services (such as through a notification on your NRCW Project Management Dashboard or in our mobile applications). Modifications will not apply retroactively. You are responsible for reviewing and becoming familiar with any modifications to this Agreement.
§001.002 Review of This Agreement: We may sometimes ask you to review and to explicitly agree to (or reject) a revised version of this Agreement. In such cases, modifications will be effective at the time of your agreement to the modified version of this Agreement. If you do not agree at that time, you are not permitted to use the Services.
§001.002 Revisions Without Explicit Review: In cases where we do not ask for your explicit agreement to a modified version of this Agreement, but otherwise provide notice as set forth above, the modified version of this Agreement will become effective fourteen days after we have posted the modified Agreement and provided you notification of the modifications. Your use of the Services following that period constitutes your acceptance of the terms and conditions of this Agreement as modified. If you do not agree to the modifications, you are not permitted to use, and should discontinue your use of, the Services.
Note: if you have prepaid for any Paid Services (as defined below) prior to a modification of this Agreement, your use of such prepaid Paid Services is governed by the version of this Agreement in effect at the time Tumblr received your prepayment. As NRCW and our subsidiaries continue to grow and improve, we might have to make changes to these Terms of Service. When we do, we'll let you know.
SECTION 2 – DEFINITIONS & INTENTIONS
§002.001 Definitions: This website, our companies and our operations is owned and managed by Net Radio Communications Worldwide LLC. (hereafter "NRCW" or "NRCW Companies") and is part of the NRCW family of companies, which includes other quality entertainment brands such as private broadcast promotion radio, multimedia production work, services, internet-only radio and IP-based network television / video production, computer services, client websites and The Marketing Advertising and Promotion Professionals [The MAPP™] which each of are an independent "NRCW Website," and collectively the "NRCW Websites").
Tip: See a list of ALL of our companies at http://www.nrcworldwide.com/companies and a list of MOST of our website clients at http://nrcw.biz/portfolio which will show you most of the websites and business operations covered by this policy / agreement. This agreement cover inclusively, but is not limited to Cincinnati AHL, Northland Ice Center, DJ E P Stylez™, Club MYX™, The MAPP™, NRCW TV™ and NRCW PIX™ just to name a few.
§002.002 Locality: This Agreement and the Additional Terms of this and all other websites shall be governed by, construed and enforced in accordance with the laws of the States of Pennsylvania & Ohio, as it is applied to agreements entered into and to be performed entirely within such state, without regard to conflict of law principles. You agree that any cause of action you or NRCW brings to enforce this Agreement and/or the Additional Terms, or in connection with any matters related to this NRCW Website and/or the Privacy Statement, shall be brought only in either the state or federal courts located in Cincinnati, Ohio or Harrisburg, Pennsylvania. If the entity is not of either state locality, the state of Ohio shall take precedence. In that case, you agree to submit to the personal jurisdiction of the courts of the State of Ohio, Hamilton County for any cause of action arising out of this Agreement. You agree to file any cause of action with respect to this Agreement within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.
§002.003 Validity: If any provision of this Agreement, or the application thereof to any person or circumstances, is held invalid or for any reason, unenforceable including, but not limited to, the warranty disclaimers and liability limitations, then such provision shall be deemed superseded by a valid, enforceable provision that matches, as closely as possible, the original provision, and the other provisions of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Unless expressly provided otherwise, this Agreement is the entire agreement between you and NRCW with respect to the use of this and all NRCW Websites and shall not be modified except in writing, signed by an authorized representative of NRCW.
§002.004 How to Respond:
If you ever have any questions concerning this Agreement, you may send them to us by email at http://www.nrcworldwide.com/contact
. You must send any official correspondence via postal mail to:
PO BOX 428812
CINCINNATI, OH 45242-8812
§002.011 These Terms Govern All Interactions: These policies also govern NRCW's non-internet operations, procedures, policies, partnerships and more.
§002.020 Additional Terms (not listed here): Certain products or services offered by this and/or other NRCW Websites (each a "NRCW Internet Service," and collectively "NRCW Internet Services"), and certain areas within this and/or other NRCW Websites may be governed by additional terms ("Additional Terms") presented in conjunction with those products or services. You must agree to these Additional Terms before using those areas or NRCW Internet Services. The Additional Terms and this Agreement shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.
§002.021 Indemnity: You may not use any NRCW website for any purpose that is unlawful or prohibited by this agreement and/or any applicable additional terms. Your access to any NRCW website may be terminated immediately in NRCW's sole discretion, with or without notice, if you fail to comply with any provisions of this agreement and/or additional terms, or for any other reason, or no reason. you agree to indemnify, defend, and hold harmless NRCW, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys' fees, resulting from your breach of any provision of this agreement, the additional terms, or any warranty you provide herein, or otherwise arising in any way out of your use of this NRCW website and any related NRCW Internet service and/or software. NRCW reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with NRCW in asserting any available defenses.
§002.030 Purpose: NRCW is a collection of various, typically service-based, entertainment and production entity & website. We produce services and products for modern technology (including, but not limited to video, audio and media production). NRCW is a collaborative effort to advise and produce original content as well as a reference point for outside information.
§002.031 NRCW may not be targeted for any financial gain.
