305 Stream, Inc.

Terms & Conditions

To obtain the services of 305 STREAM, INC. Every client must be of legal age (18 years) and legally capable of contracting contractual commitments and acknowledges that he has read this contract in all its clauses.

By contracting our services it is understood that the client, the contracting party, certifies that he has read, understands and accepts each of the Conditions that make up this document and that it is his desire to contract the services of 305 STREAM, INC. in the terms established in these General Conditions.

305 STREAM, INC. reserves the right to revise and modify these General Conditions for contracting its hosting / reseller services. In the case of modifications to the General Conditions that limit the rights or extend the obligations of the Client, 305 STREAM, INC. You must notify the Client via email of such modification and the Client will have a period of 10 days, to state if you wish to continue with the service, under the General Conditions as they have been modified, or if on the contrary, you wish to proceed with the termination of the service, with effects since 305 STREAM, INC. Receive such communication. If after 15 days from the sending of the email notifying the modification of the General Conditions, 305 STREAM, INC. does not receive any response from the Client, it will be understood that the Client accepts such changes in full.

Price of the services:
The Client acknowledges the nature of the services provided and the fees and charges, which were initially communicated to him. The Client is aware that the Company may change the rates and charges specified at any time. The offers are temporary and depend on the acquisition and maintenance of the cost of the services, including the charges charged to the Company by its suppliers.

New accounts and domain transfer:
All new or transferred accounts from other servers will be registered and entered into our domain name servers (DNS) within 48 business hours. However, due to unforeseen complications, this process can sometimes take up to 72 business hours. Beyond the time it takes to register your service on our network, for both cases, the Client must consider the time it takes to update the data of our servers in his domain by the Registrant.

Is pornographic, erotic or adult content allowed?

Resellers are responsible for enforcing the terms of use for all their customers. If your customers are found violating one of the terms of use, 305 STREAM, INC. will suspend (and/or cancel) the site and notify the reseller. Resellers are responsible for everything their customers do. If you have any questions or concerns (interests) send us an e-mail through our CONTACT link. 305 STREAM, INC. Is not obliged to process any refund, damages or loss of data caused by the client if your account is terminated for violations of the terms of use.

Reseller Acknowledgment:
You acknowledge that by being accepted as a reseller of 305 STREAM, INC. It is your responsibility to provide technical support to your customers since it is not our obligation to offer direct help to your customers.

You are responsible for any misuse of your account, even if the inappropriate activity was executed by a friend, a family member, a guest or an employee. Therefore, you should take steps to ensure that others do not have unauthorized access to your account. In addition, you cannot use your account to perform a security breach of another account or to attempt to have unauthorized access to another network or server.

Network Operation:
The virtual accounts of the site and the reseller of 305 STREAM, INC. They work with shared power resources. Excessive use or abuse of these shared resources from a customer’s network can have a negative impact on other customers. Misuse of network resources in a manner that impairs the operation of the network is prohibited by this policy and may result in the termination of your account.

It is the responsibility of the clients to make all the reservations of their site (backup). If in the unfortunate event, something happens to your records, it is your responsibility to have a local copy of your records. We are not obligated in any way nor are we responsible for files, money, hours, effort, etc. lost due to this unfortunate event. Also, if your files are lost, we will try to restore them as a gesture of good faith, but we make no promise that the files will be recovered successfully. Again, this is the responsibility of the client.

Unlimited Accounts:
Unlimited Accounts are truly unlimited. These accounts should not be used to receive any media file, any video file, large files. It should be used only for standard practices. If you have a questionable concern (interest), open a Support ticket using the ticket system. If you know that your site will not have a typical use and you hire us, knowing this, we will require you to hire a dedicated server. If you have any questions, contact us for approval, if you feel you could violate this clause. Please contact us. 305 STREAM, INC. is not obliged to process any refund, damages or loss of data caused by the client if your account is terminated for violations of the terms of use.

