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Terms of Service
Sound Message, LLC publishes two separate Terms of Service agreements, which may be found here (www.soundmessage.com/terms.html):

  1. Web Site Terms of Use
  2. Sound Message, LLC Service Agreement.

1. WEB SITE TERMS OF USE

ACCEPTANCE OF TERMS THROUGH USE

By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use").  If you do not agree to these Terms of Use please do not use this site.  We reserve the right, at our discretion, to update or revise these Terms of Use.  Please check the Terms periodically for changes.  Your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

POSSIBILITY OF INACCURACIES OR TYPOGRAPHICAL ERROR

Information on this web site may contain inaccuracies or typographical errors.  Information may be changed or updated without notice.  This web site does not constitute an offer or contract.

THIRD PARTY SITES

This site may produce automated search results or otherwise link you to other sites on the Internet.  These sites may contain information or material that some people may find inappropriate or offensive.  These other sites are not under the control of Sound Message, LLC and you acknowledge that Sound Message, LLC is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites.  The inclusion of such a link does not imply endorsement of the site by Sound Message, LLC or any association with its operators.

PROPRIETARY RIGHTS

You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws.  Except as expressly authorised by Sound Message, LLC, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.  Notwithstanding the above, you may print or download one copy of the materials or content on this site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices.  Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Sound Message, LLC is prohibited.  In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of Sound Message, LLC.  Permission is granted only when certain limited criteria are met.  For information on requesting such permission, please contact us.

USER'S GRANT OF LIMITED LICENSE

By posting or submitting content to this site, you:

1. grant Sound Message, LLC, and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, anywhere and for any purpose; and

2. warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Sound Message, LLC will not infringe or violate the rights of any third party.

PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify Sound Message, LLC by any of the methods available here.

DISCLAIMER OF WARRANTIES

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE.  THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.  SOUND MESSAGE, LLC, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL SOUND MESSAGE, LLC, ITS SUBSIDIARIES, OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE, OR ANY OTHER HYPERLINKED WEB SITE.  THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF SOUND MESSAGE, LLC HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOUND MESSAGE, LLC'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNIFICATION

Upon a request by Sound Message, LLC, you agree to defend, indemnify, and hold harmless Sound Message, LLC and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of this site.  Sound Message, LLC reserves the right, at it own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Sound Message, LLC in asserting any available defences.

INTERNATIONAL USE

Sound Message, LLC makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited.  Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

CHOICE OF LAW AND FORUM

These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, excluding its conflicts of law rules.  You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this site shall be filed only in the state or federal courts located in the Commonwealth of Pennsylvania, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Sound Message, LLC with respect to this site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and Sound Message, LLC with respect to this site.  If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

TERMINATION

Sound Message, LLC reserves the right, in its sole discretion, to terminate your access to all or part of this site, with or without notice.


2. SOUND MESSAGE, LLC SERVICE AGREEMENT
This is Sound Message, LLC Service Agreement Version Number 1.01

INTRODUCTION

In this Service Agreement ("Agreement"), "you" and "your" refer to each customer ("Customer") and "we", "us" and "our" refer to Sound Message, LLC ("Sound Message, LLC ").  This Agreement explains our obligations to you, and your obligations to us in relation to your use of our services.  By selecting Sound Message, LLC's service(s) you have agreed to establish an account with us for such service(s).  When you use your account or permit someone else to use your account to purchase or otherwise acquire access to additional Sound Message, LLC service(s) or to modify or cancel your Sound Message, LLC service(s) (even if we were not notified of such authorisation), this Agreement covers any such service or actions.  BY USING SOUND MESSAGE, LLC'S SERVICES, A CUSTOMER AGREES TO COMPLY WITH AND TO BE LEGALLY BOUND BY THE SERVICE AGREEMENT AS PUBLISHED ONLINE OR OTHERWISE AVAILABLE FROM SOUND MESSAGE, LLC FROM TIME TO TIME.  If the Service Agreement, Sound Message, LLC's services, or pricing is or becomes unacceptable to a customer, the customer's only right shall be to terminate its account in accordance with this Agreement.  Sound Message, LLC may change this Service Agreement in the future upon notice published online or otherwise provided by Sound Message, LLC.

FEES, BILLING, AND PAYMENT TERMS

As consideration for the service(s) you have selected, you agree to pay Sound Message, LLC the applicable service(s) fees.  All fees are due immediately upon notification (detailed below) and are non-refundable.  Sound Message, LLC may take all remedies available to collect fees owed.  Some of Sound Message, LLC's services are offered for various terms on a subscription basis (including, but not limited to, web hosting accounts, domain name registrations, and other recurring services).  Any new purchase or renewal of any service(s) with us is subject to our then current Service Agreement and payment of all applicable service fees at the time of new purchase or renewal.

