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Terms and Conditions of Service
Overview and Restrictions
LiveMedia agrees to furnish services to the client, subject to the following Terms of Service.
Use of any LiveMedia ("Service") described on this website ("http://www.livemediacast.net/") or ("http://www.livemediacast.com/") or ("http://www.whymedia.org/") constitutes acceptance and agreement to these "Terms and Conditions of Service" by the ("Customer").
This document may be changed from time to time at the discretion of LiveMedia. The client understands that change to this document by LiveMedia shall not be grounds for early contract termination or non-payment. A copy of this agreement will be available on the world wide web at "http://www.livemediacast.net/legal/".
This Agreement shall be construed in all respects in accordance with the laws of the state of Texas, county of Tarrant applicable to contracts enforceable in that state. Venue will be Tarrant County, Texas
Fees
Setup Fee: Customer agrees to pay in full the amount of any non-recurring one-time setup fees listed in the Service description prior to any provisioning or account creation by Provider. Setup fees do not qualify for the 30-Day Money Back Guarantee.
Recurring Fee: Customer agrees to pay any recurring fees listed in the Service description one term in advance each anniversary date.
Renewal: In order to ensure uninterrupted service to your account, your plan will automatically renew unless canceled by the Customer. LiveMedia requests that cancellation requests be made via phone or email at least 2 weeks prior to the date of renewal. LiveMedia will acknowledge the cancellation notice within 24 hours of receipt. If you do not receive acknowledgment, please contact a representative as soon as possible.
Term
This Agreement shall be effective as long as Customer or Customer's contacts continue to use Provider's Service. Customer shall pay any applicable federal, state or local use, franchise, excise, sales or privilege taxes, duties, fees or similar liabilities chargeable to or against Provider resulting from the services furnished by Provider.
Provider has the right to terminate Customer's account or refuse service to any Customer or potential Customer as deemed necessary by the Provider. Unless termination is due to a violation of the Acceptable Use Policy the Customer will receive ample notice to relocate.
Acceptable Use
Customer's use of Provider's services is further governed by the Provider's Web Hosting "Acceptable Use Policy" ("AUP") which promotes safe computing practices.
30 Day Money Back Guarantee
Due to the complex nature of custom orders, the 30 Day Money Back Guarantee does not apply to custom / dedicated orders.
Accounts can be terminated by Customer for any reason within 30 days and a full refund will be provided. Please allow 4-6 weeks for for a refund to to be given.
Accounts cancelled/terminated by LiveMedia for violation of the Acceptable Usage Policy will not qualify for the money back guarantee and no refund will be given.
No Warranty
CUSTOMER UNDERSTANDS THAT USE OF LIVEMEDIA SOFTWARE AND SERVICE IS DONE SO AT CUSTOMER'S SOLE RISK. THE SERVICE AND SOFTWARE ARE PROVIDED ON AN "AS-IS BASIS" AND EXCEPT TO EXTENT OF OUR "30 DAY MONEY BACK GUARANTEE" NOTED ABOVE, WITHOUT WARRANTIES OF ANY KIND.
CUSTOMER UNDERSTANDS AND AGREES THAT SERVICE PROVIDER DOES NOT GUARANTEE THAT ANY PARTICULAR AMOUNT OF BANDWIDTH ON THE NETWORK OR THAT ANY SPEED OR THROUGHPUT OF CUSTOMER'S CONNECTION TO THE NETWORK WILL BE AVAILABLE TO CUSTOMER. Customer understands and agrees that the speed of the Service provided will vary depending upon a number of factors, including Customer's computer system(s) and associated equipment, Internet traffic, and other factors such as system capacity limitations, governmental actions, events beyond Service Providers control, and system failures, modifications, upgrades and repairs.
Limitation of Liability
Provider, its directors, employees, and affiliates shall be held blameless against, but not limited to, any loss of profits, and loss of business productivity, direct, indirect, incidental, punitive, and consequential damages due to, but not limited to, the service being unavailable, defective, or hijacked.
Severability
If any provision of this document shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this document is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, constructed, and enforced as so limited.
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Acceptable Usage Policy
This Acceptable Usage Policy (the "Policy") governs, in addition to the LiveMedia "Terms and Conditions of Service", the terms of use by the ("Customer"), which is defined as any individual or third-party consultant granted permissible access by Customer to Customer's account or to LiveMedia ("Provider") servers or services.
Customer agrees when using the LiveMedia services that the following terms and conditions of this policy will be met:
Overview
In order to provide a high class, professional service, we have a few conditions for Customers of our service. Some of these conditions may seem strict, but they insure a safe, functional, and trusted environment for our customers to provide their audio and video ("Content") content on the world wide web.
Copyright
Customer agrees not to use the LiveMedia service to transmit in any way material to which you do not own a copyright or have the appropriate permission to use. This includes, but not limited to, copyrighted music, video with copyrighted music, copyrighted videos, tv broadcasts, or copyrighted movies.
Web, FTP, Publishing Content Policies
Provider does not allow any of the following content, or links to such content, to be published using the LiveMedia service:
* Content of a pornographic, sexually explicit, or violent nature.
* Content of an illegal nature (including stolen copyrighted material).
* Content that could be reasonably considered as slanderous or libelous.
Customers posting any of the above content on our servers will find their services deactivated immediately and be notified using Customer's current email address on file. You will be given a 48 hour grace period to take any corrective actions. If no action is taken to correct this issue your service will be cancelled without refund of any fees.
Provider offers generous amounts of disk space, and network bandwidth. Customer is not permitted to knowingly allow another website or hosting server to link to Content stored on Provider's servers. Customer is only permitted to store .flv and .mp3 file formats on Provider's servers.
Customer is not permitted or given access the server via FTP. Customer must use the LiveMedia Dashboard to facilitate all Content transfers to and from the server.
Subdomains
When a new account is created a subdomain is provisioned to the Customer. The subdomain requested by the Provider will remain the sole owner of all subdomains and may change the Customer's subdomain at any time if the need arises. Changing the subdomain should not have a negative affect on your service.
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