Terms of Service
THIS FOLLOWING DOCUMENT IS AN AGREEMENT BETWEEN YOU AND Stream101, A WEBSITE THAT IS OWNED AND OPERATED BY TEAMWORK COMMUNICATIONS INCORPORATED. HERINAFTER REFERRED AS "Stream101", "Stream101.COM", "WE", AND/OR "US". THIS AGREEMENT OUTLINES YOUR RESPONSIBILITIES AND OUTLINES THE DETAILS FOR THE SERVICES AND PRODUCTS WE PROVIDE.
This Terms of Service ("TOS") document contains the complete and entire terms and conditions that apply to your use of Stream101's Services AND/OR Products (as defined below). Stream101 may modify the terms of this TOS, including and Costs (as defined below) at its sole discretion upon thirty (30) days' notice (which may be effected by posting such changes onto the Stream101 home page, via e-mail to the registered account holder, or via public announcement). Your continued use of the Services AND/OR Products after the effective date of any such notice constitutes your acceptance of the such changes.
General Terms and Conditions
- ACCOUNT SETUP
Paid services will not be setup until after we have received payment and we and/or our payment partner(s) have performed a fraud screening process. It is your responsibility to provide us with an e-mail address which does not belong to any domain(s) you are signing up under. It is your responsibility that we can communicate with you through that e-mail address. It is your responsibility to ensure the e-mail address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account without notice or refund.
- ACCEPTABLE USE AND CONTENT
You agree to comply with the Stream101 Acceptable Use Policy ("AUP"), which may be found by going to Stream101's web site at www.stream101.com, which is hereby made a part of this TOS. Stream101 reserves the right to modify the AUP at any time by posting the modified policy on its web site. You agree to monitor the Stream101 home page for any changes to the AUP. Your continued use of the Services AND/OR Products after the effective date of any changes to the AUP constitutes your manifestation of intent to be bound by such changes.
Stream101 may, at its sole discretion, immediately terminate your access to the Services AND/OR Products, or this TOS, if your conduct violates the AUP, or if any of your end users' conduct violate the AUP.
Stream101 will not actively monitor the content of the web sites being hosted by Stream101, although Stream101, at its sole discretion, may elect to electronically monitor its network and may disclose any content or records concerning your account as necessary to satisfy any law, regulation, or other governmental request or to properly operate our network and protect any of our customers. Stream101 will investigate complaints of a violation of a third party right or of the AUP. Stream101 will cooperate with those attempting to minimize Internet abuse and reserves the right to institute "filters" or other mechanisms for that purpose. Stream101 will cooperate with law enforcement authorities and will notify such authorities if it suspects that you or any of your end users are engaged in illegal activities. You acknowledge and expressly agree that Stream101 will not be liable to you or any of your end users for any action Stream101 takes to remove or restrict access to the Services AND/OR Products for any alleged violation of the AUP, or exorcising its rights as a Good Samaritan under the Telecommunications Act of 1996 or under the Digital Millennium Copyright Act of 1998. - YOUR RESPONSIBILITIES
You are responsible for making sure that we have your current and correct contact contact information on file, by logging into the Customer Support Center and updating your records as needed. As a member of Stream101 you are required to always maintain a valid e-mail address with which we can contact you regarding your service. We do not send out unsolicited e-mail or postal mail, nor do we sell our contact information to outside companies. We reserve the right to send announcements and invoices relating your e-mail hosting account to either your postal address on file and/or your Stream101 account.
- UNSOLICITED E-MAIL (SPAM) POLICY
Stream101 has a zero tolerance stance against sending of unsolicited e-mail, also known as spam. Users caught sending unsolicited e-mail (as defined by Stream101) through our servers shall be terminated immediately, and without notice. Accounts terminated for sending spam shall not qualify for any refund of paid services and may be subject to a penalty of $40 per complaint filed. Accounts terminated for sending unsolicited e-mail give up all rights to any content, files, backups, and technical support associated with the account in question hosted on any and all Stream101 servers and network.
