UStream Terms of Use & Privacy

 

Overview:

Welcome to UStream4Less! We are a book keeping service that provides our clients a billing and distribution service.

These Terms of Use govern your use of our service. As used in these Terms of Use, "UStream4Less service," "our service" or "the service" means the service provided by UStream4Less for purchasing data plans and other products provided by our clients.

If you are a resident of the United States (including its possessions and territories), you agree to the Arbitration Agreement and class action waiver described in Section 15 to resolve any disputes with UStream4Less (except for matters that may be taken to small claims court).

Please note that these Terms of Use include hyperlinks that may be accessed only through our website, so if you are reviewing these Terms of Use through certain UStream4Less ready devices, you may need to visit UStream4Less.com/page/terms to review these hyperlinked terms.

  1. Acceptance of Terms of Use
    1. These Terms of Use, which include your use of the UStream4Less service. By using, visiting, or browsing the UStream4Less service, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the UStream4Less service.
  2. Changes to Terms of Use. UStream4Less may, from time to time, change these Terms of Use. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 30 days after posting. We will endeavor to post prior versions of the Terms of Use, if any, for the preceding 12-month period.
  3. Privacy. Personally identifying information is subject to our Privacy Policy (www.UStream4Less.com/PrivacyPolicy), the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.
  4. Communication Preferences. By using the UStream4Less service, you consent to receiving electronic communications from UStream4Less relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the UStream4Less service, or in the "Your Account" page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with UStream4Less. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new UStream4Less features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply go to the "Your Account" page of our website (www.UStream4Less.com/) to manage delete your UStream4Less account.
  5. Subscription, Billing and Cancellation
    1. Subscription
      1. Ongoing Subscription. Your UStream4Less subscription will continue month-to-month unless and until you cancel your subscription or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the UStream4Less service. We will bill the monthly subscription fee to your Payment Method. You must cancel your subscription before it renews each month in order to avoid billing of the next month's subscription fees to your Payment Method.
      2. Differing Subscriptions. We may offer a number of subscription plans, including special promotional plans or subscriptions with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your subscription with UStream4Less by visiting our website and viewing your account. Some promotional subscriptions are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription plans.
    2. Billing
      1. Recurring Billing. By starting your UStream4Less subscription and providing or designating a Payment Method, you authorize us to charge you a monthly subscription fee at the then current rate, and any other charges you may incur in connection with your use of the UStream4Less service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
      2. Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.
      3. Billing Cycle. The subscription fee for your service will be billed at the beginning of the paying portion of your subscription and each month thereafter unless and until you cancel your subscription. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying subscription. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying subscription began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your UStream4Less subscription or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Subscription. Visit our website and click on the "View billing details" link on the "Your Account" page to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of subscription or service-related charges. As used in these Terms of Use, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.
      4. No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS IF NOT RECEIVED WITHIN 10 DAYS OF THE INITIATION OF THE SERVICE (AND DEVICE MUST BE RETURNED AT PURCHASERS EXPENSE). Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
      5. REFUNDS FOR NON SUBSCRIPTION BASED DEVICES will only be applied if device is returned at your own expense to UStream4Less within 10 days of initiation of service and only if device has not been used or damaged. This decision will be made by UStream4Less staff and is not negotiable.
      6. Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the "Your Account" link, available at the top of the pages of the UStream4Less website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
      7. Cancellation. You may cancel your UStream4Less subscription at any time, and you will continue to have access to the your subscribed service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS. To cancel, go to the "Your Account" page on our website and follow the instructions for cancellation. If you cancel your subscription, your account will automatically close at the end of your current billing period. To see when your account will close, click "View billing details" on the "Your Account" page.
  6. UStream4Less Service
    1. You must be 18 years of age, and live in the United States, to become a member of the UStream4Less service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use.
    2. The UStream4Less service is intended to assist our clients in managing their products and billing management.
    3. UStream4Less is not a data or phone provider. We are a billing and device management company that assists our clients in device management and billing.
    4. We continually update the UStream4Less site offerings, including the product content. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, and plans. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
    5. You agree to use the UStream4Less service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree not to insert any code or product or manipulate the content of the UStream4Less service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the UStream4Less service, including any software viruses or any other computer code, files or programs.
