Terms of Service



Streaming Media

Streaming Media Terms of Service

Introduction:
This agreement is between KWD Services, Inc. d/b/a Slable hereinafter referred to as Slable, and subscribers to our streaming media services, hereinafter referred to as client. This agreement is effective for any period during which the client is a subscriber of any service offered by Slable These terms are only a general listing of our terms of service. For specific service related terms, please contact us by clicking Contact at the top of any page.

Termination:
If a Slable account is used to violate the Acceptable Use Policy or our Terms of Service, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however, certain violations of the Acceptable Use Policy will result in immediate termination of service. Our failure to enforce this policy, for whatever reason, shall not be construed as a waiver of our right to do so at any time.

Illegal Use:
Slable may not be used for illegal purposes, or in support of illegal activities. Slable reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. The Client agrees that for purposes of venue, this agreement was entered into in Prince William County, Virginia, and any dispute will be litigated in Prince William County, Virginia, and the Client hereby consents to the personal jurisdiction of the Virginia State Courts.

1. Broadcast Bitrate – Overstreaming:
Utilizing a higher bitrate than shown on your account details. SHOUTcast operates in a shared environment where bandwidth is provisioned very carefully, so abusing your bitrate will almost always result in the account being suspended for 15 days as well as being fined a fee no more than $50 and no less than $25. It is your responsibility to maintain proper control over the broadcast bitrate. SHOUTcast streams must be between 8kbps and the bitrate reflected on Subscriber’s account.

2. Content:
Client agrees to take sole responsibility for all content, including audio streaming, web pages, and any other service that is utilized. Slable is not liable for any action taken against a client as a result of their stream content or web content.

3. Content Restrictions:
Slable will not actively monitor the content of client’s broadcasts or website. Client will not, however, use server resources for any illegal activity, including the sharing of copyrighted programs as well as slanderous material. Client will not run any program that is specifically designed to bog down server resources.

4. Licenses:
Client is solely responsible for any applicable license fees for their location. Slable does not award free licensing to clients, such as ASCAP, BMI, SESAC, RIAA, SIAE, GEMA or CARP.

5. Liability:
Slable will not be held liable for any injury, loss of business, loss of property, loss of data, or other mishap caused by the use provider’s services or provider error. Slable 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 perform full monthly and weekly incremental back-ups; however, Slable shall not be liable for any indirect, incidental or consequential damages sustained or incurred in connection with lost data. Slable is hereby waived of any legal obligation pertaining to the use of our service.

6. Privacy:
Slable will not release any personal information about our clients, unless permission is expressly granted. Some information may be made public, if client chooses to list their content on our site for promotional purposes.

7. Payment:
Payment for services will be collected before an account is created. Payment for subsequent months will be charged on the client’s anniversary date, defined as the day of the month that they signed up for service, unless client is told otherwise. If payments that are not received by the due date, the service will be interrupted on accounts that reach 7 days after past due. Service interrupted for non-payment is subject to a $10 reconnect charge. If the to cancel your account, follow the proper procedure outlined in this agreement.

8. Failure to Pay:
Slable reserves the right to temporarily deny service or terminate this agreement upon the failure to pay charges when due.

9. Refund Policy:
Slable offers a refund guarantee for all streaming media products, regardless of the reason. We know that you will be 100% satisfied! Refunds of any kind for any reason may take up to 2 business days from the time the refund is requested or offered for processing.

10. Cancellation:
Requests for canceling accounts MUST be made by opening a ticket in the client portal with at least 7 days notice. Client must have all account information in order to be able to cancel the account. Refunds for hosting service used more than 30 days prior to date of cancellation will not be offered.

11. Legal Notice:
Notwithstanding anything to the contrary contained in this contract, neither Slable nor any of its employees or agents, warrant that the functions contained in the streaming audio server will be uninterrupted or error-free. The entire risk as to the quality and performance of the streaming audio server is with the client. In no event will Slable be liable to the Client or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the data center or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate services, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, you or your site visitor’s computer or Internet software, even if Slable has been advised of the possibility of such damages.

