Terms Of Service

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Use of ReliaStream services (ReliaStream.Com)  constitutes acceptance and agreement to ReliaStream T.O.S. (Terms of Service) and A.U.P. (ACCEPTABLE USE POLICY) This agreement is between ReliaStream Streaming Services (ReliaStream.Com), and subscribers to our hosting and streaming media packages, herein referred to as client. This agreement is affective for any period during which the client is a subscriber of any service offered by ReliaStream or ReliaStream.Com.  

If a ReliaStream account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. If a ReliaStream client is abusive or his/ her conduct comes into question we reserve the right to terminate and or ban that client from our network. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, certain violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

ReliaStream internet services may not be used for illegal purposes, or in support of illegal activities. ReliaStream reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. ReliaStream offers a 99% uptime guarantee. 1% equals out to 4 days or 96 hours per year. In most cases our servers go beyond the 99% uptime guarantee. We do our very best to keep our servers running 24/7.

1. Broadcast Bitrate - Overstreaming
Utilizing a higher bitrate than shown on your account details. Shoutcast operates in a shared environment where bandwidth is provisioned very carefully, so abusing your bitrate will almost always result in server termination. It is your responsibility to maintain proper control over the broadcast bitrate. Shoutcast audio-only streams must be between 8kbps and the bitrate reflected on Subscriber's account. Our dedicated server software will not allow overstreaming. If you stream at a higher bitrate then your paying for your account will be automatically suspended. This will result in downtime for your station(s). Going over your hard drive limit will also result in suspension.

2. Content
Client agrees to take sole responsibility for all content, including audio streaming, web pages, and any other service that is utilized. ReliaStream is not liable for any action taken against a client as a result of their stream content or web content. This also applies to managed accounts. The account holder is still 100% liable for the content on his/ her server. Managed accounts are only modified, tweaked, and maintained by ReliaStream. The media played on a managed account is uploaded by the account holder not ReliaStream.

3. Content Restrictions
ReliaStream will not actively monitor the content of client's broadcasts or website. Client will not, however, use server resources for any illegal activity, including the sharing of copyrighted programs as well as slanderous material. Client will not run any program that is specifically designed to bog down server resources. In the event there is a violation ReliaStream reserves the right to suspend or terminate the account.

4. Licenses
Client is solely responsible for any applicable license fees for their location. ReliaStream does not award free licensing to clients, such as ASCAP, BMI, SESAC, RIAA, SIAE, GEMA or CARP. Please visit your local license agnecy for more information and rates.

5. Liability
ReliaStream will not be held liable for any injury, loss of business, loss of property, loss of data, or other mishap caused by the use provider's services or provider error. ReliaStream will make every effort to provide an uninterrupted Internet connection; however we do not warrant that the Internet connection will be error free or uninterrupted. We perform full monthly and weekly incremental back-ups; however, ReliaStream shall not be liable for any indirect, incidental or consequential damages sustained or incurred in connection with lost data. ReliaStream is hereby waived of any legal obligation pertaining to the use of our service.

6. Server Relocating
On very rare occasions ReliaStream may need to relocate your account to a new or different server. This could be due to a severe server related issue, downsizing, or lack of clients on any given server. Please note a server relocation will change an ip address and port. ReliaStream will give at least 30 days notice and at least one free month of service in the event a relocate is required. ReliaStream takes every step to avoid server relocations but they do occur when it's needed.

7. Privacy
ReliaStream will not release any personal information about our clients, unless permission is expressly granted. Some information may be made public, if client chooses to list their content on our site for promotional purposes.

8. Spam
Client will not use our resources to transmit bulk or spam Email. This is defined as mail sent to a large group of recipients who did not expressly request to be sent the mail.

9. Payment
Payment for services will be collected before an account is created. Payment for subsequent months will be charged every thirty (30) days, defined as the day of the month that the client has signed up for our services, unless the client is told otherwise. We accept PayPal and credit card payments through Authorize.Net as forms of payment at ReliaStream. Note 1: PayPal e-check payments are also accepted but are not considered to be paid in full until the check clears. If you plan on making a PayPal e-check payment be sure to make this payment early (5-7 days before due date). This will allow time for the e-check to clear. Radio accounts maybe suspended if the e-check payment is not cleared before cut off date. Clients making their initial payment with an e-check will also have to wait for the check to clear before they are able to gain access to their radio account. We highly suggest making instant payments via PayPal if you are able to. Credit card payments require strict guidlines. ALL of your information must match or the credit card payment will be declined. If you are unable to get an approval we suggest using PayPal.

