Terms of Service
1. Vidillion Inc. agrees to supply Features and data transfer (services) in accordance with the terms of this Contract. Customer agrees to receive the services from Vidillion Inc. in accordance with the terms of this Contract.
2. Other Services. Upon request by Customer Vidillion Inc. may, at its option, provide Customer with technical and non-technical support, such as equipment reboots, troubleshooting, DNS and other support ("Other Services"), in connection with Customer's use of the service. If Customer decides to use these services, Customer acknowledges that their use of these services is entirely at their own risk, that our software is beta quality and can and does have problems that affect our service, and that no warranty or service level agreement exists for custom software, beta software, video streaming, or any other service that Customer requests or uses from us.
3. Customer purchased services are purchased monthly and renewed monthly. Services are billed per calendar month, unless you want annual billing. Vidillion Inc. generally waives setup and installation fees, but charges a full month feature fee on any new service in lieu of a setup fee. Service billing will continue thereafter for the term of one (1) month, unless terminated by either party with 15 days notice as permitted by this Contract. This Contract shall automatically renew for all subsequent one (1) month periods unless written notice is provided by either party to the other at least 15 days prior to the expiration date, in which case the Contract will expire on that expiration date. We do not refund monthly payments for features, storage or data transfer. We do not refund balances under any circumstances unless you request and we agree to specific, clear written arrangements before you pay us for features, storage or data transfer.
- Customer will pay Vidillion Inc. any one-time install fees and recurring monthly fees specified in the service table, as well as any charges for other services (on an estimated or actual basis). Upon 30 days or greater written notice prior to the end of the term, Vidillion Inc. may change any feature or usage fees payable under this Contract. Customer will pay all taxes levied against or upon the services stipulated in the service table or otherwise provided by Vidillion Inc. under this Contract (not including taxes based on Vidillion Inc.'s income).
- Vidillion Inc. maintains an amount of bandwidth available for every customer that might start streaming at any minute. We cannot recover internet traffic from people who do not pay us, and we are not interested in collecting money from people who do not pay us. All fees are payable 15 days in advance. All recurring monthly fees will be payable monthly 15 days in advance and may be billed at any time up to the start of the month. Monthly fees for internet traffic and charges for other services, which are not billed as recurring monthly fees, will be payable in advance based on estimated usage, and settled monthly in arrears. There are no exceptions to this, unless you are a Government.
- Production streaming accounts are PRE-PAID. You must always maintain sufficient funds in your account in order to stream video. By using our service, you authorize Vidillion Inc. to bill your credit card to maintain one month of funds based on feature fees and estimated data usage.
- Any payment not made when due will be subject to interest of two percent (2%) per month compounded monthly (equivalent to a yearly interest rate of 26.86%).
- If Customer's traffic usage fails to meet or exceed the amount specified as the minimum commitment in the bandwidth pricing section of the service table of this Contract, Customer will be billed in advance for the amount of the minimum commitment.
- Vidillion Inc. reserves the right to require a refundable security deposit, the amount of which will not exceed the total amount of 3 months recurring charges.
- Accounts will be suspended for non-payment, and customer's ability to stream will not be re-instated until any fees payable have been paid in full, bringing the account balance up to one month's usage estimate. A $100 re-instatement fee must also be paid. Customers may suspend their account (provided they provide 30 days written notice) with us once in any calendar year and pay a $100 re-instatement fee, in addition to one month's advance usage.
5. Service Level Agreement (SLA) and Support
- No service level agreement or warranty is provided for pay as you go video streaming network accounts. We do not back up your video on demand (VOD) files, or any files whatsoever, unless you specifically request and pay us for a specific backup service. You must arrange for and make your own backups of any files.
- No support commitment, guarantee or SLA is provided for pay as you go video streaming network accounts unless you specifically request and pay for a support guarantee. Upon request by Customer Vidillion Inc. may, at its option, provide Customer with technical and non-technical support. This means that you may request support by opening a support ticket to our support email address, and that we may provide support of our own volition, but no part of the CDN service includes support. You may not use third parties to request support from us; third party support requests will result in the termination of your service. Excessive or frivolous support requests, including but not limited to repeated telephone calls and emails, or unsubstantiated, incomplete reports, will result in the termination of your service.
- Vidillion Inc. does not control your implementation of its API or service, or any end user access to networks, and cannot control this access, nor can it warrant that any end user connection to any Vidillion Inc. edge or origin will be fit for any purpose for any length of time. Your use of the VSN service indicates your explicit acknowledgement and acceptance of all inherent risk in using our service.
