Terms of Service, License Agreement & Acceptable Use Policy
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT ("LICENSE") BEFORE PURCHASING THE SOFTWARE. BY PURCHASING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE.
1. General. The software and documentation is licensed to you by LCN Technologies LLC for use only under the terms of this License, and LCN Technologies LLC reserves all rights not expressly granted to you. The rights granted herein are limited to LCN and its licensors' intellectual property rights in MIRICAM and do not include any other patents or intellectual property rights.
2. Permitted License Uses and Restrictions. You may not copy, decompile, reverse engineer, disassemble, modify, or create derivative works of the Miricam or any part thereof.
3. Transfer. You may not give, rent, lease, lend or sublicense MIRICAM without the express written permission from LCN. The party receiving MIRICAM reads and agrees to accept the terms and conditions of this License.
4. Termination. This License is effective until terminated. Your rights under this License will terminate automatically without notice from LCN Technologies LLC if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of MIRICAM and destroy all copies, full or partial, of MIRICAM.
6. Disclaimer of Warranties. You acknowledge that use of MIRICAM is at your sole risk to satisfactory quality performance and accuracy and effort is with you. MIRICAM is provided "as is" without warrant of any kind.
7. Limitation of Liability. In no event shall LCN Technologies LLC liable for any personal injury, incidental, special, indirect or consequential damages whatsoever including and without limitation damages for loss of profits, loss of data, business interruption, service interruption, however caused, regardless of the theory of liability (contract, tort of otherwise).
8. Export Law Assurances. You may not use or otherwise export or reexport MIRICAM except as authorized by United States law and the laws of the jurisdiction in which MIRICAM was obtained. In particular, but without limitation, MIRICAM may not be exported or re-exported (a) into (or to a national or resident of) any U.S. embargoed countries (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria) or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using MIRICAM, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.
By using MIRICAM software license and service, you agree to use the system for lawful purposes only.
SOFTWARE LICENSE AND INTERNET HOSTING AGREEMENT
PREAMBLE TO AGREEMENT
Whereas LCN Technologies has developed a software and service solution referred to as MIRICAM and is the sole owner and holder of all copyright and trademark to said software;
Whereas Licensee wishes to acquire a limited license to operate MIRICAM in conjunction with the web hosting services provided by Licensor, according to the rights granted hereunder and subject to the terms and conditions stated herein;
Whereas LCN Technologies offers a license to use its software in contention with the web hosting services of LCN Technologies;
Whereas the license to be granted to Licensee is accessory to the principle agreement between the parties, the principle agreement being a web hosting agreement where MIRICAM is run exclusively on servers owned, controlled and operated by LCN Technologies;
NOW THEREFORE, THE PARTIES HERETO MUTUALLY AGREE AS FOLLOWS:
INTENT OF AGREEMENT
1.01 Intent of Agreement
1.01.01 It is the intent of the parties to this agreement that the Licensee shall acquire and operate a limited license for website(s) under its own domain name(s) which shall run LCN Technologies LLC (or such other upgrades that LCN Technologies may provide), hosted on the servers of LCN Technologies, and that each party shall remain independent of the other, and nothing in this agreement shall be interpreted in any way to create or give the appearance of a joint venture, partnership or other association, other than that of a service provider ( LCN Technologies LLC Technologies) to an independent contractor such as the Licensee;
1.01.02 The present agreement provides for the acquisition of a license to use the software which is hosted on servers owned and operated by LCN Technologies; this concept is also known as "SaaS" or Software as a Service, where the Licensee uses Licensor's software and services, where the software is run on the servers of LCN Technologies;
DEFINITIONS & ABBREVIATIONS:
Within the present agreement, the terms herein shall be given the following meaning:
2.01.01 "Account Balance" means the account balance that is due to Licensor and which may be viewed by Licensee online from the administrator program of LCN;
2.01.02 "Agreement" means this agreement, including all schedules thereto, as well as any amendments and/or modifications which might be made or added thereto in writing from time to time;
2.01.03 "Billing Companies" or "Payment Processors" means third parties that collect payments and redistribute them, after deducting all processing fees, hold backs, charge backs and any other deductions made by said third parties;
2.01.04 "Continuous Service" means that the Licensor provides continuous bandwidth connection for up and down data transmission at the ratio of 99.6% of connection time;
2.01.05 "Domain Name" means the text name(s) chosen by the Licensee under which it will operate MIRICAM, and which corresponding to a numeric IP address on the servers of LCN Technologies where the software is located;
2.01.06 "Hold back" means the sums withheld by the Billing Companies in the collection of payments by Licensee's clients to prevent losses due to fraudulent credit transactions;
2.01.07 "Intellectual Property" means, without limitation, any intellectual property right, title and interest in the software and source code created by LCN Technologies under the name of MIRICAM or any other name that LCN Technologies may use for its software or its source code;
2.01.08 "License" means the specific license granted under the present agreement, in conjunction with the software hosting agreement, whereby the Licensee acquires the right to use the MIRICAM software on its chosen domain name(s), to provide streaming content to Licensee's customers;
2.01.09 "MIRICAM" shall mean any of the software developed by Licensor and which is used to run its software under the name of "MIRICAM" or any customization or variant of its code.