§002.040 Limitations on Liability: In no event shall NRCW, its subsidiaries, affiliates, distributors, suppliers, licensors, agents or others involved in creating, sponsoring, promoting, or otherwise making available the NRCW Website, services and site contents, be liable to any person or entity whatsoever for any direct, indirect, incidental, special, compensatory, consequential, or punitive damages or any damages whatsoever, including but not limited to:
1) loss of goodwill, profits, business interruption, data or other intangible losses;
2) your inability to use, unauthorized use of, performance or non-performance of NRCW;
3) unauthorized access to or tampering with your personal information or transmissions;
4) the provision or failure to provide any service;
5) errors or inaccuracies contained on the NRCW or any information, software, products, services, and related graphics obtained through the NRCW;
6) any transactions entered into through this NRCW;
7) any property damage including damage to your computer or computer system caused by viruses or other harmful components, during or on account of access to or use of this NRCW or any site to which it provides hyperlinks; or
8) damages otherwise arising out of the use of the NRCW and NRCW Internet Services.
The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if NRCW has been advised of the possibility of damages.
§002.050 Disclaimer of Warranties: Your use of, and reliance on, any advice or information obtained from or through this NRCW website and/or any NRCW service, website or partnership is at your own risk. All content, including software, products, services, information, text and related graphics contained within or available through this NRCW website or NRCW interactive service are provided to you on an "as is," "as available" basis. NRCW makes no representations or warranties of any kind, either express or implied, as to the operation of this website or the information, content or materials included on this website. To the fullest extent permissible pursuant to applicable law, NRCW disclaims all representations and warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or satisfactory quality, fitness for a particular purpose, workmanlike effort, informational content, title, or non-infringement of the rights of third parties. NRCW does not warrant or make any representations that this NRCW website will operate error-free or uninterrupted, that defects will be corrected, or that this website and/or its server will be free of viruses and/or other harmful components. NRCW does not warrant or make any representations regarding suitability, availability, accuracy, reliability, completeness, or timeliness of any material of any kind contained within this NRCW website for any purpose, including software, products, services, information, text and related graphics content.
§002.051 Technical Errors: NRCW is not responsible for any failures caused by server errors, misdirected or redirected transmissions, failed internet connections, interruptions in the transmission or receipt of ticket orders or NRCW interactive services, or any computer virus or other technical defect, whether human or technical in nature.
§002.075 Legal Documents: We are licensed in the USA to transact business through electronic means. We are a licensed federal employer with a federal EIN. We are currently registered in both Pennsylvania (native - non-resident company as permitted by PA law) and Ohio (as “Net Radio Communications Worldwide LLC DBA The Marketing Advertising & Promotion Professionals [The MAPP™] LLC”).
§002.076 Physical Documents: Business licenses, numbers and records are available upon request by authorized agencies (located in our offices). NRCW is licensed to practice sales and is tax compliant in the United States of America. Any and all business conducted outside of these jurisdiction(s) may be denied until our legal representatives can verify compliance with all laws; federal, state and local.
§002.077 Tax Exemptions & Special Projects: Clients may not be permitted to enact contract(s) without amending this clause in writing with the exception of online services with additional terms of service (such as The MAPP™).
§002.078 Our Business Philosophy: We at NRCW believe in preventing any mistakes before they can happen. This takes many hours of legal research and dedication to law.
§002.090 International Use / U.S. Export Controls: Accessing materials on this NRCW Website by certain persons in certain countries may not be lawful, and NRCW makes no representation that materials on this NRCW Website are appropriate or available for use in locations outside the United States. If you choose to access this NRCW Website from outside the United States, you do so at your own risk and initiative, and are responsible for compliance with any applicable local laws. The United States controls the export of any software download-able from this NRCW Website. No software or any other materials associated with this NRCW Website may be downloaded or otherwise exported or re-exported to countries or persons prohibited under export control laws, including but not limited to countries against which the United States has embargoed goods, or to anyone on the U.S. Treasury Department list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Deny Orders. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of any such materials. By using and/or downloading any such materials from a NRCW Website, you represent and warrant that you are no located in, under the control of, or a national or resident of any such country to which such import, export, or re-export is prohibited or are not a person or entity to which such export is prohibited. This NRCW website is governed by and operated in accordance with the laws of United States of America and is intended for enjoyment of residents of the United States. NRCW makes no representation that this website is governed by or operated in accordance with the laws of other nations. By using this site and submitting any personal information, visitors from outside of the United States acknowledge the this site is subject to U.S. law, consent to the transfer of personal data to the U.S., and waive any claims that may arise under their own national laws.
SECTION 3 - NEWS, PUBLISHING & CONTENT COPYRIGHT LAWS
§003.001 Fair Use Notice: This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. Title 17 U.S.C. Section 107"Limitations on exclusive rights: Fair use Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include-- (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors. (Pub. L. 94-553, title I, Sec. 101, Oct. 19, 1976, 90 Stat. 2546; Pub. L. 101-650, title VI, Sec. 607, Dec. 1, 1990, 104 Stat. 5132; Pub. L. 102-492, Oct. 24, 1992, 106 Stat. 3145.)"
§003.002 Claiming Fair Use: If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner. We operate under the Freedom of Information Act, GPL Open Source Content and Creative Commons licensing, especially regarding our information-focused content websites and blog pages.
§003.003 Website Linking: Linking to any NRCW Website: You do not need any permission to link to any of the pages on this site.
§003.004 Limited Copyright for Distribution: Limited copyright is granted for you to use and/or republish any of the press releases on this site for any legitimate media purpose as long as you reference the company name and main website address (e.g. NRCW (NRCWorldwide.com) or NRCW PIX (pix.NRCW.biz) etc. in clearly visible space at the top of the republished works. If you are ever unsure, please contact us first, we're very honored for you to write us.
