Terms of Use
- ACCEPTANCE OF TERMS OF SERVICE
- As a precondition and requirement to use the services available via EasyWebVideo.com,
you, for yourself and for the company or other person(s), if any, you
represent ("Subscriber" or "Subscribers", as
applicable), hereby accept and agree to be legally bound by these Terms
of Service ("Terms"). These Terms are effective immediately
between the Subscriber and EasyWebVideo.com, Inc. dba TopNet Solutions,
Inc., its subsidiaries and affiliates ("EasyWebVideo.com").
Each Subscriber is subject to these Terms, and by using EasyWebVideo.com's
services, network and/or systems (collectively the
"Services"), Subscriber agrees to be legally bound by and
subject to all terms and conditions contained in these Terms, including
as well all usage policies and other policies herein. To the extent not
inconsistent therewith, these Terms are also incorporated into the
individual service agreement, if any, of each Subscriber.
- Subscriber represents and warrants that, if an individual, Subscriber
is at least 18 years old and otherwise legally competent in all respects
to, or, if an entity, Subscriber is a corporation, limited liability
company, partnership, or other legal entity duly formed and in good
standing, as applicable, and possesses all legal authority and power to
accept and be bound by these Terms. Additionally, Subscriber represents
and warrants that neither it, she, or he (as applicable), nor any entity
it, she or he represents, is prohibited under any part of section 13 of
these Terms from registering or signing up with or otherwise subscribing
to or receiving any of the Services from EasyWebVideo.com. Further,
Subscriber represents and warrants all information provided by
Subscriber to EasyWebVideo.com has been and is complete, accurate, and
current, and that Subscriber shall continue to provide complete,
accurate and current information to EasyWebVideo.com in connection with
all registration or renewal processes and further agrees to update all
such information as necessary to maintain complete, accurate and current
information. Although subscribers of paid services offered through EasyWebVideo.com
must be at least 18 years of age and otherwise legally competent to
accept and be legally bound by these Term, a parent or legal guardian of
a minor may obtain an account on the minor's behalf, and by doing so,
consents to such minor's use of the Services. Subscribing parents and
legal guardians each for herself or himself, as applicable, accept and
agree to be legally bound by these Terms, and assume full responsibility
and liability associated with any failure of compliance with the Terms
in connection with said minor's use of any of the Services.
- EasyWebVideo.com intends to provide the best possible video hosting
service to each of its Subscribers. EasyWebVideo.com is also dedicated
to staying abreast of new and available technologies that will better
serve our Subscribers. However, due to changing technologies, changing
laws and the individual and collective needs of our Subscribers, EasyWebVideo.com
reserves the right, in its sole discretion, to change, modify, add or
remove all or any part of these Terms at any time with or without
notice.
- Subscribers may view the most current version of these Terms at www.easywebvideo.com/terms.
Any use of the Services by Subscriber, after changes, modifications,
additions or deletions to these Terms are posted on the EasyWebVideo.com
website, shall constitute Subscriber's acceptance of all such changes,
additions, modifications or deletions. If a Subscriber does not agree to
any such alterations to these Terms, the Subscriber's sole and exclusive
remedy is to cancel the Subscriber's account as set forth in Paragraph 3
below.
- Notwithstanding EasyWebVideo.com's right to alter these Terms without
prior notice, EasyWebVideo.com may, within its sole discretion and as a
courtesy to all affected Subscribers, make an effort to provide
Subscribers with 7 days advanced notice of any alteration of these Terms
if it appears to EasyWebVideo.com, in its sole discretion, that said
alteration may materially and adversely impact said Subscriber's use of
the Services.
- TERM - PAYMENT - RENEWAL OF ACCOUNT
- Term of Service. The
term of Subscriber's subscription to the Services commences upon
Subscriber's acceptance of these Terms and terminates as set forth in
Paragraphs 2.04 and 3.01.
- Payment. Subscriber
agrees to pay all applicable fees for Services in effect at the time of
registration and/or renewal, subject to these Terms as same may be
modified by EasyWebVideo.com from time to time.
- Automatic Renewal of
Account. As a
courtesy and not as an obligation (contractual or otherwise), EasyWebVideo.com
will automatically renew Subscriber's account by charging the applicable
fee to Subscriber's current method of payment on file.
