Terms of Service

TERMS OF SERVICE

HeirChex Digital Servicing is a digital audio servicing company. Using state of the art technology in digital audio servicing, archived digital audio, digital interviews, and much more, our interest is in offering you, the customer, the best services available at an affordable and competitive rate.
Based in Rochester, NY, HeirChex Digital Servicing is a wholly owned division of HeirChex LLC and owned and operated by:
President, CMO - Samme Palermo - Over 30 years of multi-faceted radio experience. Disc Jockey, Program Director, Music Director, and Ordained Minister.

Vice President, CIO, Treasurer - Aaron Monello - Computer science major and Web Designer with over 20 years of computer and internet experience.

Secretary, Project Management - Erik Nielsen - Project manager and consultant.

General Legal Counsel - Sharon Dimuro

Site Usage Acceptance:
By using this site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Service"). If you do not agree to these Terms of Service please do not use this site. HeirChex reserves the right, at our discretion, to update or revise these Terms of Service. Please check these Terms periodically for changes. We will make every attempt to contact you via your email address you provided when you signed up to let you know when these Terms of Service have changed. Your continued use of this site following the posting of any changes to the Terms of Service constitutes acceptance of those changes.

Account Settings:
HeirChex has established an account for all members. This account is enabled for legitimate use of the services provided by HeirChex. The account settings, timeouts, duration as well as any other settings are controlled by HeirChex and are changed at the sole discretion of HeirChex according to the terms of the membership section set forth in this document. Currently the settings are as follows: Timeouts are set at 15 minutes of inactivity, downloads are limited to 2 per current singles and no limit for archive singles.

Membership Details:
HeirChex offers membership based access to the site for downloading of copyright material. All members will have to sign and notarize forms verifying their professional status including but not necessarily limited to one of the following: professional radio personality, promoter, artist, or label. Other professions may be considered at the sole discretion of HeirChex. Length of membership varies according to dues paid. Dues are time based according to the prices set forth on the website. Prices may change at the sole discretion of HeirChex.

Copyrighted Materials:
HeirChex, as part of a membership, offers material that is copyrighted. HeirChex will perform every possible precaution in protecting the copyright of the submitting artist, label, promoter, etc. Member agrees to take all responsibility for downloaded material that is copyrighted. This material is strictly for professional use and HeirChex is not responsible for any misuse of copyrighted material. By agreeing to this Terms of Service, member agrees to not hold HeirChex responsible for any copyright infringement.


Procedure For Making Claims of Copyright Infringement:
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, notify us immediately by emailing admin@HeirChex.com .


Third Party Sites:
This site may produce automated search results, or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of HeirChex, and you acknowledge that HeirChex is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of these links do not imply endorsement of the site by HeirChex or any association with its operators.

Server Abuse:
Any attempts to undermine or cause harm to the HeirChex server is strictly prohibited. Attempting to hack, insert code, upload malicious code, or bypass code is prohibited. HeirChex will work with appropriate authorities as well as pursue legal action to the fullest extent for all abuse. HeirChex may ban, suspend or remove accounts at their sole discretion.

Suspension/De-Activation:
If any terms or conditions are failed to be followed it will result in grounds for account suspension or de-activation. HeirChex reserves the right to remove any account without prior notice. If HeirChex deactivates your account(s) for violating policy, you will forfeit your rights to a refund at the sole discretion of HeirChex. Normal policy is a warning first, and account de-activation the second offense. Serious offenses may cause immediate de-activation. Seriousness of offense is judged based on the sole discretion of HeirChex.


DISCLAIMER OF WARRANTIES:
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE ("CONTENT") ARE PROVIDED "AS IS" AND/OR "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. HEIRCHEX DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK WITH YOUR STATE AND LOCAL LAWS FOR ANY EXCLUSIONS.

LIMITATION OF LIABILITY:
UNDER NO CIRCUMSTANCES SHALL HEIRCHEX BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE UNLESS OTHERWISE NOTED IN OTHER AREAS OF THIS DOCUMENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF HEIRCHEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, HEIRCHEX'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. MEMBER SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS HDS FROM AND AGAINST ALL CLAIMS, COSTS, LIABILITIES, JUDGMENTS, EXPENSES AND DAMAGES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS) ARISING FROM OR RELATED TO YOUR USE OF THIS WEBSITE OR ANY BREACH OF ANY REPRESENTATION OR WARRANTY SET FORTH BY HDS OR ANY MEMBER.

PRIVACY STATEMENT

HeirChex respects the privacy of every individual who visits our Web sites, responds to our interactive advertisements, sends us e-mail or contacts us in any way. This Privacy Statement outlines the information HeirChex will collect and how we will use that information. This Statement will also instruct you on what to do if you do not want your personal information collected or shared when you visit our Web sites, respond to our Web-based advertisements, send us email, or contact us in any way.
HeirChex will not collect any personally identifiable information about you (that is, your name, address, telephone number, or email address) unless you provide it to us voluntarily.

The following are some examples of when HeirChex may require that you provide personally identifiable information:

To complete an online order for a product or service.
To enter an online contest or sweepstakes (if you do not wish to complete an online contest or sweepstakes form, we will always provide an option for you to enter by mailing a 3 x 5 card to a specific address).
To request more information about new or current HeirChex products or services.
To sign up for a membership to access the site for copyrighted material.

If you do not want your personally identifiable information collected, please do not submit it to us. If you have already submitted this information and would like for us to remove it from our records, please contact us at the email address listed at the bottom of this Statement. We will use reasonable efforts to delete your information from our existing files. Keep in mind this will also terminate your membership with us.

When you do provide us with personally identifiable information, we may use that information in the following ways, unless stated otherwise:

We may store and process that information to better understand all customer needs and how we can improve our products and services for all customers.
We may use that information to contact you with new promotions and announcements if you have previously provided your permission and if the promotions and announcements are in your interest.
We may contact you if we have questions about your account.
We will give reports on your download activity logs to the owners of the material (labels and artists).
We may offer your contact information, download activity, and/or site activity to certain members (including but not necessarily limited to: labels) as proof that HeirChex is complying with contractual obligations as well as marketing agreements between said members.

Service Level Agreement

Uptime Guarantee:
HeirChex strives to maintain a 99.5% network and server uptime service level. This uptime percentage is a monthly figure, and is calculated solely by HeirChex monitoring systems. If HeirChex fails to meet its 99.5% uptime guarantee, and it is not due to one of the exceptions below, credits may be made available to each client, upon request, on a case by case basis.