§003.005 Republication: Republication of any content for or around a competing market, including our pricing: Using the press releases from the NRCW network of sites on other sites that offer competing services to those offered by NRCW, including but not limited to press release distribution, is expressly prohibited under the terms of this copyright.
§003.006 Enforcement of Our Trademarks: Our business model, pricing plan, methods of providing customer support & more are all trademarks of NRCW Companies.
§003.007 Press Releases: Non-press release pages (Press Release Tips, About NRCW or NRCW Publishing, etc..) cannot be republished without prior written consent of NRCW. You may, however, link to these pages from your site.
§003.008 Adult Material: Some parts of this NRCW website may contain adult content intended for people who are at least 18 years old. By viewing this adult content, you are representing that you are at least 18 years old and that the content is acceptable to you. Filtering software is commercially available which can be used to exclude content that is not acceptable to you. This software may prevent the display of all or portions of the NRCW Website content.
SECTION 4 - INTELLECTUAL PROPERTY
§004.001 Intellectual Property Definitions: The NRCW Website, and all of its contents, including but not limited to articles, other text, photographs, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, NRCW logos, titles, characters, names, graphics and button icons (collectively "Intellectual Property"), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by NRCW or by other parties that have provided rights thereto to NRCW.
§004.002 Intellectual Property Distribution: You may not, and agree that you will not, reproduce, download, license, publish, enter into a database, display, modify, create derivative works from, transmit, post, distribute or perform publicly by any means, method, or process now known or later developed, decompile, reverse engineer, disassemble, use on another computer-related environment, transfer or sell any Intellectual Property, information, software or products obtained from or through this NRCW Website, in whole or in part, without the express written permission of NRCW.
§004.003 Third Party Content (Forums, Comments, Reviews, etc.): Other trademarks, service marks, product names and company names or logos appearing on this NRCW Website that are not owned by NRCW may not be used without express permission from their owners.
§004.004 Additional Terms: Unless otherwise expressly permitted, websites may not hyperlink to any page beyond the homepage of this NRCW Website, or frame this NRCW Website, or any web page or material herein, nor may any entity include a hyperlink to any aspect of the NRCW Website in an email for commercial purposes, without the express written permission of NRCW.
§004.020 Copyright Infringement: NRCW respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. By submitting any material or photographs through this NRCW Website, you are granting permission to have this material posted on this NRCW Website, and are representing that you are the rightful owner of the submitted material, and that no one else may claim rights to this material. NRCW reserves the right to remove access to infringing material. Such actions do not affect or modify any other rights NRCW may have under law or contract. You can find our procedures for providing notice of alleged copyright infringement here.
§004.031 Claim Requirements: Required Content for Copyright Claim: Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit NRCW to locate the material.
Information reasonably sufficient to permit NRCW to contact the complaining party, such as an address, telephone number, and, if available, an email address.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
§004.035 Process Clarification: This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
§004.050 Third Party Liability: No third-party licensor shall have any liability for the accuracy or completeness of this service or any component thereof or for delays, non-authenticity, omissions, or other defects therein nor for any claims or losses arising therefrom or occasioned thereby, including, without limitation, any lost profits, indirect, special, or consequential damages. Any third party licensors have exclusive proprietary rights from the information received via the service. Customer, end-user, or visitor, as applicable, shall not use or permit anyone to use the information provided through the service for any unlawful or unauthorized purpose. Customer, end-user, or visitor, as applicable, is not authorized or permitted to furnish such information to any person or firm for reuse or retransmission without prior written approval of the source of such information. Provision of the information on the service is subject to termination in the event that any agreement between a third party licensor and a provider of information distributed through the service is terminated in accordance with its terms. Third party licensor and its subsidiaries, affiliates, information providers and content partners shall have no liability for investment decisions based on the information provided hereby.
SECTION 5 - COMMUNICATION WITH NRCW COMPANIES
§005.002 Procedure for Violation: If you or any company you represent disregard this, we may pursue criminal charges including harassment to the full extent permitted by local and federal laws. This section applies to everyone using NRCW contact information. If you are found guilty by means of internal investigation by NRCW of supplying information to third parties, both you and the third party(s) will be held accountable for violation of this section of the NRCW Terms of Service. If you are found guilty of collecting, sharing or distributing contact information exclusive to any NRCW Company, you may: be prosecuted to the fullest extent of the law; be fined a hefty amount of compensation for disruption of service; be investigated internally for fraud, illegal or unfair business practices. If you have obtained information from another party by paying for the information, by law you must report the company that: sold you our contact information; provided any contact information to you; if we receive full cooperation from you, you will not be prosecuted, however, by providing us this information you are hereby agreeing to represent NRCW LLC in court; however if you do not provide us this information and we discover who provided the information; you may also be prosecuted to the fullest extent that law provides; we will investigate any abuse of this policy immediately and with full attention!
§005.003 Use of Business Cards: No one shall use or distribute personal information of our employees without requesting direct permission from a corporate supervisor. If any company or individual adds one of our company email addresses to any mailing or distribution list without permission, this dictates a violation of this policy. This same applies to direct marketing offers, phone policy and any other means of communication.
§005.004 Preventative Measures: Notices regarding these Terms are posted with all written business done with NRCW. We do not share our information with any third party whose terms of service violate this cause. You will see a section at the bottom of all email communications sent from NRCW regarding this entire section. If we have contacted you first, you will always be informed that you are bound by these sections. This applies, but is not limited to phone, email or fax.
