Our general
terms and conditions and legal information
1. Scope of application
The following conditions apply exclusively to all
business relationships when using the streaming
service. Other conditions do not become part of the
contract, even if they are not expressly
contradicted. By activating and using the service,
the user undertakes to accept the following rules.
2. Service
2.1 Audio streaming ("Web radio" and "Business"
packages)
The user is aware that the server may only be
operated for the purposes described. MP3, AAC, AAC+
and OGG (only with Icecast2) are supported as audio
formats. The user is aware that when selecting a
streaming offer, he is setting a specific maximum
bandwidth (kBit/s) for his streams. The user of a
streaming server is not permitted to use a higher
bandwidth than booked for his streams. In the event
of a violation, the customer will be temporarily
blocked, in the event of a repeat violation,
permanently. A refund of any usage fees already paid
is excluded for both blockings.
The service area is limited to the end customer.
Subletting or subletting of the service is not
permitted. All offers for business customers
("business" packages) and video streaming offers are
expressly excluded from this.
If the so-called “Auto DJ” function is included in
the scope of services booked, FTP access is
available to the customer for uploading the pieces
of music. This FTP access may only be used to upload
the pieces of music. Misuse of FTP access, eg to
exchange files, is not permitted.
2.2 Video Streaming ("Video Streaming" Packages)
All rights, contracts, GEMA, etc. (e.g. the
copyright, usage and broadcasting rights) of the
video content (image and sound) to be transmitted
are the responsibility of the customer. The customer
must pay the fees, license fees, etc. to be paid to
the appropriate authorities depending on his use.
Proof to Streamserver24.com is not required.
The customer is subject to the rights and
obligations of the respective country of
broadcasting or live transmission as well as the
rights and obligations of the country of the
viewers, but in any case also to German law. The
obligations are not the responsibility of
Streamserver24.com, since we only provide the
technical infrastructure, but not the transmission
content/content.
Any kind of eroticism, racism, infringement of
copyrights and illegal content are not permitted and
constitute grounds for termination without notice.
We do not check the customer's content for
compatibility with applicable law. The customer is
responsible for compliance with the applicable legal
regulations. This applies in particular to the
national law to be observed by the customer.
We offer some free services as customer service, eg
transcoding, re-publishing on external platforms
such as Youtube or Facebook, as well as a web
player. Such diverse services are understood as a
free additional service. There is no guarantee of
their performance, speed, availability and scope.
Such services can also be switched off, restricted,
expanded or changed without prior notice, or are
temporarily unavailable due to maintenance work or
overload, for example.
3. Release from Claims by Third Parties
The user releases Streamserver24.com from all
third-party claims resulting from the user's
broadcasts. In particular, the user of the offer is
solely responsible for the editorial content of the
program and for safeguarding copyright and ancillary
copyrights. The user also exempts Streamserver24.com
from all third-party claims arising from this.
4. Availability
There is no entitlement to 100% availability of the
service. The user is aware that there is no
guarantee that his or her data will achieve their
goals on the World Wide Web. Streamserver24.com also
does not assume such a guarantee.
Customer accounts are regularly backed up. This
mainly includes the configuration data of the server
services. In particular, data uploaded by the
customer such as MP3/video files or playlists are
not subject to the automatic backup. The customer is
responsible for backing up his files and we do not
guarantee the availability of this data in the event
of a backup recovery.
5. Test account
In the private customer tariffs ("web radio"
packages), free test access with 5 possible
simultaneous listener slots is available during the
contract period. The customer may only use the test
account for test purposes. Permanent use is not
permitted. Misuse leads to immediate exclusion from
use.
6. Prohibited Content
The user undertakes not to send/stream any
criminally relevant content or messages with sexual,
racist or discriminatory references or messages that
would morally harass the recipient (listener) or
whose content violates the fundamental rights of the
Federal Republic of Germany.
The user undertakes to indemnify Streamserver24.com
from all damages, losses and expenses that
Streamserver24.com has to pay in whole or in part as
part of legal proceedings or as a result of
threatened or asserted claims resulting from
non-compliance with the above obligations .
7. Liability
Streamserver24.com is liable for culpable breach of
duty, for whatever legal reason, in particular
impossibility, delay, defective performance,
positive breach of contract and tort in the case of
slight negligence only in the event of a breach of
essential obligations that endangers the purpose of
the contract. Otherwise, Streamserver24.com is not
liable for slight negligence. In the case of
liability according to the previous paragraph and
liability without fault, especially in the case of
initial impossibility and legal defects,
Streamserver24.com is only liable for typical and
foreseeable damage. The liability of
Streamserver24.com for consequential damages and
indirect damages is excluded. Streamserver24.com is
not liable for that certain achievements or results
may be obtained through use of the Service.
Streamserver24.com is also not liable for the
content of the programs being in line with the legal
system of the Federal Republic of Germany and/or
other countries. All limitations of liability do not
apply to gross negligence, intent and guaranteed
properties.
8. Terms of payment
8.1 Invoicing
The fees are charged monthly in advance. The
customer undertakes to settle the invoice items
within 7 days of receipt of the invoice if an
extension of the service is requested.
8.2 Deactivating and blocking the account
If the customer does not extend his account by
paying the subsequent invoice, the account will be
blocked on the due date and irrevocably deleted
after a further 14 days. A recovery of the account
is excluded.
9. Contract Term & Termination
A service contract between Streamserver24.com and
the customer is concluded when an order is sent. The
contract begins when the order is accepted by
Streamserver24.com, usually when the access data
required to use the services is sent. This contract
is concluded for an indefinite period, but at least
for the duration of the selected payment period, and
can be terminated by either party at any time with a
notice period of one week (7 days) before the end of
the current billing period. Notice of termination
must be given in writing, either by e-mail or post.
If the contract has not been terminated, it will be
tacitly extended by the respective minimum term.
Streamserver24.com observes the data protection
regulations of the BDSG and the TDDSG. Further
information can be found in our data protection
declaration at
https://www.streamserver24.com/datenschutzerklaerung.html
11. Miscellaneous
Streamserver24.com hosts the stream on servers with
a network connection of at least 1 GBit/s per
server. However, the user is aware that
Streamserver24.com cannot guarantee availability on
the Internet.
In the event of misuse, Streamserver24.com reserves
the right to exclude individual users from using the
service and/or to block individual accounts.
With regard to § 3 FernAbsG, it is stated that
Streamserver24.com starts setting up the account on
the server immediately after receipt of payment for
the commissioned account.
Streamserver24.com reserves the right to change
these terms of use. This applies in particular if a
change becomes necessary due to mandatory legal
regulations. Changes to these Terms of Use will be
announced electronically via the website and/or by
email. They are considered approved if the user does
not object. The user must send the objection within
14 days after notification of the changes.
Should individual provisions of these Terms of Use
be invalid or unenforceable, this shall not affect
the validity of the remaining provisions. The
invalid or unenforceable provision is to be replaced
by a regulation that comes as close as possible to
the economic substance of the invalid or
unenforceable provision.
Place of jurisdiction is Essen, Federal Republic of
Germany
