Terms And Conditions
DIGITAL STREAM, INC. TERMS OF SERVICE
This Agreement is between you as our Subscriber and Digital Stream, Inc., Digital Stream TV (or its affiliates) and it sets forth the terms and conditions under which you agree to use and we agree to provide the Digital Stream, Inc. “Live” Internet TV Service (hereinafter “The Service” or “Service”).
THIS IS A CONTRACT. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE SERVICE AND CONTACT US IMMEDIATELY TO TERMINATE IT.
1. Term and Acceptance of Agreement; Agreement Terms Generally Included.
The term of this Agreement will be either month-to-month or for a one or two year term (depending on the Service plan you select) (the "Term"). The Term begins when you accept this Agreement and ends when you or we terminate this Agreement as permitted herein.
Acceptance by you of this Agreement occurs upon the earlier of: (a) your acceptance of this Agreement electronically during an online order, registration or when installing the Software or the Services, product and equipment; (b) your use of the Service; or (c) your retention of the Software or Services, product and equipment we provide beyond thirty (30) days following delivery. If you change Service plans, your term and monthly rate may change (depending on the plan you select), but all other provisions of this Agreement will remain in effect unless otherwise noted.
This Agreement consists of the terms below, plus (a) the specific terms of your Service plan (including the plan's pricing, duration and applicable Early Termination Fee ("ETF") if any); (b) our Acceptable Use Policy (Attachment A); and (c) other Digital Stream, Inc. policies referred to in this Agreement (including our Privacy Policy), all of which are incorporated herein by reference. This Agreement and related policies are posted online at
http://www.DigitalStreamTV.com(policies) ("Website"). You can also receive a paper copy of this Agreement by writing to Digital Stream, Inc., 4439 S. Slauson Ave. Culver City, California 90230, USA.
2. DEFINITIONS AND CHANGES TO SERVICE.
1. "Content" may mean your personal or individual content and/or content provided by Digital Stream, Inc or its third party licensors or suppliers and accessible on the Service, including without limitation images, photographs, animations, video, audio, music, and text in any format.
2. "Services, product and equipment" means all of the services, product and equipment provided by Digital Stream, Inc. for use with the Service.
3. "Service" means all Digital Stream, Inc. Software, Services, product and equipment, Content, technical support, and newsgroup services, related services and other products and services provided by Digital Stream, Inc. under the pricing plan applicable to your Service.
3. REVISIONS TO THIS AGREEMENT.
From time to time we will make revisions to this Agreement and the policies relating to the Service. We will provide notice of such revisions by posting revisions to the Website Announcements page, or sending an email to your primary Digital Stream, Inc. email address, or both. You agree to visit the Announcements page periodically to review any such revisions. We will provide you with at least thirty (30) days notice prior to the effective date of any increases to the monthly price of the Service; revisions to any other terms and conditions shall be effective on the date noted in the posting and/or email we send you. By continuing to use the Service after revisions are effective, you accept and agree to abide by them.
4. AUTHORIZED USER, ACCOUNT USE, AND RESPONSIBILITIES.
1. You acknowledge that you are eighteen (18) years of age or older and that you have the legal authority to enter into this Agreement. You agree promptly to notify Digital Stream, Inc. whenever your personal or billing information changes.
2. You are responsible for all use of your Service and account, whether by you or someone using your account with or without your permission, including all secondary or sub-accounts associated with your primary account, and to pay for all activity associated with your account. You agree to comply with all applicable laws, regulations and rules regarding your use of the Service.
3. Restrictions on Use. The Service is a consumer grade service but can be designed for or used for a commercial purpose. Unless you have a valid Reseller or Distributor Agreement with Digital Stream, Inc., you may not resell the Service, use it, beyond your contracted volume purposes, or engage in similar Digital Stream, Inc. activities that constitute such use (commercial or non-commercial). If you subscribe to a Broadband Service, you may connect multiple computers/devices within a single home to your modem and/or router to access the Service, but only through a single Digital Stream, Inc.-issued IP address. You also may not exceed the bandwidth usage limitations that Digital Stream, Inc may establish from time to time for the Service. Violation of this section may result in bandwidth restrictions on your Service or suspension or termination of your Service.
5. PRIVACY POLICY; LEGAL COMPLIANCE.
Personal information you provide to Digital Stream, Inc. is governed by our Privacy Policy, which is posted on the Website and is subject to change from time to time. Digital Stream, Inc. reserves the right to provide account and user information, including email, to third parties as required or permitted by law (such as in response to a subpoena or court order), and to cooperate with law enforcement authorities in the investigation of any criminal or civil matter. Such cooperation may include, but is not limited to, monitoring of the Digital Stream, Inc. network consistent with applicable law. In addition, Digital Stream, Inc. is required by law to report any facts or circumstances reported to us or that we discover from which it appears there may be a violation of the child pornography laws. We reserve the right to report any such information, including the identity of users, account information, images and other facts to law enforcement personnel.
