Citrus 3 Limited(United Kingdom) Terms & Conditions & AUP
By making a purchase via the CITRUS3.COM website you are entering into agreement with these terms & conditions.
Citrus 3 is fully PCI DSS certified by SecurityMetrics.com and does everything it can do ensure customers financial details are secure. We use a 3rd party to process all card payements - Spreedly.com for subscriptions, IridiumCorp for processing equipment, and Barclaycard for merchant services. All parties are fully PCI DSS certified.
Sales & Price Increases
Should Citrus3.com ever increase the prices of any service offered via the website the existing client will not be charged anything extra and will remain to pay the agreed amount they chose to pay on the date of purchase.
Scheduled Payments
All payments made to Citrus3.com will be billed on the 1st of every month or the 15th of every month depending on signup date. For example if you sign up on the 20th of the month, your next payment will be due on the 15th of the following month. If this is the case 5 days of credit is also applied to your account to set you in line with the billing schedule.
Legal Information
You agree to indemnify and hold harmless citrus3.com, its subsidiaries, their affiliates and each of their respective directors, officers, employees, shareholders and agents (each an "Indemnified Party") against any losses, claims, damages, liabilities, penalties, actions, proceedings, judgments, or any and all costs thereof (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to the Agreement, Your use of the Products and Services, breach of any confidentiality obligation or any alleged infringement of any trademark, copyright, patent or other intellectual property right and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys' fees incurred by such Indemnified Party, in connection with investigating, defending, or settling any Loss, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.
If you cancel your subscription we will immediately cancel your account.
***Unlimited Bandwidth
All advertised packages on http://www.citrus3.com/shoutcast.php come with unlimited and unmetered bandwidth. There are no restrictions whatsoever. No extra charges or speed throtling.
Our bandwidth on tap service does however include bandwidth limitations and more information can be found on http://www.citrus3.com/150plus.php
Upgrading to more than 150 listeners
Citrus 3 is unable to provide an "unlimited bandwidth" service to those requiring more than 150 listeners. For those clients in need of more slots the bandwidth on tap for service is ideal: http://www.citrus3.com/150plus.php
Auto DJ
Auto DJ is a service whereby a client is able to upload mp3 tracks to our server and have us broadcast it for you. The service includes basic scheduling, start, stop, shuffle, and station info settings. Due to the nature of AOL's SC_Trans (auto dj transcoder), there is no guarantee for uptime with Auto DJ services. We have no guarantee that music/data uploaded will always remain on the server as we do not keep backups of this.
Royalty Reporting & Licence Fees
Citrus 3 does not include royalty fees for copyrighted music broadcast accross our network with any package sold. It is the responsibility of the broadcaster to view the terms of playing copyrighted music in the location where the station is financially located. Citrus 3 will not be held responsible for client broadcasting copyrighted material without a licence or permission from producer/artist.
Support (Helpdesk & Premium)
All clients have access to our helpdesk service completely free. The helpdesk team operate from 9AM - 5PM GMT Monday - Friday and can respond during this time. Premium support runs via an email system premium@citrus3.com and is free to clients with package costing £9.99 or higher. Clients on lower packages can still submit requests however will automatically be charged a £5 admin fee for 24 hours use of the service once the request has been completed.
Our Liabilities To You & Your Assets
citrus3.com SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE PRODUCTS AND SERVICES BY YOU OR ANY THIRD PARTIES OR ANY FAILURE OF THE PRODUCTS AND SERVICES OR (ii) ANY LOSS OF DATA OR CORRUPTION OF DATA, INCLUDING LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES, SERVICE INTERRUPTIONS, FAILURE OF OUR NETWORK, FAILURE OF SERVERS, THE RELOADING OF AN OPERATING SYSTEM OR OTHER SOFTWARE ON A hosting OR THE NEGLIGENCE OF citrus3.com. CUSTOMER IS SOLELY RESPONSIBLE FOR SAFEGUARDING, BACKING UP AND ARCHIVING ALL DATA OWNED, CONTROLLED OR TRANSMITTED BY CUSTOMER THAT RESIDES ON OUR NETWORK OR ANY SERVER OWNED OR OPERATED BY US.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ANY CLAIM UNDER THIS AGREEMENT EXCEED THE AGGREGATE AMOUNT PAID BY CUSTOMER TO citrus3.com IN THE BILLING CYCLE IMMEDIATELY PRECEEDING SUCH CLAIM.
citrus3.com PROVIDES ALL PRODUCTS AND SERVICES .AS IS,. WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE PRODUCTS AND SERVICES AND citrus3.com SHALL HAVE NO LIABILITY THEREFORE.
If one or more of the provisions contained in this Agreement are found to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not be affected
Neither party shall lose any rights hereunder or be liable to the other party for damages or losses on account of failure of performance by the defaulting party if the failure is occasioned by any occurrence or contingency beyond its reasonable control, including war, strike, fire, Act of God, earthquake, flood, lockout, embargo, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of the nonperforming party; provided that such party shall use commercially reasonable efforts to promptly mitigate any damages or losses.
