Monday, June 30, 2008

The Linkup - the cover up begins again

The Linkup, formerly Mediamax and just as crap, has now disabled comments on its official blog and all past comments have been removed. See:
http://tlublog.blogspot.com/

Why might this be? Well, just read some of the comments here and on the previous users blog for Mediamax and DON'T SUBSCRIBE TO THIS COMPANY!!

Despite being a file back up service it has lost people's files.

It has closed people's accounts and deleted files, with short or no notice.

It promised that files previously hosted on the Mediamax would continue to be available from The Linkup (at least until December 2008). They are not.

Customer service is useless.

Occassionally John Hood will drop by here and will explain how everything is so much better now.

But The Linkup is so proud of their customer feedback they have deleted it from their own blog and disabled comments.

So its back to posting the depressing truth here folks.

61 comments:

Atom_Bunny said...

I just noticed that they have now disabled/deleted comments on the official blog. It was only a matter of time before that happened, so I'm not overly surprised.

I did as I said I was going to do the other night and emailed support/billing for an extension on my account. To my surprise I did receive a reply saying:

"I will gladly extend your account for 2 months, you will soon received a confirmation."

All well and good, but, if I do get the 'confirmation', how am I supposed to check that it's actually gone through? After all, there is no place to check the renewal date on TLU. They could just be saying that, then charge me anyway...

CSyL said...

This is SAD. They are doing exactly the same as they did with MM Blog, shutting all "posible" feedback out and leaveing US customers in a darker ignorance about the whole process. I understand this as "the last song" in a dance club, just before they turn on the lights and kick everyone out of the place. For me, is a clear sign that faith and hope can only last for so long.
-- And so long SL/MM/TLU, so long to my files and years and years of storage. It was good while it lasted (and while it worked).

Anonymous said...

On The Linkup Blog under the headline of “Site Maintaintence” dated Thursday 18th June 2008 you can find out what happens to a user when they report The Linkup to the Attorney General’s Office -

The entry was made by Brendan, and reads as follows (key part high lighted in Red) -

On Mon, Jun 23, 2008 at 4:02 PM, The Linkup Billing billing@mediamax.streamload.com wrote:
Hello Brendan,
We have just received notification that you filed a report with the Attorney General’s office. You did not contact us even one time to discuss any of this. The last correspondence from you under either of the email addresses on file was in October of 2007. I will be providing full documentation of this as part of our response.

Your account with our service has been permanently closed, and your files, which are not ‘gone’ but were being moved, will no longer be migrated.

Regards,
Tracy
The Linkup Support
http://www.thelinkup.com

I did contact Jim at the linkup regarding my missing files his response was to say sorry thats the way it is. That is not good enough for me since i paid for the entire year and have not had access to my account since the middle of May. I have been sympathetic to your “bugs” for more than a month but in my mind what the “linkup” has done and is doing is fraud.

What i find even more illegal is that now you have canceled/restricted perminatly access to MY files. For reasons i can only assume are personal. Your company cannot cancel service i paid for because you don’t like me, that is illegal. I want access to my files or i will continue to pursue legal action, for starters i will be sending this email and copies of my previous emails you have incorrectly reported were never sent to the state Attorneys General. Please do not forget i am a paying customer.
Sincerely
B Hogan

I think you will find this is one of the reasons they have deleted all the customer comments.

hawkecrystal said...

It appears as if the folks at TLU *ARE* actually too dumb to learn from their past mistakes, or is that they are crazy since they keep repeating the same actions and think they'll reap different results.

The disabling of comments is just the nail in their corporate coffin.

IceAge said...

Surprisingly the site is just back up!

Not so surprising is that there are no new files.

I think a forum like this one right here, must become popular so that when an new user has the idea search before signing up to TLU they will see the truth of users comments now that they have disabled comments in the blog.

With disabled comments. If we comment here and regular posts are made then this blog should over take the search engines and show up ahead of the offical one.

Lee said...

I actually have 3 times the files I had before. Well that includes a 4TB trash folder. Can't access the links tab though.

shamanana said...

Nothing, absolutely nothing. Not that I am not hoping anymore... If there is something though that I hate about those people at MM/TLU, it's the lack of communication.
All I need now is them telling me that my account is too large and that I would have to reduce it...

CSyL said...

Anyone thinks that they might had run away with our money after making massive charges to the credit cards??? The site "works" but no new files, their blog is blocked to coments and they havent updated anything. Should I start worrying?

McB said...

I'm one of the extreme few who, it would seem, who actually got my files yesterday. Minus a few of course and plus some that had been missing for a year or so.

In addition I also have the entire account of someone else. This alien account is tucked away in one of my subfolders and it's way bigger than my own, thousands of files and countless gigabytes.

It seems to belong to someone who is really into Japanese manga, because a very large number of files are on that topic. Including some personal files like:

Hollys23rdbirthday

If anyone recognizes this and are missing their files they are welcome to drop a note here and we'll get in touch. But you will have to hurry because I'm soon closing my account.

McB said...

The renewal date of my account will be in a few days, I think. I have never received a reply from support or billing when the exact date is or what amount I will be charged (and I've made sure they can't withdraw any money from my debit card).

But I wonder, if maybe customers that are soon up for renewal are made a priority as far as file migration goes. considering I just got my files but many others, who paid for a full year, has yet to see any files. Because surely, even these total clowns must realize that no-one will renew if they don't have their files.

IceAge said...

I would not trust them with the credit card details. Considering they are putting other peoples files into the wrong accounts it would not surprise me to see someone there selling off people's numbers to underhanded folks too.

Nobody likes to admit they got stung. But we have. That's why its important a blog like this stays up. So new people searching can see what crooks these people really are.

Atom_Bunny said...

I also still have no files at all transferred to my account.

So is that it? The transfer was supposed to be finished yesterday. They've not said anything to the contrary so until they say otherwise I must assume that they have lost all the files I collected there over the years.

Quite sickening for me - even worse for those in the same boat whose livelihoods have been affected by this awful company.

Needless to say, I've made sure that they cannot charge my card. I don't trust them to have actually extended my account like they said, especially as there is no place to check renewal dates now.

IceAge said...

As has been the case for the last few months they will probably post in the next day or so saying that the majority have now been transferred and they are working on any remaining files.

I wouldn't wait. Try humyo.com, and don't put all your eggs in one basket.

McB said...

WillTRiker,

If you're still around, I noticed on the old blog that you complained about loosing an entire "Mai-Hime" folder. Maybe it's your files that I have in my account?

hawkecrystal said...

@mcb,

There was someone on the official blog who had posted about missing a file called "Hollys23rdbirthday". Unfortunately those responses are gone and I can not recall what their username was.

judymack said...

I see TLU is their usual communicative selves. They can't even post that their maintenance is done and they're up and running again and apologizing for the extended delay. Anyone reading TLU blog for the first time, if that's where they went first, would think that they were still down for maintenance.

McB said...

hawkecrystal,

So someone did respond! Unfortunately all the comments on the TLU blog were deleted before I could read it. I hope that person finds this blog too. If someone has indeed lost all these files it's such a shame it will all be deleted when I close my account.

IceAge said...

McB hawkecrystal,

I saw that post too. But McB did you post there too? If so then it might have been your post I saw.

There person there was stating they found someone else's files.

Either way it's impossible to tell with the comments disabled on the offical blog. Such a shame. This blog is not showing up in the top listings at the moment.

I have no idea why tlu blog is still not up with a new posting telling us all is fine.

I imagine John Hood forgot how to push a button again. OR else they are still in the process of doing something. Though the fact that they haven't done anything with the blog could indicated the sh**t hit the fan at their office.

