Terms of Service
Introduction: This agreement is between KWD Services, Inc., and subscribers to any of our services, 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. These terms are only a general listing of our terms of service. For specific service related terms, please contact us by clicking Contact at the top of any page.
Termination: 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.
Illegal Use: 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 operates 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 $50 and no less than $25. 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 client's 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 received by the due date, the service will be interrupted on accounts that reach 7 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 temporarily deny service or terminate this agreement upon the failure to pay charges 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 canceling accounts MUST be made by opening a ticket in the client portal 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 services, 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 monitor 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 solely responsible 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 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, AAC, and AAC+ related material on the streaming audio servers. All other non-supported material is not allowed and its use is prohibited on the streaming audio server.
14. Amendments: KWD Services, Inc. reserves the right to revise, amend, or modify the Terms of Service, Acceptable Use Policy, Privacy Policy, and our other policies and agreements at any time and in any manner. It is the responsibility of the client to periodically check this agreement for such changes.
These terms are effective from April, 2007. Last Modified: August 17, 2010.