TERMS OF SERVICE
We do have a few rules that you should stick to, read them here!
We have a few rules, to keep streaming fun for everybody!
The Service is provided to authorised persons or organisations (referred to in this document as "Subscriber" or "you"). Any use of the service is subject to any restrictions listed below. By using the Service, you agree to be bound by all of theses Terms and Policies. If you do not agree to be bound by these Terms and Policies, you must cancel your account immediately and may not thereafter use or attempt to use the Service.
This TOS specifically relates to services provided by SHOUTca.st, and does not cover any other entity, thus meaning you are unable to claim fault of service due to a third-party.
Coverage - If you are an individual Subscriber, these Terms and Policies apply to all persons who gain access through your account. If you are a commercial Subscriber, these Terms and Policies apply to all your employees, agents and/or customers. In either instance, a violation of these Terms and Policies by anyone using your account will be treated as a violation by you. The Terms of Service specifically relate to services provided by SHOUTca.st; external matters are not at the discretion of SHOUTca.st.
Suspension/Termination - SHOUTca.st reserves the right to suspend and/or terminate any service at any time if we see fit, or if you are found to be abusing these Terms.
Our Staff - Our staff deserve the right to work in a safe, and non-abusive environment. As such, we kindly remind you that swearing, or being abusive towards our staff is prohibited.
Prices and Charges - SHOUTca.st provides the use of Centova Cast and other control panels to you free of charge, but if through misuse or through abuse on your part we incur any charges, we reserve the right to pass these charges on to you. We reserve the right to increse or otherwise make changes to our pricing as and when the need arises.
VAT - SHOUTca.st is part of Unmuted Limited, a registered company in England and Wales. Our prices are inclusive of VAT and our VAT registration number is: GB304810341.
Refunds - SHOUTca.st only allow refunds within the 7 days from order, cooling off period. The user is entitled to the whole amount that was given to SHOUTca.st via the selected payment method. Addon services such as extra listeners slots, port changes and Station Promotion packages are not eligible for refund. SHOUTca.st reserves the right to deny any client a refund if these terms are violated. SHOUTca.st reserves the right to refuse to refund for any reason and/or waive the "cooling off period" should there be a valid reason to do so.
(i) Any free account found inactive 15 days after your initial signup, can be terminated without prior notice. If you believe that the server won't be used for several weeks due to a holiday - you can contact us and we will add a note next to your account, so your account will not be terminated. This is to help keeping our servers up and running for each and every user, free or paid.
(ii) Any user found with more than one free account will have BOTH accounts terminated. Users must upgrade to a paid plan if they want to have multiple accounts.
(iii) In April 2020, we changed our free account offer to a free trial offer. Moving forward, all Free plans will be converted to a free trial lasting no longer than 7 days and we no longer offer the free plan.
(i) You are able to use the bandwidth allocated to your account providing it is reasonable and does not equate to a disproportionate amount of resources.
(ii) Bandwidth allocation resets on the 1st of every month, you may find that you are suspended for exceeding your bandwidth allowance - you may either wait until the 1st of the month to reset this allowance or upgrade your package for a cost where permitted.
(iii) We safeguard our network against unfair use of allocated bandwidth, especially where bandwidth is offered on an 'unlimited' basis, if you are found to be using a disproportionate amount of resources, we reserve the right to protect our network. For more information, please see our detailed Fair Usage policy listed below.
(i) Any account found with potentially fake and/or fraudulent data risks suspension and/or termination unless the information is rectified.
(ii) Any account found with inconsistent information will also be subject to suspension unless the information is rectified.
We’ve created this Fair Usage Policy (FUP) to safeguard our clients against high usage of our services which may in turn affect the quality of service for clients using this service. This Fair Usage Policy exists to ensure high-quality, high-speed and high-availability services remain available to all clients using any of our services. This Fair Usage Policy applies to all users of, and visitors to our Site.
’We’/’Us’/’Our’/Unmuted Limited means the limited liability company that owns the website SHOUTca.st. Our company number is 11574378. We’re registered in England and Wales at the registered office address: 4 Chapel Court, 42 Holly Walk, Royal Leamington Spa, Warwickshire, CV32 4YS.
SHOUTca.st/Our site/Site/Website means the website https://shoutca.st/, owned by Unmuted Limited and/or any of its subsidiary or affiliated companies/websites.
Services means any service we provide or list for sale on our Site.
Client means the party which has entered into an agreement with SHOUTca.st and to whom our services will be provided.