Cancellation & Refund Policy
Though we really hate to see you leave a service may be cancelled at any time with Citrus3 by providing 30 days of notice via the following method:
To cancel an account please email our billing team billing@citrus3.com. Please provide your username, email, and last 4 card digits ready as without these we are unable to provide a cancellation. We will be unable to help you close your account if we receive incorrect details. You will then receive a custom link to stop your subscription and be charged for your final month.
Citrus3.com reserves the right to recycle an account name or port number to new customers once the account has been deactivated or closed.
Fees are payable in advance. Once a service has been activated, or a software licence issued by Citrus 3 no refunds will be available. Once a service is activated it will remain active for the purchased 30 days and no pro rate refunds will be available.
We reserve the right to end your hosting contract with citrus3.com due to any of the following reasons:
The fees for the next hosting period are not paid within 14 days of them being due. Your hosting account will be suspended on the renewal date if no payment is received. All files and settings will be deleted on the 14th day if no payment is received. You will receive an e-mail 1 calendar week before payment is due, and again 2 calendar days before.
You violating any part of the Acceptable Use Policy. If we have evidence that supports a breach, no refunds will be due. Please ensure you read, understand and comply with ALL sections of the AUP.
You use the service to host content that may subject citrus3.com to legal liability.
A violation of the disk usage limit as outlined by us. If you exceed your agreed disk space, you may request an increase. If this is the case, please open a support ticket giving the request increase and the reason. We reserve the right to deny disk space increases.
Acceptable Use Policy
Citrus3.com will not tollerate any abuse of our network. If you are a shoutcast customer we DO provide unlimited data transfer with all packages however this only applies to those who do not abuse the network.
Abusing the network consists of the following reasons
-Using a bot or software to enhance the look of your stream by tuning in many times via different IP addresses.
-Tuning in or having your listeners connect to a stream many times to use bandwidth unecessarily.
-Having more than 20 people (non unique) from the same IP address connected for a prolonged period of time i.e. 48 hours. More than 20 non unique connections are considered as non real listeners and are affecting the quality of our network.
Citrus 3 reserves the right to calculate any of the above outside our *Unlimited usage policy and apply additional charges if we find our network is being abused by a client.
The current charge for not following the above guidelines for a shoutcast server is £0.25p per GB of total bandwidth used, or otherwise if not paid an immediate suspension of service. Refunds are not provided to those who abuse the Citrus3 network.
Citrus 3 will always contact the customer first prior to any charges being applied to discuss the matter.
Please Note: citrus3.com EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE DATA AND CONTENT TRANSMITTED THROUGH OR INTERMEDIATELY, TEMPORARILY OR PERMANENTLY STORED ON OUR NETWORK OR ANY SERVER AND FOR THE ACTIONS OR OMISSION OF USERS.
Prohibited Content
citrus3.com DO NOT permit ANY of the following content to be hosted on our servers, or transmitted across our network:
Any content that may be in violation of US Federal, State or International law. Examples include, but are not limited to: Hacking, Cracking, Fraud, Child Pornography, Extortion.
The sending of unsolicited communications through any medium. Examples include, but are not limited to: E-Mail, SMS. There will be fees involved should your account be disabled for spamming.
Viruses, Trojan Horses, Keyloggers, DoS creating software, Data Interception software.
The sharing of any copyrighted material, or Intellectual Property where permission has not been sought from the owner before transmission.
Any posted content that may be deemed, in our view, libellous, slanderous, harrassment or offensive to any person (alive or dead) or any company or entity.
IRC Policy
You may also host your own IRC server and/or services. You may not host any IRC server that connects to one of the major networks (DALnet, EFnet, etc). Please contact info@citrus3.com if you plan on connecting a server to a large network.
You may operate IRC bots and BNC software, provided that these are not used for any abusive or harrasment. If we receive verified reports of any disruptive IRC use, we reserve the right to block all IRC access to your hosting.
Miscellaneous
citrus3.com reserve the right to add or alter items listed in the AUP. We also reserve the right to contact you in regards any other activities that we deem to have a detrimental effect on our servers or services.
citrus3.com will co-operate with any law enforcement agency investigating a reported crime. This may involve the handing over of data and/or records we have. We reserve the right to do this without notice to you, if deemed necessary by the law enforcement agency.
Reporting an AUP Violation
If you wish to report an AUP violation of one of our customers, please e-mail info@citrus3.com. You will receive a reply from us within 1 working day. We reserve the right to withold information on our remedial actions.
Due to some servers being hosted in the USA, we are subject to the Digital Millennium Copyright Act. If you wish to report a DMCA violation of one of our customers, please e-mail info@citrus3.com. You will receive a reply from us within 1 working day. We will send a copy of your complaint to the customer in question who will have the option to appeal the request. citrus3.com will investigate all DMCA complaints, and resolve each on a case-by-case basis.
UK RIPA NOTICE: NO CONSENT IS GIVEN FOR INTERCEPTION OF SITE TRANSMISSION WITHOUT WRITTEN PERMISSION.
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