1. Acceptance of Terms.
provides its Service (as defined below) to you subject to this
Terms of Service agreement ("TOS"). MySiteVideo may update
this TOS from time to time and you can review the most current
version of the TOS at any time at http://www.MySiteVideo.com/terms.
By signing up to use the Service, you signify your binding acceptance
of the TOS and you represent that you are of legal age to form
a binding contract.
2. Description of Service
The "Service" includes (a) the MySiteVideo.com
web site (the Site), (b) the services provided by the Site and
by the API made available via the Site, and (c) all data, text,
images, sounds, video, content, programming and software made
available through the Site or services, or developed via the
MySiteVideo API. Any new features added to or augmenting the Service
are also subject to this TOS.
3. General Conditions
You understand that MySiteVideo uses third party
vendors and hosting partners to provide the necessary hardware,
software, networking, storage, and related technology required
to run the Service.
You must not modify, adapt or hack the Service to falsely imply
that it is associated with MySiteVideo.
You agree not to reproduce, duplicate, copy, sell, resell or
exploit any portion of the Service, use of the Service, or access
to the Service without the express written permission by MySiteVideo.
MySiteVideo reserves the right at any time and from time to time
to modify or discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice. You understand
that the technical processing and transmission of the Service,
including your content, may be transferred unencrypted and involve
(a) transmissions over various networks; and (b) changes to
conform and adapt to technical requirements of connecting networks
If your bandwidth usage significantly exceeds the average bandwidth
usage (as determined solely by MySiteVideo), we reserve the
right to immediately disable your account.
Abuse or excessively frequent requests to the Service may result
in the temporary or permanent suspension of your account. MySiteVideo,
in its sole discretion, will determine abuse or excessive usage.
MySiteVideo will make a reasonable attempt via email to warn the
account owner prior to suspension.
The failure of MySiteVideo to exercise or enforce
any right or provision of the TOS shall not constitute a waiver
of such right or provision. The TOS constitutes the entire agreement
between you and MySiteVideo and govern your use of the Service,
superseding any prior agreements between you and MySiteVideo (including,
but not limited to, any prior versions of TOS).
4. Payment and Refunds
you do not cancel your accout before the end of the 30 day trial
you will automatically be charged for the following months services.
If you cancel your account at any time or fail to pay then all
your data and media will be deleted from our servers 7 days
following the cancellation or payment due date.
Following the 30 day trial you will be billed monthly starting
on the 30th day after your account was initially created.
The Service is billed in advance on a monthly basis and is non-refundable.
There will be no refunds or credits for partial months of service,
upgrade/downgrade refunds, or refunds for months unused with
an open account. In order to treat everyone equally, no exceptions
will be made.
MySiteVideo does not accept any liability for any loss of data
Prices of all Services, including but not limited to monthly
fees to the Service, are subject to change upon 30 days notice
from us. Such notice may be provided at any time.
The account owner will receive an email receipt upon each credit
MySiteVideo does not store your detailed credit card information,
this is kept securely at our hosting gateway, as required by
5. Cancellation and Termination
are solely responsible for properly canceling your account.
The account owner (as defined in the sign-up procedure) can
cancel the account at any time by loging into their Paypal account
and cancelling the recuring payment through the Paypal management
screen. There are no other means of canceling your account.
All of your content will be deleted from the Service upon cancellation.
This information cannot be recovered once your account is cancelled.
If you cancel the Service before the end of your current paid
up month, your cancellation will take effect immediately and
you will not be charged again. MySiteVideo, in its sole discretion,
has the right to suspend or terminate your account and refuse
any and all current or future use of the Service for any reason
at any time. Such termination of the Service will result in
the deactivation or deletion of your account or your access
to your account. MySiteVideo reserves the right to refuse service
to anyone for any reason at any time.
6. Disclaimer of Warranties
By signing up to use this Service, you understand
and agree that your use of the Service is at your sole risk.
The Service is provided on an "as is" and "as
available" basis and to the fullest extent permitted by
law, MySiteVideo expressly disclaims all warranties, express or
implied, in connection with the Service and your use thereof,
including but not limited to the implied warranties of merchantability,
fitness for a particular purpose, accuracy, and non-infringement.
MySiteVideo does not warrant that the Service will meet your specific
requirements, that the Service will be uninterrupted, timely,
secure, or error-free, that the results that may be obtained
from the use of the Service will be accurate or reliable, that
the quality of any products, services, information, or other
material purchased or obtained by you through the Service will
meet your expectations, or that any errors in the Service will
As with the purchase of a product or service,
or installation or download of any application, through any
medium or in any environment, you should use your best judgment
and exercise caution where appropriate. No advice or information,
whether oral or written, obtained by you from MySiteVideo or through
the Service shall create any warranty not expressly stated in
7. Limitation of Liability
You understand and agree that MySiteVideo shall
not be liable to you for any direct, indirect, incidental, special,
consequential or exemplary damages, including without limitation
damages for loss of profits, goodwill, use, data or other intangible
losses (even if MySiteVideo has been advised of the possibility
of such damages), resulting from: (a) the use or the inability
to use the Service; (b) the cost of procurement of substitute
services resulting from any services obtained through or from
the Service; (c) unauthorized access to or alteration of your
transmissions or data; (d) statements or conduct of any third
party on the Service; (e) inaccuracies, mistakes, or errors
of content; (f) personal injury or property damage of any nature
whatsoever resulting from your access to and use of the Service;
(g) any bugs viruses, Trojan horses, or the like, which may
be transmitted to or though the Service by a third party; or
(h) any other matter relating to the Service, whether based
on warranty, contract, tort, or any other legal theory. In the
event this limitation of liability shall be for any reason held
unenforceable or inapplicable, you agree that the aggregate
liability of MySiteVideo shall not exceed an amount corresponding
to your monthly fee.
This TOS and the rights and licenses it grants
or receives may be assigned or transferred by MySiteVideo without