1 - Service
PodHoster, Inc. ("PodHoster") operates a podcast hosting service (the "Service") at
www.podhoster.com. By using PodHoster, you agree to be bound by
the following Terms and Conditions ("Terms of Service" or "TOS") which constitute an agreement between
you and PodHoster. PodHoster may amend this agreement at any time by posting an updated version of the
Terms of Service at Terms of Service.
2 - Registration
In order to become a PodHoster User ("User"), you must register for services with PodHoster. During the
registration process, you agree to provide true, accurate, and complete information and maintain and
promptly update this information. If you provide any information that is untrue, inaccurate, or
incomplete, or PodHoster has reasonable grounds to suspect that the information is untrue, inaccurate,
or incomplete, PodHoster has the right to suspend or terminate your membership and access to the Service.
As a User you will receive a password and username. You are responsible for maintaining the
confidentiality of your password and login name, and are responsible for all activities that occur with
your password and login name, including fees incurred and all purchases made by your membership on the
Service. This means that you will be responsible for all fees incurred and purchases made by your
membership. You agree to immediately notify PodHoster of any unauthorized use of your membership or any
other breach of security.
3 - Billing
Various services offered by PodHoster require that you pay one-time or recurring monthly fees. If you
choose to pay these fees with a credit card, you authorize PodHoster to charge these fees to your credit
card. You further represent that you are the authorized user of the credit card. In the event that you
have signed up for monthly recurring fees, you agree to promptly update PodHoster of any changes to your
credit card number, its expiration date, or your billing address. In the event that you fail to do so,
PodHoster is not responsible for any interruptions in your service. All amounts paid are non-refundable
and refunds are not given in the event of cancellation (except as noted in annual payment plans).
4 - Acceptable Use
You must comply with PodHoster's Acceptable Use Policy. Failure to do so may result in suspension or
termination of your services at PodHoster's discretion. You agree to the following: A) You will not
violate any applicable local, state, or federal laws, rules or regulations through or on the Service; B)
You will not use the Service to transmit any obscene, indecent, harassing, threatening, or defamatory
information; C) You will not send unsolicited email (spam) to PodHoster Users; D) You will not use any
device, software or routine to interfere or attempt to interfere with the proper working of the Service;
E) You will not take any action that imposes an unreasonable or disproportionately large load on the
infrastructure of the Service; F) You will not use the Service in any manner other than as expressly
authorized in the TOS; G) You will not reproduce, duplicate, copy, sell, resell, or exploit for any
commercial purposes, any portion of the Service, use of the Service, or access to the Service.
5 - Children Under 13
PodHoster uses reasonable efforts not to collect, use or disclose individually identifiable information
from children under the age of 13. The Service is not targeted at children, and children may not register
for any portions of the Service that require registration. By registering for the Service, you represent
that you are not a child under the age of 13.
7 - Indemnity
You agree to indemnify and hold PodHoster, its subsidiaries, and affiliates, and their
respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand,
including reasonable attorneys' fees, made by any third party due to or arising out of your use of the
Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of
your representations and warranties set forth above and/or if any of your content causes PodHoster to be
liable to another.
8 - Changes to Service
PodHoster reserves the right at any time to modify or discontinue, temporarily or permanently, the Service
or any part of it with or without notice. PodHoster will not be liable to you or to any third party for any
modification, suspension, or discontinuance of the Service.
9 - Termination
You have the right to terminate or cancel your membership at any time. You understand and agree that the
cancellation of your membership or a particular component of the Service is your sole right and remedy with
respect to any dispute with PodHoster. This includes, but is not limited to, any dispute related to or arising
out of: (a) any term of the TOS or PodHoster's enforcement or application of the TOS; (b) any action, policy
policies; (c) the data available through the Service; (d) your ability to access and use the Service; or (e)
the amount or type of fees, surcharges, applicable taxes, and any PodHoster billing methods. PodHoster, in its
sole discretion, may terminate your membership and remove and discard any of your membership information or
data without notice if PodHoster believes that you have violated or acted inconsistently with the TOS.
PodHoster will not be liable to you for termination of your membership to the Service. Sections 5,6,8,9,13,
and 14 will survive the termination of the TOS and your membership.
10 - Warranties
THE SERVICE IS PROVIDED "AS-IS" AND "AS AVAILABLE". PODHOSTER CANNOT GUARANTEE AND
DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICES. PODHOSTER DOES NOT PROMISE THAT THE SERVICE OR
ANY CONTENT OR FEATURE OF THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED.
ALL INFORMATION PROVIDED ON THE SERVICE IS SUBJECT TO CHANGE WITHOUT NOTICE. PODHOSTER CANNOT ENSURE THAT ANY
FILES OR OTHER DATA YOU DOWNLOAD FROM OR UPLOAD TO THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR
DESTRUCTIVE FEATURES. PODHOSTER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF
ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PODHOSTER DISCLAIMS ANY AND ALL
LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF
THE SERVICE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICE AND YOUR CONTENT.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error,
omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line
failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract,
tort, negligence or any other cause of action.
11 - Limitation of Liability
IN NO EVENT SHALL PODHOSTER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR
USE OF THE SERVICE, EVEN IF PODHOSTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING
TO THE CONTRARY CONTAINED HEREIN, PODHOSTER 'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM
OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PODHOSTER FOR THE SERVICES DURING
YOUR TERM OF MEMBERSHIP.
12 - Copyright
PodHoster makes no claim over works created by you. All profile and uploaded data are yours. This data can be
removed by you at any time by deleting your account.
PodHoster, the PodHoster logo, and all other PodHoster product and service names are trademarks of PodHoster, Inc.
They may not be used by you in any form.
PodHoster undertakes to obey all relevant copyright laws. We will review all claims of copyright infringement
received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim,
please provide us with the following: A) A description of the copyrighted work claimed to have been infringed; B) A
description of the infringing material and information reasonably sufficient to permit PodHoster to locate the material;
C) Your contact information, including your address, telephone number, and email; D) A statement that you have in good
faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent;
and; E) A statement that the information in the notification is accurate, and, "under the pains and penalties of
perjury", that you are authorized to act on behalf of the copyright owner. This information should be sent to
13 - Links to Other Sites
The Service may contain links to other independent third-party Web sites ("Linked Sites"). These Linked Sites are
provided solely as a convenience to our visitors. Such Linked Sites are not under PodHoster’s control, and PodHoster
is not responsible for and does not endorse the content of such Linked Sites, including any information or materials
contained on such Linked Sites.
14 - Governing Law
The TOS shall be governed by and construed under the laws of the state of New York excluding its conflict of laws rules.
You irrevocably submit to the exclusive jurisdiction of the courts of the state of New York and the United States District
Court located in the borough of Manhattan, New York, New York, and the appellate courts thereof.
Last Updated: August 11,2009