Terms of Service
For a simplified overview of the ToS, see our Terms of Service in Plain English By accessing, either as a registered customer ("client") or as an anonymous user ("fan"), a www.bombplates.com developed web site ("Service"), The User ("user" or "you") is agreeing to be bound by the following terms and conditions ("Terms of Service" or "ToS"). This is a legally-binding agreement and unless otherwise supplemented, constitutes the entire agreement between The User and Bombplates.com ("us" or "Bombplates").
All Clients must be at least 18 years of age. As Clients can be bands that may be composed of more than one member, this age requirement may be met by any one member of the group or an official representative (i.e. band manager or legal guardian).
You may not access the Service using automated processes or bots except for search engine spiders and RSS feeds.
All aspects of the Service, including proprietary software, graphics and documentation are the property of Bombplates.com, and may only be used or accessed as specifically provided for in this Agreement.
Bombplates.com reserves the right to modify, suspend or discontinue the Service at any time.
Bombplates.com reserves the right to edit/delete website content, terminate accounts, transfer ownership of accounts, or block access to the Service at our sole discretion. Except in special circumstances (as outlined below), Bombplates.com will provide at least 30 days notice before modifying accounts or the Service as mentioned above.
Special circumstances include the following:
- Violation of these ToS. If a user is found to be in violation of these ToS, that user's account may be terminated and site deleted without notice.
- Technical emergencies, acts of God, etc. Some or all users' service may be blocked or unavailable at any time due to unforseen technical difficulties.
- User request. Should the user request that Bombplates.com edit, delete, or transfer ownership of the user's site, Bombplates.com will not provide notice of said changes.
All support is conducted via email. Client must at all times maintain a valid email address associated with their account. If client fails to maintain a valid email address, Bombplates is absolved of responsibility for lost communications and missed notices.
Trademark and Copyright
- You must own the intellectual property (copyright and trademarks) of any material uploaded to our servers or be licensed by the owners to do so.
- You may not copy, resell, or reuse any portion of the Service, including HTML, CSS, graphics, software, or any code.
Bombplates does not allow any of the following content, or links to external sites with such content on user sites:
- Sexually explicit or pornographic material.
- Illegal content of any nature.
- Any content that is threatening, obscene, vulgar, or incites hate.
You may not de-compile, disassemble, reverse engineer, copy, create a derivative work, or display the proprietary Software code in human readable form, or otherwise use the Services (which includes its software and documentation) except as explicitly provided for in this agreement.
You may not exceed your accepted level of access to Bombplates systems. This includes administrative accounts, other users' accounts, and Bombplates.com servers and systems. Clients may access the anonymous, public sections of all Bombplates sites and the user interface sections of their own account(s) only. Fans may only access the anonymous, public sections of Bombplates websites. Clients may grant fans access to portions of their websites that would normally be considered private, user-interface sections. Such sections will then be considered anonymous, public sections, and fans who access them will not be in violation of these ToS.
We reserve the right to throttle bandwidth if you are exceeding reasonable use.
Fees, Expenses, and Payment
- You agree to pay bombplates.com a monthly hosting fee for use of the service.
- All hosting fees are billed on the first of each month, beginning on the first full month after the Client signs up Bombplates.com's service and the Client's trial period ends.
- Hosting fees are billed through Bombplates parent company MCN Interactive
- If client requests custom changes to Client's site, such changes will be be done entirely at Bombplates.com's discretion and will be billed at an hourly rate.
- Prices for the Service can change at any time, subject to 30 days notice.
- Bombplates may use a third-party billing system to handle credit-card transactions and data storage. Bombplates will make all reasonable and legal efforts to protect clients' personal and financial data from malicious users. Regardless, the Client agrees that Bombplates is not responsible for damages to the Client, including financial damages, incurred by use of the Bombplates service except as required by law.
- The Client is responsible for ensuring that the payment information Bombplates has is valid and up-to-date.
Refund/Cancellation/Charge back terms
- Cancellation of hosting should be submitted to firstname.lastname@example.org and must come from the authorized email address on record with your account.
- Cancellation must be submitted a minimum of 2 business days prior to the next monthly billing cycle to prevent from being billed on the next billing cycle.
- All prepaid hosting plans are final and non-refundable. Cancellation of prepaid hosting services will end your service only. Any new service will not be prorated by prior hosting plan cancellations.
- There are no refunds for monthly plans. All monthly plans can be cancelled at any time for the following month of hosting.
- Websites will be permanently deleted after cancellation.
- Credit card or PayPal charge-backs will incur a fee of $100 to reinstate accounts. Client sites that incur charge-backs will be permanently deleted.
- Bounced checks will incur a fee of $25 to reinstate accounts.
We are not liable for any domain name related issues, including but not limited to domain name ownership, failure to register, or domain renewals.
INTELLECTUAL PROPERTY RIGHTS AND LICENSE.
The User is not granted a license or any other right to store any of the Services (including any portion of the software or documentation) on any computer or other device, or copy or otherwise use such information to create derivative works.
