Print This Section
INTRODUCTION
This Service Level Agreement (SLA) defines the services, primary jobs, and responsibilities of each party; the methods for delivery of support services; the process for problem resolution; the limitations of service support levels, and the anticipated frequency and measurements (metrics) that will be applied against specific systems/projects. The measurements determine performance and reliability impact (whether performance meets or exceeds expectations). These measurements have been reviewed by the management of both parties to ensure that performance is maintained within the range of stated goals.
Agreement
This agreement is entered into by the subscribing party, hereinafter referred to as the client and XYZMP3.com Broadcasting Services herein after referred to as XYZ. This agreement is subject to all applicable local, state, govermental and international policies and provisions whether or not expressly stated as part of this agreement.
Purpose and Objectives
The purpose of this SLA is to define the terms and process for subscribing to the XYZ Streaming Media Services: Webcasting, Live broadcasting, On-demand and application hosting services.
The objectives of these services are:
· To provide reliable, managed technology solutions to meet the needs of XYZ clients/customers with varying missions and requirements.
· To provide scalable rates and service options so that XYZ clients/customers can realize cost savings and purchase only services that they need.
Definition of Terms and Acronyms
In this document, the following terminology and acronyms are used:
XYZMP3.COM INC.Internet Radio Hosting
XYZ is a subsidiary of XYZMP3.com - a provider of Stream Hosting and Webcast services/solutions.
Client
The client is the recipient of services provided under this SLA .
Web
The World Wide Web = Internet.
Browser
A software program used for Internet access, such as Netscape® or Internet Explorer®.
IP
Internet Protocol, the technical platform for digital transmission over the Internet.
FTP
File Transfer Protocol, the standard Internet platform for managing digital files.
LAN
Local Area Network. Unless LAN service is provided by XYZ, the LAN is a solely client's responsibility.
WAN
Wide Area Network, linking LANs together. Unless WAN service is provided by XYZ, the WAN is the responsibility of the client's commercial Internet Service Provider.
SERVICE DESCRIPTIONS
Streaming media refers to the synchronized broadcast of live and or stored audio/video content over an IP network. Delivery takes place through a web site and or server and is accessible to any computer that has an Internet connection and the appropriate hardware and software. Content may be simulcast "live" or "archived" (saved) to a server, so that listeners and or viewers can access it later on demand. Streaming delivery (playback) of both generally begins in seconds with the click of a link, without having to download a file.
XYZ Streaming Media Services provide practical, time-saving, and cost-effective solutions. These solutions allow such content to be made available to much larger audiences, to be viewed/heard at any time at the individual's convenience, and or to be stored indefinitely (for on-demand content) for reference purposes.
Three (3) XYZ services are described in this SLA : "Live Streaming" service for live broadcasts; the "On-Demand Streaming" Hosting service for non-real-time storage and "DualCast Streaming" which mixes both. These are recurring services with a monthly minimum. The current "Live Streaming" Webcasting and "On Demand Streaming" Hosting services and "DualCast Streaming" are available on a monthly basis recurring at current rates/fees/costs in "US Dollars" noted on theXYZMP3.biz website .
Certain "basic" system requirements are necessary for listeners/viewers who wish to access live webcasts and or on-demand hosted content. They must have a computer with Internet access, a web browser (the latest versions of Netscape®, Firefox® or Microsoft Internet Explorer® are recommended), a sound card, speakers, and media players not limited to but including Winamp™, Windows Media Player™ or Real Player™ software. (Windows Media Player™ is standard software on most recent Windows® operating systems). Most all mentioned players are available for free download at their respective sites.
*XYZ will assume no responsibility related to end point hardware or software incompatibility and or to network elements that are not under XYZ control. (i.e. listener/viewer's LAN, WAN, Router, Firewall, etc).