Stream101 reserves the right to investigate accounts accused of sending unsolicited e-mails, in any way deemed necessary including suspending the account in question during the pending investigation. We reserve the right to cancel any account suspected of sending spam with or without notice. We will make available, upon request, the source of the complaint(s). We will NOT make available the actual complaint if it means giving out individual contact information of the party filing the said complaint. Unsolicited e-mail (spam) is defined by Stream101 but not limited in definition to, "E-mail sent to recipients who have not asked to be contacted by you, for the sole purpose of promoting a website, commercial or non-profit activity using your e-mail account, or other content stored on our servers."
Stream101 reserves the right to require changes, or disable as necessary, any website, service, account, database, or other component that in not in compliance with this policy, at its sole discretion. Stream101 also reserves the right to make any such modifications of customers content, scripts, or account in an emergency at our sole discretion.
- 30 DAY MONEY BACK GUARANTEE
The 30 Day Money-Back Guarantee is limited to Web Hosting services ONLY. It does not apply for streaming services. Streaming services are extremely costly to run, therefore we offer a 15 day free trial for all streaming services.
- ACCOUNT CHANGES/UPGRADES/DOWNGRADES
Stream101 requires at least 3 days prior to the invoice due date/billing date for all upgrades/downgrades to any streaming account. Our staff is unable to upgrade or downgrade a streaming package if the due date is within 3 days.
All web hosting accounts may be upgraded/downgraded at any time from the Client Area, however it is suggested that you do it at least 3 days prior to the invoice/billing date. This will help eliminate unnecessary and accidental charges that may get put in place by our automated system.
- PAYMENT INFORMATION/REFUND POLICY
The pricing for all Services AND/OR Products ("Costs") shall be Stream101's then-current pricing for such Services AND/OR Products. The initial Costs for the Services AND/OR Products selected by you shall be as provided in the initial on-line order form. All set-up fees and special programming fees are non-refundable. Costs for Services AND/OR Products are payable in advance. Failure to make payment of Costs for Services AND/OR Products when due may result in the suspension or termination of Services AND/OR Products.
At the time of registration, you must select a payment method. Stream101 reserves the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. If you do not pay all Costs when due, your account will be marked as past due. For any past due Costs, Stream101 will charge you interest at one and one-half percent (1.5%) or the highest rate allowed by applicable law, whichever is lower, per month of the unpaid amount, until the balance is paid.
You agree to pay any and all taxes, including personal property, value added, or sales taxes, resulting from your use of the Services AND/OR Products. You also agree to pay all attorney and collection fees arising from Stream101's efforts to collect any past due Costs.
If you cancel any Service prior to the expiration of the pre-paid Costs for more than one month, Stream101 will refund the pro-rata amount for that Service, not including any non-refundable Costs (such as set-up Costs and special programming Costs). Such pre-paid Costs may be returned in either the form of an "in-store credit" or via the original payment gateway (Credit Card, Paypal, Etc.), whichever is specified by the Client, you. Please note that this only applies to quarterly payment clients, and not monthly payments. Additionally, pre-paid costs can only be refunded to the original payment gateway (Credit Card, Paypal, Etc.) within a 30 day period starting on the original transaction date. After the 30 day period, all refunds can only be done in the form of an in-store credit. All refunds must be initiated by the Client. Stream101 is not responsible for contacting the Client regarding the refund.
Stream101 does not offer a refund on any streaming services. Specifically, Stream101 does not refund the current month. With that being said, the above paragraph which explains quarterly payments, can be refunded, however a one-month payment is good for the one-month period and cannot be refunded or pro-rated. Stream101 offers a 15 day free trial on all streaming services, and it is for that reason, why we cannot offer a refund.It is the responsibility of the Client, you, to monitor any and all Costs that are added to your account. If you deem a Cost incorrect, you must notify the billing department to receive an account credit. No account credit will be given past 30 days of an incorrect Cost regardless of who is at fault. Such Costs will be refunded only in the form of an "in-store credit". These Costs cannot and will not be returned via payment gateway (Credit Card, Paypal, Etc.)