Except as otherwise set forth in this agreement, The User and Bombplates agree that Bombplates shall own all worldwide right, title, and interest in and to the Web Site Content (Web Site Content is defined as its source code, graphic design, documentation, and any other media developed or created by Bombplates not mentioned).
Web Site Media is defined as media content created by a client and hosted on a bombplates site, including audio, video, images, graphics, and all text (including, but not limited to, blog and news posts, "tag lines", and fan-generated comments) uploaded to a Bombplates.com website through the user interface. Client shall be responsible for researching, obtaining, and filing all trademark, copyright, patent, or other intellectual property protections for the submitted Web Site media.
Client retains ownership of all Web Site Media but grants Bombplates world-wide, royalty-free, and non-exclusive license to use said media both within client's Bombplates.com website and for Bombplates.com marketing purposes as a demonstration of Bombplates services. Such license shall extend for the duration of client's patronage of Bombplates.com plus 30 days. These images may be taken down 30 days after client gives notice to Bombplates that you no longer want your photo used.
Client and Bombplates also agree that the design and development of Client's Web Site may include source code, documentation, and/or application programs that were previously written or developed by Bombplates and modified to meet Client's specific requirements. Such content still qualifies as Web Site Content as outlined above. Bombplates agrees that it either owns or will own any rights that it claims to own and which Bombplates assigns to Client. Bombplates will assign any intellectual property rights to Client that are consistent with this section. Third party content used in the web site remains the property of its respective owner.
This section applies only to custom designs. If you use one of the "off the shelf" designs, you will not be working with an artist.
All designs and design modifications are original creations of the artist (designer). The artist will make a best effort attempt to visually create your vision based on the information and graphics you provide at the time of your bombplates.com subscription. You have retained a bombplates.com artist to interpret your ideas and create media based on the unique styles of the designer assigned to your project. The quality of information you provide to the designer to help him/her understand your vision greatly effects how close the designer will come to creating what you envision for your project's design look and feel.
bombplates.com will integrate your graphics based on the information you provide, but final design decisions are the sole discrestion of the artist. Once the artist has completed the graphic integration/modifications and pushed the site live, requests for additional changes may be made directly to Bombplates.com. Whether or not these changes will be made is at the discretion of Bombplates, and additional design fees will be charged if changes are made.
Indemnification and Warrantees
Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis.
We do not warrant the Service will be secure, error free or uninterrupted. We are not responsible for any loss of data on our servers.
User shall indemnify and hold harmless Bombplates (and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees) from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys' fees and all related costs and expenses) incurred by Bombplates as a result of any claim, judgment, or adjudication against Bombplates related to or arising from (a) any photographs, illustrations, graphics, audio clips, video clips, text, data or any other information, content, display, or material (whether written, graphic, sound, or otherwise) provided by Client to Bombplates (the "Client Content"), or (b) a claim that Bombplates's use of the Client Content infringes the Intellectual Property rights of a third party.
THIRD-PARTY DISCLAIMER. BOMBPLATES MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY THIRD-PARTY PRODUCTS, THIRD-PARTY CONTENT OR ANY SOFTWARE, EQUIPMENT, SERVICE, OR HARDWARE OBTAINED FROM THIRD PARTIES.
Limitation of Liability
IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR CONNECTED IN ANY WAY WITH THIS AGREEMENT OR THE WEB SITE, OR FOR ANY CLAIM BY ANY THIRD PARTY. THE TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) TO THE OTHER SHALL NOT EXCEED THE DESIGN LICENSE FEE. THIS LIMITATION OF LIABILITY SHALL APPLY EVEN IF THE EXPRESS WARRANTIES SET FORTH ABOVE FAIL IN THEIR ESSENTIAL PURPOSE.
If a breach of these terms results in damages or costs to Bombplates, they will be billed to the User (including but not limited to: data transfer, storage space, legal costs.)
Nothing herein contained shall be construed as in any way constituting a partnership between Bombplates and the User, or be construed to evidence the intention to constitute such a legal relationship.
If for any reason any provision of these terms of service shall conflict with any statute, law, regulation or ordinance, then in such event the provision in question shall be modified only to the extent necessary to bring it within such requirements, and (as modified) these terms of service shall continue in full force and effect.
No waiver by Bombplates hereto of any breach by the user hereto of any provision of these terms of service shall be deemed a waiver of any other breach of the same or any other provision of these terms of service.
These terms of service are governed by and construed in accordance with the State of Tennessee, and are applicable to all international users including the UK and the USA.
Clients have their billing address and full name stored. This information is not shared with any other organization unless we have your approval, or the information is required to investigate or prevent illegal activities, fraud, or violation of our terms of service.
We will not contact you after your account has expired for 30 days. To access the Service, an electronic cookie with a unique identifier is required. To access the Service, Bombplates.com will store a uniquely-identified cookie on your local system. This cookie will not contain any personally-identifiable information; nor will it be disclosed to any third parties.
Bombplates reserves the right to modify these terms at any time without notification. For questions about the terms, contact support@Bombplates.com. These ToS can be found online at http://www.bombplates.com/terms/