Terms of Service

Welcome to Caster.fm (the “Service” or “Site”).
By accessing or using our web site, you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use, without regard as to whether you are a registered member of Caster.fm or just a visitor.
We reserve the right, at our sole discretion, to change, modify, add, or delete parts of this Agreement at any time and without further notice.
It is your responsibility to regularly check this page to determine if there have been changes to these Terms of Use and to review such changes.
Your continued access of the Site after such changes are made conclusively demonstrates your acceptance of such changes.
Please read these Terms of Use carefully before registering for or using the Site.
These Terms of Use apply to members and non-members alike.
In order to use the Service, you must accept these Terms of Use.
You may do so by registering for membership with the Service or by actually using the Service.

Streaming and Content
Caster.fm does not keep track of stream contents and all content broadcast is the responsibility of the client.
We will not be responsible, or liable to any third party, for the content or any materials used by you or any other user of our site.

All licensing, copyright issues are the sole responsibility of the individual clients and/or their production entities. We have the right to remove any material or posting you make on our site and/or even close your account (if advised so or by our own privilege) if in our opinion, such material does not comply with the content standards. Remember you are (the user) the only one that responsible for the content, and the streaming broadcast. In addition, by using our service you agree to take the responsibility for any improper use of the content you supply.

Communication Services
Caster.fm Web Site may contain streaming broadcast, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, schedules, and/or other message or communication services.
You agree to use the Communication Services only to broadcast, post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Post, upload, transmit, share, store, Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or invasive of another's right to privacy or publicity.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that uploaded.
Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
Caster.fm reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Caster.fm sole discretion.

Access Restrictions
Caster.fm reserves the right, in its sole discretion, to terminate your access to the Caster.fm Web Site and the related services or any portion thereof at any time, without notice.
Use of the Caster.fm Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Caster.fm because of this agreement or use of the Caster.fm Web Site.
Caster.fm 's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Caster.fm right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Caster.fm Web Site or information provided to or gathered by Caster.fm with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Caster.fm with respect to the Caster.fm Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Caster.fm with respect to the Caster.fm Web Site.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
It is the express wish to the parties that this agreement and all related documents are drawn up in English.

Links
Caster.fm web site may contain links to websites operated by third parties.
Caster.fm does not monitor or control the linked sites and makes no representations regarding, and is not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites.
If you choose to access any third party site, you do so at your own risk.
The presence of a link to a third-party site does not constitute or imply Caster.fm 's endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the site.

Downloads and software
Any software that is made available to view and/ or download.
Caster.fm accepts no responsibility or liability in connection with any Software owned or controlled by third parties.

Third Party
Caster.fm may enable you to interact with information and services from businesses that are not owned or operated by Caster.fm.
The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses.
Caster.fm does not endorse, warrant, or guarantee such products, information, or services, and is not liable for the accuracy, completeness, or usefulness of such information or the quality of availability of such products or services.
Caster.fm will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information.
Any separate charges or obligations you incur in your dealings with these third parties are your responsibility and are not part of the fee, if any, charged for the Caster.fm Service.

Pro/Premium/Paid services


Important
By registering and purchasing via the site, you are agreeing to the following Terms of Service.
Caster.fm reserves the right to restrict, alter, or modify fees, benefits, rules, regulations, special offers, membership terms and conditions or terminate services at any time and without notice.
All previously mentioned in this document is relevant to this and all parts of this document.

Payment All packages are set up on a pre-pay basis. Services are billed on a monthly subscription basis unless otherwise specified.
All payment done is in U.S. currency.
only after Caster.fm receives the payment it should provide the purchased service.
Failure to pay for services delivered may result in suspension of the service.
All pricing is guaranteed for the term of pre-payment. Caster.fm reserves the right to change prices at any time, unless other terms have been agreed upon.
All payments of existing clients are non-refundable, clients wishing to cancel our service should contact us at least 7 days via the support area before the next billing date.
Cancelling a PayPal or Credit Card subscription directly without notifying us may result in an instant termination of service.
Caster.fm shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made by the customer.
Customer is solely responsible for all taxes and fees of any nature associated with all products and services.

