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Terms of Service

Digital Creations Inc

Terms Of

Last updated March 28,

When you purchase a
server be it an Audio or Web server you do hereby agree to the following:


You agree that you shall hold blameless for any loss of
service or other issues not caused by our servers or any employee of
furthermore you agree that ALL Sales are FINAL!

You further agree that by purchasing a server with us that you will not seek
any legal actions against, or any of our employees and shall
hold blameless for any actions caused by hackers, acts of
god, or other server issues that are not within our scope of control!

You do hereby agree that all server purchases (Web, Audio and Video Servers)
will be non-refundable IE: If you pay for six months then you will have your
server for six months, if you cancel before your next server payment then
is under no legal obligation to refund any portion of your payment because you
paid for a set amount of time of your own free will!

With the exception of web servers what is played on Audio/Video servers sold
by will be the sole responsibility of the you the Server Owner
to obtain all rights and or pay any royalties on music played by your server .
shall not be named in a legal actions where a server
owner had violated copyright or intellectual property rights of another.
only sells the Radio servers we have no control over what is played on them!

If a Charge back is done against you do hereby agree that
has the right to suspend any and all servers owned by
the person doing the charge back or the account owner that the charge back was
done on with out notice. If the charge back was
accidental and is reversed in a timely manner your server(s) will un-suspended
however there will be no credit issued for the time during the suspension!

You also do hereby agree that any fees imposed on by the
credit/debit card company will be paid by you (or the person who paid for your
server with their card)

Anyone who does a ‘deliberate’ charge back against shall
be automatically set for auto termination at the end of there
billing cycle and you further agree that will no longer
provide technical support for your server(s) if the charge back in ruled in our
favor you do hereby agree that our only obligation will be keep your server running
and online and we will be under no obligation to provide any kind of tech

Transferring or RE-selling your server(s) to someone else is prohibited
unless approved by If you sell your server to someone else
by accepting these terms of service you do hereby agree that
will not provide any support what so ever on any server(s) that has been
transferred or resold unless the transfer was approved by

Customers of who decided to get licensed via any 3rd party
company are hereby advised that most of these licensing company’s relay your
radio stream to their own stream which means (since most require you to use
their player(s)) if you have a music issue IE buffering, loss of music, or song
names not showing up right, etc…. that you will first check your radio cpanel to make sure the issue is not with the server its
self (ie if the music playes
fine on your radio cpanel but not on your licensing
company’s players then the issue is on their end now if its
not working on the cpanel then it is our end and/or
you or your dj’s end if it is the server you should
contact us and we will work to fix the issue. If the issue is on your licensing
company’s end we can not fix
that you will have to contact there tech support). We try to maintain our
servers in a way where there should be very little issues for you but sometimes
things happen like net backbone issues, congestion issues (especially during
holidays), and or course hackers who attack our servers all of these are beyond
our control so we do ask for you patience we do
understand that it is frustrating when an issue happens normally we are on the
issues as soon as they occur but some issues cant be
fixed in an instant we work to fix them as fast as we can!

Web Servers Only – will not host any web site that is
Pornographic, Illegal, or infringes on the intellectual property rights of
another. Any Web site found to to be in violation of
this or any laws will be removed and NO REFUNDS will
be issued for the server.

This does not apply to radio servers playing on websites because
has no control over what is played on the radio servers it is the
responsibility of the radio server owner to obtain all the proper licensing for
content played on a radio server. CAN NOT be held liable for
the content of what is played on audio servers even if the web site is hosted
by us.
We regularly check and monitor all web servers sold at for
porn and illegal file sharing and other things but we have no control over the
content played on radio server even if the web site/radio server is hosted by

ALL SUPPORT ISSUES are to be done either though the Billing system support
requests via Skype, email may not get answered. If you are contacting us for
support always include your name, phone number, your server’s name and your
real port number! This helps us quickly find your server to check on your issue
and resolve it not having this info could cause any problems to last longer
because we have to figure out what server/port is having the issue before we
can fix it!

Payments made for someone else on a server: will not get in between disputes between who we have as
the registered server owner and the person who pays for someone’s server.

