This agreement documents the terms of service for accounts provided by DRS Systemtechnik to the account holder at DRS 2006 Radio Streamer ("DRS 2006").
1. The account holder is responsible for the actions of account users.
2. Any use which interferes with the server's ability to function in its primary purpose is prohibited.
3. Use of DRS 2006's facilities to commit network abuse (including, but not limited to, denial of service attacks such as ping bombing, email bombing, "smurf", "winnuke", "land", "teardrop", etc.) or otherwise compromise the security of hosts or networks is prohibited. If it is brought to the attention of DRS 2006 that illegal content is being streamed then DRS 2006 will terminate all services without refund.
4. All data stored or transmitted must be legal under all applicable international laws. The account holder is solely responsible for determining the legality of their data which is stored or transmitted. DRS 2006 and/or its staff will be held blameless and be recognized as nothing more than a service provider.
5. DRS 2006 will monitor stream connections and the amount of data streamed. If any client is found to be using their server(s) over the bitrate ordered, DRS 2006 reserves the right to terminate the service immediately without refund.
6. Should the account holder become the target of a network attack, DRS 2006 reserves the right to take any necessary actions (including, but not limited to, temporary suspension of the account holder's account) required to return server or network operation to normal.
7. DRS 2006 will use its best efforts to maintain, but does not guarantee, the privacy of email, network use, and the contents of user directories.
8. Use of DRS 2006's services, including the storage of information, is at the account holder's sole risk. DRS 2006 does not warrant either the results to be obtained from the service or that the service will be uninterrupted or error free. DRS 2006's services are provided on an "as is" basis without warranties of any kind, either express or implied. Neither DRS 2006 nor anyone else involved in creating, producing, or delivering DRS 2006's services shall be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of DRS 2006, the inability to use DRS 2006, or any breach of any warranty. The provisions of this paragraph will survive termination of this agreement.
9. The account holder will indemnify and hold harmless DRS 2006 against any loss, damage, cost and expense which DRS 2006 may incur or become liable for by reason of claims or actions for libel, violation of privacy rights, plagiarism, copyright infringement, trademark or trade name infringement, domain name disputes, and claims arising in connection with data transmitted pursuant to the terms and provisions of this agreement and any claims or suits resulting from the account holder's use of the service including, without limitation, the expense and cost of defending any and all such claims and actions, except where such claims result solely from the negligence of DRS 2006's failure to perform its obligations under this agreement. The provisions of this paragraph shall survive termination of this agreement.
10. If DRS 2006 is informed of an alleged copyright or trademark infringement involving an account, DRS 2006 will attempt to notify the account holder of those allegations and secure a response. DRS Systemtechnik may, in its sole discretion, remove or terminate the account containing, on a temporary or permanent basis, materials which DRS 2006 believes may create, constitute, or contribute to copyright or trademark infringements. Account holder expressly waives the right to assert any claims against DRS 2006 for any such removal or termination. To inform DRS 2006 of a possible infringement please send an email to email@example.com.
11. Accounts are invoiced monthly. Payment is due when invoiced, with an overdue date specified in the invoice. Overdue accounts may be terminated or suspended at DRS 2006's discretion. DRS 2006 reserves the right to issue special invoices when the balance due will be more than $50 over the base monthly service fee.
12. DRS 2006 may terminate service to the subscriber at any time, without notice, for violation of this agreement. DRS 2006 will not be liable for any damages or harm to the account holder resulting from such termination. All Payments for the service are non-refundable.
13. The account holder may terminate his account at any time. To cancel the Account/Subscription(s), the account holder needs to login to his PayPal account, click on 'History' and search for 'Subscriptions'. He will see 'DRS 2006' - Now he clicks on that and will see the button to cancel it. The servers will then be terminated on the due date. Client also understands and agrees by this terms of service that all payments to DRS 2006 are non-refundable.
14. Use of a DRS 2006 Radio Streamer account indicates acceptance of the terms of this agreement by the account holder.
15. This agreement contains the full understanding of the parties with respect to the subject matter hereof. Any email correspondence with the account holder which is in any way inconsistent with, or which adds to, the provisions of this agreement is null and void.