2. Changes to FilesAnywhere Service. Officeware Corporation reserves the right to change or discontinue FilesAnywhere at any time, with or without notice. Officeware Corporation shall be in no way liable for any consequence to anyone or anything which results from our decisions regarding continuing, changing, or discontinuing any features of FilesAnywhere. Further, Officeware Corporation shall not be liable for forwarding or retrieving documents.
3. No Liability for Data Stored on FilesAnywhere. FilesAnywhere assumes no liability for any of the data that is stored on the FilesAnywhere service, be it obscene, offensive, illegal, or if it is an infringement of property rights of anyone. Individual users are solely responsible for the file content they upload and store on this service. >
4. Individual Account Security, Privacy, and Personal Use. You agree that you are the only person responsible for the security of your account and FilesAnywhere is not.Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify FilesAnywhere immediately of any unauthorized use of your account or any other breach of security. FilesAnywhere will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by FilesAnywhere or another party due to someone else using your account or password. You may not use anyone else’s account at any time without the permission of the account holder.
5. Grant of License, Non-Transferable Membership. FilesAnywhere grants you a limited license to access and make personal use of FilesAnywhere and not to download (other than page changing) or modify the website or any other products of FilesAnywhere, or any portion of them, except with express written consent of FilesAnywhere. This license does not include any resale or commercial use of FilesAnywhere or its contents; any derivative use of FilesAnywhere or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. FilesAnywhere may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without written consent of FilesAnywhere. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FilesAnywhere without the express written consent of FilesAnywhere. You may not use meta tags or any other "hidden text" utilizing FilesAnywhere names or trademarks without the express written consent of FilesAnywhere. Any unauthorize use terminates the permission or license granted by FilesAnywhere. You are granted a limited, revocable, and nonexclusive right to create a hyperlink the homepage of FilesAnywhere.com so long as the link does not portray FilesAnywhere, or its products or service in a false, misleading, derogatory, or otherwise offensive matter. You may not use any FilesAnywhere logo or other proprietary graphic or trademark as part of the link without express written permission. All rights not expressly granted by FilesAnywhere to you are retained.
6. Term. This Agreement shall commence as of the Effective Date and continue in effect thereafter until superseded or otherwise terminated in accordance with this Agreement (the “Term”). Each of the services ordered shall be provided for the term specified by you in your initial order (the “Initial Term”). After the expiration of the Initial Term, this Agreement will be extended and automatically renew for the same amount of time as the Initial Term until either party terminates in accordance with the provisions set forth in this Agreement. Each extension and automatic renewal shall be deemed a Renewal Term. This Agreement may not be terminated by you during the Initial Term or during a Renewal Term unless such termination is to be effective on the last day of such Initial Term or Renewal Term, as the case may be, such that no extension or automatic renewal will take place. You acknowledge and agree that your commitment to each Initial Term and Renewal Term is an important factor in FilesAnywhere’s decision to agree to the pricing in this Agreement. However, you may terminate the Agreement prior to the end of the applicable Initial Term or Renewal Term if you (i) notify FilesAnywhere before the next billing period of such termination and (ii) pay FilesAnywhere all amounts already paid plus all amounts due under this Agreement through the end of the current Initial Term or Renewal Term, as the case may be, such that 100% of all remaining amounts due for the remainder of such Initial Term or Renewal Term are paid (the “Early Cancellation Fee”). If FilesAnywhere terminates the Agreement for your breach, you shall pay the Early Cancellation Fee in addition to, and not instead of, any other remedies provided elsewhere in this Agreement, or by law, including without limitation FilesAnywhere’s right to seek injunctive relief and to sue for damages. Upon termination of this Agreement, we shall provide you with the information, assistance, and cooperation, as you may reasonably request, to assure an orderly return or transfer of your Materials to you or your designee.
6.a Fees. If you choose to subscribe to a paid Service, you agree to pay the fees ("Fees") as quoted to you when you purchase that Service. We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You are responsible for all charges related to using the purchased Service (for example, data charges and currency exchange settlements).