- Cancellation of
Automatic Renewal of Account. To
cancel Automatic Account Renewal, Subscriber must notify EasyWebVideo.com
of Subscriber's intent to cancel at least seven (7) days prior to the
account expiration date, by directing Automatic Account Renewal
Cancellation Notification to EasyWebVideo.com, as applicable, by sending
same via email to support @ topnetsolutions.net or via the Helpdesk at https://app.easywebvideo.com/helpdesk. EasyWebVideo.com agrees
that on receipt of Automatic Account Renewal Cancellation Notification under the
conditions stated above, no additional charges will be billed to
Subscriber, and Subscriber's account and videos, as applicable, shall
expire on the account expiration date and be removed permanently from
EasyWebVideo.com's servers 30 days after cancellation.
- Authority. In
the event Subscriber is a corporation, limited liability company,
partnership, joint venture, other business entity or group of
individuals, the person registering for or renewing EasyWebVideo.com
Services on behalf of Subscriber hereby certifies that he/she has the
authority to and does hereby bind the corporation, LLC, partners, joint
venture or other individuals in this manner and in connection with
Subscriber's acceptance of all other Terms set forth herein.
- CANCELLATION OF SERVICES - REFUND POLICY
- Cancellations and
Refunds. EasyWebVideo.com
provides a 60-day money back guarantee for new account registrations.
Subscriber must direct all cancellation requests to EasyWebVideo.com via
email sent to support @ topnetsolutions.net or via the Helpdesk at
https://app.easywebvideo.com/helpdesk.
- Chargebacks and
Reversals. In the
event Subscriber issues a chargeback or reversal of charges without
first following the above cancellation procedures, the Subscriber will
be responsible for a $50.00 billing service fee.
- PROPRIETARY RIGHTS
These Terms do not give Subscriber any rights in EasyWebVideo.com
intellectual property or technology. EasyWebVideo.com and related trademarks
and logos are the exclusive property of EasyWebVideo.com. EasyWebVideo.com
and Subscriber agree that neither will, directly or indirectly, reverse
engineer or decompile object code or execution code, nor otherwise seek to
obtain source code or trade secrets of the other party. Notwithstanding the
foregoing, nothing herein shall bar EasyWebVideo.com from using any
knowledge, information or skills that are generally known or that can be
learned or otherwise acquired in the normal course of business.
- SECURITY AND OWNERSHIP
- Site Security. EasyWebVideo.com
uses sophisticated means of security in connection with the Services.
Notwithstanding the foregoing, it is exclusively Subscriber's obligation
to maintain and control passwords to Subscriber's account(s), and
Subscriber exclusively is responsible for all activities that occur in
connection with Subscriber's user name and password. Subscriber agrees
to immediately notify EasyWebVideo.com of any unauthorized uses of the
Service or any other breaches of security. EasyWebVideo.com will not be
liable for any loss or damages of any kind, under any legal theory,
caused by Subscriber's failure to comply with the foregoing security
obligations or caused by any person to whom Subscriber grants access to
Subscriber's Services.
- Access and Control
Policy. When a
new account is registered with EasyWebVideo.com or with one of its
affiliates, the process requires and results in the creation of the
following within the records of EasyWebVideo.com, in association with
said new account: i) Name of person registering; ii) email
address; iii) user name; and iv) password.
- If a person contacts EasyWebVideo.com and claims that she or he is
entitled access to an account registered with
EasyWebVideo.com or its affiliate but is without access (for any
reason such as but not limited to forgotten password or forgotten
user name, data loss or corruption on personal computer, improperly
locked out, and so forth), EasyWebVideo.com will give access to the
person who acceptably evidences she or he has substantially all of:
i) name of the person who originally registered or last paid for
said account; ii) email address of the person who originally
registered or last paid for said account; iii) the user name of the
person who originally registered or last paid for said account, if
possible; and, iv) a photo identification evidencing she or he is
the rightful possessor and user of said credit card or original
payment medium or the one which was last used to pay for said
account (mandatory). Otherwise, EasyWebVideo.com will not give
access and control to a claimant unless EasyWebVideo.com is served
with a valid order of a court, agency, or appropriate internet
controlling entity, requiring EasyWebVideo.com to give such access
and control to said claimant or unless there is submitted to EasyWebVideo.com
at support @ topnetsolutions.net a written statement duly signed by
the person who originally registered said account which statement is
duly notarized, and in which said originally registering person
confirms that said claimant is entitled to access and control of the
account, together with a written notarized statement duly signed by
claimant which confirms claimant is entitled to access and control
of said account and has read and agreed to
these Terms of Service. Subscriber acknowledges and accepts that the
foregoing access and control policies and procedures are the only
way that notice(s) can be given and changes can be effected
regarding said access and/or control; and, further, that any other
changes made directly by Subscriber or by others within the online
records of EasyWebVideo.com or of its affiliates shall not be deemed
effective to give notice to EasyWebVideo.com or its affiliates of
any changes in said access or control.
- Subscriber acknowledges and accepts said access and control policy
and procedure, agrees not to bring any claim in the form of a
lawsuit or otherwise against EasyWebVideo.com arising out of its
following said policy and procedure, agrees immediately to dismiss
any claim so brought, and hereby releases EasyWebVideo.com from all
liability and all claims for damages or any other liability
whatsoever that may arise out of EasyWebVideo.com.s following said
policy and procedure.
- License to EasyWebVideo.com EasyWebVideo.com
claims no ownership interest in the content of Subscriber's web site(s).
By submitting content and data to EasyWebVideo.com, Subscriber grants to EasyWebVideo.com,
its successors and assigns, the worldwide, royalty-free, and nonexclusive
license under Subscriber's copyrights and other rights, if any, in all
material and content displayed in Subscriber's web site to use,
distribute, display, reproduce, and create derivative works from such
material in any and all media, in order to maintain such content on EasyWebVideo.com's
servers during the term of these Terms. Subscriber also authorizes the
downloading and printing of such material, or any portion thereof, by
end-users for their personal use. This license shall terminate upon
Subscriber's cancellation of the Services as set forth in Paragraphs 2.01
and 3.0.
- Transfer of Ownership. EasyWebVideo.com
is not responsible to determine ownership of accounts opened with EasyWebVideo.com
or its affiliates. By accessing EasyWebVideo.com.s system, registering,
or using any of the services provided by EasyWebVideo.com, the
Subscriber, or any other person so accessing, registering or using,
hereby represents and warrants that the information provided in
connection with said registration, including as well information
concerning ownership of accounts, is true,
accurate, and complete in each material detail. Any disputes arising
regarding the ownership of any account registered with EasyWebVideo.com
or any of its affiliates are subject to the terms and conditions of
Section 5.5 of these Terms.
- EasyWebVideo.com will recognize a change of ownership of account(s)
with EasyWebVideo.com or its affiliates only
in the event that at least one of the following occur: i) there is
received by the Abuse Manager (support @ topnetsolutions.net) a
written statement (in a form acceptable to EasyWebVideo.com or
applicable affiliate) containing the notarized signature of the
original owner of the account confirming that ownership of the
account has been transferred to a person (claimant) claiming to own
said account along with a written statement containing the notarized
signature of the claimant confirming that she or he has acquired
said ownership, has read and agrees to be bound by these Terms of
Service; or, ii) EasyWebVideo.com is served with a valid order of a
court, agency, or appropriate internet controlling entity, requiring
EasyWebVideo.com (or affiliate) to transfer such ownership to said
claimant.
- Subscriber acknowledges and accepts that the foregoing policies
and procedures regarding transfer of ownership are the only way that
notice(s) can be given and changes can be effected regarding said
transfer of ownership within EasyWebVideo.com; and, further, that
any other changes made directly by Subscriber or by others within
the online records of EasyWebVideo.com or of its affiliates shall
not be deemed effective to give notice to EasyWebVideo.com or its
affiliates of any changes in said ownership.
- Subscriber acknowledges and accepts that the foregoing policies
and procedures regarding transfer of ownership are the only way that
notice(s) can be given and changes can be effected regarding said
transfer of ownership within EasyWebVideo.com; and, further, that
any other changes made directly by Subscriber or by others within
the online records of EasyWebVideo.com or of its affiliates shall
not be deemed effective to give notice to EasyWebVideo.com or its
affiliates of any changes in said ownership.
- Disputing Account Ownership Disputes
sometimes arise between or among multiple persons claiming ownership of
an account hosted by EasyWebVideo.com or in an associated EasyWebVideo.com
account. EasyWebVideo.com is not obligated to resolve any such disputes.
If multiple persons are claiming ownership of or rights in an account
hosted by EasyWebVideo.com or in an associated EasyWebVideo.com account,
and, in EasyWebVideo.com's sole judgment, there is not certainty as to
the ownership of or rights in said site or account, then EasyWebVideo.com
will, to the extent of its knowledge and ability, notify said persons of
the dispute and demand that said persons promptly, conclusively, and
finally resolve the dispute in a manner which makes clear who the
owner(s) and/or interest holder(s) is/are and in a manner which relieves
EasyWebVideo.com of all liability or obligations concerning the dispute.