HeirChex will not credit a full month's service for minor downtime. "Partial refunds for partial downtime" is our standard policy. In extreme circumstances, HeirChex may offer full month credits, but this is dealt with on a case by case basis. Details on how credit amounts are calculated can be found below.

Exceptions:
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the HeirChex network caused by or associated with:
    * Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (i.e. fire, flood, earthquake, tornado, etc...), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement

Telco Failure (i.e. Verizon™ cutting a fiber line somewhere)
Backbone peering point issues (i.e. UUnet™ having a router go down in Virginia that wipes out internet service for the entire East Coast)
Scheduled maintenance for hardware/software upgrades
DNS issues not within the direct control of HeirChex
Client’s acts or omissions, including without limitation, any negligence, willful misconduct, or use of HeirChex service(s) in breach of Terms of Service Policy, by Client or others authorized (or not authorized) by Client.
Unauthorized usage that may cause DOS (delay of service), or other attacks on the server that cause service failures or delays. HeirChex will attempt to correct any problem as soon as it arises but cannot be held accountable for unauthorized use.

Connectivity:
An "outage” is defined as an instance in which member is unable to transmit and receive IP packets due to an HeirChex service failure for more than 15 consecutive minutes, excluding service failures relating to scheduled maintenance and upgrades. This does not include client premises equipment or any Telco access facilities connecting Client's premises to such infrastructure. HeirChex goal is to keep Average Round-Trip Latency on the network to 85 milliseconds or less. HeirChex defines “Average Round-Trip Latency”, with respect to a given month, as the average time required for round-trip packet transfers between the HeirChex server and major US backbone peering points during such month, as measured by HeirChex. HeirChex goal is to keep Average Packet Loss on the HeirChex server to 1% or less. “Average Packet Loss” is defined as, with respect to a given month, the average percentage of IP packets transmitted on the HeirChex server during such month that are not successfully delivered, as measured by HeirChex.

Credits:
Credit requests must be made on the HeirChex web site, by using the Support Desk or emailing admin@heirchex.com. Each request in connection with network/server outages/downtime must be received by HeirChex within five days of the occurrence. Each request in connection with Average Round-Trip Latency or Average Packet Loss in a calendar month must be received by HeirChex within five days after the end of such month. The total amount credited to a Client for HeirChex not meeting SLA service levels will not exceed the service fees paid by member to HeirChex for such services for the period in question. Each validly requested credit will be applied to a Member account within 30 days after HeirChex receipt of such request. Credits are exclusive of any applicable taxes charged to Member or collected by HeirChex and upon approval at the sole discretion of HeirChex.

Account cancellations:
Your Member account can be cancelled ONLY by an email to admin@heirchex.com. Other methods of cancellation are not valid. Once the request is submitted, account will be cancelled on the anniversary date of the member account. There are no “partial month” refunds. Member accounts not cancelled within 3 business days of anniversary date may not be cancelled and may be subject to another membership month and fees. Waivers may be done at the sole discretion of HeirChex.

Account cancellations Fees:
While there are technically no "fees" for canceling, there may be charges related to discounts for longer membership packages. For instance, purchasing a 12 month membership package may offer a total savings over only purchasing a 6 or 1 month membership. Canceling with more than 90 days from a yearly membership (or 60 from a 6 month membership) would cause you to be responsible for the monthly rate for the amount of time you used the service rounded to the next anniversary date. Whatever is left would be prorated as a refund which shall be mailed within 30 days of cancellation. The refund may include but is not limited to an HeirChex company check, money order, or Paypal payment.
General:
HeirChex reserves the right to change or modify this SLA to benefit the Member, and will post changes to location currently housing this TOS (Terms of Service) at time of modification, which will be made available to Member through a constant site link. Except as set forth in this TOS, HeirChex makes no claims regarding the availability or performance of the HeirChex servers. Specific terms/points of this TOS may be adjusted on a case by case basis.

DISC JOCKEY AGREEMENT

WELCOME! We are glad you want to join HeirChex Digital Servicing (HDS) in our efforts to support and distribute your music and audio globally. This is a NON-exclusive, contractual relationship which can be terminated at any time by either party.
If you need to leave, simply notify us. After we receive your request, we will contact you via email to confirm your desire to cancel your site membership. After our correspondence, we will terminate your access to our music*.
DEFINITIONS:

Effective Date:

The date you accept this agreement by clicking on the “Submit” button in the Membership Application area of this website.
Agreement:

The Internet Services Agreement that follows.
Artist:

That would be the recording artist, and if part of a band, then the reference to Artist includes the entire band. Artist also includes supporting production company or companies and licensed publisher.
Authorized preview:

A preview that is unique, from one fan.
HDS:

That is short for HeirChex Digital Servicing.
DJ/Radio Station:

The individual or entity sponsoring, conducting and broadcasting bona fide Christian radio programming to the public via radio frequencies.
Label:

The entity acting under contract authority with, by and on behalf of, an Artist musician with and for the express purpose of distributing and promoting the Artist’s Materials.
Artist(s) Material:

This includes, but is not limited to your audio material, video material, logos and text, your photos and likenesses, Artist's name, voice, signature (authentic or reproductions), picture, image, caricature, unique personal characteristics, nicknames, initials, statistics, biographical information and any and all other references to Artist's persona, personality or preferences and any other indicia of Artist's identity. Basically, anything the Artist supplies to HDS to promote the Artist.
Term:

This starts the day you join HDS membership, and ends One (1) calendar month later or the number of calendar months you purchase under one of the extended package deals. The term is automatically renewed unless we are notified via email or snail mail of your intent to not renew. The term is automatically renewed unless we are notified via email or direct white mail of your intent to not renew.
HDS Property:

Anything that belongs to HeirChex Digital Servicing. This includes HDS copyrights, patents, logos, trademarks, service marks, trade names, programming, computer code, client lists, marketing information, merchandising costs, names, images, graphics, likenesses and/or other intellectual property.
Gaming:

Any kind of attempt made to increase the number of downloads, hit counts or page view fictitiously. This includes, but is not limited to: email spoofing, deep linking, song trading which includes participating in link-exchange or download/stream-exchange web sites, trading web rings, trading clubs, trading stations, review clubs, trading boards, etc. Logging off and logging on to hit your page with new IP addresses will not be tolerated. If you feel this is occurring, please notify us.

INTERNET SERVICES AGREEMENT

This Agreement is made and entered into as of the Effective Date between HDS and the Radio Station/DJ.

Radio Station is or DJ acts under contract authority with and on behalf of a licensed Radio Station conducting bona fide broadcasts of Christian Music

HDS is a provider of interactive content to disc jockeys, radio stations and recording labels through various digital platforms on the Internet.