6. AVAILABILITY OF AND CHANGES TO SERVICE.
1. Service and Bandwidth Availability and Speed. . The Service you select may not be available in all areas or at the rates, speeds, or bandwidth generally marketed, and some locations may not qualify for the Service even if initial testing showed that your line was qualified. Bandwidth is provided on a per-line (not a per-device) basis. The bandwidth available to each device connected to the network will vary depending upon the number, type and configuration of devices using the Service and the type of use (e.g., streaming media), among other factors. The speed of the Service will vary based on network or Internet congestion, your computer configuration, among other factors.
2. Changes to Service or Features. Digital Stream, Inc. reserves the right to add, change or discontinue any of the features that are offered at the time of this Agreement including content or applications of the Service with prior notice to you. Prices will be adjusted to reflect deleted products or services and new services will be offered on an opt-in basis.
7. SOFTWARE LICENSES AND THIRD PARTY SERVICES.
1. We may provide you, for a fee or at no charge, software for use in connection with the Service which is owned by Digital Stream, Inc. or its third party licensors, providers and suppliers ("Software"). We reserve the right periodically to update, upgrade or change the Software and will inform you of any related changes to the settings and software on your computer or Services, product and equipment. You may use the Software only in connection with the Service and for no other purpose.
2. Certain Software may be accompanied by an end user license agreement ("EULA") from Digital Stream, Inc. or a third party. Your use of the Software is governed by the terms of that EULA and by this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms of the EULA.
3. For Software not accompanied by a EULA, you are hereby granted a revocable, non-exclusive, non-transferable license by Digital Stream, Inc. or its applicable third party licensor(s) to use the Software (and any corrections, updates and upgrades thereto). You may not make any copies of the Software. You agree that the Software is confidential information of Digital Stream, Inc. or its third party licensors and that you will not disclose or use the Software except as expressly permitted herein. The Software contains copyrighted material, trade secrets, patents, and proprietary information owned by Digital Stream, Inc. or its third party licensors. You may not de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Software, otherwise reduce the Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the Software. You acknowledge that this license is not a sale of intellectual property and that Digital Stream, Inc. or its third party licensors continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the Software and any export of the Software is strictly prohibited.
4. Your license to use the Software or any Additional Services will remain in effect until terminated by Digital Stream, Inc. or its third party licensors, or until your Service is terminated. Upon termination of your Service, you must cease all use of and immediately delete the Software from your computer.
5. If you subscribe to or otherwise use any third party services offered by Digital Stream, Inc., your use of such services is subject to the EULA of that third party provider. Violation of those terms may, in our sole discretion, result in the termination of your Service.
8. PRICING, CHANGES TO SERVICE PLANS AND PAYMENT.
1. Prices and Fees; Billing. You agree to pay the fees applicable to your Service, either on a monthly or prepaid basis, as applicable, and to pay: a) applicable taxes, b) surcharges, c) recovery fees, d) telephone charges, e) activation fees, f) installation fees, g) set-up fees, h) services, product and equipment charges, and i) other recurring and nonrecurring charges. The taxes, fees and other charges detailed in a)-d) above may vary on a monthly basis. Surcharges and recovery fees are not taxes and are not required by law, but are set by Digital Stream, Inc. and may change. You also agree to pay any additional charges or fees applied to your account, including interest and charges due to insufficient credit or insufficient funds. Non-recurring charges such as set up, activation and installation fees will be included in your first bill. Monthly Service recurring charges will be billed one month in advance; any usage charges will be billed in arrears. Pre-paid pricing plans for Additional Services will be billed in advance. Based on your election and subject to our approval, Digital Stream, Inc. or its agent will bill you directly, or bill your charge card. Billing for Broadband Services will automatically begin on the date provisioning of your Broadband Service is complete ("Service Ready Date"). Billing for Additional Services will begin on your Service Ready Date. Otherwise, billing for Additional Services will begin upon submission of your order, unless otherwise noted. We may, at our election, waive any fees or charges.
2. Pricing Plans with Minimum Terms. You agree to maintain your Service for the one or two year term that applies to the plan you have selected (a "Term Plan"). Your Term Plan begins on the later of: (a) the date you change your existing Broadband Service plan to a Term Plan; or (b) your Service Ready Date. At the end of any Term Plan you may be given the option to select a new Term Plan. If you do not select a new Term Plan, your Service will automatically convert to a month-to-month Service plan at a monthly fee that may be higher than your current rate. If you select a new Term Plan, the terms of that plan will apply.
3. Money Back Guarantee. If we provide a money back guarantee ("MBG") for your Service, it will begin on your Service Ready Date. During this MBG period you may cancel your Service and receive a full refund of all monthly, one-time and services, product and equipment charges paid to Digital Stream, Inc. (provided you return all Services, product and equipment in good working condition). If you fail to return the Services, product and equipment, an unreturned Services, product and equipment fee will apply. The MBG is limited to one per Subscriber per Service type per Service address.
4. Discontinuation of Service for Nonpayment. We may discontinue your Service without notice if Service charges on your charge card are refused for any reason, or if you fail to make payment when due or to provide us with a new charge card expiration date before the existing date expires.