7. Your Account. You must have a valid, registered user account to access FilesAnywhere. FilesAnywhere may only be accessed and used by those authorized individuals who are registered with FilesAnywhere. Your password may be maintained by you as often as you like, however this password is non-transferable and your account may not be shared for other individuals to use. Upon termination of your membership subscription, by non-payment, cancellation, or suspension of service, this agreement will automatically terminate and the license to use FilesAnywhere under this agreement shall be permanently revoked. You agree to accept responsibility for all activities that occur under your account or password. YOU AGREE THAT YOUR ACCOUNT PASSWORD MUST BE KEPT PRIVATE AND MAY NOT BE USED BY ANY OTHER INDIVIDUAL OR AUTOMATED PROCESS TO ACCESS YOUR ACCOUNT UNLESS THEY ALSO HAVE AN ASSIGNED USER LICENSE OR "SUBACCOUNT" USER LICENSE. THIS INCLUDES ACCESS VIA WEB, FTP, SECURE FTP OR WEBDAV PROTOCOLS. If you are under 18, you may use FilesAnywhere only with involvement of a parent or guardian. FilesAnywhere reserves the right to refuse service, terminate accounts, or remove or edit content in their sole discretion. By registering with FilesAnywhere, you understand that we may send you communications or data regarding FilesAnywhere, including but not limited to (i) notices about your use of FilesAnywhere, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials regarding FilesAnywhere’s products and services, via electronic mail. We give you the opportunity to opt-out of receiving electronic mail from us by following the opt-out instructions provided in the message.
8. Disclaimer of Warranties. FilesAnywhere IS NOT RESPONSIBLE FOR ANY LOSS OF DATA, DUE TO TRANSMISSION ERROR, CLIENT SOFTWARE ERROR, SERVER SOFTWARE ERROR, USER ERROR, OR ANY CAUSE. DUE TO THE NATURE OF THE INTERNET AND THE ONLINE BACKUP SERVICE, IT IS STRONGLY RECOMMENDED THAT YOU PERFORM ROUTINE TESTS OF THE FILE RESTORE FEATURES AND FAMILIARIZE YOURSELF WITH THE COMPLETE OPERATION OF THE BACKUP SOFTWARE BEFORE AN EMERGENCY SITUATION ARISES. You agree that this service comes with no warranty and is "AS IS" and "AS AVAILABLE" only. This service is not intended to be the sole backup location for any data; users are responsible for backing up their own data files to a location other than FilesAnywhere(Setup Daily, Weekly or Monthly scheduled jobs. Synchronize folders between multiple locations, or create automated file transfer jobs. Jobs run automatically as a background service. Simple, wizard-based software is included with the paid Personal plan). You assume all risks associated with accepting a service of this kind. FilesAnywhere expressly disclaims every type of warranty whether express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose and non-infringement. Notwithstanding the foregoing, FilesAnywhere warrants that (i) the web site (and related software, functionality, or license thereto) provided to you shall perform in accordance with its specification other than during Scheduled Maintenance and (ii) it will perform all the services under this Agreement in compliance with applicable laws and regulations.
FilesAnywhere makes no warranty that FilesAnywhere will meet your requirements or that FilesAnywhere will be uninterrupted, timely, secure or error-free. FilesAnywhere takes no responsibility for damage done to your property as a result of using FilesAnywhere software or the system itself. In addition, FilesAnywhere does not make a warranty for any goods that are purchased through the service. Anything that you purchase through the service is a separate agreement between you and the third party and FilesAnywhere shall have nothing to do with it. Further, if anyone who is an employee or agent of FilesAnywhere makes any sort of statement, it shall not be construed as a warranty. If by law it is not allowed because of your jurisdiction's rules for FilesAnywhere to exclude certain warranties then only the exclusions which are disallowed by law do not apply to you.
9. Limitation of Liability. You also agree that FilesAnywhere will not be liable for any special, direct, consequential, indirect, or incidental damages which result from use, cost, errors, security breaches, or anything else related to the use of FilesAnywhere. These excluded damages include, but are not limited to, loss of data, loss of goodwill, loss of profits, loss of savings, loss of use, interruption of business, or other economic loss. FilesAnywhere’s aggregate liability and your exclusive remedy under this agreement, for any claim, whether in contract (including breach of warranty) or tort (including negligence) shall be limited to 100% of the amount paid by you under this agreement. The existence of more than one claim will not enlarge or extend these limits. Some jurisdictions do not allow the limitation of liabilities, so the above limitations may not apply to you.
