Streaming

Between the Customer

and

Streamakaci
(Ci after called the Company)

Preamble

Considering that the Customer wishes to entrust the diffusion of its media on intern with the Company.

Considering that the Company agrees to provide to the Customer the services diffusion and other services defined by the choice carried out at the time of the purchase

2.0 Object

The customer wishes to diffuse a media on Internet.

2.01 Diffusion

The radio diffusion allows to direct listening general public of the radio by different players in accordance with the standard used. The diffusion is carried out in light with the flow fixed by the purchase. The waiter of a capacity of is connected simultaneous maximum given at the time of the purchase.

Beyond the simultaneous limit listening is impossible for the following people and an estimate will be carried out to propose to the customer a rise in load of its diffusion.

2.02 The provision of the bonds of listening

Bonds are placed at the disposal of the customer on the Streamakaci site giving access to flow.

2.03 Time of Installation

The Company is committed setting up the diffusion of the media and the access to the interface of management of the statistics under 3 days wrought maximum as from the reception of the payment by the customer.

2.04 Conditions of operating

The company is committed with all implementing to ensure permanence, the continuity and the quality of the services which it proposes, and subscribes an obligation of means for this reason consequently, the company will endeavor to offer an access Internet 24 hours a day and 7 days a week.

The Customer recognizes by the present ones that the fluctuations of the band-width and the risks of the supplier of access are elements being able to involve a discontinuity in the access to the waiter independent of the will of the company.

In the event of absolute need, the company reserves the possibility of stopping the waiter to proceed to a technical intervention in order to improve its operation of it. The company will inform then before, as far as possible, the Customer within a reasonable time by informing it of the nature and the duration of the intervention, so that the Customer makes his provisions.

Detail of the conditions of lodging of the machines:

The machines are lodged in dated centers professional whose characteristics are common to this activity. Amongst other things:

- Network OSPF/BGP4 out of black fibers multi-operators
- Redundant Connectivity enters the operators
- Redundant and protected Power supply
- Air-conditioning and fire protection

3.0 Responsibility for the company

The Company is responsible, according to rules' of the civil law, the services provided to the Customer. The Company is committed putting all its means works about it to ensure under optimal conditions the customer services, except on the assumption that an interruption of the service is expressly required by an administrative or jurisdictional authority proper.

Moreover, the responsibility of the Company will not be committed:
If the execution of the contract, or any obligation falling with the Company under the present ones, is prevented, limited or disturbed because of a case of absolute necessity, i.e. result of an external, irresistible and unforeseeable event in accordance with the decisions of the court of cassation which can constitute in certain circumstances of fire, explosion, failure of the networks of transmission, collapse of the installations, epidemic, earthquake, flood, power failure, war, embargo, law, injunction, request or requirement of any government (“Case of absolute necessity”), then the Company, subject to a prompt notification with the Customer, will have to be exemptedexecution of its obligations within the limit of this prevention, limitation or disturbance, and the Customer will be same manner exempted of the execution of his obligations in measurement or the obligations of this part relate to the execution thus prevented, limited or disturbed, provided the part thus affected makes its best efforts to prevent or mitigate such causes of inexecution and that the two parts proceed with promptitude since such causes will have ceased or removed. The part affected by a Case of absolute necessity will have to hold the other part regularly informed by e-mail of the forecasts of suppression or re-establishment of this Case of absolute necessity.
If the effects of a Case of absolute necessity were to have one duration higher than 8 days, as from the notification of the case of absolute necessity to the other part, the contract could be automatically cancelled at the request of one or the other part, without financial claim on both sides.

Maybe that the company can show that the inexecution results because of the Customer, in particular in the cases hereafter:
O Destruction partial or total of the information transmitted or stored following ascribable errors directly or indirectly with the Customer,
O Disclosure or illicit use of the password confidentially given to the Customer.

Consequently, taking into account the high degree of technology implemented for the execution of the service object of this contract, the Company is held with an obligation of means and is committed taking all the reasonably possible care to the execution of the service. The Company could not be held responsible for the contents of information, the sound, the text, of the images, elements of form, data accessible on the sites lodged on the waiter from the Customer, transmitted or put on line by the Customer and this to some title that it is.

The Company could not be held for person in charge for non-observance total or partial of an obligation and/or failure of the operators of the grid systems de towards world Internet and in particular of sound or its suppliers of access.

The repairs which had by the Company in the event of failure of the service which would result from a fault established in its opposition will correspond to the damage direct, personal and unquestionable related to the failure in question, with exclusion express of the consequential damages.

To in no case, the Company could not be held responsible for the indirect damages, i.e. all those which do not result directly and exclusively from the failure partial or total of the service provided by the Company, such as commercial loss, loss of orders, attack to the public image, turbid commercial unspecified, loss of benefit or Customers (for example, inappropriate disclosure of confidential information with regard to them in consequence of defect or hacking of the system), for whom the Customer will be his own insurer or will be able to contract the suitable insurances. Any action directed against the Customer by a third constitutes an indirect damage and consequently, right to repair does not open. In any event, the amount of the damages which could be put at the load of the Company, if its responsibility were engaged, will be limited to the amount of the sums actually paid by the Customer with the Company and/or invoiced with the Customer by the Company and/or the amount of the sums corresponding to the price of the service, for the share of the service for which the responsibility of the Company was retained. Will be taken into account the weakest amount of these sums.

