Easy Web Video’s Terms of Use

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 its features, as well as 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 @ easywebvideo.com or via the Helpdesk at support.easywebvideo.com. 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 30-day money back guarantee for new account registrations. Subscriber must direct all cancellation requests to EasyWebVideo.com via email sent to support @ easywebvideo.com or via the Helpdesk at support.easywebvideo.com.
• 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 @ easywebvideo.com 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 @ easywebvideo.com) 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 payment portals 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/Bandwidth. 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 @ easywebvideo.com 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.