If a ReliaStream account is used to violate the Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. If a ReliaStream client is abusive or his/ her conduct comes into question we reserve the right to terminate and or ban that client from our network. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, certain violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.
ReliaStream internet services may not be used for illegal purposes, or in support of illegal activities. ReliaStream reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
ReliaStream offers a 99% uptime guarantee. 1% equals out to 4 days or 96 hours per year. In most cases our servers go beyond the 99% uptime guarantee. We do our very best to keep our servers running 24/7.
1. Broadcast Bitrate - Overstreaming
Utilizing a higher bitrate than shown on your account details. Most member services operate in a shared environment where bandwidth is provisioned very carefully, so abusing your bitrate will result in constant server stopages. If overstreaming continues after being warned this will result in server termination. It is your responsibility to maintain proper control over the broadcast bitrate. Shoutcast audio-only streams must be between 8kbps and the bitrate reflected on Subscriber's account. Our dedicated server software will not allow overstreaming. If you stream at a higher bitrate then your paying for your account will be automatically shut off. You will have to log into your Centova Cast panel and press start. This will continue over and over until you adjust your kbps rate. This will result in downtime for your station(s).
2. Content
Client agrees to take sole responsibility for all content, including audio streaming, web pages, and any other service that is utilized. ReliaStream is not liable for any action taken against a client as a result of their stream content or web content. This also applies to managed accounts. The account holder is still 100% liable for the content on his/ her server. Managed accounts are only modified, tweaked, and maintained by ReliaStream. The media played on a managed account is uploaded by the account holder not ReliaStream.
3. Content Restrictions
ReliaStream will not actively monitor the content of client's broadcasts, streaming apps, or other ReliaStream products. Client will not, however, use server resources for any illegal activity, including the sharing of copyrighted programs as well as slanderous material. Client will not run any program that is specifically designed to bog down server resources. In the event there is a violation ReliaStream reserves the right to suspend or terminate the account.
4. Licenses
Client is solely responsible for any applicable license fees for their service(s). ReliaStream does not award free licensing to clients, such as ASCAP, BMI, SESAC, RIAA, SIAE, GEMA or CARP. Please visit your local license agency for more information and rates.
5. Liability
ReliaStream will not be held liable for any injury, loss of business, loss of property, loss of data, or other mishap caused by the use provider's services or provider error. ReliaStream 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 perform weekly incremental back-ups; however, ReliaStream shall not be liable for any indirect, incidental or consequential damages sustained or incurred in connection with lost data. ReliaStream is hereby waived of any legal obligation pertaining to the use of our service.
6. Server Relocating & Server Upgrades
On very rare occasions ReliaStream may need to relocate your account to a new or different server. This could be due to a severe server related issue, downsizing, replacing an old server, or lack of clients on any given server. Please note a server relocation/ upgrade will change an ip address and port. ReliaStream will do it's best to give at least 30 days notice. In the event of a severe server issue we will give notice and advise clients on what actions will be taking place. Clients will receive one free month of service in the event a relocate is required. ReliaStream takes every step to avoid server relocations but they do occur when it's needed.
7. Privacy
ReliaStream will not release any personal information about our clients, unless permission is expressly granted. Some information may be made public, if client chooses to list their content on our site for promotional purposes.
8. Spam
Client will not use our resources to transmit bulk or spam Email. This is defined as mail sent to a large group of recipients who did not expressly request to be sent the mail.
9. Payment
Payment for services will be collected before an account is created. Payment for subsequent months will be charged every thirty (30) days, defined as the day of the month that the client has signed up for our services, unless the client is told otherwise. We accept PayPal and credit card payments through PayPal PRO Services as forms of payment at ReliaStream. Note 1: PayPal e-check payments are also accepted but are not considered to be paid in full until the check clears. If you plan on making a PayPal e-check payment be sure to make this payment early (5-7 days before due date). This will allow time for the e-check to clear. Radio accounts maybe suspended if the e-check payment is not cleared before cut off date. Clients making their initial payment with an e-check will also have to wait for the check to clear before they are able to gain access to their radio account. We highly suggest making instant payments via PayPal if you are able to. Credit card payments require strict guidelines. ALL of your information must match or the credit card payment will be declined. If you are unable to get an approval we suggest using PayPal.
10. Over Payments
From time to time we run across members who set up to many subscriptions through payment gateways. ReliaStream asks that you make sure you only have one subscription set up for each of your radio account(s). If you have multiple items with different due dates it is normal to have more then one subscription. If you have more then one subscription set up for the same item and double payments are being made ReliaStream will place a credit in your ReliaStream credit account. No refunds are given for over payments and these funds are placed in your ReliaStream credit account for future service. Please be sure you only set up ONE payment for each plan or item. ReliaStream does not have access to your payment gateway (ex PayPal). We do not have the ability to take payments from our members.. You send us payments! This means we can not start or stop a subscription (automatic payments). It is up to you to log into your payment account, view your subscriptions, and make sure you have one subscription for each ReliaStream item (if needed).
