Overview
The Backup Service (the "Service") is a paid online service for the backing up of family tree data, available to family site managers ("Site Managers") on MyHeritage and its sister domains (the "Website"). The Service and the Website are owned and operated by MyHeritage Ltd. (hereafter 'we', 'our' or 'us'). 'You' or 'your' means a user of the Service.

The Service is a distinct service not included with Premium or Premium Plus family site subscriptions or Family Tree Builder Premium upgrades. The Service may be purchased by Site Managers, whose site is on any of the subscription plans, including the Basic plan.

Any use of the Service is subject to compliance with the Terms and Conditions listed herein. Please read them carefully, because by using the Service you agree to be bound by them and to enter into an agreement with us (the "Agreement") based on such Terms and Conditions. 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 Website. You agree to be bound to any changes to this agreement if you continue to use the Service after any such modification is posted.

We create additional backups as a precaution against technical failures on the Website and for internal maintenance purposes. These additional backups are saved on our servers and are not part of the Service and are therefore not subject to these Terms and Conditions.Eligibility
The Service is purchased and applied on a particular family site. It then includes and backs up all family trees in that site. Family sites having a family tree with 25 or more individuals are eligible for the Service. This includes family trees published from MyHeritage's Family Tree Builder software ("Family Tree Builder trees"); and family trees created online at the Website or imported as GEDCOM files into the Website ("WEB trees"). Family sites with no family tree are not eligible for the Service. The service does not back up family tree data or photos not located on the Website, such as data found on your personal computer.

Unpublished family tree data, or photos entered only in MyHeritage's Family Tree Builder software and not published, are not backed up by the Service. In order to be covered by the Service, family tree data and photos must be located on a family site on the Website. It is your responsibility to publish Family Tree Builder trees regularly in order to ensure up-to-date backups.

Only site managers are eligible to purchase a Service for their family site and access the backups.Security and Redundancy
Backups created by the Service are stored on Amazon.com, which provides redundant storage. Access to backup up data is protected by your Website password, and backed up family tree files are further protected by a PIN unique to each family site, and access codes unique to each family tree backup that are changed on every access.Liability
The Service is provided to you "as is", and without any warranty of any kind, expressed or implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose, title and non-infringement and satisfactory quality.

We and our third party suppliers make no representations concerning the suitability, reliability or accuracy of the Service for any purpose. In no case will we or our third party providers be liable for any direct, indirect, punitive, special or other damages including, without limitation, lost profits, loss of data or any other damage in contract, tort, equity or any other legal theory, even if advised of the possibility thereof.

We are not liable for data included in the Service. It is your sole responsibility to check the completeness of the data included in the backup. No compensation will be provided for any loss of data, loss of backup, failure to retrieve data, incomplete or missing data or any other discrepancy between the original state of the data and the current state, including but not limited to, as a result of an act by us, any third party or a result of unforeseen circumstances. Notwithstanding the above, our maximum liability for any dissatisfaction related to the service is limited to the amounts paid by you for the Service, which will be refunded in case of problem or dispute. Refunds will be provided on a case by case basis according to request.

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, this limitation may not apply in part to you. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SERVICE.

We reserve the right to discontinue the Service for any particular family site immediately and without warning if abuse or commercial use of the Service is suspected.Limitations
The Service is limited to all family trees and photos on the specific family site for which the Service has been acquired. Service purchased for a specific family site cannot be transferred to another site. The service does not include content in the family site such as comments by other users, Inbox messages, Smart Matches, Charts and Reports or any content other than family tree data, photos, videos and documents.

Service provided for Family Tree Builder trees excludes any photos not published in the family tree. Photos uploaded directly to a family site but not included in the published tree will not be covered by the backups.Cancellation
Backups are kept only while the Service is paid for. If the Service is stopped for any reason, it will keep prior backups intact for a grace period of 30 days and no more. After the 30 day grace period backups cannot be restored. You can download backups into your computer and keep them indefinitely.

If the Service has been canceled for more than 30 days, we reserve the right to delete all content in current and previous backups. This may affect your ability to download and restore family trees and photos from backup links received prior to the cancellation. We cannot guarantee that backups downloaded more than 30 days after cancellation of Service will be complete.Billing
The Service is paid monthly by credit card. Payments are subject to the conditions for payment of our third party billing service BlueSnap, inc. By purchasing the Service you agree to pay a charge monthly, deducted automatically from the supplied credit card, without notification prior to the charge. Payment will continue until a stop request is sent by you. This can be done by clicking the link "Stop the backup service" from the Backup Page on the family site, which is found on the family site in the Family Tree section. In addition, you may stop Service at any time by writing to support@myheritage.com by email or via the support contact forms available on the site.

