User Agreement
StreamCast's terms of service apply to all clients and should be read in conjunction
with specific terms that relate to the service you are subscribed to. StreamCast
further agrees to furnish services to the Subscriber, subject to the following TOS
(Terms of Service).
Use of StreamCast's Service constitutes acceptance and agreement
to StreamCast's TOS (Terms of Service).
All provisions of this contract are subject
to the TOS (Terms of Service) of StreamCast. The TOS may be changed from time to
time at the discretion of StreamCast. Subscriber understands that changes to the
TOS by StreamCast shall not be grounds for non-payment.
StreamCast reserves the
right to cancel or suspend any account for any reason. An account may be cancelled
or suspended immediately when any breach of the following Terms of Service is found,
in such cases no refund will be issued. Setup fees (if any) will not be refunded.
Privacy
Policy
StreamCast respects our clients' privacy and will not give, sell or rent any
personal information to any third party, unless required to do so by law or with
permission of the client. You understand that some of your information will be made
public if you choose to list your server on any public directory or the Shoutcast.com
directory, such as AIM, ICQ or any other information that you list.
Communication
StreamCast
will communicate with its customers through e-mail on issues related to our service.
It is the responsibility of the customer to check any e-mail sent to the e-mail address
provided. The customer is responsible to notify StreamCast of any e-mail address
changes.
Technical Support
StreamCast strives to answer support tickets within 24
hours of submission 7 days a week (most tickets are answered within 1-3 hours) however,
we do not offer any guarantees on how quickly support requests are answered.
StreamCast
may not be held liable for any indirect, incidental or consequential damages sustained
or incurred as a result of support response times including but not limited to injury,
loss of profits, loss of data or loss of property.
Under no circumstances will StreamCast
provide assistance whatsoever to the clients of our resellers. It is the reseller's
responsibility to provide support to their own clients.
Account Billing
The account
will be on a month to month basis. We request advanced notice if you intend to cancel
our service. Your account will automatically renew until you cancel through your
Paypal account.
Cancellation
No cancellation notice period is required, you may allow
the service to expire by stopping payments. Our system will automatically suspend
and terminate your account at the end of the period that was paid for. However, cancellation
is the responsibility of the customer. If a customer wishes to cancel their account,
they should go to their Paypal account and simply cancel the subscription. Stream Cast
is not responsible for cancelling a customer's account, except in the event of abuse
of these Terms of Service.
Bandwidth Usage
There are no bandwidth restrictions on our shoutcast plans other
than the number of listener slots and stream bitrate. StreamCast will never restrict
or stop your stream as a result of your bandwidth usage as long as you stay within
the maximum bitrate and listener slots assigned to your account.
On our web hosting packages you are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
Refunds
Once purchase
has been made, there will be no refunds except in extreme cases as determined by
StreamCast. unless covered by 30 Day Money Back Guarantee.
If we decide that a refund is justified, the refund will be in the same
form as the original payment. Refunds will be made to the Paypal account used to
pay for the service.
30 Day Money Back Guarantee.
To get the 30 day money-back guarantee for your shoutcast stream, please cancel your account within the first 30 days of purchase by submitting a ticket. We cannot refund you until the cancellation request is complete, and please allow up to 15 days for your credit card or PayPal to show the refund.
Please note that our 30 day money back guarantee does not cover refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us or added services to your account.
All cancellation requests will be effective within 72 hours upon receipt.
Product Misuse
You may not falsify information about your stream
in any way, this includes using description, bitrate, genre or listener counts that
do not reflect the actual content or listener count. This can result in our servers
being banned from the Shoutcast YP (Yellow Pages) - any account violating this rule
will be terminated without notice.
You may not stream content at a higher bitrate
than you have purchased. This may result in automatic suspension of your stream for
24 hours by our scanners. In this case you may contact support and request reactivation.
Royalties
& Account Uses
Customer is solely responsible for any applicable license fees for
their streams or websites. Stream Cast does not provide licensing for any programming
including but not limited to ASCAP, BMI, SESAC, RIAA, SIAE, GEMA, CARP, MP3, or MP3pro.
Auto DJ
Auto DJ is a service where a client is able to upload mp3 tracks to our servers and broadcast it, The service includes scheduling, start stop shuffle and station info settings, due the AOL's SC (auto dj transcoder) there is no guarentee for uptime with Auto DJ services, The is no guarantee the data uploaded will always remain on the server as we do not keep backups of this.
Backup and Data Loss
Your use of the service is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers.
Compliance
The account holder will be responsible to make sure the users of his or
her account fully comply with the Terms of Service.
Termination of Service
StreamCast
reserves the right to suspend or terminate any account immediately and without notice
or refund that is streaming at higher bit rates than purchased. This policy is implemented
in extreme circumstances and is intended to prevent the misuse of the servers and
resources. StreamCast offers an unlimited bandwidth policy by maintaining large
ratios of bandwidth per customer.
Disclaimer
StreamCast makes no warranties of any
kind, whether expressed or implied, for the service it is providing. StreamCast
will not be responsible for damages or losses the customer suffers, and any consequential
damages or losses. This includes, but not limited to the loss of data, non-deliveries,
mis-deliveries, or service interruptions caused by its own negligence, subscriber's
errors or omissions, or due to the fault of any third parties.
