ACCEPTABLE USE POLICY "A.U.P."

TERMS OF SERVICE "T.O.S."

We reserve the right to make changes and/or modifications to this agreement, our website, streaming plans and pricing at our leisure.

Use of RadioBASH (RadioBASH.COM) constitutes acceptance and agreement to RadioBASH.com T.O.S. (Terms of Service) and A.U.P.

This agreement is between RadioBASH Internet Services (RadioBASH.COM), and subscribers to our hosting and streaming media packages, herein referred to as client. This agreement is affective for any period during which the client is a subscriber of any service offered by RadioBASH.COM.

If a RadioBASH.COM 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.

RadioBASH.COM Internet Services may not be used for illegal purposes, or in support of illegal activities. RadioBASH.COM reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

1. Broadcast Bitrate - Overstreaming Utilizing a higher bitrate than shown on your account details. Shoutcast operate in a shared environment where bandwidth is provisioned very carefully, so abusing your bitrate will almost always result in server termination. It is your responsibility to maintain proper control over the broadcast bitrate. Shoutcast audio-only 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. RadioBASH.COM is not liable for any action taken against a client as a result of their stream content or web content.

3. Content Restrictions - RadioBASH.COM 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. RadioBASH.COM does not award free licensing to clients, such as ASCAP, BMI, SESAC, RIAA, SIAE, GEMA or CARP. You should always direct your listener to hear your stream at the URL provided by your lisencor. You should never link your listeners directly to the RadioBASH.com domain to listen. The listen start pages within your account are soley for your testing only. (example: http://radiobash.com/streaming/start/ACCOUNTNAME - should never be published.) If you would liek this page turned off on your account simply go to "Configure Server" and then "Start Page" and deactivate it.

5. Liability - RadioBASH.COM 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. RadioBASH.COM 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, RadioBASH.COM shall not be liable for any indirect, incidental or consequential damages sustained or incurred in connection with lost data. RadioBASH.COM is hereby waived of any legal obligation pertaining to the use of our service.

6. Spam - Client will not use our resources to transmit bulk or spam Email. This is defined as mail sent to a large group of recipients who did not expressly request to be sent the mail.

7. Privacy - RadioBASH.COM 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.

8. Payment - Payment for services will be collected before an account is created. Payment for subsequent months will be charged on the clients anniversary date, defined as the day of the month that they signed up for service, unless client is told otherwise. Your first invoice is prorated to the next full month. All streaming hosting accounts are due byt the 15th of the month. We do not bill in the rears. Payment is made and services are rendered.

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, RadioBASH.com 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 cancelling accounts may be made in with at least 3 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 RadioBASH.COM are non-refundable.

11. Amendments - RadioBASH.COM reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. It is the responsibility of subscriber to periodically check this AUP for such changes in accordance with our TOS (Terms of Service).

If you have any questions regarding any of the above please do not hesitate to contact us.