If you are paying for someone’s server then you have an agreement between
you and that person and you further agree that does NOT have
a contract with you, our contract is with the registered owner of that server

You Further Agree that’s Job is
to Provide you the Customer with an Audio Server and is NOT
RESPONSIBLE for maintaining, filling, or providing you with any additional
support on Servers with an Auto DJ beyond the Initial training of you when you
purchased your server. Additionally if you require more Training on how to
fill, or use the Auto DJ, then there will be an additional charge of $20 per
hour billed in 1 hour increments for additional Training on How to use, or fill
the Auto DJ, Depending on your Payment History this charge may be required up
front or billed with your regular monthly payment, Refusal to pay this charge
can and will be considered grounds for Server Suspension/Termination at’s discretion. By Purchasing an audio
server with you are agreeing to this Provision in the TOS
Further more these Training Charges are NON REFUNDABLE you will be
Told Up front and it will be logged in our support logs of your acceptance of
this charge (For Legal Purposes only) before any Training is started.

All Servers are billed US Dollars, if you are in another county it will be
your responsibility to make sure your payment is enough
to cover your Server payment at the current exchange rate.

If you get more then one server from us and you
fail to pay for any one server (unless you cancel the server before it gets
suspended) then all servers you have at our option (does not matter if the
other servers are paid up or not) may be subject to suspension also and any
servers that were paid the money may go towards what is owed on the server you
did not pay on before it was suspended. It will be at our option if we decide
to allow you to just pay the server that was suspended + the late charge of
$10.00 or require payment on all suspended (prorated for the rest of the month
remaining) + $10.00 reactivation fee on each server.

I’m sorry but people have been using us as
free servers and not paying and we have to put a stop to it. We make every
attempt to contact an owner before suspending a server and if we do not get
anything back we can only assume you do not want the server any more.

All Servers are Due on your due date (Terms are Net 1 meaning you have 1
days from the due date to pay) on the 1st day after your due date your server
will be suspended at or around midnight and if suspended and pay your server
bill invoice your server will be re activated (radio servers with auto dj will require you to go login and restart your auto dj)! 2 DAYS AFTER THAT IF WE DO NOT HEAR FROM YOU THEN YOUR
SERVER WILL BE TERMINATED! (All files in auto dj will
be lost and can not be recovered!)

If your server gets suspended (and turned back on) 2 months in a row you may
be required to pay an additional month (deposit) so your server will have
pre-paid status in our accounting records, if you choose to terminate your
server with us before the end of a month (and you give us 30 day notice Prior
to your prepaid month) then we will refund your deposit but if you wait till
the due date then that deposit you paid is NON-REFUNDABLE.

In the past we have tried to be the nice guys, we understand that sometimes
expenses come up that you can’t control but we have had too many people abuse
our "being nice" and well its been costing
us money to have servers running that do not pay and use them for 2 or 3 weeks
before we turn them off. You wouldn’t ignore your electric bill
or your car payment so why ignore your server payment!

There will be only ONE extension given on server payments in a 60 day time
frame, if it exceeds the 1 days past your due date! If you can pay it by the
1st day then you are good just let us know it will be
coming send us an email at [email protected] and even if were not there you can always leave us a message.

I’m sorry we are having to start getting strict with our rules but we have
too many customers who either have not paid or have just decided to use us for
a free server. I’m sorry but the bad apples have spoiled it for every one. If your SERVER has been
paid or is paid up then this is JUST FYI information for you about our new
billing system and I thank you for keeping your account up to date!

ALL SUPPORT and BILLING Questions/Payment arrangements are to go though the Support Ticket System (preferred method) that is
built in to the Billing system and our secondary system will be our skype

( We keep a history on the chats and we can go back
and verify what was said by you or any employee of our company!

Speaking of Live support if you are in a chat and you do not like what that
person is telling you you can ask to be transferred
to either the Owner or Co-owner (if we are online), if we are not online then
the representative will get your name, phone number, station name and email and
they will leave us a message to get in contact with when we can. Just note that
it may be 24 to 48 hours or more before we can respond in some cases as we too
have personal life’s you know.

You are always welcome to use our email [email protected] if you
want to contact us too I check the email every day
when I come home from work (be sure to include your station name, your name,
and what you need in the email).

Buffering Issues:
If your station is buffering I will almost
guarantee that it is the DJ on airs machine or the fact that your have too many cams running in/on your lounge/site!

Also not that when using a flash player that if you
open another page or do something else on your computer while listening to the
flash player it can cause the player (not the server) to skip, pause, or
otherwise not sound right. This is not a buffering issue it is a computer/flash
issue in most cases flash is a very low process on a pc’s list and if it needs
a time slice in order to complete a task it will take it from flash and when it’s done it will give that time slice back to the flash
player. Again it is not buffering it is just a fact of
life and there is nothing can do to prevent it as its a flash issue not a server issue

Make sure your encoder is set to Medium Quality or Fast Re-sampling not
Hi-Quality as this causes the SAM program to use more resources to re-sample
the music to a higher rate.