Customers with monthly payments or fees:
We are very strict on this subject. You must always pay on the agreed date. In the case of a 5-day delay, we will be forced to suspend your account. An additional charge of USD $ 4.99 (American) will be charged for the reactivation of the account. In all cases, we reserve the right to cancel customer accounts that do not demonstrate punctuality and commitment in their payments. In the event of any difficulty in making a payment on the required date, it is necessary for the client to contact 305 STREAM, INC. to explain the situation and exceptionally, a special term for payment may be granted.

Data Loss:
305 STREAM, INC. is not responsible for the loss of data on the server, because of failures in our system or updates on our servers. It is the user’s responsibility to maintain a backup of the site. Thus it is also the responsibility of the user to keep the mails of the webmail system safe. 305 Stream, Inc. will make weekly backup copies of our servers, but the client is responsible if it may not be possible to restructure the system back to the original data. We will make all our efforts to restore data, but success is not fully guaranteed.

The Warez Sites:
Warez Sites are sites that are typically used by “hackers” to illegally trade (upload/download) pirated copies of software programs with others. 305 STREAM, INC. has a zero-tolerance policy on all Warez Sites. If it is detected that pirated software is marketed on the User’s Site, it will be canceled from our servers without any refund and without any money back. Keep in mind that software companies can also take action against you.

There are some exceptions to our content policy:

Child safety: we have a zero-tolerance policy regarding content related to child exploitation. Some examples are:

* Child pornography: We will cancel the accounts of all users who publish or distribute child pornography. Likewise, we will report these users to those responsible for compliance with the law.

* Pedophilia: content that encourages or promotes sexual attraction to children is not allowed. For example, do not create a website with galleries of images of children in which the collection of images or the accompanying text has sexual connotations.

* Hate incitement: Content that promotes hatred or violence towards certain groups based on their race, ethnicity, religion, disability, sex, age, war veteran status or sexual orientation / sexual identity. For example, do not place a website that states that members of Race X are criminals or that urges violence against followers of a religion, whatever it may be.

* Content that can hurt sensitivity: don’t post content just because it’s shocking or graphic. For example collections of images taken from gunshot wounds or accident scenes without context, or additional comments would violate this policy.

* Violence: do not threaten other people on your website. For example, do not post death threats against another person or group of people, or post content that encourages your readers to take violent action against another person or group of people.

* Copyright: our policy is to respond to clear notifications that copyright has been breached, Also do not provide links to sites where your readers can download other people’s content illegally.

* Personal and confidential information: it is not right to publish personal and confidential information of another person. For example: do not post credit card numbers, Social Security numbers, phone numbers that do not appear in the guide, or another person’s driver’s license number. Also, remember that, in most cases, our policies do not consider private or confidential information that is already available on other Internet sites or in public records.

* Impersonation: Do not fool or confuse readers by pretending to be someone else or by pretending to represent an organization when it really isn’t. We don’t want to say that you can’t publish parodies or satires, just avoid content that may confuse readers about your true identity.

* Illegal activities: Do not use our service to be part of illegal activities or to promote dangerous and illegal activities. For example: do not write a blog that encourages drunk driving, otherwise, we can remove its content. In addition, in serious cases such as those related to child abuse, we can report it to the competent authorities.

* Spam: spam is presented in various ways in our service and all of them can result in the deletion of your account or blog. Some examples are the creation of blogs aimed at increasing the traffic of your site or improving your position in search lists, and posting comments on other people’s blogs simply to increase the level of your site or product.

* Malicious software and viruses: DO NOT create blogs that transmit viruses, make pop-up windows appear or attempt to install software without the reader’s consent, or attempt to impact readers in any other way by malicious code. This is strictly prohibited in our service.

305 STREAM, INC. reserves the right to change prices and services at any time and without prior notice. So if the customer buys a plan and the plan was modified, after the customer bought it, the customer is not entitled or qualified in these new changes.

Delays in domain transfer:
305 STREAM, INC. is not responsible for delays in domain registrations and DNS transfers caused by third parties or by the user who purchases our services.