11. Refund Policy
Once service has been established, payment will not be refunded for any reason. We do not prorate service(s). When you purchase a month.. you get a month of service. If you purchase 3, 6, or 12 months you get 3, 6, or 12 months of service. If you decide to cancel service you have the option to choose Immediate or End of Billing Period. We suggest you select End of Billing Period. If you choose Immediate your server will be removed within 24 hours. No refunds are given if you choose to cancel with the Immediate option. However, should there be a degradation in quality of service and/or severe outage, ReliaStream reserves the right to offer the client ReliaStream credit towards future service. Remaining ReliaStream credit is not refundable and will remain ReliaStream credit for future service purchases. Members may use the Add Funds option to load their ReliaStream account with reserve funds. Once an Add Funds invoice is paid those funds are converted to ReliaStream credit and those credits are non-refundable. Server upgrades are not considered a degradation in service and are required one or two times a year. Dedicated servers also fall under the no refund policy. Once a dedicated server has been ordered your service is then active and no refunds will be given. If your service is canceled due to abuse there are no refunds or partial refunds given.
12. Price Lock
Once service has been established, your ReliaStream rate(s) are locked. This means the original price you purchased your item(s) or plan(s) is the price you pay during your term. If we raise our rates your rate(s) will not change. If we lower our rates your rate(s) will not change. Your monthly plan is locked and the cost is based on what you originally paid and agreed on. You are permitted to close your account and set up a new account in the event you would like to take advantage of a ReliaStream sale or change in rates. You would receive a new server with new server details. ReliaStream will make changes to an account if it's considered an upgrade. Upgrades are accounts with a higher term cost(s).
13. Dedicated Servers
Once an order has been placed, payment will not be refunded for any reason. We do not prorate service(s). When you purchase a month.. you get a month of service. Dedicated servers are set up to your specifications. Once the server options have been selected and preloaded into the server they can only be changed with additional upgrade/ downgrade fees. These fees vary based on the work and time needed to complete the upgrade/ downgrade. If this upgrade/ downgrade requires downtime of your server this will not extend your payment due date. If our provider terminates service there are no refunds. Provider has the right to alter or make changes to rates and or services. ReliaStream is a reseller not a server provider. Be sure to view our Server Usage (AUP) web page before placing an order. Purchasing any dedicated server from ReliaStream automatically binds you to any and all terms of our provider.
14. Dedicated Radio Servers
The same terms apply to ReliaStream's dedicated radio servers. In addition to the above terms are several other terms. Once a dedicated radio server is completed, tested, and handed over to the client ReliaStream offers support for the server and Centova software. We do not offer technical support for your radio clients. If you require technical support for radio clients be sure to contact the Centova support team by visiting www.centova.com. Centova Cast version upgrades are not free. You may choose to have Centova or ReliaStream upgrade your version of Centova Cast when possible. Radio servers do not come with Centova Cast software. You must purchase Centova Cast and we will install Centova Cast for you.
15. Responsive Radio Player
The responsive radio player is for ReliaStream clients who have an active streaming radio account with us. This is basically a leased item and only for active ReliaStream broadcasters. If you cancel your streaming service you lose this player. Non ReliaStream broadcasters will be denied if an attempt is made to purchase this item. A partial refund will be given to new non broadcast clients who attempt to purchase this item. We will subtract the processing fees and the remaining balance will be refunded. ReliaStream clients who cancel their radio streaming service with us will forfeit their player and any set up fees paid to create their player. Once the player is created there are no refunds. This is per the agreement we have with the designer of the responsive radio player.
16. ReliaStream Mobile Apps
Our mobile apps are now geared towards a you build your app process. You have the ability to submit to Apple, Android, and Amazon for the same monthly rate. If you choose to submit to Apple they now require you to have your own developers license. Be sure to have your Apple developers license when needed. Once you place an order you will receive details to log into your app building control panel within 24 hours. You will enter your radio station details, links, and other information needed to build your own app. You will also need to supply high quality station logo's and other images. ReliaStream does not guarantee your app will be approved by Apple, Android, or Amazon. These companies have an approval process that your app(s) must go through. This process can take up to 14 days. Members who would rather the ReliaStream app team build their app will still need to supply our team with your station details and images. There is a one time $49 setup fee if you prefer we build your app. Once an order is placed the process is started. Sorry no refunds for mobile apps. Your monthly rate starts the day you place the order not the day your app is listed and live.