"Live" Webcasting Service
This monthly-recurring service permits the streaming of real-time or "Live" content to individual and or multiple listeners and or locations simultaneously. Services for multiple bitrate and file format combinations are offered (specifically, Shoutcast and Flash Media Streaming)
Current fees/rates are available at pricing provided on XYZMP3.COM. Encoding at (1) "Single" or individual bitrate allows individual end points (listeners/viewers) to connect and participate at that one specific bitrate/speed connection quality.
Encoding at multiple rates allows individual end points (listeners) to connect and participate at different speeds/connection qualities according to their degree of Internet access. Live streaming is especially suitable for large interactive and non-interactive applications, such as the broadcast of full-time Radio Station, Live Event/Concert or a simple conference session. A live webcast can be integrated with other XYZ services, such as archiving for "on-demand" usage. (See "DualCast Streaming") These are additional services to which the client must also subscribe.
*The basic requirement for a live webcast/broadcast requires some means of pointing or connecting the client's desired choice of "Encoded" source feed (i.e. Shoutcast Media stream, mp3, Flash Media Stream) to the assigned XYZ service. For more information or to acquire XYZ's "preferred" Broadcast tools/applications to accomplish that, please visit http://www.xyzmp3.biz/broadcast
The "Live Streaming" Service is available on a monthly-recurring basis based on the current fees/rate provided at http://www.XYZMP3.com/hostingfees.htm with one month as the "standard" minimum time period that may be subscribed. "Statistics" can be provided with this service for a small additional fee.
"On-Demand" Service
This monthly-recurring service is for clients who wish to maintain pre-recorded digital media files for streaming "on-demand". The encoded content is stored for a specified period of time on a XYZ provided server. A link is provided to the client's for direct usage on their web site or to direct to a media player.
Dependent on your number of purchased "concurrent listeners", "disk space" used and or amount of "data transfer" allocated/used, any number of simultaneous viewers can access a hosted file at any time, 24 hours a day. Hosted content can be created, uploaded via FTP individually or as multiple client defined files and or "play lists" which can also be set to be looped and content can set to be paused, stopped, or fast-forwarded during playback. The "On-Demand" Service is available on a monthly recurring basis based on the current fees/rate provided at http://www.XYZMP3.biz/streamhosting with one month as the "standard" minimum time period that may be subscribed. "Statistics" can be provided with this service for a small additional fee.
"DualCast Streaming" Service
This service offers a combination of "BOTH" Live Streaming and ON-Demand, (See Above!). The "DualCast" Service is available on a monthly-recurring basis based on the current fees/rate provided at http://www.XYZMP3.biz/streamhosting with one month as the "standard" minimum time period that may be subscribed. "Statistics" can be provided with this service for a small additional fee.
Additional Service/Pricing
NOTE: XYZ can and does offer "Special Pricing" and or "Discounts" on (1) One-time events and or for large capacity clients. Please contact us via e-mail, or call (512) 535-6459 during business hours M-F, 9am-6pm CST to enquire and or receive a quote specific to your needs.
XYZ AND CLIENT RESPONSIBILITIES
XYZ Responsibilities
XYZ agrees to:
· Provide "Live" Webcasting and "On-Demand" Hosting Services for the period of the subscription.
· Provide sufficient resources to enable and support multiple simultaneous connections to live or on demand content.
· Provide security for the server and or stored "Hosted" content.
· Provide maintenance and security upgrades on XYZ equipment as needed.
· Communicate information regarding repair, maintenance, security upgrades, or other situations that may affect availability of service in accordance with the procedures outlined in this document.
· Make recommendations if requested and assist the client regarding system requirements, bandwidth availability, account configuration, and other technical issues as needed.
· Provide access to client account and login/password retrieval process.
· Provide tools and account management functions/features relevant to client's services including billing/invoices, Station management, etc.
· Supply client a link for live or stored presentations.
· Provide usage statistics on "live" or on-demand hosted content. ("Statistics" are provided for a small additional fee).
· Troubleshoot technical problems in accordance with the procedures outlined in this document.
Client Responsibilities
The client agrees to:
· Comply with the terms and provisions of service as defined in this SLA .
