Client Area

           Privacy Policy Statement

 

TERMS AND CONDITIONS OF USE

 

 

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Access to this Website

Welcome to our website. In accessing and using this website, you acknowledge that you have read, understood and agree to be bound by the following terms and conditions. If you do not agree with anything in this statement you should not use this website.

 

About this Website

On this website we provide SHOUTcast hosting services in which users who are interested may find such information and, if they choose to do so, register their interest.

If you register with us, we will issue you with confidential user name and password to access your account and all the services contained on this website. You should ensure that you do not disclose your user name and password to any other person.

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Your  Obligations

You must not:

Use any other person’s name, user identification or password when accessing or using this website, unless it is with our consent;

Post or transmit any material which in any way defames, harasses or offends any person, is obscene or which in any way may interfere with any other users of this website;

Provide any information to us which is the confidential information of proprietary information of any other person;

Use this website in any way which may  be in breach of any laws, rules or regulations or may infringe any third party rights; or

Knowingly transmit any virus or take any action which may interfere with the operation of this website.

 

Service Term

The initial service term of the Agreement shall begin on the date that Host2Stream generates an e-mail message to Client announcing the activation of the Client’s account (the “Service Commencement Date”) and shall continue as stated in the Order (the “Initial Term”).

 

Upon expiration of the Initial Term, this Agreement shall automatically renew unless Host2Stream or Client provides the other with written notice of non-renewal.

 

Acceptable Use Policy

Client agrees to use the service in compliance with applicable law and Host2Stream's Acceptable Use Policy ("AUP"). Client agrees that Host2Stream may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Client’s use of the Services.

 

Client agrees to cooperate with Host2Stream's reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Host2Stream and Client regarding the interpretation of the AUP Host2Stream's commercially reasonable interpretation of the AUP shall govern.

 

Change of Information, Products and Services

Information, products and services published on this website are subject to change without notice.

 

Changes to Host2Stream's Network

Upgrades and other changes in Host2Stream's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Client’s hosted content and/or applications. Host2Stream reserves the right to change its network in its commercially reasonable discretion, and Host2Stream shall not be liable for any resulting harm to Client.

 

Client Information Provided to Us

You may at your decision provide information to us in order to receive information about us, the products or services displayed on this website. If you do so, you agree that any such information becomes our property and may be used by us or others, reproduced, published, transmitted, modified or distributed at our discretion, subject to our obligation under Privacy Policy Statement.

 

Client represents and warrants to Host2Stream that the information he, she or it has provided and will provide to Host2Stream for purposes of establishing and maintaining the service is accurate. If Client is an individual, Client represents and warrants to Host2Stream that he or she is at least 18 years of age. Host2Stream may rely on the instructions of the person listed as the Primary Client Contact on the Order with regard to Client’s account until Client has provided a written notice changing the Primary Client Contract.

 

Requests for Client Information

Client agrees that Host2Stream may, without notice to Client, (i) report to the appropriate authorities any conduct by Client or any of Client’s Clients or end users that Host2Stream believes violates applicable law, and (ii) provide any information that it has about Client or any of its Clients or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

 

Streaming Content, Hosting & Licensing

Host2Stream does not actively monitor stream contents and all content broadcast is the sole responsibility of the Client.

 

We do not provide any form of legal cover to individuals or companies who utilize our services to distribute content with any copyright protection.

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Under no circumstances will Host2Stream be responsible for the behaviour of our Clients or their users when found to be broadcasting protected content. All licensing, copyright and royalty issues are the sole responsibility of the individual clients and/or their production entities.

 

You may not use our services to distribute adult, racist or any other unsociable material!

 

If contacted by an authority in the event of an illegal situation regarding any of the above, we will co-operate fully in any investigations they decide to make against Clients found to be breaking the law.

 

All live streaming purchased from Host2Stream is limited in bandwidth by a bitrate (Kbps). If you choose to stream above the purchased bitrate on a live server, we reserve the right to terminate your account without warning, refund or explanation.

 

If your account is suspended because of this, we reserve the right to charge a €10.00 admin fee to have it re-activated.

 

Payment, Cancellation and Money Back Guarantee

Our fees are billed in advance on a monthly basis unless otherwise specified.  

Our primary and preferred method of payment is PayPal. Payments for your service will be collected on a specific billing date each month, eg. if you sign up on 28th March - your next payment will be due on 28th April. All payments must be made in Euros.  For Clients from The Netherlands wanting to pay via Direct Bank Transfer we can arrange an alternative payment, simply contact sales with your requirements.

 

Failure to pay for services delivered may result in suspension of service and/or late payment fee's in accordance with the Late Payment of Commercial Debt Act (1998).

 

Client agrees to pay Host2Stream's reasonable reinstatement fee of €10.00 following a suspension of service for non-payment.

