This agreement is between KWD Services, Inc., and subscribers to our and
streaming media packages or shoutcast server, herein referred to as client.
This agreement is affective for any period during which the client is a
subscriber of any service offered by KWD Services, Inc.
If a KWD Services, Inc. account is used to violate the Acceptable Use
Policy or our TOS, we reserve the right to terminate your service without
notice. 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.
KWD Services, Inc. may not be used for illegal purposes, or in support
of illegal activities. KWD Services, Inc. reserves the right to cooperate
with legal authorities and/or injured third parties in the investigation of
any suspected crime or civil wrongdoing. The Client agrees that for
purposes of venue, this agreement was entered into in Prince William County,
Virginia, and any dispute will be litigated in Prince William County,
Virginia, and the Client hereby consents to the personal jurisdiction of the
Virginia State Courts.
1. Broadcast Bitrate - Overstreaming
Utilizing a higher bitrate than shown on your account details. Shoutcast
operate in a shared environment where bandwidth is provisioned very
carefully, so abusing your bitrate will almost always result in the account
being suspended for 15 days as well as being fined a fee no more than $80
and no less than $35. It is your responsibility to maintain proper control
over the broadcast bitrate. Shoutcast streams must be between 8kbps and the
bitrate reflected on Subscriber's account.
2. Content
Client agrees to take sole responsibility for all content, including audio
streaming, web pages, and any other service that is utilized. KWD Services,
Inc. is not liable for any action taken against a client as a result of
their stream content or web content.
3. Content Restrictions
KWD Services, Inc. will not actively monitor the content of client's
broadcasts or website. 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.
4. Licenses
Client is solely responsible for any applicable license fees for their
location. KWD Services, Inc. does not award free licensing to clients, such
as ASCAP, BMI, SESAC, RIAA, SIAE, GEMA or CARP.
5. Liability
KWD Services, Inc. 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. KWD Services, Inc. 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 full monthly and weekly incremental back-ups; however, KWD
Services, Inc. shall not be liable for any indirect, incidental or
consequential damages sustained or incurred in connection with lost data.
KWD Services, Inc. is hereby waived of any legal obligation pertaining to
the use of our service.
6. Privacy
KWD Services, Inc. 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.
7. Payment
Payment for services will be collected before an account is created.
Payment for subsequent months will be charged on the clients anniversary
date, defined as the day of the month that they signed up for service,
unless client is told otherwise. If payments that are not recieved by the
due date, the service will be inturrupted on accounts that reach 5 days
after past due. Service interrupted for non-payment is subject to a $10
reconnect charge. If the to cancel your account, follow the proper procedure
outlined in this agreement.
8. Failure to Pay
KWD Services, Inc. reserves the right to temporairly deny service or
terminate this agreement upon the failure to pay chrages when due.
9. Refund Policy
Once service has been established, payment will not be refunded for any
reason. However, should there be a degradation in quality of service and/or
severe outage, KWD Services, Inc. reserves the right to offer the client a
partial or full refund, and in extreme cases financial compensation in the
form of credit on the clients account.
10. Cancellation
Requests for cancelling accounts may be made by sending an email to
contact@kwdservices.com with at least 7 days notice. Client must have all
account information in order to be able to cancel the account. Client also
understands and agrees by this TOS that all payments to KWD Services, Inc.
are non-refundable.
11. Legal Notice
Notwithstanding anything to the contrary contained in this contract,
neither KWD Services, Inc. nor any of its employees or agents, warrant that
the functions contained in the streaming audio server will be uninterrupted
or error-free. The entire risk as to the quality and performance of the
streaming audio server is with the client. In no event will KWD Services,
Inc. be liable to the Client or any third party for any damages, including,
but not limited to, service interruptions caused by Acts of God, the data
center or any other circumstances beyond our reasonable control, any lost
profits, lost savings or other incidental, consequential, punitive, or
special damages arising out of the operation of or inability to operate this
shoutcast server, failure of any service provider, of any
telecommunications carrier, of the Internet backbone, of any Internet
servers, you or your site visitor's computer or Internet software, even if
KWD Services, Inc. has been advised of the possibility of such damages.
12. Bandwith Usage
KWD Services, Inc. will moniter the customer's bandwith usage. KWD
Services, Inc. reserves the right to take corrective action if customer's
usage negatively impacts other clients. KWD Services, Inc. may put a cap on
bandwith on all accounts without notice.
13. Content
You are soely responsibable for the content streamed through the streaming
media server provided by KWD Services, Inc. If court actions arise against
customer's content on his/her streaming audio server, the client will hold
harmless, protect, indemnify and defend KWD Services, Inc. and its
subcontractors from any liability (including attorney s fees and court
costs), including any claim or suit, threatened or actual, arising from the
use of such elements furnished by the Client. KWD Services, Inc. only
supports Mp3, Mp3Pro, and Acc+ releated material on the streaming audio
server. All other non-supported material is not allowed and should never be
used on the streaming audio server.
14. Amendments
KWD Services, Inc. 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 Agreement for such changes in accordance with our
TOS (Terms of Service).
This terms of service is effective from April, 2007. Last Motified:
April 29, 2007.