2.01.10 "Mbase" means the chat host database set up by LCN Technologies which allows all Licensees to offer their own chat hosts to a common database and which allows Licensees without its own chat hosts to offer chat hosts for online chat;
2.01.11 "Maintenance Upgrade" (or "Revision upgrade") designated by X.y (where "X" is the software version and "y" is the current revision number of the software) which would consist of minor improvements, enhancements and bug fixes to the current version release;
2.01.12 "Version Upgrade" (such as MIRICAM ) would be a major upgrade (where the "X" designation in section 2.01.11 would designate the version number) and the version upgrade would incorporate new or significantly improved features over the previous version; a license fee to use a new version would be due and payable according to the Upgrade Policy annexed hereto as Schedule "B";
2.01.13 "Web Hosting" means the set up, installation and operation of the licensed software on the servers owned, operated, controlled or managed by LCN Technologies.
GENERAL DESCRIPTION OF SERVICES PROVIDED BY LCN Technologies
3.01 LCN Technologies shall provide and install the latest version of MIRICAM as described at http://www.2Much.net
4.01 License Fees, upgrade fees and hosting fees:
Software License Fees, upgrade fees and hosting fees are as described in custom quote provided to client.
4.02. All other fees are negotiated, and final fees presented in written email before commencement of service.
4.03 All fees payable on a monthly basis shall be payable in advance, and the minimum term for the services provided shall be twelve (12) months;
4.04 Method of Payment:
4.04.01 All payments must be received by LCN Technologies without deduction or hold back before the site can be activated, and once activated, Licensee shall not maintain a negative balance of account with LCN Technologies unless sufficient guarantees are provided to LCN Technologies to assure that any amount due to LCN Technologies shall be paid forthwith, on demand.
4.04.02 LCN Technologies shall only accept payments in the following manner: Bank / Wire Transfer or Paypal.
4.04.03 Payments shall not be credited to an account until they have been cleared by LCN Technologies financial institution;
4.04.04 Payment guarantees for Mbase usage, support services, software updates, hosting and all other services provided by LCN:
As consideration for the Software or Services purchased by You and provided to You by LCN, You agree to pay LCN Technologies LLC at the time You order. All fees are due immediately and are non-refundable even if Your Services are suspended, terminated, or transferred prior to the end of the Services term. LCN Technologies LLC expressly reserves the right to modify pricing through email notification and/or notice on its Web site. Payment may be made by You via Paypal or Wire Transfer. A cash reserve (called "Minimum Reserve") for charge by LCN Technologies LLC (collectively, the "Payment Method") may be required. Your Prepaid Services account may be funded by a Credit card or Wire Transfer. Your Payment Method on file must be kept valid at all times.
If for any reason LCN Technologies LLC is unable to charge Your Payment Method for the full amount plus Minimum Reserve owed LCN Technologies LLC for the Services provided, or if LCN Technologies LLC is charged a penalty for any fee it previously charged to Your Payment Method, You agree that LCN Technologies LLC may pursue all available remedies in order to obtain payment. If You pay by credit card and if for any reason LCN Technologies LLC is unable to charge Your credit card with the full amount of the Services provided, or if LCN Technologies LLC is charged back for any fee it previously charged to the credit card You provided, You agree that LCN Technologies LLC may pursue all available remedies in order to obtain payment. You agree that among the remedies LCN Technologies LLC may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to You of any domain names or Services registered or renewed on Your behalf. LCN Technologies LLC reserves the right to charge a reasonable administrative fee for administrative tasks outside the scope of its regular Services, including additional costs that it may incur in providing the Services and pass along to You. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, fees incurred by third parties You have elected to use as payment methods, including Wire payments, credit cards and PayPal, and disputes that require legal services. These charges will be billed to the Payment Method we have on file for You. You may change Your Payment Method at any time by logging into Your Account Manager. For LCN Technologies LLC Marketplace orders where payment has not been received or LCN Technologies LLC has received a chargeback for any portion of the transaction, You understand that in addition to any administrative fees LCN Technologies LLC may charge for the handling of the chargeback, the seller may also pursue all available lawful remedies to collect payment plus applicable fees, or obtain the lost merchandise. LCN Technologies LLC is not responsible for the actions of the sellers.
You agree that You are solely liable for arranging that Your Services are renewed, and that LCN Technologies LLC shall not be liable to You or any third party if it is unable to charge Your Payment Method in order to renew Your Services.
4.05 Interest and late fees:
4.05.01 In the event that any amount remains outstanding to the Licensor after the due date, the customer shall be liable for interest charges and monthly fees on the total negative balance. The interest rate applied to the outstanding balance and the $35.00 monthly fee shall be 28.8% per annum. This interest rate and monthly fee will be applicable until the entire negative balance, including accrued interest and fees, is fully settled by the customer. The interest shall be calculated on a daily basis and compounded monthly. Please note that the customer's account shall be considered negative when there are outstanding dues beyond the due date. The customer will be responsible for the timely settlement of all outstanding amounts to avoid incurring interest charges and the monthly fee.
4.07.01 All payouts to licensor for retail sales are issued directly by payment processor as per processors payout schedule.
4.07.02 All payouts to licensor for retail and wholesale sales when used with LCN Technologies LLC ProPay are issued every second Wednesday at 23:59:59 Eastern Time or Eastern Daylight Savings Time.
4.07.03 All fees, prices, commissions and payouts are issued in US Dollars.
4.07.04 Payouts are calculated based on gross sales for each Miricam Edition. The website owner will receive 80% of the total sales value for Miricam Standard Edition, 82% for Miricam Professional Edition, and 85% for Miricam Premium Edition in each respective payout - outstanding amounts due for services rendered through Mbase or other services.
4.07.05. A holdback of varying rate may be applied to your account as guarantee against high chargeback rates or credit card fraud.
DURATION OF AGREEMENT:
5.01 Initial Term:
5.01.01 The license shall remain in force for an initial minimum period of twelve (12) months, and thereafter, so long as Licensee maintains and pays Licensor's hosting and related services in accordance with the terms of the present agreement, unless terminated earlier according to the other provisions of the present agreement;
5.01.02 The license shall lapse twelve (12) months following the release date of a software version upgrade, after which time the previous version shall cease to be supported by Licensor, and the Licensor shall apply the version upgrade policy to determine what additional Licensee fees shall be charged to Licensee during the term of the present agreement or of any of its renewals;
5.02 Automatic Renewals:
5.02.01 The present agreement shall automatically renew for an addition period of twelve (12) months at the end of its initial term, and thereafter, at the end of each renewal period, it shall automatically renew for another twelve (12) month term, provided that Licensee is not in default hereunder and has not received a notice of default from Licensor during the present term of the agreement which is currently then in force.
5.02.02 Should Licensee decide not to renew this agreement, he shall notify Licensor in writing in accordance with the notification provisions of this agreement at least three (3) months prior to the expiration of the present agreement.
SERVICES PROVIDED AND OBLIGATIONS OF LICENSEE
6.01 Services are provided by LCN Technologies LLC
6.01.01 LCN Technologies shall provide Licensee with MIRICAM running on a servers provided and configured for client.
6.01.03 LCN Technologies shall maintain operation of the software and provide hosting and related services on a continuous basis as provided for in this agreement;
6.01.04 LCN Technologies shall monitor the quality of the services in order to assure the high quality of the streaming video and audio used in its online streaming content, and shall provide technical support as required to Licensee
6.02 What Licensee must do to maintain the software service:
6.02.01 Licensee shall operate its site in compliance with the terms and conditions of the present agreement and its schedules, including the Acceptable Use Policy (or "AUP") and shall not carry on any activity which, in the sole discretion of Licensor, would be harmful or detrimental to LCN Technologies or any of its Licensees;
6.03 Payment in advance:
6.03.01 Licensee shall pay for the monthly recurring services provided herein, one month in advance and on the first day of each month, and for all other services, on the due date of payment, without need for a demand from Licensor, and for any other payments which may become due, upon demand;
6.05 Illegal activity:
6.05.01 Prohibited Activities: Licensee expressly agrees not to engage in the following activities on its website:
a) Publishing, or disseminating any unlawful content, including but not limited to defamatory, obscene, infringing, hateful, or violent material.
b) Infringing on intellectual property rights, including unauthorized distribution of copyrighted content.
c) Attempting to gain unauthorized access to the website, its servers, or other users' accounts.
d) Distributing malware or engaging in any form of cyber-attacks.
e) Sending spam emails or conducting phishing activities to deceive users.
f) Promoting or engaging in child exploitation or abuse
g) Participating in fraudulent activities, such as financial scams or identity theft.
h) Violating users' privacy rights or failing to comply with applicable privacy laws.
i) Disrupting the network or compromising the security and stability of the server infrastructure.
j) Violating export control laws or economic sanctions in jurisdictions where the website operates.
Licensee acknowledges that any violation of these prohibited activities may result in immediate termination of access to the website and may also lead to legal actions as per the applicable laws and regulations."
6.06 Maintain DNS or domain A-record:
"6.06.01 DNS Records: Licensee agrees to keep its domain name pointed to the domain name server (DNS) designated by Licensor or maintain its domain's correct A-record pointing to the IP Address(es) assigned by LCN Technologies at the time of purchase or as updated for the length of the agreement. As failure to comply with this provision may result in loss of services paid for by website owners end users, the Licensee will be liable for all damages caused by this default, including but not limited to a chargebacks and chargeback fees of $25.00 per instance per customer. Licensee assumes full responsibility for any such disruptions or losses experienced by its customers as a consequence of non-compliance with this provision."
6.07 Acceptance of Installation and Start Date:
6.07.01 Licensee shall accept the installation of the software and the configuration of the website by Licensor, in Licensee's domain name, which Licensor shall activate within a delay of approximately 5 days from receipt and credit of Licensee's final payment;
7.01 Language, including technical support:
7.01.01 The parties hereto recognize that the software will be used on the internet and may be adapted to Licensees and/or Licensee's End Users in foreign countries. Licensee also recognizes that Licensor would incur language difficulties and higher support fees if communications with its Licensees are not standardized to the English language. Therefore, Licensee agrees that it shall use the English language, spoken and/or written, to communicate on any matter relating to or arising from this contract, and without limiting the generality of the above, this shall include any technical support requested by the Licensee, unless the Licensee specifically requests that another language be used and provides for payment of all costs incurred or to be incurred in such translation;
WARRANTY AND ONGOING NOTIFICATION
9.01 No warranty either expressed or implied:
9.01.01 Licensor offers no express warranty to Licensee, other than to warrant that Licensor owns the rights (the copyright) in MIRICAM, and that the software performs as represented in the description of services described on http://www.2much.net, save and except that Licensor cannot and does not warrant that the content used with the software is compliant with all laws in force in every jurisdiction where the software may be used, since Licensor has no control over what jurisdictions Licensee will use its software. Licensee accepts that it is the sole party liable for any infringement of laws that may be applicable to the operation by Licensee of MIRICAM, and Licensee further acknowledges that it is the duty of Licensee to inquire and determine with its independent legal counsel whether or not the software can be used in full compliance with all applicable laws and regulations. Licensor disclaims all implied warranties including any implied warranty of merchantability and any implied warranty of use for a particular purpose. to the extent permitted by Quebec and Canadian law;
10.01 No Liability:
10.01.01 Licensor shall not be liable for any damages or losses whatsoever that are or may be incurred in the use of MIRICAM or in the acquisition and/or use of any other product or service provided to Licensee by Licensor, and this shall include any form of damages, whether direct or indirect, punitive or exemplary, and whether or not there is any loss of profits or loss of opportunity.
10.01.02 Licensee agrees to indemnify and/or hold harmless Licensor from any claim which may arise out of the use of MIRICAM, including its misuse. This limitation of liability shall be applicable to any claim presented to Licensor whether the legal theory forming the basis of such claim involves contract, tort, negligence, strict liability or otherwise.
10.01.03 Licensee hereby agrees to indemnify and hold Licensor harmless for injury or damages to persons or property, for any and all liability, loss, damages, cost, or expenses, including all attorney fees and costs, including the cost of experts, which are incurred to defend against claims or to enforce the terms of this agreement. In no event will Licensor or its suppliers be liable to Licensee or any party dealing with Licensee, for any damages, claims or costs whatsoever or any consequential, indirect, incidental damages, or any lost profits or lost savings, even if Licensor has been advised of the possibility of such loss, damages, claims or costs or for any claim by any third party. The foregoing limitations and exclusions apply to the extent permitted by law.
Licensor, whether as hosting service provider or as Licensor, shall not be liable for any delays which are beyond the direct control of Licensor, and in particular, the following list is indicative, but not limitative, as to the type of situations which are beyond Licensor's control: Delay in Launch or Delivery date where third party billing company exceeds its delay to set up billing services; Licensee-related Delays, where, for example, the Licensee causes damage to the set up templates used by Licensor to set up the software service; Any delays resulting from any other circumstances beyond Licensor's control;
10.03 Force Majeure:
Licensor, whether as hosting service provider or as Licensor, shall not be liable for any losses which are beyond the direct control of Licensor, and in particular, the following list is indicative, but not limitative as to the type of situations which are beyond Licensor's control: Power outages; Malicious attacks over the internet, such as D.O.S. (denial of service) attacks, as well as any slowdown or shutdown of service related to internet security issues such as internet worms or viruses; Non-malicious slowdowns or shutdowns over the internet, or to Licensor's hosting servers, such as a temporary flood of internet traffic; Any other delays resulting from Acts of God, war, insurrection, strike, blackouts, or from any other situation which in beyond Licensor's control; Any delays or downtime resulting from causes contained in Section 10 shall not be calculated in the determination of Licensor's obligation to provide continuous service;
DEFAULT AND RECOURSE
11.01.01 The present agreement shall not terminate at the end of the initial term of twelve (12) months, unless Licensee gives Licensor written notice at least one (1) calendar month prior to the end of the initial term of three months, in accordance with the notification provisions herein;
11.01.02 Should the Licensee default in any of its obligations contained herein, then Licensor shall have the right to terminate the present agreement forthwith, and shall give Licensee notice to this effect;
11.01.03 A default in the payment of any amount due under the present agreement shall not automatically result in the termination of the present agreement unless Licensor has notified Licensee of the amounts due and the delay to pay said amounts. If no delay is specified in Licensor's notice to Licensee, the default delay shall be five (5) days.
11.01.04 In addition to the right to terminate the present agreement and any services provided hereunder, should Licensee be in default in any its obligations, including obligations to pay or to maintain sufficient surety to guarantee full payment of Mbase services. Licensor shall also have the right to suspend services by giving notice to that effect to Licensee, and said notice need not be in accordance with the notification provisions of this agreement, but will be deemed received by Licensee if sent by e-mail or if posted on Licensee's website.
BANKRUPTCY OR INSOLVENCY
12.01 Bankruptcy or Insolvency
12.01.01 If Licensee becomes bankrupt or insolvent or takes steps, or allows an order to be made, to end its corporate existence then, in any such case, LCN Technologies, at its option, may forthwith terminate this Agreement retroactive to the date of the act of bankruptcy or insolvency, by leaving notice of termination with Licensee and, in that case, all undistributed sales as well as all deposits and other guarantees shall be considered as liquidated damages which become immediately due and payable and will belong to LCN Technologies.
13.01.01 LCN Technologies may use any or all of the rights and remedies available to it under this Agreement or at law or at equity if Licensee defaults in observing or performing its obligations or if LCN Technologies is entitled to terminate the Agreement. Those remedies will be cumulative and not alternative.
WAIVER AND CONDONING
14.01.01 Only written waivers of Licensee's defaults will bind LCN Technologies. No condoning, excusing, or overlooking by LCN Technologies of any default by Licensee will operate as a waiver of the rights or remedies on any subsequent default.
15.01 Reasonable Attorney's Fees
15.01.01 If LCN Technologies exercises any of its rights or remedies as a result of Licensee's default, the latter will pay LCN Technologies reasonable extra-judicial costs and shall also pay all out-of-pocket expenses and/or disbursements associated with the exercise of its legal recourses, including all judicial costs.
16.01.01 Any notice, request, or demand required or permitted to be given must be in writing and will be sufficiently given if delivered by Federal Express or similar courier, as follows:
(a) to LCN Technologies 212-1802 N. Carson St. Carson City, Nevada 89701
(b) Merchant as indicated on Page 2.
16.02 Either party will give notice to the other of any change of its address for service.
17.01 Successors and Assignees
17.01.01 This Agreement shall bind the successors and assignees of the parties hereto.
18.01 No Partnership
18.01.01 The parties to this Agreement expressly declare that no provision of this Agreement and no act on their part shall be intended or shall be interpreted as establishing between them a relationship other than that of a Independent Contractors.
19.01 Cancellation of Previous Agreements
19.01.01 This Agreement contains all of the mutual commitments and obligations of the parties with respect to previous agreements between the parties (save and except those provisions that are retained and specifically mentioned herein), and cancels, for all legal purposes, any previous representations, negotiations or agreements of any nature whatsoever.
20.01 Governing Laws
20.01.01 This Agreement shall be interpreted in accordance with the laws of the province of Quebec. Any dispute regarding this agreement shall be resolved before the courts of the Province of Quebec, Judicial District of Montreal, where the present agreement has been concluded.
21.01 Headings and numbers
21.01.01 The headings, captions, article numbers, section numbers, subsection numbers, and table of contents appearing in this Agreement are inserted only as a matter of convenience, and in no way define, limit, construe or describe the scope of intent of the parties to this Agreement nor in any way affect this Agreement.
22.01.01 The words "hereinabove", "herein", "above-mentioned", "hereunder" and similar expressions used in any article, section or subsection of this Agreement refer to the whole of the Agreement and not to that article, section or subsection only, unless otherwise stipulated. Where required by the context hereof, the singular shall include the plural and the neuter gender the masculine and feminine.
23.01 Change of Ownership or Control
23.01.01 Licensee recognizes that one of the considerations for LCN Technologies entering into the present Agreement with Licensee is due to the fact that LCN Technologies has negotiated with Licensee's principals in the negotiation of the present agreement, and the Licensee shall not, during the term of this agreement, authorize or enter into, nor acquiesce in any act or transaction that would result in a material change in the ownership or control of Licensee, without giving prior notice to LCN Technologies, and in such case, LCN Technologies shall have the option to terminate the present agreement within 30 days following receipt of said notice.
24.01 English Language
24.01.01 The Parties specifically declare that they have requested that the present Agreement and all writings (including schedules) relating thereto be drawn up in the English language.
25.01 WEBSITE DESIGN OR CUSTOM TEMPLATE GRAPHICS AND DESIGN PROVISIONS
25.01.01 Changes and Additions: Any change request by the client after agreed completion and delivery may be subject to additional charges. Additional work requested will be considered as a separate work order. LCN Technologies LLC is under no obligation to make any additions after a project has been completed and delivered. Any further revisions in your site may result in additional charges.
25.01.02: Completion Date. LCN Technologies LLC and client must work together to complete any custom design in a timeley matter. For this reason, all completion dates are offered as estimate only and are not guaranteed. If client does not provide all information and materials at the time of the agreement the completion date may be delayed at no fault to LCN.
25.01.03: Fees: 50% of all fees are due in advance before any customization work begins. All fees are non-refundable. Web site files may not be delivered until the final balance is paid. Any design that is not paid in full by client within 30 days of completion, with no contact or explanation for delinquency, becomes full property of LCN. At this time, LCN Technologies LLC will give notice of intent to resell the design. If this notice is not disputed within 48 hours, the client forfeits any rights to the design and it will be made available for resell.
25.01.04: Copyright and Trademarks: The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to LCN Technologies LLC for inclusion in the web site are owned, or that the proper permissions were received by the client from the rightful owner to use these elements in the web site. The client further guarantees that LCN Technologies LLC will be held harmless, be protected from, and be defended from any claim or suit arising from the use of such elements furnished by the client.
25.06: Data ownership: The client owns all data generated by use of their website. This data includes personal information of customers (names, addresses, telephone numbers, etc) as well as performer data (photos, real names, addresses, telephone numbers), website usage statistics and other visitor data.
Unless otherwise specifically agreed upon, provision will be made to allow the licensee to upgrade at fees set forth by LCN Technologies LLC . ACCEPTABLE USE POLICY (AUP)
The Licensee agrees to be bound by the Licensor's Acceptable Use Policy, insofar as the terms are not inconsistent with the specific provisions of the present agreement:
LCN Technologies LLC Technologies reserves the right to change and update these policies as it deems necessary.
In order to avoid situations where LCN Technologies could be blocked by its service providers due to violations of their AUP, and because one Licensee's actions could result in blocking of all LCN Technologies traffic, LCN Technologies has adopted the following Acceptable Use Policy (or "AUP") for the protection of all Licensees using LCN Technologies service.
LCN Technologies LLC Technologies must retain the right to take whatever action is appropriate when it learns of activities that a Licensee may engage in over the internet, and which may cause the service providers which are used by LCN Technologies, to limit or restrict access to the internet.
As a result, LCN Technologies may take whatever action it considers, in its sole and absolute discretion, to be in the best interests of LCN Technologies in order to prevent or curtail activities, which, in the sole opinion of LCN Technologies, would place LCN Technologies at risk, and such action would be taken by LCN Technologies, with or without prior notice, to the Licensee that engages in such objectionable activities.
LCN Technologies LLC Technologies has drawn upon what it considers to be generally accepted practices and standards of Internet Conduct that are commonly used over the internet for the benefit of all users.