12. Bandwidth Usage:
Slable will monitor the customer’s bandwidth usage. Slable reserves the right to take corrective action if customer’s usage negatively impacts other clients. Slable may put a cap on bandwidth on all accounts without notice.

13. Content:
You are solely responsible for the content streamed through the streaming media server provided by Slable If court actions arise against customer’s content on his/her streaming audio server, the client will hold harmless, protect, indemnify and defend Slable and its subcontractors from any liability (including attorney fees and court costs), including any claim or suit, threatened or actual, arising from the use of such elements furnished by the Client. Slable only supports MP3, MP3Pro, AAC, and AAC+ related material on the streaming audio servers. All other non-supported material is not allowed and its use is prohibited on the streaming audio server.

14. Amendments:
Slable reserves the right to revise, amend, or modify the Terms of Service, Acceptable Use Policy, Privacy Policy, and our other policies and agreements at any time and in any manner. It is the responsibility of the client to periodically check this agreement for such changes.

These terms are effective from April, 2007. Last Modified: January 17, 2014.

Shared Website Hosting

Shared Web Hosting Terms of Service

Introduction:
This agreement is between KWD Services, Inc. d/b/a Slable hereinafter referred to as Slable, and subscribers to our shared web hosting services. This agreement is effective for any period during which the client is a subscriber of any service offered by Slable These terms are only a general listing of our terms of service. For specific service related terms, please contact us by clicking Contact at the top of any page.

1. Account Setup
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not on the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with Slable, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. Slable is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high-risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

Our transfer team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we cannot make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.

The free transfer services are available for 30 days from your sign up date and only available if your previous hosting company is running cPanel. If your previous company was running a non-standard control panel, there could be a migration fee. Transfers outside of the 30-day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.

2. Content
All services provided by Slable may only be used for lawful purposes. The laws of the State of Virginia and The United States of America apply.

The customer agrees to indemnify and hold harmless Slable from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be charged an administrative fee and can result in termination of your account. If you believe that your copyright or trademark is being infringed upon, please email Abuse@Slable.com with a valid DMCA request. If the request is of a licensing issue, we may require further documentation.

Using a shared account as a backup/storage device is not permitted, and any backups including cPanel Backups will be automatically deleted from our servers.

Examples of unacceptable material on all Shared and Reseller servers include:

  • Topsites
  • IRC Released Items
  • Public Proxy Scripts/Anonymizers (Unless they are for your private use only)
  • Pirated Software/Warez (Linking to pirated software is also not allowed, this includes sites such as MegaUpload, RapidShare, etc.)
  • Public Image Hosting Scripts (Unless they are for your private use only)
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to rapidshare)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Gambling/Casino Sites
  • MUDs/RPGs/PBBGs
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Bulk Email Scripts
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

Examples of unacceptable material on all Dedicated (VPS) servers include:

  • IRCD (irc servers)
  • IRC Scripts/Bots
  • Pirated Software/Nulled Scripts/Warez
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/spam Scripts
  • Escrow
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Bulk Email Scripts
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

Slable services, including all related equipment, networks and network devices are provided only for authorized customer use. Slable systems may be monitored for all lawful purposes, including ensuring that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Slable system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Slable may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via support ticket/email and will have a response within 48 hours.

Sites hosted on Slable’s service(s) are regulated only by U.S. law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. Slable.com is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a US Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.

The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like Slable and many of Slable’s other webhosting services and brands are re-publishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user that creates or publishes the content. Therefore, Slable should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under Slable’s webhosting service(s).

If in doubt regarding the acceptability of your site or service, please contact us at Abuse@Slable.com and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita): Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the FBI.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

3. Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account that results in our IP space being blacklisted will be immediately suspended and/or terminated.

Bulk email will only be allowed on our VPS platform and must abide by all US laws regarding spam, including the CAN-SPAM act.

Slable reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

Slable reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Slable.