Sound Message, LLC will bill you for any service(s) rendered by electronic and/or paper invoice.  Payment of service fees are due immediately upon receipt of an invoice detailing those fees. Invoices unpaid 20 days after the invoice date will be considered past due.

Rate changes will be effective when published on-line or otherwise provided to customers.  Payments not received on the due date are considered delinquent and are subject to immediate suspension.  Payments not made within 30 days of original billing date are subject to immediate termination without notice.  Fees for services billed on a subscription basis (i.e., on a regular calendar schedule) will not be pro-rated.

If you pay by check, a returned check will result in a $15 service charge.

CONTINUATION, RENEWAL, AND CANCELLATION OF SERVICE(S)

For services billed hourly, Sound Message, LLC will continue to perform such services until a customer's request has been fulfilled.  If a customer wishes to limit the amount of time that Sound Message, LLC should work to fulfil a particular request, then that customer must notify us of this condition before we begin working on that request.  Otherwise, a customer agrees to pay Sound Message, LLC the determined hourly rate until the request is either fulfilled by Sound Message, LLC or cancelled by the customer.  Should a customer cancel a request after work has commenced on that request, then the customer will be required to pay the determined hourly rate for the work completed up to the receipt of the request to cancel.

For services billed on a regular calendar schedule, Sound Message, LLC will continue to renew these services on your behalf until notified that you wish to cancel these services.  Unless otherwise noted, cancellations will become effective at the end of the current service period.  Cancellation requests must be received prior to the end of the current service period, or you will be billed in full for the next service period.  For example, for one year of web site hosting service beginning on 1 June 2000 and ending on 31 May 2001, a cancellation request must be received prior to 31 May 2001, or Nathan Productions may bill you in full for web hosting service beginning on 1 June 2001 and ending on 31 May 2002.
Cancellation requests must be made by telephone.  Cancellations may also be submitted in writing by regular post or electronic mail, but for the security of your account Sound Message, LLC reserves the right to seek telephone verification of cancellation requests before putting the cancellation into effect.

Accounts terminated for non-payment will be re-activated only upon the receipt of the full amount past due and a written request to re-instate the account.

Please note that Sound Message, LLC may take up to thirty days to re-activate any account that was terminated due to non-payment.

Sound Message, LLC reserves the right to cancel any account at any time for any reason.

THIRD PARTY SERVICE PROVIDERS

For certain services, such as web site hosting, Sound Message, LLC makes use of third-party service providers.  By requesting these services through Sound Message, LLC, you agree that Sound Message, LLC is authorised to purchase those service(s) on your behalf and that you are bound as a principal by all terms, conditions, service agreements, and any other contracts set fourth by all third party service providers.  By acting on your behalf, Sound Message, LLC certifies that we are authorised to apply for these services on your behalf, that we are authorised to bind you to the terms, conditions, service agreements, and any other contracts set forth by all third party service providers, and that we have apprised you of any information of that kind. In addition, you are responsible for any errors made by Sound Message, LLC. Neither we nor our third party service providers will be obligated to refund fees paid by you for any reason, including, but not limited to, in the event that any party fails to comply with the terms and conditions of this Agreement, incorrectly provides information in the application process for any service, or changes or otherwise modifies your any record incorrectly, including your domain name.

In addition, Sound Message, LLC reserves the right to establish new accounts with our third party service providers on an "as needed" basis to fulfil our obligations to our customers.  Whilst we do provide all of the service(s) requested and paid for by a customer in their entirety, Sound Message, LLC reserves the right to do so using the most efficient and/or profitable means for us, including, but not limited to, merging and/or sharing third party service provider accounts with other otherwise non-related and/or non-affiliated Sound Message, LLC customers.  Therefore, a customer must to allow up to 30 days processing time to transfer any service(s) to that customer's independent control or to transfer any service(s) to other service providers. Sound Message, LLC is also not responsible for the time it takes our third party service providers to process any requests that we make on behalf of our customers.

MODIFICATIONS OF SERVICE

The services provided by Sound Message, LLC are expected to change from time to time.  Sound Message, LLC reserves the right to change any service offered or the features of any service offered without notice.

LAWFUL USE OF SERVICE

Sound Message, LLC's services may only be used for lawful purposes and in a manner in which Sound Message, LLC believes, in its sole discretion, to be consistent with the rights of other Sound Message, LLC customers and third parties. While Sound Message, LLC is not responsible for the content of hosted web sites, content on all Sound Message, LLC hosted web sites must comply with all federal, state and local laws and must not infringe the rights of any third party. Sound Message, LLC's services may only be used for lawful purposes and consistent with all rights of other parties. Without limiting the foregoing, Sound Message, LLC's services shall not be used in a manner which would violate any law or infringe any copyright, trademark, trade secret, right of publicity, privacy right or any other right of any person or entity or for the purpose of transmitting or storing of material which is obscene, libelous or defamatory.

