Terms of Service & Acceptable Use Policy
Effective Date: 1st January 2009 | Last Updated: 1st April 2024
This Terms of Service and Acceptable Use Policy ("TOS-AUP") is a binding legal agreement between Streamonweb ("we", "us", "Company") and any individual, organisation, corporation, government body, or other entity ("Client", "you") that subscribes to, accesses, or uses any service, platform, application, panel, infrastructure, or technology offered by Streamonweb.
Use of any Streamonweb service — whether or not any formal agreement, MOU, purchase order, or contract has been signed — constitutes your unconditional acceptance of this TOS-AUP and of our full Legal Terms & Conditions. Acceptance is effective from the moment of first use, first payment, or first instruction to Streamonweb, whichever is earlier, in accordance with Section 8 of the Indian Contract Act, 1872 and Section 10A of the Information Technology Act, 2000.
1. Age Restriction
Streamonweb services are intended solely for persons who are 18 years of age or older. If you are under 18 years of age, you are not permitted to use, access, register for, or subscribe to any Streamonweb service. This threshold is consistent with the Digital Personal Data Protection Act, 2023 (DPDPA 2023) and the Protection of Children from Sexual Offences Act, 2012 (POCSO).
Clients who manage platforms, portals, or applications that may be accessed by persons under 18 must implement age-verification mechanisms and obtain verifiable parental consent as required under DPDPA 2023 and applicable Rules. Streamonweb shall not be liable for any breach of this obligation by the Client.
2. Acceptable Use
Streamonweb's infrastructure and services are provided in a shared, multi-tenant environment. You agree to use them only for lawful, authorised purposes. The following uses are expressly prohibited:
- Any use that violates the Information Technology Act, 2000, the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Indian Penal Code or its successor Bharatiya Nyaya Sanhita, 2023, the Copyright Act, 1957, or any other applicable Indian or international law.
- Streaming, hosting, or transmitting content that is obscene, defamatory, pornographic, seditious, communally sensitive, or otherwise unlawful under Indian law.
- Infringement of intellectual property rights — copyright, trademark, patent, trade secret — of any third party.
- Transmitting bulk, unsolicited, or spam communications (email, SMS, push notification) using Streamonweb infrastructure.
- Running scripts, programs, bots, or processes that degrade server performance, consume excessive bandwidth, or interfere with other clients.
- Attempting to gain unauthorised access to Streamonweb systems, networks, data, or to any third-party systems via Streamonweb infrastructure.
- Reverse engineering, decompiling, disassembling, or attempting to derive source code of any Streamonweb software, panel, or platform.
- Reselling, sublicensing, or white-labelling Streamonweb services or infrastructure without prior written authorisation.
- Streaming or hosting election-related content in violation of directions issued by the Election Commission of India (ECI) or the Model Code of Conduct;
- Deliberately manipulating, falsifying, or misrepresenting the online/offline status of polling booths, streams, or monitoring data in any Election Services dashboard;
- Using election monitoring stream data or dashboard outputs as official election evidence, results, or records without independent verification from authorised ECI sources;
- Sharing, exporting, or disclosing election monitoring credentials, data, or streams to any unauthorised person, media outlet, or third party;
- Using Streamonweb's Election Services infrastructure for any purpose beyond the scope expressly authorised by the contracting government or electoral body.
Streamonweb reserves the right to terminate service immediately and without notice for any violation of this section.
3. Broadcast Bitrate and Fair Usage
Live streams must operate within the bitrate allocated to your account as specified in your service plan or purchase order. Sustained over-streaming above the provisioned bitrate degrades shared infrastructure and may result in stream termination or account suspension. It is your sole responsibility to configure and monitor your encoder settings.
Streamonweb may impose automatic bitrate limits, throttling, or temporary suspension if overuse is detected. Repeat violation may result in permanent account termination without refund.
4. Content — Client's Sole Responsibility
The Client is solely and exclusively responsible for all content broadcast, streamed, hosted, or transmitted using Streamonweb services, including audio, video, text, graphics, and metadata. Streamonweb does not and is not required to actively monitor or pre-screen content.
Streamonweb operates as an intermediary within the meaning of Section 2(1)(w) of the Information Technology Act, 2000, and is entitled to the safe harbour protection under Section 79 of the IT Act, 2000, subject to compliance with the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The Client acknowledges that this intermediary status does not reduce the Client's own legal liability for content.