4. Payment Information
You agree to supply appropriate payment for the services received from Slable, in advance of the time period during which such services are provided. You agree that until and unless you notify Slable of your desire to cancel any or all services received, those services will be billed on a recurring basis.
As a client of Slable, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify Slable of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by Slable. Slable reserves the right to bill your credit card or billing information on file with us. Slable provides a 14-day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 3 days and not paid will result in a 25% late fee and/or an account suspension until account balance has been paid in full. The late fee is applied in addition to whatever else is owed to Slable for services rendered. Access to the account will not be restored until full payment has been received. If the customer has multiple services, they risk having their other services suspended until all services are paid up to date.

Domain renewals are billed and renewed 14 days before the renew date. No refunds can be given, once a domain is renewed. All domain registrations, and renewals are final.

Accounts that are 14 days past due will be automatically deleted from our servers. If you wish to restore a cancelled account or receive a backup of a suspended account, there will be a $50.00 fee if there is a backup available. Any special pricing you had on your old account will not transfer to the new account, all new accounts will pay current prices on our website.

Slable reserves the right to change the monthly payment amount and any other charges at anytime.

Any chargebacks against Slable will occur a $150 chargeback fee.

5. Backups and Data Loss
Your use of this service is at your sole risk. This service is provided to you as a courtesy. Slable is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Slable servers. You can generate your own backups via the cPanel interface.

6. Cancellations and Refunds
Slable reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice. Any abuse of our staff in any medium or format will result in the suspension or termination of your services without refund.

Cancellations must be done online: you can cancel your hosting account via our client portan at https://clients.slable.com

There are no refunds on shared web hosting, dedicated or VPS servers, administrative fees, addons such as dedicated IPs, install fees for custom software, or domain name purchases.

Violations of the Terms of Service will not receive any refunds.

7A. Resource Usage
Dedicated IPs are only to be used for SSL-based websites, you must provide a valid SSL certificate in order to receive a dedicated IP.

User may not:
1. Use 15% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP scripts, HTTP, etc.
2. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
3. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
4. Run any software that interfaces with an IRC (Internet Relay Chat) network.
5. Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
6. Participate in any file-sharing/peer-to-peer activities
7. Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
8. Run cron entries with intervals of less than 15 minutes.
9. Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
10. When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)

7B. Inodes
The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage, however databases will still be backed up. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here.

8. Uptime Guarantee
If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of Slable dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server that may differ from the uptime reported by other individual services. To request a credit, please contact Billing@Slable.com with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions.

9. Reseller: Client Responsibility
Resellers are responsible for supporting their clients. Slable does not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. Slable will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

10. Shared (Non-Reseller Accounts)
Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account.

11. Price Change
The amount you pay for hosting may increase after the date of purchase. We reserve the right to change prices listed on Slable.com, and the right to increase or decrease the amount of resources given to plans at any time.

12. Coupons
Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not resign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our sales department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account.

13A. Indemnification
Customer agrees that it shall defend, indemnify, save and hold Slable harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Slable, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Slable against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Slable; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Slable’s server.

13B. Venue
The Client agrees that for purposes of venue, this agreement was entered into in Prince William County, Virginia, and any dispute will be litigated in Prince William County Circuit Court or in the United States District Court for the Eastern District of Virginia, in Alexandria, Virginia. The Client hereby consents to the personal jurisdiction of the Virginia State and Federal Courts. Furthermore, the Client waives any right to or claim of sovereign immunity.

14. Disclaimer
Slable shall not be responsible for any damages your business may suffer. Slable makes no warranties of any kind, expressed or implied for services we provide. Slable disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Slable and its employees.

15. Disclosure to Law Enforcement
Slable may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

16. Change to the TOS
Slable reserves the right to revise its policies at any time without notice.

VoIP


Please check with your account manager.

Dedicated Servers/Colocation


Please check with your account manager.

DJ and Entertainment Services


Please check with your account manager.

I.T. Support


Please check with your account manager.