Acceptable Use and Practices Agreement

for

Affiliated Network Broadcasters

on the

Barnabas Road Internet Radio Network

I. Authorized Network Affiliates

Barnabas Road Media will only accept as its network Affiliates FCC licensed AM or FM broadcast radio stations. Barnabas Road Media will provide streaming media services for said Affiliate’s live or recorded broadcast and Affiliate hosted side-channels. Side-channels are defined as an Affiliate provided internet only broadcast of music, news/talk, sports, or other live events.

Upon request, Barnabas Road Media will provide the Affiliate an internet source of Redundant Signal Path which could be used as a backup signal path to a primary or backup transmitter facility. This backup signal stream will be made available on-demand and at an acceptably high bandwidth. This alternate source of signal backup is to be held in reserve and only activated in an emergency. Barnabas Road Media will make this contingent stream available at no charge based upon the recommendations of the Media Security and Reliability Council’s November 2004 “Local Radio Station Model Vulnerability Assessment Checklist.” A Barnabas Road Media’s IP Stream should not be used as a primary source of transmitter feed and Affiliate hereby agrees to not use the Barnabas Road Media IP stream as a primary source of radio transmitter feed.

Special arrangements can be made to use a Barnabas Road Media IP stream as a source of remote location feed to the broadcast production facilities. There may or may not be an additional fee for remote broadcast feed depending upon the frequency of use or the feed’s associated use with an authorized Barnabas Road Media side-channel.

Barnabas Road Media will not knowingly rebroadcast any known offensive or unacceptable language or programming of an objectionable or offensive nature. Streaming services may be suspended immediately upon violation of this policy. Complete streaming media hosting services may be terminated upon 30 days written notice from Barnabas Road Media, Inc.,

II. Connectivity with Barnabas Road Media Streaming Media Servers

Barnabas Road Media is responsible for the ability of its streaming media server(s) to acquire an Affiliate’s encoded stream on a “pull” basis and presentation to the world-wide-web a reasonable facsimile of the Affiliate’s broadcast to supported versions of the Windows Media Player. Barnabas Road Media is not responsible for an Affiliate’s PC, soundcard, modem, firewall, audio generation equipment, or Internet Service Provider transmission lines to the streaming media server or for internet service providers beyond the control of the Barnabas Road Media Broadcast Center. Affiliate agrees that Barnabas Road Media is not responsible for encoder side connectivity or listener connectivity when a stream is provided from the Media Broadcast Center.

  Barnabas Road Media technical personnel can only verify whether or not an Affiliate’s stream is available to “pull” from the Affiliate’s Windows Media Encoder loaded personal computer. Barnabas Road Media personnel may not be able to remotely diagnose every-possible equipment, software, and or network configuration failure the station may encounter in attempting to allow the Barnabas Road Media media server to “pull” the encoded signal from the Affiliate’s personal computer.

Barnabas Road Media technical personnel may attempt to assist a station in the diagnosis of the most common causes of failed connectivity. In the event the Barnabas Road Media technician determines there is nothing more Barnabas Road Media can reasonably do or has exhausted exploration of the common causes of failed connectivity, the Barnabas Road Media technician may withdraw from assistance of the non-connected radio station using his or her own judgment as the final determining factor. Affiliate agrees to accept the decision of the Barnabas Road Media technician as outlined above.  

III. Listener Connectivity with the Barnabas Road Media Stream

There is a multitude of possible causes for a listener to not be able to connect to an Affiliate’s internet stream using the Barnabas Road Media media servers as the streaming media hosting service. The following conditions have been observed. We have listed the most common circumstances in descending order:

Listener Has an Older Windows Media Player Version or Uses a Non-Windows Internet Explorer Browser

Barnabas Road Media presents its stream to the internet using Windows Media System Version 9. Older Windows Media Player versions such as version 4 or 7 may not work with the version Barnabas Road Media uses. The listener may benefit from the upgrade of his player version to version 9 or 10 by downloading the free newer version directly from the Microsoft Corporation. If an internet browser is used other than the Windows Internet Explorer or Netscape, a plug-in from that software vendor, such as Mozilla, may be required in order for the Windows Media Player to operate correctly.

Listener Utilizes a Pop-Up Blocker

When the Affiliate has chosen to use the custom remote player provided by Barnabas Road Media, some listener’s Pop-Up Blocking software may recognize the “remote player” as a pop-up window. The user may turn off the Pop-Up Blocker software or simply press the “Control” key when clicking on the Affiliate’s “Listen Live” button. The player will then fully open and operate.

Listener Connects to the Internet via a Dial-Up Internet Service Provider

Although dial-up ISPs advertise their service as 56 kilobytes per second connection rate, they, more often than not, actually connect the user at a much lower Kbps rate, such as 19k or 26k. If the listener attempts to connect to a streaming Affiliate’s bandwidth that is higher than the listener’s dial-up connection rate, the player will constantly “rebuffer” and the stream will be rendered nearly incoherent.