HDS and DJ/Radio Station desire to enter into this Agreement to set forth the terms upon which HDS shall make available and accessible various Artist’s Materials for downloading and use by the DJ/Radio Station in its regular course of business for purposes ONLY of bona fide programming and transmission over radio frequencies and NOT for personal use during the Term.

In consideration of the mutual covenants and promises contained herein and for other good and valuable consideration the receipt and adequacy of which are hereby acknowledged, the parties agree as set forth herein:
Services:
HDS Services. HDS shall provide and maintain the web site known as www.HeirChex.com and all online/Internet connectivity and hosting services (including the necessary hardware and software).
DJ/Radio Station Services. DJ/Radio Station agrees to:
- visit, access and utilize Artist Materials provided by HDS through its website at www.HeirChex.com;
- use its best efforts to include Artist Materials/Label Materials in its programming once downloaded.
- refrain and cause its employees to refrain from any and all types of download Gaming.
- not affiliate, associate or link HDS in any manner, to any kind of pornographic site.
Membership Fees. (Please read the Pricing information for all the details.)

Membership on HDS:
- Fee is based on One (1) calendar month billing cycles. Extended Terms are available after joining.
License.

Labels and Artists whose materials appear on www.HeirChex.com have granted to HDS a NON-EXCLUSIVE license to use, reproduce, display, distribute, broadcast, transmit, electronically scan, digitize and otherwise make available by any and all means the Artist Material throughout the universe in any and all languages to make it’s Artist’s Materials accessible to recording labels, disc jockeys and radio stations.
DJ/Radio Station do, through this Agreement granted herein, have a conditional and NON-EXCLUSIVE license to use, reproduce, display, distribute, broadcast, transmit, electronically scan, digitize and otherwise make available as part of bona fide radio broadcast programming by any and all means the Artist Material throughout the universe in any and all languages.
Neither Radio Station nor DJ and its Radio Station shall acquire any right under this Agreement to use, HDS Property without HDS prior written consent, which consent HDS may grant or deny in its sole discretion.
All right, title and interest in and to any and all materials furnished by Labels and Artists, for or in connection with the services rendered hereunder, shall continue to be, the Label’s sole and exclusive property during and after the Term, with no right to use extending to any DJ/Radio Station member in connection with this Agreement other than that specifically recited herein.
Publicity Limitations. Both parties mutually agree to not slander, malign or in any manner debase each other.
Representations and Warranties. DJ/Radio Station represents and warrants that (a) it has the right to enter into and fully perform this Agreement; HDS also represents and warrants that Labels and Artist’s accessible on the www.HeirChex.com website have represented as part of their membership that there are no liens or encumbrances against any of the Labels/Artist’s Material which are provided, which would be inconsistent with the rights granted to HDS hereunder. HDS provides no independent indemnification as to liens, warranties and encumbrances of Artist’s Materials as provided independently or through their contracted Label.
Mechanical License. Labels and Artists accessible on the www.HeirChex.com website have represented as part of their membership that they have all rights to perform the song and when necessary, have obtained a mechanical license in compliance with the United States Copyright Act or other applicable governing body. Label, for and on behalf of itself and its Artist, and have agreed to furnish HDS a copy of the license upon request. HDS provides no further independent indemnification to DJ/Radio Station as to mechanical licenses held by Artists or their contracted Label.
Indemnification. Radio Station and DJ on behalf of his/her radio station, shall indemnify, defend and hold harmless HDS from and against all claims, costs, liabilities, judgments, expenses and damages (including reasonable attorneys' fees and costs) arising from or related to any breach of any representation or warranty set forth.
Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN AND EXCEPT IN CONNECTION WITH A BREACH OF SECTIONS 5, 6, AND/OR 7 HEREOF, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF THIS AGREEMENT OR THE BREACH OF ANY TERM, COVENANT, REPRESENTATION, WARRANTY OR OBLIGATION CONTAINED HEREIN.
Term and Termination.

Term. This Agreement shall commence as of the Effective Date and continue in effect until the Radio Station/DJ or HDS terminates by written notice to the other party.
Effects of Termination. HDS shall cease and desist from any further digital accessibility or offering of Label’s Materials to terminating Radio Station/DJ.
Notices. If you need to notify us, here is our address:

HeirChex Digital Servicing
998 Beaver Creek Rd.
Webster, NY 14580
General. This Agreement constitutes the entire agreement between HDS and the Radio Station/DJ for and on behalf of itself in connection with the subject matter hereof and supersedes any and all prior agreements and understandings (whether written or oral) between the parties and any representatives. HDS reserves the exclusive right to modify and/or amend this agreement from time to time with or without notice (please check here often). If any portion of a provision of this Agreement is deemed invalid or unenforceable as a matter of law, such provision shall be enforced to the greatest extent permissible by law. Nothing contained herein shall be construed as creating a joint venture, employment relationship or partnership between the Radio Station/DJ for and on behalf of itself and HDS . This Agreement shall for all purposes be governed by and interpreted in accordance with the laws of the State of New York.

I HAVE READ THE ABOVE AND AGREE TO BE BOUND BY THE HEIRCHEX DIGITAL SERVICING INTERNET SERVICES AGREEMENT: I am over the age of 18, am an authorized employee of a Radio Station duly licensed by FCC or am a DJ currently conducting and performing Christian radio programming for a Radio Station duly licensed by the FCC. If you agree and continue on with the signup process, you are signing up for membership renewing each 1 calendar month period (extended memberships are available once you are a member). Please make SURE you are able to receive emails from the email account you list as your contact email. Make sure to allow ANY emails from @HeirChex.com to be sent to your inbox. If you have any problems signing up, please contact us immediately.

*Music/audio is placed on the site for two month periods. If a membership is cancelled, all music/audio will remain on the site through the next membership period (for example, Membership is from October 7 through December 6. HeirChex receives a cancellation notice on October 20th. The account will be cancelled as of December 6. (Labels and Artists have the option at any time to request that we unpublish the music/audio regardless of account status and without advance notice to accessing DJ or Radio Station members.)

