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Terms of Service

Terms of Service / Acceptable Use Policy


EmpireStreaming / Colo IP Networks, LLC.
Acceptable Use Policy and Terms of Service
Revised: 12/2016

Your use of the services and products provided by EmpireStreaming and Colo IP Networks, LLC. (hereafter referred to as “EmpireStreaming”), constitutes your acknowledgment and agreement to the Terms of Service and Acceptable Use Policy and the terms and conditions set forth herein. You (hereafter referred to as “Customer”) agree to comply with EmpireStreaming’s policies. EmpireStreaming strives to provide the best possible service to customers and will not tolerate any unlawful activity or abuse on our network. If you do not agree to be bound hereby, please notify our billing department at billing@EmpireStreaming.com and EmpireStreaming will close your account(s).

This Acceptable Use Policy (this AUP) as modified and changed, from time to time, shall be in effect and shall govern the terms and conditions of the services provided by EmpireStreaming and agreed to by Customer. Customer’s use of EmpireStreaming’s products and services is subject to Customer’s acceptance and compliance with this AUP. CUSTOMER HEREBY REPRESENTS AND WARRANTS THAT THIS AUP IS READ, UNDERSTOOD, AND ACCEPTED. This AUP may be amended and modified by EmpireStreamig. EmpireStreaming will post changes to the AUP on the legal page of our website at http://www.EmpireStreaming.com/aup. Customer’s use of EmpireStreaming’s services after such posting shall constitute your acceptance of any such amendments or modifications. Customer is responsible for guaranteeing that products and services provided by EmpireStreaming comply with this AUP. EmpireStreaming reserves the right to terminate any such customer.

Customer acknowledges that the service provided is by nature one that can be interrupted for many reasons other than the negligence of the company and that ascertaining damages resulting from any interruption of service are difficult to ascertain. Therefore, Customer agrees that EmpireStreaming shall not be liable for any damages arising from such causes beyond the direct and exclusive control of EmpireStreaming.

Customer further acknowledges that the liability of EmpireStreaming for its own negligence may not in any event exceed an amount equivalent to charges payable by Customer for services during the period damages occurred. In no event shall EmpireStreaming be liable for any special or consequential damages, claims, losses or injuries.

USE OF SERVICES; CHANGE OF SERVICE

EmpireStreaming’s products and services may not be used for unlawful services. Transmission, distribution, storage, or linking of any material in violation deemed unlawful will result in account termination. EmpireStreaming reserves the right to refuse or terminate service to anyone for any reason not prohibited by law. This case will result in no refund. EmpireStreaming reserves the right to modify pricing of services and/or discontinue or change services offered upon notice to the Customer by posting on the EmpireStreaming website.

CONTENT POLICY

All services provided by EmpireStreaming may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any American law is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property rights used without proper authorization, and material that is defamatory, constitutes an illegal threat, violates export control laws, or is otherwise prohibited by US law. Customer agrees to indemnify and hold harmless EmpireStreaming from any claims resulting from such compliance or the use of the service which damages the customer or any other party. EmpireStreaming will be the sole arbiter as to what constitutes a violation of this provision.

IRC POLICY

Legal use of IRC is allowed on our network. IRC may not be used on our network when the intentions are malicious or illegal, e.g. for controlling a bot net, DDOS, or other malicious activities.

SPAM POLICY

EmpireStreaming is committed to a strict anti-spamming policy. Under this, we prohibit spam, or any unsolicited commercial email. All users must comply with all relevant legislation and regulations on bulk and commercial e-mail, including but not limited to the CAN-SPAM Act of 2003. Users are prohibited from operating mailing lists, listservs, or mailing services that do not target an audience that has voluntarily signed up for e-mail information using an a “opt-in” process or that has made their e-mail addresses available to a user for distribution of information. EmpireStreaming will provide customer with information regarding the incident in order to take care of the violation. As a last resort, accounts cancelled due to spam will face a clean-up policy.

