This Agreement was last modified on January 7, 2014.

YESTREAMING IS THE TRADING NAME OF YESSTRA LIMITED

 

Registered in England and Wales: 8848164

 

 

Please read these Terms and Conditions (“Agreement”, “Terms and Conditions”) carefully before using http://yesstreaming.com (“the Site”) operated by yesstreaming (“us”, “we”, or “our”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at http://yesstreaming.com. By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms and Conditions. Capitalized terms are defined in this Agreement.

Intellectual Property

The Site and its original content, features and functionality are owned by yesstreaming and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Governing Law This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of United Kingdom, without giving effect to any principles of conflicts of law. Changes To This Agreement We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms and Conditions. Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

Services

YesStreaming.com agrees to provide the services stated for the price agreed at any given time. We do not miss lead customers with hidden costs unlike many other web hosting companies.

Terms

All customers are responsible for monitoring their storage space and bandwidth transfer each month. Customers who go over the limit of their account will be sent an email with the option to either upgrade their account or reduce store and or storage. If customers continue to go over we will do everything possible to fix the problem. We do hold to right to ban accounts for continuous problems. If customers sign up for an account and cancel it within the first month they will still be charged for the full first month.

Payments

All accounts are set up on a pre-pay basis, All payments are accepted by using Paypal, Upon payment we setup your account instantly for the very first time after that Renewal notices are emailed three days before the actual renew date in your account. If your using Paypal or a credit card with paypal you will not have to worry about manual payments.. If payment is not received within 7 days a $5 fee will be added. YesStreaming.com reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notifie YesStreaming.com to request for termination of services. Although we are based in United Kingdom our websites currencies are USD and GBP. YOUR particular billing cycle corresponds to the contract length that was initially chosen at setup. YOUR account will automatically renew at this length unless cancelled before hand. There is no fee for cancelled accounts that have been paid for yearly. If you cancell an account on the monthly billing cycle YesStreaming.com can not refund any payments made before. All Our payments are non refundable once the 24 HOURS money back guarantee has passed. The only time your monthly plan will end is if your account does not comply with our terms of service/acceptable usage policy.Our monthly payments is non-refundable if your account does not follow our terms of service/acceptable usage policy.

Money Back Guarantee

You are entitled to claim our 24 hours-money back guarantee providing you meet the following requirements.
– You must claim during the first 24 hours of using our services
– Your are subject to our terms of service and acceptable usage policy
Our special promotions are excluded from our 24Hours money back guarantee.

Cancellation and Early Termination

Customers must acknowledge that the amount of the services bought is based on customers agreement to pay the fee for the initial term or renewal term.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of YesStreaming.com is strictly prohibited. YesStreaming.com will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include “Internet scamming” (tricking other people into releasing their passwords), password theft, security hole scanning, etc. Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or Server belongs to YesStreaming.com, will result in action against YOU. Possible actions include warnings, account suspension or cancelation, as well as civil or criminal legal action, depending on the seriousness of the attack.

All streaming purchased from yesstreaming is limited in a bitrate (X kbps). If you choose to stream above the purchased bitrate on a streaming server, we reserve the right to terminate your account without warning,explanation or refund IMPORTANT NOTE – YesStreaming.com has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE.

Disk Space Abuse

YesStreaming.com will be the sole arbiter as to what constitutes a violation of this provision. You are reponsable for monitoring your disk space usage. If you need extra disk space contact one of our staff and they will be happy to help out. You can also upgrade your hosting plan from inside your YesStreaming.com client account. AUP

Customers agree to use our services under the Acceptable Usage Policy which is here by incorporated with this agreement. Customers agree that YesStreaming.com hold the right to change their AUP at any time to meet streaming hosting standards and laws. Amendments to the AUP are effective on the earlier of YesStreaming.com notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with YesStreaming.com reasonable investigation of any suspected violation of the AUP. In the event of a dispute between YesStreaming.com and Customer regarding the interpretation of the AUP, YesStreaming.com commercially reasonable interpretation of the AUP shall govern.

Customer Information

Customer represents and warrants to YesStreaming.com that the information he, she or it has provided and will provide to YesStreaming.com for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to YesStreaming.com that he or she is at least 18 years of age. YesStreaming.com may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contract.

TECHNICAL SUPPORT BOUNDARIES

YesStreaming.com provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our control panel interface, servers within our immediate responsibility and any other streaming hosting related issues. Unlike many streaming hosting companies We do our best to help with Web player scripts However, under no circumstances is YesStreaming.com obligated to help YOU,web players /or any other related to our streaming servers scripts for any errors produced that have been modified by YOU previously.

