This Radio Hosting Agreement is between 4mywebRO and the person/persons who use our website hosting. Please read carefully to ensure you understand our terms before purchasing any of our products or services.
4mywebRO agrees to provide the services stated for the price agreed at any given time. We do not miss lead customers with hidden costs unlike many other web hosting companies.
All customers are responsible for monitoring their storage space and bandwidth transfer each month. Customers who go over the limit of their account will be sent an email with the option to either upgrade their account or reduce store and or storage. If customers continue to go over we will do everything possible to fix the problem. We do hold to right to ban accounts for continuous problems. If customers sign up for an account and cancel it within the first month they will still be charged for the full first month.
Renewal notices are emailed with a few days before the actual renew date in your account. When you pay with PayPal you will not have to worry about manuel payments if you accept the subscription on automatic payments, option provided by PayPal system. You can cancel the subscription anytime from your PayPal account. 4mywebRO reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notifie 4mywebRO to request for termination of services. There is no fee for cancelling the account. If you cancell an account on the monthly billing cycle 4mywebRO can not refund any payments made before.
4mywebRO is making refunds only for accounts paied per month.You have 2 weeks of testing the service and during this time you can request a refund if you are not happy.Once you have passed this 2 weeks you can close your account without any fee but you will not receive a refund as you have been used our system more then 2 weeks.
Cancellation and Early Termination
Customers must acknowledge that the amount of the services bought is based on customers agreement to pay the fee for the initial term or renewal term.You can close your account without any fee but cancelling doesn't mean that you don't have to pay your last bill.
Any attempt to undermine or cause harm to a server or customer of 4mywebRO is strictly prohibited.
4mywebRO will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include 'Internet scamming' (tricking other people into releasing their passwords), password theft, security hole scanning, etc.
Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or computer belongs to 4mywebRO, will result in action against YOU. Possible actions include warnings, account suspension or cancelation, as well as civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE - 4mywebRO has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.
YOU may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, upload scripts (Rappidleach), pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by 4mywebRO to be unacceptable use of our services including abuse of server resources.
Disk Space Abuse
4mywebRO will be the sole arbiter as to what constitutes a violation of this provision. You are reponsable for monitoring your disk space usage. If you need extra disk space contact one of our staff and they will be happy to help out. You can also upgrade your hosting plan from inside your 4mywebRO client account.
You are not allowed to upload on you disk space other files then the ones necessary for music streaming like MP3 ,MP4 files.Your disk space is intended to be used for Auto Dj feature not like a storage.If we will find any other files on your disk space then the ones allowed we will delete them without any warning.After your second attempt to use ilegal the disk space we reserve the right to suspend your account until we will resolve the problem.
The intention of 4mywebRO is to provide a large bandwidth for radio streaming, and not an offsite storage area for electronic files. If YOU violate this condition, YOU will be notified and given 48 hours to remedy the problem. Failure to do so will result in YOU being suspended.
Even if some of our hosting plans are having unlimited bandwidth we will still monitor each client to be sure that nobody makes abuse of this feature.If we find a suspicious use of bandwidth we reserve the right to investigate your account to see why is happening this.
Our WHM Sonic system has an automatically build in check for over bit rate.That means if you are streaming more then half hour with more bit rate then your hosting plan , your radio will be suspended automatically.For example if your radio hosting plan is with maximum 128 KB/s and you stream more then half hour with 192 KB/s ,your radio may be automatically suspended.
Customer represents and warrants to 4mywebRO that the information he, she or it has provided and will provide to 4mywebRO for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to 4mywebRO that he or she is at least 18 years of age. 4mywebRO may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contract.
UNSOLICITED EMAIL & SPAMMING
Unsolicited commercial advertisements ('SPAM') are not allowed in e-mail, and will likely result in account cancelation. 4mywebRO takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, YOUR account may be deleted.
The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers - any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ('mail bombing'); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages.
NOTE - If YOU use the services of another provider to promote a website hosted by or through 4mywebRO ('spamvertising'), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
99.99% UPTIME GUARANTEE
(1.) COVERAGE - This 99.99% uptime guarantee applies to any Customer in good financial standing with 4mywebRO at the time of a service outage.
(2.) SERVICE LEVEL AGREEMENT ('SLA') & SPECIFICATIONS - 4mywebRO endeavors to have the content of YOUR service available for http access by any party in the world 99.99% of the time. Network downtime ('unavailability') is defined as 100% packet loss from 4mywebRO to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via 4mywebRO's online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by using the Skype system.
You must be sure that you have a good connection to your internet provider before considering that the downtime is because of our servers.If you have a bad connection on your internet provider this can lead to continous buffering or interuption of your radio streaming and this is not considering to be a downtime from our servers.
TECHNICAL SUPPORT BOUNDARIES
4mywebRO provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our WHMSonic control panel interface, servers within our immediate responsibility and any other hosting related issues.
We will do the best to help you with any issues you have in using our WHMSonic control panel.Is not our responsability to help you setup your streaming shoutcast server on your home personal computer.
We are not responsible for the server downtime in case of brute force of mother nature,political or police request.
Customer agrees to indemnify and hold harmless 4mywebRO, Your Company's affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.
YOU AGREE TO DEFEND,INDEMNIFY AND HOLD HARMLESS 4mywebRO AGAINST LIABILITIES ARISING OF:
(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH 4mywebRO'S SERVER.
(2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY
(3) COPYRIGHT INFRINGEMENT AND
(4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM 4mywebRO'S SERVER.
Disclaimer of Warranties
4mywebRO does not warrant or represent that the services will be uninterrupted, error free, or completely secure. To the extent permitted by applicable law Your Company disclaims any and all warranties including the implied warranties or merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law all services are provided on an "As Is" basis.
Suspension of Services/Termination
Customer agrees that 4mywebRO may suspend services to Customer without notice and without liability if: (i) 4mywebRO reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) 4mywebRO reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency.
If you break our terms of service/acceptable usage policy we hold the right to cancel any services. We will never cancel any services without trying our best to resolve the problem with you. However in extreme cases such as an account containing child pornography we hold the right to cancel services without any prior warning. We do not refund any accounts breaking our terms of service/acceptable usage policy. For example if we cancel your hosting account during your first month for breaching copyright, we will not refund you for the first month. This is to prevent people signing up for our services with the intention of breaching our terms.
Back Up Copy
Customer agrees to maintain a current copy of all content hosted by 4mywebRO not with standing any agreement by 4mywebRO to provide back up services.
Changes To 4mywebRO's Network
Upgrades and other changes in 4mywebRO's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. 4mywebRO reserves the right to change its network in its commercially reasonable discretion, and 4mywebRO shall not be liable for any resulting harm to Customer.
Notices to 4mywebRO under the Agreement shall be given via electronic mail to the e-mail address posted for customer support. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.
4mywebRO shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond 4mywebRO's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
All files stored on 4mywebRO's servers must be legally-owned and be accompanied with a valid license and/or copyright. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion.
CANCELATION OF SERVICE
4mywebRO reserves the right to cancel a service at any time. All fees in case that you hack-destroy one or more servers or systems will be paied by YOU as customer.
4mywebRO reserves the right to refuse service to anyone. YOU may only use 4mywebRO server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that 4mywebRO may disclose any and all YOUR information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.
4mywebRO follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.We reserve the right to modify this terms at any given time.
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