· Provide all correct and "current" contact and billing information requested in the XYZ subscription/payment/registration Forms.
· Comply with system requirements for live media feeds, LANs, Internet connections, and individual work stations as needed.
· Comply with all applicable local/state/government/international laws and statutes regarding and governing the transmission of Digital Media.
· Make appropriate contact or support personnel available as needed to resolve technical issues.
· Provide potential viewers/listeners with relevant information such as the location of web site, player link and the associated system requirements needed to access live or hosted presentations.
· Troubleshoot problems in accordance with the process outlined in this document.
SUBSCRIBING TO SERVICES
Inquiries and Demonstration
Potential clients should generally need only follow the simple sign-up procedure provided direct on and from www.XYZ.com or if further questions or client request "Special Needs", then please visit the XYZ Customer Support Center, http://www.XYZ.com/contact.html, to inquire about any Streaming Media Service. A XYZ staff member will be happy to discuss your requirements in greater detail. There is no cost or obligation for this inquiry.
Rates
Rates for Streaming Media Services are clearly defined on the XYZ website, specifically - http://www.XYZ.com/streamhosting/. These rates are subject to change and may be updated if 30-days notice is given. For subscription purposes, a year is defined as a 365-day-period that starts on the date of initiation of service (for example, March 3, 2005, through March 2, 2006). A month is defined as a 28-to-31 day period that starts on the date of initiation of service (for example, March 3, 2006, through April 2, 2006). A week is defined as a seven-day period that starts on the date of initiation of service (for example, Wednesday, March 3, 2006, through Tuesday, March 9, 2006).
Ordering
This SLA and the XYZ Services request "Clickwrap" Form are available directly on the XYZMP3.biz Web Site (www.XYZMP3.biz/hosting). Also, if required/requested there is a "Streaming Services Signature Form" provided at end of this SLA agreement as well as a Printable/Faxable XYZ Services Request Form. This form should be used ONLY if providing information and or making transactions via the Internet is not conducive to your specific needs.
While in most cases Client account creation and activation are generally almost immediate, due to varying payment scenarios (such as E-check, bank/wire transfer, "Snail-mailed" checks, money orders, etc) - XYZ reserves right to require up to five days' notice for the initiation of a new service or for an additional subscription/upgrade to an existing service.
Since "Large-Capacity" or "Specialized" live streaming events may require considerable advance planning, it is recommended that inquiries and or orders be submitted in a timely fashion to ensure adequate support and preparation.
This SLA will remain in force during the fiscal year in which it is executed. It covers all of the current listed services during this period.
Accounts
All XYZ stream hosting accounts and their associated services must be managed by client within the XYZ member section via Web Browser. To become a member, all clients will have needed to complete the simple XYZ member registration form located - http://www.XYZ.biz/hosting. There is NO cost and or Purchase obligation to be a XYZ member but it is required prior to purchase of services. If you already maintain a XYZ member account, login is with your current Username & Password. XYZ securely provides its entire stream hosting clients with easy to use "billing/invoice" and "account status" section, "Station Administration" and "Service' specific management/function/feature configuration capabilities" as well as basic network and port management tool sets. To assure and maintain security of your account and or personal details, please make sure keep your password and username information hidden/secured. Under no circumstances should access to your account be given to anyone other than clients entrusted Employee, Technician, System Admin and or duly assigned agent. XYZ can NOT be responsible and will not accept responsibility for the actions of clients password/user information and account access other than that controlled direct by XYZ.
Billing
Rates for monthly service are invoiced at the end of the calendar month in which the service is initiated. XYZ will notify the client prior to the expiration of a service so that it may be renewed if desired. (Please see your "Client Account" for current/updated details including invoice/billing and current service status).
Refunds
The XYZ staff will endeavor to work direct with the client to determine an appropriate solution to any problem that may arise in relations to clients Streaming Hosting Services. However if no other reasonable solution can be found and a refund should be considered the only recourse, there will be a minimal 10% fee assessed based on the "pro-rated" timeframe left on your account and it's balance.
