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Terms of Service

 TERMS ACCEPTABLE USE POLICY A.U.P – TERMS OF SERVICE T.O.S.

DEFINITIONS:
StreamingPulse Inc. provides Internet related services such as Audio and Video media streaming,as well as dedicated and reseller servers, This Agreement sets out the terms which have been agreed between Streaming Pulse Inc. and the Client for the provision of such Streaming services and shall be supplemented from time to time by Schedules setting out specific details of such services requested by the Client.

This Agreement shall come into effect upon the date of this Agreement and, subject to the provisions of this Agreement shall continue in force for an initial term of 1 month from the date the Services are available to the Client and indefinitely after that until terminated by either party giving not less than 30 days prior written notice to expire on or after the expiry date of the initial term.

 

FEE AND COST:  (Section 1)
All payment is in U.S.D. currency. All pricing is guaranteed for the term of payment. StreamingPulse Inc. reserves the right to change prices at any time, unless other terms have been agreed upon.

 

BILLING PAYMENT POLICIES: (Section 2)
We accept payments made by PayPal, Visa, Master Card, Moneybookers and Wire transfers.
The price and all other amounts due under the Schedule shall be paid by the Client by the due date as specified in StreamingPulse Inc. invoice.

StreamingPulse Inc. reserves the right to suspend the Services in case of late payment. Any exercise by StreamingPulse Inc. of its right to suspend the Services in the case of late payment shall be without prejudice to any other of its rights under this agreement not with standing suspension of the Services by StreamingPulse Inc. the Client shall continue to pay the price for the Services in accordance with the terms of this Agreement until this Agreement is terminated in accordance with the terms of this Agreement.

StreamingPulse Inc. reserves the right to automatically process reoccurring payment through any method, that has not been given a 30 day cancellation notice.

StreamingPulse Inc. understands and will exercise its statutory right to interest and debt recovery costs under the Late Payment of Commercial Debts (Interest) Act 1998 if not paid according to agreed terms.

 

SUSPENSION:  (Section 3)
a. If an account is in arrears for over 7 days, the account will be suspended.
b. If an account is in arrears for over 30 days, the account will be closed and all files deleted from the server.
StreamingPulse Inc. reserves the right to send overdue accounts to a debt collection agency.
All charges involved in the collection of overdue accounts will be payable by the Client.
c. Late or missed payments of one (or more) servers will result in suspension of all servers on the account until full payment has been made.
d. Any sending of unsolicited email messages or any mass mailing of unsolicited advertising material by the Client.
e. Any activity that potentially could harm the StreamingPulse Inc. Network , its client’s networks or other networks, including but not limited to traffic flooding,
malicious overflows, etc.

CANCELLATION: (Section 4)
This Agreement shall come into effect upon the date of this Agreement and, subject to the provisions of this Agreement shall continue in force for an initial term of 1 month from the date the Services are available to the Client and indefinitely after that until terminated by either party giving not less than 30 days prior written notice to expire on or after the expiry date of the initial term.

a. Cancellation request must be submitted a ticket to the billing department (link)
b. Cancellation requests are not accepted via phone.
c. Cancellation requests can only be made by the account holder.
d. Cancellation will not be responsible for charges, without a 30 prior notice of cancellation.
e. Cancellation without a prior 30 days notice, will be subject to the automatic reoccurring payment using the method of payment primarily selected.
f. Cancellation request must be submitted from the main email address on file with Streaming Pulse.
g. Cancellation request must contain the IP address + port (account) or (reseller account) of the server plan you wish to cancel

 

SUPPORT AND MAINTENANCE: (Section 5)
Maintenance and support shall not include services for problems arising out of (a) tampering, modification, alteration, or addition to the Hardware or Software, which is undertaken by persons other than StreamingPulse Inc. or its authorised representatives; or (b) software programmes or hardware supplied by the Client.

The Client shall document and promptly report all errors or malfunctions of the Services, Hardware or Software to StreamingPulse Inc. The Client shall take all steps necessary to carry out procedures for the rectification of errors or malfunctions within a reasonable time after such procedures have been received from StreamingPulse Inc. provided the procedures specified are reasonable. The Client shall maintain a current archive copy of all software and data, and shall properly train its personnel in the use of the Services, Hardware and Software.

Any problems caused by the Client to the Services, (which include, but are not limited to, deletion of necessary operating system files,
accidental or intentional infection by a virus/Trojan) may result in extra charges to The Client at $60 per 60 minutes, or part thereof. For any work that will take more than two hours we will seek prior authorisation from the Client by telephone, email, fax, or post.

 

DOWNGRADE SERVER: (Section 6)
a. Any Downgrades to your Services ( DOES NOT APPLY TO ANY RESELLER PLANS ) must be confirmed via an email from the Primary Account Contact.
b. You agree that there may be a period of downtime or a migration of your Services involved in a Downgrade.
Although we will inform you to the best of our ability of any potential disruption prior to the event, you agree that this does not in any way affect the indemnity or liability Terms.
c. Once we have received your request for a downgrade, we will perform the Downgrade in a similar manner to our Cancellation Terms.
There will therefore be a 30 day notice period of the Downgrade.
d. If the notice period extends beyond the next renewal date of the Service or parts thereof,
then a final renewal invoice will be generated, and the Service that you have requested to be downgraded will be downgraded on that date.
e. We will normally generate any final renewal invoices in the form of a monthly invoice, regardless of the historic renewal cycle of the Service.
f. If the notice period ends prior to the next renewal date of the Service, we will downgrade the Service on the next renewal date.
g. PAUSE: A service can be put on hold for a period of maximum three (3) months. After this period, the port will be reassigned to a new client.
“This does not apply for a Reseller or a Dedicated Server”
h. We will endeavour to cancel any invoices that have already been generated for Services that would no longer be due for payment following your downgrade request,
as long as these invoices are not due for payment according to the Terms above.
i.We will not offer a refund, and you will not expect a refund, for any downgraded Services or parts thereof, regardless of the downgrade date.

