Terms of Service

1. Music Licensing & Content Responsibility

This includes, but is not limited to, licences from collecting societies and rights organisations such as:

• PRS for Music (Performing Right Society) — for the public performance and broadcast of musical compositions
• PPL (Phonographic Performance Limited) — for the broadcast and public performance of sound recordings
• Equivalent organisations in any other jurisdiction in which you operate or to which your stream or content is accessible

Hippynet does not verify, audit, or confirm whether any Customer holds appropriate licences. Provision of streaming or hosting services by Hippynet does not constitute any representation that the Customer’s use of those services is lawfully licensed.

Customers agree to indemnify and hold harmless Hippynet, its officers, directors, employees and agents from and against any and all claims, losses, liabilities, fines, penalties, or expenses (including reasonable legal costs) arising from or related to:

• the Customer’s failure to obtain or maintain required music or content licences;
• any claim by a rights holder, collecting society, or regulatory body in connection with content transmitted through the Customer’s account;
• any unlicensed broadcast, streaming, or distribution of copyrighted material by the Customer.

Customers are solely responsible for all content transmitted through their account, regardless of whether that content is generated, scheduled, or uploaded by the Customer or any third party using the Customer’s account.

2. Acceptable Use Policy

This AUP governs the use of all Hippynet services. Violation may result in suspension or termination of service. In the event of a dispute regarding interpretation of this AUP, Hippynet’s reasonable commercial judgement shall govern.

2.1 Prohibited Content

You may not publish or transmit via Hippynet’s services any content that Hippynet reasonably believes:

• Constitutes or facilitates child sexual abuse material or the grooming, exploitation, or trafficking of minors
• Is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech
• Is unfair or deceptive under consumer protection laws, including chain letters and pyramid schemes
• Is defamatory or unlawfully violates a person’s privacy
• Creates a risk to public safety, national security, or interferes with a law enforcement investigation
• Improperly discloses trade secrets or confidential information belonging to another person
• Is intended to assist others in circumventing technical copyright protection measures
• Clearly infringes on another person’s trade mark, patent, or other intellectual property right
• Promotes illegal drugs, violates export control laws, facilitates illegal gambling, or relates to illegal arms trafficking
• Is otherwise illegal, or solicits conduct that is illegal under laws applicable to you or to Hippynet
• Is malicious, fraudulent, or may result in retaliation against Hippynet or its customers

“Content published or transmitted” includes web content, audio streams, email, bulletin board postings, automated broadcasts, and any other transmission using Hippynet services.

2.2 Copyright & Intellectual Property

You may not publish, distribute, or copy in any manner any music, software, artwork, or other work protected by copyright law unless:

• You have been expressly authorised by the rights holder to copy the work in that manner; or
• You are otherwise permitted to do so under applicable UK copyright law, including the Copyright, Designs and Patents Act 1988 (as amended).

Hippynet will suspend or terminate the accounts of repeat copyright infringers.

2.3 Security

You must take reasonable precautions to protect the security of your account. You must keep your password confidential and change it periodically. You must not:

• Attempt to gain unauthorised access to Hippynet’s systems or those of any other customer
• Scan, probe, or test the vulnerability of any system or network without express authorisation
• Intercept or monitor data or traffic on any network without the owner’s authorisation
• Interfere with the service of any user, host, or network, including mail bombing, flooding, or deliberate overload
• Forge TCP/IP packet headers or e-mail headers
• Take any action likely to result in retaliation against Hippynet’s network or customers

2.4 Bulk & Commercial Email

You must obtain Hippynet’s prior written approval before sending any bulk commercial email using Hippynet services. Approval will only be granted where you can demonstrate all of the following:

• Recipients have provided affirmative consent (opt-in) to receive email
• You retain verifiable evidence of that consent, producible within 72 hours of request
• Each email clearly identifies how the recipient’s address was obtained
• An easy opt-out mechanism is included, and revocations are honoured within 72 hours
• You maintain an abuse contact at abuse.net and display an abuse@ address on associated websites
• You comply with the UK Privacy and Electronic Communications Regulations (PECR) and UK GDPR

2.5 Unsolicited Email

You may not send unsolicited email, whether individually or in bulk, to any person who has indicated that they do not wish to receive it. You must comply with the rules of any network you access using Hippynet services.

2.6 Internet Abuse

You may not engage in illegal, abusive, or irresponsible behaviour, including:

• Using an internet account or computer without the owner’s authorisation
• Password theft, security hole scanning, or port scanning
• Using Hippynet’s network in a way that unreasonably interferes with other customers’ use

2.7 Chat, Forums & IRC

You must comply with the rules of any bulletin board, chat group, or other forum in which you participate. IRC robots (“bots”), clones, or scripts that interfere with or deny service to other users are prohibited. You may not impersonate others or disguise your hostname or username on IRC.