5. Late Fees. If any portion of your bill is not paid by the due date, Digital Stream, Inc. may charge you a late fee on unpaid balances and may also terminate or suspend your Service without notice. The late fee will be the lesser of 1.5 % per month, or the highest rate permitted by law. If Digital Stream, Inc. uses a collection agency or legal action to recover monies due, you agree to reimburse us for all expenses we incur to recover such monies, including attorneys' fees.
6. Refundable Deposit. We may require that you provide us with a refundable deposit, which will be specified at the time of your order ("Subscriber Deposit"). We may also require an additional deposit after activation of the Service if you fail to pay any amounts when due. Within ninety (90) days after termination of your Service, we -will return your Subscriber Deposit, less any unpaid amounts due on your account, including any amounts owed for unreturned or damaged Services, product and equipment. Amounts held on deposit will not accrue interest except as required by law.
9. TERMINATION OR SUSPENSION OF SERVICE.
1. Termination of Service.
1. Broadband Subscribers with Month-to-Month Accounts. If you are a month-to-month Broadband Service customer, either you or Digital Stream, Inc. may terminate this Agreement any time by giving notice to the other as set forth in this Agreement. Termination by you will be effective upon your notice to us. Activation or set-up fees paid at the initiation of your Service, if any, are not refundable, except during the 30-day Trial period. Cancelation must be received in writting, one week before the end of the month, e-mail cancellations@digitalstream.tv or US mail 4439 S. Slauson Avenue, Culver City CA 90230.
2. Broadband Subscribers with Term Plans; Early Termination Fee. EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, IF YOUR BROADBAND SERVICE IS TERMINATED BY YOU OR BY US BEFORE COMPLETING YOUR TERM PLAN, THEN YOU AGREE TO PAY DIGITAL STREAM, INC THE ETF SET FORTH IN THE PRICING PLAN YOU HAVE CHOSEN. If you terminate Service at your location, your existing Term Plan cannot be carried over to a new Service location.
3. Termination and/or Suspension by Digital Stream, Inc. Digital Stream, Inc. reserves the right to change, limit, terminate, modify or temporarily or permanently cease providing the Service or any part of it with or without prior notice if we elect to change the Service or a part thereof or if you violate the terms of this Agreement. If Digital Stream, Inc. terminates your Service under this Section you must immediately stop using the Service and you will be responsible for the applicable fees and/or Services, product and equipment charges set forth in Sections 8.5, 9.1.1, or 9.1.2. If your Service is reconnected, a reconnection fee may apply.
2. Deletion of Data upon Termination. YOU AGREE THAT IF YOUR SERVICE IS TERMINATED FOR ANY REASON, DIGITAL STREAM, INC. HAS THE RIGHT TO IMMEDIATELY DELETE ALL DATA, FILES AND OTHER INFORMATION STORED IN OR FOR YOUR ACCOUNT WITHOUT FURTHER NOTICE TO YOU.
10. MANAGEMENT OF YOUR DATA AND COMPUTER.
1. Your Responsibilities Regarding Management of Your Computer and Data. You are solely responsible for obtaining, maintaining and updating all services, product and equipment and software necessary to use the Service, and for management of your information, including but not limited to back-up and restoration of your data. YOU AGREE THAT DIGITAL STREAM, INC IS NOT RESPONSIBLE FOR THE LOSS OF YOUR DATA OR FOR THE BACK-UP OR RESTORATION OF YOUR DATA REGARDLESS OF WHETHER THIS DATA IS MAINTAINED ON OUR SERVERS OR YOUR DEVICE(S). YOU SHOULD ALWAYS BACK-UP OR ARCHIVE ANY IMPORTANT INFORMATION SEPARATELY FROM DATA STORED ON DIGITAL STREAM, INC'S OR ANY THIRD PARTY'S SERVERS.
2. Content and Data Management by Digital Stream, Inc.: We reserve the right to: block or remove any unlawful content you store on or transmit to or from any Digital Stream, Inc. server. We do not guarantee the protection of your content or data located on our servers or transmitted across our network (or other networks) against loss, alteration or improper access.
3. Your Responsibilities Regarding Security. You agree that you are solely responsible for maintaining the security of your computer(s) and data, including without limitation, encryption of data and protection of your User ID, password and personal and other data.
4. Monitoring of Network Performance by Digital Stream, Inc. Digital Stream, Inc. automatically measures and monitors the performance of your Internet connection and our system. We also will access and record information about your computer and Services, product and equipment's profile and settings and the installation of software we provide. We do not share information collected for the purpose of system performance monitoring or for providing customized technical support outside of Digital Stream, Inc. or its authorized vendors, contractors and agents.
11. LIMITATIONS ON USE OF THE SERVICE.
1. You acknowledge and agree that Digital Stream, Inc. is not responsible for invalid destinations, transmission errors, or the corruption of your data and does not guarantee your ability to access all websites, servers or other facilities.