10. Over Payments
From time to time we run across members who set up to many subscriptions through payment gateways. ReliaStream asks that you make sure you only have one subscription set up for your radio account. If you have multiple items it is ok to have more then one subscription. If you have more then one subscription set up and double payments are being made ReliaStream will credit your account in the event this happens. No refunds are given but we do credit your account for future service. Please be sure you only set up ONE payment for each plan or item. ReliaStream does not have access to your payment gateway (ex PayPal). This means we can not start or stop a subscription (automatic payments). It is up to you to log into your payment account, view your subscriptions, and make sure you have one subscription for each ReliaStream item (if needed).

11. Refund Policy
Once service has been established, payment will not be refunded for any reason. We do not prorate service(s). When you purchase a month.. you get a month of service. If you purchase 3, 6, or 12 months you get 3, 6, or 12 months of service. If you decide to cancel service you have the option to choose Immediate or End of Billing Period. We suggest you select End of Billing Period. If you choose Immediate your server will be removed within 24 hours. No refunds are given if you choose to cancel with the Immediate option. However, should there be a degradation in quality of service and/or severe outage, ReliaStream reserves the right to offer the client credit towards future service. Server upgrades are not considered a degradation in service and are required one or two times a year. Dedicated servers also fall under the no refund policy. Once a dedciated server has been ordered your service is then active and no refunds will be given. If your service is canceled due to abuse there are no refunds or partial refunds given.

12. Dedicated Servers
Once an order has been placed, payment will not be refunded for any reason. We do not prorate service(s). When you purchase a month.. you get a month of service. Dedicated servers are set up to your specifications. Once the server  options have been selected and preloaded into the server they can only be changed with additional upgrade/ downgrade fees. These fees vary based on the work and time needed to complete the upgrade/ downgrade. If this upgrade/ downgrade requires downtime of your server this will not extend your payment due date. If our provider terminates service there are no refunds. Provider has the right to alter or make changes to rates and or services. ReliaStream is a reseller not a server provider. Be sure to view our Server Usage (AUP) web page before placing an order. Purchasing any dedicated server from ReliaStream automatically binds you to any and all terms of our provider.

13. Dedicated Radio Servers
The same terms apply to ReliaStream's dedicated radio servers. In addition to the above terms are several other terms. Once a dedicated radio server is completed, tested, and handed over to the client ReliaStream offers support for the server and Centova software. We do not offer technical support for your radio clients. If you require technical support for radio clients be sure to contact the Centova support team by visiting www.centova.com. Centova Cast version upgrades are not free. You may choose to have Centova or ReliaStream upgrade your version of Centova Cast when possible. Radio servers do not come with Centova Cast software. You must purchase Centova Cast and we will install Centova Cast for you.

 14. Flash Radio Players 
Our flash radio players have been fully tested and are free of any defects. All of our flash players have been tested on various web sites. Once a flash player has been purchased and sent there are no refunds. Please keep in mind your web host provider, your browsers, proper installation, and other factors can cause a flash player to not work properly. In some cases we will even provide a demo link of your station running on our flash player. If the player works on our site.. it works!! ReliaStream offers professional installation services for $20 USD (if needed). If you are not sure about flash radio players it's best to have our web team install it.

 15. iPhone & Android Radio Apps 
Our radio apps are non refundable so be 100% sure before you purchase one or both of these apps. Radio apps are designed according to your form submission. Be sure to send us the correct information before submitting the form. iPhone apps can take 7-14 days and Android apps can take 3-5 days to complete. We are not responsible if iPhone or Android does not approve your app due to content. If you are broadcasting unedited material be sure to let us know before we submit your app. Once a radio app is created any updates to that app afterwards will require an upgrade and an upgrade fee. Please alllow 2-4 days for upgrades to be submitted. Extra time may be required for iPhone or Android to also approve any upgrades. Prices includes cost to design the app(s) and any submission fees that apply. If an app is not approved we will work with you, iPhone, and Android for a resolution. The ReliaStream app team does it's best to install all your requested links and items on your radio app but some items may not work properly on these smart phones. ReliaStream is not responsible for non functioning links, web pages, scripts, or other items that may not work on an iPhone or Android app.