10. US Laws. When using FilesAnywhere, you agree to follow U.S. laws regarding transmitting data, and not to make illegal use of the FilesAnywhere System or use it for purposes which are illegal. Further, you agree not to use the System for transmitting vulgar, obscene, harmful, libelous, abusive, or unlawful material. You agree not to attempt to gain access to other computer systems. Also, you agree not to interfere with anyone else who is a member of FilesAnywhere in their use and enjoyment of the FilesAnywhere web site or other FilesAnywhere products. You agree to not transmit anything over FilesAnywhere that could cause civil liability against anyone, or break applicable international regulations, international laws, national laws, national regulations, state laws, state regulations, or local laws, or local regulations.
11. Use of Service. In connection with any file Uploads, shared folders, published PictureLinks, emailed file attachments, or FileShare links, you further agree that you will not: (i) submit material to the Service or distribute material from the Service, whether it by via Uploading, GroupShare folders, email file attachments, FileShare links, PictureLinks, or any other feature provided by the Service, that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant to FilesAnywhere all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage FilesAnywhere or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.
In particular, if you are a copyright owner or an agent thereof and believe that any material uploaded by a User or Guest or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") to our Designated Copyright Agent (see 17 U.S.C 512(c)(3) for further detail). Refer to our Copyright Agent page for more information on filing a claim or counterclaim: Notice and Procedure for Making Claims of Copyright Infringement
13. Sole Responsibility for Data, Account Termination. You agree to be solely and completely responsible for all of your transmissions onto and off of your FilesAnywhere, and the contents of those transmissions. FilesAnywhere holds the right to terminate your access to the FilesAnywhere system at any time with or without reason, at FilesAnywhere's sole discretion. If your account is terminated for any reason, you agree you may not have permission to access your files on the FilesAnywhere system and your files will be permanently removed from our servers. FilesAnywhere is not obligated to give you access to any data which you have uploaded or inserted into FilesAnywhere in any way. NO OBLIGATION OF REFUND: You agree that FilesAnywhere is not obligated in any way to refund any portion of monies paid for a subscription service period if the account is terminated for any reason.
14. Data Retention. Standard account data retention period is ninety (90) days following account closure or suspension. FilesAnywhere reserves the right to purge account data before or after this period at its sole discretion. Data may be purged before ninety days if a written, verifiable request is received from the customer.
15. Limitations of Free Accounts. THE FUNCTIONALITY OF ALL FREE ACCOUNTS IS LIMITED. FILESANYWHERE MAKES NO CLAIMS TO THE FUNCTIONALITY OR USABILITY OF FREE ACCOUNTS. A FREE ACCOUNT WILL ENTER THE CANCELLATION STATUS IF NO ACCOUNT ACTIVITY HAS OCCURRED WITHIN THE PAST 60 DAYS. ONCE A FREE ACCOUNT ENTERS A CANCELLATION STATUS, THE ACCOUNT AND ALL OF THE ACCOUNT FILES MAY BE PURGED WITHOUT FURTHER NOTICE. The "1GB Free Account" is offered as a free trial version of the paid Personal Plan. This 1GB Free Account comes with 1GB of remote file storage. A free account in cancellation status may be renewed by logging in and upgrading, within 30 days from the date of cancellation. It may be possible to return to a cancelled account beyond 30 days and upgrade it to a subscription, if it has not yet been purged. There are no charges for the 1GB Free Account unless you choose to upgrade the plan to a paid Personal subscription.
15.a - Limitations of Free Accounts:
Users: 1 user
Storage: 1 GB
Faxing: 10 local per month, 50 pages per fax
Uploads: 2GB per upload through the web interface
FileShare Links: Unlimited
Media Links: Unlimited
Zoho Edit Links: 5 edits per month
15.b - Limitations of Paid Personal Accounts:
Stroage: 80 GB with Signup/200 GB with upgrade
Faxing: 500 local and 100 international per month, 50 pages per fax
FileShare Links: Unlimited
Media Links: Unlimited
Zoho Edit Links: Unlimited
16. Advertisements. FilesAnywhere assumes no liability for anything that is perceived in advertisements in FilesAnywhere, or any actions that are taken or not taken as a result of those advertisements and any contact that you have with the advertisers.
17. Intellectual Property. By registering with this service, you understand and agree that all content created by FilesAnywhere for the FilesAnywhere system, as well as all of FilesAnywhere's software that supports this system, is protected by trademarks, copyright, service marks, or other property rights and laws. Therefore you must have appropriate authorization before reproducing, distributing, copying, or taking and changing any of these contents. Further, your use of the FilesAnywhere system must be in accord and governed by all appropriate state, federal, local, international, and national laws and regulations.
