Terms of service

These terms are the agreement between you and FYNN YATES NETWORK DEVELOPERS ("we", "us"), which operates FYN Radio. By using the service you accept them.

1. What we provide

Stream hosting. Each station you order gets a hostname, a dedicated source port, its own credentials, an automated playlist service, and capacity for the number of simultaneous listeners and the bitrate stated on your plan.

We do not insert advertising into your stream. We do not claim any rights in the audio or the media files you upload. They remain yours.

2. Your account

You are responsible for what happens under your account, including anything broadcast through your stations and anything done by anyone you give your credentials to. Keep your source and admin passwords private. Tell us promptly if you think they have been exposed and we will reissue them.

We never send you a password by email. Access is set through a link you request, and we will never ask you for your password.

You must be old enough to enter a contract where you live, and the country on your account must be the one you are actually in. The country decides which payment methods are available to you, which is why it can only be changed by contacting us.

3. Content and licensing

Paying us does not license any music. Broadcasting recorded music requires licences from the relevant rights holders or collecting societies in your territory, and obtaining and paying for those is entirely your responsibility. We do not provide them and cannot obtain them for you. This applies equally to nonprofit and free accounts.

You must hold the rights or licences for everything you broadcast or upload, and you must comply with the acceptable use policy, which forms part of these terms.

4. Billing

Prices are in US dollars. You top up a balance and each active station is charged its plan price against that balance once a month. All charges are recorded on your statement, and that record is append only: a correction is a new entry rather than an edit to an old one, so your history cannot change behind you.

There is no minimum term and no contract to cancel. Stop topping up and your stations stop. If we change a plan price, the new price applies from that station's next monthly charge, never retroactively.

Payments are taken through PayPal, or M-Pesa where available. We do not store your card or mobile money details.

5. When a balance runs out

If your balance falls below zero we email you, and after a grace period every station on the account stops broadcasting. The current grace period is shown on the pricing section and in the email.

A stopped station keeps everything: its media, playlists, hostname, port and credentials. It resumes automatically, normally within a minute, once the balance is back above zero. Nothing is deleted at this stage.

A station that stays stopped is eventually closed, and closing it deletes its uploaded media permanently. This does not happen sooner than 30 days after it stopped, and we email you before it does. Your billing records are kept after closure because we are required to keep them.

6. Station names

Your station's name forms its hostname. Once a station is set up the name cannot be changed, because it is the address your listeners have saved.

We never reassign a name to another customer, including after a station is closed. A name that appears in directories and bookmarks must not start pointing at somebody else's stream.

We may refuse or reclaim a name that impersonates us, impersonates someone else, or infringes a trade mark.

7. Refunds

If the service fails through our fault and your station is unavailable for a material period, contact us and we will credit your balance for the affected time. We would rather credit you than argue about it.

We do not refund a balance you topped up and chose not to use, or a month in which your station was working and you did not use it.

8. Suspension and termination by us

Apart from an unpaid balance, described above, we may suspend your account, and we may close it, for any of these reasons:

• Breaking these terms or the acceptable use policy
• Broadcasting or uploading material you do not hold the rights or licences for, including where we receive valid copyright notices about your station
• Broadcasting or hosting anything illegal where you or we operate, or anything that incites violence or hatred, harasses or threatens someone
• Sexual content involving children, or content that sexualises children. The account is closed at once and reported to the authorities
• Fraud or payment abuse: paying with a card, PayPal account or phone that is not yours to use, reversing or disputing payments for a service you received, or sending M-Pesa payment requests to numbers that are not yours
• Opening accounts to take the grace period on a new station more than once, or to get round a suspension, a limit or a refusal
• Giving false details, such as a name or email that is not yours or a country you are not in
• Impersonating a broadcaster, an organisation, a person or us, or using a station name that infringes someone's trade mark
• Trying to reach another customer's station, our servers, or any part of the service you have not been given, including by scanning or attacking it, or by pointing a webhook or the API at our internal network
• Harming the service for other customers: overloading it, distributing malware, storing files that have nothing to do with broadcasting, inflating listener numbers by automated means, or working around your plan's limits
• Reselling stations as your own hosting service without our agreement
• Threatening or abusing our staff
• Signs that your account or its passwords are in someone else's hands. We suspend to protect you, and lift it once you have secured the account
• Where the law, a court, a regulator or a valid legal notice requires it

Where the problem is something you can fix, we tell you and give you a chance to fix it first. We suspend without warning where waiting would cause real harm, where we suspect fraud or an attack, or where the law requires it.

While your account is suspended

• Every station on the account stops broadcasting. Its media, playlists, hostname, port and credentials are kept
• You can still sign in. Billing, support and your account settings stay open; the rest of the dashboard, your API keys and your webhooks do not
• Nothing is charged. When the suspension is lifted, each station's next monthly charge moves on by as long as it was suspended, so you do not lose a paid day
• We tell you the reason, by email and on your dashboard, unless the law prevents us

A suspension does not turn into closure on its own. Closing an account is a decision we make and tell you about.

Closing your account

We close an account for a serious or repeated breach of the reasons above, or where the law requires it. Closing deletes your stations' media permanently, and their names are never given to anyone else. Billing records and your account's activity are kept for as long as the privacy policy says.

If you think we have got it wrong, reply to our email or open a ticket. We would rather reverse a decision than defend a bad one.

You may close your account at any time from your dashboard or by emailing us.

9. Availability

We build so that your station keeps broadcasting even when our control panel, website and database are unavailable, and we take that seriously. We do not promise uninterrupted service, and we do not currently offer a contractual uptime guarantee. If we introduce one it will be a separate document, not a sentence added here.

We may carry out maintenance that briefly interrupts a station, and we will avoid doing so without warning where we reasonably can.

10. Your data

How we handle personal data is set out in the privacy policy. You can request an export or deletion of your data by emailing us.

11. Liability

The service is provided as it is. To the extent the law allows, we are not liable for lost listeners, lost revenue, lost data, or any indirect or consequential loss arising from your use of the service or from an interruption to it.

Where we are liable, our total liability for any claim is limited to the amount you paid us for the affected station in the twelve months before the claim arose.

Nothing in these terms limits liability that cannot lawfully be limited.

12. Changes to these terms

We may change these terms. If a change materially affects you we will email you before it takes effect, and the date at the top of this page always reflects the last substantive change. Continuing to use the service after a change means you accept it.

Contact

FYNN YATES NETWORK DEVELOPERS, operating FYN Radio. Email [email protected].