If the disputing persons fail so to resolve the dispute within what EasyWebVideo.com,
in its sole judgment, deems to be a reasonable time, then EasyWebVideo.com,
at its option and without any obligation to do so, may, in accordance
with and subject to the laws of the Province of Ontario, file an
interpleader action in a court of competent jurisdiction within the
Province of Ontario for the purpose of allowing the contending persons
to resolve said dispute and to reach certainty regarding ownership of or
rights in said site and/or account. The person or persons conclusively
and finally determined by the interpleader action to be the rightful
owner(s) or interest holder(s) of said site and/or associated account
shall be obligated to reimburse EasyWebVideo.com for all of its expenses
relative to said interpleader action including without limit all its
court costs and reasonable attorney fees. All amounts owed to EasyWebVideo.com
under this section 5.03 shall be deemed due and payable immediately upon
thirty (30) days after judgment or settlement is reached in said
interpleader action. Failure of the rightful owner of said site and/or
associated account to cause EasyWebVideo.com to be timely paid in full
all of said amounts shall be deemed a breach of these Terms, shall
subject the account to immediate termination, and shall entitle EasyWebVideo.com
to a judgment against said rightful owner for all costs and all of EasyWebVideo.com's
expenses relative to said interpleader action including without limit
all of EasyWebVideo.com's court costs and reasonable attorney fees. No
rights enumerated in this section 5.03 shall in any way diminish any
other rights of EasyWebVideo.com enumerated in any other section of
these Terms, or otherwise available to EasyWebVideo.com at law or in
equity.
- PRIVACY POLICY
- Commitment. The
EasyWebVideo.com commitment to our Subscribers' privacy is set forth in
this section. Except as required by law or as otherwise provided herein,
EasyWebVideo.com will take commercially reasonable steps to ensure your
right to privacy. EasyWebVideo.com is committed to developing long
lasting relationships that are built on trust and will never
intentionally violate that trust.
- Encryption. When
Subscriber orders from EasyWebVideo.com, Personal Data Transmissions are
encrypted. When Subscriber orders from EasyWebVideo.com, all of
Subscriber's personal information is protected. EasyWebVideo.com uses
Secure Sockets Layer (SSL), the industry standard, through ClickBank.com for encrypting all
personal information, including name, address and credit card numbers.
- Confidentiality. With
the exception of trusted business affiliates and/or associates who work
on behalf of or in connection with EasyWebVideo.com, subject to specific
confidentiality agreements, EasyWebVideo.com will not provide or sell to
any third party your personal information and will keep all Subscriber
information confidential, subject to the following:
- EasyWebVideo.com will respond to subpoenas, court orders, or other
legal process, and will utilize Subscriber information as necessary
to establish or exercise EasyWebVideo.com's legal rights or defend
against legal claims.
- EasyWebVideo.com will share information to investigate, prevent,
or take action regarding illegal activities, suspected fraud,
situations involving potential threats to the physical safety of any
person, violations or suspected violations of these Terms, or as
otherwise required by law.
- EasyWebVideo.com may transfer information about Subscribers if EasyWebVideo.com
is acquired by or merged with another company, in which event EasyWebVideo.com
will notify Subscriber.
- "UNLIMITED" USAGE POLICIES AND DEFINITIONS
- What
"Unlimited" means. In good faith and subject to these Terms, EasyWebVideo.com
makes every commercially reasonable effort to provide its Subscribers
with all the storage and bandwidth resources needed to power their
videos successfully, as long as the Subscriber's use of the service
complies with these Terms. By not setting limits on key resources, we
are able to provide simple, consistent pricing to our Subscribers. As a
result, a typical Subscriber website may experience periods of great
popularity and resulting increased storage without experiencing any
associated increase in hosting charges.
- What
"Unlimited" DOES NOT mean. EasyWebVideo.com
employs mechanisms to protect its Subscribers and systems from abuse. EasyWebVideo.com's
offering of "unlimited" services is not intended to allow the
actions of a single or few Subscribers to unfairly or adversely impact
the experience of other Subscribers.
EasyWebVideo.com's service is a shared hosting service, which means that
multiple Subscriber videos are hosted from the same server and share
server resources. EasyWebVideo.com's service is designed to meet the
typical needs of small business and home business website Subscribers. It is NOT intended to support the
sustained demand of large enterprises, internationally based businesses,
or non-typical applications better suited to a dedicated server.