RADIO STATION AGREEMENT

WELCOME! We are glad you want to join HeirChex Digital Servicing (HDS) in our efforts to support and distribute your music and audio globally. This is a NON-exclusive, contractual relationship which can be terminated at any time by either party.
If you need to leave, simply notify us. After we receive your request, we will contact you via email to confirm your desire to cancel your site membership. After our correspondence, we will terminate your access to our music*.
DEFINITIONS:

Effective Date:

The date you accept this agreement by clicking on the “Submit” button in the Membership Application area of this website.
Agreement:

The Internet Services Agreement that follows.
Artist:

That would be the recording artist, and if part of a band, then the reference to Artist includes the entire band. Artist also includes supporting production company or companies and licensed publisher.
Authorized preview:

A preview that is unique, from one fan.
HDS:

That is short for HeirChex Digital Servicing.
DJ/Radio Station:

The individual or entity sponsoring, conducting and broadcasting bona fide Christian radio programming to the public via radio frequencies (or internet broadcast at the discretion of HDS).
Label:

The entity acting under contract authority with, by and on behalf of, an Artist musician with and for the express purpose of distributing and promoting the Artist’s Materials.
Artist(s) Material:

This includes, but is not limited to your audio material, video material, logos and text, your photos and likenesses, Artist's name, voice, signature (authentic or reproductions), picture, image, caricature, unique personal characteristics, nicknames, initials, statistics, biographical information and any and all other references to Artist's persona, personality or preferences and any other indicia of Artist's identity. Basically, anything the Artist supplies to HDS to promote the Artist.
Term:

This starts the day you join HDS membership, and ends One (1) calendar month later or the number of calendar months you purchase under one of the extended package deals. The term is automatically renewed unless we are notified via email or snail mail of your intent to not renew. The term is automatically renewed unless we are notified via email or direct white mail of your intent to not renew.
HDS Property:

Anything that belongs to HeirChex Digital Servicing. This includes HDS copyrights, patents, logos, trademarks, service marks, trade names, programming, computer code, client lists, marketing information, merchandising costs, names, images, graphics, likenesses and/or other intellectual property.
Gaming:

Any kind of attempt made to increase the number of downloads, hit counts or page view fictitiously. This includes, but is not limited to: email spoofing, deep linking, song trading which includes participating in link-exchange or download/stream-exchange web sites, trading web rings, trading clubs, trading stations, review clubs, trading boards, etc. Logging off and logging on to hit your page with new IP addresses will not be tolerated. If you feel this is occurring, please notify us.

INTERNET SERVICES AGREEMENT

This Agreement is made and entered into as of the Effective Date between HDS and the Radio Station/DJ.

Radio Station is or DJ acts under contract authority with and on behalf of a licensed Radio Station conducting bona fide broadcasts of Christian Music

HDS is a provider of interactive content to disc jockeys, radio stations and recording labels through various digital platforms on the Internet.

HDS and DJ/Radio Station desire to enter into this Agreement to set forth the terms upon which HDS shall make available and accessible various Artist’s Materials for downloading and use by the DJ/Radio Station in its regular course of business for purposes ONLY of bona fide programming and transmission over radio frequencies and NOT for personal use during the Term.

In consideration of the mutual covenants and promises contained herein and for other good and valuable consideration the receipt and adequacy of which are hereby acknowledged, the parties agree as set forth herein:
Services:
HDS Services. HDS shall provide and maintain the web site known as www.HeirChex.com and all online/Internet connectivity and hosting services (including the necessary hardware and software).
DJ/Radio Station Services. DJ/Radio Station agrees to:
...visit, access and utilize Artist Materials provided by HDS through its website at www.HeirChex.com;
...use its best efforts to include Artist Materials/Label Materials in its programming once downloaded.
...refrain and cause its employees to refrain from any and all types of download Gaming.
...not affiliate, associate or link HDS in any manner, to any kind of pornographic site.
Membership Fees. (Please read the Pricing Information for all the details.)

Membership on HDS:
Fee is based on One (1) calendar month billing cycles. Extended Terms are available after joining.
License.

Labels and Artists whose materials appear on www.HeirChex.com have granted to HDS a NON-EXCLUSIVE license to use, reproduce, display, distribute, broadcast, transmit, electronically scan, digitize and otherwise make available by any and all means the Artist Material throughout the universe in any and all languages to make it’s Artist’s Materials accessible to recording labels, disc jockeys and radio stations.
DJ/Radio Station do, through this Agreement granted herein, have a conditional and NON-EXCLUSIVE license to use, reproduce, display, distribute, broadcast, transmit, electronically scan, digitize and otherwise make available as part of bona fide radio broadcast programming by any and all means the Artist Material throughout the universe in any and all languages.
Neither Radio Station nor DJ and its Radio Station shall acquire any right under this Agreement to use, HDS Property without HDS prior written consent, which consent HDS may grant or deny in its sole discretion.
All right, title and interest in and to any and all materials furnished by Labels and Artists, for or in connection with the services rendered hereunder, shall continue to be, the Label’s sole and exclusive property during and after the Term, with no right to use extending to any DJ/Radio Station member in connection with this Agreement other than that specifically recited herein.
Publicity Limitations. Both parties mutually agree to not slander, malign or in any manner debase each other.
Representations and Warranties. DJ/Radio Station represents and warrants that (a) it has the right to enter into and fully perform this Agreement; HDS also represents and warrants that Labels and Artist’s accessible on the www.HeirChex.com website have represented as part of their membership that there are no liens or encumbrances against any of the Labels/Artist’s Material which are provided, which would be inconsistent with the rights granted to HDS hereunder. HDS provides no independent indemnification as to liens, warranties and encumbrances of Artist’s Materials as provided independently or through their contracted Label.
Mechanical License. Labels and Artists accessible on the www.HeirChex.com website have represented as part of their membership that they have all rights to perform the song and when necessary, have obtained a mechanical license in compliance with the United States Copyright Act or other applicable governing body. Label, for and on behalf of itself and its Artist, and have agreed to furnish HDS a copy of the license upon request. HDS provides no further independent indemnification to DJ/Radio Station as to mechanical licenses held by Artists or their contracted Label.
Indemnification. Radio Station and DJ on behalf of his/her radio station, shall indemnify, defend and hold harmless HDS from and against all claims, costs, liabilities, judgments, expenses and damages (including reasonable attorneys' fees and costs) arising from or related to any breach of any representation or warranty set forth.
Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN AND EXCEPT IN CONNECTION WITH A BREACH OF SECTIONS 5, 6, AND/OR 7 HEREOF, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF THIS AGREEMENT OR THE BREACH OF ANY TERM, COVENANT, REPRESENTATION, WARRANTY OR OBLIGATION CONTAINED HEREIN.
Term and Termination.

