BHR HOSTING &

Olivero Broadcasting Group

Acceptable Use Policy

 

 

THIS POLICY APPLIES TO ALL VISITORS  AND END USERS ...

Welcome

Welcome to the website (the "Website") of the OLIVERO BROADCASTING GROUP  ("OBG") & BHR Hosting . Please carefully review these terms and conditions ("Terms of Use"), the Privacy Policy, and the terms and conditions on the Website that govern particular offers or features (e.g. requests for information) ("Additional Terms and Conditions," together with these Terms of Use and the Privacy Policy, form the "Terms & Conditions") all of which collectively govern your use of and access to all of the Website and any and all content, data and information contained therein. 

 IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS LISTED IN THIS DOCUMENT AND ATTACHED DOCUMENTS, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS WEBSITE(S) OR ANY HOSTED OR OPERATED WEBSITES OR SERVERS BY OBG. EXIT HERE

This site or application is owned or managed by Olivero Broadcasting Group. (“OBG”) and is part of the BHR Hosting family of companies.

OBG provides this OBG Site and related services for your personal non-commercial use only and subject to your compliance with this Terms of Use Agreement (the “Agreement”). Please read this Agreement carefully before using this OBG Sites. Your use of this OBG Sites constitutes your acceptance to be bound by this Agreement without limitation, qualification or change. If at any time you do not accept all the terms and conditions of this Agreement, you must immediately discontinue use of this OBG Site. This Agreement sets forth OBG’s policies with respect to its operation of the OBG Sites. Other policies govern OBG’s non-Internet operations.

Certain products or services offered by this and/or other OBG Sites (each a“OBG Internet Service,” and collectively “OBG Internet Services”), and certain areas within this and/or other OBG Sites may be governed by additional terms (“Additional Terms”) presented in conjunction with those products or services. You must agree to those Additional Terms before using those areas or OBG Internet Services. The Additional Terms and this Agreement, taken together, shall apply to your use of those areas or OBG Internet Services. In the event of an irreconcilable inconsistency between the Additional Terms and this Agreement, the Additional Terms shall control.

YOU MAY NOT USE ANY OBG SITE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS. YOUR ACCESS TO ANY OBG SITE MAY BE TERMINATED IMMEDIATELY IN OBG’S SOLE DISCRETION, WITH OR WITHOUT NOTICE, IF YOU FAIL TO COMPLY WITH ANY PROVISIONS OF THIS AGREEMENT AND/OR ANY APPLICABLE ADDITIONAL TERMS, OR FOR ANY OTHER REASON, OR NO REASON.

By using this OBG Site, you are representing and warranting that: (a) you are a legal resident of the United States; or Treaty Nation (b) you are at or above the legal age of majority in your jurisdiction of residence; (c) you own or have sufficient authorization to use the computer, mobile device, technology or other device you use to access this OBG Site (collectively, “Device”); and (d) you will access and use this OBG Site in accordance with this Agreement.

Some parts of this OBG Site may contain adult content intended for people who are at or above the legal age of majority in their jurisdiction of residence. By viewing this adult content, you are representing that you are at or above such legal age of majority and that the content is acceptable to you. Filtering software is commercially available which can be used to exclude content that is not acceptable to you. This software may prevent the display of all or portions of the OBG Site content .

 

Acceptance of Policy.

By using the OBG Network Service, OBG  Network Users agree to be bound by the terms and conditions set forth in this document. OBG  Network reserves the right, at its sole discretion, to change, modify, or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. 

Questions regarding these terms and conditions or any other legal matter  should be mailed  to legal @bhrhosting.com

If you have a copyright  issue we prefer snail mail.  See the policy below

Code of Conduct.

In accessing and using any OBG Site and you agree that you will not:

Deliver any unsolicited advertisement, promotional materials, junk email, bulk email (also known as “spam”), chain letters, surveys or contests, or solicit participation in any pyramid schemes (unless it is on a page that explicitly states that such postings are allowed on that page).

·                 Deliver any unlawful (according to local, state, federal, or international law or regulation) postings to or through this OBG Site, or any postings which advocate illegal activity.

·                 Deliver, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable.

·                 Deliver, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability.

·                 Deliver, or provide links to, any postings containing defamatory, false or libelous material.

·                 Deliver any posting that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, laws governing trade secrets, rights to privacy, or publicity.

·                 Deliver any posting to that you do not have a right to make available under law or contractual or fiduciary relationships.

·                 Impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so is to mislead, deceive, or defraud another.

·                 Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you deliver.

·                 Deliver any posting containing personal information, such as phone numbers, social security numbers, account numbers, addresses or employer references.

·                 Use this OBG service in any manner which could damage, disable, overburden, or impair or otherwise interfere with the use of this OBG Site or other users’ Devices, or cause damage, disruption or limit the functioning of any software, hardware, or telecommunications equipment.

·                 Attempt to gain unauthorized access to this OBG Site, any related website, other accounts, computer system, or networks connected to this OBG Site, through hacking, password mining, or any other means.

·                 Obtain or attempt to obtain any materials or information through any means not intentionally made available through this OBG Site, including harvesting or otherwise collecting information about others such as email addresses.

Restrictions of Use.

OBG Network grants OBG  Network Users non-exclusive and limited right to use the OBG  Network Service for personal, recreational purposes only. OBG  Network Users are not receiving any ownership or proprietary right, title, or interest in the OBG  Network Service including, but not limited to, the copyrights, trademarks, patents, trade-secrets, and other intellectual property related thereto.

OBG Network Users may not use the OBG Network Service in such a fashion as to

  • defame, abuse, harass, threaten, or otherwise impose harm upon other OBG  Network Users;
  • including monitor chat boxes with out permission of OBG
  • anyone caught monitoring , screen-printing  our websites or chat boxes for any reason with out a warrant from the court will be charged with  Cyber Stalking and copyright infringement
  • infringe upon the privacy, copyrights, trademarks, patents, or trade-secrets of  OBG or other OBG  Network Users;
  • copy any sites, whole or just individual images without written permission from OBG (compensation for the designer that made the site/ images must be paid also.)
  • restrict, impede, or inhibit other OBG Network Users from accessing the OBG Network Service;
  • statistically monitor or collect personal or account-related information about other OBG  Network Users;
  • republish, relay, retransmit, or record any broadcast audio transmission from the OBG  Network Service;
  • bypass or circumvent authentication or account-tracking mechanisms used by the OBG  Network Service;
  • impersonate by any means the owners, operators, or administrators of the OBG  Network Service;
  • transmit viruses, Trojan horses, or other potentially damaging material to or through the OBG  Network Service;
  • enable the high-volume dissemination of unsolicited commercial email to or through the OBG Network Service;
  • disassemble, reverse engineer, decompile, modify or alter the OBG Network Service or monitor the OBG Network Service;
  • prepare, design, develop, or publish derivative works based upon the OBG  Network Site; or any one of our  Customers sites,
  • Prepare a lookalike station  even it has a different design, In order to harass or anger a current client 
  • violate any applicable local, state, national, or international government laws, treaties, or regulations.

In addition, OBG Network Users may neither operate any bot, botnet, or spider nor undertake any iterative technique, be the source localized or distributed, which could

  • impose an unreasonably large traffic load on the OBG Network Service;
  • gain any type of commercial benefit from the OBG Network Service;
  • disrupt or impair the security or integrity of the OBG  Network Service.

Also all users will follow the following policies or conditions during there use of the network

  • OBG reserves the right to block anyone that it feels is a threat to its operation or server safety, If you are blocked that is a permanent restraining order from OBG. If a  block occurs during the normal use of the network please contact  OBG to fix the accidental  blockage.
  • ALL CUSTOMERS ARE REQUIRED TO USE THE PROVIDED BILLING/SUPPORT SYSTEM FOR ALL PROBLEMS AND QUESTIONS

Outside vendor software.

All users  that require software from  a 3rd party  for the operation and to Broadcast  on any OBG station or site agree that:

  • follow all rules concerning the install and operation of the software
  • maintain your PC properly  so the software will operate properly
  • If the company ( OBG) provided the software to you make you PC available for complete inspection to an OBG official and possibly a official from the company that OBG bought the software from at any time.. Even after you leave OBG (5 year rule)
  • If you do not make you PC available  your PC , could be blocked from using that software ever again.. with you buying a complete copy through OBG with extra fees attached
  • currently this applies to any broadcaster software  we provide

 

Grant of License.

By contributing any original creative works to OBG  Network for publication, OBG  Network Users thereby grant OBG  Network a worldwide, royalty-free license in such creative works for purposes of reproduction, adaptation, public performance, synchronization, and publication. This license shall terminate upon the removal of such creative works from the OBG  Network Site (s) and Servers.

Furthermore, OBG  Network Users represent and warrant that the rights in such creative works are owned by or otherwise assigned to the same for the express purposes herein described.

Stream Copyright License.

OBG   & BHR Hosting  uses  3rd party vendors for its stream copyright licensing.  All customers agree to follow all Rules concerning Copyright Licensing including the policies  and rules of the 3rd party vendor without exception.

AS IT IS A CRIME TO STREAM COPYRIGHT MATERIAL WITH OUT PAYING ROYALTIES.    IF YOU HAVE A STREAM THROUGH US  A COPYRIGHT LICENSE MUST BE PAID FOR BUY THE CLIENT FOR EACH STREAM THAT YOU USE. 

THE ONLY EXCEPTION IS IF YOU PROVIDE TO US FOR COMPLETE INSPECTION  AND ACCESS TO VERIFY THAT YOU HAVE A  VALID LICENSE AT ALL TIMES ... IF YOUR LICENSE BECOMES INVALID YOU WILL HAVE ONE ADDED TO YOUR ACCOUNT!

ALL WEBSITES WILL ALWAYS HAVE TO  DISPLAY A VALID LICENSE  AT ALL TIMES THAT USE OUR STREAMING PRODUCTS

 

Termination.

OBG Network, in its sole discretion, reserves the right to limit, deny, or create different priorities to different OBG  Network Users. OBG Network, in its sole discretion, reserves the right to modify, extend, or remove some or all of the functionality of the OBG Network Service at any time and without prior notice.

 

Cost of Use  and Refunds and Termination of YOUR  STATION account.

Our Stations our free to listen to for the basic user  but for those that operate stations or buy products from us :

Please see the BHR Hosting  billing policy   for all  additional costs for your account.  HERE

 BHR HOSTING and OBG  DOES NOT  MAKE REFUNDS.  ALL SALES ARE FINAL , ALL ORDERS ARE FINAL  ALSO  IF YOU TRY TO OBTAIN A REFUND FROM OUR PAYMENT PROCESSOR  YOU WILL BE CHARGED AGAIN.  IF YOU DO THIS IT IS CONSIDERED FELONY FRAUD AND YOU COULD BE CHARGED BY THE FEDERAL OR LOCAL COURT SYSTEM  

IF YOU CANCEL YOUR ACCOUNT EARLY YOU COULD BE CHARGED WITH BREAKING A CONTRACT, DEPENDING ON PRODUCT TYPE, AND WOULD HAVE TO PAY  THE REST OF YOUR CONTRACT PLUS A PENALTY.  THIS WOULD BE DUE IN 5 DAYS  FROM BREAKING YOUR AGREEMENT WITH NO EXTENSIONS

any question on how we track users in our billing system for electronic signatures  Please Read the Federal Law  HERE

If you have a ligament  payment problem you will need to contact us  and fill out our paperwork  and we will issue you a refund from our payment processor.

Back Ups.

Full backups are made weekly, and backups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the Clients responsibility to maintain local copies of their web content and information. If data loss occurs due to negligence of Client in securing their account or by an action of the Client, OBG Network will attempt to recover the data from the most recent archive for a $250.00 fee will be added to your account.

Third-Party Websites and Vendors.

The OBG Network site may incorporate hyperlinks to third-party Websites. OBG  Network Users acknowledge that third-party Websites are neither controlled by nor endorsed by OBG  Network, and therefore use of such third-party Websites is beyond the scope of this Acceptable Use Policy, EXCEPT FOR STREAMS. OBG Network disclaims all liability arising from and relating to the availability of hyperlinks to third-party Websites. Third party links on OBG Network Sites Must Be approved. Streams on some third party websites  may be blocked by OBG, if OBG has deemed that site "Unsafe", or wishes that it has no affiliation with that site or its owner (s). OBG also has no control over the availability of third party websites or venders. OBG does not support Chat box services that come from third party vender websites. OBG is not responsible if a 3rd party vendor is down and you cannot operate your station.

Disclaimer.

THE OBG  NETWORK SERVICE IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. OBG  NETWORK MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS, OR COMPLETENESS OF THE OBG  NETWORK SERVICE. OBG  NETWORK MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY THAT THE OBG  NETWORK SERVICE AND THE INFORMATION OBTAINED THEREIN MAY BE RELIED UPON FOR ANY PARTICULAR REASON OR PURPOSE. OBG  NETWORK MAKES NO WARRANTY, REPRESENTATION, OR GUARANTY THAT USE OF THE OBG NETWORK SERVICE WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR-FREE NOR THAT ANY DEFECTS CAN BE CORRECTED.

Indemnification.

OBG Network Users agree to defend and hold harmless OBG  Network and its affiliates, its contractors, its agents, and its assigns from all claims and demands, including reasonable attorney's fees, made by any third-party arising from any Users' activities with respect to or in connection with the OBG  Network Service.

Copyrights and Trademarks.

Copyright © 2007-2012, Olivero Broadcasting Group All rights reserved.

"Best Hits Radio", "Ravage Radio", "Triple X Radio", "Crypt Radio", "The Hop/Kraze", "Renagade Radio", "965 The Noize", And OTHER STATIONS  , including the associated logotypes/ and names, are trademarks or servicemarks  of Olivero Broadcasting Group & BHR Hosting.

ALL SITES AND THERE NAMES  ON OBG SERVERS ARE PROTECTED BY THE OBG TRADEMARKS AND CANNOT BE REPLICATED IN ANY METHOD WITHOUT WRITTEN PERMISSION FROM OBG.

All other trademarks or servicemarks used herein are property of their respective owners.

General.

Choice of Law and Forum.

This Acceptable Use Policy shall be governed by and construed in accordance with the laws of the State of Illinois. OBG  Network Users irrevocably consent to the exclusive jurisdiction of and venue of the courts, whether they be state or federal, located within the State of Illinois, Ford County, in all claims or disputes arising from or relating to use of the OBG  Network Service including unpaid accounts.

Statute of Limitations.

OBG  NETWORK USERS AND OBG NETWORK AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATING TO USE OF THE OBG  NETWORK SERVICE MUST COMMENCE WITHIN ONE (1) MONTH AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Waiver and Severability.

The failure of OBG Network to exercise or enforce any provision in this Acceptable Use Policy shall not constitute a waiver of such provision. If any article of this Acceptable Use policy is held to be invalid or unenforceable, that article shall be construed in a manner consistent with applicable law to best reflect the original intentions of both parties while the remaining articles shall endure their full effect.

Limitation of Liability

 

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL OBG OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR ACCESS TO OR INABILITY TO USE OR ACCESS THIS WEBSITE ,YOU COMPUTERS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF OBG HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU, AND NOT OBG, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. . THIS INCLUDES INSTALLATION OF ANY NECESSARY SOFTWARE TO BE A DJ FOR OBG OR A LEASED OBG STATION

The limitations of liability shall apply regardless of the form of action, whether based on contract, tort, negligence, strict liability or otherwise, even if OBG has been advised of the possibility of damages.

 

Section Headings.

The section headings in this Acceptable Use Policy are for convenience only and have no legal or contractual effect.

Entire Agreement.

This Acceptable Use Policy constitutes the entire understanding between OBG  Network Users and OBG  Network with respect to the subject matter hereof. There are no understandings, agreements, conditions or representations with reference to the subject matter herein that are not expressly referenced herein or superseded hereby.

 

OBG's POLICY REGARDING SUBMISSIONS,
POSTINGS AND OTHER COMMUNICATIONS

Submissions


 

All remarks, suggestions, ideas, graphics, or other information communicated by you to OBG through the Website (collectively, the "Submission") will forever be the property of OBG and you waive all of your rights, including but not limited to moral rights, therein if applicable, provided that you will continue to be responsible for the content of the Submission including, without limitation, any indemnification obligations related to such Submissions. OBG will not be required to treat any Submissions as confidential (unless required by law or if OBG has agreed to treat it as confidential in other documentation), and will not be liable for any ideas for its business (including without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future OBG operations. Without limitation, OBG will have exclusive ownership of all present and future existing rights to the Submission of every kind and nature everywhere and will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. OBG retains the right to review, edit or delete from the Website any Submission which OBG in its sole discretion considers illegal, offensive, in violation of a third party right or otherwise inappropriate.

Email and Other Communications


 

In connection with your use of the Website, you consent to OBG recording any communication, electronic or otherwise, between you and OBG and retaining any information and data you submit while using the Website.

In using the Website, you may be permitted to communicate electronically with OBG by sending electronic mail to OBG; however, you acknowledge and agree that only general information or inquiries may be submitted to OBG via electronic mail and any other submissions or communications on or through the Website (e.g., the placement of orders) may be submitted only in accordance with the express instructions set forth on the Website for such submissions or communications. Please do not send any time-sensitive communications to OBG via e-mail as OBG cannot be responsible for responding to any such communications. Use of the client support system is the best method of communication with OBG at all times.

Investigations


 

OBG may seek to gather information from the user who is suspected of violating this Terms & Conditions, and from any other user. OBG may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. This also includes anyone in violation of the billing policy or the Station Handbook policy. If OBG believes, in its sole discretion, that a violation of this Terms & Conditions has occurred, it may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action it deems appropriate. OBG will fully cooperate with any law enforcement authorities or court order requesting or directing OBG to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate this Terms & Conditions. YOU WAIVE AND HOLD HARMLESS OBG FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY OBG DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER OBG OR LAW ENFORCEMENT AUTHORITIES.

 

ONLINE COPYRIGHT INFRINGEMENT NOTIFICATION POLICY

If you believe that the Website contains materials that constitute copyright infringement, please notify our Designated Agent, Matthew G Olivero, in writing using the following contact information:
 

Name of Designated Agent to Receive Notification of Claimed Infringement: Matthew G Olivero

Full Address of Designated Agent to Which Notification should be Sent: PO BOX 534  GIBSON CITY IL 60936

e-mail address  legal @ bhrhosting.com     non preferred  method of contact


 

Under Title 17, United States Code, Section 512(c)(3)(A), your notice of a claimed copyright infringement to our Designated Agent must be in the form of a written communication that includes the following information:

  1. Your address, telephone number and e-mail address; Including a copy of a photo Id
  2. Identification of the copyrighted work (or works) that you claim has been infringed;
  3. A description of the material that you claim is infringing the copyrighted work;
  4. A clear description of where the infringing material is located on the Website, including its URL, so that OBG can locate the material;
  5. A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
  7. An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest.

 

    POLICY COMPLETELY REDONE 3/5/2012