2. You acknowledge that the Service will allow access to information which may be sexually explicit, obscene or offensive, or otherwise unsuitable for children. You agree that the supervision of use of the Service by children is your responsibility and that Digital Stream, Inc. is not responsible for access by you or any other users to objectionable or offensive content. DIGITAL STREAM, INC. STRONGLY RECOMMENDS THE USE OF COMMERCIALLY AVAILABLE CONTENT FILTERING SOFTWARE.
3. You are not authorized to use any Digital Stream, Inc name or mark as a hypertext link to any Digital Stream, Inc. Web site or in any advertising, publicity or in any other commercial manner without the prior written consent of Digital Stream, Inc.
4. You agree that Digital Stream, Inc. assumes no responsibility for the accuracy, integrity, quality completeness, usefulness or value of any Content, advice or opinions contained in any emails, message boards, chat rooms or community services, or in any other public services or social networks, and that Digital Stream, Inc. does not endorse any advice or opinion contained therein, whether or not Digital Stream, Inc. provides such service(s). Digital Stream, Inc. does not monitor or control such services, although we reserve the right to do so.
5. You represent that when you transmit, upload, post or submit any content, images or data using the Service you have the legal right to do so and that your use of such data or content does not violate the copyright or trademark laws or any other third party rights.
6. Websites linked to or from your website(s) are not reviewed, controlled, or examined by Digital Stream, Inc. and you acknowledge and agree that Digital Stream, Inc. is not responsible for any losses you incur or claims you may have against the owner of third party websites. The inclusion of any linked websites or content from the Service, including websites or content advertised on the Service, does not imply endorsement of them by Digital Stream, Inc.
12. WARRANTIES AND LIMITATION OF LIABILITY.
1. You acknowledge and agree that the service supplied hereunder is provided on an "as is" or "as available" basis, with all faults. Except as otherwise specifically set forth in this agreement and as otherwise specifically set forth in any manufacturer warranty for any services, product and equipment provided by Digital Stream, Inc. (but only if such warranty is included with such services, product and equipment), Digital Stream, Inc. (and its officers, employees, parent, subsidiaries, and affiliates) (collectively the "digital stream, inc parties"), its third party licensors, providers and suppliers, disclaim any and all warranties and conditions for the service, whether express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, accuracy, non-infringement, non-interference, title, compatibility of computer systems, compatibility of software programs, integration, and those arising from course of dealing, course of trade, or arising under statute. Also, there is no warranty of workmanlike effort or lack of negligence. No advice or information given by Digital Stream, Inc. or its representatives shall create a warranty with respect to advice provided.
2. Digital Stream, Inc. does not warrant or guarantee that service can be provisioned to your location or that provisioning will occur according to a specified schedule, even if Digital Stream, Inc. has accepted your order for service. The provisioning of service is subject to network availability, circuit availability and your computer/device configuration and capabilities, among other factors.
3. Digital Stream, Inc. does not warrant that the service or services, product and equipment provided by Digital Stream, Inc. will perform at a particular speed, bandwidth or data throughput rate, or will be uninterrupted, error-free, secure, or free of viruses, worms, disabling code or conditions, or the like. Digital Stream, Inc. shall not be liable for loss of your data, or if changes in operation, procedures, or services require modification or alteration of your services, product and equipment, render the same obsolete or otherwise affect its performance.
4. In no event shall the Digital Stream, Inc. parties or Digital Stream, Inc.'s third party licensors, providers or suppliers be liable for: (a) any direct, indirect, punitive, special, consequential or incidental damages, including without limitation, lost profits or loss of revenue, loss of programs or information or damage to data arising out of the use, partial use or inability to use the service, or reliance on or performance of the service, regardless of the type of claim or the nature of the cause of action, including without limitation, those arising under contract, tort, negligence or strict liability, even if Digital Stream, Inc. has been advised of the possibility of such claim or damages, or (b) any claims against you by any other party.
5. The liability of the Digital Stream, Inc. parties, or (subject to any different limitations of liability in third party end user license or other agreements) our third party licensors, providers or suppliers, for all categories of damages shall not exceed a pro rata credit for the monthly fees (excluding all nonrecurring charges, regulatory fees, surcharges, fees and taxes) you have paid to Digital Stream, Inc. for the service during the six (6) month period prior to when such claim arose, which shall be your sole and exclusive remedy regardless of the type of claim or nature of the cause of action. The foregoing limitations shall apply to the full extent permitted by law, and are not intended to assert any limitations or defenses which are prohibited by law.
6. All limitations and disclaimers stated in this section also apply to Digital Stream, Inc.'s third party licensors, providers and suppliers, as third party beneficiaries of this agreement.
7. The remedies expressly set forth in this agreement are your sole and exclusive remedies. You may have additional rights under certain laws (such as consumer laws), which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply, our exclusions or limitations may not apply to you.
13. INDEMNIFICATION.
You agree to defend, indemnify and hold harmless the Digital Stream, Inc. and its affiliates from and against all liabilities, costs and expenses, including reasonable attorneys' and experts' fees, related to or arising from your use of the Service (or the use of your Service by anyone else), (a) in violation of applicable laws, regulations or this Agreement; (b) to access the Internet or to transmit or post any message, information, software, images or other materials via the Internet; (c) in any manner that harms any person or results in the personal injury or death of any person or in damage to or loss of any tangible or intangible (including data) property; or (d) claims for infringement of any intellectual property rights arising from or in connection with use of the Service.
14. NOTICES.
15. Notices required under this Agreement by you must be provided to us at Digital Stream, Inc., 4439 S. Slauson Ave. Culver City, California 90230 USA; Attention: Customer Service in the manner set forth in the Contact Us section of the Website. Notice by Digital Stream, Inc. to you (including notice of changes to this Agreement) shall be deemed given when: (a) transmitted to your primary email address; or (b) mailed via the US mail or hand-delivered to your address on file with us; or (c) when posted to the Announcements page of the Website.
1. If you send us an email, you agree that the User ID and/or alias contained in the email as legally sufficient to verify you as the sender and the authenticity of the communication.
16. GENERAL PROVISIONS.
1. All obligations of the parties under this Agreement, which, by their nature, would continue beyond the termination of this Agreement, including without limitation, those relating to Limitation of Liability and Indemnification, shall survive such termination.
2. Digital Stream, Inc. will not be liable for delays, damages or failures in performance due to causes beyond its reasonable control, including, but not limited to, acts of a governmental body, acts of God, acts of third parties, fires, floods, strikes, work slow-downs or other labor-related activity, or an inability to obtain necessary services, product and equipment or services.
3. You may not assign or otherwise transfer this Agreement, or your rights or obligations under it, in whole or in part, to any other person. Any attempt to do so shall be void. We may freely assign all or any part of this Agreement with or without notice and you agree to make all subsequent payments as directed.
4. You and Digital Stream, Inc. agree that the substantive laws of the State of California, without reference to its principles of conflicts of laws, will be applied to govern, construe and enforce all of the rights and duties of the parties arising from or relating in any way to the subject matter of this Agreement. You and digital stream, inc consent to the exclusive personal jurisdiction of and venue in a court located in Los Angeles county, California for any suits or causes of action connected in any way, directly or indirectly, to the subject matter of this agreement or to the service. Except as otherwise required by law, including California laws relating to consumer transactions, any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
5. Use, duplication or disclosure by any Government entity is subject to restrictions set forth, as applicable, in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19, FAR 12.212, DFARS 227.7202, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement. Contractor/manufacturer is Digital Stream, Inc. or its licensors and suppliers. The use of Software and documentation is further restricted in accordance with the terms of this Agreement.
6. Digital Stream, Inc.'s failure at any time to insist upon strict compliance with any of the provisions of this Agreement shall not be construed to be a waiver of such terms in the future. If any provision of this Agreement is determined to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect and the unenforceable portion shall be construed as nearly as possible to reflect the original intentions of the parties.
7. This Agreement, including all Policies referred to herein and posted on the Website, constitutes the entire agreement between you and Digital Stream, Inc. with respect to the subject matter hereto and supersedes any and all prior or contemporaneous agreements whether written or oral. No changes by you to this Agreement shall be effective unless agreed to in a writing signed by an authorized person at Digital Stream, Inc.
ATTACHMENT A
ACCEPTABLE USE POLICY
1. General Policy: Digital Stream, Inc. reserves the sole discretion to deny or restrict your Service, or immediately to suspend or terminate your Service, if the use of your Service by you or anyone using it, in our sole discretion, violates the Agreement or other Digital Stream, Inc policies, is objectionable or unlawful, interferes with the functioning or use of the Digital Stream, Inc. system or other users, or violates the terms of this Acceptable Use Policy ("AUP").
2. Copyright Infringement/Repeat Infringer Policy. Digital Stream, Inc. respects the intellectual property rights of third parties. Accordingly, you may not store any material or use Digital Stream, Inc.'s systems or servers in any manner that constitutes an infringement of third party intellectual property rights, including under US copyright law. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, it is the policy of Digital Stream, Inc. to suspend or terminate, in appropriate circumstances, the Service provided to any subscriber or account holder who is deemed to infringe third party intellectual property rights, including repeat infringers of copyrights. In addition, Digital Stream, Inc. expressly reserves the right to suspend, terminate or take other interim action regarding the Service of any Subscriber or account holder if Digital Stream, Inc., in its sole judgment, believes that circumstances relating to an infringement of third party intellectual property rights warrant such action. These policies are in addition to and do not affect or modify any other rights Digital Stream, Inc. may have under law or contract. Digital Stream, Inc. may, but is not required to, monitor your compliance, or the compliance of other subscribers, with the terms, conditions or policies of this Agreement and AUP. You acknowledge that Digital Stream, Inc. shall have the right, but not the obligation, to pre-screen, refuse, move or remove any content available on the Service, including but not limited to content that violates the law or this Agreement.
ATTACHMENT B
PRIVACY POLICY
Digital Stream, Inc. respects your right to privacy. We adhere to a set of privacy principles which form the basis of our privacy policy. When you visit this site you may provide information on two different levels about your visit:
· Anonymous statistics collected as you browse the site, and
· Personal information you knowingly give us.