Maybe someone like that Dan guy paid them a visit in person.

By the way, they use analytics on their blog. So they can see where you are coming from as regular posters. They are a spiteful bunch too i might add...

McB said...

iceage, yes I posted there too. I've seen others post in the past as well about having other people's files.

From what I can tell I believe I have the entire account of someone else's (it's the whole account structure with filemanager, hosted etc) as well as a few photo files of mine that still have the correct names but have been replaced by somebody else's photos.

The alien account contains lots of manga-related stuff but also lots of personal photos and videos. So much for "secure storage"...

McB said...

Anyone who is missing these files (see above posts) can contact me at:
mcb0414@yahoo.com

AnthonyG said...

Good work Luzo, someone has to tell the truth about mediacrap or whatever they call themselves this week.

Iceage said...

Here is some related info that emerging that others may or may not know:

Nirvanix: This is TLU's sister company, its where the tech people that started MM went to, hence the poor MM support after.
This is a blog containing info http://wordpress.com/tag/nirvanix/

Here is a nice extract involving one of the last damaging posts

Quote:
"On Mon, Jun 23, 2008 at 4:02 PM, The Linkup Billing billing@mediamax.streamload.com wrote:
Hello Brendan,
We have just received notification that you filed a report with the Attorney General’s office. You did not contact us even one time to discuss any of this. The last correspondence from you under either of the email addresses on file was in October of 2007. I will be providing full documentation of this as part of our response.

Your account with our service has been permanently closed, and your files, which are not ‘gone’ but were being moved, will no longer be migrated.

Regards,
Tracy
The Linkup Support
http://www.thelinkup.com

I did contact Jim at the linkup regarding my missing files his response was to say sorry thats the way it is. That is not good enough for me since i paid for the entire year and have not had access to my account since the middle of May. I have been sympathetic to your “bugs” for more than a month but in my mind what the “linkup” has done and is doing is fraud.

What i find even more illegal is that now you have canceled/restricted perminatly access to MY files. For reasons i can only assume are personal. Your company cannot cancel service i paid for because you don’t like me, that is illegal. I want access to my files or i will continue to pursue legal action, for starters i will be sending this email and copies of my previous emails you have incorrectly reported were never sent to the state Attorneys General. Please do not forget i am a paying customer.
Sincerely
B Hogan" End Quote

Some nice links here

http://www.backupreview.info/2008/05/12/oppps-mediamax-changing-its-services-to-thelinkupcom/

Do not be surprised that TLU vanishes soon is my own thoughts now.

Iceage said...

One more with some links

http://drmikessteakdinner.com/2008/04/19/mediamax-screws-over-its-clients/

Anyone with who finds contacts of other regular posters on the old TLU blog should direct them here. IT will help to have a record of all comments for anyone taking actions.

And also for anyone with concerns over their credit card. At least you can point your company here for references on Iverson and John Hoods crimes.

Tom Bassett said...

I was able to save some of the censored Linkup comments.

I have posted them here. Feel free to mirror them if you want, and I encourage everyone to write The Linkup/Mediamax/Streamload/Nirvanix to ask them what's up?

IceAge said...

tom basset,

Thats really great I was kicking myself for not saving all that myself after they went off. I was the last to post with the continuation of this crap.

I searched the archives but could not find it anywhere.

Were you saving all along or did you find it somewhere?

Tom Bassett said...

Were you saving all along or did you find it somewhere?

I wish I could say I was smart enough or foresighted enough to save the comments and complaints.

I believe I am the first person to point out to the world that they censored all the comments and complaints. How I found out - I was going to go download them all onto my computer, and put them into a database.

That way I could track who complained about what, when, if it was replied to, etc. But when I loaded their official blog, I noticed - NO COMMENTS!

But I was able to find a cache of various comments in my browser, so I posted it on Google Docs.

I also wanna point out - I've got an online survey that people can fill out about their Mediamax/Nirvanix/Streamload/Linkup experiences. It can be found right here.

I also have started a collaborative book on the Mediamax/Linkup/Nirvanix/Streamload debacle. It's going slow - we're all pretty busy - but anyone who wants to can participate, just fill out the survey link above and you will receive an invitation to collaborate.

IceAge said...

Filled your form. Can you tell us a bit about your plans with this "Book"?

Anonymous said...

Various bloggers including myself and Tom Bassett have been writing about Streamload - Mediamax - Nirvanix - The Linkup for sometime now.

As Tom's posted his information here, I thought I would add mine as well just in case it can help someone out.

My blog is here -

http://partyoflife.wordpress.com/

Thanks,
Dave.

judymack said...

The migration is over? WTH!! Where are my files? I have TB of files in there and not one is there. They can't tell me that they've lost all those files like that even if it's going to take another couple of days for the virtual files to show up. I should have something....

TLU, I've definitely had it with your BS.

I wonder just how many others have nothing or their files are hidden in someone elses account somewhere.

Tom Bassett said...

Filled your form. Can you tell us a bit about your plans with this "Book"?

Basically, publish it through CreateSpace, so it appears on Amazon.com and Google Books.

When people do searches for Mediamax, Nirvanix, Linkup, etc - it will be one of the first things that shows up. Since the book will be on Google Books, the full text will be searchable.

People can purchase a hard copy on Amazon, but the purpose isn't to make money, it's to get the complaints VERY high up in the search engine rankings so whenever people research the companies, they WILL find the truth, find out what this company has done to those who trusted them with their data.

McB said...

Tom Basset, that's excellent!

Too bad that the respons to my question regarding the alien files in my account was not in your cache.

Iceage, hawkecrystal, since you had seen the post, perhaps you still have it your cache? I would love to be able to return all these files to their rightful owner.

I think the account might belong to someone named Holly who's into japanese anime/manga stuff. Holly where are you? :)

You can reach me at:
mcb0414@yahoo.com

I think there are just a couple of more days until my account is up for renewal, and I will not renew at that time.

Iceage said...

I am using Firefox 3. If anyone can give me details on how to get that info I would be happy to help.

But as I was the last to post on the link up blog. And I went through the list the only one I can find is your own entry saying you found certain files. So I might have been thinking it was someone asking as your post here reminded me of that.

I also never recall a Manga loving person asking anything in the forums since March.

Still no blog up. Think that might be it.

McB said...

I'm not familiar with Firefox, perhaps someone else can help?

Yes, maybe it was in fact my post you were thinking about and not a respons from someone else.

I have emailed John Hood (we've been in contact already before concerning these files) and I've explained the situation to him. I hope they are willing to help (if any of them are still checking their email).

Iceage said...

When was the last date he responded to you?

He never did to me. Though Customer service do.

McB said...

Last communication I had with John was May 19.

I have previously emailed support as well about this problem, but Judd referred me back to John, so that's why I emailed him now. Maybe I should try support again too.

Anonymous said...

Is Files Migration over officially? I still exactly zero files transferred and saw no announcement in their blog.

Anonymous said...

It doesn't surprise me that they've disabled comments. The one comment I posted there was deleted within hours of my posting it - and there was nothing outrageous in it!

So far I haven't had a single file come over - I have had essentially no use of my account since the change to MediaMax, and have opened numerous cases with MM/TLU, none of which has been resolved.

I was due to be billed for an annual fee in late June. John Hood wrote that he would extend my coverage for two months, but as has been noted there is no way of knowing what they consider to be the billing date.

At this point I intend to advise my CC company to decline any charges from Streamload / MM / TLU.

Can someone post the details they use when charging credit cards?
(My last charge was to Streamload, even though it was more than 1/2 year after the move to MM. I have no idea what details to give my CC company for TLU.)

Bill

Tom Bassett said...