Our dedicated server support only includes:

• PHP and MySQL update
• Basic Modules Installation
• Control Panel Update
• Hardware Support
• Control Panel Support
• 24/7 Server Monitoring
• 24/7 System Restart
• 99.99% Network Connection
• 24/7 Support via Tickets, Email, and Telephone
• Initial configuration and installation of programs
• Creation of hosting and FTP accounts
• Server Security Updates
• Email Account Management
• File transfer between server
• Kernel updates
• 24 x 7 x 365 permanent monitoring
• Multi-Protocol Support
• Dead Time Notification
• Global Monitoring Locations
• Backup Restoration
• Disaster Recovery & Recovery Hack
• Migration Server
• Initial Server Configuration

*3rd Part of files that we install *
Fantastico, RVSkin, CpanelPro, CpanelXp, ClamAV, Mailscanner, URCHIN, ZendOptimizer, Ioncube, GD, Curl, Freetype, Eaccelerator, ImageMagick, Perl modules, etc…

305 STREAM, INC. Maintains the confidentiality and security of the information provided by the subscriber for the collection of the service, as described in the Data Protection Law.

305 STREAM, INC. undertakes not to send advertising unless expressly accepted by the Subscriber. Notification of change of prices or characteristics of the services offered or internal notifications between the subscriber and 305 STREAM, INC.

The services contracted with 305 STREAM, INC. They must be used exclusively for lawful purposes. The use of any of the services contracted with 305 STREAM, INC. It is strictly prohibited. that violates any local, national or international law. While using the services contracted with 305 STREAM, INC., The subscriber may not: Disseminate or transmit illegal, abusive, defamatory, racist, offensive information, or any other type of information subject to objection, whether through photographs, texts, advertising banners or links to external pages, as well as publish, transmit, reproduce, distribute or exploit any information or software, which contains viruses or any other harmful component, software or other material that is not original (pirated), infringe intellectual property rights, publish or provide material or resources about hacking, cracking, or any other information that 305 STREAM, INC. consider inappropriate. Any use of the system for illegal purposes will authorize 305 STREAM, INC. to suspend the contracted services without prior notice.

Streaming Video & Audio:
Video and audio are allowed on our servers. If you wish to do so, all of this content must be legal content and cannot be of any other copyright. The client is responsible for contracting, if necessary the licenses to transmit music and, or commercial, or any material under copyright, or reserved rights, example (BMI, ASCAP, SESAC)

Musical Licenses and Royalties:
It is important that you know the risks of transmission without a license to play the music you are transmitting. See some details below, but we recommend that you investigate and learn more about this topic. Alternatively, if you plan to stream royalty-free music or spoken radio, you can stream it from your station, but if you want to play the latest hits, such as Top 40, you should consider a license. Note that 305 STREAM, INC. does not provide any form of content licensing or royalty coverage. It is the responsibility of the customer or Holder of the Radio Station or TV to obtain any relevant license for their country and content.

Listed below are links to sites related to radio licenses for various regions. The following information should only be used as a reference and should not be construed as legal advice.

1. The United States / Estados Unidos

2. Canada

3. Germany / Alemania

4. France / Francia

5. The United Kingdom / Reino Unido

6. Netherlands / Países Bajos

Fortunately, we live in an age of the Internet and obtaining a license for its issuance is very easy and is becoming affordable. So why do I need a license to stream my radio?

If you are broadcasting, and the flow is public or broadcast to the public, and you are reproducing copyrighted material that will need a license to broadcast its content. Or you would have to get permission from each record to play your music. It is called obtaining public execution rights. Honestly, it is easier to obtain a flow license.

305 STREAM, INC. will not be responsible for the material transmitted by the radio or tv stations of our customers, being the owners of these are responsible at all times for the transmissions and content broadcast by their radio stations.

FINAL CLARIFICATION: 305 STREAM, INC. does not provide licenses. We recommend that you always consult with qualified professionals or the relevant authorities in your country regarding copyright and licensing. The following advice should not be taken as legal advice, but should act as a guide to take it to the right place.

