Stream.JoinWeb's Acceptable Use Policy

Section 5.1 Content of Customer's Materials. Stream.JoinWeb does not actively monitor the Customer's material nor does Stream.JoinWeb exercise any editorial control over the content of any material that the Customer uploads into Stream.JoinWeb's service. However, Stream.JoinWeb reserves the right to remove any and/or all of the Customer's material from Stream.JoinWeb's service that are, in Stream.JoinWeb's discretion, potentially illegal, a violation of Trademark and/or Copyright, or may subject Stream.JoinWeb to liability, or violate the acceptable use policy stated below in this Agreement. Upon removal of the material, Stream.JoinWeb shall notify Customer of the removal of the materials, as well as the reason for removal. In no instance shall Stream.JoinWeb be liable for the removal of the materials.

Section 5.2 Acceptable Uses. This Agreement is designed to help protect Stream.JoinWeb's customers and the Internet community from irresponsible or illegal activities. In the event that Customer violates this Agreement through improper use of the service, as depicted in Section 5.3 below, Stream.JoinWeb reserves the right to suspend or terminate the service without notice. Stream.JoinWeb shall make reasonable efforts to advise Customer of the inappropriate behavior and offer any corrective action necessary. Stream.JoinWeb reserves the right to immediately terminate its service to Customer for any flagrant or repeat violations of this Agreement.

Section 5.3. Not Acceptable Uses. Incidents that may cause the account to be terminated include, but are not limited to:

1. Harassment: using the service to threaten or harass.
2. Using the service for any purpose other than which it is intended.
3. Attempting to impersonate any person, using forged headers or other identifying information in a defamatory way.
4. Violation of Trademark and/or Copyrighted material. Upon receipt of a legal notice to "Cease" hosting of material, Stream.JoinWeb will remove all related material until Customer has satisfactorily resolved the dispute.
5. Uploading any programs that may cause a disruption to the service.
6. Untimely payment of any and all amounts due.
7. Any action that violates the laws of applicable local, state, federal or international governmental bodies.
8. Sharing the account with anyone or re-selling the service.

Stream.JoinWeb will cooperate with any and all appropriate legal authorities in investigating claims of illegal activity, including, but not limited to illegal transfer or use of copyrighted material or other illegal activity. Stream.JoinWeb reserves the right to monitor or view material uploaded by Customer onto Stream.JoinWeb's service at any time for the purpose of ensuring compliance with this Agreement.

Section 5.4. Acceptable, But Not Suitable Uses For Customer or Technical Support. In some cases, Customer's content may not violate Stream.JoinWeb's "Acceptable Use" Policy, but yet be considered unsuitable for viewing or providing support in a professional environment shared by Stream.JoinWeb's employees. Such content (hereinafter deemed "unsuitable content") may be offensive, vulgar, excessively provocative, violent, of an Adult nature, contain nudity, unsuitable language, or other nature that warrants the content unsuitable for viewing or listening.

While it is not Stream.JoinWeb's policy to exercise censorship and remove content from our service that does not violate Stream.JoinWeb's "Acceptable Use" Policy, any content that is considered unsuitable for viewing will NOT be played, viewed, encoded, captured, digitized, handled or otherwise, displayed in any way, by any Stream.JoinWeb employee in the offices of Stream.JoinWeb. All employees of Stream.JoinWeb are permitted to use their own discretion in determining and rejecting content that is unsuitable for viewing or listening to for the nature of providing Customer Service or Technical Support.

If employees encounter a Customer requesting support for such content, Stream.JoinWeb's employees are required to notify Customer that suitable content for viewing must be uploaded into the account for any support to be made available, and only for suitable content, and that no support or customer service will be provided for unsuitable content. If Stream.JoinWeb receives an order or a shipment for the purposes of preparing any content for streaming, including, but not limited to digitizing or encoding, that should be unsuitable, whether discovery of such content is made prior to performing the service, or during the course of performing the service, such service shall cease immediately. Stream.JoinWeb will then return the content, or at the discretion and sole determination by Stream.JoinWeb's management, refer the Customer to an independent contractor for completion of services.

Section 5.5. Receipt of Copyright or Trademark Infringement Notification. If Stream.JoinWeb receives a notification of claimed copyright or trademark infringement with regard to Customer's content, whereby the notification includes: a physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of an exclusive right that is allegedly infringed; specific identification of the copyrighted, trademark or patented work claimed to have been infringed, or if multiple works are covered by a single notification, a list of each work claimed to have been infringed; information related to the work(s) reasonably sufficient for Stream.JoinWeb to promptly locate the work (e.g. title of work, URL location) within Stream.JoinWeb's Web site, Stream.JoinWeb's Customer's Web site, or that of a third party Web site; information reasonably sufficient to permit Stream.JoinWeb to directly contact the complaining party, such as a complete name and address, telephone number and/or email address; a statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent or the law; a statement requesting that Stream.JoinWeb take a specific act with respect to the alleged infringement (e.g., removal, access restricted or disabled; and a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, then Stream.JoinWeb will take appropriate actions under the Digital Millennium Copyright Act and/or other applicable intellectual property laws, which may including disabling or removing the work(s) from service and/or suspend or terminate Customer's service and withhold Customer's content until the matter has been fully resolved by all parties and such resolution has been submitted in writing to Stream.JoinWeb on terms mutually acceptable to Stream.JoinWeb, or if court action of legal jurisdiction determines otherwise.