17. Roku, FireTV, & Other TV Apps
Roku, FireTV, Samsung, Apple TV, Vidaa, and other tv apps are geared towards a you build your app process. Once you place an order you will receive details to log into your app building control panel (typically within 24-48 hours). You will enter your radio station details, links, and other information needed to build your own app. You will also need to supply high quality station logo's and other images. ReliaStream does not guarantee your app will be approved by these companies. If there is an issue we will help you get it resolved. Members who would rather the ReliaStream App Team build their app will still need to supply our team with your station details and images. There is a one time $49 setup fee if you prefer we build your app. Once an order is placed the process is started. Sorry no refunds for TV apps. Your monthly rate starts the day you place the order not the day your app is listed and live.
18. Domain Names
When you purchase a domain name it is very important that the information you submit is 100% correct. Once you submit the order there is no changing it. Be sure your domain name has the correct spelling, correct extension (.com, .net, ect), and all other information is correct. We can not make changes after the domain is ordered. If you make a mistake you will have to purchase the domain name again (with the correct information). There are no refunds or exchanges with this product. Domain service by Enom.
19. Specials & Sales
ReliaStream offers specials and or a sales from time to time. These specials and sales are for new purchases only. We will not alter any current radio plan or item. Current clients may purchase any of our sale items at any time but this is treated as a new account and you will be required to move any and all media, change any and all tune in links, change iTunes, iPhone, Android, and other links at your expense. ReliaStream can change links for you for an additional fee. Fee varies and is based on how many re-submissions are required.
20. Account Upgrads & Downgrades
ReliaStream clients may request upgrades or downgrades at any time. Keep in mind some of these upgrades and downgrades may change tune in links, server ip's, phone app links, iTunes radio links,ect. ReliaStream does not cover these changes and you will be required to make those changes. In some cases you may be required to purchase an upgrade service or re-submit service from us. ReliaStream phone app changes will require such service. Once a phone app is submitted to Apple or Android any changes are considered upgrades. If you change your service or move to another server your phone app will require changes to be made. These types of changes are not free. If we need to switch your radio account to another server we only switch the radio account. If you have media on the old account you will be required to upload that media to your new server. ReliaStream does provide a 5 day overlap period between radio accounts.
21. Cancellations & Automatic Payments
You are able to cancel your service(s) at any time. Service will remain active until the end of your billing cycle. You may also choose to cancel your service(s) immediately. If you choose to cancel your service immediately the item will be cancelled within 24 hours. If you have set up automatic payments with PayPal or other processor you will need to log into your PayPal or other processor account and stop those automatic payments. We do not control this process so it is up to you to stop all automatic payments. You must cancel any and all automatic payments or your payment system will continue to make these payments. In the event you choose to ignore this advice we will place these funds in a credit and you can use them for future services at ReliaStream. No refunds are given so please take those few minutes, log into your payment site (PayPal or other processor) and cancel the automatic payments. For security reasons, you will be required to log into your ReliaStream member account and cancel services you no longer wish to continue. Asking our team to cancel services via email will not be accepted.
22. Multiple Automated Subscriptions
ReliaStream offers no refunds for members that set up 2 or more payment subscriptions for the same account. We do not have the ability to log into your PayPal account to stop or start your automated payments (subscriptions). It is up to the member to monitor and maintain their automated payments (subscriptions). In the event a member sets up more then one automated payment the extra payment will be placed in their ReliaStream credit account. These funds can be used for future service(s) at ReliaStream and are not refunded for any reason. We ask that you monitor and maintain your PayPal subscriptions to avoid this from happening. We also suggest members set up their automated payments on the day before or the same day their payment is due. Do not press the "Subscribe" button every time you go to make a payment. This is how multiple subscription payments are accidentally set up.
23. Server Audits
Every 2-3 months ReliaStream will perform audits on all our servers. Any account that is not attached to a client will be suspended or terminated. This is a rare issue but it does happen. Any client found using our servers without making the proper payments may be terminated and banned from using any ReliaStream service. If an unknown account is suspended and the non paying member wishes to get their server back there is a one time $49 penalty fee. Once this fee is paid in full the server will be placed on your account and normal payments will resume. If you choose to open a new server you will not be given the same ip and port # from the previous non paying account. There are no exceptions and no fee waivers when it comes to non paying members.
24. Payment Reversals
Payment reversals or credit card chargebacks will result in an automatic termination of your service at ReliaStream. Our members must agree on our terms of service before purchasing our products. If this agreement is broken we will terminate services immediately and ban your ip for breaking this agreement.
25. Amendments
ReliaStream reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. It is the responsibility of subscriber to periodically check this AUP for such changes in accordance with our TOS (Terms of Service).
This terms of service is effective from 1st August 2008
More Information:
As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us.