Term. This Agreement shall commence as of the Effective Date and continue in effect until the Radio Station/DJ or HDS terminates by written notice to the other party.
Effects of Termination. HDS shall cease and desist from any further digital accessibility or offering of Label’s Materials to terminating Radio Station/DJ.
Notices. If you need to notify us, here is our address:

HeirChex Digital Servicing
998 Beaver Creek Rd.
Webster, NY 14580

General. This Agreement constitutes the entire agreement between HDS and the Radio Station/DJ for and on behalf of itself in connection with the subject matter hereof and supersedes any and all prior agreements and understandings (whether written or oral) between the parties and any representatives. HDS reserves the exclusive right to modify and/or amend this agreement from time to time with or without notice (please check here often). If any portion of a provision of this Agreement is deemed invalid or unenforceable as a matter of law, such provision shall be enforced to the greatest extent permissible by law. Nothing contained herein shall be construed as creating a joint venture, employment relationship or partnership between the Radio Station/DJ for and on behalf of itself and and HDS . This Agreement shall for all purposes be governed by and interpreted in accordance with the laws of the State of New York.


I HAVE READ THE ABOVE AND AGREE TO BE BOUND BY THE HEIRCHEX DIGITAL SERVICING INTERNET SERVICES AGREEMENT: I am over the age of 18, am an authorized employee of a Radio Station duly licensed by FCC or am a DJ currently conducting and performing Christian radio programming for a Radio Station duly licensed by the FCC. If you agree and continue on with the signup process, you are signing up for membership renewing each 1 calendar month period (extended memberships are available once you are a member). Please make SURE you are able to receive emails from the email account you list as your contact email. Make sure to allow ANY emails from @HeirChex.com to be sent to your inbox. If you have any problems signing up, please contact us immediately.

*Music/audio is placed on the site for a two month periods. If a membership is cancelled, all music/audio will remain on the site through the next membership period (for example, Membership is from October 7 through December 6. HeirChex receives a cancellation notice on October 20th. The account will be cancelled as of December 6. (Labels and Artists have the option at any time to request that we unpublish the music/audio regardless of account status and without advance notice to accessing DJ or Radio Station clients.).

INDEPENDENT ARTIST AGREEMENT

WELCOME! We are glad you want to join HeirChex Digital Servicing (HDS) in our efforts to support and distribute your music and audio globally. This is a NON-exclusive, contractual relationship which can be terminated at any time by either party.
If you need to leave, simply notify us. After we receive your request, we will contact you via email to confirm your desire to cancel your site membership. After our correspondence, we will remove your music*.

DEFINITIONS:

Effective Date:

The date you accept this agreement by clicking on the “Submit” button in the Membership Application area of this website.
Agreement:

The Internet Services Agreement that follows.
Artist:

That would be you, and if you are a part of a band, then the reference to Artist includes the entire band. Artist also includes your production company or companies.
Authorized preview:

A preview that is unique, from one fan.
HDS:

That is short for HeirChex Digital Servicing.
Artist(s) Material:

This includes, but is not limited to your audio material, video material, logos and text, your photos and likenesses, Artist's name, voice, signature (authentic or reproductions), picture, image, caricature, unique personal characteristics, nicknames, initials, statistics, biographical information and any and all other references to Artist's persona, personality or preferences and any other indicia of Artist's identity. Basically, anything the Artist supplies to HDS to promote the Artist.
Term:

This starts the day you join HDS membership and HeirChex has published your first music/audio file, and ends one month later (or the number of months you purchase under one of the extended package deals). The term is automatically renewed unless we are notified via email or direct white mail of your intent to not renew.
HDS Property:

Anything that belongs to HeirChex Digital Servicing. This includes HDS copyrights, patents, logos, trademarks, service marks, trade names, programming, computer code, client lists, marketing information, merchandising costs, names, images, graphics, likenesses and/or other intellectual property.
Gaming:

Any kind of attempt made to increase the number of downloads, hit counts or page view fictitiously. This includes, but is not limited to: email spoofing, deep linking, song trading which includes participating in link-exchange or download/stream-exchange web sites, trading web rings, trading clubs, trading stations, review clubs, trading boards, etc. Logging off and logging on to hit your page with new IP addresses will not be tolerated. If you feel this is occurring, please notify us.
INTERNET SERVICES AGREEMENT

This Agreement is made and entered into as of the Effective Date between HDS and the Artist.

Artist is a musician.
HDS is a provider of interactive content to disc jockeys, radio stations, recording labels, independent artists, and others at the discretion of HDS through various digital platforms on the Internet.
HDS and Artist desire to enter into this Agreement to set forth the terms upon which HDS shall distribute and “chart” [i.e. “chart the number of times music is downloaded or played over the air by radio stations/disc jockey members] Artist's Material during the Term.
In consideration of the mutual covenants and promises contained herein and for other good and valuable consideration the receipt and adequacy of which are hereby acknowledged, the parties agree as set forth herein:
Services:

HDS Services. HDS shall provide and maintain the web site known as www.HeirChex.com and all online/Internet connectivity and hosting services (including the necessary hardware and software).
Artist Services. Artist agrees to:
...create and provide HDS with Artist Material;
...use its best efforts, and to cause Artist's representatives to use their best efforts, to favorably mention and refer to HDS in interviews and other appearances.
...NOT upload any Parental Advisory Material. The Recording Industry Association of America (RIAA) defines this as: “…recordings identified by this logo may contain strong language or depictions of violence, sex or substance abuse.”
PLEASE NOTE: In connection with the services to be rendered by Artist hereunder, Artist hereby agrees that Artist shall not upload, post, email or otherwise transmit any materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that might reasonably be considered to infringe upon a third party’s trademark, service mark copyright, patent, and/or right of publicity HDS reserves the right, within HDS sole discretion, to remove any of Artist's materials from HDS website (although HDS has no duty to do so).
...refrain from any and all types of download Gaming.
...not affiliate, associate or link HDS in any manner, to any kind of pornographic site.
Membership Fees. (Please read the Pricing Information for all the details.)

Membership on HDS:
Fee is per song upload, two month billing cycle. Extended Terms are available after joining. See POLICIES and FAQS after joining for information.
License.

