MediaEvent Services GmbH & Co. KG (hereinafter referred to as „MES“) operates a Content Distribution Service for audio/video content that supports common streaming technologies. For this purpose, MES maintains infrastructure consisting of application servers, storage and networking components as well as systems for ensuring uninterrupted operation.
Service description and usage
Customer obtains access to the Service via an Account, which he can use to store audio/video content, typically with the intention of making it available to third parties via the World Wide Web. An Account includes associated storage space, transfer volume, access credentials, as well as online access statistics (updated on a daily basis). Each Account includes a certain amount of included storage space and transfer volume, as per the applicable service plan. Usage of the Account is subject to a service fee, which is billed on a monthly basis unless agreed otherwise. Excess usage (storage or transfer) is billed on a monthly basis according to the agreed service plan.
MES guarantees a service availability of at least 99,9% for 365 days, starting with the beginning of contract term. MES will use commercially reasonable efforts to ensure service availability according to the state-of-the-art. Service availability is monitored and documented in intervals of at least 10 minutes. In the event that service availability, as documented in this manner, falls below the guaranteed threshold of 99,9%, Customer is eligible to receive a service credit amounting to 10% of the monthly service fee, which will be credited in the invoice following the availability issue. This excludes regular maintenance windows (Saturday and Sunday between 22.00 and 6.00 CET).
Personal data and personally identifiable data are stored for security purposes only. The retention periods are aligned in accordance with applicable laws. Data collected for statistical purposes is provided only after it has been anonymized with suitable processes.
Customer shall be fully liable for all content associated with his Account, in particular for content that is used unlawfully. In the event that Customer makes content available unlawfully, MES is authorized to lock the Account with immediate effect. Customer acknowledges his responsibility to safeguard and to provide backups of the stored data. MES is not liable for any loss of data.
Term and Termination
The contractual term commences upon receipt of the Account credentials by Customer. The contract may be canceled at any time with an advance notification of at least two working days (for this purpose, working days are Monday through Friday). Upon cancellation, remaining days until the termination effective date are billed at 1/30th of the monthly service fee, plus excess usage. MES will delete all Account contents and data upon the effective date of the termination. Customer is responsible for retrieving and backing up contents in advance, if required. In the event of a default in payment, MES is authorized to lock the Account and/or to terminate the contractual relationship with immediate effect.