BACKUP POLICY

There is no guarantee expressed or implied with backups or backup services. It is the Customer’s responsibility to retain local backups and copies of content and information. If data loss occurs a failure to EmpireStreaming, data will be recovered on a best effort basis.  If data is lost due to negligence of Customer, EmpireStreaming will not be held responsible. Customer is fully responsible for assuring backups are kept.

SECURITY

Violations of our system or network security are prohibited, and may result in criminal and civil liability. EmpireStreaming investigates all incidents involving such violations. Examples of violations include, but are not limited to:

  • Malicious programs (ex: worms, Trojans, viruses, or other malicious activity to promote harm) – Security breaches
  • Circumventing user authentication or security of nay host, network, or account
  • Using any program script/command designed to interfere or disable a user’s terminal session
  • Denying service to any user (ex: DoS, DDoS)
CONSEQUENCES OF VIOLATIONS

If EmpireStreaming is aware of any type of violation, an investigation will take place on Customer’s account. During the investigation, EmpireStreaming may restrict Customer’s access in order to prevent further possible unauthorized activity. EmpireStreaming may restrict, suspend, or terminate Customer’s account and/or pursue other civil remedies. If such violation is a criminal offense, EmpireStreaming reserves the right to disclose Customer’s information and notify the appropriate law enforcement department of such violation. We may enforce this AUP, with or without notice to you, by any action we deem reasonable, in our sole discretion.

Abuse fees are $100 per clean-up and $100 per incident/complaint. This fee may be billed to Customer’s account at EmpireStreaming’s discretion for time spent handling any investigation or abuse reports. Abuse fees are due in full within 24 hours and must be paid before any suspended service may be reactivated. Failure to pay abuse fees by the due date or failure to respond to abuse tickets promptly may result in suspension or termination of all services within the account. Before reactivating suspended services, EmpireStreaming, account must be made current and Customer may be required to incur prepayments for the next billing period.

SETUP TIME

EmpireStreaming typically aims to deploy servers within 7 business days. Due to the time it takes to deploy Customer configurations, some deployments may take up to 60 calendar days to employ. Customer will be notified if the order is expected to take longer than EmpireStreaming’s average deployment time. No refund will be provided for servers that are cancelled while waiting for deployment.

SUPPORT

Support is available 24/7/365 for all products and services under EmpireStreaming. Our SLA is only available to customers who open tickets by emailing support@EmpireStreaming.com or through the management portal available at https://manage.EmpireStreaming.com. Support will be given on a “best effort” basis. We strive to respond to support tickets within 30 minutes of receiving them. Basic works not covered under existing service agreements will incur a fee of $20/hr, as per our Extended Support option. For more advanced works, customer may incur a fee of up to $200/hr, depending on the situation.

RDNS

RDNS entries can be submitted via tickets by emailing support@EmpireStreaming.com or through the management portal available at https://manage.EmpireStreaming.com/. RDNS entries will be completed within two business days.

BANDWIDTH & OVERAGES

Bandwidth used in excess of your allotted amount will be charged at $0.50 per gigabyte of data transfer or $80/mbps for 95th percentile, depending on the billing method specified on each service for a Customer in the customer portal. EmpireStreaming reserves the right to reduce a customer’s port speed if the customer is expected to exceed their allowance, this cap will remain in place until Customer provides a deposit for estimated overages or upgrades their bandwidth plan so that their expected usage will not incur any overages.

RESOURCE ABUSE

Customer acknowledges that services provided in a shared environment, including, but not limited to, virtual servers, shoutcast and icecast hosting, and shared hosting, may have limits imposed that are determined at EmpireStreaming’s discretion. Customer furthermore acknowledges that EmpireStreaming may require Customer to upgrade or suspend account, without warning, if issues are caused to other customers.

UNLIMITED STREAMING

Customer acknowledges that there are limits imposed on Unlimited Streaming packages. EmpireStreaming will contact customer when issues arise and will follow Resource Abuse protocols.

