Please read the Terms of Service carefully.

This Agreement is between BackupMyTree LLC. ('BackupMyTree', 'we', 'us', 'our') and you ('you', 'user', or 'customer'), as a user of the BackupMyTree service ('service'), and governs the terms and conditions of your use of the service. If you agree to these terms of service ('terms'), and wish to use the service, please click on the 'Download' button on the Download Application page. Acceptance of the terms will constitute a binding agreement, and supersede all prior agreements between you and BackupMyTree. Your use of any software provided to you by BackupMyTree, related to the service, will be subject to a separate agreement governing the use of such software. Your use of the service is specifically dependent upon your compliance with these terms. If you do not wish to accept the terms, do not click on the 'Download' button on the Download Application page, do not download, and do not install the software provided by BackupMyTree for use with the service. We reserve the right to terminate our service to you, at any time, if you violate these terms.



Definition of Terms

  1. The equipment and software owned, leased, used by, or maintained for or by BackupMyTree are referred to herein as 'the BackupMyTree Servers', 'servers' or 'system.'



Description of Service

 

BackupMyTree provides an Internet-based, family tree backup service.


User Registration and Accounts

 

To use the BackupMyTree service, you need to provide some personal information, such as your name, email address. We protect and use this information as set forth in our Privacy Policy. If you provide BackupMyTree with inaccurate information, we may terminate your right to access the service immediately without notice. BackupMyTree reserves the right to refuse the right to access our service to any user, at our sole discretion. In addition, we reserve the right to close accounts set up for fraudulent purposes. If a user account is closed by BackupMyTree, their trees will not be kept by the service.

Age requirements: You must be at least 13 years of age to use the BackupMyTree service. If you, your parent or guardian, have any concerns please feel free to contact us. By registering for this service you represent to BackupMyTree, that you are 13 years of age or older.

After your registration is approved, BackupMyTree grants you a personal, non-exclusive, non-transferable license to use the products and software contained in or made available through the service solely for your own internal purposes.

When you register as a member you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information required for your use of the service. You are also solely responsible for any and all activities that occur under your account. You shall notify BackupMyTree immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. BackupMyTree does not guarantee the security of any information transmitted to or from the service provided to you.

BackupMyTree will not monitor, edit, or disclose any information regarding you or your account, including any data, without your prior permission except in accordance with these terms.

We may need to access your account for the following reasons:

  • To provide technical support to you
  • To maintain our service to you
  • To follow a court order, complaint, or a lawful request

By registering to the BackupMyTree service, you acknowledge that BackupMyTree or MyHeritage may send you email announcements from time to time relating to your family tree data and the backup service.


Cancellation / Termination

 

You may cancel your free or paid subscription at any time. To do so, please visit Contact Us and send us a message stating that you'd like to terminate your use of the service.

Upon cancellation or termination of an account, BackupMyTree shall have no obligation to maintain any family trees stored in your account or to forward any family trees to you.

BackupMyTree, in its sole discretion, may terminate your use of the service and purge any family trees associated with your user account from our system if you fail to comply with these terms. BackupMyTree does not wish to ever have to immediately purge any customers' family trees and would only do so in extreme cases that require immediate action (such as cases of flagrant copyright violation).


Restrictions on Content

 

You may back up family trees using the BackupMyTree service, in accordance with these terms.

Under these terms, you agree that you will NOT transmit any of the following material to our servers for backup. Family trees that are transmitted to the BackupMyTree Servers shall NOT:

  • Infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.
  • Violate United States law, statute, ordinance or regulation, or any other applicable local, state, national or international law, statute, ordinance or regulation.
  • Contain child pornography. It is a federal crime to buy or sell child pornography as defined in United States Code, Title 18, Chapter 110 - Sexual Exploitation and Other Abuse of Children.
  • Contain any viruses, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information

BackupMyTree is not responsible for, and does not review the content of family trees transmitted to our servers for backup. However, we reserve the right to suspend the service provided to you, and to purge the family trees associated with your user account from our system, if any of the family trees you transmit to our servers violates these terms.


Reasonable Usage Policy

 

BackupMyTree provides you with an unlimited amount of storage for personal use. However, your use of the service is subject to our 'Reasonable Usage Policy'. If, within any month, your storage usage greatly exceeds the average level of monthly usage of users generally, we reserve the right to contact you to ask you to reduce your usage or suspend the service provided to you.


Appropriate Conduct

 

You agree to abide by the terms set forth in this document and all United States laws, statutes, ordinances and regulations in your use of the service. In addition, you agree to abide by any other applicable local, state, national or international law, statute, ordinance or regulation in your use of the service.

You agree not to:

  • Attempt to gain access to, interfere with or disrupt the BackupMyTree Servers or private system areas. You shall not reverse engineer or attempt to reverse engineer any portion of the service, including its software and the communication between its components. BackupMyTree will prosecute those who illegally threaten the system or its services.
  • Make family trees stored on the BackupMyTree Servers available for viewing by the general public, either directly or indirectly, unless it is through authorized methods that are part of our service.
  • Resell the service or any portion of the service. In addition you agree not to use the service we provide to you for advertising or promotion of a commercial product or service that is not available through BackupMyTree.

Intellectual Property

 

BackupMyTree does not and will not ever claim ownership of any your family trees. The full rights of your family trees remains with you at all times.

Copyright, trademark and other laws of both the United States and foreign countries protect the BackupMyTree web site and service. You may not copy or modify the code used to generate web pages on the site. BackupMyTree reserves the right to prosecute any violations of intellectual rights infringement and/or system security issues, to the fullest extent of the law.