Admin,

Can I make a suggestion?

For completeness purposes, why don't you combine your old Mediamax blog with this one? That way you could have a "one stop shop" for people looking for Mediamax/Linkup info.

In fact, you're welcome to mirror any articles I myself have written about Mediamax/Linkup etc.

If you don't have time to do this, you can make me a member of the blog and I can do it for you, if you're interested.

Blogger now has the ability to alter datestamps, so the old articles you wrote will be shown as having been published at the original time they were written.

Just an idea - it would really make this site the ultimate resource on the topic!

Katie said...

Thanks for the re-direct to this blog!

I am aghast at the utter nerve of this company, to think they can retaliate against a paying customer because he (rightly) filed an official complaint against them. It doesn't matter whether Brendan communicated with them or not prior to his filing the complaint!!! What idiots they are.

I, too, would be interested to know how Mediamax/TLU bills itself on credit card statements. They will continue to bill your card unless you block them. Simply letting TLU know that you want to delete your account doesn't work!

Iceage said...

For credit card issues I would suggest new sign ups would offer the best info on what their credit card bills say.

If your card company does not freak out I would write down streamload media max thelinkup and Niranx or what ever the name is of their sister company.

The best answer is actually just to get a new card and number

But that's not possible to some people, so just block the name of the company that's on your bill now. If they bill you through another name, just call your card number and say there was an unauthorized transaction they will take care of the rest.

NOTE:
Anyone unsubscribing from TLU I would advise you take screen shots of the process as from what I remember they don't even send you a mail to say you are off the list. And as they are not responding to email now... well.

McB said...

Through some clever investigative work LOL :) I have managed to identify the owner of the alien account that I found in my TLU account! I've left her several messages in various places so maybe there will be a happy ending after all, no thanks to TLU.

No reply from John Hood so far, of course.

McB said...

I wanted to give you a more detailed description of what I have in my account, files that are not mine but belong to someone else.

My point is to demonstrate how serious this is, and since this has happened to one customer I think we can be sure that it has happened to a lot of others too.

A large number of the files are very personal stuff that could have done a lot of damage to the owner if the files had ended up with someone who chose to exploit them.

This is what I have:

"Emailed Links", 1 subfolder
"File Manager", with 48 files and "Old Inbox" (38 files and 217 folders, huge amount of stuff)
"Hosted", with 22 files and 3 folders with a huge amount of files
"Inbox", with subfolder "Mail" which contains 174 folders and subfolders and a huge amount of files

I don't know the total amount of data but it's in gigabytes.

All of the above belongs to the same account. It seems, in fact, to be virtually the entire account of someone else.

In addition I also have a folder full of Inbox-material from presumably a third person. And 4 of my own photo-files have been replaced with somebody else's photos.

Davesonline said...

If anyone comes up with photos from Nigeria, or Spain or Portugal that would be me!

I still have nothing, and no reply from TLU since their blog went off comments.

Katie said...

I'm a big fan of the TV show "House", so much of my account consisted of videos which I hosted on my fansite. If you have any stuff related to that show, it's probably mine. *sigh*

Nothing which was migrated for me (and I haven't had anything new show up in my TLU account since June 16) was unidentifiable, but much of it is head-scratchingly disorganized, in bits and pieces, and a huge "trash" folder with what I presume are files I had deleted at one time. At the time of the end of Mediamax, I had cleared out my 'trash' folder so it was empty!

It is apparent from TLU's behavior that they consider themselves immune from lawsuits due to the current fuzzy nature of laws pertaining to Internet behavior, otherwise, they wouldn't be so juvenile about it. In essence they are sticking out their tongues at their customers and telling us it's too bad if we don't like what they are doing.

Katie said...

Oh, and if they are willingly to 'play hardball' with Brendan, they sure as hell are childish enough to 'take out their hostilities' on each and every person who uses this blog.

Go ahead, you jackasses, don't give me the rest of my account. It just adds ammo to our side of the story. ;)

McB said...

I have just been in contact with the person who owns the files in my account. She told me that she had cancelled her account months ago!!

How many other customers are victims of this sort of thing I wonder?? How many of my own files have strayed into other people's accounts?? Files that belong to deleted and cancelled accounts are apparently still there on the system, and might wind up just about anywhere.

McB said...

I can also add that the connection between myself and this person who owned the files, was that her account name was the same as the name of my subfolder in my account where all of her files ended up.

Iceage said...

They are spiteful alright. They flaunted it in front of use day and night. As if to say what can we do. It's truly amazing they didn't take that blog down earlier. All that crap about John Hood asking for people's usernames to help speed up their transfer of accounts. Man, such disgraceful behavior.

I remember Dan posted once, saying he went to visit them and in California and found Steve Irwin sitting there alone in his office. No one else around. Seems he got his issue sorted out with a bit of personal communication.

It may be fuzzy legally. But TLU are finding out that the internet had evolved a lot since Streamload and MM. Blogs, social network, newlines. Their image is tarnished forever. I think they thought it would blow over. Like I said it evolved.

Yes I agree they are probably looking here to see if there are any more impending lawsuits or other more personal actions about to take place. Well John Hood what can I say, it's a bitch not knowing about a situation or who you really are dealing with. Never mock a tramp in the street, he could be your maker.

Welcome to the club of not knowing John, welcome to the club TLU.

Anonymous said...

Was anyone prudent enough to save a copy of "Terms of Service" from both original Streamload and from MediaMax? I bet every time they changed the name they changed that. I'd like to find and read a copies of that. Just to make sure I have a good legal case since I signed originally with Streamload.

Anonymous said...

Does anyone has the class action link that I can join?... This company (Streamload/MediaMax/TheLinkUp) is really ripping everyone off.

Time to shut this company down!

Iceage said...

Anyone in the US want to give them a call?

AS in Telephone their office, see what's going on?

Aaron said...

I was one of the original users of Streamload, back when it still had a reputable name in the backup service industry. I must have uploaded close to 300gb worth of files in my account… I don’t know, it could have been more. The main reason I did this is because I had a hard disk that was starting to go on its way out, and I wanted to reserve a space for my files on the other disk that I had in case it went out as well.

Everything worked fine for me when I was using Streamload. Even the early transition to MediaMax was relatively error free and I was still able to use all my data. A bit after that, I started noticing that I was having problems accessing some of my files. I thought “no big deal, they are probably having some technical issues that will be resolved soon”. Then came the infamous server crash and data loss fiasco that I don’t think they ever recovered from. Whatever happened to their servers on that day was the log that weakened the whole dam. I lost access to over half my files, each time being met by the “Oops, MediaMax encountered a hiccup!” message that I am sure we are all familiar with. I can’t even count the number of e-mails that I had to send to customer support, and if I was lucky I would receive a response; sometimes it would take 3-4 days for me to get a reply back from “Customer Support”.

I continued to use my account, unaware of any plans the company had for a second restructuring. Just about a month and a half ago, I tried to log into my MM account, only to be redirected to The Linkup’s website. In the time that had passed, I had recieved NO e-mails from the company notifying me of their change over, and that files would be deleted if users didn’t act soon. I still currently have NONE of my files that I had in my Streamload / MediaMax account transferred over, and better yet, when I e-mailed the “Customer Disservice” department, threatening to close my account and asking how I can get my data back that they stole from me, they told me this:

Hello,

Thank you for contacting TLU.

If you want to be able to get your datas back, insteed of cancelling your account we can downgrade it to free.

Thank for using TLU.

