By signing up as a Client with MySpace Promotions, you agree to the following Terms of Service.

This agreement is by and between MySpace Promotions and all Clients. Unless the context requires otherwise, MySpace Promotions shall be referred to as "us, we, or our" and you shall be referred to as "you, your or Client."

Upon payment of fees, MySpace Promotions agrees to perform the services set forth at our web site in the description of said services, and any other services agreed upon in writing between MySpace Promotions and the Client.

You understand that MySpace Promotions does not guarantee or predict any type of profit or response from said services. Client agrees to hold MySpace Promotions harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which MySpace Promotions and/or their assigns may become subject arising out of or relating in any way to the use of the services provided under this agreement, including, without limitation, in each case attorneys' fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.

A. Services to be Provided. We agree to promote you on MySpace and on the Internet in accordance with the description of service(s) you are paying for. We agree to provide one-time services such as, but not limited to, banner creation, logo creation and MySpace account setup in accordance with the description of same at our web site.

B. Termination. We may terminate your account:

(a) if you violate our Terms Of Service Policy; (b) attempt to utilize the services of MySpace Promotions in a manner that is unethical or inappropriate; or (c) for any reason, in our sole discretion.

C. Refunds. Upon termination of services by you or by us, refunds will be made as follows:

(a) For month-to-month subscriptions: Refund of the full months' fee will be made if termination is requested within five (5) days of the first day of the billing cycle. Otherwise, no refund will be made.

(b) For pre-paid subscriptions of 3 months or more: If termination of the account occurs within five (5) days of the first day of the billing cycle, a refund of the entire pre-payment for the cycle will be made. If more than five (5) days into the billing cycle, a refund of each full month remaining on the subscription will be made.

(c) For pre-paid, one-time fee services: No refund will be made if the service was completed and the product delivered. A refund of all or part of the amount pre-paid may be negotiated based on the amount of work done, and what, if anything, has been delivered.

D. No Warranties. WE MAKE NO WARRANTIES TO YOU OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE MySpace Promotions, ITS SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE. We shall not be liable for any damages suffered by you, whether indirect, special, incidental, exemplary, or consequential, including, by not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible for your lost profits or for your loss of data or information. If notwithstanding this clause we are held liable to you.

E. TERMS. You agree: (1) to use our services in a manner that is ethical and in conformity with community standards; (2) to respect the privacy of other clients (you shall not intentionally seek data belonging to other users, nor will you modify files or represent yourself as another client unless explicitly authorized to do so by that client); (3) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property. 4) to accept commercial emails from us.

If we learn of a violation or likely violation of our TERMS OF SERVICE, we will attempt to notify you. If you do not take immediate remedial action which is satisfactory to us, or in the event of a serious violation of the TERMS OF SERVICE, we reserve the right to terminate your account immediately. Every effort will be made to inform you prior to account termination, and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances.

F. Assignment. This agreement is personal to you. You may not assign your rights under this agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account, you shall remain liable to us for any fees due under this agreement. We may assign this agreement at any time.

G. Change of Terms and Conditions. We reserve the right to change the terms and conditions of this agreement as needed. Use of our servers by you after said changes constitutes acceptance of those new terms and conditions. If you do not agree to the new terms and conditions, you may terminate this agreement in accordance with Section B.

H. Notification of Account Changes. You agree to provide us with such other information relating to your use of this service as we deem necessary or desirable. You agree to notify us if your address, email address, telephone number, billing information changes.

I. Notices. All notices, requests, demands, and other communications under this agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with a cc: to sender; if sent by fax; or on the third day after mailing by first class mail.

J. Privacy. MySpace Promotions respects the privacy of its clients. You understand that because we are promoting you to fans, press, and other necessary entities to the furtherance of your career, film, CD, DVD or other product you produce, your contact information, including but not limited to, your e-mail address, mailing address, or other contact information you have requested in writing that we circulate, will be placed in public areas where we have no control over its future use. However, MySpace Promotions will never sell, rent, or lease information about you to third parties not directly involved in the promotion of you you, your product, or your service without your express, written permission.

K. General Provisions. The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force. This agreement constitutes the entire agreement between us pertaining to its subject matter and supersedes all of our prior agreements, representations, and understandings. Subject to Section I, no supplement, modification, or amendment of this agreement shall be binding unless executed in writing by both parties. No waiver of any of the provisions of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. This agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument. If an organization is the Client, the individual signing up for our services represents that he or she is duly authorized to enter into this agreement on behalf of that organization. In the event of a dispute, the parties agree to submit the matter to the Community Dispute Resolution Service or any recognized Arbitration Board located within our state and county, before instituting litigation.