EasyWebVideo.com will make every commercially reasonable effort to
provide additional resources to Subscribers who are using their
website(s) consistent with these Terms, including moving Subscribers to
newer and bigger shared servers as necessary, at an increased monthly
cost. However, in order to ensure a consistent and quality experience
for all Subscribers, EasyWebVideo.com does employ automated safeguards to
protect against any one account adversely impacting
the system.
- Unlimited Video Hosting EasyWebVideo.com reserves the right to limit processor
time, bandwidth, or processes, memory, or number of files in cases where
it is necessary to prevent a user from negatively impacting other Subscribers.
- COOKIE POLICY STATEMENT
- General Purposes. EasyWebVideo.com
understands that many of its Subscribers are concerned about
"cookies", which are electronic collections of information
stored on the local computer of a person using the worldwide web and which
are used chiefly by websites to keep track of visitors and registered
users and to relate one computer transaction to a later one. EasyWebVideo.com
provides this Cookie Policy Statement to let you, the Subscriber, know how
EasyWebVideo.com uses this technology. EasyWebVideo.com uses cookies to
help EasyWebVideo.com improve its services, and, most importantly, to
provide EasyWebVideo.com's existing Subscribers with the opportunity for
continued savings and increased convenience.
- Cookies for Improving Our
Web Site. EasyWebVideo.com
uses cookies to inform EasyWebVideo.com of a repeat visit. The cookie does
not tell EasyWebVideo.com who a visitor is, the visitor's name, email
address, or Passwords.
- Cookies for Affiliate Program. EasyWebVideo.com
uses cookies to help monitor the traffic generated from EasyWebVideo.com
banners and logo buttons displayed on affiliated websites. For every new EasyWebVideo.com
Subscriber that is introduced to EasyWebVideo.com through an affiliate, the
affiliate receives a commission.
- Cookies for Subscriber
Account Management. For
EasyWebVideo.com Subscribers, EasyWebVideo.com uses cookies to store user
names for added convenience. As part of our EasyWebVideo.com video hosting
package, EasyWebVideo.com offers password-protected, web-based management
tools. By storing a Subscriber's username in a cookie, the Webmaster will
not have to fill out form fields each time he or she manages the account.
(The cookie does not store Passwords.) EasyWebVideo.com is dedicated to
using the newest technologies in order to simplify our Subscribers'
experience.
- PROHIBITED USES
- Breach of Terms and
Account Termination. The
uses of EasyWebVideo.com Services set forth in this section 9 hereinbelow
are prohibited. The engaging in any prohibited use as set forth herein by
Subscriber or by any affiliate or subscriber of Subscriber ( as determined
in the sole discretion of EasyWebVideo.com) constitutes a material breach
of these Terms and will subject Subscriber's account to immediate
termination without notice.
- Spamming. Spamming,
whether or not it overloads the Services or disrupts service to EasyWebVideo.com's
Subscribers, is prohibited. The term "Spamming" includes, but is
not limited to, the sending of unsolicited bulk and/or commercial messages
over the Internet, maintaining an open SMTP policy, or sending to any
mailing list that is not double opt in. EasyWebVideo.com requires that all
email messages promoting a URL that contains a video hosted by us contain
an automated opt out . We do not allow purchased lists. EasyWebVideo.com's
Subscribers are required to follow all rules in the Can Spam Act (http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm)
as well as our company spam rules. EasyWebVideo.com reserves the right to
determine, in its sole and absolute discretion, whether e-mail recipients
were part of an opt-in email list.
- Prohibited Offerings. No
Subscriber may utilize the Services to provide, sell or offer to sell the
following: controlled substances; illegal drugs and drug contraband;
weapons; pirated materials; instructions on making, assembling or
obtaining illegal goods or weapons to attack others; information used to
violate the copyright(s) of, violate the trademark(s) of or to destroy
others' intellectual property or information; information used to
illegally harm any people or animals; pornography, nudity, sexual
products, programs or services; escort services or other content deemed
adult related.
- Profanity. Profanity
or profane subject matter in the content is prohibited.
- Private Information and
Images. Subscribers
may not post or disclose any personal or private information about or
images of children or any third party without the consent of said party
(or a parent's consent in the case of a minor).
- Violations of
Intellectual Property Rights. Any
violation of any person's or entity's intellectual property rights, rights
of privacy, rights of publicity or other personal rights is prohibited. EasyWebVideo.com
is required by law to remove or block access to content appearing on or
through the Services upon receipt of proper notice of copyright
infringement (see "Copyright Infringement Notice Information"
below).
