MyNetworkFolders.com Customer Agreement

Last update: February 2, 2010

Please read carefully – This is a binding contract

The following terms and conditions represent a binding agreement between MyNetworkFolders.com and you, the user or if applicable, the company or legal entity that you represent which uses the MyNetworkFolders.com services. All services offered by MyNetworkFolders.com (free or paid) are governed by these terms and conditions.

By checking “I have read and understood the Terms & Conditions mentioned below and agree to abide by them” on this agreement or accepting any modification to this agreement as described in section 1 below, you agree to be bound by its terms and conditions, in order to use the services offered by MyNetworkFolders.com. If you are entering into this agreement on behalf of a legal entity, you must hold the legal authority to bind this legal entity, in which case “you” means such entity. If you disagree with the terms and conditions of this agreement or you do not have the authority to bind the legal entity entering into this agreement, you may not use the services offered by MyNetworkFolders.com and governed by this agreement.

1. Modifications to the agreement

You agree that we may update and/or modify the terms and conditions or any other part of this agreement at any time by posting the revised version of this agreement on the MyNetworkFolders.com web site. For modifications that refer to existing services, the revised terms and conditions shall be effective in 15 days after posting the revised agreement, or if we provide a mechanism for accepting the revised agreement, after you accept them. Modifications that refer to new services are effective immediately upon posting the revised agreement on the MyNetworkFolders.com web site.

2. License to use MyNetworkFolders.com services

Upon your acceptance of this agreement and provided that: (a) payment requirements for the services (as posted and updated by us on the MyNetworkFolders.com web site) are covered, (b) the use of services by you comply with the terms and conditions of this agreement we grant you a limited, non-transferable, right and license, in and under our intellectual property rights, to access and use the Services, solely in accordance with the terms and conditions of this Agreement. Note that this right and license cannot be sub-licensed in any way to a third party.

2.1 Permitted uses of the service

  • You may access MyNetworkFolder.com functionality and services through any user interface we offer provided that you conform to the limitation stated in section 2.2 below and the usage quotas defined by the effective payment terms (e.g. storage used, monthly network traffic if applicable).
  • You may access the service via applications (e.g. stand-alone applications, browser plug-ins, web applications) that use the supported API provided the use conforms to the terms and conditions of this agreement.
  • You may store into MyNetworkFolders.com only data licensed or lawfully obtained by you.

2.2 Limitations and restrictions

  • You may not store data in MyNetworkFolders.com for which you do not have the appropriate rights or which violates or infringes the rights of any third party. Also, you may not store and/or share electronic content/data that may contain, promote or facilitate child pornography or any other illegal activity or any general activity that may be harmful to a third party.
  • You may not interfere or attempt to interfere with the normal operation and functionality of the service in any manner.
  • You are personally responsible for all content stored in the service and any authorized access to this content. You should protect the authentication credentials issued to you for accessing the service via the supported user interfaces as well as the systems interfaces and APIs. Actions taken using your credentials shall be deemed to be actions taken by you.
  • You may not exploit or attempt to exploit the API offered by the service for violating the terms and conditions of this agreement via yours or third party applications that store data in MyNetworkFolders.com

3. Term, Termination and Suspension of Service

3.1 Term of Service

The term of this agreement will commence upon the activation of your account that allows you access to the service. The agreement will remain in effect until terminated by you or us, as described below.

3.2 Termination or suspension of Service

  • You may terminate this agreement for any reason or no reason at all, at your convenience, by providing us notice of termination (e-mail then written notice) or by closing your account for any service for which we provide an account closing mechanism.
  • Immediately upon receiving a confirmed abuse / infringement report (related to section 2.2 above) we may suspend your right and license to use the service or the offending data, or even terminate this agreement in its entirety.
  • Successful or unsuccessful attempts to disrupt the operation or functionality of the service (see section 2.2 above) from your account may also result in immediate suspension of your right and license to use the service or termination of the agreement in its entirety.
  • Failure to provide the required payment will result in immediate suspension of your right and license to use the service, followed by termination of the agreement after thirty (30) days of not providing the appropriate payment.

3.3 Data Preservation

In the event of termination of service due to failure to provide payment, we will not take any action to intentionally erase any of your data stored on MyNetworkFolders.com for a period of thirty (30) days after the effective date of termination. Upon payment in full of all amounts due to us you will be allowed to retrieve the data stored on MyNetworkFolders.com via the normal use of the service.

In case of service termination due to any other reason (as stated in section 3.2 above), we shall have no obligation to continue to store your data during any period following the suspension or termination, or to permit you to retrieve them.

4. Service unavailability – Downtime

In addition to our rights to terminate or suspend Services to you as described in section 3 above, you acknowledge that: (i) your access to and use of the Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the services for any reason, including as a result of power outages, system failures or other interruptions; and (ii) we shall also be entitled, without any liability to you, to suspend access to any portion or all of the Services at any time: (a) for scheduled downtime to permit us to conduct maintenance or make modifications to any Service; (b) in the event of a denial of service attack or other attack on the Service or other event that we determine, in our sole discretion, may create a risk to the applicable Service, to you or to any of our other customers if the Service were not suspended; or (c) in the event that we determine that any Service is prohibited by law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons. In such cases we shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any service suspension. To the extent we are able, we will endeavor to provide you email notice of any service suspension and to post updates on the MyNetworkFolders.com web site regarding resumption of service following any such suspension, but shall have no liability for the manner in which we may do so or if we fail to do so.

5. Security

We strive to keep your data secure, but cannot guarantee that we will be successful at doing so, given the nature of the Internet. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of your data stored in MyNetworkFolders.com. Protect your authentication credentials in order to avoid unauthorized access to your data. We strongly recommend applying strong encryption to all sensitive data stored in our service.

6. Payment and Fees

You agree to pay applicable fees for paid services in the amounts set forth on the respective service detail pages on the MyNetworkFolders.com web site. We may specify the manner in which you will pay any fees, and any such payment shall be subject to our general accounts receivable policies from time to time in effect. All amounts payable by you under this agreement will be made without setoff or counterclaim and without deduction or withholding. If any deduction or withholding is required by applicable law, you shall notify us and shall pay such additional amounts to us as necessary to ensure that the net amount that we receive, after such deduction and withholding, equals the amount we would have received if no such deduction or withholding had been required. Additionally, you shall provide us with documentation that the withholding and deducted amounts have been paid to the relevant taxing authority.

7. Confidentiality

We shall not disclose customer information to third parties or allow access to user data to unauthorized users. However, you are solely responsible for allowing access to your data through the service “sharing” mechanism.

8. Notices

  • Except as otherwise set forth herein, notices made by us to you that affect our customers generally will be posted on the service web site. Notices made by us under this agreement for you or your account specifically will be sent to you via the email address provided to us in your registration or in accordance with standard account information update procedures we may provide from time to time. It is your responsibility to keep your email address current and you will be deemed to have received any email sent to any such email address, upon our sending of the email, whether or not you actually receive the email.
  • For notices made by you to us under this agreement and for questions regarding this agreement or the service, you may contact MyNetworkFolders in the following e-mail address: support (at) mynetworkfolders.com
  • All communications and notices shall be in the English language.

9. Limitations of Liability

NEITHER WE NOR ANY OF OUR LICENSORS SHALL 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 LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; OR (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT. IN ANY CASE, OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO US HEREUNDER FOR THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.