  Artist hereby grants to HDS a NON-EXCLUSIVE license to use, reproduce, display, distribute, broadcast, transmit, electronically scan, digitize and otherwise make available by any and all means the Artist Material throughout the universe in any and all languages to make Artist’s Materials accessible to recording labels, disc jockeys and radio stations.
  In connection with this Agreement granted herein, Artist agrees that during the Term HDS shall have the right, but not the obligation, to link to Artist's website(s).
 Artist shall not acquire any right under this Agreement to use, and Artist shall not use HDS Property without HDS prior written consent, which consent HDS may grant or deny in its sole discretion.
 All right, title and interest in and to any and all materials furnished by Artist for or in connection with the services rendered hereunder, shall be, the Artists sole and exclusive property during and after the Term.
Publicity Limitations. Both parties mutually agree to not slander, malign or in any manner debase each other.
Representations and Warranties. Artist represents and warrants that (a) it has the right to enter into and fully perform this Agreement (b) Artist also represents and warrants that there are no liens or encumbrances against any of the Material, which would be inconsistent with the rights granted to HDS hereunder.
Mechanical License. The Artist also represents they have all rights to perform the song and when necessary, have obtained a mechanical license in compliance with the United States Copyright Act or other applicable governing body. Artist also agrees to furnish HDS a copy of the license upon request.
Indemnification. Artist shall indemnify, defend and hold harmless HDS from and against all claims, costs, liabilities, judgments, expenses and damages (including reasonable attorneys' fees and costs) arising from or related to any breach of any representation or warranty set forth.
Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN AND EXCEPT IN CONNECTION WITH A BREACH OF SECTIONS 5, 6, AND/OR 7 HEREOF, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF THIS AGREEMENT OR THE BREACH OF ANY TERM, COVENANT, REPRESENTATION, WARRANTY OR OBLIGATION CONTAINED HEREIN.
Term and Termination.

Term. This Agreement shall commence as of the Effective Date and continue in effect until the Artist or HDS terminates by written notice to the other party.
Effects of Termination. HDS shall cease and desist from any further digital accessibility or offering of Artists’ Materials.
Notices. If you need to notify us, here is our address:

HeirChex Digital Servicing
998 Beaver Creek Rd.
Webster, NY 14580
General. This Agreement constitutes the entire agreement between HDS and Artist in connection with the subject matter hereof and supersedes any and all prior agreements and understandings (whether written or oral) between the parties and any representatives. HDS reserves the exclusive right to modify and/or amend this agreement from time to time with or without notice (please check here often). If any portion of a provision of this Agreement is deemed invalid or unenforceable as a matter of law, such provision shall be enforced to the greatest extent permissible by law. Nothing contained herein shall be construed as creating a joint venture, employment relationship or partnership between Artist and HDS . This Agreement shall for all purposes be governed by and interpreted in accordance with the laws of the State of New York.

I HAVE READ THE ABOVE AND AGREE TO BE BOUND BY THE HEIRCHEX DIGITAL SERVICING INTERNET SERVICES AGREEMENT: I am over the age of 18, and am the Artist or have written authority to accept for the Artist. If you agree and continue on with the signup process, you are signing up for site membership to post music and audio. Please make SURE you are able to receive emails from the email account you list as your contact email. Make sure to allow ANY emails from @HeirChex.com to be sent to your inbox. If you have any problems signing up, please contact us immediately.

*Music/audio is placed on the site for a two month periods. If a membership is cancelled, all music/audio will remain on the site through the next membership period (for example, Membership is from October 7 through December 6. HeirChex receives a cancellation notice on October 20th. The account will be cancelled as of December 6. (The artist has the option at any time to request that we unpublish the music/audio regardless of account status.)

LABEL/PSA AGREEMENT

WELCOME! We are glad you want to join HeirChex Digital Servicing (HDS) in our efforts to support and distribute your music and audio globally. This is a NON-exclusive, contractual relationship which can be terminated at any time by either party.
If you need to leave, simply notify us. After we receive your request, we will contact you via email to confirm your desire to cancel your site membership. After our correspondence, we will remove your music*.

DEFINITIONS:

Effective Date:

The date you accept this agreement by clicking on the “Submit” button in the Membership Application area of this website.
Agreement:

The Internet Services Agreement that follows.
Artist:

That would be the recording artist, and if part of a band, then the reference to Artist includes the entire band. Artist also includes supporting production company or companies and licensed publisher.
Authorized preview:

A preview that is unique, from one fan.
HDS:

That is short for HeirChex Digital Servicing.
Label:

The entity acting under contract authority with, by and on behalf of, an Artist musician with and for the express purpose of distributing and promoting the Artist’s Materials.
PSA:

Public Service Announcement. This term will be used in reference to the copyright holder (essentially the "Label") of the PSA. The entity acting under contract authority with, by and on behalf of, a PSA with and for the express purpose of distributing and promoting the Artist’s Materials.
Artist(s) Material:

This includes, but is not limited to your audio material, video material, logos and text, your photos and likenesses, Artist's name, voice, signature (authentic or reproductions), picture, image, caricature, unique personal characteristics, nicknames, initials, statistics, biographical information and any and all other references to Artist's persona, personality or preferences and any other indicia of Artist's identity. Basically, anything the Artist supplies to HDS to promote the Artist.
Term:

This starts the day you join HDS membership and HeirChex has published your first music/audio file, and ends one month later (or the number of months you purchase under one of the extended package deals). The term is automatically renewed unless we are notified via email or direct white mail of your intent to not renew.
HDS Property:

Anything that belongs to HeirChex Digital Servicing. This includes HDS copyrights, patents, logos, trademarks, service marks, trade names, programming, computer code, client lists, marketing information, merchandising costs, names, images, graphics, likenesses and/or other intellectual property.
Gaming:

Any kind of attempt made to increase the number of downloads, hit counts or page view fictitiously. This includes, but is not limited to: email spoofing, deep linking, song trading which includes participating in link-exchange or download/stream-exchange web sites, trading web rings, trading clubs, trading stations, review clubs, trading boards, etc. Logging off and logging on to hit your page with new IP addresses will not be tolerated. If you feel this is occurring, please notify us.
INTERNET SERVICES AGREEMENT

This Agreement is made and entered into as of the Effective Date between HDS and the Label.

Label acts under contract authority with and on behalf of an Artist musician.

HDS is a provider of interactive content to disc jockeys, radio stations and recording labels through various digital platforms on the Internet.

HDS and Label desire to enter into this Agreement to set forth the terms upon which HDS shall distribute and “chart” [i.e. “chart the number of times music is downloaded or played over the air by radio stations/disc jockey members] Artist's Material during the Term.

In consideration of the mutual covenants and promises contained herein and for other good and valuable consideration the receipt and adequacy of which are hereby acknowledged, the parties agree as set forth herein
Services:

HDS Services. HDS shall provide and maintain the web site known as www.HeirChex.com and all online/Internet connectivity and hosting services (including the necessary hardware and software).
Label Services. Label agrees to:
...create and provide HDS with Artist Material;
...use its best efforts, and to cause Artist's to use their best efforts, to favorably mention and refer to HDS in interviews and other appearances.
...NOT upload any Parental Advisory Material. The Recording Industry Association of America (RIAA) defines this as: “…recordings identified by this logo may contain strong language or depictions of violence, sex or substance abuse.”
PLEASE NOTE: In connection with the services to be rendered by Label hereunder, Label hereby agrees on its own behalf and that of the Artist to not upload, post, email or otherwise transmit any materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that might reasonably be considered to infringe upon a third party’s trademark, service mark copyright, patent, and/or right of publicity. HDS reserves the right, within HDS sole discretion, to remove any of Label's materials from HDS website (although HDS has no duty to do so).
...refrain from any and all types of download Gaming.
...not affiliate, associate or link HDS in any manner, to any kind of pornographic site.
Membership Fees. (Please read the Pricing Information for all the details.)

