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Use of Broad
Automation Streaming Services (Broad
Automation.Com) constitutes acceptance and
agreement to Broad Automation.com T.O.S. (Terms of
Service) and A.U.P.
This agreement is
between Broad Automation Streaming
Services (Broad Automation.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 Broad
Automation.COM.
If a Broad Automation.Com
account is used to violate the Acceptable Use
Policy or our TOS, we reserve the right to
terminate your service without notice. 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.
Broad Automation.Com Internet
Services may not be used for illegal purposes, or
in support of illegal activities. Broad
Automation.Com reserves the right to cooperate
with legal authorities and/or injured third
parties in the investigation of any suspected
crime or civil wrongdoing.
1.
Broadcast Bitrate - Overstreaming
Utilizing a higher bitrate than shown
on your account details. Shoutcast operate 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. If you have purchased a managed
account we take care of the output kbps
rates for you.
2. Content
Client agrees to take sole
responsibility for all content, including audio
streaming, web pages, and any other service that
is utilized. Broad Automation.Com 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 Broad
Automation. The media played on a managed account
is uploaded by the account holder not Broad
Automation.Com.
3. Content
Restrictions
Broad Automation.Com
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 Broad Automatio.Com reserves the right
to suspend or terminate the account.
4. Licenses
Client is solely responsible for any
applicable license fees for their location. Broad
Automation.Com does not award free licensing to
clients, such as ASCAP, BMI, SESAC, RIAA, SIAE,
GEMA or CARP. Please visit Loud City (located on
our main page) for more details.
5. Liability
Broad
Automation.Com 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.
Broad Automation.Com 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, Broad Automation.Com shall not
be liable for any indirect, incidental or
consequential damages sustained or incurred in
connection with lost data. Broad
Automation.Com is hereby waived of any legal
obligation pertaining to the use of our service.
6. 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.
7. Privacy
Broad Automation.Com 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. 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.
9. Refund Policy
Once service has been
established, payment will not be refunded for any
reason. However, should there be a degradation in
quality of service and/or severe outage, Broad
Automation.Com reserves the right to offer the
client a partial or full refund, and in extreme
cases financial compensation in the form of credit
on the clients account.
10.
Cancellation
Requests for cancelling
accounts may be made in with at least 3 days
notice. Client must have all account information
in order to be able to cancel the account. Client
also understands and agrees by this TOS that
all payments to Broad Automation.Com are
non-refundable.
11. Amendments
Broad Automation.Com
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).
12. 14 Day Free Trials
Broad Automation.Com reserves the
right to accept or deny any and all
14 day trial requests. These trials are 1 time only
trials. Be sure your trial request is 100% complete.
Any missing information and your trial will be
denied. Free trial accounts hold 3 listeners, 500 megs of
hard drive space, and your desired Kbps rate.
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
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