Terms of Service
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE
This Agreement is between Allmydata Inc., and you ("you" or "Customer"), as an authorized user of Allmydata Services, and governs the terms and conditions of your use of Allmydata Services. This Agreement, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time by Allmydata (collectively, the "Agreement"), constitutes the entire agreement between Allmydata and you regarding Allmydata Services, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement. Notwithstanding the foregoing, your use of any software provided by Allmydata related to the Services shall be pursuant to a separate agreement governing Customers' use of such software. For purposes of this Agreement, "Allmydata Services" or "Services" are defined as any and all services provided by Allmydata to you either now or in the future. By using Allmydata Services, you confirm your acceptance of, and agree to be bound by, this Agreement. You may not use the Services if you do not agree to be bound by these terms.
Definition of Terms
- Allmydata Inc. is referred to herein as "Allmydata," "we," "us," or "our."
- You, as the user, are referred to herein as "you", "user", "subscriber", "client", or "customer."
- The equipment and software owned, leased, used by, or maintained for or by Allmydata are referred to herein as "the Allmydata system" or "system."
- User files, directory structure, and file content are referred to herein as "user files."
- Information stored in and/or gathered by Allmydata's system about the user, user's files, and user's system usage (user's meta-information) are referred to herein as "user data."
Description of Service
Allmydata is in the business of providing Internet-based data storage and backup resources. It is our goal to provide you with the best access possible to data storage resources available through the Internet.
Allmydata offers the Services at its Website www.allmydata.com Individually, the Services are:
* Allmydata Paid
Allmydata Paid is a subscription based services that includes online storage and backup. Allmydata Paid is hereinafter referred to as "Paid" or "Paid Service".
Paid Service Usage; Fair Use Policy
Allmydata Paid service is for personal use only. As a Paid Service Customer, you will receive usage of all the services mentioned above.
YOU AGREE THAT ALLMYDATA RESERVES THE RIGHT IN ITS COMPLETE DISCRETION TO ESTABLISH GENERAL OPERATING PRACTICES TO MAXIMIZE THE OPERATION AND AVAILABILITY OF THE SERVICE FOR THE GREATEST BENEFIT OF ITS USERS. AS PART OF THESE PRACTICES, ALLMYDATA RESERVES THE RIGHT TO MONITOR GENERAL SYSTEM USAGE AND PERFORMANCE TO IDENTIFY EXCESSIVE CONSUMPTION OF NETWORK RESOURCES. YOUR CONSUMPTION OF ALLMYDATA SERVICES MAY BE DEEMED EXCESSIVE IF, WITHIN ANY MONTH, YOUR USAGE GREATLY EXCEEDS THE AVERAGE LEVEL OF MONTHLY USAGE OF ALLMYDATA'S PAID SUBSCRIPTION CUSTOMERS GENERALLY. IN THE EVENT YOU ARE DEEMED TO HAVE VIOLATED THIS POLICY, AN ALLMYDATA REPRESENTATIVE MAY ATTEMPT TO CONTACT YOU TO REACH AGREEMENT ON A REVISED PRICING PLAN WHICH WILL PERMIT YOU TO CONTINUE TO USE THE PAID SUBSCRIPTION ALLMYDATA SERVICE. PLEASE NOTE, INCIDENTS OF VIOLATION OF THIS POLICY HAVE BEEN INFREQUENT AMONG ALLMYDATA USERS; HOWEVER, ALLMYDATA RESERVES THE RIGHT TO TERMINATE OR SUSPEND YOUR ACCOUNT WITHOUT PRIOR NOTICE IN THE EVENT OF A POLICY VIOLATION.
You will have the option to subscribe to additional services that Allmydata offers as described on the Allmydata Website, all subject to the terms of this Agreement or another agreement specific to those additional services.
Registration
To use the Service, you must complete the Allmydata registration process, which is available at https://www.allmydata.com (the "Registration Form"), on your behalf. As part of the registration process for the Service, you agree to: (1) provide certain limited information about you as prompted to do so by the Service (such information to be current, complete and accurate) and (2) maintain and update this information as required to keep it current, complete and accurate. The information requested on original signup shall be referred to as registration data ("Registration Data"). If Allmydata discovers that any of your Registration Data is inaccurate, incomplete or not current, Allmydata may terminate your right to access and receive the service immediately upon notice. Allmydata will evaluate the registration application in good faith and will notify you in a timely manner regarding acceptance or rejection. Allmydata may reject a registration application if it determines in its sole discretion that the user is not an appropriate subscriber or user of the Service. Allmydata reserves the right to refuse the Service to any user who has canceled any number of previous Service accounts. Allmydata need not provide a reason for its rejection. If Allmydata rejects your application, then you may reapply and Allmydata will reconsider the application.
Upon acceptance of this agreement and completion of the registration process you will have opened an account with Allmydata and will become a subscriber to or user of the Allmydata Service.
Non-Transferable Membership
Allmydata grants you a personal, non-exclusive, non-transferable license to use the products and software contained in or made available through the Service (the "Content") solely for your own internal purposes. All rights not expressly granted by Allmydata to you are retained.
Restrictions
You are permitted to store, manipulate, analyze, reformat, print, and display the Content only for your personal use. Unauthorized use of the Service, or the resale of the Services without Allmydata's prior written consent, is expressly prohibited. You shall not copy, license, sell, transfer, transmit, make available, distribute, publish, or assign this license or the Content in any format to any third party.
Third Party Interaction
In your use of the Service, you may enter into correspondence with, purchase goods and/or services, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity and any terms, conditions, warranties or representations associated with such activity are solely between you and the applicable third-party. Allmydata shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.
Links to Third Party Sites
Allmydata does not endorse any sites on the Internet that are linked through the Service. Allmydata is providing these links to you only as a matter of convenience, and in no event shall Allmydata be responsible for any content, products, or other materials on or available from such sites.