- Storage Limitations: You acknowledge and agree that Vidillion Inc. may, at its option, reclassify or recategorize any User Content and establish limits concerning User Content, including, without limitation, the maximum number of days that User Content will remain available, the maximum size of any files that may be stored on or uploaded and the maximum disk space that may be allotted to you for the storage of User Content on Vidillion Inc. servers. Vidillion Inc. will have no responsibility or liability for maintaining copies of User Content on our servers, and you are solely responsible for creating back-ups of your User Content.
- We will gratefully receive defect reports related to our software or documentation. Though we certainly intend to fix all reported bugs, we do not guarantee to do so. The software and documentation for Vidillion Inc. are offered AS IS and WITHOUT ANY WARRANTY express or implied, including but not limited to warranty of design, merchantability, or fitness for a particular purpose. In no event shall we be liable for any incidental, indirect, special, or consequential damages resulting from your use of or inability to use the software or documentation, even if we or our representative have been advised of the possibility of such damages. In no event will our total liability to you for all damages, losses, and causes of action, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for the software, exclusive of handling charges, commissions, and currency conversion fees.
6. Termination. Either party may terminate this Contract on 15 days written notice if the other party becomes the subject of any voluntary proceedings under any bankruptcy or insolvency laws, or becomes the subject of any involuntary proceedings under any bankruptcy or insolvency laws which are not dismissed or withdrawn within 60 days after filing. Vidillion Inc. may terminate this Contract on 15 days written notice if the Customer commits a material default. In the event of non-payment, Vidillion Inc. in its sole discretion, has the right to immediately terminate the Contract without notice.
7. Limitation of Liability. The limit of Vidillion Inc.'s liability in contract, tort (including negligence) or by statute or otherwise to customer (or its clients) concerning performance or non-performance in any manner related to this Contract, for any and all claims will not, in the aggregate, exceed the total fees paid by customer to Vidillion Inc. under this Contract in the immediately preceding one month from the date the claim arose. In no event will Vidillion Inc. be liable for any lost profits, special, indirect, consequential, incidental or punitive damages. Customer acknowledges that this limitation of liability and waiver of damages is a material term of this Contract and that Vidillion Inc. would not enter into this Contract in the absence of this waiver.
8. Force Majeure. Neither party will be liable for any delay, interruption or failure in the performance of its obligations if caused by acts of God, war, declared or undeclared, fire, flood, storm, slide, earthquake, or other similar event beyond the control of the party affected ("Force Majeure"). If any Force Majeure occurs, the party claiming the Force Majeure will promptly notify the other. The party claiming the Force Majeure will use commercially reasonable efforts to eliminate or remedy the Force Majeure. This section will not apply to excuse a failure to make any payment when due.
9. Indemnity. Except to the extent of Vidillion Inc.'s gross negligence or willful misconduct, and to the fullest extent permitted by law, Customer hereby agrees to indemnify hold harmless, protect, and defend Vidillion Inc. and its agents, employees, representatives and contractors from and against any and all claims, causes of action, liabilities, losses, costs, damages, whether foreseeable or unforeseeable, arising out of or related to any act, omission or neglect of Customer or Customer's agents, employees, representatives and contractors, or arising from or related to Customer's use of or activities on or about the Customer Space or Premises. The provisions of this section shall survive the termination, cancellation or expiration of this Contract.
Acceptable Use Policy
1. Users may not:
- Utilize the Services to send mass unsolicited e-mail to third parties. Provided, however, that Users may use software programs or services provided by Vidillion Inc. to send unsolicited commercial e-mail so long as the User ensures that such transmissions comply with all applicable state, federal and international regulations, rules and laws, including, without limitation, the U.S. CAN-SPAM Act of 2003.
- Utilize the Services to be involved in the distribution of tools designed for the aiding of Unsolicited Bulk Email.
- Utilize the Services in such a way that User becomes documented on a recognized SPAM abuse list or if the User has previously been denied access from another provider due to acceptable use policy violations.
- Utilize the Services in connection with any illegal activity. Without limiting the general application of this rule, Users may not:
- Utilize the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;
- Utilize the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;
- Utilize the Services to traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law;
- Utilize the Services to export encryption software to points outside the United States in violation of applicable export control laws; or
- Utilize the Services in any manner that violates applicable state, federal and international law.
- Utilize the Services in connection with any tortious or actionable activity. Without limiting the general application of this rule, Users may not:
- Utilize the Services to publish or disseminate information that (A) constitutes slander, libel or defamation, (B) publicizes the personal information or likeness of a person without that person's consent or (C) otherwise violates the privacy rights of any person.
- Utilize the Services to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law.