The Service can be stopped at any time by you or by us at our discretion. If payment is not successfully completed according to the billing schedule, for any reason, the Service will be discontinued and you will be notified of this by email, and on the Backup Page.Exceptions
Deleted account or family site: If a family site or account with an active Service is deleted, which typically occurs following an explicit user request, the Service and its billing will be discontinued at once by us. Notification will be sent to you immediately after cancelation of the Service.

Expired family site subscriptions with an active Service: In the case a family site Premium or PremiumPlus subscription has expired and access to the family site is limited but Service is still in good standing, Service will continue uninterrupted. Full access will be allowed to Service data without hindrance.


General
The Service backs up all the family trees in a particular site separately, and photos, videos and documents in the site, including personal photos.

Trees published from Family Tree Builder trees are backed up using the original project file (.ZED file). All related photos in the project are included in the backup. Photos not published with the family tree are not included in the backup even if they are located on the family site at the Website.
WEB trees created online on the Website, are backed up by exporting them into GEDCOM files every month. All related photos are included in the backup including photos located on the family site but not connected to the family tree. GEDCOM is a standard genealogy data representation format that can be used in the Website or in any other genealogy website or software to recover the family tree and photos and continue working on them.Accessing the backup
Whenever a backup is complete an email notification with a link to download the backup is sent to you automatically. You are solely responsible to download and save the information provided in the link.

In addition, a complete list of backups with links to retrieve them, previous and present, is located on your Backup Page. The list of backups allows you to retrieve a particular backup of any tree from a particular month and use it.

Backups are accessible only to the registered Site Managers of the family site. Regular family site members do not have access to download backups.Schedule
New backups are created once a month. Initial activation of the Service will begin as soon as the first payment is accepted. Subsequent backups will be performed on the same day of the month as the date of activation. In the case Service was activated on the 31st of the month (or the 29th of February) and the same day of the subsequent month is not a valid date, backups will occur on the first day of the next month. When new trees are added to the site, they are backed up on the day they are added even outside the regular backup schedule, providing extra safety to their owners. Subsequently, they will be backed up periodically according to the monthly schedule of the Service.Restoring a backup
Links for retrieving a backup of a specific tree in a specific site are emailed to you and are also available in the Backup Page of your site. The retrieval page describes the family tree backed up and its size, and provides instructions for downloading the backup and using it to restore the tree.Restoring a Family Tree Builder tree
The backup file will have a .ZIP extension and should be downloaded by you to your computer. Then, it should not be opened by running it. Instead, it should be loaded into Family Tree Builder using File>Manage Projects>Import package. If Family Tree Builder is no longer installed on the computer, a version can be downloaded for free from http://www.myheritage.com/ftb. If importing the tree into Family Tree Builder, which already contains another version of that tree (older, newer, or the same), the tree file will be renamed. Importing a backup into Family Tree Builder will not overwrite existing versions of the family tree.Restoring a WEB tree
The backup file will be a GEDCOM file with a .GED extension. It should be downloaded by you to your computer. Any photos in the tree are referenced in the GEDCOM file and will be retrieved from their Amazon.com backup location upon using the file. The GEDCOM can be used by importing the tree back into a family site on the Website or into MyHeritage's Family Tree Builder software. The GEDCOM file can also be opened in software or imported to sites other than ours, however due to the fact that many other sites and software do not support GEDCOM import properly, or do not support importing photos in GEDCOM files, it is not guaranteed that the import will be complete with photos.

If importing the tree into a family site on the Website, which already contains another version of that tree (older, newer, or the same), the tree will be duplicated in the family site. Importing the GEDCOM will not replace any existing tree in a family site. It is your responsibility to delete one of the versions if necessary. The process will also duplicate photos if the photos are still located on the family site.Modifications to this Agreement and the Service
We retain the right, at our sole discretion, to modify this Agreement or the Service at any time. Changes in the Service will be posted on the Website. If any portion of this Agreement or any change of this Agreement or the Service is unacceptable to you or will cause you to no longer be in compliance with the Agreement, you should discontinue use of the Service. Continued use of the Service now or following changes in this Agreement means that you have accepted and are bound by the changes.

This Agreement is governed by the law of the State of Israel. Any legal proceeding in connection with the execution, performance and/or enforcement of this Agreement shall be brought to the courts located in Tel Aviv, Israel.

Official correspondence must be sent via postal mail to:
Customer Support
MyHeritage Ltd.
PO Box 50, Terminal Park, Or Yehuda 6037606, Israel