Best Regards,

Sandai

MediaMax Support
http://www.mediamax.com

—–

What the hell is that crap? She made it sound like they have my data and are holding it hostage. I have a feeling if I downgrade my account to free, i’ll get an even further runaround from them, and since I won’t be paying that will give them more leverage to further screw me over. I am just tempted to close my account permanently and forget about my data that I had. It sucks, but at least I won’t have to deal with their bull**** anymore…

Iceage said...

I was just thinking about 2 points.

1.Any one signing up with a new storage company will really have to research it well. If TLU and all them shut down, they are very likely to pop up again with a new company and brand.

2. Is anyone with another provider now and have read the terms and conditions and been happy?

It seems like most so not offer guarantee for data loss. Some offer data protection but not loss. And they all say everything is at their discretion. Much like most things you sign up for to day, you pay for a service and if it goes wrong theres bugger all you can do about it unless you spend a lot more money and time sueing them.

Iceage said...

Here are the old terms.

" Rules & Legal Policy

Streamload's Privacy Policy

This Privacy Policy statement discloses Streamload's privacy practices and is incorporated into and is subject to the Terms and Conditions of Use. By entering into the Agreement, you expressly consent to Streamload's use and disclosure of Your personal information in accordance with this Privacy Policy.

Information Collection and Use: Streamload is the sole owner of the information collected from its Users. Except as required by law, subpoena or court order, Streamload will not sell, share, or rent this information to others in ways different from what is disclosed in this statement.

Registration. In order to use Streamload's services, Users must first complete a registration form, which requires providing Streamload certain information. This information is used to identify the specific User utilizing Streamload's services. The User may provide optional identifying information, demographic information, and unique identifiers to enable us to provide a more personalized experience on the site.

Content Providers. The Content Provider must provide contact and other identifying information on the submission form. This information is used to enforce Streamload's Policy Against Copyright Infringement and its Terms of Service.

Content Recipients. The Content Recipient must provide contact information (e.g., name and shipping address) and financial information (e.g., credit card number and expiration date) on the order form. This information is used for billing purposes and to fill Content Recipients' orders. If Streamload has trouble processing an order, it will use this contact information to notify the Content Recipient.

Cookies. A cookie is a piece of data stored on the User's hard drive containing information about the User. Cookies identify the User for our database, but provide no information other than that which You have already provided Streamload. For instance, by setting a cookie on this site, the User would not have to log in a password more than once, thereby saving time while on the site. If a User rejects the cookie, they may still use the site. The User, however, will be limited in some areas of the site. Cookies can also enable Streamload to track and target the interests of the Users to enhance their experience on the site. Some of Streamload's business partners use cookies and action tags (also known as single pixel gifs or web beacons) on the site for purposes such as serving ads and measuring advertising effectiveness. Streamload, however, has no access to or control over their use of these cookies and is not responsible for the data collected through these cookies, or how any such collected data is used or shared by Streamload's business partners. Any information that these third parties collect via cookies and action tags is completely anonymous. If you would like more information about this practice and your choices, click here.

Log Files. Streamload uses IP addresses to analyze trends, administer the site, track User. IP addresses are linked to personally identifiable information for security and operational purposes only.

Correspondence. Streamload may retain correspondence from Users for tracking purposes only and, except as required by law or to assist in enforcing the Agreement, will not use it for any secondary purpose or to send You unsolicited electronic mail.

Use of Personal Information. Streamload will not give, sell, rent, share, or trade any personal information about You to third parties or provide Your personal information, including your name or electronic mail address, to third parties except as required by law, subpoena or court order. Streamload may disclose Your username, name, address, electronic mail, and other personal information as it believes necessary or appropriate in connection with an investigation for fraud, intellectual property infringement, piracy, or other illegal activity as well as dispute resolution and enforcement of the Agreement. Streamload will share aggregated demographic information with its partners and advertisers. This is not linked to any personal information that can identify any individual person. Streamload uses an outside shipping company to ship orders, and a credit card processing company to bill Users for goods and services. Streamload may partner with other parties to provide specific services. When the User signs up for these services, Streamload will share names or other contact information as necessary for the third party to provide these services. These parties are not allowed to use personally identifiable information except for the purpose of providing these services.

Metadata. By your use of Streamload's service you grant a non-exclusive, sub-licensable license to Streamload for any and all rights in the identifications, descriptions, or other metadata you have provided in connection with Your Public Content and Private Content. Streamload reserves the right to rent, sell or otherwise share this metadata with other entities at its discretion.

Links. This web site contains links to other sites. Please be aware that Streamload is not responsible for the privacy practices of such other sites. We encourage our Users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This Privacy Policy statement applies solely to information collected by Streamload on the Streamload web site.

Surveys and Contests. From time-to-time Streamload may request information from Users via surveys or contests. Participation in any such surveys or contests is completely voluntary and the User therefore has a choice whether or not to disclose the requested information. Information requested may include contact information (e.g., name and address), and demographic information (e.g., age level or income). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.

Security. Streamload uses best practices to protect our Users' information. When Streamload asks users to enter sensitive information (such as credit card number), that information is protected with SSL encryption software for transmission to Streamload. All of our Users' information is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Streamload employees must use password-protected screen-savers when they leave their desk. When they return, they must re-enter their password to re-gain access to your information. Furthermore, employees are kept up-to-date on Streamload's security and privacy practices. Every quarter, as well as any time new policies are added, Streamload employees are notified and/or reminded about the importance placed on privacy, and what they can do to ensure the Users' information is protected. Finally, the servers on which Streamload stores personally identifiable information are kept in a secure environment.

Supplementation of Information. Streamload may combine information about the purchasing habits of Users with similar information from its partners to create a personalized user profile. When a User makes a purchase from one of Streamload's partners, the partner company may collect and share that purchase information with Streamload to better tailor the site to the Users' preferences.

Privacy of Other Users. Your use of other Users' personal information obtained through Streamload is strictly limited to communications related to Your use of Streamload's services that are not unsolicited commercial messages and any other purpose that a User expressly opts into after adequate disclosure of the purpose(s). In all cases, You must give Users an opportunity to remove themselves from Your database and a chance to review what information You have collected about them. In addition, except as defined in this section, you can not disclose personal information about another User to any third party without Streamload's consent and the consent of such other User after adequate disclosure.

Special Offers. Streamload may occasionally send information on products, services, special deals, or a newsletter. Out of respect for the privacy of the Users, Streamload presents the option to not receive these types of communications. Please see Streamload's Choice / Opt-Out provision below.

Site and Service Updates. Streamload may send its Users site and service announcement updates. Users are not able to un-subscribe from service announcements, which contain important information about the service. Streamload communicates with the User to provide requested services and in regards to issues relating to their account via electronic mail or phone.

Correcting/Updating Personal Information. If Your personally identifiable information changes (such as your zip code), Streamload will endeavor to provide a way to correct or update the personal data You provided to it. This can usually be done at the Account Information page or by electronically mailing our Customer Support at support@streamload.com.

Removing Personal Information and Content. Streamload will remove Your contact information from its current database if You decide that You no longer want to use Streamload's services and request to be removed from the database. Streamload may in some circumstances retain information that You have requested removed to resolve disputes, troubleshoot problems and enforce the Agreement. Further, such prior information is never completely removed from Streamload's databases due to technical constraints and the fact that Streamload backs up its systems. Accordingly, Your personal information will not be completely removed from Streamload's databases in response to Your requests.

Choice/Opt-out. You may opt-out of having Your information used for purposes not directly related to Streamload's services at the point where we ask for the information. Users who no longer wish to receive promotional materials from our partners may opt-out of receiving these communications by replying with unsubscribe in the subject line in the electronic mail or electronic mail us at support@streamload.com.