Violation of our anti-spam policy and posting of illegal content on your forum will be grounds for immediate account termination. Links, Images, Attached Files, and any other content deemed offensive, illegal, pornographic or racially degrading, by Stream101 will be removed from our servers without notice. All server activity is logged. Any snooping, hacking, or other inappropriate activity of any type outside of your account, on our servers will be grounds for termination without refund.
- DATA PROTECTION
While we strive to make every effort to protect your data, this contract in no way obligates us to create, store, or provide a backup of any hosted account. Your use of any Stream101 service is at your sole risk. Stream101 is not responsible for any files and/or data residing on any of your accounts. You agree that it shall be your full responsibility for maintaining appropriate backups for all files and/or data transferred to and/or stored on Stream101 servers. We offer a backup option for an additional fee, which can be found in the Customer Support Center.
- RESOURCE UTILIZATION / FAIR USE POLICY
Stream101 places limits on the amount of certain resources such as disk space, bandwidth transfer, and e-mail/FTP accounts available to each account. To maintain our high quality of service for all customers, we place some limitations on the resources available to our hosted services.
You acknowledge that these resource allocations are optimized towards serving documents and self-need e-mail/FTP services and are not to be used as an off site storage area for electronic files, a provisioning service for third party e-mail, FTP, or other web services. All downloadable files or files stored on the server must be available for download via a HTML document stored on the Internet in a publicly or privately accessible area, and must be directly related to the general nature of the website, blog, and/or forum index.
You also acknowledge that these resources are limited by physical restraints of technology as well as by reasonable limits of a shared resource environment. By accepting service provided by Stream101 you acknowledge and understand that server technology limits the amount of available resources for use, including but not limited to disk storage space, CPU processing power, memory, and network access speed. Stream101 makes use of all available measures to utilize the latest, and most economically feasible mass server market technology available to provide our services. It is furthermore acknowledged and understood that all provided services are of a shared-server nature, and other users are sharing the provided space. Accounts may be placed on a server containing several hundred other users. Stream101, along with thousands of other hosting service providers use this business model in order to offer web hosting services while maintaining affordable rates.
Some examples of resource availability limits include:
- The use of 20% or more of system resources for longer than 120 seconds. Resources include activities that could cause such problems such as CGI scripts, PHP Scripts, FTP, PHP, HTTP, etc.
- Any stand-alone, unattended server-side processes including but not limited to any and all daemons (i.e IRC'd, chat servers)
- Any type of spider, indexer, or crawler (i.e. Mnogosearch, Google Cash, AdSpy).
- Any software and/or scripts that interface with any IRC network.
- Any bit torrent application, tracker, or client. For legal content you may link to torrents located outside of your account, but may not host and/or store them.
- Participate in any file-sharing, peer-to-peer, or other related activities.
- Any gaming servers (i.e. Counter-Strike, Half-Life, Battlefield 1942, etc.).
- Cron jobs with intervals of less than 15 minutes, cron jobs running for more than 5 minutes, and more than 20 total cron entries per account, per day
- PHP scripts that use the include() function to load PHP scripts by URL (i.e. include("http://yourdomain.com/include.php") instead of include("include.php")).