Determination of a violation will be made at the sole discretion of Sound Message, LLC, and Sound Message, LLC, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Sound Message, LLC reserves the right to release the names of customers involved in violations of the foregoing to system administrators at other providers, in order to assist them in resolving disruptions and security incidents, and to valid law enforcement authorities investigating illegal activities.

Customer agrees to reimburse Sound Message, LLC for all legal costs, personnel costs and processing costs associated with assisting law enforcement in the investigation of illegal activities.

EMAIL CONFIDENTIALITY

Electronic mail passes through multiple mail servers on the Internet as it passes from source to destination.  One can never be guaranteed privacy from every possible mail server; therefore, someone seeking total privacy should use some encryption scheme to render their messages unreadable by eavesdroppers.
Sound Message, LLC treats e-mail messages as private.  Exceptions are those permitted by law, including under the Electronic Communications Privacy Act of 1986 (the "ECPA").  The ECPA permits Sound Message, LLC limited ability to intercept and/or disclose electronic messages, including, for example (i) as necessary to operate the system or protect Sound Message, LLC's rights or property, (ii) upon legal demand (court orders, warrants, subpoenas) or (iii) where Sound Message, LLC receives information inadvertently which appears to pertain to the commission of a crime.  Customers should be aware that electronic messages may be intercepted lawfully or unlawfully outside of Sound Message, LLC's services.  In addition, although Sound Message, LLC has implemented certain security measures, we cannot guaranty that any system that we use or the stored data of a customer will be free from unauthorised intrusion or otherwise guaranty the privacy of information of any customer.  In addition, any data and/or email that is incorrectly routed to Sound Message, LLC due to software malfunction will be manually forwarded to its intended recipient whenever possible.  We are not responsible for the privacy of such incorrectly routed data and/or email.

POLICY REGARDING THE SENDING OF UNSOLICITED EMAIL

Unsolicited commercial advertisements are not allowed in email accounts hosted by Sound Message, LLC, and will likely result in account suspension or cancellation.  If a customer is found to have sent out unsolicited e-mail (also known as "spam"), Sound Message, LLC will charge that customer's account $1 for each message sent out due to the customer's reckless use of system resources.

Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic.

SOFTWARE

As a courtesy to its customers, Sound Message, LLC has accumulated a library of software which is "shareware" or "freeware".  Sound Message, LLC is not the author of or otherwise responsible for any of such software or engaged in the sale or licensing of such software.  SOUND MESSAGE, LLC MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, WITH RESPECT TO FREEWARE OR SHAREWARE AVAILABLE TO CUSTOMERS. SOUND MESSAGE, LLC ACCEPTS NO LIABILITY OF ANY KIND WITH RESPECT TO SUCH SOFTWARE OR ANY DAMAGES RESULTING FROM THE USE THEREOF.  CUSTOMER AND ANY OTHER USER ASSUMES ALL RISK OF ALL KINDS WITH RESPECT TO SUCH SOFTWARE.  CUSTOMER AND NOT SOUND MESSAGE, LLC MUST PAY ALL SHAREWARE LICENSE FEES.  NO CUSTOMER OR USER WILL ASSERT ANY CLAIM AGAINST SOUND MESSAGE, LLC WITH RESPECT TO ANY SOFTWARE OBTAINED THROUGH SOUND MESSAGE, LLC.

NOTICES AND ANNOUNCEMENTS

You authorise us to notify you as our customer of information that we deem is of potential interest to you.  Notices and announcements may include commercial e-mails and other notices describing changes, upgrades, new products and services, or other information pertaining to Internet security or to enhance your identity on the Internet and/or other relevant matters.  If you do not wish to receive bulk email solicitation notices or announcements, then please contact us.

MODIFICATIONS TO AGREEMENT

Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and/or (2) change part of the services provided under this Agreement at any time.  Any such revision or change will be binding and effective immediately upon posting of the revised Agreement or change to the service(s) on Sound Message, LLC's web sites, or upon notification to you by e-mail or postal mail.  You agree to periodically review our web sites, including the current version of this Agreement available on our web sites, to be aware of any such revisions.  If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or postal mail addressed as follows, Attention: Service Agreement Termination, Sound Message, LLC, P.O. Box 8785, Erie, PA 16505-0785.  Notice of your termination will be effective on receipt and processing by us.  Any fees paid by you if you terminate your Agreement with us are non-refundable, but you will not incur any additional fees.   By continuing to use Sound Message, LLC's services after any revision to this Agreement or change in service(s), you agree to abide by and be bound by any such revisions or changes.  We are not bound by nor should you rely on any representation by (i) any agent, representative or employee of any third party that you may use to apply for our services; or in (ii) information posted on our web site of a general informational nature.  No employee, contractor, agent or representative of Sound Message, LLC is authorised to alter or amend the terms and conditions of this Agreement.

MODIFICATIONS TO YOUR ACCOUNT

For the security of your account, in order to change any of your account information with us, we reserve the right to verify any current account information with you before processing any change(s).  In no event will we be liable for the unauthorised use or misuse of your account information.

TERMINATION

Sound Message, LLC reserves the right, in its sole discretion, to terminate your access to any or all of our service(s), with or without notice.

DISCLAIMER OF WARRANTIES

ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH SOUND MESSAGE, LLC ("SERVICES") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE.  THESE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.  SOUND MESSAGE, LLC , OUR SUBSIDIARIES, AND OUR LICENSORS DO NOT WARRANT THAT THESE SERVICES ARE ACCURATE, RELIABLE OR CORRECT; THAT THESE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THESE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  YOUR USE OF THESE SERVICES IS SOLELY AT YOUR RISK.  WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

USE OF SOUND MESSAGE, LLC'S SERVICES AND THE INTERNET IN GENERAL IS AT CUSTOMER'S SOLE RISK. SOUND MESSAGE, LLC DOES NOT WARRANT THAT ITS SERVICES WILL BE UNINTERRUPTED, ERROR FREE, FREE FROM UNAUTHORISED INTRUSION, OR THAT SOUND MESSAGE, LLC'S SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY; NOR DOES SOUND MESSAGE, LLC MAKE ANY WARRANTY AS TO THE RESULTS OR INFORMATION OBTAINED FROM USE OF ITS SERVICE(S) OR THE INTERNET IN GENERAL.

We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorised use or misuse of your account information; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this Agreement; (6) loss or liability relating to the deletion of or failure to store e-mail messages; (7) loss or liability resulting from the development or interruption of your web site; or (8) loss or liability that you may incur in connection with our processing of your application for our services, or processing of any authorised modification to your account.

UNDER NO CIRCUMSTANCES SHALL SOUND MESSAGE, LLC, OUR SUBSIDIARIES, OR OUR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, OUR SERVICES OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES.  THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF SOUND MESSAGE, LLC HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOUND MESSAGE, LLC'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

INDEMNIFICATION

Upon a request by Sound Message, LLC, you agree to defend, indemnify, and hold harmless Sound Message, LLC and our subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise under this Agreement, the Sound Message, LLC services provided hereunder, or from your use or misuse of our service(s), including without limitation infringement or dilution by you, or someone else using our service(s) from your computer, of any intellectual property or other proprietary right of any person or entity, or a violation of any of our operating rules or policies relating to the service(s) provided.  Sound Message, LLC reserves the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will co-operate with Sound Message, LLC in asserting any available defences.

CHOICE OF LAW AND FORUM

This Service Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, excluding its conflicts of law rules.  You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to this Agreement or your use of our service(s) shall be filed only in the state or federal courts located in the Commonwealth of Pennsylvania, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

SEVERABILITY AND INTEGRATION

Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and Sound Message, LLC with respect to our service(s) and supersedes all prior or contemporaneous communications, proposals, agreements, and understandings (whether oral, written, or electronic) between you and Sound Message, LLC with respect our service(s), whether established by custom, practice, policy, or precedent.  If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

NON-ASSIGNMENT

Your rights under this Agreement are not assignable.  Any attempt by you to assign your rights shall render this Agreement voidable at our option.  Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, garnishment or otherwise, shall render this Agreement voidable at our option.

AGREEMENT TO BE BOUND

By applying for Sound Message, LLC service(s) under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and any pertinent rules or policies that are or may be published by Sound Message, LLC


Please also read our Privacy Policy.

SOUND MESSAGE ADDS PHOTOGRAPHY SERVICES!
Sound Message, LLC now offers professional photography services, including weddings, events, and personal or commercial photo shoots. (26 Aug 2006)

SOUND MESSAGE LAUNCHES "SOUND REWARDS" REFERRAL PROGRAM
We now offer a referral program called "Sound Rewards" to give back to our current clients who send new clients to us. It's simple! Existing Sound Message clients receive $25 in cash OR a $50 service credit for every new client they refer who takes advantage of at least $500 in Sound Message products and services. Thank you for your support! (26 Aug 2006)

SOUND MESSAGE RESTRUCTURES RATES, PRICES, & SERVICES
Rates, prices, and services have been restructured to be more simple, integrated, and focused. We've eliminated some rarely used offerings and added some new offerings, such as professional photography and complete marketing solutions. (26 Aug 2006)

NEWS ARCHIVES
See previous news announcements here!
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