Terms of Service / Acceptable Use Policy
Abovecast / EC Networks, Inc.
Acceptable Use Policy and Terms of Service Revised: 11/30/2015
Your use of the services and products provided by Abovecast and EC Networks, Inc. (hereafter referred to as “Abovecast”), 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 Abovecast’s policies. Abovecast 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 [email protected] and Abovecast will close
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 Abovecast and agreed to by Customer. Customer’s use of Abovecast’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
Abovecast. Abovecast will post changes to the AUP on the legal page of our website at http://www.abovecast.com/aup. Customer’s use of Abovecast’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 Abovecast comply with this AUP. Abovecast 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 Abovecast shall not be liable
for any damages arising from such causes beyond the direct and exclusive control of Abovecast.
Customer further acknowledges that the liability of Abovecast 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 Abovecast be liable for any special or consequential damages, claims, losses or
USE OF SERVICES; CHANGE OF SERVICE
Abovecast’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. Abovecast reserves the right to refuse or terminate service to anyone for any reason not prohibited by
law. This case will result in no refund. Abovecast reserves the right to modify pricing of services and/or discontinue or change services offered upon
notice to the Customer by posting on the Abovecast website.
All services provided by Abovecast 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 Abovecast from any claims resulting from such compliance or the
use of the service which damages the customer or any other party. Abovecast will be the sole arbiter as to what constitutes a violation of this provision.
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.
Abovecast 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. Abovecast 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.
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 Abovecast, data will be recovered on a best effort basis. If data is lost due to negligence of
Customer, Abovecast will not be held responsible. Customer is fully responsible for assuring backups are kept.
Violations of our system or network security are prohibited, and may result in criminal and civil liability. Abovecast investigates all incidents involving
Examples of violations include, but are not limited to:
· Malicious programs (ex: worms, Trojans, viruses, or other malicious activity to promote harm) – Security beaches
· 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
CONSEQUENCES OF VIOLATIONS
If Abovecast is aware of any type of violation, an investigation will take place on Customer’s account. During the investigation, Abovecast may restrict
Customer’s access in order to prevent further possible unauthorized activity. Abovecast may restrict, suspend, or terminate Customer’s account and/or
pursue other civil remedies. If such violation is a criminal offense, Abovecast 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
Abuse fees are $100 per clean-up and $100 per incident/complaint. This fee may be billed to Customer’s account at Abovecast’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, Abovecast, account must be made current and Customer may be required to incur prepayments for the next
Abovecast 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 Abovecast’s average deployment time. No refund will
be provided for servers that are cancelled while waiting for deployment.
Support is available 24/7/365 for all products and services under Abovecast. Our SLA is only available to customers who open tickets by emailing
[email protected] or through the management portal available at https://manage.abovecast.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 entries can be submitted via tickets by emailing [email protected] or through the management portal available at https://manage.abovecast.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. Abovecast 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.
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 Abovecast’s discretion. Customer furthermore acknowledges that Abovecast may require
Customer to upgrade or suspend account, without warning, if issues are caused to other customers.
Customer acknowledges that there are limits imposed on Unlimited Streaming packages. Abovecast will contact customer when issues arise and will follow
Resource Abuse protocols.
Customer has the sole responsibility of making sure that complete contact and billing information is updated and provided to Abovecast. Abovecast will not
be held responsible for inaccurate information.
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 Abovecast. 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 Abovecast. Suspension of account does not eliminate debts to Abovecast. For Colocation
accounts, Abovecast reserves the right to hold customer equipment as collateral. Customer has up to three (3) months to pay all debts before equipment is
You may cancel your services by providing us with at least thirty (30) days cancellation notice via a ticket by emailing [email protected] or through
the management portal available at https://manage.abovecast.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. Abovecast reserves the right to no longer honor a service or product
after it has been cancelled.
Any party seeking to report any violations on Abovecast’s network, please email [email protected]
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.
Customer agrees to save harmless Abovecast 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 Abovecast.
LIMITATION OF LIABILITY:
Abovecast shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Abovecast servers going
off-line or being unavailable for any reason whatsoever. Furthermore, Abovecast 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 Abovecast’s servers. All damages therefore shall be
limited to the immediate termination of service.
Customer agrees that Abovecast cannot be held liable for system downtime, crashes, or data loss nor can Abovecast 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 Abovecast are resold. Thus, certain equipment, routing, software, and programming used by Abovecast are not directly owned or written by
Abovecast. Moreover, Abovecast holds no responsibility for the use of our customers’ accounts. Upon the breach of any terms or conditions, Abovecast has
the right to immediately deactivate the account(s). Abovecast reserves the right to remove any account without advance notice for any reason without
restitution as Abovecast sees fit. Furthermore, Abovecast 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 Abovecast website shall
constitutes sufficient and actual notice to Customer of the Policies, Guidelines, and Disclaimer then in effect.
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 Abovecast. ABOVECAST RESERVES THE RIGHT TO TERMINATE ANY CUSTOMER, AT ANY TIME, FOR ANY REASON.