Notification of Changes. If Streamload decides to change this privacy policy, it will post those changes so Users are always aware of what information Streamload collects, how it uses it, and under which circumstances, if any, it is disclosed. If at any point Streamload decides to use personally identifiable information in a manner different from that stated at the time it was collected, Streamload will notify You by way of electronic mail. You will have a choice as to whether Streamload may use Your information in this different manner. Otherwise, Streamload will use information in accordance with the privacy policy under which the information was collected.

No Warranties. Due to technical, legal and practical limitations, Streamload cannot warrant and does not guarantee, and You should not expect, that all of Your private communications and other personal information will never be disclosed in ways not otherwise described in this Privacy Policy. Streamload may disclose information to governmental authorities or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. You authorize Streamload to disclose any information about You to law enforcement or other government officials as Streamload, in its sole discretion, believes necessary, prudent or appropriate, in connection with an investigation of fraud, intellectual property infringement, or other activity that is illegal or may expose Streamload to legal liability.

Effective Date: 12/1/2003 "

Iceage said...

Here are the old Streamload terms and conditions apologies for the space it is taking up.

Admin you might want to copy these over to a new section??

"Terms and Conditions of Use

Definitions. As used in this Agreement, the following terms and phrases shall have the following meanings:

Agreement: These Terms and Conditions, Streamload.com's Privacy Policy, Streamload.com's Policy Against Copyright Infringement and any and all agreements, schedules, policies, or amendments in place between You and Streamload.com governing Your use of Streamload.com's services.

Content Provider: A User that utilizes Streamload.com's services to allow access to or distribute his or her Shared Content, in electronic or other format, to other Users, whether free of charge (shared) or for a fee.

Content Recipient: A User that utilizes Streamload.com's services to access or receive, in electronic or other format, Shared Content from other Users, whether free of charge (shared) or for a fee.

Custom Compilations: The reproduction of all or any portion(s) of Shared Content from one or more Content Providers onto to electronic and/or recordable media and the physical and/or electronic distribution of such media in fulfillment of a Content Recipient's order for a custom compilation of Shared Content.

Digital Delivery: The delivery of Shared Content or electronic data, by digital transmission of electronic data and/or sound recordings which result in specifically identifiable reproductions by or for any Content Recipient of a copy of that data or a phonorecord of that sound recording by any means now known or hereafter devised.

Net Revenues: The number of copies of Your Shared Content distributed multiplied by the purchase price You set, less the following costs and fees incurred in connection with the delivery of Your Shared Content: (1) credits, including, but not limited to, those on account of defective merchandise, errors in billing, errors in transmission, and uncollected fees; and (2) shipping, if any.

Phonorecords: Material objects in which sounds, other than those accompanying a motion picture or other audiovisual work, are fixed by any method now known or later developed, and from which the sounds can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.

Private Content: The electronic data, including but not limited to sound recordings, audiovisual works, musical works, artwork, Phonorecords, photographs, documents, software, and other graphical or textual material embodying Your works and any descriptions, titles, captions and other identifying characteristics You or others attribute thereto, maintained on Your behalf by Streamload.com that You have not designated for access by or distribution to Users other than Yourself.

Shared Content: The electronic data, including but not limited to sound recordings, audiovisual works, musical works, artwork, Phonorecords, photographs, documents, software, other graphical or textual material embodying Your works; any descriptions, titles, captions and other identifying characteristics You or others attribute thereto; and all trademarks, tradenames and trade secrets therein, which are maintained on Your behalf by Streamload.com and that You have designated for access by or distribution to Users other than Yourself, whether free of charge (shared) or for a fee.

Streaming Transmission: The digital transmission of a sound recording or other Shared Content where a copy of the Shared Content is not made by or for the Content Recipient.

Streamload.com: Streamload.com, Nine Audio Technologies, Inc., and their successors, assigns, agents, distributors, dealers, and licensees.

Transacting Parties: The Content Provider(s) and Content Recipient(s) engaged in an individual Transaction utilizing Streamload.com's services.

Transaction: The offer of a copy of any Shared Content by a Content Provider, for a fee or free of charge, and the acceptance thereof by a Content Recipient using Streamload.com's services.

User: Any individual, group or entity accessing Streamload.com's services and/or utilizing one or more of Streamload.com's services to store, transfer or receive Private Content or Shared Content.

You, Your, Yours: The person who is over the age of 18, and the minor(s), individual(s), group(s), entity(ies) or other association(s), individually and as a whole, and their agents, successors and assigns, on whose behalf that person has entered this Agreement with Streamload.com and for whom Streamload.com has established an account.

Our Relationship: Streamload.com provides a service that enables You to store, transfer and receive Private Content and Shared Content online. All Transactions that take place utilizing Streamload.com's services are made directly between the Transacting Parties.Streamload.com is not an agent of any Transacting Party, nor is Streamload.com a direct party to any Transaction.You and Streamload.com act independently in all Transactions, and no agency, partnership, joint venture, trust, employer/employee, or franchiser/franchisee relationship is intended or created by this Agreement or by Your use of Streamload.com's services.

As-Is and As-Available: Neither Streamload.com nor any User, or their respective agents, warrants that the service, Private Content or Shared Content, or Your access thereto, will be uninterrupted or error free, and Streamload.com's services and the Shared Content are provided on an "as is, as available" basis. Streamload.com has the right to make changes to its services without notice to You. Neither Streamload.com nor any User warrants that Shared Content will be free of viruses or similar contamination or destructive features. You expressly agree to assume any and all risk as to the use, quality, performance, accuracy or completeness of any Private Content, Shared Content, or Streamload.com's services.

User's Identity: You agree to provide Streamload.com with accurate, timely information about Yourself and/or the minor over the age of 13 on whose behalf You are entering this Agreement, and update Your contact data such that it remains current. You will not provide Streamload.com with false information about Your identity, impersonate another person or entity, or otherwise misrepresent Your identity or affiliation to Streamload.com. Streamload.com will use that information only in a manner consistent with that disclosed in Streamload.com's Privacy Policy, which is incorporated into this Agreement by reference. Your failure to comply with this provision automatically nullifies any obligation Streamload.com may have to contact You or provide You with any notice required by this Agreement or by law.

Access: You are solely responsible for maintaining the confidentiality of Your password and any additional identifying information required for Your use of Streamload.com's services. Streamload.com does not guarantee the security of any information transmitted to or from Streamload.com. You are solely responsible for all Private Content, Shared Content and other information stored, transferred, and received under Your username and password including, but not limited to, sole responsibility for completing transactions initiated under Your username and password and payment for purchases made under your username and password. If You lose control of your password, You may be subject to legally binding actions taken on Your behalf. You are solely responsible for the accuracy and appropriateness of the Private Content and Shared Content maintained under Your username and password; for ensuring that Private Content or Shared Content posted or distributed under Your username and password does not violate or infringe this Agreement or upon the rights of any third party (including, without limitation, copyrights, trademarks, privacy or other personal or proprietary rights); and for ensuring that Private Content and Shared Content maintained under Your username and password are not illegal. Streamload.com disclaims any and all liability for such matters, and, to the fullest extent permitted by law, You agree to indemnify, defend and hold Streamload.com harmless from and against any and all claims, liabilities, loss, damages and expenses (including, without limitation, attorneys' fees) relating to or resulting from the use of Your username and password and/or Private Content or Shared Content maintained thereunder. You must immediately notify Streamload.com if you become aware of any loss, theft, or unauthorized use of Your password or of any other unauthorized use of any User. s account information, contact data, Private Content, Shared Content, or Streamload.com's services.