Programs & scripts:
In the case of hosting accounts that have execution permissions, the subscriber can install and execute the scripts he deems appropriate. However, 305 STREAM, INC. reserves the right to deactivate any script or software installed by the subscriber that affects the normal functioning of the servers and damages other clients that host sites on them.

305 STREAM, INC. reserves the right to refuse service requests or cancel Web Sites whose content exhibits pornography, defamatory accusations or any other information that breaks the laws or violates the moral integrity of individuals, companies or institutions.

(A) No illegal, threatening, abusive, malicious, degrading, obscene, child pornographic, blasphemous or other material in any way.

(B) Any material that constitutes or encourages criminal offenses or that infringes any patent, trademark, design right, copyright or any other intellectual property or similar rights of any person under laws and jurisdictions of any kind.

(C) You must keep any identification, password and any other confidential information related to your account secure and you must notify us immediately of any unauthorized or suspicious use of your account, including losses, unauthorized changes to your password or any other security information. You must ensure that all mail sent is in accordance with the applicable legislation (including data protection laws) and securely. If you are an individual user, ensure that you are at least 18 years old and if you are a user of a company, ensure that the services we provide will not be used by persons under 18 years of age. Any access to networks connected to 305 STREAM, INC. they must be in force with the rules of these networks. We will make a reasonable effort to ensure the integrity and security of our server, we are not responsible for email loss or loss of money for any reason.

Legal Use:
The services of 305 STREAM, INC. They cannot be used for illegal purposes, or in support of illegal activities. 305 STREAM, INC. reserves the right to cooperate with legal authorities and / or third parties harmed in the investigation of any alleged crime or civil unlawful act.

Damage to minors: The use of the services of 305 STREAM, INC. cannot be used to harm or attempt to harm minors in any way, including child pornography.

The use of the services of 305 STREAM, INC. cannot be used to transmit any material (by e-mail, upload, publish or otherwise) that threatens or exhorts bodily harm or the destruction of property.

The use of the services of 305 STREAM, INC. It cannot be used to transmit any material (by e-mail, upload, publish or otherwise) that harasses another.

Fraudulent Activity:
The use of the services of 305 STREAM, INC. cannot be used to make fraudulent offers, to sell or buy: products, items, or services, or to advance in any type of financial scam, such as “pyramid schemes”, “Ponzi schemes”, and “chain letters”, etc.

Forgery or Impersonation:
Adding, removing or modifying the network identification of header information, in an attempt to deceive or confuse is prohibited. Attempting to impersonate any person’s identity through the use of forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

Commercial email on unsolicited bulk email (SPAM):
SPAM and Unsolicited Commercial Email: 305 STREAM, INC. It adopts a zero-tolerance approach for sending unsolicited Commercial Email (UCE) or SPAM through our network. Very simple, this means that customers of 305 STREAM, INC. they cannot use or allow others to use our network to carry out transactions in mass mail. Customers will not be able to host, or permission to host, sites or information that is announced by mass mail from other networks. Violations of this policy carry severe penalties, including termination of service.

Bulk E-mail: We understand that bulk email is an important mechanism to keep people informed. However, spamming (unsolicited advertising), from the network of 305 STREAM, INC. or unsolicited advertising of spamvertising sites received on the network of 305 STREAM, INC. It is strictly FORBIDDEN.

About APP for Radio/TV and Streaming Ports:
Our company provides Professional Applications as a courtesy for Android and Apple devices, both in Streaming services for Radio stations or Television Channels, as long as the client has an active audio/video streaming service with our company. In the event that the client cancels the Audio/Video streaming services or fails to pay, after 30 days, they will be deactivated and the APPs will be removed from our system. Similarly, the Radio ports offered, which were active when the client used our Streaming services, will be deactivated. These services are exclusive to our clients.

Suspension or Deactivation:
If some of the terms or conditions are not followed, the client risks a suspension or termination of service. 305 STREAM, INC. reserves the right to remove any account, without notice. If 305 STREAM, INC. deactivate your service the customer will lose any right to a refund.

