Terms Of Service T.O.S.
TERMS ACCEPTABLE USE POLICY A.U.P
» Limitation of Liability Statement for Streaming Pulse Inc.:
At Streaming Pulse Inc., we hold ourselves to the highest standards of accuracy and reliability. However, we recognize that errors can occasionally occur. Here's our commitment to you regarding any inaccuracies or errors:
» Disclaimer of Responsibility: Streaming Pulse Inc. accepts no responsibility for typographical errors or inaccuracies within the content provided on our platform. While we strive for accuracy, we acknowledge that errors may arise. Therefore, all information and materials are provided on an "AS IS" basis without any warranty of any kind.
» Disclaimers of Warranties: We explicitly disclaim any warranties, whether express or implied, regarding any matter whatsoever related to or referenced by our platform. This includes but is not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
» Modification Rights: Streaming Pulse Inc. reserves the right to modify product and service information on our platform without prior notification to current or prospective customers. We continually strive to enhance and improve our offerings, and updates may occur to reflect these efforts.
» Limitation of Liability:In no event shall Streaming Pulse Inc. be liable for any indirect, special, incidental, or consequential damages arising out of the use of or reliance on the information contained on our platform. This includes any payments made based on said information.
» Your Trust Matters: We value the trust you place in us as your streaming partner. While we aim for perfection, we acknowledge the possibility of human error. Rest assured, we are committed to addressing any inaccuracies promptly and transparently.
» Section 1: Price and Availability Policy for Streaming Pulse Inc.
We prioritize transparency and clarity in our pricing and availability information. Here's how we ensure fairness and reliability:
- Currency and Pricing Guarantee:
All payment transactions are conducted in U.S. dollars (USD), providing a standardized and straightforward payment process. Our pricing is guaranteed for the agreed-upon term of payment, offering you peace of mind and financial predictability.
- Price Adjustments and Changes:
While we strive to maintain stable pricing, Streaming Pulse Inc. reserves the right to adjust prices as needed. However, any changes will be communicated transparently, and we will honor the agreed-upon terms for the duration of your payment term.
- Dynamic Pricing and Global Availability:
Prices and availability information outlined on our platform are subject to change without prior notice. Please note that certain products or services may not be available in all countries. We aim to provide equitable access to our offerings globally, but regional variations may apply.
- Product Announcements and Future Plans:
References to Streaming Pulse Inc. products, services, and programs on our platform may include items not yet available in your country. These references do not imply immediate availability or intention to release such products or services in your region. Additionally, mentions of future planned products are indicative only and may not materialize. Estimated ship dates for future products are provided for planning purposes and are not guaranteed.
» Section 2: Suspension Policy:
At StreamingPulse Inc., we uphold a commitment to maintaining a secure and reliable network environment for all our clients. To ensure the integrity of our services, the following suspension policy is in effect:
- a. Arrears Suspension:
If an account remains in arrears for more than 3 days, the account will be suspended to prevent further usage until outstanding payments are settled. If an account remains in arrears for more than 7 days, it will be closed, and all files will be deleted from the server. Additionally, the port number will be re-issued for future use.
- b. Debt Collection:
StreamingPulse Inc. reserves the right to refer overdue accounts to a debt collection agency. All charges incurred during the collection process will be the responsibility of the client.
- c. Server Suspension:
Late or missed payments for one or more servers will result in the suspension of all servers associated with the account until full payment is received.
- d. Prohibited Activities:
Any engagement in unsolicited email messaging or mass mailing of unsolicited advertising material by the client is strictly prohibited.
Any activities that pose a potential threat to the StreamingPulse Inc. network, client networks, or other networks, including traffic flooding or malicious overflows, are prohibited.
- e. High-Quality Service Standards:
We strive to maintain the highest standards of service quality. Consequently, we reserve the right to deny services to any client whose usage places undue burden on our servers, networks, or third-party vendors' servers or networks.
- Our Commitment to Excellence:
We prioritize the satisfaction and security of all our clients. By adhering to these suspension policies, we aim to uphold the integrity of our network and ensure a seamless experience for all users.
» Section 3: Cancellation Policy:
This Agreement becomes effective upon its signing and remains in force for an initial term of 1 month from the date the Services become available to the Client. Thereafter, it continues indefinitely until terminated by either party, with a minimum of 30 days' prior written notice to expire on or after the expiry date of the initial term.
- a. Cancellation requests must be submitted via a ticket to the billing department (Cancellation Request).
- b. We do not accept cancellation requests over the phone.
- c. Cancellation requests can only be initiated by the account holder.
- d. Without a 30-day prior notice of cancellation, the account will remain responsible for charges.
- e. If a cancellation request is made without the required 30-day notice, automatic recurring payments will continue using the originally selected payment method.
- f. Servers established prior to cancellation are not eligible for credit or refund.
- g. Cancellation requests must be submitted from the main email address associated with the Streaming Pulse Inc. account.
- h. Upon cancellation of a server in arrears, all related services and applications (including iOS and Android) will be terminated.
- i. Cancellation requests must include the IP Address and Port, Application Name of the server plan you wish to cancel (for both individual and reseller accounts).
» Section 4: Downgrade Server Policy:
- a. Downgrades to your services (excluding any reseller plans) must be confirmed via email from the Primary Account Contact.
- b. You acknowledge that a period of downtime or migration of your services may occur during a downgrade. While we strive to provide prior notice of any potential disruption, you agree that this does not alter the indemnity or liability terms.