- Hacking. "Hacking"
and related activities are prohibited. "Hacking" includes, but
is not limited to, the following activities: illegally or without
authorization, accessing computers, accounts or networks, penetrating or
attempting to penetrate security measures, port scans, stealth scans, and
other activities designed to assist in hacking.
- Export Control
Violations. The
exportation of encryption software outside of the United States and/or
violations of United States law relating to the exportation of software is
prohibited. Subscriber may not export or transfer, directly or indirectly,
any regulated product or information to anyone outside the United States
without complying with all applicable statues, codes, ordnances,
regulations, and rules imposed by U.S. federal, state or local law, or by
any other applicable law.
- Child Pornography. The
use of the Services to store, post, display, transmit, advertise or
otherwise make available child pornography is prohibited. EasyWebVideo.com
is required by law to, and will, notify law enforcement agencies when it
becomes aware of the presence of child pornography on, or being
transmitted through, the Services.
- Other Illegal Activities. The
use of the Services to engage in any activity that is determined by EasyWebVideo.com,
in its sole and absolute discretion, to be illegal is prohibited. EasyWebVideo.com
will cooperate fully with appropriate law enforcement agencies in
connection with any and all illegal activities occurring on or through the
Services.
- Obscene, Defamatory,
Abusive or Threatening Language. Use
of the Services to store, post, transmit, display or otherwise make
available obscene, defamatory, harassing, abusive or threatening language
is prohibited.
- Backup Storage. EasyWebVideo.com
offers its Services to host videos, not to store data. Using an account as
an online storage space for archiving electronic files is prohibited.
- Other Activities. Engaging
in any activity that, in EasyWebVideo.com's sole and absolute discretion,
disrupts, interferes with or is harmful to (or threatens to disrupt,
interfere with, or be harmful to) the Services, EasyWebVideo.com's
business, operations, reputation, goodwill, Subscribers and/or Subscriber
relations, or the ability of EasyWebVideo.com's Subscribers to effectively
use the Services is prohibited. Such prohibited activities include making
available any program, product or service that is designed to or could be
used to violate these Terms. In addition, the failure of Subscriber to
cooperate with EasyWebVideo.com in correcting or preventing violations of
these Terms by, or that result from the activity of, a subscriber, patron,
customer, invitee, visitor, or guest of the Subscriber constitutes a
violation of these Terms by Subscriber.
- COPYRIGHT NOTICE INFRINGEMENT INFORMATION
In accordance with the Digital Millennium Copyright Act, EasyWebVideo.com has
adopted a policy that provides for termination of accounts hosted by EasyWebVideo.com
that are found to infringe on copyrights of third parties. If a copyright
holder believes that there has been a violation of his or her copyright on a
video that is hosted by EasyWebVideo.com or an EasyWebVideo.com subsidiary,
and the copyright holder wants EasyWebVideo.com to remove the content or
disable the material in question, EasyWebVideo.com will remove the content or
disable the material if the copyright holder provides us with all of the
following information.
- A signature of a person authorized to act on behalf of the owner of the
exclusive right that is allegedly infringed. Identification of the
copyrighted work that is claimed is being infringed, or, in the case of
claimed infringement of multiple copyrighted works, a representative list
of such works.
- Identification of the material that is claimed to be infringing or is
the subject of infringing activity and that should be removed or access to
which should be disabled, with information reasonably sufficient to permit
us to locate the material.
- Information reasonably sufficient to permit us to contact the person
giving the notification, such as an address and telephone, and, if
available, an electronic mail address at which such person may be
contacted.
- A statement that the person giving the notification has a good faith
belief that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and
under penalty of perjury, that the person giving the notification is
authorized to act on behalf of the owner of the exclusive right that is
allegedly infringed.
- GENERAL
- Promotional Pricing. EasyWebVideo.com
may periodically offer "free" or discounted services or credits
in connection with a promotional offer. Such promotional offers are
honored only in connection with the specific promotional package to which
they apply. In the event a Subscriber downgrades or otherwise changes
his/her/its subscription to a subscription to which a promotional offer
does not apply, Subscriber will forfeit any unused free credits offered
under the promotional packaged and EasyWebVideo.com will charge Subscriber
the prevailing fees for any free credits redeemed by Subscriber under the
promotional package.
- Backups. For
its own operational efficiencies and purposes, EasyWebVideo.com from time
to time backs up data on its servers, but is under no obligation or duty
to Subscriber to do so under these Terms. IT IS SOLELY SUBSCRIBER'S DUTY
AND RESPONSIBILITY TO BACKUP SUBSCRIBER'S FILES AND DATA ON EasyWebVideo.com
SERVERS, AND under no circumstance will EasyWebVideo.com be liable to
anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of
Subscriber FILES AND/or data on any EasyWebVideo.com server.
