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Canstream Terms of Service
Definitions:
Canstream is the brand name for the Internet Media Streaming service provided by the Community Media Association (the CMA)
The Community Media Association is the provider of Canstream
The Client is the purchaser of the Canstream service from the CMA
Detailed Terms and Conditions for use of the Canstream Service:
1. Content
The client agrees to take sole responsibility for all content. The CMA
is not liable for any action taken against the client as a result of
their stream content.
2. Content Restrictions and Product Misuse
The CMA will not actively monitor the content of the client's broadcasts.
The client should not, however, use server resources for any illegal
activity, including the sharing of copyrighted programs, cracks, and
serials, as well as slanderous material. If it is brought to the
attention of the CMA that illegal content is being streamed then the
CMA will terminate all services without refund.
If it comes to the CMA’s attention that the client is hosting material
that violates these Terms of Service, the CMA will investigate and take
action. The client understands and agrees that the CMA reserves the
right to immediately close any account that violates our Terms of
Service.
The client will not run any program or robot that is specifically designed to diminish server resources.
The CMA will monitor stream connections and the amount of data
streamed. If the client is found to be exceeding the bitrate agreed,
then the product purchased or the client account may be disabled for up
to 8 hours. The CMA may re-enable products/accounts before this time
period, however any breaches in the product specifications bought are
considered against the acceptable use policy and will be treated as
such. The CMA will contact the client in order to agree additional
payment for the increased service. However, the CMA does reserve the
right to terminate the Client’s service immediately without refund if
no agreement can be reached.
3. Adult or Inappropriate Content
The CMA will not support the streaming of any content which the CMA
deems to be of an adult, or other inappropriate, nature. If it is
brought to the attention of the CMA that such content is being streamed
then the CMA will terminate all services without refund.
4. Licenses
The client is solely responsible for any applicable license fees for
their location. The CMA does not award free licensing to clients, such
as ASCAP, BMI, SESAC, RIAA or CARP.
5. Liability
The CMA will not be held liable for any injury, loss of property, loss
of data, or other mishap caused by the use of CMA's services. The CMA
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, the CMA shall not be liable for any indirect,
incidental or consequential damages (including lost data, information,
or profits) sustained or incurred in connection with lost data.
In consideration for the privilege of using the CMA's hosting and
streaming media services, the client hereby releases the CMA from any
and all claims of any nature arising from the use, or inability to use,
the internet connection.
The CMA is hereby waived of any legal obligation pertaining to the use of our service.
6. Spam
The Client will not use our resources to transmit bulk or spam E-mail.
This is defined as mail sent to a large group of recipients who did not
expressly request to be sent the mail.
7. Privacy
CMA will not release any personal information about the client, unless
permission is expressly granted. Some information may be made public,
if the client chooses to list their content in our online directory.
8. Payment
Payment for services will be collected before an account is created.
Payment for subsequent months will be charged on the anniversary date,
defined as the day of the month that they signed up for service, unless
the client is informed otherwise.
Uncleared payments will caused any services to be delayed until clearance of funds has occurred.
All payments to the CMA are non-refundable.
9. Cancellation
Requests for cancelling accounts may be made with at least 3 days
notice. The client understands and agrees that the CMA reserves the
right to close any account if the CMA believes that the Terms of
Service have been breached. The client must have all account
information in order to be able to cancel the account. The client also
understands and agrees under the Terms of Service that all payments to
CMA are non-refundable.
11. Product Reselling
If the client is found to be reselling a Canstream product, the CMA
will immediately disable all products and de-activate the account with
no refund. The decision to disable the account is final and there are
no appeals.
12. Product Offers
Any offers made to a client are offered on the terms agreed at the
time. Any change made by the client which causes these terms to be
breached will revoke any offer made by the CMA. No reversal will be
made and any monies outstanding/required will be paid by the client.
The consumer offering by Canstream is limited to a maximum 200 slots
per client. Any slots over this amount will, unless previously
arranged, be subject to our Corporate Price List which is available on
request.
13. Directory Listings
If the client is found to be broadcasting material which causes any
issues relating to any directory listings, such as the Shoutcast YP,
the CMA will terminate their account without refund.
14. Amendments
Amendments to this agreement may be made at any time. No notification
will be given to the client when changes are made; it is the
responsibility of the client to check the Terms of Service on a regular
basis.
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