Terms Of Use
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE REGISTERING AND USING MYSAFETYPLACE™.:
You ("you","yours", the user) have selected to register for use of the MySafetyPlace, LLC (the "Company") data storage and retrieval service (the "Service", "MySafetyPlace™"). The Service is provided to you under the terms and conditions between you and the Company as set forth in these Terms of Use (the "Agreement").
1. The Service
Subject to the Company's acceptance of your registration and your compliance with the terms and conditions of this Agreement, MySafetyPlace™ will help you organize and securely store critical data and information that can be accessed from any internet connection. In consideration for your use of the Service, you are responsible for all equipment used by you and necessary to access the Internet and payment of fees payable to the Company for use of the Service and all telephone or other fees associated with such access.
2. Conditions of Use
You are solely responsible for the content of all data you store or retrieve from, or attempt to store or retrieve from, your account and any public folders and for all transmissions by you from and to your account. Your use of the Service is subject to all applicable local, state, federal and international laws and regulations. In addition, without limitation, you agree not to use the Service to: (a) send unsolicited or unauthorized junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) advertise or promote a commercial product or service that is not available through the Company and/or the Service; (c) store or transmit any file containing (i) unlawful, defamatory, threatening, pornographic, abusive, libelous, or otherwise objectionable material of any kind or nature, (ii) any material that encourages conduct that could constitute a criminal offense and/or (iii) any code or material that violates the intellectual property rights or rights to publicity or privacy of others; (d) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, or cancel bots; (e) interfere with or disrupt servers or networks connected to MySafetyPlace™ or violate the regulations, policies or procedures of such networks; (f) access or attempt access to MySafetyPlace™, other accounts, computer systems or networks connected to the Service, through password mining or any other means; (g) harass or interfere with another user's full use and enjoyment of MySafetyPlace™; or (h) cause, in the Company's sole discretion, inordinate burden on the Company's system resources (i.e. bandwidth). If these resources are not sufficient, you may need to arrange a custom file hosting plan by contacting customer service.
The Service should not be used to sell digital content to others. It is not a media for dissemination of digital content for commercial purposes. The Company may use automated procedures to detect unacceptable levels of usage and may immediately and without notice disable offending accounts, and the process of detection may vary from time to time. MySafetyPlace™ is NOT a service for storing and disseminating large amounts of data to large numbers of recipients. MySafetyPlace™ is an online storage and backup service for critical records and documents. The Company is not responsible for any business or personal interruptions or losses.
In order to ensure that the Service is being used by real, active users, if an account holders does not (a) log into the Service again within thirty (30) days of registration, or (b) engage in any activity on the Company's website for any period of 120 consecutive days, their account will be subject to termination. The Company will send you an email describing the situation and informing you that your account will be closed within seven (7) days unless you begin to use the account during that period. At the conclusion of that seven (7) day period, absent any such activity, the Company may close the account as described herein.
Anytime that your account is closed, terminated or otherwise deleted from our system as described from time to time in this Agreement, the contents of your account are digitally "shredded" for security and stored data will be lost and is non-recoverable. The Company shall have no obligation to maintain any data stored in your account or to forward any data to you or any third party. Termination of accounts will also occur upon non-payment of the fees described herein and on the website.
3. Account Information
We do not share or sell your personally identifiable information. The Company's policy regarding the privacy and use of information you provide when you register for the Service is set forth in the Company's privacy policy (the "Privacy Policy"), as the same may be modified and amended by the Company from time to time. When you accept this Agreement, you acknowledge that you also agree to and accept the terms of the Privacy Policy. Please refer to our Privacy Policy for full details.
You agree to promptly update any change in your registration information from time to time. The Company will periodically send you an email to alert you to review your information to make sure we have the correct information for your account. As part of your registration, you authorize a recurring monthly or annual charge to your credit card as payment for use of the Service. The fees for the Service are non-refundable; the applicable fees are available at www.MySafetyPlace.com. The Company reserves the right to change the fees or applicable charges and to institute new fees and/or charges at any time, upon thirty (30) days prior notice to you (which may be sent by email to the address on file with the Company).
The Company will not issue any pro-rated refunds for the remaining period during the subscription when an account with a subscription plan ("current plan") is cancelled or downgraded to a smaller plan ("new plan") (a plan that costs less per month than the current plan) during the middle of a subscription period. However the rate applicable to the new plan will automatically be charged starting the first of the subsequent period, unless cancelled. If the Service is cancelled, all data currently stored will be deleted and no charges will be billed starting the first of the subsequent period after cancellation.
The Company may allow for use of storage space beyond the specified plan limit chosen by the user, at our sole discretion, however the Company shall not be obligated to do so. This is designed to allow for uninterrupted use of the Service, in case the usage exceeds the limits for which you have agreed. Overuse charges will be applied for the overused storage at the rates in effect at the time the overage occurs as specified at www.MySafetyPlace.com. This rate may change without notice. If we are unable to execute overuse charges due to credit card denial or for any other reasons, you will be notified via email. In case of non-action by you, your account may be terminated as contemplated herein.
