You have selected to register for use of the Pro Softnet fogdrive online storage service (the "Service"). The Service is provided to you under the terms and conditions set forth in these Terms and Conditions of Use ("Agreement").
Subject to Pro Softnet's acceptance of Your registration and Your compliance with the terms and conditions of this Agreement, Pro Softnet will provide You with the following service (the "Basic Service"): In Your use of the Service, you are responsible for providing the following: (i) all equipment, such as a computer and modem, necessary to access the World Wide Web; (ii) Your own access to the World Wide Web; and (iii) payment of all telephone or other fees associated with such access. fogdrive provides an extensive range of services. It is possible that one or more of these services may not be available at certain times. Refer to the home page to get current status on the services.
2. Conditions of Use
You are solely responsible for the content of all data You upload/share or receive through the fogdrive service and for all transmissions by You. Your use of the Service is subject to all applicable local, state, national and international laws and regulations. You will: (a) not use the Service for any illegal purposes; (b) not use the Service upload/share, download or view any file, data, image or program that contains: (i) any illegal pictures, materials or information; (ii) any harassing, libelous, abusive, threatening, harmful, vulgar, pornographic, obscene or otherwise objectionable material of any kind or nature; (iii) any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violates any applicable local, state, national or international law or regulation; (iv) any code or material that violates the intellectual property rights of others; (v) any Windows temporary files of any kind (including, without limitation, any *.p or ~*.* files); or (vi) any viruses, worms, "Trojan horses" or any other similar contaminating or destructive features; (c) comply with United States and other applicable law regarding the exportation and re-exportation of any data or other materials from the United States or other jurisdictions through the Service; (d) not use the Service for any spamming, chain letters or other use that may otherwise disrupt the Service or the networks through which You access and use the Service; (e) comply with all regulations, policies and procedures of networks through which You access and use the Service; and (f) fogdrive service should not be used to sell digital content to others. It is not a media for dissemination of digital content for commercial purposes. fogdrive may use automated procedures to detect unacceptable level of usage and the process of detection may vary from time to time, based on misuse detected. fogdrive, an online storage application, maps as a drive on your Windows PC and mounts as a share on your Mac OS X
. fogdrive is not responsible for any business interruptions that may be caused due to this process.
3a. Use of IP Addresses
An IP address is a number that's automatically assigned to your computer whenever you're surfing the Web. fogdrive may collect IP addresses for the purposes of system administration, to audit the use of our site. We can and will use IP addresses to identify a user when we feel it is necessary to enforce compliance with our house rules or terms of service or to protect our service, site, customers, or others. Some services and Emails sent from fogdrive, such as registration related, may display IP addresses along with the message.
3b. Use of Cookies
Some parts of the fogdrive website will use cookies to collect information about visitors' use of the website. This information collected from cookies is used to improve the functionality of the website while navigating across different sections. The personal user is not identifiable from this information.
A cookie is a message that is sent to your browser from a Web server and stored on your computer's hard drive. Most Internet sites use cookies.
3c. Copyright policy
fogdrive respects the intellectual property rights of others and expects our users to do the same. Unauthorized copying, modification, distribution, public display, or public performance of a copyrighted work is an infringement of the copyright holder's rights. You agree to comply with the terms of fogdrive's
Copyright Policy.
4. Content of Stored Data and Files
You are solely responsible for (a) obtaining sufficient rights to the content of all data and files uploaded by You on Pro Softnet's servers and (b) ensuring that such content does not include any of the items listed in paragraph 2(b) above. Pro Softnet normally does not review, inspect, edit or monitor any content, data or files stored by You or any other user of the Service, including, without limitation, for viruses, worms, "Trojan horses" or any other similar contaminating or destructive features. However, if Pro Softnet has suspicion that an individual is uploading/downloading/sharing or distributing any illegal material such as copyrighted content, Pro Softnet reserves the right to treat the case, as it may deem valid. In addition, Pro Softnet may be asked to provide logs as a part of a legal issue in a third party case by a court order or a subpoena, discovery request or other lawful process that may override privacy rules. Pro Softnet reserves the right to refuse, remove or disable access to any data or files uploaded on Pro Softnet's servers with immediate effect that Pro Softnet learns may be illegal, may violate the terms of paragraph 2 above, may violate the rights of any third party or otherwise may be reasonably objectionable.