- Monitoring and
Disclosures. All
activities occurring on, in, and/or via the Services or any account hosted
by EasyWebVideo.com may be monitored, recorded, and examined by any
authorized person, including as well law enforcement. In general, EasyWebVideo.com
does not monitor its Subscribers' websites or activities to determine
whether they are in compliance with these Terms. However, when and if EasyWebVideo.com
becomes aware of any violation of these Terms, EasyWebVideo.com may take
any lawful action, and in the event of illegal activity, will take action,
to stop or correct such violation, including, but not limited to, shutting
down an account, denying access to the Services or to the Internet via EasyWebVideo.com,
and/or removing non-complying information. In addition, EasyWebVideo.com
may take any lawful action against a Subscriber or a subscriber, patron,
customer, invitee, visitor, or guest of such Subscriber because of the
activities of such subscriber, patron, customer, invitee, visitor, or
guest. EasyWebVideo.com reserves the right to take any such action even
though such action may affect other subscribers, patrons, customers,
invitees, visitors, or guests of the Subscriber. EasyWebVideo.com may
disclose any information in its possession, including, without limitation,
information about Subscribers, internet transmissions and website activity
in order to comply with a court order, subpoena, summons, discovery
request, warrant, statute, regulation, governmental request, or other
legal process to protect EasyWebVideo.com or others from harm, and/or to
ensure the proper operation of the Services. EasyWebVideo.com has no
obligation to notify any person, including the Subscriber about whom
information is sought, that EasyWebVideo.com has provided the information.
- Accurate Account
Information. Subscriber
must continually update and keep accurate and current Subscriber's contact
information stored and saved on EasyWebVideo.com in order to avoid
termination of Subscriber's EasyWebVideo.com account(s).
- Duty to Notify EasyWebVideo.com of Breach. If
Subscriber discovers anyone on the EasyWebVideo.com system violating any of
these Terms or notices anything suspicious from the EasyWebVideo.com
network, Subscriber agrees to report the violation or suspicious activity to
support @ topnetsolutions.net for investigation. EasyWebVideo.com reserves
the right to and will immediately terminate any account which EasyWebVideo.com
concludes to be in violation of any of these Terms.
- Reservation of Rights. EasyWebVideo.com
reserves the right to refuse or to cancel service to any prospective
Subscriber or existing Subscriber for any lawful reason at any time during
Subscriber's hosting term with EasyWebVideo.com.
- Severability. These
Terms are binding upon EasyWebVideo.com, all existing and prospective
Subscribers, and upon the assigns, heirs, and successors of each. If any
provision of these Terms is held by any court of competent jurisdiction to
be invalid or otherwise unenforceable, the rest of these Terms shall,
nevertheless, continue to be valid and in full force and effect, to the
extent said remaining Terms are then otherwise consistent with the
original intent of the Terms of Service.
- Governing Law. These
Terms shall be governed by the laws of the Province of Ontario, Canada
without reference to conflict of law principles. The United Nations
Convention on the International Sale of Goods shall not apply and is
hereby expressly excluded. By subscribing to or using any of the Services
of EasyWebVideo.com, Subscriber agrees that all disputes, if any,
involving EasyWebVideo.com shall be subject exclusively to the
jurisdiction of the Provincial and Federal Courts within the Province of
Ontario; provided, further, that all action brought against EasyWebVideo.com
must be brought in Lanark County, Ontario and, if in Federal Court, in
Ottawa, Ontario. Subscriber hereby agrees that it is subject to the in
personam jurisdiction of said courts for all purposes in connection with
these Terms and/or in connection with any claim or dispute involving EasyWebVideo.com.
Subscriber hereby waives any and all objections that it has or might have,
known or unknown, whether under Ontario long arm statute or otherwise, to
the existence of said in personam jurisdiction. Subscriber agrees that it
has no right to and shall not file or otherwise bring a lawsuit against EasyWebVideo.com
outside the Province of Ontario; and, that Subscriber, if involved before
a court in a lawsuit outside of the Province of Ontario, shall be deemed
to support and to stipulate to a motion made by EasyWebVideo.com to
dismiss said lawsuit with respect to EasyWebVideo.com.