Make sure that your not
trying to Download music, Be in several lounges at the same time, and that you
have the player off in the lounge your DJing in. Yes I know a lot of you say
how do I know I’m buffering if I don’t listen to the music in the lounge,
that’s an easy answer look at your encoder box if it says "unable to send
data fast enough….." then its buffering and that also tells you that
your loading your machine down with too much running, close a few things if
that does not help them lower your stream rate just cause you have a 96kbs
server does not mean you have to stream at 96kbs try 64kbs or lower.

Most people are on cable and most pay for basic internet which has an up
stream of 128kbs, lets say your streaming at 96kbs
then that 128-96=32kbs left, if you have a file sharing program running and
people are downloading from you then that lets say approx
16kbs more being used (128-96-32=16kbs) so now were down to 16kbs left now lets say is 5kbs no now its down
to 11kbs, talking on yahoo and sending pics or music is another 5kbs now were
down to 6 kbs left, you have photo bucket open and
are working there theres another 2 kbs so were down to 4 kbs, yahoo
mail or outlook express checking mail theirs another 2kbs leaving you 2 kbs, and finally then your surfing the web, rating peoples pages
and pics, thatâ??s another 3 kbs
so now your -1kbs and poof there goes the SAM program saying "unable to
send data fast enough…." and your buffering…..

Now those numbers are not set in stone they are just an approximation of
normal usage but I think you get the Idea though, every
you do on the web always uses some of you upstream and when it
gets close to your max something has to give and normally its sams so keep that in mind next time you hear a DJ say its
buffering and tell them to close some of the things there doing or lower there
rate some 100% of time that will solve the issue.

If you do experience buffering issues and the above is not the issue we recommend logging into your server control panel
and stopping the auto then the server its self give
it about 30 seconds to 1 min then start your server and the auto dj. This can solve many issues as well as clear out log
files that are used inside of your servers. We recommend doing this either
every month or every 2 months!

Some people have issues not being fast enough to kick and start there
encoder, in this case I can only suggest that your work with the DJ and try to
get them to speed up theres nothing we can do to help
you with this issue!

We suggest that if you are using a SonicPanel server
that you use the DJ manager to avoid this issue as you only need to start your
encoder to take air and do not need the kick page at all! (NOTE: if another DJ
has the air and you start your encoder you will get an error message, the other
DJ must drop air let it go back to auto dj then you
can take the air!

ISSUES and DRAMA from outside of
Personal ISSUES and DRAMA from outside of will not be
allowed from either our customers or our staff, we are here as a business and
as such we do want to hear drama from any social site! I will not deal with
someone because of issues on some site. I have instructed all of our staff to
be professional at all times and we expect our customers to do the same, if you
disagree with something that does then you are welcome to
talk with the CO-Owner or the Owner but we will have the final say.

What I am saying here is plain just keep the drama on the drama sites were
here to sell servers and not get in the middle of disputes between lounge
owners, people on sites or what not, we sell servers and that’s all we do… Let’s
just check all drama at the door please!

If WE receive proof that you or someone on your behalf Harassed and employee
of, spread false information about or otherwise
defamed our company and you have a server with us then your server will be
terminated and no refunds of any remaining time will be issued.

Furthermore I demand you be respectful to our staff just as I demand my
staff be respectful to you, if you Threaten or intimidate any Staff member
because of an issue or drama from any site your Server at
will be suspended (without notice) and upon review by the Owner, Co-owner with
input from the staff member involved your server could be terminated and NO
REFUNDS will be issued on the sever!

Loss of revenue for server Issues: By getting a server from
you do hereby agree that you will hold blameless, management
and staff blameless for any losses of revenue or listeners because of Server
issues, Acts of god, Internet Outages, or ACTS OF HACKERS, or issues caused by
you or your DJ’s actions. at our option may make changes to
the amount you owe, if we decide to credit your account it will be in the form
of a credit on your next bill or adding for free option that you would have had
to pay for, there will be no cash refunds issued again this will be at our discursion.

LOUNGE CODING: is NOT responsible for lounge coding of any lounge, we
will put the code in for the player but that is all we will do if one of our
staff decides to help you with your lounge coding then that will be between you
and them on a personal level! We will not provide any lounge or site coding support
other then the player code that’s what the sites have
coders for I would suggest you contact them to have you lounge designed as we
DO NOT have the time to code peoples lounges for them!

WEBSITE CODING: is NOT responsible for ANY WEB SITE CODING, we will put
the code in for the player but that is all we will do if one of our staff
decides to help you with your WEBSITE coding then that will be between you and
them on a personal level! We will not provide any lounge or site coding support
other then the player code thats
what website coders are for I would suggest you contact them to have your
website designed as we DO NOT have the time to code peoples websites for them
unless you purchase a web design package!

