Referred hereinafter as ‘Shoutcheap.com’, ‘our’, ‘we’ and ‘us’; is an internet service provider. All customers under our service are subject to the terms and conditions described in this document. Under the terms of this agreement, signing up and/or using our service(s) in any form therefore declares that you have read, understand, and agree to the terms and conditions stated below.
reserves the right to make alterations to this document whenever we deem reasonable. It is the clients sole responsibility to check this document for updates on a regular basis.
Last Updated: 4th April 2009
Copyrights & Restrictions
All material on this site, including but not limited to text, images, illustrations, code, scripts and audio clips/live audio is protected by copyrights which are owned and controlled by Shoutcheap.com. Material from this website may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, unless we give you the written permission to do so.
Streaming, Content Hosting & Licensing
Shoutcheap does not actively monitor stream contents and all content broadcast is the sole responsibility of the client.
We do not provide any form of legal cover to individuals or companys who utilize our services to distribute content with any copyright protection. Under no circumstances will Shoutcheap be responsible for the behaviour of our clients or their users when found to be broadcasting protected content. All licensing, copyright and royalty issues are the sole responsibility of the individual clients and/or their production entities.
You may not use our services to distribute adult, racist or any other un-sociable material.
If contacted by an authority in the event of an illegal situation regarding any of the above, we will co-operate fully in any investigations they decide to make against clients found to be breaking the law.
Shoutcheap will make every effort possible to ensure security of client’s data, however due to the large volume of media stored, our standard costs do not include backup of data, please contact us if you would like to arrange this at an extra cost. All data is stored at client’s own risk and we will assume no responsibility for any loss, damage or corruption of files hosted on our servers.
All live streaming purchased from Shoutcheap is limited in bandwidth by a bitrate (X kbps). If you choose to stream above the purchased bitrate on a live server, we reserve the right to terminate your account without warning, refund or explanation.
If your account is suspended because of this, we reserve the right to charge a $5 admin fee to have it re-activated.
Service Availability
We will use reasonable efforts to provide the services 24 hours a day, 7 days a week for as long as you have paid for them. Sometimes, however, for a number of reasons, the services may be unavailable to you. You recognize and acknowledge that occasional unavailability of the services will occur. We make no representation or warranty that the services will be uninterrupted.
Payment, Cancellation and Money Back Guarantee
Our services are billed on a subscription basis unless otherwise specified. Payment will be collected on a specific billing date each month. Failure to pay for services delivered may result in suspension of service and/or late payment fee’s.
Refunds are available for only 24 hours after any payment is made by a new customer, providing the service(s) provided have not been used. It is the clients responsibility to keep track of all payments made. Any refunds given will be minus any setup, admin or processing fee’s.
You are not liable for any form of refund if you have breached the terms of service in any way, which includes exceeding the agreed bitrate limit and broadcasting un-suitable content.
Clients wishing to cancel our service should contact us. Cancelling a PayPal subscription directly may result in an instant termination of service.
Bandwidth and Resources
Shoutcheap offers an unlimited bandwidth policy by maintaining large ratios of bandwidth per customer. In rare cases, Shoutcheap may find a customer to be using server resources (including bandwidth, processing power and stored e-mail) to such an extent that he or she may jeopardize server performance and resources available for other customers. In such instances, Shoutcheap reserves the right to suspend or terminate that account immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of the servers.
Other Concerns
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein. may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
TO THE EXTENT ALLOWED BY APPLICABLE LAW, IN ANY EVENT SHALL SHOUTCHEAP OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
IN NO EVENT WILL OR ITS SUPPLIERS BE LIABLE FOR ANY CLAIM AGAINST LICENSEE BY ANY THIRD PARTY.
IN NO EVENT SHALL OR ITS SUPPLIERS BE LIABLE FOR THE FOLLOWING:
(I) ANY REPRESENTATION OR WARRANTY MADE TO ANY THIRD PARTY BY LICENSEE, ANY DISTRIBUTOR OR THEIR RESPECTIVE AGENTS;
(II) FAILURE OF THE PRODUCTS TO PERFORM;
(III) FAILURE OF THE PRODUCTS TO PROVIDE SECURITY;
(IV) THE RESULTS OR INFORMATION OBTAINED OR DECISIONS MADE BY END USERS OF THE PRODUCTS OR THE DOCUMENTATION. THIS LIMITATION OF LIABILITY IS AN ESSENTIAL PART OF THE BARGAIN UNDER THIS AGREEMENT.