Dedicated Server – Reactivation:
If a service is suspended, the client is obliged to pay a reactivation fee of $ 65.00, to cover administrative expenses related to the crime or abuse.

305 STREAM, INC. Will not be responsible for failures. We are not obligated in any way nor are we responsible for files, money, hours, effort, etc. lost due to any type of problem in our shared and dedicated servers.

305 STREAM, INC. It is not responsible for the content of its clients’ sites as well as the use of their email accounts, and the client is fully responsible for the information that rests on its website, hosting account and/or emails. All the services that 305 STREAM, INC. Offers are paid in advance.

The prices that 305 STREAM, INC. keeps published on its page, as well as those it currently maintains, are subject to change without notice and will take effect on the next customer billing.

305 STREAM, INC. is not responsible for the loss of information on the website caused by technical problems attributable to the communication and data transmission systems, at all times it is the client’s responsibility to have a backup of the information placed on their site.

305 STREAM, INC. is not responsible for the loss of domains that are paid after the expiration date. The client must pay at least 1 month before the expiration date of their domain or hosting, otherwise, the client assumes the risk that the domain is acquired by another person and can no longer use it.

305 STREAM, INC. is not responsible for suspended or deleted accounts of its customers due to late accounts in their payments.

305 STREAM, INC. is not responsible if the domain that the client wishes to register is already registered, although the system verifies that the domain is available at the time it is searched, the domain can be registered by another person in the time it takes the client to make the payment, in that case, 305 STREAM, INC. will reimburse the cost of the domain.

If you wish to cancel your services, you must send an email from our CONTACT US link.

305 STREAM, INC. does not have any type of contract, or otherwise exclusive. If you no longer want the service, you only need to send an e-mail 7 days before your billing.
NOTE: If a customer does not cancel service 7 days before the renewal date you will have to pay the next bill.

If you cancel your account and your payments still continue for any reason, for example:
1) Due to staff failure of 305 STREAM, INC.
2) For credit card processor failure.
3) For failure of any other payment collection company.
We are not responsible for any charges that your financial institution may charge you.

Extra Charges:
Our service plans are designed to accommodate most usage scenarios, given the needs of our customers. However, its use may vary and require additional assignments, specifically in the areas of storage and traffic. We will never charge your card automatically if your account requires more resources. You must keep your email address up to date within your CPANEL, so that you can receive an email when your account reaches certain limits determined only by our system, for example, a warning of your bandwidth growth when you reach it 80%, in which case you can contact us to buy a higher transfer for your account. If you do not contact us, the system will suspend your site if your assignments are exceeded.

Refunds-Termination of Accounts:
If, for any reason, 305 STREAM, INC. cannot deliver the services you are needing, you will be given a refund. No refund will be made if you abuse our policies and your account will be suspended or terminated prematurely. If within 30 days due to non-payment or for any other reason, if your account is still suspended it will be deleted within a period of 30 days.

Use and Storage of Files:
The web hosting accounts of 305 STREAM, INC. They should not be used for purposes of distributing and/or storing an unusual amount of files. We provide remote file storage hosting services. Any Website that uses disk space to store files that exceed 70% of its total use, also in terms of size or the total number of files, will be judged for using an unusual number of files. At that point, if we find that those files are illegal or dangerous in any way, you will be notified. If you have no negative intentions such as causing damage to our servers or others with the files you save, you have nothing to worry about.

Chat Rooms:
305 STREAM, INC. does not allow chat rooms in shared hosting plans. You can choose a dedicated server to run a chat room efficiently.

305 STREAM, INC. does not allow IRC or IRC bots to be operated on our shared servers (shared hosting) or resellers.

Customer Responsibilities:
The CLIENT is responsible for all activity that originates his account unless he proves to be a victim of hacking. The client is responsible for securing his username/password. The CLIENT assumes responsibility for all material on its site that may be placed by third parties. The use of the service of 305 STREAM, INC. requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the desired use of the client’s webspace content.

