Terms of service

By using the 45minutesto.com web site (“Service”), a division of Carbuccia & Associates Inc. (“45MinutesTo” or “we” or “the Service”), the user (“user” or “you” or “your”) are agreeing to be bound by the following terms and conditions

General terms

You must be at least 18 years of age to use the Service.

You may not access the Service using automated processes or bots.

You agree that all aspects of the Service, including software, graphics and documentation are the proprietary property of 45minutesto.com. They are protected by copyright, and they may only be used or accessed as specifically provided for in this Agreement.

We reserve the right to modify, suspend or discontinue the Service at any time without notice.

We reserve the right to edit/delete website content, terminate accounts, transfer ownership of accounts and domains, or block access to the Service at our sole discretion and without notification.

All support is via email. We will only send account information (including passwords) to the email address registered to the account, or the PayPal address paying for the account (if there is one). For this reason, you must always maintain a valid email address associated with your account.

Trademark and Copyright

1. You must own the intellectual property (copyright and trademarks) to any material uploaded to our servers.
2. You may not copy, reuse or resell any portion of the Service, including HTML, template graphics or fonts without written content from 45minutesto.com.

Acceptable Use

45minutesto.com does not allow any of the following content, or links to external sites with such content on user sites:

* Pornographic or sexually explicit material
* Content of an illegal nature, including copyright materials
* Content that is deemed to be threatening, obscene or that has the purpose of inciting hate

You may not use the Service to send unsolicited emails. We reserve the right to disable outgoing emails from your account if emails sent from it are marked as spam by recipients.

You may not decompile, disassemble, reverse engineer, copy, create a derivative work, or display the Software code in human readable form, or otherwise use the Services (which includes its software and documentation) except as explicitly provided for in this agreement.

We reserve the right to throttle bandwidth from your website if it exceeds 10 GIGs in a 30 day period.

Fees

1. All audio books or pdf, word, and not limited to any form of digital media that will be sold on this site is subject to our referral fee of 15% per item sold.
2. Upgrades/downgrades of plans take effect at the end of your current billing cycle.
3. Prices for the Service can change at any time, subject to 90 days notice.
4. 45minutesto.com will not own the rights to your work.  Our focus is on distribution of your material.  Once you choose to work with us, we are seeking to have an exclusive right to sell your audio books titled 45 Minutes to… “your title” (including
any attachments to the file) for a period of 3 years.
5. There is also a 6 month seasoning period after the end of the 3 year term for any outstanding orders that come from our previous advertisement.
6.  If you choose to continue selling work after the 3 year period, new terms will be negotiated.

Refund/Cancellation/Chargeback terms

1. To cancel your account, you must click the “Cancel” link in the “Account” section of your control panel. Cancellation requests by email or live chat will not be accepted.
2. Cancellation must be submitted 2 business days prior to the re-billing date.
3. If you cancel a prepaid plan, we provide a pro-rated refund to your credit card or PayPal account. We cannot send refunds via check.
4. There are no refunds for monthly plans.
5. Domain registration and setup fees are non refundable.
6. Websites will be permanently deleted after cancellation.
7. Credit card or PayPal chargebacks will incur a fee of $100 to reinstate accounts. Users sites that incur chargebacks will be permanently deleted, and domain ownership transferred to 45minutesto.com.
8. Bounced checks will incur a fee of $25 to reinstate accounts.

Domain names

1. We are not liable for any domain name related issues, including but not limited to domain name ownership, failure to register or renew domains.
2. Domains will not be renewed after cancellation.
3. If a request to transfer a domain registered with 45minutesto.com is not submitted via the control panel prior to or at the time of cancellation, 45minutesto.com will retain full ownership of said domain.

Temporary Use License Granted

The User is not granted a license or any other right to store any of the Services (including any portion of the software or documentation) on any computer or other device, or copy or otherwise use such information to create derivative works.

Indemnification and Warantees

Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis.

We do not warrant the Service will be secure, error free or uninterrupted. We are not responsible for any loss of data on our servers.

User agrees that it shall defend, indemnify, save and hold 45minutesto.com harmless from any and all demands, liabilities, losses, potential losses, claims, costs and expenses (including attorney’s fees), asserted against 45minutesto.com, its affiliates, subsidiaries, partners, agents, customers, officers, contractors, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by user, it’s agents, employees or assigns.

Miscellaneous

If a breach of these terms results in damages or costs to 45minutesto.com, they will be billed to the user member (including but not limited to: data transfer, storage space, legal costs.)

Nothing herein contained shall be construed as in any way constituting a partnership between 45minutesto.com and the user, or be construed to evidence the intention to constitute such a legal relationship.

If for any reason any provision of these terms of service shall conflict with any statute, law, regulation or ordinance, then in such event the provision in question shall be modified only to the extent necessary to bring it within such requirements, and (as modified) these terms of service shall continue in full force and effect.

No waiver by 45minutesto.com hereto of any breach by the user hereto of any provision of these terms of service shall be deemed a waiver of any other breach of the same or any other provision of these terms of service.

These terms of service are governed by and construed in accordance with the jurisdiction of New York and the laws of the United States of America, and are applicable to all international users including the UK, Canada and the USA.

Privacy Policy

For more details on privacy, click here to view fully explained privacy terms.  When you create a trial account, we store your band name and email address in our database. Paid user members also have their billing address and full name stored. This information is not shared with any other organization unless we have your approval, or the information is required to investigate or prevent illegal activities, fraud, or violation of our terms of service.

We will not contact you after your account has expired for 30 days.

To access the Service, a Cookie with a unique identifier is required.

45minutesto.com reserves the right to modify these terms at any time without notification. For questions about the terms, contact  via email to support@45minutesto.com or:

Carbuccia & Associates Inc.
510 Hempstead Tpke.
West Hempstead, NY  11552

45 Minutes To… is a registered Trademark
® © 2009 Carbuccia & Associates Inc.