The Customer recognizes that no stipulation of present will release it from the obligations to pay all the amounts due with the Company under the present ones.

3.1 Obligations and responsibilities for the Customer

The Customer acts as an independent entity and consequently assumes only the risks and dangers of his activity. The Customer is only responsible for the contents diffused on the waiters, of the contents of information transmitted, disseminated or collected, of their exploitation and their update, as well as all files, in particular address files. The Customer in particular commits himself respecting the rights of the thirds, in particular the rights of the personality, the rights of ownership intellectual of the thirds such as royalties, rights in the patents or the marks. Consequently, the Company could not be held for person in charge for the contents of information transmitted, disseminated or collected, of their exploitation and their update, as well as all files, in particular address files and this, with some title that it is.

The Company can only warn the Customer on the legal consequences which could rise from illicit activities on the site, and release any interdependent responsibility on the use of the data availability of the Net surfers by the Customer.

The Customer consequently states to accept all the legal obligations fully rising from the property of his services, the Company not being able required nor to be worried in this respect for some cause that it either, in particular in the event of violation of laws or payments applicable to the services of the Customer. Non-observance by the Customer of the points noted above and in particular any activity to generate a civil and/or penal liability will involve the right for the Company of décâbler and/or to stop without delay and setting in preliminary the services of the Customer and to terminate and full residence the contract immediately, without damage of the right to all damages to which the Company could claim. The repairs which had by the Customer in the event of failure or failure with one of its obligations which would result thus from a fault established in its opposition will correspond to the damage direct, personal and unquestionable related to this failure or failure, with exclusion express of the consequential damages.

On these assumptions, the Customer will not be able to claim with refunding by the Company of the already versed sums.

The Customer commits himself to into force respect the whole of the legal and lawful regulations, and in particular those relating to data processing, the files and freedoms, and in particular making any statement of the treatments attached to the National Commission of Data processing and Freedoms (C.N.I.L.). The Customer in addition commits himself taking all the insurances necessary near a manifestly solvent organization in order to cover all the damage which would be ascribable for him within the framework of this contract or its execution.

The Customer guarantees to raise unscathed the Company of any action in claim of third related to the contents of the information transmitted, disseminated, in particular reproduced those resulting from an attack to the rights of the personality, with a right of ownership related to a patent, a mark, drawings and models, royalties or those resulting from an act from unfair or parasitic competition or from an attack to the law and order, with the deontologic rules governing Internet, the moralities, the respect of the private life (right to the image, secrecy of the correspondence…) or with the provisions of the Penal code.

The Customer is the person in charge whole and exclusive passwords necessary to the use of its waiter the Company releases any responsibility for any illicit or fraudulent use of the passwords placed at the disposal of the Customer. The supply of the passwords is regarded as confidential. Any suspicion of a disclosure, intentional or not, provided passwords, engages the single responsibility for the Customer other than that of the Company.

The Customer will support only the consequences of the malfunction of the consecutive waiter to any use, by the members of his personnel or any person to which the Customer will have provided his (or its) word (S) of master key. In the same way, the Customer supports only the consequences of the loss of the above mentioned passwords.

The Customer commits himself informing the Company in the 48 hours of any modification concerning his situation, and in the 24 hours of any possible loss of the passwords.

4.0 Methods of invoicing

The month is to be paid by advance.

The company reserves the right to suspend the service if the customer is late of more than 5 days in his payments of the recurring services.

4.1 Delay of payment

- Any incident and/or delay of payment at the limit of more than 5 days will involve automatically the application of a penalty of delay equalizes to 5% of the which had sums, as well as the invoicing of the whole of the financial expenses, of file, setting in residence and covering correspondents, without damage of the cancellation of the service.

5.0 Duration:

The service is planned for one one month duration as from the date of payment.

6.0 Cancellation

In the event of inexecution by one of the parts of whole or part of its contractual obligations, the contract will be automatically terminated if the failing part, after having received a setting in residence to cure it by letter registered with acknowledgment of delivery, omits to remedy the inexecution within 15 (fifteen) day as from the reception of the aforesaid the setting in residence. This cancellation will be done with the wrongs of the part having the load of the contractual obligation not carried out and this, without damage of all damages that the other part could claim.

7.0 Jurisdiction

This Contract is governed by the French right. Any disagreement will come under the exclusive responsibility of the Courts of Paris, notwithstanding plurality of defendants or call in guarantee. This competence also applies in the event of summary procedure “.
In the event of difficulties of application or interpretation of present, the Parts decide to be subjected a friendly procedure before.
For this reason, very part which would wish to bring into play the aforementioned procedure and this, before the sasine of the Court of competent jurisdiction, will have to notify its will with the other part by letter registered with acknowledgment of delivery.
The parts will appoint a friendly expert by mutual agreement within the aforementioned fifteen day. Failing this, responsibility will be allocate to Mr. President of the Commercial court of Paris ruling in summary procedure to carry out such a designation. The consultancy fees will be supported with equal share by each part. “