Membership on HDS:
Fee is based on 1 calendar month billing cycles. Extended Terms are available after joining.
License.

...Label for and on behalf of itself and its Artist hereby grants to HDS a NON-EXCLUSIVE license to use, reproduce, display, distribute, broadcast, transmit, electronically scan, digitize and otherwise make available by any and all means the Artist Material throughout the universe in any and all languages to make Artist’s Materials accessible to recording labels, disc jockeys and radio stations.
...In connection with this Agreement granted herein, Label for and on behalf of itself and its Artist agrees that during the Term HDS shall have the right, but not the obligation, to link to the Label's or its Artist's website(s).
...Label and/or Label's Artist shall not acquire any right under this Agreement to use, and shall not use HDS Property without HDS prior written consent, which consent HDS may grant or deny in its sole discretion.
...All right, title and interest in and to any and all materials furnished by Label or its Artist for or in connection with the services rendered hereunder, shall be, the Label or its Artists sole and exclusive property during and after the Term.
Publicity Limitations. Both parties mutually agree to not slander, malign or in any manner debase each other.
Representations and Warranties. Label represents and warrants that (a) it has the right to enter into and fully perform this Agreement (b) Label also represents and warrants that there are no liens or encumbrances against any of the Material, which would be inconsistent with the rights granted to HDS hereunder.
Mechanical License. The Label for and on behalf of itself and its Artist also represents they have all rights to perform the song and when necessary, have obtained a mechanical license in compliance with the United States Copyright Act or other applicable governing body. The Label for and on behalf of itself and its Artist also agrees to furnish HDS a copy of the license upon request.
Indemnification. The Label for and on behalf of itself and its Artist shall indemnify, defend and hold harmless HDS from and against all claims, costs, liabilities, judgments, expenses and damages (including reasonable attorneys' fees and costs) arising from or related to any breach of any representation or warranty set forth.
Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN AND EXCEPT IN CONNECTION WITH A BREACH OF SECTIONS 5, 6, AND/OR 7 HEREOF, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF THIS AGREEMENT OR THE BREACH OF ANY TERM, COVENANT, REPRESENTATION, WARRANTY OR OBLIGATION CONTAINED HEREIN.
Term and Termination.

Term. This Agreement shall commence as of the Effective Date and continue in effect until the Label or HDS terminates by written notice to the other party.
Effects of Termination. HDS shall cease and desist from any further digital accessibility or offering of Label’s Materials.
Notices. If you need to notify us, here is our address:

HeirChex Digital Servicing
998 Beaver Creek Rd.
Webster, NY 14580

General. This Agreement constitutes the entire agreement between HDS and the Label for and on behalf of itself and its Artist in connection with the subject matter hereof and supersedes any and all prior agreements and understandings (whether written or oral) between the parties and any representatives. HDS reserves the exclusive right to modify and/or amend this agreement from time to time with or without notice (please check here often). If any portion of a provision of this Agreement is deemed invalid or unenforceable as a matter of law, such provision shall be enforced to the greatest extent permissible by law. Nothing contained herein shall be construed as creating a joint venture, employment relationship or partnership between the Label for and on behalf of itself and its Artist and HDS. This Agreement shall for all purposes be governed by and interpreted in accordance with the laws of the State of New York.


I HAVE READ THE ABOVE AND AGREE TO BE BOUND BY THE HEIRCHEX DIGITAL SERVICING INTERNET SERVICES AGREEMENT: I am over the age of 18, and am the Label for or on behalf of the label or artist or have written authority to accept for the Label or artist. If you agree and continue on with the signup process, you are signing up for membership renewing each 1 calendar month period (extended memberships are available once you are a member). Please make SURE you are able to receive emails from the email account you list as your contact email. Make sure to allow ANY emails from @HeirChex.com to be sent to your inbox. If you have any problems signing up, please contact us immediately.

*Music/audio is placed on the site for a two month periods. If a membership is cancelled, all music/audio will remain on the site through the next membership period (for example, Membership is from October 7 through December 6. HeirChex receives a cancellation notice on October 20th. The account will be cancelled as of December 6. The artist has the option at any time to request that we unpublish the music/audio regardless of account status.)

PROMOTER AGREEMENT

WELCOME! We are glad you want to join HeirChex Digital Servicing (HDS) in our efforts to support and distribute your music and audio globally. This is a NON-exclusive, contractual relationship which can be terminated at any time by either party.
If you need to leave, simply notify us. After we receive your request, we will contact you via email to confirm your desire to cancel your site membership. After our correspondence, we will remove your music*.

SOME DEFINITIONS USED:

Effective Date:

The date you accept this agreement by clicking on the “Submit” button in the Membership Application area of this website.
Agreement:

The Internet Services Agreement that follows.
Artist:

That would be the recording artist, and if part of a band, then the reference to Artist includes the entire band. Artist also includes supporting production company or companies and licensed publisher.
Authorized preview:

A preview that is unique, from one fan.
HDS:

That is short for HeirChex Digital Servicing.
Label:

The entity acting under contract authority with, by and on behalf of, an Artist musician with and for the express purpose of distributing and promoting the Artist’s Materials.
Promoter:

The entity or individual acting under written contract authority with, by and on behalf of, a Label  or an Artist musician with and for the express purpose of distributing and promoting the Artist’s Materials.

Artist(s) Material:

This includes, but is not limited to the Artist's audio material, video material, logos and text,  photos and likenesses, Artist's name, voice, signature (authentic or reproductions), picture, image, caricature, unique personal characteristics, nicknames, initials, statistics, biographical information and any and all other references to Artist's persona, personality or preferences and any other indicia of Artist's identity. Basically, anything the Artist supplies to HDS to promote the Artist.
Term:

This starts the day you join HDS membership and HeirChex has published your first music/audio file, and ends one calendar month later (or the number of months you purchase under one of the extended package deals). The term is automatically renewed unless we are notified via email or direct white mail of your intent to not renew.
HDS Property:

Anything that belongs to HeirChex Digital Servicing. This includes HDS copyrights, patents, logos, trademarks, service marks, trade names, programming, computer code, client lists, marketing information, merchandising costs, names, images, graphics, likenesses and/or other intellectual property.
Gaming:

Any kind of attempt made to increase the number of downloads, hit counts or page view fictitiously. This includes, but is not limited to: email spoofing, deep linking, song trading which includes participating in link-exchange or download/stream-exchange web sites, trading web rings, trading clubs, trading stations, review clubs, trading boards, etc. Logging off and logging on to hit your page with new IP addresses will not be tolerated. If you feel this is occurring, please notify us.
INTERNET SERVICES AGREEMENT

This Agreement is made and entered into as of the Effective Date between HDS and the Promoter.

