Canstream Terms of Service

Definitions:

Canstream is the brand name for web hosting and media streaming services provided by the
Community Media Association (the CMA). The Community Media Association is the provider of
Canstream. The Client is the purchaser of a Canstream service or services from the CMA.

Terms and Conditions for use of the Canstream Service:

1. Content

The Client agrees to take sole responsibility for all content. The CMA is not liable for any action
taken against the Client as a result of their streamed content.

2. Content Restrictions and Product Misuse

The CMA will not actively monitor the content of the Client’s broadcasts. The Client should not,
however, use server resources for any illegal activity, including the sharing of copyrighted
programs, cracks, or serials, as well as libellous material. If it is brought to the attention of the
CMA that illegal content is being streamed then the CMA will terminate all services without
refund.

If it comes to the CMA’s attention that the Client is hosting material that violates these Terms of
Service, the CMA will investigate and take action. The Client understands and agrees that the
CMA reserves the right to immediately close any account that violates our Terms of Service.

The Client will not run any program or robot that is specifically designed to diminish server
resources.

The CMA will monitor stream connections and the amount of data streamed. If the Client is found
to be exceeding the bitrate agreed, then the product purchased or the Client account may be
disabled for up to 24 hours. The CMA may re-enable products/accounts before this time period,
however any breaches in the product specifications bought are considered against the acceptable
use policy and will be treated as such. The CMA will contact the Client in order to agree additional
payment for the increased service. However, the CMA reserves the right to terminate the Client’s
service immediately without refund if no agreement can be reached.

3. Adult or Inappropriate Content

The CMA will not support the streaming of any content which the CMA deems to be of an adult,
or other inappropriate, nature. If it is brought to the attention of the CMA that such content is
being streamed then the CMA will terminate all services without refund.

4. Licences

The Client is solely responsible for any applicable licence fees for their location. The CMA does
not award free licensing to agencies such as ASCAP, BMI, CARP, MCPS, PPL, PRS, RIAA, or
SESAC.

5. Liability

The CMA will not be held liable for any injury, loss of property, loss of data, or other mishap
caused by the use of CMA’s services. The CMA will make every effort to provide an uninterrupted
internet connection. However we do not warrant that the internet connection will be error free or
uninterrupted. We only perform daily incremental and full weekly backups of databases. The CMA
shall not be liable for any indirect, incidental or consequential damages (including lost data, lost
media, information, or profits) sustained or incurred in connection with lost data or media master
copies.

The streaming service should not be used for studio-transmitter links as an uninterrupted Internet
connection cannot be guaranteed. The automated listen again services may not be used for recording
broadcast output to comply with Ofcom’s statutory requirements, derived from section 117 of the 1996
Broadcasting Act, and section 334 of the 2003 Communications Act, as an uninterrupted Internet
connection cannot be guaranteed.

In consideration for the privilege of using the CMA’s hosting and streaming media services, the
Client hereby releases the CMA from any and all claims of any nature arising from the use, or
inability to use, the internet connection. The CMA is hereby waived of any legal obligation
pertaining to the use of our service.

6. Spam

The Client will not use the CMA resources to transmit bulk or spam email. This is defined as
electronic mail sent to a large group of recipients who did not expressly request to be sent the
mail.

7. Privacy

The CMA will not release any personal information about the Client, unless permission is
expressly granted. Some information may be made public if the Client chooses to list their content
in our online directory.

8. Payment

Payment for services will be collected before an account is created. Payment for subsequent
months will be charged on the anniversary date, defined as the day of the month that the Client
signed up for service, unless the Client is informed otherwise.

Uncleared payments may cause streaming services to be delayed until clearance of funds has
been obtained. The CMA reserves the right to place technical restrictions on any webcast
subscription that has fallen into payment arrears.

If a subscription is cancelled before use has been made of that service then an administration fee
of GBP30 is liable. If an annual subscription is cancelled within the first six months of the service
running then a maximum refund of 6 months fee is returnable to the Client. If an annual
subscription is cancelled after the first six months of the service running then no refund of
subscription will be returnable to the Client.

9. Cancellation

Requests for cancelling accounts may be made with at least 3 days notice. The Client
understands and agrees that the CMA reserves the right to close any account if the CMA believes
that the Terms of Service have been breached. The Client must have all account information in
order to be able to cancel the account. The Client also understands and agrees under the Terms
of Service that all payments to CMA are subject to the Terms and Conditions in the Payment
clause above.

11. Product Reselling

If the Client is found to be reselling a Canstream product, the CMA will immediately disable all
products and de-activate the account with no refund. The decision to disable the account is final
and there are no appeals.

12. Product Offers

Any offers made to the Client are offered on the terms agreed at the time. Any change made by
the Client which causes these terms to be breached will revoke any offer made by the CMA. No
reversal will be made and any monies outstanding/required will be paid by the Client.

The consumer offering from Canstream is limited to a maximum 200 listener streams per Client.
Any slots over this amount will, unless previously arranged, be subject to our Corporate Price List
which is available on request.

13. Directory Listings

If the Client is found to be broadcasting material which causes any issues relating to any directory
listings, such as the Shoutcast YP, the CMA may terminate their account without refund.

14. Amendments

Amendments to this agreement may be made at any time. No notification will be given to the
Client when changes are made; it is the responsibility of the Client to check the Terms of Service
on a regular basis.

15. Podcasting/ALISA Users

When uploading content, you grant Canstream a non-exclusive, worldwide, perpetual,
irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright,
publicity, and database rights (but no other rights) you have in the content, in any media known
now or in the future (these rights are required by us in order to host and display your content).

All podcast and ALISA users are instructed to keep local backups of their media files and
indemnify the CMA against loss of any media files.

The ALISA facility should not be used for logging station output.

The CMA reserves the right to prune podcast and Listen Again accounts to the contracted
storage limit and delete media files without notification to the Client. Recorded content may only
be published on the server for a maximum period of 28 days after which the content will
automatically be deleted.

The Client is instructed to make regular local backups of media files hosted on the podcast/Listen
Again facility and of any recordings made through the ALISA service.

Content recorded using the ALISA facility and published via the Canstream servers should only be
made publically available via a streaming media interface.

16. Video Streaming

The cost of the service of video stream hosting and storage covers permitted bandwidth as stated
in the contract. If the Client exceeds this limit then the CMA reserves the right to make additional
charges for the usage above the limit at its then prevailing charge rate. The CMA will endeavour
to inform the Client if bandwidth use exceeds the agreed level.

Errors and omissions excepted (E&OE).