3. Copyright Infringement Notices

Hippynet respects intellectual property rights and will respond to notices of alleged copyright infringement in accordance with the Copyright, Designs and Patents Act 1988 (CDPA) and applicable UK law.

If you believe content on the Hippynet network infringes your copyright, please send a written notice to:

Your notice must include:

• Identification of the copyrighted work claimed to have been infringed
• Identification of the allegedly infringing material and its location on the Hippynet network
• Your contact information (name, address, telephone, email)
• A statement that you have a good faith belief that the use is not authorised by the rights holder, their agent, or the law
• A statement that the information in your notice is accurate
• A physical or electronic signature of the rights holder or an authorised representative

Hippynet will act promptly on valid notices and will notify the relevant customer where required by law. Repeat infringers will have their accounts terminated.

4. Services

Subject to these Terms, Hippynet agrees to provide the hosting and streaming services described in the applicable Order or service description, for the fees stated therein. Service descriptions may be updated from time to time with reasonable notice.

Hippynet does not guarantee uninterrupted service availability and makes no service level commitment unless explicitly stated in a separate written agreement signed by both parties.

5. Term & Renewal

The service term begins on the date Hippynet confirms activation of your account (“Service Commencement Date”). Unless otherwise stated in the Order, the agreement continues on a monthly basis and will automatically renew each month unless either party provides at least 30 days’ written notice of non-renewal prior to the end of the then-current term.

6. Fees & Payment

7. Data Protection & Privacy

7.1 Data Controller & Processor

Hippynet Broadcast Technologies Ltd is a data controller in respect of personal data collected from customers. We process personal data in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. Where customers process personal data of their own users or third parties using Hippynet services (for example, storing listener data or broadcasting subscriber content), the customer acts as the data controller for that data and Hippynet acts as a data processor. Customers are responsible for ensuring they have a lawful basis for such processing and for complying with their own obligations under UK GDPR.

7.2 Data We Collect

When you register for our services, we collect:

• Contact information (name, address, phone number, email address)
• Payment information processed via our payment partner, Stripe — we do not store full card details
• Technical data including IP address, visit duration, and pages viewed when you visit our website
• Cookie data to recognise returning visitors
• Technical data from Hippynet software you install, such as the Hippynet Encoder (for example computer name, operating system, app version, IP address, stream status and diagnostic logs), as described in our Privacy Policy

7.3 Lawful Basis & Use

We process your personal data on the following lawful bases:

• Contract performance — to provision, manage, and support your services and process payment
• Legitimate interests — to improve our services, prevent abuse, and protect network integrity
• Legal obligation — to comply with applicable law, including responding to lawful requests from authorities

We may contact you occasionally with information about service updates or special offers. You may opt out at any time. We do not sell or transfer your personal data to third parties for marketing purposes.

7.4 Data Sharing

We may share your data only with:

• Payment processors (such as Stripe) acting as data processors on our behalf
• Law enforcement or regulatory agencies upon lawful request
• A successor entity in the event of a business acquisition
• Third parties who provide services on our behalf, under appropriate data processing agreements

7.5 Your Rights

7.6 Data Retention

We retain customer account data for the duration of the contract and for up to 6 years thereafter to comply with legal and financial obligations. Technical and diagnostic data from Hippynet software is kept for shorter periods, set out in our Privacy Policy. We will delete or anonymise data upon request where we are not legally required to retain it.

7.7 Children

Our services are not directed at children under the age of 13. We do not knowingly collect personal data from anyone under 13.

8. Customer Representations & Obligations

8.1 Information Accuracy

You represent and warrant that all information you provide to Hippynet is accurate and current, and that you are at least 18 years of age. You will promptly notify Hippynet of any changes to your billing or contact information, and will ensure that any domain name hosted on the Hippynet network has valid and current registrant information.

8.2 Backup Responsibility

8.3 Indemnification

You agree to indemnify and hold harmless Hippynet, its affiliates, officers, directors, agents, and employees from and against any and all claims, liabilities, losses, damages, penalties, expenses, and legal costs (including reasonable solicitors’ fees) arising out of or related to:

• Your actual or alleged use of the services in violation of applicable law or this AUP
• Your failure to obtain or maintain required music, content, or broadcast licences
• Any claim by a rights holder, collecting society, or regulator arising from content you transmit via the services
• Use of your account by any person, whether or not authorised by you

9. Disclaimer of Warranties & Limitation of Liability

9.2 Liability Limits

Subject to the mandatory notice above, Hippynet’s total liability arising out of or in connection with these Terms and the Services (including Hippynet Software), whether in contract, tort (including negligence), breach of statutory duty or otherwise, is limited to the fees you paid for the affected service in the three months before the event giving rise to the claim. Neither party is liable for:

• Consequential or indirect damages
• Lost profits or revenue
• Loss of data or business interruption
• Punitive or special damages

9.3 Broadcast Interruption & Software Failure

9.4 Consumers

Our Services are intended for business use. If you use them as a consumer, nothing in these Terms affects your statutory rights under the Consumer Rights Act 2015.

