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Acceptable Use

Date Last Modified: August 2, 2004

5. 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.

Section 5.3.  Non Acceptable Uses.  Incidents that may cause the account to be terminated include, but are not limited to:

a)       Harassment: using the service to threaten or harass or promote terrorism.

b)       Using the service for any purpose other than which it is intended.

c)       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 account.

d)       Attempting to impersonate any person, using forged headers or other identifying information in a defamatory way.

e)       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.

f)        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 computer.

g)       Untimely payment of any and all amounts due.

h)       Any action that violates the laws of applicable local, state, federal or international governmental bodies.

i)         Sharing the account with anyone or re-selling the service without express written permission from PlayStream.

j)         Exceeding a maximum of 1500 files and/or folders in a single directory (folder).

k)       Exceeding 400 Megabytes of Data Transfer in the “Free 15 Day Evaluation” Account.

l)         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. 

m)      Signing up for another account after suspension of a prior account for non-acceptable use, unless prior written permission is obtained from Playstream. 

n)       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.

Section 5.4.  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. 

While 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.

If 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.

Section 5.5.  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 materials.

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.

While PlayStream 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 Fees.  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.

Section 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 or use Customer’s login and password to request a modification of service online.

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