Canstream Terms of Service

Definitions:

Canstream is the brand name for the hosting and streaming services for Internet Media 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 streamed 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. Licences

The Client is solely responsible for any applicable licence fees for their location. The CMA does not award free licensing to agencies such as ASCAP, BMI, CARP, MCPS, PPL, PRS, RIAA, or SESAC.

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 cause any services to be delayed until clearance of funds has occurred.  The CMA reserves the right to place technical restrictions on any webcast subscription that has fallen into payment arrears.

If a subscription is cancelled before use has been made of that service then an administration fee of £30 is liable.  If an annual subscription is cancelled within the first six months of the service running then a maximum refund of 6 months fees is returnable to the Client.  If an annual subscription is cancelled after the first six months of the service running then no refund of subscription will be returnable to the Client.

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 subject to the Terms and Conditions in the Payment clause above.

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 from 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.

15. Podcasting Service

- when uploading content, you grant Canstream a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. (We need these rights to host and display your content.)

- podcast users are instructed to keep local backups of their media files and indemnify the CMA against any loss of media files.

- podcasting accounts may only be used for the trial of the podcasting platform supplied by the CMA and may not be used for any illegal activity, including but not limited to 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 notice.

- podcast accounts are limited to a maximum size as specified in the Canstream invoice. Canstream will endeavor to issue user notices when the size limit is reached but reserves the right to delete files should the podcast account outgrow the stated maximum size.

Errors and omissions excepted.