    6. If your UStream4Less account device is sold, lost or stolen, please deactivate the UStream4Less account. If you fail to log out or deactivate your device, subsequent users may access your UStream4Less account through your account and may be able to access certain of your account information. If this does happen be sure to change your password and account access information. g. We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.
  7. Passwords & Account Access
    1. The member who created the UStream4Less account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the UStream4Less account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting UStream4Less Customer Service and potentially altering the Account Owner's control, the Account Owner should not reveal the Payment Method details associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
    2. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the UStream4Less website and not through a hyperlink in an email or any other electronic communication, even if it looks official. UStream4Less reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. UStream4Less is not obligated to credit or discount a subscription for holds placed on the account by either a representative of UStream4Less or by the automated processes of UStream4Less.
  8. Disclaimers of Warranties and Limitations on Liability
    1. THE UStream4Less SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE UStream4Less SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. UStream4Less DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE UStream4Less SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
    2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL USTREAM, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
    3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
    4. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
  9. Gifts & Promotions. From time to time, types of promotional codes may be available, including those provided as part of a third party promotion. Promotional codes may be redeemed as described in the specifics of the promotion. Promotional codes can only be used once, cannot be redeemed for cash, and may be combined with other offers subject to certain restrictions as determined by UStream4Less in its sole discretion. If you received a promotional code through an offer by a third party, additional conditions may apply.
  10. Intellectual Property
    1. Copyright. The UStream4Less service, including all content provided on the UStream4Less service, is protected by copyright.
    2. Trademarks. UStream4Less is a registered trademark of UStream, Inc.
  11. Governing Law
    1. For all other UStream4Less members, these Terms of Use shall be governed by and construed in accordance with the laws of the state of Oklahoma, U.S.A. without regard to conflict of laws provisions.
    2. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.
  12. Applications. You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that interact with the UStream4Less service. These Applications may import data related to your UStream4Less account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and UStream4Less is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY UStream4Less AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
  13. Use of Information Submitted. UStream4Less is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the UStream4Less service, including the UStream4Less website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the UStream4Less service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against UStream4Less and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
  14. Customer Support. To find more information about our service and its features, or if you need assistance with your account, please visit UStream4Less Help.
  15. Arbitration Agreement
    1. If you are a UStream4Less member in the United States (including its possessions and territories), you and UStream4Less agree that any dispute, claim or controversy arising out of or relating in any way to the UStream4Less service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and UStream4Less are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your UStream4Less subscription.
    2. If you elect to seek arbitration or file a small claim court action, you must first send to UStream, by certified mail, a written Notice of your claim ("Notice"). The Notice to UStream4Less must be addressed to: General Counsel, UStream, Inc., 100 Winchester Circle, Los Gatos, CA 95032-1815 ("Notice Address"). If UStream4Less initiates arbitration, it will send a written Notice to the email address used for your subscription account. A Notice, whether sent by you or by UStream, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If UStream4Less and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or UStream4Less may commence an arbitration proceeding or file a claim in small claims court.
    3. If you are required to pay a filing fee, after UStream4Less receives notice at the Notice Address that you have commenced arbitration, UStream4Less will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.
    4. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless UStream4Less and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence.
    5. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of UStream’s last written settlement offer made before an arbitrator was selected (or if UStream4Less did not make a settlement offer before an arbitrator was selected), then UStream4Less will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
    6. YOU AND UStream4Less AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and UStream4Less agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
  16. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

 

 

Privacy Statement

This Privacy Statement explains our practices regarding the collection, use, and disclosure of certain information, including your personal information, by UStream4Less LLC ("UStream4Less").

 

Contacting Us

For any questions concerning your account, please visit our online help where you will also find information on how to contact us for assistance. For questions specifically concerning this Privacy Statement, or our use of your personal informationplease contact us by email at customerservice@UStream4Less.com.

