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SHOUTSTREAM Media Streaming Terms of Service Agreement
We want you to get the very best from our media streaming service. By understanding your and our obligations, we aim to provide the best possible experience. We hope it will ensure that our relationship is a mutually fulfilling and successful one. As ever we are here to help you get the best from our services. If you would like to discuss anything regarding these terms and conditions, please do contact us.
Declaration of Terms.
This SHOUTcast and Web Hosting Agreement (henceforth "the Agreement") is between shoutstream Internet Services (henceforth "shoutstream Media Streaming ") and the person (individual or legal person) who completes the shoutstream Media Streaming service order and set up form (henceforth "the Order") incorporating the Agreement by reference (henceforth "the Customer"). The Agreement governs the Customer's use of shoutstream Media Streaming 's SHOUTcast hosting service(s), and the service(s) dispensed to the Customer by Net Island Media Streaming .
Services Provided.
Subject to the terms of the Agreement, and contingent on the Customer's satisfaction of shoutstream Media Streaming 's credit approval requirements, shoutstream Media Streaming agrees to provide the web hosting services described in the Order for the fees stated in the Order.
Service Term.
The initial service term of the Agreement shall begin on the date that Media Streaming
generates an e-
Fees.
Fees are payable in advance on the first day of each billing cycle. The Customer's billing cycle shall be monthly or annually as indicated on the Order, beginning on the Service Commencement Date. Media Streaming may require payment for the first billing cycle before beginning service. If the Order provides for credit/debit card billing, the Customer authorizes Media Streaming to bill subsequent fees to the credit/debit card on or after the first day of each successive billing cycle during the Term of this Agreement; otherwise Media Streaming will invoice the Customer via electronic mail to the Primary Customer Contact listed on the Order. Invoiced fees may be issued on or before the first day of each billing cycle, and the fees shall be due on the seventh (7th) day following invoice date, but in no event earlier than the first (1st) day of each billing cycle.
Fee Increases.
shoutstream Media Streaming may increase its fees for services effective the first
day of a Renewal Term by giving notice to the Customer of the new fees at least forty-
Early Termination.
The Customer acknowledges that the amount of the fees for the service is based on
the Customer's agreement to pay the fee for the entire Initial Term, or Renewal Term,
as applicable. In the event Media Streaming terminates the Agreement for the Customer's
breach of the Agreement in accordance with the Termination section, or the Customer
terminates the service other than in accordance with the Termination section for
shoutstream Media Streaming 's breach of the Agreement, the unpaid fees for each
billing cycle remaining in the Initial Term or then-
Refunds.
shoutstream charge on an annual, in advance basis. If you wish to cancel during this cycle,Media Streaming will refund all your costs, excluding any set up costs and the equivalent of one quarter of your contract payment. This is because we administer and manage our needs to serve our customers on a quarterly basis. Our costs will have been calculated to serve you for the year, with quarterly increments taken into consideration for the pruposes of changes to the contract. For SHOUTcast and Media Streaming, shoutstream Media Streaming charge on a month to month basis. For each complete month, no full refunds are available. However, we may offer you part refund is we feel this is deemed necessary.
Disclaimer of Warranties.
shoutstream Media Streaming does not warrant or represent that the services will
be uninterrupted, error-
Limitation of Damages.
Neither party shall be liable to the other for any lost profits, or any indirect, special, incidental, consequential, or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.
Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of shoutstream Media Streaming and any of its employees, agents, or affiliates, under any theory of law (including breach of contract, tort, strict liability, and infringement) shall be a payment of money not to exceed the amount payable by the Customer for three (3) months of service.
Suspension of Service.
The Customer agrees that shoutstream Media Streaming reserves the right to suspend
services to the Customer without notice and without liability if: (i) shouttstream
Media Streaming reasonably believes that the services are being used in violation
of the AUP; (ii) The Customer fails to cooperate with any reasonable investigation
of any suspected violation of the AUP; (iii) Net Island Media Streaming reasonably
believes that the suspension of service is necessary to protect its network, its
equipment, or its other customers, or (iv) as requested by a law enforcement or regulatory
agency. The Customer shall pay shoutstream Media Streaming reasonable reinstatement
fees if service is re-
Termination.
The Agreement may be terminated by the Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if shoutstream Media Streaming fails, in a material way, to provide service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of the Customer's written notice describing the failure in reasonable detail. The Agreement may be terminated by shoutstream Media Streaming 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 the Customer is overdue on the payment of any amount due under the Agreement; (ii) the Customer materially violates any other provision of the Agreement, including the AUP and/or applicable law, and fails to cure the violation within fourteen (14) days written notice from shoutstream Media Streaming describing the violation in reasonable detail; (iii) upon one (1) days notice if the Customer's service is used in violation of a material term of the AUP more than once; or (iv) upon one (1) days notice if the Customer violates the Customer Information section of this Agreement. Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
Network and Equipment Maintenance.
Upgrades and other changes in shoutstream Media Streaming 's network, including, but not limited to, changes in shoutstream Media Streaming software, hardware, service providers, etc. may affect the display or operation of the Customer's hosted content and/or applications.shoutstream Media Streaming reserves the right to change its network and/or equipment in its commercially reasonable discretion, and shoutstream Media Streaming shall not be liable for any resulting harm to the Customer.