Infringement of Other's Rights: You represent and warrant that: (1) any Shared Content You provide is (a) wholly Your own original work, (b) the original work of others from whom You have received the rights or authority to enter this Agreement, or (c) Your own original work that incorporates the work of others from whom you have acquired the rights or authority to enter this Agreement; (2) Your Private Content or Shared Content does not and will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights; (3) Your Private Content or Shared Content does not and will not violate any law, statute, ordinance or regulation; and (4) Your Shared Content is not and will not be defamatory, trade libelous, pornographic or obscene.

Control of Private Content and Shared Content: Streamload.com does not prescreen or test Private Content or Shared Content and does not endorse any Shared Content. Although Streamload.com does not regularly monitor use of its services, it reserves the right to do so if Streamload.com, in its sole discretion, determines there may be misuse as defined by the terms of this Agreement. Streamload.com may monitor Your access, use, Shared Content, files and/or Private Content to detect signs of misuse. Streamload.com will not knowingly tolerate the use of its services for illegal or other injurious or damaging activities. If Streamload.com believes, in its own discretion, that You may be connected with such activities, Streamload.com may disclose its user files, the Shared Content and/or Private Content to the proper authorities. Streamload.com may, in its sole discretion, remove, reclassify, recatogorize, or block Your access to all or any part of Streamload.com's services or to any particular Shared Content or Private Content at any time for any reason, or for no reason at all. Without limiting the foregoing, Streamload.com reserves its right to remove any Private Content or Shared Content if (a) it decides, in its sole discretion, that the Private Content or Shared Content may breach any of Your obligations, representations, or warranties hereunder, (b) Streamload.com is advised of a court order requiring removal of the Private Content or Shared Content, or (c) any third-party claims are made relating to the Private Content or Shared Content.

Maintenance of Private Content and Shared Content: Streamload.com shall have no responsibility for and does not guarantee Private Content or Shared Content residing on Streamload.com's equipment. You are responsible for independent backup of Private Content and Shared Content stored using Streamload.com's services. You agree to assume all risk of loss of such data. You agree to hold Streamload.com harmless for any loss of data, whether on Your equipment or through Streamload.com's services, arising out of or resulting from use of Streamload.com's services, including use of software provided by Streamload.com, if any. Streamload.com may, but shall not be required to, delete Your Shared Content, files and/or Private Content after the termination of this Agreement.

Site Integrity: You will not attempt to gain access to Streamload.com's private system areas or to other areas to which You are not expressly permitted access and You shall not reverse engineer or attempt to reverse engineer any portion of Streamload.com's service. Streamload.com will prosecute those who illegally threaten the system or its services. You agree that if any of Your activities conducted in violation of this Agreement are found to disrupt or damage Streamload.com's hardware, software, system or their functions, You will reimburse Streamload.com for system administration costs incurred in repairing the affected systems as well as direct and consequential damages incurred by Streamload.com arising out of Your activities.

Anti-Spamming Policy: You agree that you will not collect personal information about other Users and will not send mass, unsolicited electronic mailings, chain letters, or "pyramid schemes" to Streamload.com's Users. You will not include in Your description of any Shared Content keywords that are not related to the Shared Content in order to gain extra exposure for the Shared Content, and You will not directly notify other Streamload.com users of Your Shared Content by means of mass-mailings, "spamming", or other unsolicited notifications. You shall not use Streamload.com's services for advertising or promotion of a commercial product or service that is not available through Streamload.com's services.

Direct Dealing: You agree to not post or otherwise distribute any information about alternate sources for Users to acquire Your Shared Content in an attempt to divert Users to services other than Streamload.com or to circumvent Your obligations to Streamload.com under this Agreement. You agree to not seek alternate sources to acquire Shared Content You located by use of Streamload.com's services in an attempt to divert Content Providers to services other than Streamload.com or to circumvent Streamload.com's services in facilitating a Transaction.

Age Restrictions: Anyone 13 years old or older is eligible to use Streamload.com's services. An account for use by a minor must be established by a person over the age of 18 with the legal right to execute this Agreement on behalf of the minor and who guarantees such minor. s performance under the terms of this Agreement. In order to post Shared Content for sale or to buy Shared Content through Streamload.com's services, however, you must be at least 18 years old.

Grant of License: You grant to Streamload.com a non-exclusive, worldwide, royalty-free, sub-licensable (through multiple tiers) right (1) to prepare and encode Your Private Content, Shared Content, and/or any portion(s) thereof, to the extent reasonably necessary for the storage, retrieval, distribution (including, but not limited to, Streaming Transmission and the making of Phonorecords and Digital Deliveries), exploitation, promotion, marketing and advertising of Your Shared Content and/or performing Streamload.com's services; (2) to display, copy, reproduce (and to mechanically reproduce musical compositions), exhibit, publicly perform, broadcast, rebroadcast, transmit, retransmit, distribute through any physical, electronic or other means, now known or hereafter devised (including, but not limited to, Streaming Transmission, Digital Delivery, and Phonorecords), and publish any or all of Your Shared Content, or any portion(s) thereof, by any and all means and media now known or hereafter devised; and (3) to create compilations containing Your Shared Content, or portions thereof, and to distribute them by any and all means and media now known or hereafter devised, including but not limited to standard audio- or data-only compact discs and audio-only cassettes manufactured primarily for home entertainment. You may revoke this license upon 30 days written notice to Streamload.com.

Name & Likeness: As a Content Provider, You grant to Streamload.com permission, on a non-exclusive basis, worldwide, to use your name(s), username, group name, corporate name, approved photograph, artwork, and/or likeness(es) and approved biographical materials solely in connection with the distribution, exploitation, promotion, marketing and advertising of Your Shared Content or Streamload.com's services. You will not assert any privacy, publicity, moral or similar rights held by you or any other person(s) whose contributions are embodied in Your Shared Content under the laws of the United States or any other country in connection with Streamload.com's use of any such materials.

Shared Content Identification: Your Shared Content must strictly conform to the title and descriptions You provide. Shared Content not suitable for all ages must be labeled to indicate that it is intended for "Mature Audiences". Shared Content with nudity, intense or graphic violence, intense sexual situations, crude or indecent language, or intensely suggestive dialogue must be labeled for "Mature Audiences". Streamload.com does not allow the use of its services to sell, share, or otherwise transfer pornographic material.

Prohibited Private Content: Streamload.com's services may not be used for the electronic storage of unlawful or illegal images, files, documents, materials, or other data relating to or resulting in child pornography, copyright or trademark infringement, or other illegal data. Streamload.com reserves the right at any time to remove any prohibited Private Content and terminate this Agreement. The storage of prohibited Private Content may also subject You to civil and/or criminal liability.

Prohibited Shared Content: You agree to abide by Streamload.com's policy concerning Prohibited Shared Content, which is incorporated into this Agreement by reference. Without limiting Streamload.com's Prohibited Shared Content policy, Streamload.com's services may not be used to engage in or encourage anything to do with unlawful or illegal activities relating to or resulting in controlled substances, gambling, pornography, prostitution, child pornography, robbery, propagating computer viruses, unauthorized access to private computer systems, copyright or trademark infringement, illicit use of credit information, or other criminal or otherwise illegal activity. Streamload.com reserves the right at any time to remove any Prohibited Shared Content and terminate this Agreement. The transfer or receipt of prohibited Shared Content may also subject You to civil and/or criminal liability.

Nature of Duty to Purchasers: Unless You expressly state otherwise, by utilizing Streamload.com's services to sell copies of Your Shared Content, You agree to offer an unlimited number of copies of Your Shared Content for sale to the general public, and You are under a duty to consummate all transactions according to the terms and conditions under which the purchaser requested Your Shared Content. Although You are free to modify Your terms of sale at any time, You agree to fill all orders placed prior to any such modification under the terms in effect at the time the order was placed.