5. Disclaimer of Warranties
The transmission, sharing, viewing, uploading and downloading of data and files through the World Wide Web is subject to a variety of conditions that make such transmission, storage, viewing and retrieval potentially unreliable. ACCORDINGLY, YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. PRO SOFTNET, ON BEHALF OF ITSELF AND ITS DISTRIBUTORS, ADVERTISERS AND SUPPLIERS, DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO YOUR THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT). THE SERVICE MAY NOT MEET YOUR NEEDS. PRO SOFTNET MAKES NO REPRESENTATION OR WARRANTY: (A) THAT THE SERVICE WILL MEET YOUR NEEDS; (B) THAT ACCESS TO THE SERVICE WILL BE TIMELY, ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE; (C) THAT THE DATA AND FILES YOU UPLOAD/DOWNLOAD USING THE fogdrive SERVICE WILL NOT BE LOST OR DAMAGED; (D) THAT THE DATA ON YOUR DESKTOP OR SERVER WILL NOT BE LOST OR DAMAGED; OR (E) THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ANY MATERIAL OR DATA YOU UPLOAD/DOWNLOAD THROUGH THE USE OF THE SERVICE IS DONE AT YOUR CHOICE AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
6. Limitations of Liability
IN NO EVENT SHALL PRO SOFTNET OR ITS ADVERTISERS OR SUPPLIERS HAVE ANY OBLIGATION OR LIABILITY TO YOU FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR DATA OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE OR PROFITS OR BUSINESS INTERRUPTION) OR OTHER PECUNIARY LOSS ARISING OUT OF YOUR USE OR INABILITY TO USE THE SERVICE OR YOUR LOSS OF DATA OR FILES STORED THEREIN.
7. Indemnification
You will defend, indemnify and hold Pro Softnet, its parents, subsidiaries, affiliates, agents, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of (a) Your use of the Service, (b) any data files and content uploaded/downloaded by You using the fogdrive service and otherwise on the Pro Softnet servers and (c) any violation of this Agreement by You.
8. Termination
Either you or Pro Softnet may terminate this Agreement with or without cause at any time by giving notice of such termination to the other in the manner described in paragraph 9 below. Further, if Pro Softnet believes that You have violated Your obligations under this Agreement, Pro Softnet may, at its option and in addition to its other remedies, immediately and without notice, remove and destroy data and files uploaded by You on Pro Softnet's servers and/or terminate this Agreement. Pro Softnet will not be liable to You or any third party for any suspension or termination of the Service. Should You object to any terms and conditions of this Agreement or any subsequent modifications thereto or become dissatisfied with the Service in any way, Your only recourse is to immediately: (a) discontinue use of the Service; (b) terminate this Agreement; and (c) notify Pro Softnet of such termination. Upon any termination of this Agreement, Pro Softnet will remove your uploaded data files from main storage and archives within a five (5)-day period from termination notice. Paragraphs 5, 6, 7, 8, 9, 10, 11 and 12 of this Agreement (and any other provision that can be reasonably construed to survive termination) will survive termination of this Agreement.
9. Notices
Any notice under this Agreement given by Pro Softnet to You will be deemed to be properly given if sent by email to Your email address. It is important that you maintain a correct working email id and update it if necessary to be able to receive Pro Softnet's communication. Any notice under this Agreement given by You to Pro Softnet will be deemed to be properly given if received by email sent to Pro Softnet's Customer Service at
support@fogdrive.com. User is expected to login online at
http://www.fogdrive.com and provide necessary information.
10. Severability
This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable under applicable law to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of this Agreement.
11. Modifications to this Agreement
The terms and conditions of this Agreement may be changed by Pro Softnet from time to time. Upon any such change, Pro Softnet will notify You of such change in accordance with paragraph 9 above and post an updated version of this Agreement on the Pro Softnet's fogdrive website located at
http://www.fogdrive.com. Your use of any Services after such notification will constitute Your acceptance of such changed terms and conditions.
12. Miscellaneous
Your right to use the Service is personal to You, and You will not assign any of Your rights, obligations or interest in this Agreement. Without limiting the foregoing, this Agreement is binding upon and inures to the benefit of the parties and their respective successors and assigns. Pro Softnet's failure to insist upon or enforce strict performance of any provision or right of this Agreement will not be construed as a waiver of any provision or right. This Agreement will be governed by the laws of the State of California, without regard to its conflict of laws rules. The provisions of the U.N. Convention on Contracts for the International Sale of Goods and any successor treaties will not apply. You consent to the venue and exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, U.S.A., with regard to any claim arising under or otherwise occurring by reason of this Agreement or Your use of the Service. You will commence any claim or cause of action arising under or otherwise occurring by reason of this Agreement within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes any and all prior and contemporaneous understandings and agreements.
The fogdrive application may use certain open source applications that are covered under GNU GPL license. For a copy of GNU GPL license, refer to http://www.linux.org/info/gnu.html. fogdrive uses these open source applications in an interface form with clear separation between the open source applications and the proprietary fogdrive related application. Redistribution and use in source and binary forms of the above described open source elements, with or without modification, are permitted provided that the following conditions are met:
