Service Agreement

Cast Network Service Agreement

LAST UPDATED: 09/19/2010

The Cast Network Service allows you to upload, post and display content as allowed by the capability and functionality of the Cast Network Service. The Cast Network Service allows for various paid service options to include without limitation; a Broadcaster Account, (which allows Member Content Submissions to include Pay-Per-View, Free-To-View and Secure View), an Advertiser Account (which allows Banner Ads with hyperlinks to be posted) and Account Holder Viewer Permissions (which allow the viewing of Pay-Per-View Member Content).  The foregoing paid service options are accomplished by way of, and to include without limitation, the following; broadcasting audio/video files (Streaming), audio/video storage (Hosting) and adding text and images (Posting).  The Cast Network Service may change at any time and without notice.  By participating in the use of the Cast Network Service you hereby acknowledge that you have read, understand and agree to be bound by the Terms and Conditions of this Service Agreement and to any and all future modifications of the same.

Incorporation by Reference

By your use and participation of the Cast Network Service, you understand, acknowledge and agree that you are subject to this Service Agreement, the Cast Network Service Terms of Use and the Cast Network Service Level Agreement (SLA).  The Cast Network Service Terms of Use ("Terms of Use") is hereby incorporated into this Service Agreement by reference.

Fee Modification

Certain applications, functions or areas of the Cast Network Service are fee based.  When you utilize a fee based service you have the opportunity to review and accept or decline such fees that you will be charged.  All Fees are subject to change by Cast Network.  Any such changes are immediately effective when Cast Network posts them to the Cast Network Service.  (All fees are referenced in U.S. Dollars.)

Cast Network Services

Cast Network will provide Uptime Service Commitment Levels for the Cast Network Service referenced in the Service Level Agreement (SLA).  All support related services and communication provided by the Cast Network Service will by e-mail only.

Cast Network allows users that purchase a Cast Network Service Plan, as designated by license and permission of such accrediting Service Plan, to:

• make available Member Content (more specifically audio/video files both Live and On Demand) that is without third party advertising other than Cast Network itself;
• allow submitted Member Content to be of any length and/or data size that does not exceed the specific guidelines set forth in the Cast Network Service Plan purchased;
• allow submitted Member Content to be viewed any number of times that does not exceed the specific guidelines set forth in the Cast Network Service Plan purchased;
• secure or make "private," Member Content or restrict Member Content from specific world-wide geographic regions; (You understand and acknowledge that Cast Network cannot and will not warrant or guarantee the security and privacy or accuracy of geo-specific targeting of any Member Content.)
• offer Member Content with Pay-Per-View options; (See Pay-Per-View below.)
• post Member Content in the form of Advertising on the Cast Network Service with hyperlinks to Advertising Member's choice of URL. (See Advertising below.)

Payments and Fees

The Cast Network Service provides certain services via a subscription based format with recurring payments ("Service Fees.") The Cast Network Service Fees are designated by specific privileges, including and without limitation, Internet data streaming, advertising, data storage, bandwidth usage and secure and/or pay-per-view streaming and/or viewing in the form of Cast Network Service Plans. (Click Here to view the Cast Network Service Plans.) You hereby understand and acknowledge that all Cast Network Services requiring Service Fees are only offered with billing functionality that will automatically charge the credit card that you have designated for payment of the Cast Network Service on a monthly basis.  (For clarity if you purchase a Cast Network Service Plan that requires any Service Fee on the 15th day of any month, your credit card will be charged the current Service Fee associated with the same specific privileges or nearest to the same specific privileges offered in the preceding month's purchased Service Plan, on the 15th day of the following month.)  You agree to pay for your Cast Network Service Fee before receiving any benefit of any Cast Network Service and that Cast Network may charge your chosen payment method at the beginning of each new service period.  Your access and use of any Cast Network Service requiring payment of any Service Fee will not be established or allowed until Cast Network properly verifies the accuracy of all credit card and payment information you've submitted and that your payment method is in good standing.  Cast Network reserves the right to suspend or terminate your access and use of the Cast Network Service without notice upon denial of any credit card charges or if your credit card issuer (or its agent or affiliate) seeks return of payments previously made to Cast Network, when Cast Network, at its sole discretion, believes you are liable for such charges.  If you appear to be exceeding your Cast Network Service Plan quota, Cast Network at its sole discretion may suspend your use of service, until such time that you upgrade your Cast Network Service Plan.  You understand and acknowledge that Cast Network Service Plans are all flat rate payment plans without proration of your use of service or time that you used the service.  All fees relating to the Cast Network services are final and nonrefundable.  Cast Network only accepts payments via major credit cards or debit cards allowed by Google Checkout.  Cast Network is owned and operated by WAN TV, LLC and the billing on your credit card will be WAN TV, LLC.  Billing to your account will occur at the time of purchase or shortly thereafter.  You understand that Cast Network reserves the right to terminate your account if any payment may be past due and reserves the right to suspend or close your access to the Cast Network Service without notice to you should there be a decline of any credit card charge or should your credit card issuer seek return of payment that had been successfully made to Cast Network at Cast Network' sole discretion, regardless of dollar amount.  You agree to hold Cast Network harmless and without liability with regard to any duress, loss or damage you incur as a result of the closure or suspension of any Cast Network Service and/or your Cast Network account(s). (See
Limitation of Liabilities below.)  Cast Network reserves the right to discontinue or modify any Cast Network Service Plan, to include without limitation, duration of service, data storage quotas, bandwidth quotas, service fee pricing, service overage fees and the titles for any Cast Network Service Plan, at any time, for any reason and without notice.

You hereby agree to:

• make all payments for services that you purchase from Cast Network;
• accept responsibility for all charges made or incurred under your account made by you or anyone who uses your account including but not limited to your children, friends, family and acquaintances;
• keep your billing information current, complete and accurate (such as changes in your billing address or credit/debit card information) and notify Cast Network if your selected payment method is canceled (e.g., for loss or theft);
• pay outstanding balances owed to Cast Network in a timely manner and no later than (30 days) after any purchase;
• accrue and pay a finance charge of one and one half percent (1.5%) per month in interest on any outstanding balance that has surpassed (30 days) that is owed to Cast Network until such outstanding balance and interest is paid in full;
• pay any related collection and legal costs actually incurred by Cast Network in connection with Cast Network’s collection of such fees;
• pay any governmental taxes imposed on your use of the Cast Network Service, including, but not limited to, sales taxes;
• know what your data file sizes are and be understanding of and capable of calculating bandwidth before utilizing the Cast Network Service. (Data storage and bandwidth usage will be factors in your choice of a Cast Network Service Plan and are determining factors in what could be additional expenses invoiced for overages of Cast Network Service Plan quotas.);
• pay, at the rate posted on your chosen Cast Network Service Plan, any and all overage fees with regard to bandwidth usage and/or data storage associated with your Member Content, calculated by Cast Network, that exceeds your original Cast Network Service Plan quota.  (You shall be invoiced for any such overages and required to pay the existing balance prior to continuing to use the Cast Network Service.)

Delivery of Service

With respect to the Cast Network Service you purchase via castnetwork.com or any affiliate Cast Network web site, you acknowledge and agree that upon Cast Network making such service available to you (or to any other intended authorized recipients), Cast Network will have fully satisfied its obligation to deliver or otherwise provide such services, regardless of any failure of or inability to use such services.

Service Availability

Cast Network may often upgrade and revise its products and services to improve and grow its services. Cast Network may revise, discontinue or modify products or services at any time without prior notice to its users, and products or services may become unavailable without notice. Cast Network shall have no liability of any kind if a product or service that has been purchased is unavailable.  Cast Network reserves the right to substitute items of equal or greater value when an item or service is unavailable for any reason or Cast Network may cancel your purchased order.

Cast Network is constantly striving to maintain accuracy in the functionality of its service and to avoid errors of any kind, however Cast Network does not warrant that any service, product, description, photograph, pricing, audio, video or any other information to be complete, accurate, reliable, up-to-date or error-free. In the event of any error on the Web Site or in the Cast Network Service, Cast Network reserves the right to correct such error; to include without limitation, revising your purchased order, canceling your purchased order and refunding the amount charged or issuing you Cast Network products and/or services of equal or greater value, in lieu of a refund.  It is your sole remedy in the event of such error to receive a refund for your purchased order or accept the offered exchange of products and/or services as referenced in the foregoing.

Effective Date of Cancellation

Upon Cast Network's receipt of an e-mail notice from you, followed by an e-mail acknowledgment from Cast Network to cancel the Cast Network Service, the Effective Date of Cancellation, unless contracted for a specific amount of time, shall be the end of the current billing cycle. No refunds or prorations will be authorized from the effective Date of Cancellation of the Cast Network Service through the end of your current billing cycle. All monies due Cast Network are due and payable upon cancellation of the Cast Network Service. All contracts or agreements involving Cast Network must be paid in full prior to cancellation.

Taxes

You, as a Cast Network User, will be responsible for any applicable sales or use tax, duties, or other governmental taxes or fees payable in connection with your purchase. If you do not pay such sales or other tax or fee on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale and Cast Network reserves the right to collect such taxes or other fees from you at any time.

Account Termination

You agree that Cast Network, at its sole discretion, may terminate any account you may have with us and/or the use of the Cast Network Service; and irrevocably remove all or any part of your account and/or Member Content (as defined in the Cast Network Terms of Use), at any time and without notice.

Should you breach any of your obligations, covenants, representations, or warranties in this Service Agreement, you agree that any termination of the Cast Network Service, enacted on your account, in full or in part, may be done so without prior notice to you and without liability to Cast Network by you or any third party for such termination.

Member Content

Policies regarding Cast Network Member Content ownership rights and granted licenses are referenceable in the Cast Network "Terms of Service" agreement. (Click Here to view the Cast Network Terms of Service.)

Advertising

Cast Network shall have the right to include any Advertiser that submits any form of advertising or information to the Cast Network Service and reference its trade names, trademarks, and service marks in any advertising, marketing or other promotional materials, ("Promotional Materials"). You the Advertiser approve any and all Promotional Materials that are added to the Cast Network Service in any way.

Trademark License. During the Term of this Agreement, You hereby grant to Cast Network a non-exclusive, non-sublicenseable, nontransferable, royalty-free, revocable right and license to use, display and reproduce your name, logo, trademarks and service marks, solely for the purposes of displaying and maintaining Web Pages within the Cast Network Service, and for marketing and promoting the Cast Network Service as set forth in this Service Agreement. You further acknowledge that your Trademark is, and will remain, your exclusive property. Neither this Agreement nor any rights granted hereunder will operate as a transfer of any rights in or to any Trademark, except for the limited rights expressly granted under this Agreement.  You hereby agree and grant license to Cast Network to include your Name, Logo, or Trademarks.

Cast Network does not warrant or guarantee:

any Profit to you by submitting Member Content in the form of Advertising or any traffic or third party viewing of any Member Content you've submitted in the form of Advertising.

You fully understand and acknowledge that by submitting Member Content to include but not limited to Advertising, or participating in any way with the Cast Network Service, there is no representation of Partnership or Co-ownership in away whatsoever between you and Cast Network.

