TERMS OF SERVICE

This is an agreement between the END USER (hereinafter “user”) and Tarheel Media, a brand of MLW And Associates, LLC (hereinafter “the company”). Welcome to Tarheel Media. The Tarheel Media website (hereinafter “the site” or “the website”) and domain name https://tarheel.media is comprised of various web pages operated by the company. The website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. Tarheel Media is a commercial services company using our website to provide you with various service for online and digital marketing.

You use of the website is subject to the Tarheel Media Online Privacy Policy at https://tarheel.media/privacy-policy/ . Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Visiting Tarheel Media website or sending email to Tarheel Media constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Tarheel Media is not responsible for third party access to your account that results from theft or misappropriation of your account. Tarheel Media and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Tarheel Media does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Tarheel Media website only with permission from a parent or guardian.

Tarheel Media website may contain links to other websites (hereinafter “Linked Sites”). The Linked Sites are not under the control of Tarheel Media and Tarheel Media is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Tarheel Media is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Tarheel Media of the site or any association with its operators.

Certain services made available via Tarheel Media website are delivered by third party sites and organizations. By using any product, service or functionality originating from the Tarheel Media website or domain, you hereby acknowledge and consent that Tarheel Media may share such information and data with any third party with whom Tarheel Media has a contractual relationship to provide the requested product, service, or functionality on behalf of Tarheel Media users and customers.

You are granted a non-exclusive, non-transferable, revocable license to access and use the Tarheel Media website strictly in accordance with these terms of use. As a purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Tarheel Media or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions constrained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Tarheel Media content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of the protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Tarheel Media and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Tarheel Media or our licensors except as expressly authorized by these Terms.

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively hereinafter, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as limitation, you agree that when using a Communication Service, you will not defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as the rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of the privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such a manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restricted or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Tarheel Media has no obligation to monitor the Communication Services. However, Tarheel Media reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Tarheel Media reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Tarheel Media reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Tarheel Media’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Tarheel Media does not control or endorse the content, messages or information found in any Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Tarheel Media spokespersons, and their views do not necessarily reflect those of Tarheel Media.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

While we do not monitor most websites for content, we do not allow content which violates the laws of North Carolina or the United States of America. Such content will constitute a violation of the Terms of Service and the Acceptable Use Policy and subject the account to suspension without the recourse for a refund.

We understand that sometimes content posted to your website may not be under your control due to a comprised website or multi-user usage. Removing the content from your website will allow for your services to resume as normal. However, your account will receive an abuse strike. After three strikes, your account is terminated without any recourse for a refund.

Concerning materials provided to Tarheel Media website or posted on any Tarheel Media web page, Tarheel Media does not claim ownership of the materials you provide to the Tarheel Media website (including feedback and suggestions) or post, upload, input or submit to any Tarheel Media Site or our associated services (collectively hereinafter “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Tarheel Media, our affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet Business including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to your use of your Submission, as provided herein. Tarheel Media is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Tarheel Media’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

You will be able to connect your Tarheel Media account to third party accounts. By connecting your Tarheel Media account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy setting son those third party sites). If you do not want information about you to be shred in this manner, do not use this feature.

We offer several services which are described as or may contain attributes that are described and marketed as “Unmetered”. UNMETERED does not mean UNLIMITED nor should you assume so. Unmetered means we do not limit your usage so long as it does not impact our servers, services, or other clients in a negative way. You should always be mindful of the items you host on our networks and monitor your usages, especially your CPU usage. Because some services cannot or are not bound to a specific user name (namely MySQL) we limit your usage by the amount of data each table holds or the quantity of tables.

You should never exceed more than 800 tables per MySQL database, nor should you exceed one gigabyte per database. We will start to warn you when you near these performance limits that MySQL has set for their software. Should your site at any time be deemed to be using more than its “fair use” or “fair share”, you will receive a warning email and be given 48 hours to make any necessary adjustments to bring your site back in compliance to this term. Should your site be unable or not willing to comply to the email you receive within a 48 hour time-frame (from the time-stamp on the email) your site will be suspended.

On the date of suspension, an email will be sent offering the client an upgrade to a VPS (Virtual Private Server) or Dedicated Server at normal rates. These can be both managed and unmanaged. This section is set forth to all clients whom have purchased any variety of hosting plans in which are not managed (all management of files and databases are done by the client).

You agree to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control over any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

THE PRODUCT, TARHEEL.MEDIA AND SERVICES OFFERED AS PART OF THE SITE IS PROVIDED TO YOU FREE OF CHARGE, AS-IS WITH NO EXPRESSED, IMPLIED, OR OTHERWISE WRITTEN OBLIGATION OF WARRANTY TO CONSTRUCTION, WORKMANSHIP, OR LIABILITY TO THE COMPANY.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN, Tarheel Media AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS-IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS OR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF THIS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

THROUGH SERVICES THAT ARE SOLD ON OUR WEBSITE, THEY ARE OFFERED WITH A LIMITED 30 DAY MONEY-BACK GUARANTEE. SHOULD YOU, THE CLIENT, BE DISSATISFIED FOR ANY REASON DURING THE FIRST THIRTY DAYS OF A MONTHLY BILLING SERVICE, SIMPLY LET US KNOW AND YOU WILL BE REFUNDED IN FULL WITH THE EXCEPTION OF DEPOSITS. SHOULD YOU DECIDE TO CANCEL A SERVICE, WE WILL DETERMINE AT THE TIME OF CANCELLATION IF YOUR ACCOUNT IS ELIGIBLE FOR A REFUND OF UNUSED PORTIONS OF THE YEARLY SERVICE AGREEMENT.

THROUGH LABOR THAT IS SOLD ON OUR WEBSITE, IT IS OFFERED AS-IS AND MAY NOT BE ELIGIBLE FOR ANY WARRANTY OTHER THAN THAT OF WHICH IS PROVIDED BY NORTH CAROLINA STATE LAW.

The Company reserves the right, in its sole discretion, to terminate your access to the Site and the related services for any portion thereof any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of North Carolina and you hereby consent to the exclusive jurisdiction and venue of courts in North Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between the Client and the Company as a result of this agreement or use of the Site. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the Company with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents as records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

The Company reserves the right, in its sole discretion, to change the Terms under which the Company website is offered. The most current version of the Terms will supersede all previous versions. The Company encourages you to periodically review the Terms to Stay informed of our updates.

The Company welcomes your questions or comments regarding the Terms by writing us at:

Tarheel Media
P.O. Box 373
Princeton, NC 27569

Email Address:
legal@tarheel.media

Fax number:
+1 (919) 364-8451