For example, say your service fee is $30 per month and you have 10 days of service left - the pro-rated refund will be calculated as follows:
($30.00 / 30 days per month) * 10 days left = $10.00 minus 10% fee ($1.00) = Total refund ($9.00)
Please note: For ease of calculation we use 30 days for all calculations, irrespective of the actual exact duration of the current calendar month.
Summary of Steps for Implementing Services
The following steps summarize the process for ordering and beginning services:
1. Potential client visits www.XYZ.com/streamhosting/ and selects their desired "Stream" and "Server" type as well as Maximum bitrate and Maximum concurrent viewers/listeners, or other relevant desired options. You may also select whether you desire "statistics" and you may also select a specific server location from those provided in the list contained in the Services form. Utilize the Cost Estimator/Calculator to get the exact total of your desired services. Once you have read and accepted the "Terms of Use" and this " SLA ", select the "accept" checkbox and click "Continue".
2. All stream hosting accounts must be managed within the XYZ member section. If not a current XYZ member yet, you will need to select "Sign Me Up" and enter the required information and then select continue. If you already have a XYZ account, simply enter your Username & Password into the login form and click continue...
3. Next you will see the invoice/billing statement automatically generated for you based on your service choices/requirements. Make sure to "Double Check" this information before proceeding further! For your convenience you have multiple options to submit payment for your Stream hosting services. Simply select one of the payment options offered/provided and click on "Proceed" button to continue to the final payment process. Simply submit payment as instructed by that process. If your payment method requires payment via Credit Card over phone, simply select that method and follow the provided instructions.
*If method is by Bank/Wire transfer or Check, please note there are "Minimums" for Each!
Please note that any fees charged by the bank will be debited against your payment, so make sure to send enough to cover all fees. Also note that the minimum amount we accept is $150.00! If we receive less than $150.00, we will add a $15 handling fee to your account.
If payment is made by Check or Money order via normal snail-mail. Please note that the minimum amount we will accept is $50.00! Please note that if we receive a check for less than $50.00, we will add a $15 handling fee to your account!
4. Once payment clears, your account will be created and you will be emailed with further instructions.
5. Now that the payment process is completed you may login to your account located at http://www.XYZ.com/broadcasters/ and begin configuration and management of your purchased services.
OPERATIONS AND TROUBLESHOOTING
Monitoring XYZ maintains, manages, and monitors XYZ services 24 hours a day. Change control and server configuration management are essential to ensure quality of service. Patches and security upgrades are applied if vulnerabilities are identified and evaluated. All upgrades follow the XYZ change and security patch management process. Ordinarily, XYZ performs routine system upgrades during XYZ regular maintenance windows on Sundays from 9:00 a.m. to 12:00 p.m. Central Time. If routine maintenance is scheduled outside of these windows during periods of subscription, three business days' notice to the client's technical contact will be provided. XYZ has maintenance contracts on all of XYZ equipment and is committed to resolving hardware failures within 24 hours of identification of the problem. Port utilization is monitored on a daily basis and additional ports will be added within 60 days if utilization reaches 80% for more than five consecutive days.
Denial of Service/Port Attack
In the event of a Denial of Service or Port Attack, we may need to disable the service to avoid the attack affecting all services. The account will be extended for 1 day if the service is down more than an hour, but less than 24 hours. If the downtime is more, the account will be extended for the same duration. If attacks continue on a service on a regular basis the account might be cancelled and refunded on a pro-rated basis to the client.
Technical Support and Troubleshooting
The XYZ staff is available to answer technical questions. Issues related to set-up, software and network configurations, firewalls (if necessary) and operations will be addressed prior to or during the implementation period in order to resolve any problems prior to initiation of service.
If a technical problem develops during operations, clients should endeavor to troubleshoot it to the best of their ability before making a trouble ticket or call to the XYZ Customer Support Center .
