Terms of Service
By using our services you agree to the following terms of service, please read them carefully. User shall be known as “Customer” in this agreement. Broadcast Matrix LLC, a Washington State Limited Liability Company shall be known as “Service Provider”. Customer is responsible for any users of their account and agree to that they will also fully comply with these Terms of Service.
The Term/Length of this Agreement shall be in accordance to the Service Plan chosen by Customer and from the Effective Date of Service unless otherwise agreed to in writing. Service will not begin on new accounts until initial payment has been received and cleared Service Provider billing.
PAYMENTS AND LATE FEES
Customer shall pay Service Provider recurring fees, in U.S. Dollars according to the terms of the Service Provider Plan order form chosen by Customer. Amounts not received when due shall draw interest at the rate of twenty percent (20%) per annum or the maximum rate permitted by applicable law, whichever is less. Additionally, Customer shall be liable for all costs and expenses incurred by Service Provider to collect past due amounts, including, without limitation, reasonable attorneys’ fees and court costs, and the hourly charge of any Service Provider staff needed for collection activities. If the Customer’s credit card is declined, Customer agrees to contact Service Provider within 24 hours of declined card and/or late notification from Service Provider. If Customer does not respond within 72 hours their account will be suspended and late charges begin to be accrued. If payment is not made within 7 days Customer’s account will be terminated. If Customer requests manual modification of subscriptions or payment schedules Service Provider shall not be responsible for late fees or any other charges incurred by Customer financial sources including credit or debit cards used to make payments to Service Provider.
Refunds that may be due to Customer will be in the same form as the payment. If a credit or debit card payment, the refund will be given against the same card number. If a check, a check will be sent. If a PayPal payment, the refund will go to the same PayPal email.
For services beyond the scope of these terms of service a custom written Service Provider Agreement may accompany these Terms of Service. If such document accompanies these Terms of Service, the terms of the written custom Service Provider Agreement shall override any inconsistencies or contradictory Terms and Conditions that may arise between the two agreements.
Customer may not exceed data transfer or stream bitrate within the Service Provider plan they have ordered. Abuse of data transfer or bitrate limits may result in suspension or termination of service. Web hosting data transfer may not be applied to or used for stream hosting services or vise versa. Unused transfer will not be carried over to the next month.
Service Provider makes ongoing backups of our servers for internal emergency restoration purposes only. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. It is the Customer’s sole responsibility to maintain local copies of their own web accounts, streaming data, sound files etc., in the event of irreparable data loss.
Customer agrees to take sole responsibility their own content. Service Provider is not liable for any action taken against Customer as a result of their content. Service Provider may review content to determine whether it is illegal or violates its policies and may remove or refuse to display content that Service Provider reasonably believes violates its policies or the law. But that does not necessarily mean that Service Provider reviews content. Service Provider responds to notices of alleged copyright infringement and may terminate accounts of repeat infringement according to the process set out in the U.S. Digital Millennium Copyright Act.
Customer agrees to not misuse Service Provider services. For example, Customer agrees not to try to access Service Provider technologies using any method other than the general publicly available interface and methods Service Provider provides. Customer may not repackage, re-brand or resell Service Provider services without written permission from Service Provider. Customer agrees to use Service Providers Services only as permitted by law, including applicable export and re-export control laws and regulations.
RESOURCE USAGE AND SECURITY
Customer may not:
1) Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
2) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
3) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
4) Run any software that interfaces with an IRC (Internet Relay Chat) network.
5) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
6) Participate in any file-sharing/peer-to-peer activities
7) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc.
8) Run cron entries with intervals of less than 15 minutes.
9) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
10) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)
11) To help reduce usage, do not force html to handle server-side code (like php and shtml).
12) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
13) Customer is responsible for keeping passwords updated regularly and strong enough to not be hacked. Any MySQL databases or other components within hosted accounts must have separate passwords and may not use the root password of the account.
14) In an effort to maintain the highest security for Customer the Service Provider maintains a number of security measures including protective firewalls. Customer must provide IP address for Service Provider to add to its network safe list, aka whitelist in order to prevent accidental triggering and blocking of incoming Customer streams or FTP connectivity to Service Provider networks. If Customer is planning to stream, upload or manage content from various locations or has a dynamic local IP address that changes regularly it is the responsibility of the Customer to contact Service Provider in advance in writing via a support ticket for our engineers to whitelist the dynamic or temporary IP address(s) if and when they change to prevent them from accidental blocking by network firewalls or security systems.
Using Service Provider Services does not give Customer ownership, nor does it imply ownership to or of any rights to Service Provider services including intellectual property rights of Service Provider systems, software or content. You may not remove, obscure, or alter any URL or legal notices displayed in or along with Service Provider services. Service provider technologies may not be reverse engineered, modified, transferred, duplicated or resold. Service Provider retains all ownership and rights to its intellectual property, software and apps.
Customer understands and agrees that Service Provider retains all ownership and rights to any software developed or modified for its use including but not limited to the source code and all related components unless otherwise agreed to in writing. Service Provider apps may only be used with Service Provider streaming services and developer accounts. Service Provider does not provide refunds or returns for software customization work. Service Provider is not responsible for and will not be held liable in any way for interruption of mobile service, dysfunctional apps, app rejection by Apple or Google, removal from store(s) or any other problems related to actions of the Service Providers third party developer accounts or app stores wherein the apps are hosted, delivered or sold. These third party providers include but are not limited to Apple or Google Play. Customer understands that apps hosted on Service Providers’ iOS and Google Android accounts (or any others) are done so as a courtesy of Service Provider. If Google or Apple suspends or terminates Service Provider account(s) or apps for policy violations (which they change regularly) or any other reason, Customer agrees to indemnify and hold harmless Service Provider for any losses of app functionality or any other resulting damages. Typical turnaround on app customization is less than 30 days and will vary depending on approval time from Apple, Google or other app stores. App maintenance is not included and may require additional fees, please contact Service Provider for details.
