User Agreement:

By visiting Broadjam.com (hereinafter the 'Site'), submitting Materials or in any manner availing yourself of any Services offered at, on or through the Site you signify your agreement to all terms, conditions, policies and notices contained or referenced in this agreement (hereinafter the, or this, 'Agreement'). If you do not agree with any provision of this Agreement, do not use the Site or any Service. Your continued use of the Site or any Service following the posting of any modifications to this Agreement constitutes your express acceptance of such modifications.

As between you (whether you are an individual representing yourself, or acting as the representative for a group, band, business entity or association) and Broadjam, Inc., (referred to as "we," "us" or 'Broadjam'), this Agreement applies to each and every service we offer (the "Service"). Some particularized Services may be subject to additional terms and conditions set forth in separate agreements. Broadjam is a Delaware corporation with its principal place of business at 6401 Odana Rd., Madison, WI 53719. You and Broadjam may be referred to collectively herein as the 'Parties' and individually as a 'Party.'

Last updated: October 7, 2008

Article 1 GENERAL USE PROVISIONS

1.01 Application
1.02 Definitions
1.03 License and Site Access
1.04 Terms of Use.
1.05 Framing, Metatags and Linking.
1.06 Ownership of Materials.
1.07 Digital Millennium Copyright Act (DMCA) Policy.
1.08 User Representations.
1.09 Grant of Rights.
1.10 Disclaimer of Warranties.
1.11 Limitation of Liability.
1.12 Copyright and Trademark Notices.
1.13 Parental Control Protections.
1.14 Special Admonitions for International Use.
1.15 Deliveries.
1.16 Links or Pointers to Other Sites.
1.17 Removal of Materials.
1.18 Modifications to Agreement and Services.
1.19 Miscellaneous.
1.20 Acceptance of Electronic Contract.

Article 2 SUBSCRIPTION PROVISIONS

2.01 General
2.02 Term and Service Benefits.
2.03 Accuracy and Posting of Information and Materials.
2.04 Termination.
2.05 Subscription Fees.
2.06 Modifications to Subscriber's Account.
2.07 Breach.

Article 3 HOSTING AGREEMENT

3.01 Applicability
3.02 Reserved
3.03 Hosting Subscriber's Representations, Warranties and Obligations.
3.04 Availability of Services.
3.05 Storage and Security.
3.06 Spam Policy.

Article 4 FINANCIAL TERMS AND CONDITIONS

4.01 Applicability
4.02 Currency
4.03 Payments
4.04 Subscription Cancellation Refunds.
4.05 Download Purchase Credits.
4.06 Stale Checks.
4.07 Broadjam Deliveries Refunds.

GENERAL USE PROVISIONS

1.01 Application

1.02 Definitions

1.03 License and Site Access

1.04 Terms of Use.

Limelight Networks, Inc.: http://www.limelightnetworks.com/terms.html

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1.05 Framing, Metatags and Linking.

Framing and Metatags.

Linking: Custom Homepage Links

Hosting Subscriber expressly acknowledges that Broadjam is the sole and exclusive owner of the registered trademark, BROADJAM® .
Hosting Subscriber expressly acknowledges that this license is granted in consideration of and is conditioned upon Hosting Subscriber's full compliance with the terms and conditions of this Agreement and all Policies appearing on the Site.
This license shall terminate immediately upon expiration or termination of Hosting Subscriber's hosting subscription or Broadjam membership or if, in Broadjam's absolute discretion and without the necessity of written notice, Hosting Subscriber has failed to comply with any of the terms or conditions of this Agreement or any Policies appearing on the Site.
Hosting Subscriber agrees to display the following disclaimer prominently at the foot of the home page of Hosting Subscriber's Website: "Hosted by Broadjam. [Hosting Subscriber's Name Here] is not affiliated with Broadjam, Inc. and Broadjam bears no responsibility for the content or use of this site."
Without in any way limiting Hosting Subscriber's covenants or obligations under the Hosting Subscription Agreement, Hosting Subscriber warrants and represents that:

No use of Hosting Subscriber's Custom Homepage Link and no content on Hosting Subscriber's Website will dilute, tarnish, blur or otherwise diminish the value of the BROADJAMÆ mark; and
Hosting Subscriber will not use, publish or advertise the Custom Homepage Link for any purpose other than identifying the location of Hosting Subscriber's Website; and
Upon Broadjam's request Hosting Subscriber will provide Broadjam with hard copy samples of any and all advertising, promotional and other tangible materials bearing the Custom Homepage Link, and will provide Broadjam with URLs to any sites or materials anywhere on the Internet pointing to, linking to or otherwise referring to the Custom Homepage Link.

Linking: Other

The link must be a text-only link clearly marked "broadjam.com" or "www.broadjam.com";
The link must "point" to the URL "http://www.broadjam.com" and not to any other page within the Site;
The link, when activated by any user, must display the Site full-screen and not within a "frame" on the linking site;
The link shall not portray Broadjam or its products or services in a false, misleading, derogatory, or otherwise offensive matter;
The link may not use any Broadjam logo or other proprietary graphic or trademark as part of the link without Broadjam's prior express written permission; and
The appearance, position and other aspects of the link must not be such as to damage or dilute the goodwill associated with our name and trademarks or create any false appearance that we are associated with or sponsor the linking site.

1.06 Ownership of Materials.

1.07 Digital Millennium Copyright Act (DMCA) Policy.

How to report a claim of infringement

written

addressed to our agent

and must provide the following information

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note

How to make a counter notification

written

addressed to our agent

and must provide the following information

A physical or electronic signature of the subscriber.
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

It is Broadjam's policy to terminate subscribers and account holders who are found to be repeat infringers.

Broadjam's Designated Agent

legal@broadjam.com

1.08 User Representations.

1.09 Grant of Rights.

Public performance license for compositions.

not

Public performance license for sound recordings.

Reproduction licenses for compositions and sound recordings.

Podcasts.

Broadjam Free Songs

1.10 Disclaimer of Warranties.

Digital Millennium Copyright (DMCA) Policy

1.11 Limitation of Liability.

1.12 Copyright and Trademark Notices.

1.13 Parental Control Protections.

http://internet-filter-review.toptenreviews.com/

1.14 Special Admonitions for International Use.

1.15 Deliveries.

1.16 Links or Pointers to Other Sites.

1.17 Removal of Materials.

1.18 Modifications to Agreement and Services.

1.19 Miscellaneous.

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
The provider of service is Broadjam, Inc. 6401 Odana Rd., Madison, WI 53719, telephone (608) 271-3633
There is no charge for using the Site. Charges for Subscriptions and particular Services are available by contacting Broadjam at the above address, Attention: Customer Service.

1.20 Acceptance of Electronic Contract.

SUBSCRIPTION PROVISIONS

2.01 General

2.02 Term and Service Benefits.

customerservice@broadjam.com

2.03 Accuracy and Posting of Information and Materials.

2.04 Termination.

Section 1.17

Section 4.04

2.05 Subscription Fees.

2.06 Modifications to Subscriber's Account.

2.07 Breach.

HOSTING AGREEMENT

3.01 Applicability

3.02 Reserved

3.03 Hosting Subscriber's Representations, Warranties and Obligations.

DMCA policy

disseminate or transmit unsolicited messages, chain letters or unsolicited commercial email;

disseminate or transmit any material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious;
disseminate or transmit files, graphics, software or other material, data or work that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person;
create a false identity or to otherwise attempt to mislead any person as to the identity, source or origin of any communication;
export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses and/or exemptions;
interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account which Hosting Subscriber does not have authorization to access or at a level exceeding Hosting Subscriber's authorization;
disseminate or transmit any virus, Trojan horse or other malicious, harmful or disabling data, work, code or program; or
engage in any other activity deemed by Broadjam to be in conflict with the spirit or intent of this Agreement or any Broadjam policy.