Alternatively, you can write to us at the following address: UStream4Less, 2020 E Alameda St, Norman, OK 73071, U.S.A. Attention: Privacy.

Please note that if you contact us to assist you, for your safety and ours we may need to authenticate your identity before fulfilling your request.

 

Collection of Information

We receive and store information about you such as:

  • Information you provide us: We collect information you provide to us which includes:
    • your name, email address, address or postal code, payment method and telephone number. We collect this information in a number of ways, including when you enter it while using our service, interact with our customer service, or participate in surveys or marketing promotions; and
    • information collected when you choose to provide reviews account settings, in Your Account or otherwise provide information to us through our service or elsewhere.


Use of Information

We use the information we collect to provide, analyze, administer, enhance and personalize our services and marketing efforts, to process your registration, your orders and your payments, and to communicate with you on these and other topics. For example, we use the information we collect for:

  • determining your general geographic location, providing localized content, providing you with customized and personalized viewing recommendations for movies and TV shows we think will be enjoyable, determining your Internet service provider and helping us quickly and efficiently respond to inquiries and requests
  • preventing, detecting and investigating potentially prohibited or illegal activities, including fraud, and enforcing our terms
  • communicating with you concerning our service (for example by email, push notifications and text messaging), so that we can send you news about UStream, details about new features and content available on UStream, and special offers, promotional announcements and consumer surveys


Disclosure of Information

We disclose your information for certain purposes and to third parties, as described below:

  • The UStream4Less family of companies: We share your information as needed for:
  • Promotional offers: We may offer joint promotions or programs that, in order for your participation, will require us to share your information with third parties. In fulfilling these types of promotions, we may share your name and other information in connection with fulfilling the incentive. Please note that these third parties are responsible for their own privacy practices.
  • Protection of UStream4Less and others: UStream4Less and its Service Providers may disclose and otherwise use your personal and other information where we or they reasonably believe such disclosure is needed to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce applicable terms of use, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address illegal or suspected illegal activities (including payment fraud), security or technical issues, or (d) protect against harm to the rights, property or safety of UStream, its users or the public, as required or permitted by law.
  • Business transfers: In connection with any reorganization, restructuring, merger or sale, or other transfer of assets, we will transfer information, including personal information, provided that the receiving party agrees to respect your personal information in a manner that is consistent with our Privacy Statement.


Access to Your Account and Profiles

Where possible, users of public or shared devices should log out at the completion of each visit. If you sell or return a computer or UStream4Less ready device, you should log-out and deactivate the device before doing so. If you do not maintain the security of your password or device, or fail to log out or deactivate your device, subsequent users may be able to access your account, including your personal information.

If you share or otherwise allow others to have access to your account, they will be able to see your information, including in some cases personal information.

To exercise choices regarding cookies set through our website, as well as other types of online tracking and Internet advertising, see the Cookies and Internet Advertising section (below).

 

Your Information

We give you access and the ability to update a broad range of information about your account, including your contact information and your communication preferences in the "Your Account" portion of our website. You must be signed in to access "Your Account."

If you have a question regarding our privacy practices, or want to exercise your rights regarding your personal information, please contact us at privacy@UStream4Less.com.

 

Security

We believe we use reasonable administrative, logical, physical and managerial measures to safeguard your personal information against loss, theft and unauthorized access, use and modification. Unfortunately, no measures can be guaranteed to provide 100% security. Accordingly, we cannot guarantee the security of your information.

 

Children

You must be 18 years of age or older to subscribe to the UStream4Less service. In certain jurisdictions, the age of majority may be older than 18, in which case, you must satisfy that age in order to become a member. While individuals under the age of 18 may utilize the service, they may do so only with the involvement, supervision, and approval of a parent or legal guardian.

 

Changes to This Privacy Statement

We will update this Privacy Statement from time to time in response to changing legal, regulatory or operational requirements. We will provide notice of any such changes (including when they will take effect) in accordance with law. Your continued use of the UStream4Less service after any such updates take effect will constitute acceptance of those changes. If you do not accept any updates to this Privacy Statement, you may cancel your use of the UStream4Less service.