Service Provider has a zero tolerance policy for Spam. Spam is defined as mail sent to a large groups or recipients that did not request it. Spam can result in blacklisting of Customer domain or Service Provider server IP addresses. Any accounts found to be involved in spamming or bulk e-mailing will be suspended or terminated without refund and the Customer will be liable for all costs involved to recover any damages to Service Provider.
THIRD PARTY PRODUCTS
Third party software and products marketed or sold by Service Provider are licensed and supported by the manufacturers of those third party products or services. Service Provider does not provide technical support, refunds or warranties for any third party products sold through our website. Third party widget installation, functionality or any other aspects of third party products are not supported by Service Provider. Additionally while our streams may be compatible with third party services such as Tune-In Radio, Shoutcast or iTunes, Service Provider accepts no responsibility with regard to how Customer’s stream is delivered through those services. Service Provider does not make any representations or warranties regarding any third party products or services and is not liable for the quality, availability, or timeliness of goods or services provided by any third party provider. Customer undertakes all transactions with said providers at their own risk. We do not warrant the accuracy or completeness of any information regarding third party providers.
Customer grants Service Provider a nonexclusive right to use Customer trademarks, service marks, trade names and logos for use in connection with Service Providers marketing or for demonstration of the Services.
It is Customer responsibility to ensure that scripts or programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. Customer is ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password.
Customer is solely responsible for any or all licensing as needed when using Service Provider services. This includes but is not limited to content streamed through Service Provider’s network. For example Customer is responsible for any applicable license fees as may be necessary with agencies such as ASCAP, BMI, SESAC, SOCAN or SOUND EXCHANGE, etc. Reporting and paying for any royalties or other types of licensing are the sole responsibility of Customer. Service Provider does not provide licensing or legal advice regarding licensing.
CONSULTATION AND SUPPORT
Service Provider technical support is differentiated from Consultation in that technical support has to do with things like initial Customer setup, server outages, connectivity issues or basic service questions related to Service Provider technical functionality. Initial technical support for new account setup includes up to one (1) hour of telephone support. Customer may be billed for additional time if it is determined by Service Provider that service requested exceeds basic service support. Service Provider consultation is considered any advice or information given for any other subject matters such as studio setup or configuration, programming, sales, marketing, development, strategic or creative advice etc. Consultation will be billed by Service Provider on an hourly or retainer basis depending on the Consultant retained and their then prevailing rates. Live phone support is available during regular business hours 8AM-6PM Pacific Time. Ticket support is available 24/7 with most tickets answered within 30 minutes and in rare cases longer. Emergency support is available 24/7 by telephone, if it turns out to not be an emergency service fees may be added to Customer’s account. Emergencies mean a server outage or problem on Service Provider network that needs immediate attention. Any Consultation given by Service Provider should NOT be construed as legal advice.
Customer agrees to not store, stream or host adult material of any kind on Service Provider servers or network. Doing so will result in termination of Customer account without refund.
INDEMNIFICATION AND LIMITATION OF LIABILITY
Service Provider will not be held liable for any injury, loss of business, loss of property, loss of data, service outages or other mishaps caused by the use of Service Provider’s services. This includes any errors, damage or data loss associated with remote access of clients computers or devices accessed by Service Provider. Service Provider 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. Customer agrees to indemnify and hold harmless Service Provider and its affiliates and their respective directors, officers, employees, agents or other representatives from and against all claims, liability and expenses, including all legal fees. Service Provider is hereby waived of any legal obligation pertaining to the use of its services. This provision shall survive the termination of Customer’s use of Service Provider services.
CANCELLATION AND TERMINATION
If Customer wishes to cancel their account(s) notice must be made within at least 30 business days in writing unless these cancellation terms are overridden by a separate agreement in writing. Customer must have all account information in order to authorize account cancellation and understands and agrees that all payments to Service Provider are non-refundable. If Customer has ordered a mobile application (mobile app) from Service Provider a separate software development agreement must be signed by Customer for mobile apps or custom software development by Service Provider. Customer must recieve an e-mail confirmation of cancellation request from Service Provider to avoid unrefundable recurring charges. Once the Customer account is cancelled all data associated with that account shall be permanently deleted. Service Provider reserves the right to suspend or terminate service at its discretion.
All claims, disputes or controversies that may arise will be referred to and determined by binding arbitration governed by the Federal Arbitration Act and administered by the American Arbitration Association under its rules for the resolution of consumer-related disputes, or under other mutually agreed procedures.
ABOUT THESE TERMS
Service Providers website, service details, pricing and product offerings are subject to change without notice. Service Provider reserves the right to make changes to these Terms of Service. It is Customer’s sole responsibility to check this document for updates on a regular basis. Questions about these Terms of Service or other legal correspondence may be directed to:
Broadcast Matrix LLC
325 Washington Avenue S. #399
Kent, Washington 98032-5706
Updated March 22, 2018
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