The Support Center general hours of operation are Monday through Friday, 9AM - 6PM CST. The phone number is (512) 535-6459 or visit our contact page
Clients have responsibility for reporting problems to the Support Center . A trouble ticket will be opened, documented, and tracked. The Support Center will endeavor to diagnose and remedy the problem, and will escalate the issue if necessary. All troubleshooting will be done remotely. The client should have the following information available when contacting the Support Center : name, contact information, and the name/ID of the Streaming Media account. Clients should also keep a log with a detailed description of any technical problems they encounter. XYZ responsibility is limited to the software, hardware, and network elements under XYZ control. LAN and WAN elements are ordinarily the responsibility of the client or the client's commercial Internet Service Provider. XYZ can assume no responsibility for troubleshooting public or private network elements, desktops, or other end point applications that experience problems when trying to access/utilize client streaming media services.
XYZ does provide support for issues not under its direct control though - but the support may carry a fee.
XYZ STREAMING SERVICES SIGNATURE FORM
Acceptance
This Agreement is entered into by ____________________________________, hereinafter referred to as the Client, and XYZ, hereinafter referred to as XYZ. This agreement is subject to all applicable Local & State policies and provisions whether or not expressly stated as part of this Agreement.
The Parties acknowledge that they have read, understand, and accept the terms and provisions of the XYZRADIO Streaming Media Services described in this Service Level Agreement, hereinafter referred to as the SLA . This SLA constitutes the entire Agreement between both Parties and supersedes all other communication, written or oral, related to the subject matter.
This SLA shall be effective upon the date of execution by both Parties for the remainder of the fiscal year.
For the Client
____________________________________________
Name & Title (please print)
____________________________________________
Signature
____________________________________________
Date
For XYZ
_____________________________________________
Name & Title (please print)
_____________________________________________
Signature
_____________________________________________
Date
To the Client: Please fill out and sign this page and fax it to XYZ at 801-729-5122, along with a completed and signed "Streaming Services" Form, so that the ordering process may begin immediately. The original signed page should then be mailed to XYZ, attention STREAMING SERVICES, at the address at the bottom of this document. A copy of the form signed by XYZ will be faxed back to you.
Address:
XYZMP3.com
2900 S. Congress Ave Suite 210
Austin , Texas 78704 USA
XYZ Streaming Media Services Form
Non-electronic signup form - Please complete and fax or email to us.
_____________________________________________
Organization/Company
_____________________________________________
First Name & Last name
_____________________________________________
Email address
_____________________________________________
Phone number
_____________________________________________
_____________________________________________
_____________________________________________
Address
Services needed (Mark with X)
Live stream hosting: _________ viewers at ___________ kb/s of type [SHOUTcast/ FLV]
_____________________________________________
Signature
_____________________________________________
Date
XYZ Terms Of Service agreement
1. Agreement. This is an agreement between you and XYZMP3.com regarding your use of XYZMP3.COM's hosting service allowing you access to stream/broadcast content and other communications services (The "XYZ.com Service"). This agreement governs the terms and conditions under which XYZMP3.COM makes the XYZMP3.COM Service available to individual consumers through a personal computer or similar access device and a communications connection (such as modem, telephone line, or other telecommunications connection), or to individual consumers or small businesses in connection with XYZMP3.com stream hosting or similar service. Under this agreement, you must comply with XYZMP3.com's then-current "Acceptable Use Policy," as updated from time to time by XYZMP3.com, which can be viewed at http://www.XYZ.com/legal/agreement.html which is incorporated in this agreement by reference. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. DURING THE SIGNUP PROCESS, BY CLICKING ON THE BUTTON MARKED "Sign up!", AND BY ENTERING YOUR SUBSCRIBER INFORMATION AND OR SUBMITTING PAYMENT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND XYZMP3.com's ACCEPTABLE USE POLICY. 