We want you to be aware of what information we collect, and how we handle this information.
What information does the Web site gather?
Please be assured that we do not collect personal information from you unless you provide it to us. This means that you can visit our Web sites without telling us who you are or revealing any information about yourself (such as your e-mail address, software you are using or any information about yourself).
As you browse the site, our web servers collect information about your visit, not about you personally. Via web server logs, we monitor statistics such as:
· How many people visit our site
· Which pages people visit on our site
· From which domains our visitors come (e.g., aol.com)
· Which browsers people use to visit our site
None of this information is associated with you as an individual (see information about cookies. We use these statistics to improve our Web site, to monitor its performance, and to make the Web site easier for you and other visitors to use.
· What about pages that asks for personal information?
· When visitors supply information about themselves for a specific purpose, we use the information for that purpose (such as to provide the service or information the visitor has requested).
For example, you may be asked to give us individual information to purchase a product or service, receive information, manage online account registration, or apply for a job. The information may range from your zip code, to your phone number, account number, a credit card number, age, gender, mother's maiden name, social security number, e-mail address, organization URL, resume, or mailing address.
When visitors use our Web site to order services, we may use this individually identifiable information as we would use the same information obtained in a traditional non-electronic manner. For example, to publish your name, address, and phone number in our directories (unless you have requested a non-published number), or to evaluate your service needs and contact you regarding additional services you may find useful.
Should any changes be made in the way we use personally identifiable information, Digital Stream, Inc. will contact you via email notifying you of this change and to give you the opportunity to choose to opt-out of such use.
Network Performance and Your Internet Connection
Digital Stream, Inc. automatically measures and monitors network performance and the performance of your Internet connection in order to improve the level of your service. Digital Stream, Inc. also will access information about your computer's settings in order to provide customized technical support. You can be assured that no adjustments to your computer settings will be made without your permission, which you give at the time that the adjustments are being made, and which you can revoke at any time. Digital Stream, Inc. does not share information collected for the purpose of network or computer performance monitoring or for providing customized technical support outside of Digital Stream, Inc. or its authorized vendors, contractors and agents.
What happens to information when I fill out registration forms?
We encourage all visitors to register with us, although registration is only required for certain transaction-related areas of www.DigitalStream.TV or other Digital Stream, Inc. or co-branded sites. The registration forms request accurate contact information (like name and e-mail address) and preferences that help us better serve you. Your name and e-mail address are used to send you information about our company, product updates, special offers, and newsletters. You may change your email, user ID or password online; or you can choose to remove your name from our user list by going to contact us and emailing us a request to remove your name from the online billing application.
For our local phone service customers, you may also be given the option of registering a profile with us (limited to specific areas). This would store your name, purchase history, and billing information to make it easier for you to shop and purchase products/services from us in the future. You may opt out of this feature at any time by either going to; contact us and emailing us your request, or in some applications you can cancel/change your profile within the application itself.
We strive to ensure that the information we obtain and use about customers is accurate. Please contact us to review or modify any personal information we have previously collected from you online or if you find an error in your bill. Customers have access to their account information via our monthly bills. To improve the services we can offer you, we may decide to expand the site's capabilities for obtaining information about users in the future. We will update this privacy statement continually to ensure that you are aware of developments in this area.
Do you sell or give my information to non-Digital Stream, Inc. companies, other third parties or governmental entities?
Digital Stream, Inc. does not sell or disclose individually-identifiable information obtained online, or information about you or your account or service, to anyone outside of Digital Stream, Inc. or its authorized vendors, contractors and agents unless you specifically authorize it, disclosure is required by law, or deemed necessary by Digital Stream, Inc. in its sole discretion to protect the safety, rights or property of Digital Stream, Inc. or any other person or entity. If you provide individually identifiable information to us in the context of an event Digital Stream, Inc. sponsors with another company, such as a contest, or if you register on a co-sponsored site or feature, you may also be providing the individually identifiable information to the co-sponsor. For example, on Digital Stream, Inc. co-branded sites, our partner will generally co-own the customer information received through the site. How the partner uses this information will be explained in the privacy statement at the co-branded site, which will govern the use of data gathered through the co-branded site.
Digital Stream, Inc. may share non-personally identifiable information with non-Digital Stream, Inc. companies in order to assess the results of a promotion or event. This information is used in aggregate only, and does not contain any information that would personally identify you.
At times, online surveys are conducted in which you can choose to participate. In addition, we may use e-mail to communicate with our customers, to respond to visitors' e-mail, to confirm orders placed online, and to send information that a visitor has requested. Occasionally, we may use opt-in e-mail lists from third parties to promote our latest specials. If you receive an unwanted e-mail from us, you can use the Reply feature on your browser and simply ask us to remove you from our list.
What are cookies and why do you use them?