Payment Obligations: If You agree to receive Shared Content for which the Content Provider requests a fee, You thereby agree to pay the listed price of the Shared Content requested, due and payable to Streamload.com immediately upon requesting the Shared Content. Streamload.com will thereafter transfer payment to the Content Provider in accordance with the terms and conditions of the agreement between Streamload.com and the Content Provider.

Nature of Transactions: The Content Recipient acquires only a non-exclusive license to use the Shared Content for their own benefit. The Content Recipient may not transfer or allow, authorize, or permit others to transfer the Shared Content or derivations thereof in any form or by any means to any third party. The Content Provider retains all intellectual property rights in the Shared Content, including, without limitation, all copyright, trademark, and patent rights therein.

Additional Terms and Conditions: The Transacting Parties may agree to additional terms and conditions governing the transfer and use of the Shared Content, such as additional restrictions on the permitted uses thereof. Should any provision of any such agreement conflict with the terms and conditions of this Agreement, this Agreement shall prevail, but only to the extent necessary to resolve any such conflicts.

Compensation: As a Content Provider, submission of Shared Content shall be at Your sole expense. Should You charge Content Recipients a fee for use of Your Shared Content, Your account will be credited with a percentage (currently as set forth here and subject to change without notice) of the Net Revenues actually collected by Streamload.com for deliveries containing such Shared Content. Net Revenues shall not include and no credits shall be applied to Your account for any Shared Content reproduced, distributed, performed, displayed, broadcast, delivered or transmitted on a "free" or "no charge" basis. Your Net Revenues will not include purchases of Shared Content for which You charge a "nominal" fee (currently defined as less than $3), until the Content Recipient accrues $3 in total aggregated purchases from one or more Content Providers. Your portion of any Net Revenue includes all royalties and other payments due You, all contributing artist(s), author(s), producers, directors, performers, engineers, and any other persons engaged in connection with the creation of Your Shared Content. You shall be solely responsible for the payment of any royalties or other compensation due all such persons or other third parties arising from any account credits received by You hereunder. Streamload.com reserves the right to reverse any transaction that is in violation of this Agreement and to credit Streamload.com's costs and fees attributable to that transaction against Your account. You agree to compensate Streamload.com for all transactions initiated by use of Streamload.com's services in accordance with the terms of this Agreement and, while using Streamload.com's services, You agree that You will not take steps to circumvent this obligation, such as by diverting buyers to an alternate source to acquire Your Shared Content. Streamload.com will make good faith efforts to make Your Shared Content available only in accordance with Your instructions. Streamload.com, however, may incorrectly categorize Your Shared Content such that "free" or "no charge" content is available only for a fee, or fee-based Shared Content is available for "free" or "no charge". Should Streamload.com make such an error, then upon notice from You, Streamload.com will take all commercially reasonable efforts to promptly correct the error, that being Your sole and exclusive remedy. Streamload.com shall not be responsible for actual, consequential or other damages arising from any such errors.

Payments to You: Net Revenue credited to your account has no monetary value. You may, however, redeem Net Revenue credited to Your account for payment in United States Dollars when (1) You accumulate $20 or more of Net Revenue in Your account; (2) the transaction(s) for which the Net Revenue was credited to Your account occurred at least five business days prior to Your redemption request; and (3) You have not requested redemption of accumulated Net Revenue in the thirty days preceding Your redemption request. Upon receipt of a valid redemption request, Streamload.com will submit payment to you via check or electronic transfer.

Accounting: Streamload.com agrees to keep accurate books and records covering the transactions related to this Agreement. During the one year period following Streamload.com's on-line issuance of an accounting statement, You may, at Your expense and upon reasonable notice, inspect Streamload.com's records related to that statement at a location specified by Streamload.com, provided that Your inspection does not unreasonably interfere with Streamload.com's services. If Your inspection reveals that Streamload.com has incorrectly credited Your account, Streamload.com will take all reasonable efforts to promptly correct the deficiency and credit Your account accordingly.

Licensing Fees, Royalties, Etc.: As a Content Provider, You shall be solely responsible for all licensing, reporting and payment obligations of any kind to third parties in connection with Your Shared Content, including but not limited to any applicable license fees, royalties, participations, residuals, union and/or guild payments, "sample" or "replay" licenses or payments, and mechanical, synchronization or public performance royalties. Neither Streamload.com nor any Content Recipient shall have any obligation to make any such payments, and You warrant that You will fulfill your obligations to any such third parties.

Taxes and Other Obligations: As a Content Provider, You are responsible for payment of any and all taxes, tariffs, duties, and other such obligations attributable to the sale of Your Shared Content. Neither Streamload.com nor any Content Recipient will be liable for any such obligations.

Copyright & Deposit Requirements: You understand and agree that Streamload.com's services may entail the making and/or distribution of copies and/or Phonorecords embodying Your Shared Content as those terms are defined by the United States Copyright laws. You are also aware that Your use of Streamload.com's services may trigger certain legal obligations, including, but not limited to, mandatory deposit requirements and compulsory licensing. You agree that You are solely responsible for complying with any such requirements and agree to defend, indemnify and hold Streamload.com harmless from and against any and all claims, losses, damages, or liabilities arising out of Your failure to do so.

Export Controls: No Shared Content shall be acquired by or otherwise exported or re-exported into (or by or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria, Sudan or any other country to which the U.S. has embargoed goods; or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. As a Content Recipient, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.

Parental Control Protections: Streamload.com does not routinely audit the Private Content or Shared Content provided by Users of its services and strongly encourages the use of parental control protections (such as computer hardware, software, or filtering services) that are commercially available and may assist in limiting access to Shared Content or Private Content that may be harmful to or inappropriate for minors.

Assignability: You may not assign, transfer, or delegate this Agreement, Your duties and obligations under this Agreement, Your benefits under this Agreement, or Your Streamload.com account to anyone without the express written consent of Streamload.com. Upon reasonable notice to You, Streamload.com may assign or transfer this Agreement at its sole discretion.

DISCLAIMER OF WARRANTIES: STREAMLOAD.COM'S SERVICES AND MATERIALS AND THIRD PARTY CONTENT ACCESSIBLE IN CONNECTION THEREWITH ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND, EXCEPT AS EXPRESSLY PROVIDED HEREIN, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, STREAMLOAD.COM DISCLAIMS ALL SUCH WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the generality of the foregoing, Streamload.com does not warrant that the functions and/or services of Streamload.com-related services, Private Content, Shared Content, hardware, sites, software, data or other material will be uninterrupted or error-free, or that defects will be detected or corrected; neither Streamload.com nor any third party Content Provider warrants that any service, software, Shared Content, Private Content or the methods by which they are made available will be free of viruses or similar contamination or destructive features. You expressly agree to solely assume the entire risk as to the quality and performance of Streamload.com's services and the accuracy or completeness of Private Content and/or Shared Content.Streamload.com does not warrant or make any representations regarding the use or the results of the use of its services, software, Private Content, Shared Content, the materials, functions, data or services in or provided by Streamload.com, its affiliates or its Users in terms of accuracy, reliability, or otherwise. You expressly agree to assume the entire cost of all necessary servicing, repair, correction and related liabilities resulting from Your use of Streamload.com's services. If applicable law does not allow the exclusion of implied warranties, certain of the above exclusion may not apply to You.

Guarantee Against Fraudulent Transactions: Notwithstanding the foregoing, Streamload.com provides a limited guarantee against Shared Content sales that are blatantly fraudulent as follows: If You have purchased Shared Content through Streamload.com's services which Streamload.com, in its sole discretion, deems to be fraudulent (such as a posting that comprises a blank document or Shared Content that in no way conforms to its description) and You notify Streamload.com of such within 48 hours of the Transaction, Streamload.com will reverse that transaction. If you believe that you have been the victim of fraud while using Streamload.com's services, please contact legal@streamload.com.