2. Amendment.XYZMP3.COM may modify this agreement or the Acceptable Use Policy at any time in its sole discretion. Any modification is effective immediately. If any modification to this agreement is unacceptable to you, you may immediately terminate your subscription as provided in Section 19 below. However, if you do not terminate your registration, or continue to use the XYZMP3.com Service, following modification to this agreement, your continued use will mean that you have accepted that modification. 3. Use of the Service. Under the terms of this agreement, you may only use the XYZMP3.com Service through the number of communication channels and for which you have purchased service. You may not connect to the XYZMP3.com Service through more than one telecommunications connection at any given time. 4. Disclaimer. The XYZMP3.com Service is provided on an AS IS, AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.XYZMP3.COM EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE XYZMP3.COM SERVICE WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY XYZMP3.com, ITS EMPLOYEES, LICENSORS OR THE LIKE, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. The terms of this Section will survive any termination of this agreement. 5. Information and Products. You acknowledge that except for information products or services clearly identified as being supplied by XYZMP3.com, neither XYZMP3.com nor any of its suppliers, licensor, or affiliates ("Affiliates") operates or controls any information, products or services accessible through the XYZMP3.com Service in any way and that, except for such XYZMP3.com identified information, services or products, all merchandise, information and services offered or made available or accessible through the XYZMP3.com Service are offered or made available or accessible by third parties who are not affiliated with XYZMP3.com or its Affiliates. YOU ACKNOWLEDGE THAT USE OF THE XYZMP3.com SERVICE IS AT YOUR SOLE RISK AND YOU AGREE THAT ANY INFORMATION, SERVICE OR PRODUCT ACCESSIBLE THROUGH THE SERVICE IS WITHOUT WARRANTIES OF ANY KIND BY XYZMP3.com AND ITS AFFILIATES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. The terms of this Section will survive any termination of this agreement. 6. Commerce on the Web . Through your uses of the XYZMP3.com Service, you may have opportunities to order and purchase merchandise or services from other subscribers to the XYZMP3.com service and users of other communications outlets such as the Internet. You further acknowledge that all transactions relating to merchandise or services offered by you through the XYZMP3.com service, including but not limited to the purchase terms, payment terms, warrantees, guarantees, maintenance and delivery terms for such transactions are agreed to solely between you and third party purchasers.XYZMP3.COM and its affiliates make no warranties or representations whatsoever with respect to your goods and services, or with respect to the qualifications of any third party purchaser. 7. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL XYZMP3.com, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE XYZMP3.com SERVICE, including but not limited to reliance on any information obtained on the XYZMP3.com Service; or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to XYZMP3.com's records, programs or services. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT XYZMP3.com IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM XYZMP3.com OR ITS AFFILIATES. The terms of this Section will survive any termination of this agreement. 8. Charges. You agree to pay XYZMP3.com the then-current monthly charges for the XYZMP3.com Service. You may find information regarding current rates for using the XYZMP3.com Service by viewing XYZMP3.com's Web page at http://www.XYZMP3.com/ under the section designating the service you have chosen. The Acceptable Use Policy may contain additional charges for particular services. Customer agrees that XYZMP3.com may pre-charge Customer's monthly service fee to the credit card supplied by customer during registration. If XYZMP3.com does not receive the full amount of Customer's XYZMP3.com Service account balance within 30 days of the invoice date or billing date, the lesser of an additional 1.5%, or the highest percentage allowed by law, of the outstanding balance may be added to your bill as a late charge each month and will be due and payable immediately. The specific service you have chosen may offer you the choice of additional payment terms, including without limitation pre-payment terms.XYZMP3.COM reserves the right to increase fees, surcharges, monthly subscription fees or to institute new fees at any time upon 30 days prior notice.XYZMP3.COM may reduce any fees at any time without notice. In the event that your account is terminated or canceled, on-line time credited to your account is not convertible to cash or other form of credit. All XYZ stream hosting accounts will auto-renew after 30 days and incur another charge to your account unless cancelled. 