Pay-Per-View

Cast Network offers its Members the opportunity to provide their Audio / Video Member Content, both Live and On Demand, with subscription based Pay-Per-View options. The Pay-Per-View Service Option is charged in addition to the cost of a required Cast Network Service Plan and the ("Net Revenue") is shared by and between you and Cast Network at the current percentages referenced on the Cast Network Service Plans Web Page (www.castnetwork.com/plans).  Such charges and percentage fees may change at the sole discretion of Cast Network.  The Pay-Per-View service will allow you to create your own tickets for your pay-per-view event. Some restrictions may apply with regard to the pricing of your pay-per-view tickets. Any restrictions or policies relating to the Pay-Per-View Services provided by the Cast Network Service can be found at www.castnetwork.com/plans. The overall Net Revenue acquired by your pay-per-view ticket sales via the Cast Network Service will be calculated by subtracting any credit card charge backs that occur within thirty (30) days after the conclusion of your pay-per-view event. You understand and hereby agree that whether your ticketed pay-per-view event spans multiple days or is offered for one day only, there will be a thirty (30) day hold of any funds that may be due.  After Cast Network deducts all relevant charges and fees, Cast Network will provide payment to you by way of Check or Money Order.  You are solely responsible for any applicable government taxes arising from any income generated as a result of participating in anyway with the Cast Network Service. (No Partnership is implied or granted by virtue of the utilization of the Cast Network Pay-Per-View Service.)

Pay-per-view tickets may be sold in advance of the pay-per-view event.  You hereby agree that Cast Network will refund any charges for pay-per-view services and for any reason at its sole discretion. Support for pay-per-view services may be live support or virtual support for any Cast Network Service User, at the sole discretion of Cast Network.

Secure Content

Cast Network offers its Members the opportunity to provide their Audio / Video Member Content, both Live and On Demand, with Security Features.  The Secure broadcasting of such Member Content will be charged in addition to the cost of a required Cast Network Service Plan.  The Secure Content may only be offer to those Cast Network Service Users that sign-up for the Cast Network Service.  The Broadcasting Member may allow those that provide their Cast Network User Name the opportunity to view and/or listen to the live or on demand Member Content by adding said User Names to their "Approved Audience".

Trial Accounts

Cast Network may, at its sole discretion, offer a trial account to anyone for any Cast Network Service and for any length of time and may end such service for any reason and at anytime without liability.  If you are offered a trial Cast Network account by an approved Cast Network representative, you hereby agree to abide by all terms and conditions associated with this agreement.

Monitoring Users and Content

Cast Network does not govern Member Content that you submit and has no obligation to monitor such Member Content or any other Member Content submitted to the Cast Network Service. You acknowledge that you are solely responsible for all Member Content and material that you submit to Cast Network.

Indemnification

You agree to indemnify and hold harmless Cast Network, its affiliates and partners, from any claims, losses, damages, liabilities, costs, and expenses, including attorney fees, based upon or arising out of: any breach or alleged breach by you of your covenants, representations and warranties herein, any Member Content associated with the Cast Network Service, or these provisions and terms in this Cast Network Service Agreement.

Limitation of Liabilities

The following provisions are a material condition of this Service Agreement and reflect a fair allocation of risk: You agree that if Cast Network violates any warranty or other provision of this Service Agreement and Cast Network determines that restoration, replacement, repair or any other corrective action is not cost effective or technically viable, your sole and exclusive remedy will be to request a refund of up to the amount you paid for Cast Network services rendered hereunder during the previous one (1) month or accept an offered exchange of products and/or services as extended by Cast Network at or above the amount you paid for Cast Network services rendered hereunder during the previous one (1) month.

Cast Network is not liable for any amount exceeding the price paid by you for the Cast Network Service hereunder during the one (1) month preceding the event giving rise to any claim.  In no event shall Cast Network be liable, whether in contract, tort (including negligence) or otherwise, for any indirect, incidental or consequential damages; including lost savings or profit, lost data, business interruption or attorneys fees; even if notified in advance of such possibility.

Maintenance

You hereby acknowledge and agree that Cast Network reserves the right to temporarily suspend services for the purposes of maintaining, repairing, or upgrading its systems and network. Cast Network will use best efforts to notify you of pending maintenance, however, at no time is under any obligation to inform you of such maintenance procedures.

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Cast Network Service Level Agreement "SLA"

LAST UPDATED: 09/19/2010

The Cast Network Service Level Agreement (hereinafter "SLA") is an agreement that controls the Cast Network Service and the Web Site castnetwork.com; along with other affiliated web sites or services owned and/or operated by either WAN TV, LLC, the Cast Network Service, or both.  The Cast Network SLA is subject to the terms and conditions of the Cast Network Terms of Service Agreement.  The Cast Network Terms of Service are hereby incorporated into this SLA by reference. ("You" or "Your" will refer to any Cast Network Service Customer.)

