Citrus3, Langridge Drive, Portslade, Brighton, BN41 2JB - 0870 8250368
Terms & Conditions & AUP
Date Modified: 14/09/2009 - Any changes will take effect 30 days from presented date only for existing customers. For new customers the TOS and AUP is effective immediately.
By signing up with citrus3.com, you agree that all information provided is accurate and correct. Any incorrect information provided may result in your account application being declined.
You should also ensure that your PayPal account is verified. We reserve the right to deny account applications to Unverified PayPal users. This done to prevent fraudulent transactions.
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.
On occasion citrus3.com may lower prices or promote a sale offering. This could be an incentive whereby you get a cheaper price for a service or get more for your money.
Please be aware that Citrus 3 will only apply the sale offer or price to those willing to pay with a Visa or Mastercard. Sale offers and promotions do not apply to those paying via paypal.
Contract, Cancellation & Refund Policy
Your service contract with citrus3.com begins upon receipt of payment, or the sending of your hosting login details via e-mail, whichever later. If you do not receive your hosting login details via e-mail within 2 calendar days of payment, you should e-mail support@citrus3.com. If you do not receive your hosting login details within 5 calendar days of payment, you are entitled to a full refund of money paid, providing no service has been used or accessed, and an e-mail was sent to support@citrus3.com during the 5 day period.
If you choose to pay monthly, then your hosting contract period with citrus3.com is 1 calendar month.
If you choose to pay quarterly, then your hosting contract period with citrus3.com is 3 calendar months.
If you choose to pay annually, then your hosting contract period with citrus3.com is 12 calendar months.
Fees are payable in advance. Once a service has been used or accessed, no refund will be available.
You can end your hosting with citrus3.com at any time by e-mailing info@citrus3.com only. Please be aware that we will not cancel an account if a request has been placed via any other form including a ticketing system. Please ensure you email info@citrus3.com to ensure your account is cancelled. There is no cancellation fee, however, pro-rata refunds are not available for any hosting plans.
You may also end your hosting with us by letting paypal know yourself and cancelling your subscription although using this method will result to your account being instantly deactivated.
Citrus3.com reserves the right to recycle an account name or port number to new customers once the account has been deactivated or closed.
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.
A violation of the bandwidth usage limit as outlined by us. If you exceed your agreed bandwidth limit, you will be liable for an overage charge. Excess bandwidth is charged at £1 per 1GB. This will be added onto your next hosting payment. In rare cases where we determine that your bandwidth use is detrimental to our network, we reserve the right to suspend your service whilst we discuss your usage requirements.
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.
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.
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.
-Using a bot or software to enhance the look of your stream by tuning in many times via the same 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 use our servers and services for accessing IRC networks.
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 support@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 aup@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 our 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 support@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.
Website Terms
Notice is hereby given that citrus3.com makes use of Google Adwords and Analytics tracking software to assist in developing a better website for our users. citrus3.com grants Google an exclusive license to process data contained within this website for the purposes of analysis and advertisment tracking.
Otherise, this website is licensed for personal, private, non-commercial use. Commercial and automated usage is licensed to customers and partners only. No automated processing by advertising systems is permitted, unless authorised by us.
UK RIPA NOTICE: NO CONSENT IS GIVEN FOR INTERCEPTION OF SITE TRANSMISSION WITHOUT WRITTEN PERMISSION.
Package icons and logos are used under license from Dreamstime.com LLC.