19. Enforcement. If FilesAnywhere fails to act on any of the terms of this document it should not be construed as a waiver of any provision unless FilesAnywhere agrees to any such waiver in writing.
20. Automatic Upgrade for Excess Storage Used. IF THE TOTAL SIZE OF YOUR FILESANYWHERE ACCOUNT EXCEEDS THE CURRENT PLAN SIZE PURCHASED, A NOTICE WILL BE EMAILED TO THE REGISTERED EMAIL REQUESTING THAT ACTION PLEASE BE TAKEN TO CORRECT THE OVERAGE. WITHIN 3 DAYS FROM THIS NOTICE AN UPGRADE MUST BE PERFORMED OR FILES MUST BE DELETED TO BRING THE SPACE USED DOWN TO AT OR BELOW THE MAXIMUM STORAGE PURCHASED (THE CURRENT PLAN SIZE). IF NO ACTION IS TAKEN WITHIN THREE (3) DAYS YOUR ACCOUNT WILL BE AUTOMATICALLY CHARGED FOR THE ADDITIONAL STORAGE SPACE AND YOUR RECURRING PLAN WILL BE UPGRADED TO THE NEXT LARGEST PLAN THAT ACCOMMODATES THIS STORAGE SPACE. FILESANYWHERE IS NOT RESPONSIBLE FOR EMAIL RECEPTION, THEREFORE YOU ARE RESPONSIBLE FOR KEEPING TRACK OF THE SIZE OF YOUR STORAGE USED.
21. Automatic Renewal of Account and Recurring Charges. Unless specifically agreed upon in writing between the Account Holder and FilesAnywhere at the commencement of a subscription term, or unless Account Holder notifies FilesAnywhere via phone or in wrriting of service cancellation with confirmation from a FilesAnywhere representative prior to the conclusion of the term, at the conclusion of any service term, whether monthly, yearly, or otherwise, FilesAnywhere will automatically renew the service for the same term and will charge the Account Holder's Paypal account or credit card on the first day of the renewal term. For all FilesAnywhere Account users paying by Paypal or any credit card, you authorize a recurring monthly or annual charge to your Paypal account or credit card in exchange for the use of the service and remote drive space, according to the selected monthly or annual plan. Your Paypal or credit card statements will keep you informed of account status and you will not receive any further invoices or statements from FilesAnywhere for as long as you are enrolled in the service. The FilesAnywhere service can be discontinued by notifying FilesAnywhere via phone or in writing prior to the next billing period. Charges will appear on statements as FilesAnywhere. If any Paypal account or credit card information is found to be invalid, or if the Paypal account or credit card expires, you will be given 5 days from date of notification to correct the Paypal account or credit card information before the service is suspended. All matters concerning billing can be submitted by email: email@example.com; by fax: (972) 616-6298, by mail: FilesAnywhere Subscription Services, 3301 Airport Freeway, Floor 2 Suite 200, Bedford, TX 76021 ; by Phone: 1 (972) 893-3301 Mon-Fri, 8am-8pm Central Time, or Toll-free: 1-888-661-6565.
22. Payment Terms. If payment is not made on the plan billing date there is a ten (10) day grace period to correct the credit card information on file and post a payment to the account. After the ten (10) day grace period, nonpayment may result in suspension of service and subsequent termination of your service contract.
23. Payment Terms for Corporate Accounts. Any unpaid charges will accrue late fees after 30 days at the rate of 2% of the unpaid balance payable per month, each month. Failure to pay a past due amount is considered a material breach of contract and may result in suspension of service and subsequent termination of your service contract.
24. Residents within the European Union. By using the FilesAnywhere service, residents of the European Union consent to the processing of personal information in the United States.
26. Disputes. Any dispute relating in any way to your visit to FilesAnywhere.com or use of the FilesAnywhere service in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Dallas County, Texas, and you consent to exclusive jurisdiction and venue in such courts. You further agree that any claim, cause or action related to the Service or this Agreement must be filed within one (1) year after such claim arose. The headings used to describe the sections of this Agreement are solely for descriptive purposes. They do not imply or refer to a specific legal description or obligation.
27. Email Communications. By agreeing to the Terms of Service, you are agreeing to receiving email communications from FilesAnywhere.com, which may include account notifications, billing notifications, and promotional notifications.
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Licensed under U.S. Patent No. 6,321,254.