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ShoutcastCity Acceptable Use Policy
These simple guidelines ensure a pleasant experience for yourself and all other ShoutcastCity customers.
Declaration of Policy.
This Acceptable Use Policy (AUP) governs the use of ShoutcastCity's web hosting and SHOUTcast hosting services. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and Benson Media, LLC dba ShoutcastCity regarding the interpretation of the AUP, ShoutcastCity's interpretation, in its reasonable commercial judgment, shall govern. If you have any questions regarding this AUP, please contact our support desk.
You may not publish or transmit via ShoutcastCity's service any content that ShoutcastCity reasonably believes: (i) constitutes child pornography and/or exploitation; (ii) is excessively violent, incites violence, threatens violence, or contains harassing content, hate speech, or cyber bullying; (iii) is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes; (iv) is defamatory of any individual or organization, or violates a person's privacy; (v) creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (vi) improperly exposes trade secrets or other confidential or proprietary information of another individual or organization; (vii) is intended to assist others in defeating technical copyright protections; (viii) clearly infringes on another person's trade or service mark, patent, or other property right; (ix) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (x) is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to ShoutcastCity; or (xi) is otherwise malicious, fraudulent, or may result in retaliation against Benson Media, LLC or ShoutcastCity by offended viewers, listeners, or end users.
The Customer must take reasonable security precautions. The Customer must protect the confidentiality of his, her, or its password, and should change their password periodically. ShoutcastCity cannot be held liable for unauthorized access garnered due to poor password selection practices.
System Resource Usage.
System resource usage is defined as usage of resources in the system such as CPU/server load, memory/RAM, disk I/O, etc. Accounts found to be abusing system resources intentionally or unintentionally are subject to abuse fines or suspension of the account, depending on the severity of the issue. The Customer will receive a clear warning via electronic mail on the first violation. Second, third, etc. violations may result in suspension or termination of services, or abuse fines. ShoutcastCity staff members will judge based on server performance on what type of activity is considered as abusive. ShoutcastCity reserves the right to assess an amount of no less than $3 and no greater than $10 for repeat abuse issues that require actions from our network operations team.
Background processes are not permitted on web hosting plans. If you have questions about your applications running on our web hosting service, please contact our support desk.
Bandwidth and Disk Usage.
The Customer agrees that listener caps, bandwidth, and disk usage shall not exceed the number of bytes per month for the Services ordered by the Customer on the Order Form (henceforth "the Agreed Usage"). ShoutcastCity will monitor the Customer's listener caps, bandwidth, and disk usage. ShoutcastCity shall have the right to corrective action if the Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional overage charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in ShoutcastCity's sole and absolute discretion. If ShoutcastCity takes any corrective action under this section, the Customer shall not be entitled to a refund of any fees paid in advance prior to such action.
Bulk Commercial E-mail.
You must obtain ShoutcastCity's advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate consent of the recipients, documentation of the opt-in to the electronic mail promotion, have procedures in place to allow a recipient to easily revoke their consent (such as an Unsubscribe link), you honor revocation of consent within 72 hours, you are registered with www.abuse.net, and other criteria which is imperative to the permissible sending of bulk commercial e-mail. These policies apply to messages sent using your ShoutcastCity web hosting service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a website hosted via your ShoutcastCity web hosting service. In addition, you may not use a third party e-mail service that does not practice similar abuse prevention procedures for all its customers. ShoutcastCity reserves the right to test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your mailing list at any time.
You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it. You must comply with the rules of any other network you access or participate in using your ShoutcastCity services.
Material Protected by Copyright.
The Customer acknowledges that he, she, or it are solely responsible and liable for the content broadcast on their ShoutcastCity SHOUTcast station. Neither Benson Media, LLC nor ShoutcastCity can accept responsibility or liability for content aired by the Customer on their station or their web site. By broadcasting content, you certify that, under penalty of perjury, you know to the best of your knowledge that you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner, or that you are otherwise permitted by established United States copyright law to copy the work in that manner. Copyright complaints from outside parties can result in suspension or termination of SHOUTcast hosting or web hosting services. For more information, see the Indemnification section of the ShoutcastCity Terms of Service Agreement.
Copyright Infringement Notice via Digital Millennium Copyright Act (DMCA).
If you believe your copyright, patent, trade mark, or other property rights are being infringed upon by a person using the ShoutcastCity services or network, please send your written, properly formatted notice of copyright infringement to:
Benson Media, LLC
ATTN: ShoutcastCity DMCA Complaints
P.O. Box 3211
Wheeling, WV 26003
Your notice must include the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ShoutcastCity to locate the material; (iv) information reasonably sufficient to permit ShoutcastCity to contact you, such as an address, telephone number, and if available, an e-mail address; (v) a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner's agent, or the law; (vi) a statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ShoutcastCity is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers' activities and disclaims any responsibility for any misuse of the ShoutcastCity network.
You may not engage in illegal, abusive, or irresponsible behavior, including, but not limited to: (i) unauthorized access to or use of data, systems or networks, including any attempt to probe, scan, or test the vulnerability of a system or network to breach security or authentication measures (including those belonging to ShoutcastCity and its customers) without express authorization of the owner of the system or network; (ii) monitoring data or traffic on any network or system without the authorization of the owner of the network or system; (iii) interference with service to any user, host, or network, including, without limitation, mail bombing, SMS bombing, flooding, deliberate attempts to overload a system and broadcast attacks; (iv) use of an Internet account or computer without the owner's authorization, including, but not limited to, Internet scanning, phishing, password robbery, security hole scanning, and port scanning; (v) forging of any TCP/IP packet header or any part of the header information in an e-mail or a newsgroup posting; (vi) any conduct that is likely to result in retaliation against the ShoutcastCity network; or (vii) use of ShoutcastCity's network/equipment in any way that unreasonably interferes with Benson Media, LLC's or ShoutcastCity's other customers use of the network.