This Terms of Service Agreement (this “Agreement”) is between Stream101 (“Stream101”) and the person (individual or legal person) whose signs the Stream101 service order and set up form (the “Order”) incorporating this Agreement by reference (“Client”). This Agreement governs Client’s use of Stream101’s services.
Subject to the terms of this Agreement and based upon the Client’s satisfaction of Stream101’s approval requirements, Stream101 agrees to provide the services described in the Order for the fees stated in the Order.
The service term of the Agreement shall begin on the date that Stream101 generates and e-mail announcing the activation of the Client’s account (the “Activation Date”) and shall continue for the number of months stated in the Order (the “Initial Term”). At the end of the Initial Term, the Agreement will automatically renew for the same length as the Initial Term unless Stream101 or the Client provides the other with written notice of non-renewal. The notice of non-renewal is to be done via the Client Portal on the Stream101 website. The service term contract is binding to the primary account Client found on the original Order.
The Customer agrees to provide Stream101 accurate contact information for the sole purpose of establishing and maintaining service. The Client also agrees that he/she is at least 18 years of age, or the primary account holder is at least 18 years of age. Stream101 must use the contact information of the primary accountholder on the original Order unless the Client provides the appropriate written notice requesting the change of the primary account holder.
The Client agrees to use Stream101’s provided services in compliance with any Federal, State, or Local Laws and Stream101’s Acceptable Use Policy. The Client agrees that Stream101 may, with reasonable commercial judgement, modify the AUP to further detail certain policies or laws that may become placed in effect. All AUP modifications are effective immediately, unless otherwise noted. The AUP is found here.
All service rates are taken in advanced up to 3 days prior to the billing cycle. The Client’s billing cycle shall be followed as defined upon the original Order beginning on the Activation Date. If the original Order indicated a payment method of credit/debit card billing, the Client authorizes Stream101 to automatically charge the card on file unless otherwise requested. Invoice fees may be authorized for payment up to 3 day prior to the billing cycle. All payments are to be made in United States Dollars (USD). Stream101 may suspend any overdue service without notice. The Client agrees to maintain proper payment information including the Billing Address and/or Credit Card Expiration Date. Stream101 does not charge a reinstatement fee for suspended services. The Client also agrees to pay any reasonable cost of collection for overdue accounts including attorney fees, collection agency fees, court costs, and any other fees endured during the collection.
In accordance with our Terms of Service, late fees may be assessed for any invoices overdue by 10 or more days. These fees will be assessed at 1.5% or $5.00, whichever is greater. Additionally, customers are responsible for all late charges before they will be able to purchase additional or new services.
Stream101 may change the rate for any service at any time deemed necessary by Stream101. Stream101 will not make rate changes effective towards any current package, thus locking the Client into their rate. Should the rate increase, the Client will not pay an increased cost. Should the rate decrease, the Client must request a rate decrease to receive the new rate within 30 days of the new package rate.
The Client agrees to the Refund Policy put in place by Stream101. Refund information can be found on the Refund Policy page. All Refund Policy changes are effective immediately unless otherwise noted.
The Client agrees to the Service Level Agreement put in place by Stream101. SLA information can be found on the Service Level Agreement page.
The Client agrees to indemnify and hold harmless Stream101, Stream101’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Client’s services in violation of applicable law or the AUP by the Client or any person using the Client’s log on information, regardless of whether such person has been authorized to use the services by Customer.
Limit of Damages
Neither Stream101 nor the Client shall be liable to the other for any lost profits, direct or indirect. The maximum liability of Stream101, should there be no violations of this Terms of Service, be a total of 2 months of service. Payment shall be in the form of a credit towards the Client’s account and not be redeemable for cash value.
Service Termination & Suspension
The Client agrees that Stream101 may suspend the services without notice and liability if any of the following apply. (i) The Client does not cooperate with any investigation of violation of the AUP. (ii) Stream101 believes that the services offered are being used in direct violation of the AUP. (iii) Stream101 believes that suspension is needed in order to ensure the operation of its network is efficient. (iv) If the suspension is required by a law enforcement agency. (v) Stream101 has not received payment for services 10 days past the due date.
The Agreement of services may be terminated by the Client prior to the Initial Term or the renewing term if Stream101 fails to provide the proper service within 10 days from the Client describing the issue in detail. The Agreement may also be terminated by Stream101 prior to the Initial Term or the renewing term if any of the following apply. (i) Payment is overdue by 30 days. (ii) the Client violates any portion of this Terms of Service. (iii) if the Client does not respond to reasonable requests of Stream101 to rectify any issue.
The Client agrees to maintain an up to date copy of all content that is hosted by Stream101. Stream101 is not liable for content that is lost or damaged. Stream101 will do its best to maintain at least one copy of content backups, however it is on a per case basis unless extra backup services are purchased by the Client.
Stream101 will monitor all Client’s system resources. Stream101 holds the right to take corrective action if a Client’s usage may negatively impact any other Client. Stream101 does not authorize the use of our services as a backup facility. Please contact us regarding this for more information.
All websites and content hosted on Stream101 servers are property of their respective copyright holder. Stream101 will not use content hosted on its servers without written consent of the Client. Stream101 does not maintain domain name ownership for any clients unless a special case is defined. All IP Addresses are property of Stream101 and will not be transferred upon leaving Stream101.
Stream101 provides support to its Clients. Stream101 does not provide support for specific applications. Please consult the application developer for compatibility and troubleshooting information.
Last Modified: 07/10/2014