LIMITATION OF LIABILITY: YOU AGREE THAT, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES, INCLUDING (BUT NOT LIMITED TO) NEGLIGENCE, SHALL STREAMLOAD.COM BE LIABLE FOR ANY DAMAGES (INCLUDING, BUT NOT LIMITED TO, ACTUAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT RELATE TO OR RESULT FROM THE USE OF, THE INABILITY TO USE, OR THE CORRUPTION OF PRIVATE CONTENT, SHARED CONTENT OR OTHER DATA STORED ON, STORED IN, RETRIEVED FROM, ACQUIRED, TRANSMITTED OR TRANSFERRED THROUGH STREAMLOAD.com's SERVICES, EVEN IF STREAMLOAD.COM OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU FURTHER AGREE THAT STREAMLOAD.COM WILL NOT BE RESPONSIBLE TO YOU FOR ANY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES) OR ANY LOSSES YOU MAY INCUR IN CONNECTION WITH STREAMLOAD.COM'S SERVICES OR ANY OF THE CONTENT, DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON STREAMLOAD.COM'S EQUIPMENT, EVEN IF STREAMLOAD.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL STREAMLOAD.COM'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE GREATER OF $1,000 OR THE AMOUNT PAID BY YOU FOR ACCESSING THIS SITE. If applicable law does not allow the limitation or exclusion of liability or incidental or consequential damages, certain of the above limitations or exclusions may not apply to You.

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john hood johnh@thelinkup.com said...

for the record, i turned off comments because it just a constant negative spiral downward. we aren't even advertising for new users so saying that we're trying to avoid scaring them is ridiculous.
the blog was full of bickering between posters and people spreading half truths. to say there a lot of sharing of information is a joke.
to say that there's now no way to share your views is a joke too. i'm going through the names here and a great many of you have my email address and have written me.
another joke and one particularly offensive to me is that you never hear from support. hogwash. we answer 84% of our emails within 24 hours. to say that i drop in and say everything is rosy is also a joke. i gsve accurate information and took alot of abuse in return. i never said anything that wasn't true or sugar coted the facts. finally to say that we're billing people for our service is the biggest joke. we haven't charged anybody in quite some time.
if you guys change your tone and use the blog to make constructive criticism, stop abusing each other and lose the sarcasm i'll turn the blog comments back on.
finally, yes i realize that this migration has been difficult. i can't believe anyone thinks we're doing this on purpose. we're doing the best we can.

Tom Bassett said...

finally, yes i realize that this migration has been difficult. i can't believe anyone thinks we're doing this on purpose. we're doing the best we can.

The troubles have lasted well over a year, maybe 2, and started before the "migration". And difficult? You lost most of the users files, and shut others out from their files without notice, held others data hostage unless they submitted to your pay plan you sprung on them, charged people who begged you to cancel them, and even put user files in the wrong accounts.

Your excuses are so tiresome, and your methods, censoring customer complaints - disgusting. You shut off comments without notice. You could have at least told people you were going to erase their comments, so they wouldn't have bothered wasting their time writing them in the first place.

Now all the comments have gone down the memory hole, like they never existed. For shame!

Anonymous said...

Re John Hood's comments -

"for the record, I turned off comments because it just a constant negative spiral downward."

Negative comments about your product is entirely your own fault John, the comments come from your customers, who in most cases pay to use your service.

"the blog was full of bickering between posters and people spreading half truths. to say there a lot of sharing of information is a joke."

No, people were trying to help each other, I didn't see much in the way of bickering, and let's not try and pass the blame on to your customers eh John, your company, your product and it doesn't work so what did you expect.

"i gsve accurate information and took alot of abuse in return. i never said anything that wasn't true or sugar coted the facts. finally to say that we're billing people for our service is the biggest joke. we haven't charged anybody in quite some time."

You fully deserve all the abuse you get as a company, your nothing but a scam and you haven't worked properly for 3 years.

If you haven't charged anybody for sometime, how come I and many others got a billing email just a month ago?

"if you guys change your tone and use the blog to make constructive criticism, stop abusing each other and lose the sarcasm I'll turn the blog comments back on."

Oh we are so sorry John, sorry that paying customers are actually voicing an opinion, and opinion that you fully deserve, ye that's it, that must be why you turned the comments off because the customers were in-fighting - John, that, my son is BULLSHIT!

"finally, yes I realize that this migration has been difficult. I can't believe anyone thinks we're doing this on purpose. we're doing the best we can."

Hmmmm an the Mediamx migration John was that difficult too, oh and the original migration you tried with Streamload, you know the one where you said you would never try it again until you totally sure Mediamax was working, was that a difficult migration too John......awwww poor John....poor Steve.....awwww it must be the customers fault all of it!

And what about Brendan John, you know Brendan who reported you to the Atterny Gerneral's Office......will he be getting HIS files back after you shut his account down?

The Linkup - YOU ARE FULL OF SHIT!

MORE EXCUSES - MORE LIES - MORE DECEPTION!

Davesonline said...

If I may interject.

In a comments section like this and even in any blog comments place it is not possible to tell whether that is John Hood or not. Could just have been a prank.

I am not defending TLU or John Hood in the least. Far from it in fact. As I have personally sent John several emails, that I have kept, and he never once replied. I asked a question that was never mentioned in the blog. Not that we have the blog anymore. Eventually someone from CS answered. And for the record I have never had a problem with customer service at the link up. I do have a problem with no files.

The fact that the name John Hood shows up here is again suspect. If he were to issue a statement it would have been through their blog. And as blogger allows one to moderate comments any post deemed unsuitable could have been deleted by TLU. Though I seem to remember John saying they did not have time for that.

Either way I believe if John Hood or the link up were to make a statement of any kind it would be though their own blog and not here.

TLU blog still reads TLU is offline. When it's not. The site is working.

Don't believe everything you see on this or there blog is all I am saying here.

Again, even if it was John Hood then I would like to know when is the migration finished? And where are my files?

That's all the majority of us want to know.

Dave

Luzo Orbit said...

Good point, Dave. I'll check with John Hood. I must say though, it does sound like him.

You can respond to the comment on the blog entry:
http://thelinkupusers.blogspot.com/2008/07/john-hood-disabled-comments.html

Jen said...

If you are, in fact, John Hood, then I call BS. You never answered my e-mail to you.

You deleted my personal files without any warning whatsoever, and you expect me to sit back and not say anything about it?

I e-mail your support team, which gives me the runaround for a week and then basically tells me that since I wasn't a paying customer, I don't matter, and I'm not supposed to say anything about it?

You offered free accounts. I took you up on your offer. You deleted my files, without notice, because I had a free account. And I'm not supposed to say anything about it?

And all this happened under the pretense that you weren't going to be offering free accounts as "TheLinkUp", right? Then why do I see on your website that I can sign up for a new free account to host and share files? And if you ARE offering free accounts, WHY CAN'T I HAVE MY FILES BACK?!?

It's an absolute disgrace the way that this has all been handled. You never should have taken MediaMax offline until you knew for sure that TheLinkUp was up and running properly. You had no business shutting people out of their personal files without knowing for sure that they knew you were going to be doing it and giving them AMPLE time to retrieve their files if they didn't want to move with you.

It's bad business, John, and deserving of all the comments that were left on the TLU blog. The fact that you've censored those comments is just another testimony to how much you do NOT care about your customers, past, current, or future.