- WARRANTY DISCLAIMER - LIMITATIONS - INDEMNIFICATION
- Warranty Disclaimer. YOU,
THE SUBSCRIBER, ACKNOWLEDGE THAT THE SERVICES AND THE SOFTWARE ARE
PROVIDED "AS IS, AS AVAILABLE" WITHOUT ANY WARRANTY OF ANY KIND.
EASYWEBVIDEO.COM HEREBY DISCLAIMS ANY WARRANTY OR CONDITION WITH RESPECT
TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF THE SERVICES AND SOFTWARE,
OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED
FROM OR AVAILABLE THROUGH USE OF THE SERVICES AND SOFTWARE, OR THAT THE
SERVICES AND SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. THE SERVICES AND SOFTWARE MAY CONTAIN ERRORS.
NO ADVICE OR INFORMATION GIVEN BY EASYWEBVIDEO.COM OR EASYWEBVIDEO.COM'S
REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUBSCRIBER SUPPORT
REPRESENTATIVES, SHALL CREATE A WARRANTY. EASYWEBVIDEO.COM DISCLAIMS ALL
WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT
LIMITATION, WARRANTIES OR CONDITIONS OF QUIET ENJOYMENT AND
NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY
OF COMPUTER PROGRAMS AND CONTENT. EASYWEBVIDEO.COM DOES NOT GUARANTEE THAT
USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR
CHOOSING. EASYWEBVIDEO.COM DOES NOT WARRANT THAT THE SERVICES ARE
COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD
PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS
COMPATIBLE WITH ANY SERVICE OR EASYWEBVIDEO.COM IN PARTICULAR.
- Limitations on EasyWebVideo.com's Liability. EASYWEBVIDEO.COM
SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY
REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT SHALL
EASYWEBVIDEO.COM BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, CONVERSION,
COPYRIGHT INFRINGEMENT, TRADEMARK INFRINGEMENT, STRICT LIABILITY OR ANY
OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL,
EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF
USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF
BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT EASYWEBVIDEO.COM HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. EASYWEBVIDEO.COM SHALL
NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR
TECHNOLOGY. EASYWEBVIDEO.COM'S ENTIRE LIABILITY AND SUBSCRIBER'S EXCLUSIVE
REMEDY WITH RESPECT TO ANY USE OF THE SERVICES IS THE CANCELLATION OF
SUBSCRIBER'S ACCOUNT AS SET FORTH HEREIN. IN NO EVENT SHALL EASYWEBVIDEO.COM'S
LIABILITY TO YOU, THE SUBSCRIBER, EXCEED THE GREATER OF ONE DOLLAR ($1.00)
OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU, THE SUBSCRIBER, TO
EASYWEBVIDEO.COM FOR THE PRIOR ONE MONTH PERIOD. NO ACTION, REGARDLESS OF
FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES MAY BE BROUGHT BY
YOU, THE SUBSCRIBER, MORE THAN ONE YEAR AFTER THE EVENT WHICH GAVE RISE TO
THE CAUSE OF ACTION . SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON
LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH
JURISDICTIONS, EASYWEBVIDEO.COM'S LIABILITY SHALL BE LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
- Indemnification of EasyWebVideo.com. You,
the Subscriber, agree to defend, indemnify and hold EasyWebVideo.com, its
affiliates and its sponsors, partners, other co-branders and the respective
directors, officers and employees of each harmless from and against any and
all claims, losses, damages, liabilities and costs (including, without
limitation, reasonable attorneys' fees and court costs) arising out of or
relating to your breach of any of these Terms or use by you or any third
party of the Services, except to the extent the foregoing directly result
from EasyWebVideo.com's own gross negligence or willful misconduct. EasyWebVideo.com
reserves the right, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you, the
Subscriber.
IF YOU, FOR YOURSELF OR ON BEHALF OF ONE OR MORE PERSONS YOU ARE REPRESENTING
WITH RESPECT TO EASYWEBVIDEO.COM SERVICES, DO NOT AGREE TO ANY OF THE
FOREGOING TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF ANY SUCH PERSON(S),
DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES,
AND, IF YOU ARE ALREADY A MEMBER, CANCEL YOUR EASYWEBVIDEO.COM ACCOUNT.
BEGINNING NOW, ANY CONTINUATION BY YOU IN USING THE SERVICES CONSTITUTES FOR
YOU AND THOSE REPRESENTED BY YOU AN EXPRESS AFFIRMATION AND COMMITMENT TO BE
(OR TO CONTINUE TO BE, AS APPLICABLE) LEGALLY BOUND BY AND TO COMPLY WITH ALL
OF THESE TERMS.