General Terms and Conditions

1. SERVICE. Bridge Media., provides streaming media on-demand hosting services for the Customer as per the service package selected. Bridge Media reserves the right to modify its network or the facilities used to provide the Services for purposes including but not limited to accommodating evolving technology and increased network demand, and providing enhanced services. Bridge Media shall use reasonable efforts to notify the Customer of any planned changes to Bridge Media’s network or facilities that affect the Services provided herein.

2. TERM OF SERVICE. The term of this Agreement is 30 days, and renews automatically on a month-to-month basis at the end of the initial term, unless Customer initiates cancellation (see section below).

3. PAYMENT.

3.1 Customer shall pay account charges for the month in advance. Bandwidth usage that exceeds the allotted amount for the previous month will be billed at $00.01 per megabyte (MB) transferred, or at the next highest hosting package, which ever is lesser. Bridge Media reserves the right to change rates by notifying Customer thirty (30) days in advance of the effective date of change.

3.2 All payments will be made in US currency. Unless otherwise agreed upon, Customer shall pay by credit card. If supplied credit card is declined, Customer will be notified of the problem by e-mail and must supply a valid credit card for service to continue.

4. CANCELLATION POLICY. Customer may cancel the account at any time. Accounts will remain active until the end of the current prepaid month, or until Accounts expend remaining balances. No fees or moneys will be refunded to Customer. For security, all cancellation requests must be sent from the e-mail address of the primary contact on the account. Any cancellation by Bridge Media or Customer shall not relieve Customer of any obligations to pay fees accrued prior to such cancellation. Send cancellation requests to info@bridgemedia.com.

5. USE OF SERVICE.

5.1 Bridge Media exercises no control over, and accepts no responsibility for the content of the information passing through Bridge Media host computers, network hubs or points of presence. Customer agrees to indemnify and hold harmless Bridge Media for any losses, damages, cost or expenses resulting from any third party claim or allegation ("Claim") arising out of or relating to use of the Services.

5.2 Customer, and not Bridge Media has exclusive control over the content residing on Bridge Media’s server(s). Customer acknowledges that Bridge Media does not exercise editorial or any other control over any and all content placed in the Customer’s server directory.

6. CONSEQUENTIAL DAMAGE WAIVER AND LIMITATION OF LIABILITY. NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENT, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT FROM CUSTOMER’S OR CUSTOMER’S USERS’ USE OF THE BRIDGE MEDIA SERVICE INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES FOR LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS.

7. NO WARRANTY. BRIDGE MEDIA PROVIDES THE SERVICES AS IS. BRIDGE MEDIA (A) MAKES NO WARRANTIES WHETHER EXPRESSED OR IMPLIED, AND (B) DISCLAIMS ANY WARRANTY OF TITLE, MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE IN THE EVENT THAT BRIDGE MDIA PROVIDES CUSTOMER WITH PRODUCTS IN CONJUNCTION WITH THE SERVICES, FOR EXAMPLE, THIRD PARTY SOFTWARE PRODUCTS, BRIDGE MEDIA ALSO PROVIDES SUCH PRODUCTS AS IS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.

8. FORCE MAJEURE. Neither party shall be liable of any delay or failure in performance due to Force Majeure, which shall include without limitation, acts of God, earthquake, labor disputes, riots, war, fire, epidemics, acts or omissions of vendors or suppliers, equipment failures, transportation difficulties, or other events which are beyond its reasonable control.

9. AGREEMENT SCOPE.

9.1 This Agreement shall be governed by and constructed in accordance with the laws of the State of California, irrespective of it choice of law principles. Any action arising hereunder shall be brought in either the state of federal courts of California and each of the parties shall submit itself to the jurisdiction of such courts for purposes of any action and waives any rights to removal and change of venue. No failure on the part of either party to exercise, and no delay in exercising, any right or remedy hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right or remedy hereunder preclude any other or further exercise thereof or the exercise of any other right or remedy granted hereby or by law.

9.2 This Agreement, including any Attachments hereto, sets forth the entire agreement between Bridge Media and Customer with respect to the subject matter within and supersedes all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted.

© 2006 Bridge Media