User Responsibilities
You are solely responsible for any and all activities that occur under your account and ensuring that you exit or log-off from your account at the end of each session of use. You shall notify Allmydata immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. You shall also use your best efforts to stop immediately any copying or distribution of Content that is known or suspected by you. Allmydata shall not be responsible for any unauthorized access to, or alteration of, your transmissions or data, any material, information or data sent or received, regardless of whether the data is actually received by Allmydata, or any transactions entered into through the Service or failure to abide by this Agreement.
Account Information and Data
Allmydata does not own any data, information or material that you submit to the Service or store in your account ("Data"). Allmydata will not monitor, edit, or disclose any information regarding you or your account, including any Data, without your prior permission except in accordance with this Agreement or our Privacy Policy. Allmydata may access your account, including its Data, to respond to service or technical problems or as stated in this Agreement or our Privacy Policy. You, not Allmydata, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Data and Allmydata shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data.
Payment of Fees
Allmydata offers its Paid Service, as described on the Allmydata website (www.Allmydata.com) and as published within the Service, for monthly or annual fees (the "Fees") which you will pay to Allmydata by authorized credit card. The Fees applicable for the Paid Service are available at www.Allmydata.com and as published within the Service. Allmydata reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you, which may be sent by email. Your authorized credit card will automatically be charged Fees on the day you sign up for the Paid Service, or the expiration of the initial trial period, if any, whichever is later. Thereafter, the Fees will automatically be charged to your authorized credit card, in advance, on the date of the month the Paid Service was initially charged. In the event you cancel the Service, Allmydata will not refund any Fees already paid by you.
Your Allmydata account will be considered delinquent if your credit card company refuses for any reason to pay the amount billed to it and that amount remains unpaid at the beginning of the next accounting cycle. The Paid Service may be suspended, archived or purged from system if account is delinquent for more than one billing cycle.
If you believe Allmydata has billed you incorrectly, you must contact Allmydata no later than 30 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Billing inquiry and support contact information can be found in the Support section of the Paid Service.
Trial Offers, Coupons, Credits and Special Offers
Allmydata reserves the right to discontinue or modify coupons, credits and special promotional offers, if any, at our discretion. The Free Trial offer associated with Allmydata Paid, if any, entitles new, registered subscribers to a one-time free trial usage of the service. Free Trial terms vary by promotional offer. At the end of the trial period You will be automatically subscribed and we will bill your credit card for the fees to the Service plan You selected at registration or to a default Service plan for trial subscribers selected by Allmydata. If You wish to terminate the trial and do not wish to subscribe to a plan, You must cancel before the end of your trial period. For cancellation instructions, log in to your account and click on the Billing Info section of your My Account page.
User Conduct
You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with the Service. In addition, without limitation, you agree not to use the Service to: (a) use information from the Service in connection with sending unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (c) transmit through or post on the Service unlawful, harassing, libelous, abusive, harassing, tortious, defamatory, threatening, harmful, abusive, libelous, invasive of another's privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (d) transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity; (e) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs including but not limited to Trojan horses, worms, time bombs, cancelbots; (f) interfere with or disrupt servers or networks connected to the Service or violate the regulations, policies or procedures of such networks; (g) attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or (h) harass or interfere with another user's use and enjoyment of the Service. Allmydata reserves the right to terminate your account and access to the Service immediately if your use of the Services is found to be in violation of any of the above.
Allmydata has no obligation to monitor the Service and/or Content or any user's use thereof or retain the content of any user session. However, Allmydata reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
Termination
Allmydata, in its sole discretion, may terminate your password, account or use of the Service and remove and discard any Data within the Service if you fail to comply with this Agreement. You may terminate your user account upon notice to Allmydata at any time; however, you will not receive a refund of any portion of your fees paid to Allmydata. Upon termination of an account, your right to use such account and the Service immediately ceases. Allmydata shall have no obligation to maintain any Data stored in your account or to forward any Data to you or any third party after your Service is terminated or canceled.
Proprietary Rights
Except for the licenses granted herein, you have no right, title or interest in or to the Service or any Content. You agree that Allmydata or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to the Service and Content, including, without limitation, text, images, and other multimedia data. Allmydata and/or other Allmydata products and services referenced herein are either trademarks or registered trademarks of Allmydata.
Copyrighted Material
You agree that under no circumstances will you upload and/or share copyrighted materials (for example, copyrighted music or video files) through the Allmydata Service if you do not have the right to do so. Allmydata retains the right to terminate an account that contains copyrighted material that has not been legally obtained. In addition, Allmydata does not permit sharing copy-protected works including copyrighted music or video files.
Indemnification
You shall indemnify and hold Allmydata 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 (including the Content) or breach of this Agreement.
Disclaimer of Warranties
ALLMYDATA MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. ALLMYDATA 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 ALLMYDATA.
Limitation of Liability
IN NO EVENT SHALL ALLMYDATA'S 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 ALLMYDATA 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 ALLMYDATA 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.
Local Laws and Export Control
Allmydata 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. Allmydata 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.
Modification to Terms
Allmydata reserves the right to change the terms and conditions of this Agreement or its policies relating to the Service at any time and shall notify you by posting an updated version of this Agreement on the Service and/or by sending you an email message. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
General
This Agreement will be governed by California law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or causes of action related to this Agreement or in connection with the Service only in the federal and state courts located in Los Angeles, California. No text or information set forth on any other preprinted form or document shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Almydata as a result of this agreement or use of the Service. The failure of Allmydata to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Allmydata in writing. Allmydata has the right to assign any or all of its rights and obligations under this Agreement at any time. This Agreement comprises the entire agreement between you and Allmydata and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