- c. Upon receiving your downgrade request, we will initiate the process in accordance with our cancellation terms, which includes a 30-day notice period for the downgrade.
- d. If the notice period extends beyond the next renewal date of the service, a final renewal invoice will be generated.
The downgrade will then take effect on that date.
- e. Final renewal invoices are typically generated on a monthly basis, irrespective of the service's historic renewal cycle.
- f. If the notice period concludes before the next renewal date of the service, the downgrade will occur on the subsequent renewal date.
- g. Pause: Services may be placed on hold for a maximum period of three (3) months. After this period, the port will be reassigned to a new client. A one-month deposit is required to initiate a three-month hold. Please note that this does not apply to reseller or dedicated server plans.
- h. We will make efforts to cancel any invoices that have already been generated for services that would no longer be due for payment following your downgrade request, provided these invoices are not yet due for payment as per the terms outlined above.
- i. No refunds or credits will be issued, and no refund expectations should be anticipated, for any downgraded services or parts thereof, regardless of the downgrade date.
» Section 5: Refund Policy :
Once streaming service has been set up, payment will not be NON-REFUNDABLE! for any reason. (More info @S.L.A.Service Level Agreement)
» Section 6: Indemnification Clause:
By using our services, you agree to indemnify and hold StreamingPulse Inc., along with its officers, employees, affiliates, and agents, harmless from any claims, demands, or legal actions, including attorneys' fees, arising from your direct or consequential use of our site or any breach of these terms and conditions.
» Section 7: Billing Disputes and Chargebacks Policy:
At Streaming Pulse Inc., we aim to resolve billing disputes promptly and fairly. Here's what you need to know:
- Dispute Window: We will address billing disputes made within 30 days of the charge in question. You have 30 days from the original charge date to dispute any discrepancies on your account. All disputes should be communicated via our Billing Support Ticket.
- Responsibility for Fees: If a dispute is not reported to customer support within the 30-day window, the member will be held responsible for any associated fees. Additionally, if applicable, Streaming Pulse reserves the right to pass through a credit card chargeback fee of $30.00 per incident, as assessed by the member's credit card company.
- Legitimate Disputes: In cases where a disputed charge is deemed legitimate by Streaming Pulse, the member who initiated the dispute with their credit card company will be responsible for all chargeback fees incurred by Streaming Pulse as a result of the dispute. We encourage members to address billing disputes directly with us via our Billing Support Ticket. rather than disputing charges with their credit card company.
» Section 8: Content Policy:
Client acknowledges and accepts sole responsibility for all content, encompassing audio-video streaming, web pages, and any other services utilized.
StreamingPulse Inc. shall not be held liable for any actions taken against a client due to their stream or web content. Certain types of content and usage are strictly prohibited from interaction with our services. We reserve the right to remove or suspend all or part of your services if any breach of these specific terms is detected.
» Specifically Prohibited Content and Usage:
- a. Indecent or offensive content.
- b. Copyrighted material for which the client does not hold rights.
- c. Content that violates English law.
- d. Content related to illegal drug usage, accessories, or the sale of "legal highs."
- e. Content that promotes criminal acts or constitutes a criminal act.
- f. Pirated content in any form.
- g. Content that promotes discrimination or prejudice.
- h. Use of peer-to-peer software for unauthorized content transfer or download.
- i. PHP shell scripts in any form.
- j. Chat, IRC, and web proxy scripts.
- k. Mailing lists or newsletter scripts on shared or free hosting platforms.
- l. Content used for sending unsolicited commercial email (UCE).
- m. Content intended to breach or attempt to breach the security of any service or software.
- n. Malware, spyware, or content containing or aiming to spread viruses.
- o. Content linking to, redirecting to, or displaying prohibited items.
- p. Transmission of bulk or spam email using our resources, defined as email sent to a large group of recipients who did not expressly request to receive it.
By adhering to these guidelines, we ensure a safe and compliant environment for all users of our services.
» Section 9: Responsibility Clause:
StreamingPulse Inc. acknowledges that while utilizing our services, clients retain sole responsibility for any loss of business, property, data, or other unfortunate circumstances that may arise. While we strive to provide uninterrupted internet connectivity, we cannot guarantee error-free or uninterrupted service. Despite our commitment to performing full monthly backups and weekly incremental backups, StreamingPulse Inc. cannot be held responsible for any indirect, incidental, or consequential damages resulting from lost data. By utilizing our services, clients waive any legal obligations imposed on StreamingPulse Inc. regarding the use of our services.
» Section 10: Terms of Service Revisions:
Please be advised that StreamingPulse Inc. reserves the right to revise, amend, or modify our Acceptable Use Policy (AUP), Terms of Service (TOS), and other policies and agreements at our discretion and without prior notice.
- Any revisions, amendments, or modifications will be promptly posted in accordance with our Terms of Service.
- Kindly note that this Service Agreement was last updated on April 09, 2024, at 10:20 AM.
- By continuing to use our site, you consent to abide by our Acceptable Use Policy and Terms of Service (Version: B-5392B)
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Past revisions to Terms & Conditions
Version: B-5392B
Date: 09/04/2024
Revised Section 1
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» Contacting us: If there are any questions, you may contact us using the information below.
Streaming Pulse Inc.
3495 Rebecca Street,
L6L 6X9 Oakville Ontario.
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legal@streamingpulse.com
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Phone: +16473478886
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Toll Free: 1855 22 PULSE (78573)