- Utilize the Services in connection with any other disruptive or abusive activity. Without limiting the general application of this rule, Users may not:
- Utilize the Services to cause denial of service attacks against Vidillion Inc. or other network hosts or internet users or to otherwise degrade or impair the operation of Vidillion Inc.'s servers and facilities or the servers and facilities of other network hosts or internet users;
- Utilize the Services to offer mail services, mail forwarding capabilities, POP accounts or autoresponders other than for the User's own account;
- Utilize the Services to resell access to CGI scripts installed on Vidillion Inc.'s servers;
- Utilize the Services to subvert, or assist others in subverting, the security or integrity of any Vidillion Inc. systems, facilities or equipment;
- Utilize the Services to gain unauthorized access to the computer networks of Vidillion Inc. or any other person;
- Utilize the Services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code;
- Utilize the Services to (A) forge the signature or other identifying mark or code of any other person, (B) impersonate or assume the identity or any other person, or (C) engage in any other activity (including "spoofing") to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous remailers or internet nicknames);
- Utilize the Services to distribute or post any virus, worm, trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services;
- Utilize the Services to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator);
- Utilize the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or spam;
- Utilize the Services to solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or spam;
- Post messages, run scripts or run software programs that consume excessive CPU time or storage space;
- Utilize the Services in any manner that might subject Vidillion Inc. to unfavorable regulatory action, subject Vidillion Inc. to any liability for any reason, or adversely affect Vidillion Inc.'s public image, reputation or goodwill, including, without limitation, sending or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by Vidillion Inc. in its sole discretion; or
- Utilize the Services in any other manner to interrupt or interfere with the internet usage of other persons.
- Disclaimer and Assumption of Risk. Notwithstanding this Policy, Users of the internet (including the Services) make such use at their own risk, acknowledging that there are known and unanticipated risks associated with internet use, some of which could result in physical, emotional or psychological injury or even death, or damage to individuals, to property, or to third parties. Such risks cannot be eliminated without jeopardizing the essential qualities of use of the internet. These risks include, among other things: credit card theft, identity theft, fraud, solicitation, stalking, invasion of privacy, unwanted receipt of offensive or obscene material, trespass to chattels or denial of service attacks. Vidillion Inc. expressly disclaims any obligation to monitor its Customers and other Users with respect to violations of this Policy. Vidillion Inc. has no liability or responsibility for the actions of any of its Customers or other Users or any content any User may post on any web site. Users voluntarily engage in the activity of internet use and bear the risks associated with that activity.
- Reporting Non-Copyright Violations. Vidillion Inc. encourages Users to report violations of this policy by e-mail to: abuse@Vidillion.com, including in any such report the name of the offending domain (for example, xyz.com), the IP address and the type of abuse (for example, spam, illegal acts, harassment, etc.) in the "subject" field of the e-mail.
- Reporting Copyright Violations. Vidillion Inc. complies with the Digital Millennium Copyright Act ("DMCA"). Vidillion Inc. encourages Users to report an alleged copyright infringement involving a user by sending a notice that complies with the DMCA to the email address of the Designated Agent: dmca@Vidillion.com
For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement (for more details on the information required for valid notification, see 17 U.S.C. 512(c)(3).) :
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit Vidillion Inc. to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that the complaining party 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 law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorney?s fees.
- Vidillion Inc. has the right to suspend or terminate any Customer pursuant to any valid DMCA complaint. Furthermore, Vidillion Inc., in its sole discretion, may suspend or terminate, without notice, any User that Vidillion Inc. determines is a repeat copyright infringer.
3. Remedies. If Vidillion Inc. learns of a violation of this Policy, Vidillion Inc. will respond to the applicable Customer and may, in its sole discretion, take any of the following actions, in accordance with the severity and duration of the violation:
- Warning the Customer;
- Suspending the offending Customer from the Services;
- Terminating the offending Customer from the Services;
- Imposing fees or charges on the offending Customer account in accordance with the applicable service contract;
- Removing the offending content; and
- Taking other action in accordance with this Policy, the applicable service contract or applicable law.
4. Reservation of Rights. Vidillion Inc. reserves the right to involve and cooperate with appropriate legal authorities in investigations of claims of illegal activity involving Vidillion Inc.'s Services, Customers and other Users. Vidillion Inc. reserves all other rights to respond to violations of this Policy to the extent of applicable law and in accordance with any applicable contractual obligations. Vidillion Inc. may utilize technical means to monitor communications into, and out of, its network facilities to prevent the introduction of viruses or other hostile code, to prevent intrusions and otherwise to enforce this Policy and each Customer agrees that Vidillion Inc. is authorized to monitor its communications through it's network for such purposes.
5. Indemnification. User(s) will indemnify, defend, and hold harmless Vidillion Inc., its affiliates, subsidiaries, officers, agents and employees from any and all claims, damages or lawsuits of any kind (including reasonable attorney fees) arising out of the User's use of the Services and negligent or illegal acts of User(s), its employees or agents, including, but not limited to, claims, damages or lawsuits arising out the use of those services.
Your acceptance of these terms
By using this Site, you signify your acceptance of this terms of service. If you do not agree to this policy, do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.