Streamonweb may act upon takedown notices received from competent authorities or rights holders and may remove content or disable access without liability to the Client.
5. Intellectual Property
All intellectual property rights in Streamonweb's software, platforms, control panels, applications, streaming infrastructure, encoding tools, monitoring systems, election monitoring dashboards, and any other technology — whether developed independently or for a specific Client project — vest exclusively in Streamonweb. No right, title, or interest in any such intellectual property is transferred to the Client for any reason, including payment.
All Streamonweb products and services are provided on an as-a-service (SaaS/TaaS) basis. Payment of fees constitutes payment for access to services, not for ownership of any underlying technology, code, design, or system. This applies to all custom applications, panels, portals, or tools developed by Streamonweb for the Client.
Client Content — Limited Retention of Rights: The Client retains ownership of original audio-visual content, video recordings, PDFs, study materials, images, and other materials that the Client itself independently creates and provides to Streamonweb for delivery through the Platform ("Client Content"). Streamonweb does not claim ownership of Client Content. The Client grants Streamonweb a worldwide, royalty-free, non-exclusive licence to store, encode, transcode, cache, and deliver Client Content solely to the extent necessary to provide the Services during the active service term. This is the only right the Client retains — the Client has no right, title, or interest in the Platform, software, code, applications, CDN infrastructure, streaming systems, databases, UI/UX, dashboards, administrative tools, or any other technology built, owned, or operated by Streamonweb.
For complete IP ownership terms, see Section 4 and Section 3 of our Legal Terms & Conditions.
6. Music and Content Licensing
The Client is solely responsible for obtaining all applicable content licences before broadcasting any copyrighted material. For content broadcast in India, relevant licensing bodies include but are not limited to:
- IPRS (Indian Performing Right Society) — for musical works and literary works (lyrics)
- PPL India (Phonographic Performance Limited) — for sound recordings
- NOVEX Communications Pvt. Ltd. — for certain sound recording rights
- Any other relevant collecting society, rights holder, or government body
Streamonweb does not provide, broker, or include any music or content licence as part of its services. Any liability arising from unlicensed use of copyrighted material rests entirely with the Client. Streamonweb shall be entitled to act on IPRS/PPL takedown notices without prior notice to the Client.
7. Data and Privacy
Streamonweb collects and processes personal data in accordance with the Digital Personal Data Protection Act, 2023 (DPDPA 2023), the Information Technology (Reasonable Security Practices and Procedures) Rules, 2011, and applicable CERT-In Directions. Full details are in our Privacy Policy.
Streamonweb will not release Client personal information to third parties except (a) where required by law, court order, or direction of competent authority, (b) where necessary to investigate and prevent fraud or security incidents, or (c) where expressly consented to by the Client.
Clients who use Streamonweb to process personal data of their own users are independently responsible for compliance with DPDPA 2023, including maintaining a lawful basis for processing, providing privacy notices, and honouring data principal rights.
8. Payment
Payment for services is due in advance before service commencement. Recurring services are invoiced monthly on the date of account activation unless otherwise agreed in writing. Streamonweb reserves the right to revise pricing at any time with prior notice via email or invoice. Continued use of services following a price revision constitutes acceptance of the revised pricing.
All amounts are exclusive of applicable taxes including GST. The Client is responsible for all applicable taxes, levies, or duties on services received. Disputed invoices must be raised in writing within 7 days of receipt; failure to do so constitutes acceptance of the invoice.
For complete payment terms including recovery of dues, late payment interest, and legal recovery, see Section 6 of our Legal Terms & Conditions.
9. Account Suspension for Non-Payment
If payment is not received by the due date, Streamonweb reserves the right to immediately suspend the Client's account and all associated services without prior notice. Suspension shall remain in force until all outstanding dues, including late payment interest at 2% per month compounded monthly on the outstanding balance from the due date, are paid in full.
If dues remain unpaid for 15 days following suspension, Streamonweb may permanently terminate the account, delete all associated data, and pursue recovery of dues through legal means including civil suit and arbitration.
Streamonweb shall not be liable for any loss, damage, or business disruption arising from such suspension or termination.
10. Refund Policy
All payments to Streamonweb are strictly non-refundable. Once service has been established or payment has been processed, no refund will be issued for any reason including but not limited to: cancellation, change of requirement, non-usage, or dissatisfaction with service.
In extraordinary cases of prolonged verified service outage directly attributable to Streamonweb, and subject to the terms of any applicable Service Level Agreement (SLA), Streamonweb may at its sole discretion offer a proportional service credit. Any such credit is the exclusive remedy and shall not be construed as a general refund policy.
11. Cancellation
Clients who wish to cancel their subscription must submit a written cancellation request (email to legal@streamonweb.com) with a minimum of 30 days' advance notice before the next billing date. Cancellation requests with less than 30 days' notice will be processed for the following billing cycle, and the Client remains liable for that final period's charges.
Upon cancellation, access to services will continue until the end of the current paid period, after which all data associated with the account may be permanently deleted. Streamonweb shall have no obligation to retain or export any data following account termination.
12. Limitation of Liability
To the maximum extent permitted by applicable Indian law:
- Streamonweb's aggregate liability for any claim arising from or in connection with these terms or the services shall not exceed the total fees paid by the Client in the three months immediately preceding the event giving rise to the claim.
- Streamonweb shall not be liable for any indirect, consequential, incidental, special, or punitive damages, loss of profit, loss of data, loss of business opportunity, or reputational harm, even if advised of the possibility of such damages.
- Streamonweb makes reasonable efforts to ensure uninterrupted service but does not warrant that the service will be error-free, uninterrupted, or available 100% of the time.
- Monthly and periodic backups are performed as part of infrastructure maintenance; however, Streamonweb shall not be liable for data loss. The Client is responsible for maintaining its own data backups.
13. Compliance with Law — Client's Obligation
The Client is solely responsible for ensuring that its use of Streamonweb services complies with all applicable laws and regulations, including but not limited to the Information Technology Act, 2000, DPDPA 2023, Copyright Act, 1957, POCSO Act, 2012, Cable Television Networks Act, 1995, Cinematograph Act, 2023, and all applicable State laws.
Where the Client is a company or other legal entity, its directors, officers, partners, or persons-in-charge shall be personally responsible for ensuring compliance and may be held personally liable under Section 85 of the Information Technology Act, 2000 for offences committed with their consent, connivance, or neglect. Streamonweb shall cooperate with competent authorities in any investigation of such offences.
The Client shall indemnify and hold harmless Streamonweb, its directors, employees, and agents from and against any claims, proceedings, penalties, or liability arising from the Client's breach of any applicable law or regulation.
14. Grievance Redressal
In accordance with the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and the Consumer Protection Act, 2019, Streamonweb has designated a Grievance Officer:
- Name: Bhaskar Agrawal
- Email: legal@streamonweb.com
- Address: Streamonweb (STREAMONWEB.COM), Gurugram, Haryana — 122 001, India
- Working Hours: Monday to Friday, 10:00 AM – 6:00 PM IST (excluding public holidays)
Grievances will be acknowledged within 24 hours and resolved within 30 days of receipt, in accordance with Rule 3(2) of the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. Complaints relating to unlawful content must be raised at the contact above and Streamonweb will act on valid notices within the timeframes prescribed by law.
15. Amendments
Streamonweb reserves the right to revise, amend, supplement, or replace this TOS-AUP and all related legal documents at any time and for any reason, without prior notice to the Client. The revised terms shall be posted on this page and shall take effect immediately upon posting. It is the Client's responsibility to periodically review this page for updates.
Continued use of any Streamonweb service following any change to this TOS-AUP constitutes irrevocable acceptance of the revised terms.
16. Governing Law and Jurisdiction
This TOS-AUP and all matters arising from it are governed exclusively by the laws of the Republic of India, including the Indian Contract Act, 1872, the Information Technology Act, 2000, the Copyright Act, 1957, the DPDPA 2023, and all other applicable Indian statutes.
Any dispute, claim, or controversy arising out of or in connection with this TOS-AUP shall be subject to the exclusive jurisdiction of the courts at Gurugram, Haryana, India. For formal dispute resolution and arbitration provisions, see Section 34 of our Legal Terms & Conditions.
17. Full Legal Terms
This TOS-AUP is supplementary to and must be read together with our complete Legal Terms & Conditions, which govern all aspects of the client relationship including intellectual property ownership, SaaS model, data protection, election services, security obligations, anti-corruption, non-solicitation, and dispute resolution. In the event of any inconsistency between this TOS-AUP and the Legal Terms & Conditions, the Legal Terms & Conditions shall prevail.
This Terms of Service and Acceptable Use Policy is effective from 1st January 2009. Last updated: 1st April 2024.
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