You cannot control the connection speed of the dial-up ISP; you can only offer the most advantageous stream possible. In general, if you desire to only offer one streaming bit-rate, then a 20k stream is usable by most dial-up listeners and also

provides a reasonably high quality stream for broadband and other high speed internet connected listeners.

A dual bandwidth offering such as a 32K stream for broadband listeners and a 16k or 20k stream for dial-up listeners provides the better solution. The broadband listener has a much higher fidelity signal at 32k while you still offer a dial-up listener a signal their internet connection will process.

Listener attempts to connect to the Affiliate’s internet stream while at work and the WMS player opens, but no audio signal is present.

In most circumstances where the above situation occurs and other causes of failed connection have been ruled out, the next logical source of failure is the business use of a proxy server and software designed to block radio streaming throughout the business network. The user should contact the network administrator to determine the proper course of action. Some businesses have used this means of making sure their network resources are always available for business applications only.

 Listener experiences frequent “rebuffering” of the station’s broadcast and the listener is not using a dial-up ISP.

Although this happens infrequently, a router or some piece of equipment may fail somewhere on a leg of the internet. This outage could be intermittent or continuous. Your first line of thinking may be that your host has gone down for some reason, but this should be the last line of thought as Barnabas Road Media utilizes redundant power-grid supplies, diesel backup generators, battery backup, fail-over load-balancing, and multiple backbone carriers to the internet.

The Barnabas Road Media Broadcast Center was designed for stability and we guarantee 99.9% service availability.  

Problems arise within the open internet from time to time. One way we can isolate the problem is for your Barnabas Road Media technician to monitor your connections. A problem on one leg of the system can sometimes be detected when only a large number of an Affiliate’s listeners drop off at one time, but not all listeners. The large number drop-off will be followed by seeing listeners clicking the player back on if the problem is intermittent. The more difficult problem on an internet leg is the continuous inability of the listener to connect (given the listener had been previously connected). In this case, if the Affiliate is able to obtain the IP address of the PC having the problem, Barnabas Road Media may be able to trace the internet route to the listener from the media server and determine if there is a disconnection somewhere in the internet pathway. This service is only available from Barnabas Road Media during normal business hours 9AM to 5PM EST and should be considered an effort of last resort.  Listeners can obtain their PC’s IP address by opening a web browser on the PC in question and going to the www.whatismyipaddress.com web site. Upon entering this site, the listener’s IP Address will be displayed.

  IV. Information Provided By Media Server Logging Files (Listener Assistance)

Barnabas Road Media logs every Affiliate’s media player connection to the media server whether or not the Affiliate orders a THR (Tuning Hours Report) or the monthly “Basic Stat Report.” Some issues may be resolved by the review of the logging files. The listener’s player version is shown along with other diagnostic information. The logging files may be a source of data to assist a listener in making a solid connection. Barnabas Road Media will assist an Affiliate as time allows in the resolution of listener problems. Affiliate agrees that listener connectivity is not the responsibility of Barnabas Road Media when an Affiliate’s streaming broadcast is readily available to all other listeners or even some other listeners and the source of any lost connectivity is beyond the control of Barnabas Road Media.                                                                                  

V. Copyright Licensing, Reporting and Copyright Fees

Upon request, Barnabas Road Media will provide a THR (Tuning Hours Report) to the Affiliate on a monthly basis. The THR will show the Affiliate’s gross hours of player time opened each month as indicated from all streams associated with a single broadcast source. A more detailed report called the monthly Basic Stat Report is also available without charge upon request.

Barnabas Road Media will not give advice on copyright licensing, make application on behalf of any Affiliate to a licensing authority, and is not responsible for any Affiliate’s legal obligation to report internet digital media streaming activities or to pay any related copyright fee to any licensing authority. The Affiliate agrees to hold Barnabas Road Media harmless for any such application, reporting or fee payment.

VI. Non-business Hours Emergency Contact

Each Barnabas Road Media Streaming Media Network affiliated station will be issued an Emergency Code that is to be entered into the Emergency Contact 800 number Text Messaging System along with the service requestor’s return phone number. Affiliate agrees that the Emergency Contact System will not be used to report isolated listener problems or known causes of station generated broadcast failure unless equipment is replaced and the affiliated station needs to report a new IP Address in order to re-establish server connectivity.

Affiliate agrees to hold Barnabas Road Media, Inc. harmless for any loss of connectivity with the Media Broadcast Center or its listeners unless the Media Broadcast Center fails by reasons determined to be within the reasonable control of the Barnabas Road Media, Inc.; and such Affiliate’s loss is limited to the waiver of monthly hosting service fees on a prorated basis once the Affiliate’s broadcast is off-line for more than one-tenth of one percent of the month’s total possible broadcast time.

 Accepted for the Affiliate by: