Terms and Conditions – Acceptable Use
Section 5.1 Content of
Customer's Materials. PlayStream
does not actively monitor the Customer's material nor does PlayStream exercise
any editorial control over the content of any material that the Customer
uploads into PlayStream's service. However, PlayStream reserves the right to
remove any and/or all of the Customer's material from PlayStream's service that
are, in PlayStream's discretion, potentially illegal, a violation of Trademark
and/or Copyright, or may subject PlayStream to liability, or violate the
acceptable use policy stated below in this Agreement. Upon removal of the
material, PlayStream shall notify Customer of the removal of the materials, as
well as the reason for removal. In no instance shall PlayStream be liable for
the removal of the materials.
Section 5.2 Acceptable
Uses. This Agreement is designed
to help protect PlayStream's customers and the Internet community from
irresponsible or illegal activities. In the event that Customer violates this
Agreement through improper use of the service, as depicted in Section 5.3
below, PlayStream reserves the right to suspend or terminate the service
without notice. PlayStream shall make reasonable efforts to advise Customer of
the inappropriate behavior and offer any corrective action necessary.
PlayStream reserves the right to immediately terminate its service to Customer
for any flagrant or repeat violations of this Agreement.
Non Acceptable Uses.
Incidents that may cause the account to be terminated include, but are
not limited to:
Harassment: using the
service to threaten or harass or promote terrorism.
Using the service for
any purpose other than which it is intended.
Using the service for
submission, generation or inclusion of unsolicited bulk email or other forms of
email abuse (i.e. SPAM). Failure
to respond to a SPAM notice shall also constitute grounds for termination of
impersonate any person, using forged headers or other identifying information
in a defamatory way.
Violation of Trademark
and/or Copyrighted material. Upon receipt of a compliant legal notice alleging
that copyright infringement is occurring, PlayStream will remove said material
and provide Customer with a copy of the compliant notice of Copyright
infringement. Said material shall
remain removed from PlayStream’s service until Customer has provided the
designated agent at PlayStream a compliant Counter Notification.
Upon receipt of the compliant Counter Notification, the law requires
PlayStream to submit a copy of the Counter Notification to the complaining
party with notice that PlayStream will replace or re-enable access to the
allegedly infringing material in ten business days.
Then, ten to fourteen business days after receiving the Counter
Notification, PlayStream will replace or re-enable access to the allegedly
infringing material, unless the complaining party has notified PlayStream’s
designated agent that a court action relating to the materials in question has
been filed in order to stop the alleged copyright. Accounts
belonging to repeated infringers, under appropriate circumstances, will be
terminated. For further
information, see Section 9 – Infringement and Abuse Notifications.
Uploading any data or
executable computer programs containing a virus or other malicious code which
may be deemed as viral, or may cause a disruption to the service or another
Untimely payment of any
and all amounts due.
Any action that violates
the laws of applicable local, state, federal or international governmental
Sharing the account with
anyone or re-selling the service without express written permission from
Exceeding a maximum of
1500 files and/or folders in a single directory (folder).
Exceeding 400 Megabytes
of Data Transfer in the “Free 15 Day Evaluation” Account.
Signing up for another
account after suspension of a prior account for nonpayment unless the balance
on the prior account has been paid in full.
Signing up for another
account after suspension of a prior account for non-acceptable use, unless
prior written permission is obtained from Playstream.
Conducting a Simulated
Live Event through an On-Demand Account without prior written approval.
Customer will not register
for or use the “Free 15 Day Evaluation” Account (defined as the “Evaluation
Account”) for any purpose other than making a good faith evaluation of whether
Customer wishes to purchase one or more of PlayStream’s services.
Registering for or using an Evaluation Account for any purpose,
including without limitation to provide commercial benefits to Customer or
others (other than as a preliminary step that results in the purchase of one or
more of PlayStream’s services), repeatedly registering for Evaluation Accounts
to avoid paying fees and costs associated with PlayStream’s services, or
otherwise abusing an Evaluation Account, constitutes a breach of this
Agreement, trespass upon PlayStream’s Web site, and conversion of PlayStream’s
services and resources.
PlayStream will cooperate
with any and all appropriate legal authorities in investigating claims of
illegal activity, including, but not limited to illegal transfer or use of
copyrighted material or other illegal activity. PlayStream reserves the right
to monitor or view material uploaded by Customer onto PlayStream's service at
any time for the purpose of ensuring compliance with this Agreement.
Acceptable, But Not Suitable Uses For Customer or Technical Support.
In some cases,
Customer’s content may not violate PlayStream’s “Acceptable Use” Policy, but
yet be considered unsuitable for viewing or providing support in a professional
environment shared by PlayStream’s employees.
Such content (hereinafter deemed “Unsuitable Content”) may be offensive,
vulgar, excessively provocative, violent, of an Adult nature, contain nudity,
unsuitable language, or other nature that warrants the content unsuitable for
viewing or listening.
it is not PlayStream’s policy to exercise censorship and remove content from
our service that does not violate PlayStream’s “Acceptable Use” Policy, any
content that is considered unsuitable for viewing will NOT be played, viewed,
encoded, captured, digitized, handled or otherwise, displayed in any way, by
any PlayStream employee in the offices of PlayStream.
All employees of PlayStream are permitted to use their own discretion in
determining and rejecting content that is unsuitable for viewing or listening
to for the nature of providing Customer Service or Technical Support.
If employees encounter a Customer requesting support for such content,
PlayStream’s employees are required to notify Customer that suitable content
for viewing must be uploaded into the account for any support to be made
available, and only for suitable content, and that no support or customer
service will be provided for unsuitable content.
PlayStream receives an order or a shipment for the purposes of preparing any
content for streaming, including, but not limited to digitizing or encoding,
that should be unsuitable, whether discovery of such content is made prior to
performing the service, or during the course of performing the service, such
service shall cease immediately. PlayStream
will then return the content, or at the discretion and sole determination by
PlayStream’s management, refer the Customer to an independent contractor for
completion of services.
Receipt of Copyright or Trademark Infringement Notification.
If PlayStream receives a notification of claimed copyright or trademark
infringement with regard to Customer’s content, whereby the notification
includes: a physical or electronic signature of the owner (or person authorized
to act on behalf of the owner) of an exclusive right that is allegedly
infringed; specific identification of the copyrighted, trademark or patented
work claimed to have been infringed, or if multiple works are covered by a
single notification, a list of each work claimed to have been infringed;
information related to the work(s) reasonably sufficient for PlayStream to
promptly locate the work (e.g. title of work, URL location) within PlayStream’s
Web site, PlayStream’s Customer’s Web site, or that of a third party Web site;
information reasonably sufficient to permit PlayStream to directly contact the
complaining party, such as a complete name and address, telephone number and/or
email address; a statement that the complaining party has a good faith belief
that use of the work(s) in the manner complained of is not authorized by the
copyright owner, its agent or the law; a statement requesting that PlayStream
take a specific act with respect to the alleged infringement (e.g., removal,
access restricted or disabled; and a statement that the information in the
notification is accurate, and under penalty of perjury, that the complaining
party is authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed, then PlayStream will take appropriate actions under the
Digital Millennium Copyright Act and/or other applicable intellectual property
laws, which may including disabling or removing the work(s) from service and/or
suspend or terminate Customer’s service and withhold Customer’s content until
the matter has been fully resolved by all parties and such resolution has been
submitted in writing to PlayStream on terms mutually acceptable to PlayStream,
or if court action of legal jurisdiction determines otherwise.
Section 5.6. Live Events.
Customer agrees not to use the service to host "live events" without the
express written permission of PlayStream and, if such consent is given, only
pursuant to the terms and conditions designated in the written permission from
PlayStream or as per a PlayStream Written Agreement. In the event that Customer
uses the service to host "live events" without the express written consent of
PlayStream, PlayStream reserves the right to remove Customer's materials from
PlayStream's service, or otherwise block access by third-parties to Customer's
Section 5.7. Disk and
Bandwidth Utilization. PlayStream's
website specifies limits on bandwidth and disk utilization. By accepting this
Agreement, Customer agrees to be bound by the service description applicable to
its account. PlayStream reserves the right to remove material and/or terminate
or suspend the account due to any violation of bandwidth or utilizations limits
("overage") that PlayStream deems inappropriate or excessive. Repeat violations
of the allotted disk and/or bandwidth utilization may subject account to
termination. Customer agrees to pay for all bandwidth and/or disk usage that
exceeds their allotment based on the current charges depicted on this site (and
no less than one cent per megabyte in data traffic and one dollar per megabyte
in disk storage, unless a PlayStream Written Agreement specifies otherwise).
For megabyte-to-gigabyte calculation purposes, PlayStream uses
the formula, 1,024 megabytes equals 1 (one) gigabyte.
implements security mechanisms to prevent disk space over utilization,
bandwidth monitoring, and online notification of disk space and bandwidth
usage, PlayStream cannot insure that such security, monitoring and notification
mechanisms will work at all times without system failure.
Therefore, PlayStream is not responsible to notify Customer of overages
and it is the Customer's responsibility to ascertain these conditions and to
notify PlayStream if Customer suspects a failure may have occurred. PlayStream
will make reasonable efforts to keep client informed of overages exceeding
Customer's allotment by 200% or more but can not guarantee such notification.
PlayStream advises that Customer anticipate the volume of users likely
to view their media file in a given month and multiply that by the size of the
file to approximate bandwidth usage per month.
Section 5.8. Music License
Customer shall be responsible for insuring that Customer’s content will
comply with all applicable licensing requirements by federal, state, local,
regulated and contractual music licensing fees, including, without limitation,
all BMI, ASCAP, and SESAC licensing requirements and fees, as well as all
requirements and fees of the Digital Millennium Copyright Act of 1998.
5.9. Modification of Media. In the
event Customer wishes to modify, or otherwise change, the media on their
Allotted Space, Customer shall have the privilege of doing so as long as
compliance with the Terms and Conditions of this Agreement are met, and
Customer does not exceed their allotted disk space and data-traffic. Customers
wishing to modify their allotted package disk space and/or data-traffic should
submit a request for modification to email@example.com
or use Customer’s login and password to request a modification of service