 

We offer a 30 day money back guarantee. If from any reason you are not fully satisfied with our service, we will refund the purchase price within 30 days. Simply send us e-mail and request a refund. We will gladly refund your total package amount. This money back guarantee applies to all Host2Stream services ordered first time only!

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It is the client’s responsibility to keep track of all payments made.

 

You are not liable for any form of refund if you have breached the terms of service in any way, which includes exceeding the agreed bitrate limit and broadcasting unsuitable content.

 

Clients wishing to cancel our service should contact us. Cancelling a PayPal subscription directly may result in an instant termination of service.


Fee Increases

Host2Stream may increase its fees for services effective the first day of a Renewal Term by giving notice to Client of the new fees at least thirty (30) days prior to the beginning of the Renewal Term, and if Client does not give a notice of non-renewal, the Client shall be deemed to have accepted the new fee for that Renewal Term. The exception is if a Client signs up for a Host2Stream membership and uses a coupon or discount code. If the same Client later downgrades a Host2Stream account, they will lose that original discount code and any other privileges related to that original membership package. The member will have to pay the full price of the downgraded membership package in question.

 

Suspension/Termination

If in our reasonable opinion you fail to comply with our Terms and Conditions of Use of this website, we may terminate or limit access to your SHOUTcast server.

 

(a) Suspension of Service

Client agrees that Host2Stream may suspend services to Client without notice and without liability if:

(i) Host2Stream reasonably believes that the services are being used in violation of the AUP;

(ii) Client fails to cooperate with any reasonable investigation of any suspected violation of the AUP;

(iii) Host2Stream reasonably believes that the suspension of service is necessary to protect its network or its other Clients, or

(iv) as requested by a law enforcement or regulatory agency.

 

Client shall pay Host2Stream's reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.

 

(b) Termination

The Agreement may be terminated by Client prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Host2Stream fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Client’s written notice describing the failure in reasonable detail.

 

The Agreement may be terminated by Host2Stream prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows:

(i) upon ten (10) days notice if Client is overdue on the payment of any amount due under the Agreement;

(ii) Client materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from Host2Stream describing the violation in reasonable detail;

(iii) upon one (1) days notice if Client’s Service is used in violation of a material term of the AUP more than once, or

(iv) upon one (1) days notice if Client violates Section Client Information of this Agreement.

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DISCLAIMER NOTICE

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About Using this Website

By using this website you are accepting all the terms of this disclaimer notice. If you do not agree with anything in this notice you should not use this website.

Please ensure you have read the Terms and Conditions of Use.

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Copyrights & Restrictions

All content of this website including but not limited to design, text and graphics is protected by copyright law and is copyright to Host2Stream unless credited otherwise.

 

Apart from fair dealing for the purpose of personal non-commercial use, private study, research, criticism or review as permitted under copyright legislation, you may not copy, reproduce, transmit, download, broadcast, distribute, sell, modify or publish any of the material on this website unless we give you the written permission to do so.

 

Indemnity

Client agrees to indemnify Host2Stream and its partners, employees and other authorized representatives against all claims, suits, demands, damages, liabilities, costs or expenses arising in any way out of or in any way connected to your use of this website.

 

Disclaimer of Warranties and Liability

While every effort is made to ensure that the content of this website is accurate, the website is provided “as is” and Host2Stream makes no representations or warranties in relation to the accuracy or completeness of the information found on it.  While the content of this site is provided in good faith, we do not warrant that the information will be kept up to date, be true and not misleading, or that this site will always (or ever) be available for use.

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We do not warrant that the servers that make this website available will be error, virus or bug free and you accept that it is your responsibility to make adequate provision for protection against such threats.  We recommend scanning any files before downloading. Host2Stream does not warrant or present that services will be uninterrupted, error-free, or completely secure.

Nothing on this website should be taken to constitute professional advice or a formal recommendation and we exclude all representations and warranties relating to the content and use of this site.

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Limitation of Damages

In no event will Host2Stream be liable for any incidental, indirect, consequential or special damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of profit, loss of contracts, goodwill, data, information, income, anticipated savings or business relationships, whether or not advised of the possibility of such damage, arising out of or in connection with the use of this website or any linked websites.

 

Links to Other Websites and Products

Links to other websites are provided for the convenience of users.  We are unable to provide any warranty regarding the accuracy or completeness of the content of such sites, or the reliability, quality or effectiveness of any products provided through external websites.  A link to an external site does not imply an endorsement of the views, information or products provided or held by such websites.

 

Legal

Host2Stream reserves the right to make alterations to this document whenever we deem responsible and any revised version will be deemed to be applicable from the first date of publication on this website. It is the clients sole responsibility to check this document for updates on a regular basis.

 

You may also review our Privacy Policy Statement.

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Last updated on 2nd January 2010

                                                                                      

 

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