§005.005 Applicable Terms: All communications with NRCW is bound by the Terms associated with this website (found here; literally, here here). These procedures and policies are in place to reduce SPAM, protect personal security and provide client oriented services without disruption.
§005.006 Guarantee of Correspondence: Any company hosting email access or spam protection to self or members of a domain hold the responsibility of allowing email from NRCWorldwide.com and subsidiarity domains to be on their white list ("non-spam"). For individuals corresponding with NRCW, it is your responsibility to add *@nrcworldwide.com, *@nrcw.biz, *@themapp.biz or any NRCW domain that you transaction with to your "safe senders" list to ensure communications are received. In the event of electronic billing you will receive an email from the domain name you are partnered with or a secure email from a certified secure PayPal email address to process your transaction securely.
SECTION 6 - CHANGES TO THIS AGREEMENT
§006.001 Overview: This Agreement is effective as of December 7, 2007. NRCW reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement and/or the Additional Terms at any time. NRCW will provide notice of such change on this NRCW Website (Date Modified). A notice of major changes will be sent to all parties in the NRCW Network. It is your responsibility to review this Agreement and/or Additional Terms periodically for changes. Your continued use of the NRCW Website and/or NRCW Internet Service constitutes your acceptance and agreement to be bound by these changes without limitation, qualification or change. If at any time you do not accept these changes, you must immediately discontinue use of this NRCW Website and/or the NRCW Internet Service to which the changes may apply.
§006.002 Your Responsibility: NRCW may from time to time change the terms and conditions governing this premium service and all services. It is important that you regularly review these terms and conditions to stay informed with regard to any changes in the terms and conditions governing your use of this premium service. Your continued use of this premium service constitutes your agreement to all such terms and conditions.
SECTION 8 – EMPLOYMENT
§008.001 Overview: We are an Equal Opportunity Employer
§008.002 Statement: NRCW is fully committed to Equal Employment Opportunity and to attracting, retaining, developing and promoting the most qualified employees without regard to their race, gender, color, religion, sexual orientation, national origin, age, physical or mental disability, citizenship status, veteran status, or any other characteristic prohibited by federal, state or local laws. We are dedicated to providing a work environment free from discrimination and harassment, and where employees are treated with respect and dignity. When a conflict occurs, the company promptly addresses the matter. Should an employee feel they have been unfairly treated, they should report the matter to their Human Resources Representative, or a member of NRCW's Legal, Labor and Employment Department, or call the Compliance Hotline.
SECTION 9 - SUBSIDIARIES AND CLIENTS OF NRCW COMPANIES
§009.002 Third Party & Social Networks: Other websites such as contracted disk jockeys' websites may be subject to third party TOS (Such as MySpace and Facebook). You are bound by those third party contracts and NRCW assumes no responsibility whatsoever as stated in the above sections (including but not limited to chapters 13, 15, 21 and 22 sub chapters 01 of this document)
SECTION 10 - CUSTOMER CONTRACTS
§010.001 Modification/Termination by NRCW: NRCW reserves the right, in its sole discretion, to modify, suspend, or terminate this NRCW Website and/or any portion thereof, including any NRCW Internet Service, and/or your account, password, or use of any NRCW Internet Service, or any portion thereof, at any time for any reason with or without notice to you. Termination of your account for a NRCW Internet Service removes your authorization to use the NRCW Internet Service. In the event of termination, you will still be bound by your obligations under this Agreement and any Additional Terms, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, NRCW shall not be liable to you or any third-party for any termination of your access to a NRCW Internet Service.
§010.002 Interactive Services: This NRCW Website may offer certain NRCW Internet Services having interactive components such as bulletin boards, chat rooms, blogs, forums and other forms of interaction (collectively "NRCW Interactive Services"). Additional terms may cover these services, which appear on the pages where these services are available.
§010.003 Subscription Services: This NRCW Website may offer certain NRCW Subscription Services such as newsletters and Real Simple Syndication ("RSS") feeds (collectively "NRCW Subscription Services"). By registering for a NRCW Subscription Service, you will be subject to any charges and rules set forth in the description of that service
§010.004 Premium Services: Some NRCW Internet Services on this NRCW Website, including certain NRCW Interactive and Subscription Services, may be offered to you conditioned on your payment of a fee ("NRCW Premium Service"). By using a NRCW Premium Service, you will be subject to any charges and rules set forth in the Additional Terms for that service.
§010.005 Contests, promotions, sweepstakes & drawings: For additional terms applying to all contests or sweepstakes conducted by this NRCW Website, refer to this site's contest or sweepstakes information.
SECTION 100 – LEASED CONTENT WEBSITES
§100.001 Leased Content Overview: Leased Content Websites are the complete intellectual property of NRCW. In exchange for the ownership of content, client hereby agrees to pay for services only. Upon decision to purchase website, client must pay the initial development cost minus any earned credit (the purchase value, which is stated on their most recent annual review). Depending on personal contracts, this value may actually increase over time if services rendered are less than the amount paid. NRCW reserves the right to cancel, discontinue, delete, modify or change any content under a leased content agreement at any time for any reason or no reason at all.
§100.002 Definitions: A Leased Content Website is a full-service multimedia, marketing and advertising package that provides customers with no huge up-front cost to develop modern HTML5, mobile-friendly, social-media-integrated, full-service development custom content managed website for one set monthly rate for the duration of the contract (typically two years).