User means any party which uses our services.
Content means any content you upload, broadcast, write or publish, in connection with or by using our Services.
Our services are used by tens of thousands of Clients (‘You’) and we (‘SHOUTca.st’) want to make sure that our services are always fast, reliable and available for them to use. This means that we need to safeguard against disproportionate usage by some heavy-duty service users. We offer an Unlimited (‘Pro’/’Pro+ (plus)’) plan for our SHOUTcast, Cast and Icecast services (including Resellers) -- generally, even large (>500 daily concurrent listeners) stations won’t trigger our monitoring system. However, clients that have an exceptionally large listenership may begin to use resources that should be fairly distributed amongst all of the clients on our servers -- the bigger your audience, the more bandwidth and server resources are required to maintain your station. Understandably, this can put a strain on our Shared Servers (these are servers which you and other clients use together).
During periods of peak usage (this is when the greatest amount of people are using our services), this Fair Usage Policy restricts the available bandwidth and listener slots that users of our ‘unlimited’ (Pro/Pro+(plus)) plans can use if their usage amounts to a disproportionate amount of resources (this may be defined as using over 20% of any server’s memory/network/processing power or any other compelling circumstances (10+% of overall server disk space usage) in which we feel they are causing a strain on the service).
We monitor each user’s total bandwidth and listenership throughout each month to identify those using a disproportionate amount of resources. At the start of each month, the monitoring is reset to zero to ensure that all clients are given a clean slate, making our Fair Usage Policy as equal as possible in determining those that may be using a disproportionate amount of resources.
Acceptable use of the service is defined as (where applicable and is not limited to) keeping within the limits and/or restraints set by your package. Where ‘unlimited’ is stipulated, this typically means that you are free to use the service in whatever legal/lawful manner you wish providing it does not use a disproportionate amount of resources (server processing power, hard disk space, bandwidth allocation, etcetera). Our service may be used to broadcast music, spoken word, news and any other genre or type of audio as long as it is legally acceptable as defined by legislation in both the United Kingdom, the location of the server(s) and the location of the broadcast. In the case of ‘Reseller’ servers, you are permitted to resell (at a price defined by you) accounts on your resellers to your own customers. This Fair Usage policy will also apply to them and by extension yourself. This applies to all customers except where expressly stated otherwise.
Unacceptable use of the service is defined as (but is not limited to) using a disproportionately large amount of resources, this could be from anything to using over 10% of our allocated server disk space, using a significant (10TB+) amount of bandwidth on a monthly basis and/or using a large amount of processing power (20% of the available processing power)/memory usage and/or any other activity which we deem at a later date to be under this definition.
Use of our services must be lawful and legal, you cannot and must not use our services for anything which could be deemed unlawful/illegal, you must adhere to legislation in the country in which you reside, the UK and the country in which the server(s) are located. We reserve the right to immediately terminate access to services for any client(s) that do not adhere to this notice. We work, where required or asked, fully in compliance with law enforcement agencies. We will not tolerate hate speech, discussion of child exploitation, bullying or threats being issued using our service.
You have sole responsibility for the Content to which you submit, upload or broadcast using our Site and/or Services and the views and opinions expressed by any contributor to the Site are not necessarily those of Unmuted Limited or any of its members or subsidiaries. To the extent permitted by law, Unmuted Limited hereby excludes responsibility and liability (express or implied, contractual, tortious or otherwise) for any Content and you shall indemnify Unmuted Limited and shall keep it fully and effectively indemnified on demand from and against all actions, claims, losses, liability, proceedings, damages, expenses, costs, business interruption and any other pecuniary or consequential loss (including legal expenses and costs) suffered or incurred by Unmuted Limited and arising directly or indirectly out of receiving, storing, using and the publication of Content submitted by you to Unmuted Limited.
We reserve the right to monitor and investigate for breaches of this Fair Usage Policy and Terms of Service, we aim to immediately notify any client(s) that breach this policy and provide instructions on how they can correct the issue. We reserve the right in all cases to suspend, terminate or restrict access to any account(s) held by clients that breach this policy. We also reserve the right to limit disk usage, bandwidth usage, RAM/memory usage and CPU usage of any account(s) identified as using a disproportionate amount of resources to ensure our servers are running well and without interruption for our clients.
By accepting our Terms of Service at the point of your account creation, you also agree to and will adhere to this Fair Usage Policy.
Last Updated - 17/01/2022 at 19:21 - (UK time)
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