10. Suspension & Termination

10.1 Suspension

Hippynet may suspend services without notice and without liability where:

• Hippynet reasonably believes the services are being used in violation of this AUP or applicable law
• You fail to cooperate with a reasonable investigation of a suspected AUP violation
• Suspension is necessary to protect Hippynet’s network or other customers
• Required by a law enforcement or regulatory authority

A reasonable reinstatement fee may apply where service is reinstated following suspension for non-payment or AUP breach.

10.2 Termination by Customer

You may terminate the agreement before the end of the current term, without further liability, if Hippynet materially fails to provide the services and does not remedy that failure within 10 days of your written notice describing the failure in reasonable detail.

10.3 Termination by Hippynet

Hippynet may terminate the agreement:

• 10 days’ notice: Payment overdue
• 30 days’ notice: Material breach of any other provision, not remedied within that period
• 1 day’s notice: Repeated or serious AUP violation
• 1 day’s notice: Inaccurate customer information provided

Either party may terminate immediately upon written notice if the other party becomes insolvent, makes an assignment for the benefit of creditors, or enters administration, receivership, or liquidation proceedings. Upon termination, any unpaid fees for the remaining term become immediately due.

11. Disclosure of Customer Information

Hippynet may, without prior notice to you, report to appropriate authorities any conduct it reasonably believes violates applicable law, and may disclose your account information in response to a lawful request from a law enforcement or regulatory agency, or a valid court order.

12. Force Majeure

Hippynet will not be in breach of its obligations if failure to perform results from events beyond its reasonable control, including significant power or internet infrastructure failures, natural disasters, war, riot, civil unrest, epidemic, pandemic, strikes, organised labour action, or terrorist activity.

13. Governing Law & Jurisdiction

These Terms are governed by the laws of England and Wales. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales, with proceedings to be commenced in Liverpool, Merseyside.

14. Miscellaneous

Each party retains exclusive ownership of its respective trade marks, service marks, trade secrets, inventions, copyrights, and intellectual property. Neither party may use the other’s name or trade mark without prior written consent.

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship.

Except as provided in Section 15 (Amendments), these Terms may only be amended by a written agreement signed by both parties. Customer purchase order terms or other business forms are not binding on Hippynet unless expressly incorporated into a signed written agreement.

You may not transfer or assign this agreement without Hippynet’s prior written consent. Hippynet may assign the agreement in whole or in part.

15. Amendments to These Terms

Hippynet may update these Terms from time to time. Where changes are material, Hippynet will notify you by email at least 30 days before the changes take effect. Continued use of the services after the effective date of any update constitutes acceptance of the revised Terms. The current version of these Terms is always available at hippynet.co.uk/tos.

16. Hippynet Software

This section applies to software Hippynet provides for you to install on your own computers, including the Hippynet Encoder (“Hippynet Software”). By installing or using Hippynet Software you agree to these Terms.

16.1 Licence

Hippynet grants you a non-exclusive, non-transferable, revocable licence to install and use Hippynet Software on any number of computers you control, solely to use the Services you have ordered, for as long as those Services remain active. Hippynet Software is licensed, not sold; Hippynet and its licensors keep all rights not expressly granted.

16.2 Restrictions

You must not copy (except as needed to install and use it), modify, sell, sublicense, rent or distribute Hippynet Software, or reverse engineer, decompile or disassemble it, except to the extent the law or an open-source licence that applies to a component expressly permits.

16.3 Open-Source Components

Hippynet Software includes open-source components (for example the LAME MP3 encoder and the Opus codec). Each is licensed to you under its own licence, which these Terms do not restrict. The licences and notices are listed in the software’s Help section.

16.4 Updates

Hippynet Software downloads updates automatically. An update is not installed during a live broadcast unless you choose to install it; otherwise it installs when the software is not broadcasting, when you close it, or at the quiet time you choose. Installing an update restarts the software, which may interrupt a broadcast for a few seconds. Hippynet may stop supporting older versions, and some Services may require a current version.

16.5 Diagnostics

Hippynet Software sends technical information to Hippynet so we can operate, monitor and support your Services, as described in our Privacy Policy. You can turn off sharing of diagnostic logs in the software’s settings.

16.6 Termination & Liability

Your licence ends automatically when your Services end, and Hippynet may sign Hippynet Software out or stop it connecting to the Services if your Services are terminated or you breach these Terms. When your licence ends you must stop using and uninstall Hippynet Software. Hippynet Software is provided “as is”, and Section 9 (including Sections 9.2 and 9.3) applies to it in full.