- PRE-INSTALLED SCRIPTS (CPANEL/FANTASTICO/SOFTACULOUS)
Stream101 provides easy installation of many third party scripts/programs from within cPanel and Softaculous for paid hosting packages. These are all third-party software packages written by other companies and therefore are not supported by Stream101. Such programs include but are not limited to: OSCommerce, 4Images Gallery, forum scripts, blog programs and all others available in cPanel, and/or Softaculous. If you choose to install any of these scripts onto your web space you do so at your own discretion and at your own risk: Stream101 will not be liable for damages resulting from improper scripting of/in a program; lost, overwritten, or damaged databases; or any other problems on your web space resulting from installation of these scripts. Since we did not write the programs we DO NOT and cannot provide support for the actual operation and/or customization of these programs; we can only ensure that they are installed on the server and that the server itself is running properly. Most of these programs require some extra effort to customize the look for logos, colors, etc. Stream101 does NOT provide this customization. We do provide links to each program's home page and/or support forums at installation time so you can seek assistance from the script's programmers to do your customizations. If you choose to install or use any of these scripts, you accept responsibility for checking in frequently and regularly at the script's homepage and/or website to ensure that you have the latest patched version of that script, even if the initial installation was done via cPanel or Softaculous. If a patch is available for any script in your website, especially as pertains to a security update, YOU are responsible for updating your script immediately according to the programmers' instructions, regardless of whether the new patch is yet available via Softaculous or cPanel. As to the actual running of the programs, although most of these programs/scripts are stable and run smoothly if used "out of the box" as installed from cPanel or Softaculous, occasionally there may be problems especially if the script's programmers have recently released an update. If you run into a question or problem after installing any of these scripts and we determine that the problem is coming from within the script itself and is not a server issue, we will close the support ticket and advise you that you should contact the script's programmer/s directly and/or visit the script's support forums.
- NO WARRANTY
This service is provided "as-is", with any and all faults, and as availability permits. We do not guarantee the accuracy or timeliness of information available from the service. Stream101 gives no written or expressed warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.
- RIGHT OF REFUSAL / RIGHT OF REMOVAL
We reserve the right to refuse service to anyone, at any time, for any reason. Any material that we in our sole judgment determine to be obscene, threatening, and/or illegal will be removed from our servers with or without notice depending on the severity of the violation. Failure to respond to an abuse notification e-mail from our abuse department within 24 hours may result in the suspension or termination of your services. All abuse issues relating to your account must be resolved to our satisfaction within 48 hours from the initial notification.
- AMENDMENTS
This Terms of Service/Acceptable Use Policy may be amended, at any time, at the discretion of Stream101 without notice. All accounts are required to comply with any changes made to these policies. Notification of any major changes to the policies will be posted in the announcements section of the Customer Support Center, but remain your responsibility to keep up to date.
- DISCLAIMER
Stream101 shall not be responsible for any damages of any kind that your business may suffer as a result of using any services provided. Stream101 makes no warranties of any kind, expressed or implied for any of the services we provide. Stream101 disclaims any warranty and/or merchantability or fitness for a particular purpose. This includes but is not limited to loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Stream101, its employees and assigns.
- DISCLOSURE
Stream101 may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. Stream101 is a law-abiding company; we will cooperate fully with law enforcement agencies upon request.
- MINORS
Stream101 does not provide services to minors without permission. If you are under 18 years old, you may use our services only with involvement of a parent or guardian.
- Notices Electronic Communications
All notices permitted or required under this TOS may be sent by e-mail, fax, express mail, mail, or registered mail to the e-mail address, fax number, or physical address most recently provided and will be effective upon transmission. Evidence of successful transmission shall be retained. Each of us may communicate with the other by electronic means as described in this TOS.
Media Hosting Terms and Conditions
- LICENSING
Stream101 does not pay any royalty fees to artists. This is the responsibility of the said radio station/station owner to register at a respectable website such as streamlicensing.com or loudcity.net. We accept NO responsibility for royalty payments and will fully cooperate with all authorities that request reimbursement of royalties.
- AUTO-DJ
Stream101 offers an Auto-DJ service. Support is also offered on this. Certain parts of Auto-DJ have requirements that you must fulfill. Failure to do so may cause an additional charge when requesting support. Documentation is available for no additional charge in the downloads section.
- FREE TRIAL
Stream101 will only offer a free trial to customers for the service of SHOUTcast or ICEcast Streaming only. Limit one (1) free trial per customer. All trial customers MUST agree to these terms of service before proceeding with their trial. The trial must request a trial prior to a purchase. Existing customers are not eligible for a trial.
Last Updated: July 15, 2011