WEBSITE DESIGN OR CUSTOM TEMPLATE GRAPHICS AND DESIGN PROVISIONS
Client-supplied martials, images and text: Materials, images, text, graphics and wording must be provided ahead of time by client. LCN Technologies LLC Reserves the right to refuse any graphics or artwork for any reason including questionable sources as it pertains to copyright, questionable or illegal content, etc. If materials are unavailable or are to be provided by LCN, then customer agrees to unconditional acceptance of all materials, images, wording.
Copyright and Trademarks: The client unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to LCN Technologies LLC for inclusion in the web site are owned, or that the proper permissions were received by the client from the rightful owner to use these elements in the web site. The client further guarantees that LCN Technologies LLC will be held harmless, be protected from, and be defended from any claim or suit arising from the use of such elements furnished by the client.
Account & Payments: Customer account must be in good standing as indicated by any positive balance over and above the Minimum Reserve before any design services can begin. LCN Technologies LLC Reserves the right to suspend work on any project should customer account balance fall below minimum balance and or exceed its credit limit. All fees are non-refundable.
MIRICAM Standards: All design elements and functions must conform and remain within the realm of the functions and abilities of the MIRICAM software. "Design" for the purposes of this page refers to graphics, look-and-feel only and not any extra coding, programming, programs, scripts, that modify, change or alter any function of any component of MIRICAM.
Browser Standards: Standardized to Google Chrome browser compatibility. While MIRICAM is guaranteed to work on Google Chrome, Mozilla Firefox and Apple Safari, Internet Explorer, Microsoft Edge and Opera, differences between browsers as it pertains to fonts, font sizes, tool bars and other items which may cause web pages to appear differently. LCN Technologies LLC reserves the right to limit any desgins or modifications to its MIRICAM templates to conform to w3c Google Chrome Standards.
Differences in Monitor sizes: The customer agrees that different monitor sizes, graphics resolutions and aspect ratios may produce different results on different monitors.
Differences in monitor brightness and color: The customer understands and agrees that differences in monitor brightness, monitor color temperature, graphics and video cards, screen resolutions in pixels, pixel color depth (in bits per pixel), white balance, etc may result in websites, photos, graphics, logos etc to appear differently on different monitors and that any differences in color can not be accurately described or reproduced by any means.
Digital and Electronic Photo Editing: Photo re-sizing is included for purposes of design however image editing such as the cropping of specific elements within photos, insertion or removal of photographic elements are not included and will be considered as a separate job which may incur additional service fees.
File Caching and Proxy Servers: LCN Technologies LLC Cannot be held responsible for any decisions based upon cached files as it pertains to website changes. As updates are completed and uploaded to online web servers, the previous version of any web page may still reside in your computer's cached files, or your Internet Service Provider's Proxy Servers. It is the customers' responsibility to make sure that only online versions of all files are being viewed.
FTP Access to online files: Any files lost, deleted, overwritten or destroyed by customers access via FTP are the responsibility of the owner. Any files requiring retrieval from backup (if available) or re-construction are subject to additional fees.
Changes and Additions: Any change request by the client after agreed completion and delivery may be subject to additional charges. Additional work requested will be considered as a separate work order.
Completion Date. LCN Technologies LLC and client must work together to complete any custom design in a timeley matter. For this reason, all completion dates are offered as estimate only and are not guaranteed. If client does not provide all information and materials at the time of the agreement the completion date may be delayed at no fault or cost to LCN.
All purchases of our software and services are final. We do not offer refunds or money-back guarantees, except as may be required by applicable law.
ACCESS TO LCN Technologies SERVICE IS PROVIDED SUBJECT TO THE FOLLOWING:
The client is responsible for all use of their account(s) and confidentiality of password(s) which are supplied to Licensee by Licensor. LCN Technologies will suspend or change access to your account(s) immediately upon notification by you that your password has been lost, stolen or otherwise compromised. LCN Technologies is not liable for any usage and or charges prior to making the necessary account alteration. Licensee acknowledges that no computer network can ever be considered completely safe from intrusion or attack.
Conduct or content deemed unacceptable may be considered grounds for immediate suspension or termination of all accounts held by the individual, corporation, or website associated with this conduct.
1. Spamming or Harassment
Sending unsolicited email "SPAM" messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. It is strictly forbidden to send out unsolicited email from any other network that advertises, promotes or in any way points to a location inside LCN Technologies. In addition, LCN Technologies customers, and customers of LCN Technologies customers or any downstream customers, are prohibited from sending and shall not allow their connection to LCN Technologies to be used for sending UBE/UCE. Mail senders are required to maintain records that verify, on a case by case basis, that explicit affirmative permission was obtained from recipients before mailing. Lack of such records can be considered, at LCN Technologies sole discretion, proof that permission was not obtained. System and Network Security. DIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF AN LCN Technologies CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER.
2. Network Unfriendly or Illegal Activity
Attempts, whether successful or not, to gain access to any other system or users' private data without express consent of the user.
Attempts to interfere with the regular workings of LCN Technologies systems or network connections or which adversely affect the ability of other people or systems to use LCN Technologies services or the Internet.
Any unauthorized attempts by a user to gain access to any account not belonging to that user on this or any other of LCN Technologies systems.
Any activity, which violates any local, Provincial, or Federal Law, as well as U.S., or international law or regulation.
3. Violation of LCN Technologies Policy
Any attempt to bypass or remove LCN Technologies name, logo, or customer support link. Failure to fulfill access or services sold to customer in either a trial transaction, regular transaction, or recurring transaction. The posting, display, or advertising of any image using a chat host or chat hosts under the age of 18 years anywhere on the site whether the chat hosts are clothed or unclothed. Marketing the site utilizing content including words describing under age content or any other words, images, or descriptions that would lead someone to believe that the chat hosts are less than 18 years of age is not permitted anywhere on venue including the URL and meta tags.
Any attempt to display, sell, or transfer materials that violate or infringe any copyright, trademark, right of publicity, patent, statutory, common law or proprietary rights of others, or contain anything obscene, libelous or threatening.
Reproduction or transmission of any material in violation of any local, Provincial, or Federal Law, as well as U.S., or international law or regulation. is prohibited. LCN Technologies makes every attempt in such cases to work with both local and foreign law enforcement agencies to provide information about the providers and purchasers of such material. This includes the posting or display of any image or wording instructing users how to make or perform devices or situations that may violate any provincial, federal, or international law.
Websites must comply with the 18 U.S.C. 2257. Clients must determine their legal responsibility to and method of complying with 18 U.S.C. 2257 where required to do so.
Any attempt to mislead the consumer as to the site's content or actual initial or recurring pricing of the venue.
Licensee shall allow its clients (the end-user of the service) to contact Licensor for support. Failure of Licensee to provide timely support or Licensee's inability to provide support to end-users in an effective manner is a major concern to Licensor as it may lead to dissatisfaction with end-users, and Licensor shall provide support as required for the satisfactory operation of Licensee's website.
4. LCN Technologies Right to Cancel
In the event Licensee's account is suspended for unacceptable conduct or suspicion of fraud, all billing clients of Licensee may be cancelled and all monies held for a period of six months to one year. In addition, LCN Technologies reserves the right, where feasible, to implement technical mechanisms, which prevent the occurrences listed above. Furthermore, LCN Technologies is under no obligation to notify client of its actions, however, LCN Technologies will notify Licensee where notification does not impede or compromise any ongoing investigation into the alleged unacceptable conduct or suspicion of fraud.
LCN Technologies LLC Technologies may deactivate LCN Technologies Licensee accounts or sub accounts that have not processed any transactions within a 90-day period. Accounts are deactivated in order to minimize the unnecessary operational cost associated with maintaining them in the system.
5. Compliance with Rules of Other Networks:
Any access to other networks connected to LCN Technologies Internet service must comply with the rules for that network as well as with LCN Technologies rules.
Cooperation with Authorities: LCN Technologies reserves the right to cooperate with law enforcement and other authorities in investigating claims of illegal activity including, but not limited to, illegal transfer or availability of copyrighted material, trademarks, child pornography, postings or E-mail containing threats of violence or other illegal activity.
Confidentiality of Information: LCN Technologies will not release any Licensee, client or customer personal information, nor billing information, to any third party except upon presentation of a valid court order, or request to which LCN Technologies is legally required to respond to. Client agrees that LCN Technologies judgment as to the validity of any court order, subpoena, or request shall be considered proper and final.
LCN Technologies LLC Technologies Right to Modify Acceptable Use Policy: LCN Technologies may modify the AUP on its website in any way, at any time. It is your responsibility to review the AUP on the website on a regular basis to ensure compliance with the latest version of this AUP. Your use of LCN Technologies services after such changes have been posted shall constitute your acceptance of the modifications to these policies.
Other: LCN Technologies accepts no responsibility for any illegal use or misuse of its services. At our own discretion, LCN Technologies may refuse access to any end user (chat customer), as well as to any performer (chat model, broadcaster or similar) for any reason whatsoever.
LCN Technologies LLC Technologies reserves the right to obtain documentary evidence of the corporation and of the person(s) LCN Technologies does business with for compliance with fiscal laws.