Terms of Service
Use of Roarcast (Roarcast.com) constitutes acceptance and agreement to Roarcast.com T.O.S. (Terms of Service) and A.U.P.
This agreement is between Roarcast (Roarcast.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 Roarcast.com.
If a Roarcast.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.
Roarcast.com may not be used for illegal purposes, or in support of illegal activities. Roarcast.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. Upon overstreaming, clients will receive an email warning them of the breach of ToS and will be automatically kicked from streaming. Continuous overstreaming can and will lead to account termination.
Client agrees to take sole responsibility for all content, including audio streaming, web pages, and any other service that is utilized. Roarcast.com is not liable for any action taken against a client as a result of their stream content or web content.
3. Content Restrictions
Roarcast.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.
Client is solely responsible for any applicable license fees for their location. Roarcast.com does not award free licensing to clients, such as ASCAP, BMI, SESAC, RIAA, SIAE, GEMA or CARP. All licensing fees are not included with server purchases. Please contact Broadcast Music, Inc. (BMI), or The American Society of Composers, Authors and Publishers (ASCAP) to learn more about licensing music.
Roarcast.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. Roarcast.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, Roarcast.com shall not be liable for any indirect, incidental or consequential damages sustained or incurred in connection with lost data. Roarcast.com is hereby waived of any legal obligation pertaining to the use of our service.
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.
Roarcast.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.
Payment for services will be collected before an account is created. All accounts are charged on a pre-paid basis. Prepaid accounts last for the term of the pre-payment, and must be renewed before the expiration of the server. All expired servers are subject to termination 30 days after the expiration date.
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, Roarcast.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.
As accounts are all paid for on a pre-paid basis, so we are unable to cancel any active server. You may, on the other hand, allow the server to expire and simply not renew it. Client also understands and agrees by this TOS that all payments to Roarcast.com are non-refundable.
Roarcast.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).