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Use of The Pure Mix, a Pure Pulse Media Group company constitutes acceptance and agreement to The Pure Mix T.O.S. (Terms of Service) and A.U.P.
This agreement is between The Pure Mix 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 THE PURE MIX.
If a THE PURE MIX 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.
THE PURE MIX not be used for illegal purposes, or in support of illegal activities. THE PURE MIX 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 purchased. 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. THE PURE MIX is not liable for any action taken against a client as a result of their stream content or web content.
3. Content Restrictions
THE PURE MIX 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. THE PURE MIX does not award free licensing to clients, such as ASCAP, BMI, SESAC, RIAA, SIAE, GEMA or CARP.
5. Liability
THE PURE MIX 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. THE PURE MIX 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, THE PURE MIX shall not be liable for any indirect, incidental or consequential damages sustained or incurred in connection with lost data. THE PURE MIX 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
THE PURE MIX 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 client's anniversary date, defined as the day of the month that they signed up for service, unless client is told otherwise. Payments 10 days past due, are subject to a $25 late fee.
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, THE PURE MIX 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 canceling 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 THE PURE MIX are non-refundable.
11. Amendments
THE PURE MIX 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).
This terms of service is effective from April 15, 2005
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