Promoter acts under contract authority with and on behalf of an Artist musician.

HDS is a provider of interactive content to disc jockeys, radio stations and recording labels through various digital platforms on the Internet.

HDS and Promoter desire to enter into this Agreement to set forth the terms upon which HDS shall distribute and “chart” [i.e. “chart the number of times music is downloaded or played over the air by radio stations/disc jockey members] Artist's Material during the Term.

In consideration of the mutual covenants and promises contained herein and for other good and valuable consideration the receipt and adequacy of which are hereby acknowledged, the parties agree as set forth herein
Services:

HDS Services. HDS shall provide and maintain the web site known as www.HeirChex.com and all online/Internet connectivity and hosting services (including the necessary hardware and software).
Promoter Services. Promoter agrees to:
...create and provide HDS with Artist Material;
...use its best efforts, and to cause Artist's to use their best efforts, to favorably mention and refer to HDS in interviews and other appearances.
...NOT upload any Parental Advisory Material. The Recording Industry Association of America (RIAA) defines this as: “…recordings identified by this logo may contain strong language or depictions of violence, sex or substance abuse.”
PLEASE NOTE: In connection with the services to be rendered by Promoter hereunder, Promoter hereby agrees on its own behalf and that of the Artist to not upload, post, email or otherwise transmit any materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that might reasonably be considered to infringe upon a third party’s trademark, service mark copyright, patent, and/or right of publicity. HDS reserves the right, within HDS sole discretion, to remove any of Promoter's materials from HDS website (although HDS has no duty to do so).
...refrain from any and all types of download Gaming.
...not affiliate, associate or link HDS in any manner, to any kind of pornographic site.
Membership Fees. (Please read the Pricing Information for all the details.)

Membership on HDS:
Fee is based on 1 calendar month billing cycles. Extended Terms are available after joining.
License.

Promoter for and on behalf of itself and its Artist hereby grants to HDS a NON-EXCLUSIVE license to use, reproduce, display, distribute, broadcast, transmit, electronically scan, digitize and otherwise make available by any and all means the Artist Material throughout the universe in any and all languages to make Artist’s Materials accessible to recording labels, disc jockeys and radio stations.
In connection with this Agreement granted herein, Promoter for and on behalf of itself and its Artist agrees that during the Term HDS shall have the right, but not the obligation, to link to the Promoter's or its Artist's website(s).
Promoter and/or Promoter's Artist shall not acquire any right under this Agreement to use, and shall not use HDS Property without HDS prior written consent, which consent HDS may grant or deny in its sole discretion.
All right, title and interest in and to any and all materials furnished by Promoter or its Artist for or in connection with the services rendered hereunder, shall be, the Label or its Artists sole and exclusive property during and after the Term.
Publicity Limitations. Both parties mutually agree to not slander, malign or in any manner debase each other.
Representations and Warranties. Promoter represents and warrants that (a) it has the right to enter into and fully perform this Agreement (b) Promoter also represents and warrants that there are no liens or encumbrances against any of the Material, which would be inconsistent with the rights granted to HDS hereunder. Promoter will provide to HDS, upon request, a copy of the written contract between Promoter and Artist of Artist's label which authorizes Promoter to enter into this servicing contract with HDS.
Mechanical License. The Promoter for and on behalf of itself and its Artist also represents they have all rights to perform the song and when necessary, have obtained a mechanical license in compliance with the United States Copyright Act or other applicable governing body. The Promoter for and on behalf of itself and its Artist also agrees to furnish HDS a copy of the license upon request.
Indemnification. The Promoter for and on behalf of itself, the Artist's label where applicable, and its Artist shall indemnify, defend and hold harmless HDS from and against all claims, costs, liabilities, judgments, expenses and damages (including reasonable attorneys' fees and costs) arising from or related to any breach of any representation or warranty set forth.
Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN AND EXCEPT IN CONNECTION WITH A BREACH OF SECTIONS 5, 6, AND/OR 7 HEREOF, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF THIS AGREEMENT OR THE BREACH OF ANY TERM, COVENANT, REPRESENTATION, WARRANTY OR OBLIGATION CONTAINED HEREIN.
Term and Termination.

Term. This Agreement shall commence as of the Effective Date and continue in effect until the Promoter or HDS terminates by written notice to the other party.
Effects of Termination. HDS shall cease and desist from any further digital accessibility or offering of Artist's Materials.
Notices. If you need to notify us, here is our address:

HeirChex Digital Servicing
998 Beaver Creek Rd.
Webster, NY 14580

General. This Agreement constitutes the entire agreement between HDS and the Promoter for and on behalf of itself and its Artist in connection with the subject matter hereof and supersedes any and all prior agreements and understandings (whether written or oral) between the parties and any representatives. HDS reserves the exclusive right to modify and/or amend this agreement from time to time with or without notice (please check here often). If any portion of a provision of this Agreement is deemed invalid or unenforceable as a matter of law, such provision shall be enforced to the greatest extent permissible by law. Nothing contained herein shall be construed as creating a joint venture, employment relationship or partnership between the Label for and on behalf of itself and its Artist and HDS . This Agreement shall for all purposes be governed by and interpreted in accordance with the laws of the State of New York.

I HAVE READ THE ABOVE AND AGREE TO BE BOUND BY THE HEIRCHEX DIGITAL SERVICING INTERNET SERVICES AGREEMENT: I am over the age of 18, and am the Promoter for or on behalf of the label or artist or have written authority to accept for the Label or artist. If you agree and continue on with the signup process, you are signing up for membership renewing each 1 calendar month period (extended memberships are available once you are a member). Please make SURE you are able to receive emails from the email account you list as your contact email. Make sure to allow ANY emails from @HeirChex.com to be sent to your inbox. If you have any problems signing up, please contact us immediately.

*Music/audio is placed on the site for a two month periods. If a membership is cancelled, all music/audio will remain on the site through the next membership period (for example, Membership is from October 7 through December 6. HeirChex receives a cancellation notice on October 20th. The account will be cancelled as of December 6. (The artist has the option at any time to request that we unpublish the music/audio regardless of account status.)