9. Cancellation. In order to not incur any further billing at XYZ, you must cancel your account(s) with XYZ. This can be done by going into your account and clicking "cancel" in My Services. Alternatively you can contact XYZ via phone or by our HelpDesk to cancel your account. You can find our contact details at http://www.XYZ.com/contact.html . Accounts will continue to incur charges until they are properly cancelled and you will be liable for these charges. Please see the Refund Policy if you have a balance on your account that needs refunding after cancellation. 10. Station listing. XYZ provides a service of listing station details on public directories like Shoutcast & XYZRADIO. By activating a listen link on the XYZ/RADIO portal you give XYZRADIO express permission to launch a player link to your station. You also further accept full responsibility for any royalty fees associated with your stream. 11. Personal Information. You hereby certify to XYZMP3.com that you are not a minor. (A minor's parent or legal guardian may authorize a minor to use his/her account(s) under supervision by the parent or guardian). For purposes of identification, billing and marketing, you must provide XYZMP3.com with accurate, complete, and updated information required by the registration to the XYZMP3.com Service ("Member Registration Data"), including your legal name, address, telephone number(s), and applicable payment data (for example, a credit card number and expiration date). You must notify XYZMP3.com within 30 days of any changes in your Member Registration Data.XYZMP3.COM may require a copy of a state issued form of identification before making changes to the billing information or registration data on a Customer's account. 12. Accounts and Passwords. This agreement applies to all accounts, sub-accounts, alternative account names associated with your principal account. You are responsible for the use of each of your accounts, whether used under any name or by any person, and for ensuring full compliance with this agreement by all users of that account. A XYZMP3.COM Service account may not be transferred without prior written approval from XYZMP3.COM. You are responsible for maintaining the confidentiality of your passwords. In the event of a breach of security through your account, you will be liable for any unauthorized use of the XYZMP3.com Service until you cancel XYZMP3.COM customer service can be contacted at info@xyzmp3.com. 13. OFFENSIVE MATERIAL. YOU UNDERSTAND THAT INFORMATION AVAILABLE TO YOU THROUGH THE XYZMP3.com SERVICE MAY INCLUDE MATERIALS THAT ARE UNEDITED, SEXUALLY EXPLICIT OR OFFENSIVE TO YOU AND THAT YOUR ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK.XYZMP3.COM AND ITS AFFILIATES HEREBY DISCLAIM ANY RESPONSIBILITY FOR OR CONTROL OVER SUCH MATERIALS. 14. At-Will Termination. This agreement will become effective on the date XYZMP3.com receives your first payment, and will remain in effect billing-month-to-billing-month unless terminated by either party pursuant to this agreement. You may terminate the agreement and your subscription at any time for any reason or no reason.XYZMP3.COM may immediately restrict, suspend or terminate without notice, your access to and use of the XYZMP3.com Service upon any breach of this agreement, including the then-current Acceptable Use Policy.XYZMP3.COM may also terminate the agreement at any time for any reason or no reason, upon 10 days' prior notice. In the event of any termination for breach of this agreement, you may not establish a new subscription with XYZMP3.com for one year from the date of termination. Upon and after termination,XYZMP3.COM will not be obligated to provide you with access to any stored information or content related to your account. Your only right with respect to any dissatisfaction with any terms, rules, policies, guidelines, or practices of XYZMP3.com in operating the XYZMP3.com Service, any change in the content of the XYZMP3.com Service, or any change in the amount or type of fees charged in connection with the XYZMP3.com Service, is to terminate this agreement by delivering notice to XYZMP3.com, effective the day XYZMP3.com receives notification of termination. 15. IP Addresses. If XYZMP3.COM assigns you an Internet Protocol address for your use of the XYZMP3.com Service, the right to use that Internet Protocol address will belong only to XYZMP3.COM, and you will have no right to use that Internet Protocol address except as allowed by XYZMP3.com in its sole discretion in connection with the plan you have selected, during the term of this agreement. 