Indemnification

Customer agrees to indemnify and hold harmless YesStreaming.com, YesStreaming.com’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer. YOU AGREE TO DEFEND,INDEMNIFY AND HOLD HARMLESS YesStreaming.com AGAINST LIABILITIES ARISING OF:
(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH YesStreaming.com’S SERVER.
(2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY
(3) COPYRIGHT INFRINGEMENT AND
(4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM YesStreaming.com’S SERVER.

Disclaimer of Warranties

YesStreaming.com does not warrant or represent that the services will be uninterrupted, error free, or completely secure. To the extent permitted by applicable law YesStreaming.com disclaims any and all warranties including the implied warranties or merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by applicable law all services are provided on an “As Is” basis.

Limitation of Damages

Neither party shall be liable to the other for any lost profits or any indirect, special incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.

Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of YesStreaming.com and any of its employees, agents or affiliates, under any theory of the law (including breach of contract, tort, strict liability and infringement) shall be a payment of money not to exceed the amount payable by customer for the three months service.

Suspension of Services/Termination

Customer agrees that YesStreaming.com may suspend services to Customer without notice and without liability if: (i) YesStreaming.com reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) YesStreaming.com reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay YesStreaming.com reasonable reinstatement fee if service is YesStreaming.com following a suspension of service under this subsection.

The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if YesStreaming.com fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail. The Agreement may be terminated by YesStreaming.com prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon five (5) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from YesStreaming.com describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer’s Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations. If you break our terms of service/acceptable usage policy we hold the right to cancel any services. We will never cancel any services without trying our best to resolve the problem with you. However in extreme cases such as an account containing child pornography we hold the right to cancel services without any prior warning. We do not refund any accounts breaking our terms of service/acceptable usage policy. For example if we cancel your hosting account during your first month for breaching copyright, we will not refund you for the first month. This is to prevent people signing up for our services with the intention of breaching our terms.

Request For Customer Information

Customer agrees that YesStreaming.com may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that YesStreaming.com believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

Back Up Copy

Customer agrees to maintain a current copy of all content hosted by YesStreaming.com not with standing any agreement by YesStreaming.com to provide back up services.

Changes To YesStreaming.com’s Network

Upgrades and other changes in YesStreaming.com’s network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer’s hosted content and/or applications. YesStreaming.com reserves the right to change its network in its commercially reasonable discretion, and YesStreaming.com shall not be liable for any resulting harm to Customer. Notices

Notices to YesStreaming.com under the Agreement shall be given via electronic mail to the e-mail address posted for customer support. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.

Force Majored

YesStreaming.com shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond YesStreaming.com’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

Governing/Law Disputes

Governing Law
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of United Kingdom, without giving effect to any principles of conflicts of law.

Miscellaneous

Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trade mark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer’s purchase order or other business forms are not binding on YesStreaming.com unless they are expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without YesStreaming.com’s prior written consent. YesStreaming.com’s approval for assignment is contingent on the assignee meeting YesStreaming.com’s credit approval criteria. YesStreaming.com may assign the Agreement in whole or in part. This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes and replace any prior understanding or communication, written or oral.

Copyright Files

All files stored on YesStreaming.com’s servers must be legally-owned and be accompanied with a valid license and/or copyright. This include and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion.

CANCELATION OF SERVICE

YesStreaming.com reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be not Refundable ,if we institutes our right of cancelation. Any violation of policies which results in extra costs billed to YOU. PROMOTIONAL RATES & SPECIAL OFFERS YesStreaming.com may offer subsequent promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not effect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.

INTELLECTUAL PROPERTY RIGHTS

Material accessible to you through YesStreaming.com’s services may be subject to protection under the United Kingdom or international copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use YesStreaming.com or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the YesStreaming.com network. If YOU use a domain name in connection with YesStreaming.com or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

NETWORK SECURITY

Customers may not use the YesStreaming.com network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. YesStreaming.com will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

LAWFUL PURPOSE

YesStreaming.com reserves the right to refuse service to anyone. YOU may only use YesStreaming.com server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in United Kingdom, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: “Pirated Warez”, AVI, MPEG, ISO,and “Unlicensed MP3”. The designation of any materials as such described above is left entirely to the discretion of YesStreaming.com management. If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that YesStreaming.com may disclose any and all YOUR information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.

PRIVACY STATEMENT

YesStreaming.com follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.

 

Postel Address:

315 TRS APPARTMENTS

THE GREEN

SOUTHALL

UB24FE

UNITED KINGDOM

Email: info @ yesstreaming.com

© 2017 YesStreaming. All rights reserved.
YESTREAMING IS THE TRADING NAME OF YESSTRA LIMITED.
Registered in England and Wales: 8848164.