A cookie is a small, encrypted data string our server writes to your hard drive that contains your unique User ID for our Web site. We use cookies to deliver web content specific to your interests, to keep track of your order as you order services, and to control access to our premium content. A cookie cannot be used to access or otherwise compromise the data on your hard drive. You can choose to change your browser settings to disable cookies if you do not want us to establish and maintain a unique Digital Stream, Inc. User ID. Please be aware that cookies may be required to complete certain functions on this Web site, such as ordering in our online store.
Do you accommodate links to other sites?
This Web site contains links to other Web sites. We are not responsible for the content or the privacy practices employed by other sites. We are committed to safeguarding customer privacy on all our Web sites. We require our employees to protect the privacy of information about our customers and expect our partners and suppliers to do so as well. You can feel confident that your individually identifiable information will be protected when you access your account or order services from us over the Internet.
What is Digital Stream, Inc.'s position regarding online advertising and third party ad servers?
As part of the online advertising process, we use information supplied from third party companies in several ways however, this is aggregated data and does not personally identify any individual online user.
This data is used to:
· gain a better understanding of the type of individuals viewing or visiting different web sites,
· evaluate and prioritize site selection when developing online media plans,
· geographically target advertising,
· deliver product and pricing advertising/information applicable to the customers' state, and gauge the effectiveness of our online advertising.
Personally identifiable information such as name, address, phone number or email address is not collected.
Non Personally Identifiable Information Collected Automatically
Cookies help Digital Stream, Inc. to enhance the user's online experience and are used to:
· deliver the appropriate geographic message
· manage frequency of ad exposure; avoid over delivery of the same message
· tailor an advertisement to better match your interests and preferences
· ensure that you see the correct products and pricing applicable to the state in which you live
· understand advertising effectiveness
However, customers are free to delete website cookies. Most internet browsers enable you to erase cookies from your computer hard drive, block all cookies, or receive a warning before a cookie is stored.
However, you need to understand that some websites/adserving companies have the ability to reestablish your history even after cookie deletion, if you reenter the same site on another occasion, or some other site tracked by the adserving company/network, and specifically provide personal data.
Deletion of cookies alone does not prevent adserving companies from reestablishing history on a visitor. The visitor must either continue to decline cookies each time it reenters the site to keep the tracking severed, if desired, or opt-out. When you opt-out your unique user ID cookie is erased and you are reassigned an anonymous, non-id cookie. This new cookie tells websites that you have opted out and they will then know not to attempt to assign other cookies to you in the future. Opt-out cookies do not contain a unique user ID number therefore websites are not able to identify your computer uniquely.
Customers who choose to continually delete cookies and not opt out can have their browser advise them each time a web site attempts to send a cookie to your system. At that time, you can choose to either Accept or Cancel a cookie.
Customers who choose to "opt out" after deleting cookies will receive an anonymous/non personally identifiable cookie.
Personally Identifiable Information
Personally identifiable information voluntarily supplied by our customers or our visitors, i.) who receive or provide information on our website, or ii). who purchase Digital Stream, Inc. online products on our website, or iii), who interact with our banners/advertising on outside websites, is not shared for use outside Digital Stream, Inc. or its authorized vendors, contractors and agents. This information is Digital Stream, Inc’s proprietary data and is not available to any outside company in this personalized form, except with a customer's or visitor's permission or where disclosure is otherwise required or permitted by law. No outside company is allowed access to this information.
Should any changes be made in the way we use personally identifiable information, Digital Stream, Inc. will contact you via email, or by other means, notifying you of this change, and give you the opportunity to choose to opt-out of such use.
Protection of Children's Personal Information
Digital Stream TV, including Digital Stream, Inc. online services, is not designed to attract children under the age of 13. Although we do feature sites that may be of interest to young viewers, we do not collect personally identifiable information on children. Further, Digital Stream, Inc. offers tools for parents to educate young Internet users on safe surfing practices, including filtering tools to help children and parents avoid objectionable content online.
Does Digital Stream, Inc. use the information provided online to profile its customers?
The combination of offline and online information provided by the customer has the ability to enhance the customer experience, and make the consumer's interaction with Digital Stream, Inc. more meaningful and relevant. Digital Stream, Inc. requires notification of any consumer profiling or purchasing behavior being captured by Digital Stream, Inc. online and combined with offline information be clearly stated to the consumer at the time of online data collection. The consumer will have the ability to choose not to have that information aggregated and be part of subsequent marketing campaigns by choosing to be identified within the application.
Please note
We may disclose personal information when required by law or when necessary to protect the safety of our customers, employees or property.
SECURITY ISSUES
How does Digital Stream, Inc. prevent unauthorized access to my information?
Information that you share about yourself in chat rooms, message boards, instant messaging communications and similar forums becomes immediately available to others who have access to those forums. These areas are considered public spaces and Digital Stream, Inc. Online cannot protect the privacy of information disclosed therein. Please exercise caution when disclosing personal information in these areas.
What information is stored by the site or in cookies?
Registration information, bill and online shopping, data and contact e-mail addresses are not stored by the Digital Stream, Inc. site. They are stored in the Digital Stream, Inc. databases, physically secure environments that are not accessible via the Internet. This information is only available to you through the use of a secure ID and password, and the information is transferred from our databases for your viewing.