The Cast Network service is dedicated to the highest level of service, professionalism, technical superiority and fair pricing available.  The provisions set forth in this agreement are to ensure the forgoing.

Minimum Service Commitment

Cast Network will use commercially reasonable efforts to make the Cast Network Service available with a Monthly Uptime Percentage (defined below) of at least 99.9% during any monthly billing cycle (the “Service Commitment”). In the event Cast Network does not meet the Service Commitment, you will be eligible to receive a Service Credit as described below.

Definitions

"Monthly Uptime" - the total amount of time during a calendar month in which the Cast Network Service is functioning properly. To calculate Monthly Uptime subtract the Monthly Downtime percentage from 100% for the effected month.

"Monthly Downtime" the total amount of time during a calendar month in which the access to or ability to create Member Content is not possible by all users due to the fault of Cast Network' software, CDN (Content Delivery Network) or technical systems.  Monthly Downtime cannot be calculated by any Internet Downtime, temporary problems with Cast Network Service features to include but not limited to, database issues, hyper-linking, graphical, uploads, form submissions, Scheduled Web Site Maintenance, Service Interruption or User related issues of any kind.

"Scheduled Web Site Maintenance" the time that the Cast Network Service is interrupted for maintenance or any upgrade. Scheduled Web Site Maintenance times and dates will be determined at the sole discretion of Cast Network.

"Service Credit" a credit of a percentage of the sum of monthly Cast Network Service Plan Fees or Advertising Charges acquired by you for all Monthly Downtime that effects Monthly Uptime standard.

"Service Interruption Event" an event that occurs, beyond the governance and control of Cast Network and or its associates to include but not limited to a "Force Majeure Event" that would cause any aspect of the Cast Network Service to be inactive, unstable, unusable or unavailable.

"Force Majeure Event" is an extraordinary event or circumstance beyond the control of you or Cast Network, such as a war, strike, riot, crime, or an event described by the legal term "act of God" (e.g., flooding, earthquake, volcanic eruption), prevents Cast Network from properly fulfilling its obligations under this SLA.

Service Credits

In the event that the Cast Network Service does not maintain the currently published Monthly Uptime percentages, as referenced below, the total amount of Service Fees payable by you will be adjusted in accordance with the following:

In the event that the Cast Network Service average Monthly Uptime is less than (99.9%) during any calendar month, you will receive a Service Credit of five percent (5%) of that month’s Service Fees for your Cast Network Service.

In the event that the Cast Network Service average Monthly Uptime is less than (95%) during any calendar month, you will receive a Service Credit of five percent (10%) of that month’s Service Fees for your Cast Network Service.

In the event that the Cast Network Service average Monthly Uptime is less than (90%) during any calendar month, you will receive a Service Credit of five percent (15%) of that month’s Service Fees for your Cast Network Service.

Remedy

You understand and agree that the forgoing are your sole remedies and Cast Network's only liability in the event of Cast Network’s failure to provide you service. You must contact Cast Network via e-mail at support@castnetwork.com and specify your inability to correctly utilize the Cast Network Service and at least 7 days prior to your next billing cycle and reference any date, times and specific instances of Month Downtime.  Service Credits will be approved at the sole discretion of Cast Network. You will have no remedy and no Service Credit shall be due if there is Scheduled Web Site Maintenance, a Service Interruption Event to include without limitation a Force Majeure Event, any action caused by you or any third person outside Cast Network's control. In the event that the Cast Network Service is inactive, unstable, unusable or unavailable you hereby agree to hold Cast Network harmless and without liability for the same.

Ownership

This SLA does not transfer any intellectual property, rights, title or interest in or of Cast Network to you.

"SLA" Table of Contents:

Cast Network Service Level Agreement "SLA"

Minimum Service Commitment

Definitions

Service Credits

Remedy

ownership