In the event that your website is suspended for abuse of resources (abuse that cannot be resolved by removing/changing a script, etc.) and you do not wish to change to a dedicated server to accommodate the needs of the site, we will only deactivate the suspension in within 24-48 hours. This is to ensure that intensive CPU usage by the site is restored by delaying traffic to avoid future damage and problems. A backup will then be provided from your files or you will be given FTP / CPANEL access for a certain period. Any questions about our abuse policy can be answered by sending an email Abuse.

Violation of the policy of SPAM 305 STREAM, INC. will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, 305 STREAM, INC. will initiate an immediate investigation (within 48 hours of notification). During the investigation, 305 STREAM, INC. can restrict network access to prevent further violations. If a customer is in violation of our SPAM policy, 305 STREAM, INC. May, at its sole discretion, restrict, suspend or terminate the customer’s account. In addition, 305 STREAM, INC. reserves the right to pursue civil remedies for any cost associated with the investigation of a violation of the informed policy. 305 STREAM, INC. will notify law enforcement officials if the violation will incur a criminal offense.

The first violation of this policy will result in an “administrative fee” of $ 14.99 USD and your account will be reviewed for possible immediate dismissal. A second violation will result in an “administrative fee” of $ 49.99 USD and the immediate termination of your account. Users who violate this policy agree that, in addition to these “Administrative” penalties, they will pay “Investigation fees” not exceeding $ 125 USD per hour that 305stream.com staff must proceed to investigate the matter. PLEASE DO NOT SPAM.

Third-Party Accountability: Subscribers of 305 STREAM, INC. They will be responsible and accountable for any third-party activity, using their account, which violates the guidelines created within the acceptable use policy.

Resellers: Resellers are responsible for enforcing all of their customers’ Terms & Conditions. Resellers are responsible for any violations committed by their customers. If you have questions or concerns as to what is allowed and not allowed to open a ticket with the support assistance service 305 STREAM, INC. will not be responsible for any refunds, damages or loss of data if the account is terminated for violations of the terms of use.

Shared Hosting Customers – Forums – China forums are not allowed in our network. These sites require a lot of CPU usage. These almost require a dedicated server to function properly. If you are on any server we will suspend the service, and we will charge an administration fee if they are the cause of a CPU overload. The charges are usually about $ 25 per hour.

Shared Hosting Clients – Everyone is welcome on our shared servers, as well as dedicated servers. However, if your account affects the use of others on the shared server, your account will be suspended immediately and we will ask you to rent a dedicated server.

Performance Network:
Shared resources. Excessive use or abuse of these network shares by one client (for example, above 8% CPU usage) can have a negative impact on all other clients. Improper use of network resources in a way that impairs network performance is prohibited by this policy and may result in your account being restricted.

You are prohibited from excessive resource consumption, including CPU time, memory, disk space and time. You may not use resources, programs, that adversely affect other customers or the operation of the systems or networks of 305 STREAM, INC. / 305 STREAM, INC. reserves the right to cancel or limit such activities.

It is the customers’ responsibility to make backup copies of their entire site. If, in the unfortunate event, something happens to your files, it is your responsibility to have a local copy of the files. We are not responsible in any way for all files, money, time, effort, etc. lost due to this unfortunate incident. Also, if your files are lost, they will try to restore them as a gesture of good faith, but we make no promises that the files will be fully recovered successfully. Again, backup copies are the responsibility of the customer.

305 STREAM, INC. does not have any type of contract, or otherwise exclusive. If you no longer want the service, you only need to send an e-mail 7 days before your billing. NOTE: If a customer does not cancel service 7 days before the renewal date you will have to pay the next bill.

305 STREAM, INC. reserves the right to modify these policies, our procedures, services and prices at any time without prior notice. We are not responsible for any typographical or translation errors. We are not responsible for any loss caused by using our services. Although we try to send notes about policy changes, services and prices, we are not responsible if you do not receive them due to, but not limited to, anti-virus and anti-spam filters, errors from your email provider, etc.

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