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Cancellation

Date Last Modified: August 20, 2004

4. Terms and Conditions - Cancellation

Section 4.1. Cancellation of Service by PlayStream. PlayStream reserves the right to cancel the Customer's account should the Customer fail to adhere to the terms of this Agreement.  For live services, this includes cancellation of a live streaming service at the end of the fifth business day (Pacific Time) if a signed Live Service Agreement has not been received, agreed to and accepted by PlayStream.  Should cancellation of an account occur, PlayStream will reimburse client any unused fees (prorated daily), after PlayStream has determined, in its own discretion, that all charges associated with the account have been satisfactorily paid. Upon request of Customer, PlayStream shall return all Customer materials. PlayStream reserves the right to withhold fees, up to the total of any charges associated with the account that have not been satisfactorily paid, if legal action is pending against PlayStream for the misuse of the account or if PlayStream reasonably believes legal action may be brought against PlayStream. Under such conditions, PlayStream may withhold such fees until it has been determined that any legal action brought against PlayStream has been satisfactorily resolved and all charges have been satisfactorily paid.

Section 4.2. Cancellation of Service by Customer. Customer shall have the right to terminate this Agreement as per Section 4.3, unless a PlayStream Written Agreement specifies otherwise. PlayStream shall reimburse client any unused fees (prorated daily), after PlayStream has determined, in its own discretion, that all charges associated with the account have been satisfactorily paid. Prior to cancellation of service, Customer is responsible for removing their materials from their allotted space on PlayStream's servers and PlayStream will not be responsible for storage and preservation of Customer's materials upon receipt of request for cancellation. PlayStream reserves the right to withhold fees, up to the total of any charges associated with the account that have not been satisfactorily paid, if legal action is pending against PlayStream for the misuse of the account or if PlayStream reasonably believes legal action may be brought against PlayStream. Under such conditions, PlayStream may withhold such fees until it has been determined that any legal action brought against PlayStream has been satisfactorily resolved and all charges have been satisfactorily paid.

Section 4.3.  Effective Date of Cancellation.  Upon receipt of written notice, as defined in Section 4.4, from Customer, followed by written acknowledgement from PlayStream to cancel the service, the Effective Date of Cancellation shall be end of the current billing cycle.

Section 4.4.  Definition of “Written Notice” for Cancellation.  Customer agrees to submit notification of Cancellation of service to PlayStream by a) logging into PlayStream Director (defined as PlayStream’s online account management center located at http://www.playstream.com) and properly completing the online Cancellation Procedure, or b) by submitting written notice by postal mail to PlayStream, or c) by submitting written notice by facsimile to PlayStream.  Customers electing to submit notice of Cancellation by postal mail or facsimile shall submit such notice to the address and facsimile stated in Section 1, General Terms and Conditions of Use.  Customer agrees that submitting a notice of Cancellation by Email or telephone is an unacceptable form of submitting notice of Cancellation to PlayStream, and that service charges may continue to apply until PlayStream has received the proper notice of Cancellation.

Section 4.5.  Cancellation of Live Streaming Services.  All terms and conditions described above shall apply with respect to cancellation of Live Streaming Services, except if Customer cancels Live Streaming Services no later than the third business day by 5:00 PM Pacific Time following the date of activation of the service, then Customer will be credited the Mount Point fee plus any data transfer charges that are up to and equal to 400 Megabytes of data transfer.  Any data transfer charges exceeding 400 Megabytes will be charged at the rate of $0.01 (one cent) per Megabyte transferred.



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