USER INFORMATION

Customer has the sole responsibility of making sure that complete contact and billing information is updated and provided to EmpireStreaming. EmpireStreaming will not be held responsible for inaccurate information.

PAYMENTS

Invoices are sent fourteen (14) or more days before the invoice is due. Failure to make payment on time may result in suspension of service or a late fee at the discretion of EmpireStreaming. Any account with an invoice that is five (5) or more days past due may be treated as an abandoned account and all services may be suspended or permanently terminated at the sole discretion of EmpireStreaming. Suspension of account does not eliminate debts to EmpireStreaming. For Colocation accounts, EmpireStreaming reserves the right to hold customer equipment as collateral. Customer has up to three (3) months to pay all debts before equipment is considered abandoned.

CANCELLATIONS

You may cancel your services by providing us with at least thirty (30) days cancellation notice via a ticket by emailing support@EmpireStreaming.com or through the management portal available at https://manage.EmpireStreaming.com/. If you fail to provide notice 30 days before the end of your billing period you agree to be billed for 1 more period. Cancellations of services are effective immediately. EmpireStreaming reserves the right to no longer honor a service or product after it has been cancelled.

REPORTING ABUSE

Any party seeking to report any violations on EmpireStreaming’s network, please email abuse@EmpireStreaming.com

REFUND POLICY

30-Day Risk-Free Guarantee on web hosting services such as shared hosting or VPS. Due to the nature and costs associated of other products and services, no refund will be provided. This includes, but is not limited to, dedicated servers, colocation, bandwidth services, and domain servers.

INDEMNIFICATION

Customer agrees to save harmless EmpireStreaming from and against all losses, damages, actions or causes of action, suits, claims, demand, penalties and interest arising in connection with or out of any such services hosted by EmpireStreaming.

LIMITATION OF LIABILITY

EmpireStreaming shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from EmpireStreaming servers going off-line or being unavailable for any reason whatsoever. Furthermore, EmpireStreaming shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any website or data from one of EmpireStreaming’s servers. All damages therefore shall be limited to the immediate termination of service.

DISCLAIMERS

Customer agrees that EmpireStreaming cannot be held liable for system downtime, crashes, or data loss nor can EmpireStreaming be held liable for any predicted estimate of revenues or profits in which a Customer would have received or obtained if its site was functioning. Customer acknowledges that certain services provided by EmpireStreaming are resold. Thus, certain equipment, routing, software, and programming used by EmpireStreaming are not directly owned or written by EmpireStreaming. Moreover, EmpireStreaming holds no responsibility for the use of our customers’ accounts. Upon the breach of any terms or conditions, EmpireStreaming has the right to immediately deactivate the account(s). EmpireStreaming reserves the right to remove any account without advance notice for any reason without restitution as EmpireStreaming sees fit. Furthermore, EmpireStreaming retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without prior notification. Customer agrees that the posting of any change(s) to the above Policies, Guidelines, and Disclaimer on the EmpireStreaming website shall constitutes sufficient and actual notice to Customer of the Policies, Guidelines, and Disclaimer then in effect.

TERMINATION

If Customer fails to insert the minimum number of commercials outlined in the Platform Agreement, agreements made verbally/via ticket, or default minimum of 4 minutes per hour (or 3.5 minutes with pre-roll audio ads), Customer may have their account terminated immediately by EmpireStreaming. EmpireStreaming RESERVES THE RIGHT TO TERMINATE ANY CUSTOMER, AT ANY TIME, FOR ANY REASON.

AD INSERTION REVENUE DISTRIBUTION

We target to distribute revenue share payments 105-140 days after the end of each month. Payments will be distributed within 14 days of us receiving them from our demand partners provided that the client has invoiced us for that month. EmpireStreaming will not be held liable in any way if a payment is late and will not pay a late fee.