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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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