 16. Web Hosting Terms 
ReliaStream web hosting is for web hosting only!! There are set limits on disk space and data transfer (bandwidth). We want you to have the resources you need to build a great online presence, and 99.95% of all customers will have more than enough disk space and bandwidth to meet their needs. That being said, we do require all customers to be fully compliant with our Terms of Service and utilize disk space and bandwidth in the normal operation of a personal or small business website. While it is rare, we may need to put constraints on accounts that are using resources beyond what would be expected in the normal operation of a personal or small business website. We now have several plans where disk space and bandwidth range depending on your needs. Web plans can only be upgraded on a month to month basis (not in between). Overage fees for disk space is $2 per gig and bandwidth overages are set at $1 per gig. Typically, customers only run into issues if they use their web account for storage, streaming, or file sharing, which is not what our web hosting services are intended to support. In accordance with our Terms of Services the disk space and bandwidth you use must be integrated into the normal operation of your website.

 17. Domain Names 
When you purchase a domain name it is very important that the information you submit is 100% correct. Once you submit the order there is no changing it. Be sure your domain name has the correct spelling, correct extension (.com, .net, ect), and all other information is correct. We can not make changes after the domain is ordered. If you make a mistake you will have to purchase the domain name again (with the correct information). There are no refunds or exchanges with this product. Domain service by Enom.

 18. Specials & Sales 
ReliaStream offers specials and or a sales from time to time. These specials and sales are for new purchases only. We will not alter any current radio plan or item. Current clients may purchase any of our sale items at any time but this is treated as a new account and you will be required to move any and all media, change any and all tune in links, change iTunes, iPhone, Android, and other links at your expense. ReliaStream can change links for you for an additional fee. Fee varies and is based on how many re-submissions are required.

 19. Upgraded & Downgrades 
ReliaStream clients may request upgrades or downgrades at any time. Keep in mind some of these upgrades and downgrades may change tune in links, server ip's, phone app links, iTunes radio links,ect. ReliaStream does not cover these changes and you will be required to make those changes. In some cases you may be required to purchase an upgrade service or re-submit service from us. ReliaStream phone app changes will require such service. Once a phone app is submitted to Apple or Android any changes are considered upgrades. If you change your service or move to another server your phone app will require changes to be made. These types of changes are not free. If we need to switch your radio account to another server we only switch the radio account. If you have media on the old account you will be required to upload that media to your new server. ReliaStream does provide a 5 day overlap period between radio accounts.

 20. Cancellations & Automatic Payments 
You are able to cancel your service(s) at any time. Service will remain active until the end of your billing cycle. You may also choose to cancel your service(s) immediately. If you choose to cancel your service immediately the item will be cancelled within 24 hours. If you have set up automatic payments with PayPal or other processor you will need to log into your PayPal or other processor account and stop those automatic payments. We do not control this process so it is up to you to stop all automatic payments. You must cancel any and all automatic payments or your payment system will continue to make these payments. In the event you choose to ignore this advice we will place these funds in a credit and you can use them for future services at ReliaStream. No refunds are given so please take those few minutes, log into your payment site (PayPal or other processor) and cancel the automatic payments.

 21. Multiple Automated Subscriptions 
ReliaStream offers no refunds for members that set up 2 or more payment subscriptions for the same account. We do not have the ability to log into your PayPal account to stop or start your automated payments (subscriptions). It is up to the member to monitor and maintain their automated payments (subscriptions). In the event a member sets up more then one automated payment the extra payment will be placed in their ReliaStream credit account. These funds can be used for future service(s) at ReliaStream and are not refunded for any reason. We ask that you monitor and maintain your PayPal subscriptions to avoid this from happening. We also suggest members set up their automated payments on the day before or the same day their payment is due. Do not press the "Subscribe" button every time you go to make a payment. This is how multiple subscription payments are accidentally set up.

 22. Server Audits 
Every 2-3 months ReliaStream will perform audits on all our servers. Any account that is not attached to a client will be suspended or terminated. This is a rare issue but it does happen. Any client found using our servers without making the proper payments may be terminated and banned from using any ReliaStream service. If an unknown account is suspended and the non paying member wishes to get their server back there is a one time $49 penalty fee. Once this fee is paid in full the server will be placed on your account and normal payments will resume. If you choose to open a new server you will not be given the same ip and port # from the previous non paying account. There are no exceptions and no fee waivers when it comes to non paying members.

 23. Payment Reversals 
Payment reversals or credit card chargebacks will result in an automatic termination of your service at ReliaStream. Our members must agree on our terms of service before purchasing our products. If this agreement is broken we will terminate services immediately.

 24. Amendments 
ReliaStream reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. It is the responsibility of subscriber to periodically check this AUP for such changes in accordance with our TOS (Terms of Service).

This terms of service is effective from 1st August 2008

More Information:
As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us.

 
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