§100.003 Options: We have focused on the "we do everything" concept and included the option of the "we train your staff members to do it" if you want to with full access controls and state-of-the-art technologies.
§100.004 We Must Prove Ourselves First: We give you the responsibility of us earning your trust and respect because our reputation and revenue (for initial development time) is earned over the lifetime of the contract.
§100.005 Ongoing Support Hours: Service and support hours are included in your monthly payment thus eliminating any concern for paying more.
§100.006 Support Hours Definitions: Hours are maximized or capped each month depending on your package. We do not offer a roll-over plan! Use Them or Lose Them! (Without this, the marketing does not work):
This encourages clients to use up all their time each month
The actual rate you pay per hour of time is dependent on the clients motivation to use those hours
If the client keeps publishing content and improving the website, we both look better! Win-Win!
§100.010 What's Included: The ENTIRE NRCW Companies Portfolio is available to every client, no matter what their package level is, including our attention-getting Search Engine Optimization, video production services, in-network advertising, limited advertising on national networks, PC repair, DJ services etc.
§100.011 Web Account Terms: These apply to any person or business conducting business for web design, web hosting, or maintenance.
Clients that have a web hosting accounts or conduct web site design/update/maintenance services with NRCW will make payments according to the Terms of Billing as stated above.
Web services will be suspended for non-payment of ANY service. Web hosting, Internet accessible files, and email will be suspended if any payment is 5 days past the due date on your first invoice.
Suspension of web accounts (Internet accessible files and email) will be done without additional notice. NRCW will not be responsible for loss of business, monetary losses, or email delivery due to non-payment.
All web accounts that reach 60 days past due will have exactly 72 additional hours to purchase the intellectual property from NRCW to move their files and accounts to another provider before they will be permanently deleted from NRCW servers.
Please pay on time and before or on the invoice due date to avoid loss of web services.
§100.020 Domain Names: Unless otherwise noted, domain name renewals are the sole responsibility of the client. NRCW will not be responsible for loss of domain name(s), domain name(s) usage, or renewals if the client is in control of his or her domain name or has a 3rd party managing the domain name. Domain name renewals handled by NRCW will be billed via invoice and will include billable time necessary to maintain registration.
§100.030 The Fine Print: You do not own the website but rather "lease" it until the contract is up.
Your website solution is leased intellectual property.
NRCW LLC does not use any of the data on your website but rather owns the production for the duration of our contract period (typically two years).
We credit up to 25% of your payment towards the actual value of your project so that you may purchase the complete solution at any time but while you are a valued customer. Discounted projects will reflect a lower percentage of credit towards the total value but this will not affect the contract length or maturity. This would only apply if a customer wishes to terminate their contract early.
Your monthly fee pays for full support, additional services and website updates up to the maximum hours per month. Are you a motivated business owner that wants to use up your hours every month? Don't sweat it, we'll let you know when you get close and we're not picky about 5 minutes over. Typically trust is built between client and NRCW so we actually become more like partners than a traditional contractor (developer)-client relationship.
This keeps our clients loyal and helps us upkeep the premium support to you in hopes of being recognized as the best web developer company in the world! Best of all, there's no up-front cost to develop a customized commercial website.
§100.040 Billing Summary: We estimate your project cost, contact you with one set monthly rate, develop your website and maintain it for that one set monthly fee. No worrying about hours, no worrying about paying more than your monthly fee.
§100.041 What if things change?: If we are devoting more hours than originally estimated, you get a discount on those additional hours! What if I'm not using my monthly hours? You'll get more advertising but expect us to email you and say: "Hey! Send us an update!". It is a credit based system with no direct upfront cost to develop (some call it a free website but we still own it till it is paid for). Not to mention when you add it all up, our development costs alone can be up to 50% off the competition, especially surrounding eCommerce and commercial projects.
§100.050 NRCW LCWS Contract Cancellation: You may cancel your contract at any time with a two (2) full-months’ notice. The notice must be given in writing and signed by the account owner. Upon receipt of the dated request to terminate services you will have two options:
Buy Out: Request for a pro-rated final-payment estimate using our annual account review form (NRC 10-04) and choose to buy out the project or;
Terminate: Nullify the project once those two additional payments have been made. No digital rights are maintained of content produced, designed, coded, licensed or distributed by NRCW. Addendum (added 4/2009): You may keep your social media sites and search engine listings.
§100.060 Cancellation of [Other] Monthly Service Contracts: These may be terminated at any time. A pro-rated refund shall be issued accordingly upon the date of receipt of the request.
SECTION 101 – BILLING
§101.001 Overview: All clients will receive an invoice or an on-site sales receipt. Invoices are payable to NRCW LLC.
§101.002 Due Date: Invoices terms are Net 14 unless otherwise noted. Past due accounts are due immediately upon receipt of invoice. Late payment fees (see “finance charge”) will apply to invoices not paid by the due date and will continue to be added every 7 calendar days until the invoice payment is received.
§101.003 Late Fees: See Section 101.300
§101.100 Returned (NSF) Checks: NRCW charges a $30.00 fee for returned (NSF) checks to cover bank costs and processing time. Customers that issue an NSF check may be required to submit future payments with a certified check or money order. A late fee may be assessed in addition to this service charge if the returned check invoice is not settled by the posted due date. If this occurs after the due date on your invoice (for example you pay ON the due date), it immediately becomes past-due, meaning you may incur a late fee in addition to your dishonored check service fee. Tip: If you are concerned with low balances in your personal or business banking account, you can avoid this risk by paying at least a week in advance! Tips: Please pay the original invoiced amount in cash or credit card plus the $30 fee to cover the full amount and the additional fees. This gives us a sense that you care and are sorry. It is a federal offense to knowingly write bad checks.