16. Electronic Mail. XYZMP3.COM may, but is not obligated to, block any incoming or outgoing e-mail message that XYZMP3.COM determines, in its sole discretion, is unsolicited or otherwise violates the then-current Acceptable Use Policy.XYZMP3.COM shall not be responsible for lost, misdirected or undeliverable e-mail. 17. Indemnity. Upon request of XYZMP3.com, you shall defend, indemnify and hold harmless XYZMP3.com, its officers, directors, employees, agents and licensees, from any claims, losses, damages, expenses, and fees including without limitation reasonable attorneys fees, arising out of or relating to your use of the XYZMP3.com Service, including without limitation any violation by you of XYZMP3.com's Acceptable Use Policy. The terms of this Section will survive any termination of this agreement. 18. Entire Agreement. This agreement constitutes the entire agreement between you and XYZMP3.com with respect to the XYZMP3.com Service and supersedes all prior agreements between you and XYZMP3.COM. XYZMP3.COM's failure to enforce any provision of this agreement will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. 19. Notices. Any notices in connection with this agreement must be sent to each party as follows: if to Legal Department, XYZMP3.COM, 2900 South Congress Ave. Suite 210, Austin, Texas, USA, 78704 - or online; if to you: either the e-mail address for your account, or the address supplied by you as part of the Member Registration Data. Any notices or communication under this agreement will be deemed delivered to the party receiving such communication on the delivery date if delivered personally to the party; (2) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by US mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile or (5) on the delivery date if transmitted by confirmed email. 20. Force Majeure. XYZMP3.COM will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including without limitation Internet outages, communications outages, fire, flood, war or act of God. 21. General Terms. Interpretation and enforcement of this agreement will be governed by the laws of the state of Texas (excluding its choice of law rules). You hereby consent to personal jurisdiction in the federal and state courts of Travis County , Texas for any action arising out of or relating to your use of the XYZMP3.com Service. The federal and state courts of Travis County , Texas will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. The terms of this Section will survive any termination of this agreement.
|
Refund policy
XYZ and its staff shall always endeavor to work direct with its client to determine an appropriate solution to any problem that may arise in relations to the client's Streaming Hosting Services (Please see SLA). However, if no other reasonable solution can be found and or all resources to resolve the problem have been exhausted and a refund should be considered the only recourse, a refund shall be granted according to the refund policy.
Refunds are granted in two cases:
a) XYZ was not able to deliver hosting to the client as specified in our SLA .
b) Client is not happy with service and requests a refund within 7 days of service activation.
Refund calculation
Refunds are granted on a pro-rated basis minus a 10% fee on the refund amount.
For example, say your service fee is $30 per month and you have 10 days of service left - the pro-rated refund will be calculated as follows:
($30.00 / 30 days per month) * 10 days left = $10.00 minus 10% fee ($1.00) = Total refund ($9.00)
For services that are charged by transfer and/or disk-space usage, i.e. that do not have a fixed monthly cost - the current transfer and disk usage cost accrued will be charged against your account before any refunds are granted.
Please note: For ease of calculation we use 30 days for all calculations, irrespective of the actual exact duration of the current calendar month.
Steps to request Refund:
1. The first thing to do is to email us with the request to cancel service.
2. Next, call us to open a support ticket - or if the refund is requested via phone - insist the staff member provide you with a ticket number. A support ticket will be your only proof of requesting a cancellation & refund.
3. The XYZ staff then will take care of your refund request within 48 hours.
Important policies
1. Refund amounts which are less than $20 will only be refunded via PayPal, or where possible - back to Credit Card. Check payments requires a minimum refund value of $20.00
2. If the client forgets or fails to cancel the service before the expiration date and the service is extended, the client will be charged until the service is properly cancelled and a refund is requested, as outlined above - even if the service was not used during that period.
A support ticket number or signed confirmation from XYZ will be the only accepted acknowledgement of a cancellation & refund request.
3. Failure to use the service - and there was no technical problem under XYZ's control that prevented the client from using the service - will not qualify the client for additional credit days.
4. Overpayments - i.e. when the client forgets to cancel a PayPal subscription for a cancelled service - will be refunded in full.
5. Days credited for downtime or service interruptions may not be exchanged for monetary value.