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Canstream Terms of Service
Definitions:
Canstream is the brand name for web hosting and media streaming services
provided by the Community Media Association (the CMA). The
Community Media Association is the provider of Canstream. The
Client is the purchaser of a Canstream service or services from the
CMA.
Terms and Conditions for use of the Canstream Service:
1. Content
The Client agrees to take sole responsibility for all content. The CMA
is not liable for any action taken against the Client as a result of
their streamed content.
2. Content Restrictions and Product Misuse
The CMA will not actively monitor the content of the Client's
broadcasts. The Client should not, however, use server
resources for any illegal activity, including the sharing of
copyrighted programs, cracks, or serials, as well as slanderous
material. If it is brought to the attention of the CMA that
illegal content is being streamed then the CMA will terminate
all services without refund.
If it comes to the CMA's attention that the Client is hosting material
that violates these Terms of Service, the CMA will investigate and take
action. The Client understands and agrees that the CMA reserves the
right to immediately close any account that violates our Terms of
Service.
The Client will not run any program or robot that is specifically
designed to diminish server resources.
The CMA will monitor stream connections and the amount of data
streamed. If the Client is found to be exceeding the bitrate agreed,
then the product purchased or the Client account may be disabled for up
to 24 hours. The CMA may re-enable products/accounts before this time
period, however any breaches in the product specifications bought are
considered against the acceptable use policy and will be treated as
such. The CMA will contact the Client in order to agree additional
payment for the increased service. However, the CMA reserves the right
to terminate the Client's service immediately without refund if no
agreement can be reached.
3. Adult or Inappropriate Content
The CMA will not support the streaming of any content which the CMA
deems to be of an adult, or other inappropriate, nature. If it is
brought to the attention of the CMA that such content is being streamed
then the CMA will terminate all services without refund.
4. Licences
The Client is solely responsible for any applicable licence fees for
their location. The CMA does not award free licensing to agencies such
as ASCAP, BMI, CARP, MCPS, PPL, PRS, RIAA, or SESAC.
5. Liability
The CMA will not be held liable for any injury, loss of property, loss
of data, or other mishap caused by the use of CMA's services. The CMA
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 only perform daily incremental and full
weekly backups of databases. The CMA shall not be liable for any
indirect, incidental or consequential damages (including lost data,
lost media, information, or profits) sustained or incurred in connection
with lost data or media master copies.
In consideration for the privilege of using the CMA's hosting and
streaming media services, the Client hereby releases the CMA from any
and all claims of any nature arising from the use, or inability to use,
the internet connection. The CMA is hereby waived of any
legal obligation pertaining to the use of our service.
6. Spam
The Client will not use the CMA resources to transmit bulk or spam
email. This is defined as electronic mail sent to a large group of
recipients who did not expressly request to be sent the mail.
7. Privacy
The CMA will not release any personal information about the Client,
unless permission is expressly granted. Some information may be made
public if the Client chooses to list their content in our online
directory.
8. Payment
Payment for services will be collected before an account is created.
Payment for subsequent months will be charged on the anniversary date,
defined as the day of the month that the Client signed up for service,
unless the Client is informed otherwise.
Uncleared payments may cause streaming services to be delayed until
clearance of funds has been obtained. The CMA reserves the
right to place technical restrictions on any webcast subscription that
has fallen into payment arrears.
If a subscription is cancelled before use has been made of that service
then an administration fee of GBP30 is liable. If an annual
subscription is cancelled within the first six months of the service
running then a maximum refund of 6 months fee is returnable to the
Client. If an annual subscription is cancelled after the
first six months of the service running then no refund of subscription
will be returnable to the Client.
9. Cancellation
Requests for cancelling accounts may be made with at least 3 days
notice. The Client understands and agrees that the CMA reserves the
right to close any account if the CMA believes that the Terms of
Service have been breached. The Client must have all account
information in order to be able to cancel the account. The Client also
understands and agrees under the Terms of Service that all payments to
CMA are subject to the Terms and Conditions in the Payment clause above.
11. Product Reselling
If the Client is found to be reselling a Canstream product, the CMA
will immediately disable all products and de-activate the account with
no refund. The decision to disable the account is final and there are
no appeals.
12. Product Offers
Any offers made to the Client are offered on the terms agreed at the
time. Any change made by the Client which causes these terms to be
breached will revoke any offer made by the CMA. No reversal will be
made and any monies outstanding/required will be paid by the Client.
The consumer offering from Canstream is limited to a maximum 200
listener streams per Client. Any slots over this amount will, unless
previously arranged, be subject to our Corporate Price List which is
available on request.
13. Directory Listings
If the Client is found to be broadcasting material which causes any
issues relating to any directory listings, such as the Shoutcast YP,
the CMA will terminate their account without refund.
14. Amendments
Amendments to this agreement may be made at any time. No notification
will be given to the Client when changes are made; it is the
responsibility of the Client to check the Terms of Service on a regular
basis.
15. Podcasting/ALISA Users
When uploading content, you grant Canstream a non-exclusive, worldwide,
perpetual, irrevocable, royalty-free, sub-licensable (through multiple
tiers) right to exercise the copyright, publicity, and database rights
(but no other rights) you have in the content, in any media known now or
in the future. (We need these rights to host and display your content).
All podcast and ALISA users are instructed to keep local backups of
their media files and indemnify the CMA against loss of any media files.
The ALISA facility may not be used for logging station output.
The CMA reserves the right to prune podcast and Listen Again accounts to
the contracted storage limit and delete media files without notification
to the Client.
The Client is instructed to make regular local backups of media files
hosted on the podcast/Listen Again facility and of any recordings made
through the ALISA service.
16. Free Podcasting Trial
Free trial podcasting accounts are available from the CMA on request.
Free podcasting accounts are limited to a maximum of 2GB space.
Free podcasting accounts are limited to a maximum of 2GB storage
space on a trial basis and the size of account may not be increased
unless the user wishes to upgrade the trial to a full paid-for service.
Free podcasting accounts are only available to users taking up a
paid-for streaming service from the CMA i.e. in addition to a paid-for
podcasting service or an internet radio service supplied by the CMA.
No support requests will be dealt with by phone. Service users are
requested to refer to the online help guide or to submit any enquiries
by email.
All podcast users are instructed to keep local backups of their
media files and indemnify the CMA against any loss of media files.
The CMA reserves the right to terminate the free trial podcasting
service for any individual user or group of users without notice.
Free podcasting accounts may only be used for the trial of the
podcasting platform supplied by the CMA and may not be used for any
illegal activity, including but not limited to the sharing of
copyrighted programs, cracks, and serials, as well as slanderous
material. If it is brought to the attention of the CMA that illegal
content is being streamed then the CMA will terminate all services
without notice.
Free podcast trial users may instruct the CMA that they wish to
continue the podcasting service on a paid-for basis and request an
invoice to ensure no interruption to the hosted service.
Errors and omissions excepted (E&OE).
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