The Company may collect IP addresses for system administration purposes, to audit the use of our site for security, for continuous improvement of the user experience, to identify a user when we feel it is necessary to enforce compliance with our internal rules or this Agreement, to protect the Service, site, customers, or others, and/or to comply with government orders and/or applicable laws.
4. Password and Secure Access Information
When you register, you will choose a personal, non-transferable password and provide the Company with certain other secure access information. You are responsible for maintaining the confidentiality of your password and secure access information. You are also responsible for all content and information stored, transferred, and received under your username, password and secure access information. If you suspect a person has accessed your account without authorization, it is your responsibility to change your password and secure access information and alert the Company immediately. In addition, you acknowledge that the Company may communicate with you through email. You are responsible for ensuring that the Company has your current email address so that the Company can provide you such communications. You are solely responsible for any consequences arising out of your failure to maintain the confidentiality of your password and/or your secure access information.
5. Data Security
The Company will endeavor to restrict access to the data and files you store or retrieve from your account to persons accessing such data and files through use of your account. However, it may be necessary to access user accounts for support requirements or to comply with a request from law enforcement. It may also be necessary to access user accounts to verify that the accounts are not being misused, especially with respect to digital copyright laws and resource misuse checks, including system resources. It is not possible to access the data inside your account without your password and secure access information.
6. File Content
You are solely responsible for obtaining sufficient rights to the content of all data and files stored by you on the Company's servers and ensuring that such content does not include any of the items prohibited in this Agreement or by law. The Company does not typically 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 the Company has suspicion that an account is being used for storage and distribution of any illegal material or for illegal or unethical purposes, the Company reserves the right to examine the content of the online storage and backup account, including log and debugging information. This information may also be sent to the appropriate law enforcement agencies for investigation at the Company's discretion. The Company reserves the right to refuse, remove or disable access to any account(s), data and/or files stored on the Company's servers. The Company maintains regular backups of data for additional protection. However, you agree to make, maintain and protect your own current backups of any data stored via the Service.
7. Proprietary Rights of the Company
You acknowledge and agree that the Service, content contained in sponsor advertisements or information presented to you through the Service or by advertisers, and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. Except as expressly authorized by the Company or applicable third parties, you agree not to modify, rent, lease, loan, sell, distribute or create any derivative works thereof, in whole or in part. The Company grants you a personal, non-transferable and non-exclusive right and license to use the Service; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Service. You agree not to modify the Service in any manner or form, nor to use modified versions of the Service, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by the Company.
8. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. MYSAFETYPLACE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, INVESTORS, MEMBERS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MYSAFETYPLACE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, INVESTORS, MEMBERS, PARTNERS AND LICENSORS MAKE NO WARRANTY (i) THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, VIRUS-FREE, SECURE OR ERROR-FREE; (iii) THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; (v) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; (vi) THAT THE DATA AND FILES YOU STORE IN YOUR ACCOUNT WILL NOT BE LOST OR DAMAGED OR EXPOSED; (vii) THAT THE DATA ON YOUR DESKTOP OR SERVER WILL NOT BE LOST OR DAMAGED OR EXPOSED; (viii) THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ANY MATERIAL OR DATA YOU STORE AND/OR RETRIEVE THROUGH THE USE OF THE SERVICE IS DONE AT YOUR CHOICE AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOURS OR A THIRD PARTY'S COMPUTER SYSTEM OR CORRUPTION OR LOSS OF DATA THAT RESULTS FROM THE RETRIEVAL OF SUCH MATERIAL OR DATA; OR (ix) WITH RESPECT TO GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH COMPANY'S SITE OR ADVERTISED THROUGH COMPANY'S SITE.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOURS OR A THIRD PARTIES COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE TRANSMISSION, STORAGE, VIEWING AND RETRIEVAL OF DATA FILES THROUGH THE INTERNET IS SUBJECT TO A VARIETY OF CONDITIONS THAT MAKE SUCH TRANSMISSION, STORAGE AND VIEWING POTENTIALLY UNRELIABLE AND INSECURE. YOU SHOULD MAKE YOURSELF AWARE OF THESE RISKS PRIOR TO USING THE SERVICE.
MYSAFETYPLACE IS NOT RESPONSIBLE FOR CIRCUMSTANCES BEYOND ITS CONTROL, INCLUDING WITHOUT LIMITATION ACTIONS OF THIRD PARTIES, FORCE MAJEURE, ACTS OF GOD, NATURAL DISASTERS, OR SIMILAR CIRCUMSTANCES. FURTHER, MYSAFETYPLACE DOES NOT PROVIDE ANY WARRANTIES RESPECTING ITS SERVICES, INCLUDING, BUT NOT LIMITED TO, THE SERVICE, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR SUITABILITY FOR PARTICULAR PURPOSES.
9. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MYSAFETYPLACE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, INVESTORS, MEMBERS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLES, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, (EVEN IF MYSAFETYPLACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR A THIRD PARTY VIS THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) ANY OTHER MATTER RELATING TO THE SERVICE; (vi) ANY LOSS OF DATA, REVENUE OR PROFITS OR BUSINESS/LIFESTYLE INTERRUPTION OR OTHER PECUNIARY LOSS ARISING OUT OF YOUR USE OR INABILITY TO USE YOUR ACCOUNT OR THE SERVICE OR YOUR LOSS OF DATA OR FILES STORED THEREIN.
FURTHER, MYSAFETYPLACE WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD-PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICE. MYSAFETYPLACE SHALL HAVE NO LIABILITY, OBLIGATION OR RESPONSIBILITY FOR ANY SUCH CORRESPONDENCE, PURCHASE OR PROMOTION BETWEEN YOU AND ANY SUCH THIRD-PARTY. SHOULD YOU HAVE ANY PROBLEMS RESULTING FROM YOUR USE OF ANY THIRD PARTY SERVICES, OR SHOULD YOU SUFFER DATA LOSS OR OTHER LOSSES AS A RESULT OF PROBLEMS WITH ANY OF YOUR OTHER SERVICE PROVIDERS OR ANY THIRD-PARTY SERVICES, MYSAFETYPLACE WILL NOT BE RESPONSIBLE UNLESS THE PROBLEM WAS THE DIRECT RESULT OF OUR BREACH.
NOTWITHSTANDING THE DISCLAIMERS AND INDEMNIFICATION SET FORTH IN THIS AGREEMENT, IN THE EVENT THAT MYSAFETYPLACE IS FOUND RESPONSIBLE TO ANY MYSAFETYPLACE™ USER FOR ANY REASON WHATSOEVER, MYSAFETYPLACE'S RESPONSIBILITY SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID BY SUCH USER FOR THE SERVICE OVER THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE MATTER AT ISSUE, AND SHALL NOT INCLUDE PUNITIVE DAMAGES OR CONSEQUENTIAL OR RESULTING DAMAGES OF ANY NATURE.
Some jurisdictions do not allow the limitation or exclusion of incidental, consequential or other types of damages, so some of the above limitations may not apply to you.
10. Indemnification
You hereby agree to defend, indemnify and hold the Company, its parents, subsidiaries, affiliates, agents, officers, members, investors, 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 your account and/or the Service, (b) any data files and/or content stored by you in your account and otherwise on the the Company's servers and/or (c) any violation of this Agreement by you.
11. Termination
Either you or the Company may terminate this Agreement immediately with or without cause at any time by giving notice of such termination to the other in the manner described in paragraph 12 below. Further, notwithstanding anything to the contrary set forth herein, if the Company believes that you have violated your obligations under this Agreement, the Company may, at its option, and in addition to its other remedies, immediately and without notice, suspend your account, remove and destroy data and files stored by you on the Company's servers and/or terminate this Agreement. The Company will not be liable to you or any third party for any suspension or termination of your account or 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 the Company of such termination. Upon any termination of this Agreement, the Company will remove your stored data files from main storage and available archives within five (5) business days from receipt of the termination notice. Paragraphs 2, 8, 9, 10, 11, 12, 13 and 14 of this Agreement (and any other provision that can be reasonably construed to survive termination) will survive termination of this Agreement.
While it is not currently in our plans, we reserve the right to discontinue the Service at any time. If this occurs, notification will be sent to the email address on file for your account three times over a thirty (30) day period to ensure you are able to access and retrieve your important data.
12. Notices
Any notice under this Agreement given by the Company to you will be deemed to be properly given if sent by email to your email address as set forth in your registration information (whether or not it is current), or by a startup screen that starts before your next use of the Service or by written communication mailed by first class U.S. mail to your address on record in the registration information or by a display about the changed information in the Agreement on the index page if the change is generic. It is important that you maintain a current working email id and update it if necessary to be able to receive the Company's communications. Any notice under this Agreement given by you to the Company will be deemed to be properly given if received via US Postal Mail at the contact address on http://www.MySafetyPlace.com, except those that are related to cancellation or termination of the account. You are required to login online at http://www.MySafetyPlace.com, go to 'Manage account', choose 'Cancel account' and provide necessary information for cancellation. Sending an email to support@MySafetyPlace.com for cancellation is not considered as a cancellation notice for security reasons. On successful cancellation of account by the user, or by the Company due to various reasons including non-payment for the services, user data files will be removed within five (5) days from the cancellation date from main storage as well as available archives as further described herein.
13. 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.
14. Miscellaneous
The terms and conditions of this Agreement may be changed by the Company from time to time. You will receive notice of any changes via email and an updated version of this Agreement will be posted on the Company's website located at http://www.MySafetyPlace.com. Your continued use of the Service following your receipt of notice of any changes constitutes your acceptance of such changed terms and conditions. You will not assign any of your rights, obligations or interest in this Agreement or your account. Without limiting the foregoing, this Agreement is binding upon and inures to the benefit of the parties hereto and their respective successors and assigns. The Company'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 San Mateo 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. 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, whether written or oral. This Agreement may only be modified by the Company.
Last updated august 27, 2007