Section 5.6. Live Events. Customer agrees not to use the service to host "live events" without the express written permission of Stream.JoinWeb and, if such consent is given, only pursuant to the terms and conditions designated in the written permission from Stream.JoinWeb or as per a Stream.JoinWeb Ancillary Services Agreement. In the event that Customer uses the service to host "live events" without the express written consent of Stream.JoinWeb, Stream.JoinWeb reserves the right to remove Customer's materials from Stream.JoinWeb's service, or otherwise block access by third-parties to Customer's materials.

Section 5.7. Disk and Bandwidth Utilization. Stream.JoinWeb's website specifies limits on bandwidth and disk utilization. By accepting this Agreement, Customer agrees to be bound by the service description applicable to its account. Stream.JoinWeb reserves the right to remove material and/or terminate or suspend the account due to any violation of bandwidth or utilizations limits ("overage") that Stream.JoinWeb deems inappropriate or excessive. Repeat violations of the allotted disk and/or bandwidth utilization may subject account to termination. Customer agrees to pay for all bandwidth and/or disk usage that exceeds their allotment based on the current charges depicted on this site (and no less than one cent per megabyte in data traffic and one dollar per megabyte in disk storage). While Stream.JoinWeb implements security mechanisms to prevent disk space over utilization, bandwidth monitoring, and online notification of disk space and bandwidth usage, Stream.JoinWeb cannot insure that such security, monitoring and notification mechanisms will work at all times without system failure. Therefore, Stream.JoinWeb is not responsible to notify Customer of overages and it is the Customer's responsibility to ascertain these conditions. Stream.JoinWeb will make reasonable efforts to keep client informed of overages exceeding Customer's allotment by 200% or more but can not guarantee such notification. Stream.JoinWeb advises that Customer anticipate the volume of users likely to view their media file in a given month and multiply that by the size of the file to approximate bandwidth usage per month.

Section 5.8. RealNetworks. Customer purchasing accounts that use RealNetworks' Streams are using Streams subject to the RealNetworks Licensing Agreement and agree to be bound by RealNetworks Stream License Agreement, a copy of which is available online for review at http://www.Stream.JoinWeb.com/realnetworks.html. Stream.JoinWeb shall not be liable for any violation of the RealNetworks Stream Licensing Agreement by Customer and Customer shall indemnify Stream.JoinWeb, including all attorney's fees and other costs, if Stream.JoinWeb shall be held liable for Customer's violation of the Licensing Agreement by any court of competent jurisdiction. As Stream.JoinWeb continuously upgrades our services with RealNetworks, their terms and conditions of their License Agreement are subject to change without notice.

Section 5.9. Windows Media. Customer purchasing accounts that use Windows Media are using Streams subject to Microsoft's Licensing Agreement and agree to be bound by Microsoft's Stream License Agreement. You may view a copy of the license agreement at http://www.Stream.JoinWeb.com/windowsmedia.html. Stream.JoinWeb shall not be liable for any violation of the Microsoft Windows Media Stream Licensing Agreement by Customer and Customer shall indemnify Stream.JoinWeb, including all attorney's fees and other costs, if Stream.JoinWeb shall be held liable for Customer's violation of the Licensing Agreement by any court of competent jurisdiction. As Stream.JoinWeb continuously upgrades our services with Microsoft, their terms and conditions of their License Agreement are subject to change without notice.

Section 5.10. QuickTime. Customer purchasing accounts that use QuickTime Streams are using Streams subject to Apple's Public Source License Agreement (Darwin 3.0) and agree to be bound by Apple's Public Source License Agreement as well as subsequent revisions that Apple Computer, Inc., may implement. You may view a copy of Apple's Public Source License Agreement at http://www.Stream.JoinWeb.com/quicktime.html. Stream.JoinWeb shall not be liable for any violation of Apple's Public Source License Agreement by Customer and Customer shall indemnify Stream.JoinWeb, including all attorney's fees and other costs, if Stream.JoinWeb shall be held liable for Customer's violation of the Licensing Agreement by any court of competent jurisdiction. As Stream.JoinWeb continuously upgrades our services with Apple Computer, Inc., their terms and conditions of their License Agreement are subject to change without notice.

Section 5.11. Java Streaming. Customer purchasing accounts that use Java Streaming are using Streams subject to the Free Software Foundation, Inc.'s GNU General Public License and agree to be bound by Free Software Foundation, Inc.,'s GNU General Public License Agreement as well as subsequent revisions that the Free Software Foundation may implement. You may view a copy of the GNU General Public License at http://www.Stream.JoinWeb.com/javalicense.html. Stream.JoinWeb shall not be liable for any violation of Free Software Foundation, Inc.'s General Public License Agreement by Customer and Customer shall indemnify Stream.JoinWeb, including all attorney's fees and other costs, if Stream.JoinWeb shall be held liable for Customer's violation of the Licensing Agreement by any court of competent jurisdiction. As Stream.JoinWeb continuously upgrades our services with Free Software Foundation, Inc., their terms and conditions of their License Agreement are subject to change without notice.

Section 5.12. Music License Fees. Customer shall be responsible for insuring that Customer's content will comply with all applicable licensing requirements by federal, state, local, regulated and contractual music licensing fees, including, without limitation, all BMI, ASCAP, and SESAC licensing requirements and fees, as well as all requirements and fees of the Digital Millennium Copyright Act of 1998.

Section 5.13. Modification of Media. In the event Customer wishes to modify, or otherwise change, the media on their Allotted Space, Customer shall have the privilege of doing so as long as compliance with the Terms and Conditions of this Agreement are met, and Customer does not exceed their allotted disk space and data-traffic. Customers wishing to modify their allotted package disk space and/or data-traffic should submit a request for modification to Stream.JoinWeb.com or use Customer's login and password to request a modification of service online.