http://www.ksbmultimedia.com/terms.htm
Terms of Service
STREAMING
Use of KSB Multimedia Services (KSBMultimedia.com) constitutes acceptance and agreement to KSBMultimedia.com T.O.S. (Terms of Service) and A.U.P.
This agreement is between KSB Multimedia Services (KSBMultimedia.com), and subscribers to our hosting and streaming media packages, herein referred to as client. This agreement is affective for any period during which the client is a subscriber of any service offered by KSBMultimedia.com.
If a KSBMultimedia.com 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.
KSB Multimedia Services may not be used for illegal purposes, or in support of illegal activities. KSBMultimedia.com reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
1. Broadcast Bitrate - Over streaming
Utilizing a higher Bitrate than shown on your account details. Windows and SHOUTCAST operate in a shared environment where bandwidth is provisioned very carefully, so abusing your Bitrate will almost always result in server termination. It is your responsibility to maintain proper control over the broadcast Bitrate. windows and SHOUTCAST audio-only 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. KSBMultimedia.com is not liable for any action taken against a client as a result of their stream content or web content.
3. Content Restrictions
KSBMultimedia.com 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. KSBMultimedia.com does not award free licensing to clients, such as ASCAP, BMI, SESAC, RIAA, SIAE, GEMA or CARP.
5. Liability
KSBMultimedia.com 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. KSBMultimedia.com 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, KSBMultimedia.com shall not be liable for any indirect, incidental or consequential damages sustained or incurred in connection with lost data. KSBMultimedia.com is hereby waived of any legal obligation pertaining to the use of our service.
6. 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.
7. Privacy
KSBMultimedia.com 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. 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.
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, KSBMultimedia.com 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 canceling accounts may be made in at least 3 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 KSBMultimedia.com are non-refundable.
11. Amendments
KSBMultimedia.com 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).
WEB HOSTING
| Account usage (for non-resellers): |
| Personal accounts are to be used by the primary owner only. Account holders are not permitted to resell, store or give away web-hosting services from their web site to other parties. Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads. KSBMultimedia.com reserves the right to refuse service and/or access to its servers to anyone. |
| KSBMultimedia.com does not allow the following contents: |
| SPAM - Any site operator who uses/stores any kind of spamming software, or whose spamming activities affect KSBMultimedia.com servers negatively in any way, will have their accounts terminated without warning. They will also be fined $50. Mailing lists - Mailing lists such as mailman, majordomo,PHPlist, etc. are not allowed to run from KSBMultimedia.com servers regardless of the contents of these lists' messages or size, and even with "obtained" addresses. . MLM - Any mailing, posting or content of "Make Money Fast" (MMF) or "Fast Cash" or pyramid schemes or chain letters or MLM (multi level marketing) schemes of any sort will result in immediate account termination. HYIP - High Yield Investment related or linked to websites. Illegal Material - This includes copy-righted works, commercial audio, video, or music files and any material in violation of any Federal, State or Local regulation. Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of KSBMultimedia.com please contact first if you think that you may violate this term. Online Gaming - Includes all online/offline Casinos, gambling, MUDs, interactive gaming on our servers, Anime communities, PlayStation games Forums, news, reviews. IRC bots - IRC bots such as Eggdrop, IRCD, PSY BNC etc. are prohibited. Shell scripts - shell scripts such as those that try to gain shell access or to run system command lines are prohibited.. Hate material - We define hate material as that which expresses or promotes hatred against groups of people. For example, racist, anti-Semitic, or homophobic material, or any material targeting a particular ethnicity or religion is considered to be hate material.. We reserve the right to identify hate material for what it is (including identifiers on member sites). Warez - Includes pirated software, ROMS, emulators, freaking, hacking, password cracking or cheating, IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material. Shell scripts - KSBMultimedia.com does not provide shell access under any conditions, installing third party shell tools using CGI, PHP or any other method will be met by instant termination of account. Fantastico scripts are exempt. Hot-Linking - You can not use your account to store files or scripts that serve files or services to another domain name, all files have to be linked to pages to your index page (example: use of website to host your eBay auctions images is not allowed). Bit Torrent: Or any thing related to bit torrents are not allowed to be hosted on KSBMultimedia.com web servers. Proxy: Proxies websites, scripts, ..etc are not allowed. Downloads: For packages with unlimited space or transfer, storing downloads is not allowed . |
| Invalid or Non-Transferred Domains: |
| Every account must have a properly registered domain name, which resides on our domain name servers, within 15 days of the account's opening. After 15 days, accounts without registered or transferred domain names will be terminated automatically. No warnings will be given, and any payments already made will be forfeited. No refunds will be given |
| Server usage: |
| When a web site is found to be monopolizing the resources available, KSBMultimedia.com reserves the right to suspend that site immediately. This policy is implemented only in extreme circumstances and is intended to prevent the misuse of our servers. As long as you do not violate any other terms in that page, you are able to host and distribute files with no limitation or restrictions. Please note that over 85% of our clients never exceed even 2000 megs of total FTP and web page transfer combined, so you can be assured that our bandwidth is not choked by numerous 'load-heavy' sites. To further protect the integrity of our service, any individual site consistently using 10% or more of the system's resources may be issued a warning or have its account deactivated. |
| TECHNICAL SUPPORT LIMITATIONS: |
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Technical support is limited to the upkeep of your website and email.
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| DISCLAIMER: |
| KSBMultimedia.com will not be responsible for any damages your business may suffer. KSBMultimedia.com makes no warranties of any kind, expressed or implied for services we provide. KSBMultimedia.com disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong deliveries, and any service interruptions caused by KSBMultimedia.com and its employees. KSBMultimedia.com reserves the right to revise its policies at any time. |
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