Copyrighted Material

 

You are responsible for ensuring that all of the family trees you transmit using our service are your own original work, or the original work of others from whom you have received the rights or authority to enter this Agreement.

If BackupMyTree believes, in its own discretion, that you have used the system to backup copyrighted material, that has not been legally obtained, BackupMyTree may disclose your identity to the proper authorities. In addition, BackupMyTree retains the right to terminate, and purge all of the family trees associated, at it’s own discretion, if an account contains copyrighted family trees or any other copyrighted material that has not been legally obtained.

In accordance with the Digital Millennium Copyright Act ('DMCA'), copyright owners, or persons authorized to act on behalf of owners who believe family trees stored on the BackupMyTree Servers may infringe any exclusive right(s) of the copyright owner should notify BackupMyTree immediately.

Copyright issues must be addressed to BackupMyTree as follows:

Legal Notice
BackupMyTree LLC
1630A 30th Street, #304
Boulder, CO 80301
USA


Local Laws and Export Control

 

BackupMyTree controls and operates this service from its location in the United States of America and is subject to the United States Export Administration Laws and Regulations. BackupMyTree makes no representation that the service is appropriate or available for use in other locations. If you use the service from outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to United States law is prohibited. None of the Content, nor any information acquired through the use of the service, is or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor is or will be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the United States Government for such purposes. You shall comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.


MyHeritage

 

On Sept 20 2011 it was announced that MyHeritage has acquired BackupMyTree. Following this acquisition, as of December 20 2011, the BackupMyTree service will also be subject to the terms and conditions of MyHeritage available here. To the extent there is any difference between the terms of BackupMyTree listed here and those of MyHeritage, the terms of MyHeritage shall prevail.

MyHeritage is the owner and operator of the BackupMyTree service. MyHeritage may at its discretion transfer user accounts and family tree data on the BackupMyTree service to MyHeritage.com from time to time in order to provide users with value-added services, such as Smart Matches™ and Record Matches. Such transfer will not occur without prior notification to each user by email of at least 30 days notice, and a notification email immediately following such transfer. Users may opt out of a transfer by replying to any of those notification emails. If an account is transferred, it will be to a private, password-protected account on MyHeritage.com with special priviliges for BackupMyTree members. BackupMyTree users may delete their trees from MyHeritage, or disable Smart Matches™ at any time.


Amendment of the terms

 

If you do not agree with any provision in these Terms and Conditions, please do not use the Service. We reserve the right to modify any provision hereof from time to time, in our sole discretion, and such modification shall be effective immediately upon its posting on the web site. You agree to be bound to any changes to this Agreement if you continue to use the Service after any such modification is posted.


Applicable Law and Jurisdiction

 

These terms shall be governed by and construed in accordance with the laws of the State of Colorado. Any disputes arising under or in connection with these terms shall be subject to the non-exclusive jurisdiction of the state and federal courts of the State of Colorado.


Time Limitation on Claims

 

Regardless of any statute or law to the contrary, any claim, cause of action, or demand for arbitration against BackupMyTree arising out of or related to these terms or use of the service provided to you by BackupMyTree, must be filed within twelve (12) months of the date upon which you were or should have first been aware of the existence of the grounds for your claim or cause of action.


Arbitration

 

Any dispute between You and BackupMyTree relating to this Agreement, Private Content, Public Content or our services, hardware or software shall be resolved by binding arbitration pursuant to the commercial rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall NOT be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the county of Boulder, Colorado USA, and any judgment on the arbitration award may be entered in any court having jurisdiction thereof.

Legal issues must be addressed to BackupMyTree as follows:

Legal Notice
BackupMyTree LLC
1630A 30th Street, #304
Boulder, CO 80301
USA



Bankruptcy Protection

 

In the event that BackupMyTree is required to dissolve its business due to an impending bankruptcy or otherwise, we shall notify you via email sent to the address you have provided to BackupMyTree for your account. You will have thirty (30) days to find an alternative solution and be given an opportunity to remove any family trees you have stored with our service.


Disclaimer of Warranties

 

BACKUPMYTREE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. BACKUPMYTREE DOES NOT REPRESENT OR WARRANT THAT: (I) THE USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (II) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (IV) ERRORS OR DEFECTS WILL BE CORRECTED, (V) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN 'AS IS' BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY BACKUPMYTREE.



Limitation of Liability

 

You shall indemnify and hold BackupMyTree and its parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with your use of the service breach of this Agreement.

YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY FAMILY TREES, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR FAMILY TREES OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE USE OF THIS SERVICE. IN THE EVENT OF ANY LOSS OR, OR DAMAGE TO A FAMILY TREE THAT HAS BEEN TRANSMITTED TO OUR SERVERS, BACKUPMYTREE SHALL NOT BE LIABLE FOR THE REPLACEMENT OF THAT FAMILY TREE. IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL BACKUPMYTREE BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO YOUR USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, EVEN IF BACKUPMYTREE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.



Additional Rights

 

Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.



Last Updated: 2011-12-08

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WARNING!
This action will delete your stored copy of the file files on the server, and all theirits revision history. You will not be able to download this file these files or any previous version of this file,these files, after the action is completed.


Your filefiles will be uploaded to the server and monitored for changes. This may take a few minutes. Thank you for your patience. The stored copy and all previous versions of your filefiles were deleted from the server. This file These files will no longer be monitored for changes or backed up.

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Note: The password reset link that we send to you will expire after 6 hours OR after you have successfully reset your password, depending on which comes first.