§101.101 Charge-Backs: A $30.00 charge-back fee will be assessed for each credit card charge-back received by NRCW. A late fee may be assessed in addition to this service charge (if applicable). Make sure you write down your monthly payment amounts and if you agreed to automatic billing, you know what we show up as on your statement, when the deduction is taken and who we are.
§101.200 Finance Charge: Our finance charge is 7.08% or 0.0059% per month compounded. The maximum permitted by law is 12% APR in Ohio.
§101.201 Grace Period: We offer a grace period of three (3) days. Please do not take advantage of this.
§101.300 Delinquent Payment Definitions:
§101.301 Non-Payment: All services require payment in a timely manner. If a client is past due on any invoice or service then no additional services will be performed until the account balance on ALL outstanding invoices are paid in full. A company check distributed on arrival for the outstanding balance or a credit card payment will be the only acceptable forms of payment on past due accounts requiring immediate service. Please communicate with us if you are having a problem paying your invoice or paying on time.
§101.302 Partial Payment: Full payment is due by the due date. Partial payments are not accepted unless approved prior to service. Partial payments will be subject to the late fee (0.0058% compounded monthly per invoice) if any amount is outstanding by the original due date. No further services will be provided until full payment for the original invoiced amount is made. Partial payment will be accepted at the beginning of a project with the final amount to be paid by the invoice due date or within 30 days.
§101.310 Late Payment Fee: Late payment fees are applied to each unpaid and remaining balance on partially paid invoices at midnight (12:00 AM) Eastern time the fourth day past the due date (three(3) full days) to cover the additional costs involved in follow-up, postage, and billable time.
§101.400 Credit Card Payments: Credit card payments are available. Please use this option when an invoice is late or you cannot send payment via regular mail. Contact us to arrange a Credit Card payment. Payments mailed to the payment address are preferred. There is a 3% additional charge for credit card processing.
SECTION 102 - COLLECTIONS POLICIES DEFINITIONS AND PROCEDURES
§102.100 Collections Policies Definitions and Procedures:
§102.101 Inactive Status: If there has been no activity initiated by the client on a project in 30 days, but the client has been responsive to status requests by the project manager, said project will be classified as "inactive". Inactive projects are invoiced periodically throughout the fiscal year, to ensure all parties are able to keep their records up-to-date. Please note that an inactive classification has no adverse effect on your account, provided all invoices are paid on time. If your project is incomplete and you have received an inactive project invoice, please rest assured that you are being invoiced only for work actually completed to date, and that you are welcome to re-open the project at any time. Upon payment of your invoice, you will have rights to request delivery of any design files (complete, or otherwise).
§102.102 Delinquent Status: After 30 days, a late payment charge of 0.0059% per month (7.08% p/a) compounded monthly is applied to all delinquent accounts, without exception and retroactive to the date of invoice (when services began), not the date payment is due. If the account remains in default after 60 days, or if the customer's payment is charged back to us by way of credit card fraud, check fraud or other crime, we will issue one final notice before turning the account over to a third-party collections agency. Late fees will continue to accrue on your account, and you will be responsible for all costs incurred for placing you in collections. Refusing to pay your bill is theft, and we take it very seriously. If collection efforts are unsuccessful, we will engage the client in litigation to collect the debt, and all copyright will revert to Sage Media. In such a case, we will retain the right to repossess any and all materials created for the client. The client will have no rights to use the materials in any way, shape or form, and legal action will be taken to enforce this policy.
§102.103 Abandoned Status: If a client should abandon a project by way of negligence (e.g., cutting off contact, refusing to respond to emails or phone calls), an invoice shall be issued for the full quoted amount, regardless of project status on abandonment. Abandoned projects are also subject to an accelerated collections policy, and will be submitted to a third-party collections agency if not paid or addressed within 30 days.
§102.002 Additional Notes: All delinquent accounts will be turned over to a collections agency if payment resolution cannot be attained in 90 days from initial service (60 days after first payment due date).
SECTION 105 - CONSULTATION POLICIES
§105.001 No Show / Cancellation Policy: Cancellation requires 24 hours' notice. If notice is given less than 24 hours in advance, customer is a "no show" for an appointment, or client business needs do not allow access to necessary equipment or areas to complete the appointment then the minimum billable time will apply. Please arrange to have necessary access (keys, codes, passwords, etc.) prior to an appointment. Please inform us as soon as possible if you cannot make an appointment to allow us to reschedule. The exception to this is in-climate weather. In the event that a level two (or above) snow emergency or state of emergency is currently active at your time of appointment, you may assume that your appointment is granted leniency. If you are unsure you must CALL your agent immediately.
§105.002 Trip Charges:
$15 per trip regardless of billable time incurred.
No trip charge will apply for phone support or remote administration support.
In some cases the trip charge will be waived.
A trip charge of $30 for emergency dispatch AND areas outside of standard city trips (examples: West Chester, East Gate, Kentucky, Indiana etc.)
Any locations beyond 20 miles must discuss rates with an authorized NRCW agent.
LCWS customers will deduct the actual travel time from their monthly support hour balance/allowance.
SECTION 110 - TAXES
§110.001 Sales Tax: Posted rates [typically] do not include tax. Tax will be assessed at the current rate for gross taxable receipts in Ohio AND Pennsylvania.
§110.002 Remote Projects: Larger project may require NRCW to register with the state we are to conduct business in.
§110.005 Use Tax: Use Tax is your required responsibility if you have purchased any taxable services from out of state.
SECTION 115 – INITIAL CONSULTATION POLICY
§115.001 One free on-location (mobile) consultation may be offered when promoted good for up to one hour.
§115.002 Additional time will be billed at the regular rate / deducted from monthly service fees if you contract.
§115.003 This applies to any business or organizations home office location or meeting location within a ten (10) mile radius of the 45213 zip code.
§115.004 On site trip charges may be requested and apply outside of this range.
§115.005 A full rate (regular or emergency) may be charged for an improper cancellation or "no show".
§115.006 If a potential client does need to cancel or reschedule within 24 hours, a second initial consultation may be done without penalty as long as the client contracts / partners with us at that time.
Important Note: Please remember that this is a business. I cannot offer free advice or suggest a marketing program during this 15 minute conversation. I am happy and eager to help, but this is my (Drew Eppley's) livelihood.
§115.010 Additional Time: Drew takes pride in being social with clients. As a reputable consultant and a busy multi-business owner, his time is extremely valuable. The amount of time spent on initial consultation or communications may be flexible depending on many factors, including project size, deadlines and ability for clients to pay. Trust is the #1 business relationship building tool our company is recognized for and sometimes getting to know us takes time, references and personal information too.
SECTION 200 - STANDARD RATES, FEES & PAYMENTS
§200.011 Regular Rate: The rate is $97 per consultation hour* billed in 15-minute increments with a 50 minute minimum (a consultation hour). Billable hours are defined as time spent supporting a customer's system or providing technical consultation. On-site trip charges apply.
Note: All in-person meetings are billed using a consultation rate, or rate per 50 minutes.
§200.012 Remote Administration or Phone Support Rates: The rate is $97 per hour (excluding Emergency / Night / Weekend / Holidays) in 30-minute increments with a one (1) hour minimum.
§200.013 Emergency Rate (Emergency and Nights/Weekends/Holidays): $147/hr billed in 30-minute increments with a one (1) hour minimum. All phone calls placed to an emergency number will result in the minimum billable time whether of dispatch, phone support, or remote administration. Phone calls, remote administration, and dispatch outside of normal hours (M-F 9:00am to 5:00pm) will be considered Emergency Rates unless prior arrangements have been made. On site trip charges apply.
§200.014 Specialized Service Rate (Router, firewall, Cisco, Server setup, etc.): $135/hr billed in 30-minute increments with a one (1) hour minimum. Rate applies to consultation and implementation on certified classifications and/or the above listed subjects. Onsite trip charges still apply.
§200.015 Computer Repair: The rate is $97 per hour, billed in 30-minute increments with a 30 minute minimum, including PC Diagnostics and repair, regardless of outcome.
§200.100 All Additional Services: The rate is $97 per hour (excluding Emergency / Night / Weekend / Holidays) in 30-minute increments with a 30-minute minimum.
§200.200 Discounted & Promotional Rates: You may apply discounted / promotional rates over multiple visits as long as the discount is applied at the time of advance payment or contractual obligation (including verbal contracts). Additional trip fees may apply to on location meetings. After one year, remaining balance paid will be refunded to you by mail in the form of a check minus any discounts rate not in excess of the amount owed. You can think of this as a "gift card" that we refund to you. Your credit does not expire and you may request to roll-over your remaining hours up to one additional year. Requests to roll-over credit to the following billing cycle must be made in writing no later than one (1) week prior to the invoicing date otherwise the regular rate will apply. Discounts may not be carried over longer than two years.
§200.201 Example: This applies to promotional rates we publish such as – “1 hour at $100 3 hours at $290”. Again you must have prepaid for these hours in full.
§200.202 Clarification: This section does NOT apply to LCWS℠. Those support hours cannot roll-over.
§200.225 Coupons, Gift Certificates, and Other Discounts: Must be presented at time of service in order to be properly reflected on invoice. Discount cards and gift certificates must accompany payment and be surrendered at time of service. Single use on all discounts and gift certificates unless otherwise noted.
§200.300 Charges for Premium Service: NRCW will provide notice of any charges, or extra charges, before you register for or enter a premium area. You are responsible for any charges for premium content incurred by your account. We are not liable for any loss that you may incur as a result of someone else using your password or account, whether with or without your knowledge. In the event that you pay for a premium service by credit card, you authorize us to charge your credit card account by registering for the service and providing us with your credit card information. You warrant to us that the credit card information that you provide us is correct and is your account.
§200.310 Cancellation of Premium Services:You may cancel your membership in this premium service at any time by contacting us using the contact information provided on this premium service. In the event that you have paid a fee to register on this site, we will return the unused portion of your membership fee on a 52-week pro-rated basis within ninety (90) days of your cancellation of your membership. We reserve the right to terminate your access to this premium service or any portion thereof at any time, without notice. Upon such termination, we shall return the unused pro-rata portion of your membership fee on a 52-week pro-rated basis to you within ninety (90) days of the termination of your access to this service.
SECTION 201 - GUARANTEES & WARRANTIES
§201.001 Product Guarantee: All products from NRCW are under a 100% guarantee. If for any reason you are not completely satisfied with a product from NRCW you may return it for a full refund minus any shipping charges incurred. NRCW services are backed by a service guarantee associated with each individual service and will be found in writing of the contracts for individual services.
§201.002 Services Guarantee: All services are to be considered non-refundable unless explicitly defined in your project or service contract.
SECTION 300 – BUSINESS OPERATIONS
§300.001 Sale Or Merger: If this site is sold to, or merges with, another company not owned by NRCW, you should expect that some or all of the information collected from this website may be transferred to the buyer/surviving company. If so, NRCW will seek to obligate the acquiring company to use any personal information transferred by this site in a manner consistent with this statement, but cannot guarantee that it will be able to impose that requirement or that the acquiring company will comply.
§300.002 Legal Process: You should be aware that NRCW may be required to disclose your personal information to the government or third parties under certain circumstances, such as in court or regulatory proceedings.
§400.000 Cancellation of [Other] Monthly Service Contracts: These may be terminated at any time. A pro-rated refund shall be issued accordingly upon the date of receipt of the request.
§500.001 Overview: This section outlines how we use your contact information. Although you may use many features of this site without completing a registration or sign-up form, visitors who do register and/or sign up for special services may have access to additional features of the site and are more likely to receive information suited to their interests. For example, a registered user is eligible for additional services provided by this website such as listener clubs and personalized content. Our registration and special services sign-up forms may ask you for contact information (like name or email address) and demographic information (like zip code or age). You must provide the information in order to receive the benefits of registration or of the special service.
§500.002 Customization: We may use the contact information you give us to better tailor your website experience to your interests, to request your opinions with respect to media and entertainment, and to send you information about NRCW and its services as well as promotional material on behalf of some of our partners. We may use information that you provide to us to inform you of content on the web, radio and other methods of content delivery, in which you may be interested and to provide or display the content according to your preferences. We will also share this information within the NRCW family in order to enhance your experiences with NRCW.
§500.010 Online Surveys / Contests: From time to time, we may conduct online surveys and contests. These ask you for contact information (like name or email address) and demographic information (like zip code or age). We may use this contact information from our surveys and contests to provide you with information about our company and promotional material on behalf of some of our partners, and to contact you when necessary but only when relevant to the operation (such as client surveys or NRCW Networks promotions.
§500.301 Disclaimer of Warranties: NRCW does not control and is not responsible for any notes, messages, billboard postings, ideas, suggestions, concepts or other material, or files delivered to a NRCW interactive website by you or other users. NRCW is not obligated to and does not regularly review, monitor, delete, or edit postings. However, NRCW reserves the right to do so at any time in its sole discretion, for any reason or no reason, and to delete or edit any posting with or without notice. NRCW is not responsible or liable for damages of any kind arising from any postings even when NRCW is advised of the possibility of such damages, or from NRCW's alteration or deletion of any posting.
§500.302 Disclaimer of content: The information and opinions expressed in postings on this NRCW Website are not necessarily those of NRCW or its content providers, advertisers, sponsors, affiliated or related entities, and NRCW makes no representations or warranties regarding that information or those opinions. NRCW does not represent or guarantee the truthfulness, accuracy, or reliability of any postings or determine whether the postings violate the rights of others. You acknowledge that any reliance on material posted by other users will be at your own risk.
§500.350 Intellectual Property: Unless otherwise provided, all postings to the NRCW Website automatically and immediately become the property of NRCW without any obligation of confidentiality. NRCW shall be entitled to use the material for any type of use forever including in any media whether now known or later devised. If any court determines that NRCW does not retain exclusive ownership of any posting, then you hereby expressly grant to NRCW a royalty-free, perpetual, irrevocable right to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, sell, sub-license or otherwise distribute and display the Posting for any reason, including for promotional and advertising purposes, alone or as a part of other works in any form, medium or technology now known or later developed, and you waive all moral rights in all such postings.
PO BOX 428812
Cincinnati, OH 45242-8812
§500.365 Limited to Personal and Non-Commercial Use: This premium service is for your personal and non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products obtained from this premium service without our prior written consent. You may inquire about obtaining written permission from us to display or reproduce material from this site by writing:
PO BOX 428812
Cincinnati, OH 45242-8812
SECTION 501 - End User Service Agreement
§501.001 Overview: Anyone using a login, password, or interactive / dynamic data on any NRCW website must agree to the following: “I will not…”
deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as "spam"), chain letters, surveys or contests, or solicit participation in any pyramid schemes.
deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through the NRCW Website, or any postings which advocate illegal activity.
deliver or provide links to any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable.
deliver or provide links to any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.
deliver or provide links to any postings containing defamatory, false or libelous material.
deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.
deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships.
impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.
manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.
use this NRCW service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of the NRCW Website or other users' computer equipment, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment, including by means uploading or transmitting to this Site or NRCW's servers any computer viruses, Trojan horses, worms, or other disabling or harmful software intended to damage, interfere with, intercept or monitor surreptitiously, or take over another computer.
attempt to gain unauthorized access to this NRCW Website, any related website, other accounts, computer system, or networks connected to this NRCW Website, through hacking, password mining, or any other means.
obtain or attempt to obtain any materials or information through any means not intentionally made available through this NRCW Website, including harvesting or otherwise collecting information about others such as email addresses.
§501.100 Full Responsibility: You are solely responsible and liable for postings delivered to the NRCW Website using your account. Any violation of these provisions can subject your NRCW account to immediate termination and, possibly, further legal action.