Hosting and Content
By using this service, you agree to take full responsibility for the content you stream or host on the service.
Caster.fm does not monitor any stream content and all content broadcasted is the sole responsibility of the client.
We do not provide any form of legal cover to individuals or companys who utilize our services to distribute content with any copyright protection.
Under no circumstances will Caster.fm be responsible for the content uploaded or broadcasted buy our clients.
All licensing, copyright and royalty issues are the sole responsibility of the individual clients and/or their production entities.
If contacted by an authority in the event of an illegal situation, we will co-operate fully in any investigations they decide to make against clients found to be breaking the law.
All data is stored at client's own risk and we will take no responsibility for any loss, damage or corruption of files hosted on our servers.
you agree not to engage in any activity that can overwhelm our servers with heavy usage, or that requires a disproportionate amount of resources of its servers, including but not limited to, highly active CGI or chat scripts; Server processing and bandwidth resources are shared with other users and clients are required to understand this.
We reserve the right to monitor, restrict, suspend clients found to be using a disproportionate level of shared resources on a regular basis.
You may not use our services to distribute adult or illegal material.

Maximum Bitrate
A user can use up to the maximum bitrate that he purchased.
If he attempts to use a higher bitrate without upgrading his package, his account would be suspended or terminated.

Unlimited Policy
Caster.fm does not set a limit on the amount of listeners that might connect to the server, nor the amount of bandwidth a user might use.
However, our panel software requires a maximum number of listeners and bandwidth to be set,
Your server will set with a Limit of 1,000 Listeners and 15GB of Bandwidth, this limit can be raised at any time for free by opening a ticket with our customer support.
The service provided on our website is intended for personal sites, home businesses, and small businesses.
Our service is not intended for large enterprises, or stations better suited to a dedicated server.

Auto DJ Service
You are only permitted to upload and stream songs that are legally in your possession.
if advised so Caster.fm reserves the rights to delete any illegal content.
Caster.fm claim no responsibility whatsoever for what you choose to broadcast using our "Auto DJ" service.
You may not use "Auto DJ" service to distribute adult or illegal material.
Broadcasting with "Auto DJ" service, you are still responsible for meeting the legal requirements for your station.
This may include, but is not limited to, internet radio licensing.
Regarding users that have either cancelled their service or have an inactive account Caster.fm is not liable to keep any user data, such as songs uploaded to the servers.

Renewal
Upon expiration, this Agreement will renew automatically for the same duration as previously agreed to. Caster.fm reserves the right to not automatically renew any service plan.

Termination of service
We reserve the right at our sole discretion to close any account at any time without notice for any reason. A refund will not be provided, If your account is terminated due to a violation of the Terms of Service.
If your account is terminated for any other reason, it is at our sole discretion if a refund will be provided.

General
IN NO EVENT SHALL CASTER.FM OR ITS SUPPLIERS BE LIABLE FOR THE FOLLOWING:
(I) ANY REPRESENTATION OR WARRANTY MADE TO ANY THIRD PARTY BY LICENSEE, ANY DISTRIBUTOR OR THEIR RESPECTIVE AGENTS;
(II) FAILURE OF THE SERVICE TO PERFORM;
(III) FAILURE OF THE SERVICE TO PROVIDE SECURITY OND\OR STABILITY;
(IV) THE RESULTS OR INFORMATION OBTAINED OR DECISIONS MADE BY END USERS OF THE PRODUCTS OR THE DOCUMENTATION. THIS LIMITATION OF LIABILITY IS AN ESSENTIAL PART OF THE BARGAIN UNDER THIS AGREEMENT.

Privacy Policy

This Privacy Policy governs the manner in which Caster.fm collects, uses, maintains and discloses information collected from users (each, a "User") of the Caster.fm website ("Site").
This privacy policy applies to the Site and all products and services offered by Caster.fm.

Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.

Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.

Web browser cookies
Our Site may use "cookies" to enhance User experience. User's web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them. User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent. If they do so, note that some parts of the Site may not function properly.

How we use collected information
Caster.fm may collect and use Users personal information for the following purposes:

- To improve customer service
Information you provide helps us respond to your customer service requests and support needs more efficiently.

- To improve our Site
We may use feedback you provide to improve our products and services

. - To send periodic emails
We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests.

How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.

Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.

Third party websites
Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that website's own terms and policies.

Changes to this privacy policy
Caster.fm has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications.

Your acceptance of these terms
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

Contacting us
If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at: contact@caster.fm

This document was last updated on March 26, 2013