A cookie is a small, encrypted data string our server writes to your hard drive that contains your unique User ID for our Website. Cookies help us to identify returning visitors to our websites, which allow us to give you a more personalized, useful experience on our website. We use cookies to deliver web content specific to your interests, to keep track of your order as you order services, and to control access to our premium content. A cookie cannot be used to access or otherwise compromise the data on your hard drive. You can choose to change your browser settings to disable cookies if you do not want us to establish and maintain a unique Digital Stream, Inc. User ID. Please be aware that cookies may be required to complete certain functions on this Web site, such as ordering in our online store. To disable cookies, see next section.
Here is How to Set Your Cookie Preferences:
· Netscape Navigator 3.x: In the Options menu, select Network Preferences. In Network Preferences, click on the Protocols tab and there you may choose to be warned before accepting cookies.
· Netscape Navigator 4.x: In the Edit menu, select Preferences. In the Preferences dialog box, in the left hand side menu, click on 'Advanced' and 4 options concerning cookies will appear on the lower right. Choose Help for further details. You can find more information about cookies and Netscape on the Netscape Web site.
· Microsoft Internet Explorer 3.x: In the view menu, select Options. Click on the Advanced tab. You may choose to be warned before accepting cookies.
· Microsoft Internet Explorer 4.x: In the view menu, select Options. Click on the Advanced tab and scroll down to a yellow triangle icon with an exclamation point labeled 'Cookies' where you have 3 options.
· Other Browsers: Contact the manufacturer of the browser for information.
Changes to this Policy
Please check this privacy policy periodically to inform yourself of any changes. Although we reserve the right to modify or supplement this privacy policy, we will provide notice to you on this Web site of any major material changes and those changes are effective upon posting unless otherwise noted.
(Updated December, 2009)
ATTACHMENT C
Digital Stream, Inc. Civil Subpoena Policy
Dated: December, 2009
General: Digital Stream, Inc.’s Privacy Policy provides that we will not release account information or information sufficient to identify a subscriber except under certain specific circumstances. Our Privacy Policy states:
"Digital Stream, Inc. does not sell or disclose individually-identifiable information obtained online, or information about you or your account or service, to anyone outside of Digital Stream, Inc. or its authorized vendors, contractors and agents unless you specifically authorize it, disclosure is required or permitted by law, required by court order, warrant or subpoena; requested by government officials with reasonable grounds to believe that the information is a communication of a computer trespasser; or deemed necessary by Digital Stream, Inc. in its sole discretion to protect the safety, rights or property of Digital Stream, Inc. or any other person or entity."
If you seek the identity of or account information about a Digital Stream, Inc. subscriber in connection with a civil (as opposed to criminal) legal matter, you must serve Digital Stream, Inc. with a valid subpoena at the address below and agree to compensate Digital Stream, Inc. for our subpoena response services according to the terms of this policy.
Service of Civil Subpoenas: All civil subpoenas requesting Digital Stream, Inc. Internet records (including subscriber information) should be directed to the address listed below.
NOTE: This address is only for Internet records. Digital Stream, Inc. does not maintain and will not produce records or information relating to Digital Stream, Inc’s telephone records, either wireless or landline, or the records or information of other Digital Stream, Inc. companies. Requests for records from other Digital Stream, Inc. companies should be directed to that entity.
Digital Stream, Inc’s Contact: Custodian of Records (Civil)
Digital Stream, Inc. C/O
J Holt Smith
Attorney At Law
411 Santa Monica Blvd Suite B
Santa Monica, CA 90401
310-656-1600
Notice to Subscribers, Response Time and Subscriber Objections: Upon receipt of a valid subpoena or other legal process, it is Digital Stream, Inc.’s policy to attempt to notify the subscriber whose information is sought via email or U.S. mail sent to the email address or location on file with Digital Stream, Inc. In non-emergency circumstances, Digital Stream, Inc. will generally not produce the subpoenaed subscriber's identity information until approximately two weeks after receipt of the subpoena, unless legally required to do so. In the event a subpoena, court order or other legal process does not allow two weeks notice before disclosure of information, we will produce the information requested on the date set forth in the legal request that we receive. Subscribers objecting to the disclosure of their information should consult with an attorney. Digital Stream, Inc. will disclose the information requested absent receipt of a document seeking a protective order or similar protection, as filed with an appropriate court, prior to the date on which Digital Stream, Inc’s compliance with the legal request is due.
Fees for Subpoena Compliance: Digital Stream, Inc. charges the following rates for compliance with civil subpoenas. We will invoice the person or entity submitting the subpoena following receipt and the subpoena proponent must make payment within 30 days from the date of receipt of our invoice. Checks should be made out to the legal entity to which the subpoena was directed (see Service of Subpoenas, above).
Digital Stream, Inc.’s subpoena compliance fees and charges are as follows:
$75.00 per hour for research
$22.00 per Federal Express
$0.25 cents per copy
info@DigitalStream.tvwith the words "Civil Subpoena" in the Subject Line.