 

REFUND POLICY: (Section 7)
Once streaming service has been set up, payment will not be NON-REFUNDABLE! for any reason.
(More info @ S.L.A. Service Level Agreement)

 

INDEMNITY: (Section 8)
You agree to indemnify and hold StreamingPulse Inc. , it’s officers, employees, affiliates, agents, and affiliates, harmless from any claim or demand, including attorneys’ fees, made by any third party due to your direct or consequential use of this site or breach of these Terms.

 

BILLING AND CHARGE-BACK: (Section 9)
Streaming Pulse will only address billing disputes made within 30 days of the charge in question. You have 30 days to dispute charges on your account, all discrepancies need to be emailed to billing@streamingpulse.com .

If the dispute is not provided to customer support within 30 days from the original charge date, the member will be responsible for these fees. If applicable StreamingPulse Inc.reserves the right to pass through credit card charge back fee of $30.00 per incident assessed to StreamingPulse Inc. by the members credit card company.

If the charge disputed is determined legitimate by Streaming Pulse the member who has disputed the charge with their credit card company will be responsible for all charge back fees assessed to StreamingPulse Inc. as a result of the dispute. StreamingPulse Inc. encourages the member to email billing@streamingpulse.com with any billing disputes rather than disputing the charges directly with your credit card company.

 

CONTENT: (Section 10)
Client agrees to take sole responsibility for all content, including audio video streaming, web pages, and any other service that is utilized.
StreamingPulse Inc. is not liable for any action taken against a client as a result of their stream content or web content.
Particular types of content and usage are explicitly prohibit from any utilisation or interaction with our Services.
We reserve the right to remove or suspend all or part of your Services if we discover that you are in breach of these Specific Terms.

a. Indecent or offensive content.
b. Any copyright material which one does not hold rights to.
c. Content that breaks specific English law.
d. Content relating to illegal drug usage, accessories, or sale of so-called “legal highs”.
e. Content that encourages criminal acts, or is in itself a criminal act.
f. Any content of any form that has been “pirated”.
g. Any content that incites or promotes discrimination or prejudice of any kind.
h. Use of peer to peer software to transfer or download content that you do not have permission to acquire or make available.
i. PHP shell scripts of any form.
j. Chat, IRC, and Web Proxy scripts.
k. Mailing lists or Newsletter scripts on the Shared or Free Hosting platforms.
l. Content used for the purposes of sending UCE (Unsolicited Commercial Email).
m. Content used to breach or attempt to breach security of any Service or Software.
n. Malware, spyware, or content that contains or aims to spread any form of virus.
o. Content that links, redirects to or displays any of the items listed above.
p. Client will not use our resources to transmit bulk or spam e-mail.
This is defined as mail sent to a large group of recipients who did not expressly request to be sent the e-mail.

 

LICENSES: (Section 11)
Client is solely responsible for any applicable license fees for their location.
StreamingPulse Inc. does not award free licensing to clients, such as ASCAP, BMI, SESAC, RIAA, SIAE, GEMA or CARP.

 

RESPONSIBILITY: (Section 12) StreamingPulse Inc. will not be held responsible for any loss of business, property, data, or any other misfortune caused by the use of the provider’s service.
StreamingPulse Inc. will make every effort to provide an uninterrupted Internet connection; however, we cannot warrant that the connection will be error free or uninterrupted. We are committed to perform full monthly day’s and weekly incremental back-ups; however,
StreamingPulse Inc. will not be held responsible for any indirect, incidental or consequential damages incurred with lost data that may result.
StreamingPulse Inc. is hereby waived of any legal obligation appertaining to the use of our service.

 

CONTACT INFORMATION: (Section 13)
If you have any questions regarding Your Service Provider or the terms and conditions of this Service Agreement, you may contact StreamingPulse Inc., Internet Media Services, at 1206, Toronto, Ontario, M8Z 1R8, by E-mail to main@streamingpulse.com,
Telephone: +1 647 347 8886 Toll Free 1-855-22-PULSE (78573), or by Fax: 1-647-349-7145.

 

REVISIONS T.O.S. (Section 14)

Notice: We reserve 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.

Notice: Of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).

Notice: This Service Agreement was last updated on January 14, 2014 AT 5:27PM.
By using our site, you consent to our A.U.D. & T.O.S. (Version: A-6291 )

 

………………………………………………………..
Past revisions to Terms & Conditions
Version: A-6291
Date: 14/01/2014
Addition: 100% SLA
………………………………………………………..

Contacting us: If there are any questions, you may contact us using the information below.

Company Legal Information:

Streaming Pulse Inc.
1208 The Queensway
Etobicoke,ON,M8Z1R8
Toll Free: 1855 22 PULSE (78573)
Telephone:+1 647 347 8886
Fax: +1 647 349 7145
 main@streamingpulse.com