If does decide to do your website for you there will be a
charge of $50 per hour with the first charge being a minimum of 1 hours (no
matter if it take only 10 mins) billed then $50 per hour for each additional
hour or any portion there of!

Failure to pay for web site coding can and will result in suspension of your
web site and or radio server and any money paid on your web site and or radio
server will be NON-REFUNDABLE. You agreed to the price and agreed to pay said
price therefore by not paying your website design costs you do hereby agree
that can suspend your web site and if suspended you agree to
pay a late fee of $10.00 in addition to your web site design costs. You also
agree that you if you do not pay your web site design fee that any other
services you may have with are subject at our option subject
to suspension with NO REFUND!

Web Site design costs us time and money and failure to pay for it puts any
other services you may have with at risk for Suspension and
Possibly Termination!


DO NOT give your SONICPANEL or web site control Panel info to anyone who you
do not trust! People can change your passwords and other account info and cause
a big headache for you and us!

Every server we build we give you a DJ info text file or we give you the on
live support for them that is what your DJ’s need to take air, Kick the auto DJ
etc they do not need anything else. Your File will
also be email to you from our Billing system and you can always login to
billing and view every email we have sent you!


If you or a Dj has an issue that we think could be
the machines fault, we may ask to TeamView (You can
download teamviwer free at
into that machine so we can see the issue and fix it quickly for you. However if you or the DJ does not trust us enough to allow
us to TeamView in to the machine then we WILL NOT be
able to provide you with enhanced support, at that point all we can is suggest
you try some things and walk away because we are NOT able to see the issues or
even try to trouble shoot it live. There will be nothing more we can do to help
you with the issue!

I wish to thank each and every one of you being a customer of
and I again apologize for having to get stricter on the rules but I have no
choice were here to provide Quality servers to you and when people abuse us we
have to start cracking down on things, we cant pay
our bills for the servers if we don’t get paid you know…….

Acts of Hackers and Credit issuing

We have had attempts by hackers to break into our server/DDOS Attack and
while we and the data center are taking every measure we have to prevent them
(including contacting the hackers ISP, and filing Legal actions against the
hackers and there ISP’s (if the ISP does not do anything to stop it).

When the Hackers Attack our server(s) they can cause the server(s) to run
slower (because automatic counter measures go into effect to block and stop
them), they can also cause audio streams to buffer be it Auto DJ or live DJ,
Live DJ’s to get error messages and/or disconnected, and during the attack they
can cause you to loose access to your website (if
hosted on our server(s) and/or your Sonicpanel/Centova panels.

Like I said we are doing everything we can put a stop to these attacks but
we have no control over the actions of hackers we are taking every measure we
have at our disposal to prevent and stop said attacks and will be taking legal
action against ALL hackers who are causing these issues for you our customers.

We have counter measures in place (which we can not
disclose here for security reasons) to help protect against hackers. You can be
rest assured that we are taking every measure we can against hackers then the
issues they can cause for us and our customers!

Because our products are Virtual items (ie radio/audio servers, web servers, and android
apps) all sales are final and no refunds will be issued unless an error in
billing occurred that was our fault then we will if applicable issue a refund.
There will however be absolutely NO REFUNDS on android apps because once we
give you the app we cant
take it back!

When accepting payments via stripe: We do not keep any logs of your credit
card number nor do store your number anywhere on our site. Stripe is the only
party who may store your number for record keeping and as such they are
responsible for the safe keeping of your credit card number and all other
information required to make the transaction.

When accepting payments via Stripe and Paypal
here: We do not keep any logs of your credit card number nor do store your
number anywhere on our site. Stripe and Paypal is the
only party who may store your number for record keeping and as such they are
responsible for the safe keeping of your credit card number and all other
information required to make the transaction.

When paying an invoice from our billing system your invoice may be marked as
paid at the time of the transaction however if the transaction is later
declined or denied by you or your bank we reserve the right to reverse the billing
action and charge you any fees that we are charged by stripe or paypal here for the reversal we also reserve the right to
suspend any product that you ordered from us until this issue is resolved.

  RE-SELLER accounts are just that a re-seller account I
want to stress that being a re-seller does not make you a part of
you are your own company and as such you operate as your company.
is only your RE-SELLER provider / Radio server Host. I ask that anyone who is
re-selling to REFRAIN from representing them self as

RE-SELLERS are NOT TO claim that they work for, represent or other wise are a part of doing so can
result in termination of your services with



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