Effective Date: 10/01/2014
Description Of Service
Privacy Data Systems retains all intellectual property rights in and to the Software (including but not limited to any source files, executable versions and images, photographs, animations, video, audio, music, text and “applets”, incorporated into the Software), the Documentation and any copies of the Software or Documentation. Subscriber agrees that no title to the Software or Documentation is transferred to it, and that all rights not expressly granted to Subscriber hereunder are reserved by Privacy Data Systems.
Free Trial and Promotional Offerings
Privacy Data Systems provides a one-time 14-day free trial. If you exceed the storage limitations of the free trial account during the trial period, Privacy Data Systems reserves the right to terminate your trial prior to the specified end date. Your free trial may be converted to a paid subscription at any time during or following the 14 day trial period. Privacy Data Systems reserves the right to revoke use of your free trial at any time, if you are using the trial subscription for illegal or unethical reasons without notice.
Files may be sent, received, and stored by the Service during the 14-day trial, and will remain available for 30 days following the end of the trial period. After thirty (30) days, if user does not convert to a paid subscription, all stored files will be automatically and permanently deleted from Privacy Data Systems’ servers.
Privacy Data Systems offers certain trial and/or promotional pricing from time to time. Privacy Data Systems may revoke, discontinue, or adjust promotional offers at our discretion and without notice.
Modifications to Terms of Service
Modifications to Service
Privacy Data Systems reserves the right to modify or discontinue the Service with or without notice to Subscriber. Privacy Data Systems shall not be liable to Subscriber or any third party should Privacy Data Systems exercise its right to modify or discontinue the Service.
Subscriber Account, Password and Security
Disclaimer Of Warranties
SUBSCRIBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT SUBSCRIBER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Privacy Data Systems LLC, EXPRESSLY DISCLAIMS 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. Privacy Data Systems LLC, MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Privacy Data Systems LLC, MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED, NOR THAT THIS SERVICE OR THE SERVER THAT MAKES THIS SERVICE AVAILABLE ARE FREE FROM ERRORS, DEFECTS, DESIGN FLAWS OR OMISSIONS OR FROM VIRUSES OR OTHER HARMFUL COMPONENTS. SUBSCRIBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT SUBSCRIBER’S OWN DISCRETION AND RISK AND THAT SUBSCRIBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO SUBSCRIBER’S COMPUTER / SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. Privacy Data Systems LLC, MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY SUBSCRIBER FROM Privacy Data Systems LLC, OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation Of Liability
Privacy Data Systems LLC, SHALL NOT BE LIABLE TO YOU, OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED DISCLOSURE OR ACCESS TO OR ALTERATION OR LOSS OF SUBSCRIBER’S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, WHETHER OR NOT Privacy Data Systems LLC, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT, UNDER ANY CIRCUMSTANCES, SHALL Privacy Data Systems LLC’S LIABILITY EXCEED THE LESSER OF (A) ONE HUNDRED U.S. DOLLARS ($100.00) OR (B) THE AGGREGATE AMOUNT OF FEES PAID BY YOU TO Privacy Data Systems AND Privacy Data Systems.COM IN THE PRIOR 12 MONTHS LEADING UP TO THE EVENT GIVING RISE TO ANY SUCH CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
No Resale Or Commercial Use Of The Service
Data Storage And other Limitations
Privacy Data Systems assumes no responsibility for the deletion or failure to store data. Subscriber acknowledges that Privacy Data Systems may establish general practices and limits concerning the use of the Service, including without limitation the maximum number of days that email messages, postings or other content will be retained and/or stored by the Service (eventually transferred to our archival system), the maximum per Subscriber bandwidth, and the maximum size of any email message that may be sent from or received by an account on the Service. Privacy Data Systems may establish additional charges for excessive use of bandwidth and/or storage. Subscriber’s failure to comply with Privacy Data Systems’ general practices may result in additional charges and/or termination of the Service. Subscriber further acknowledges that Privacy Data Systems reserves the right to modify these general practices and limits from time to time in its sole discretion.
Subscriber is solely responsible for the content of its transmissions and the transmissions of its users through the Service. Subscriber’s use of the Service is subject to all applicable local, state, national and international laws and regulations. Subscriber agrees: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; (4) to comply with all regulations, policies and procedures of networks connected to the Service; (5) not to manipulate identifiers, such as email headers, to disguise the origin of any content transmitted to or through Privacy Data Systems’ computer systems; (6) not to relay email from a third party’s mail servers without the permission of that third party; and (7) not to use or cause to be used Privacy Data Systems’ computer systems to facilitate the transmission of unsolicited or unauthorized material – this includes any promotional materials, URLs, “junk mail,” “chain letters,” “pyramid schemes,” or any other form of unauthorized solicitation that you may upload, post, email, transmit, or otherwise make available.
Termination and Refunds
Any stored data in a Subscriber’s “SecureVault”, “Inbox” and “Outbox” should be retrieved by Subscriber preceding the end of the paid subscription term. Upon termination, you may request a file of your uploaded data, which Privacy Data Systems may create for you for an additional fee. After thirty (30) days following termination of “Individual” subscription service, or sixty (60) days following termination of “Corporate” or “Enterprise” subscription service, Privacy Data Systems has no obligation to store uploaded data, and all stored files will be fully and permanently destroyed and removed from Privacy Data Systems servers.
If your subscription is terminated by Privacy Data Systems for any of the reasons above or for lack of payment for services, we may delete stored files on our Servers without further notice.
Proprietary Rights To Content
Subscriber acknowledges and agrees that Privacy Data Systems is the sole and exclusive owner of all right, title and interest in and to all trademarks, copyrights and all other rights in and to all software, computer programs, works of authorship, writings (whether or not copyrightable), inventions (whether or not patentable), discoveries, methods, improvements, processes, ideas, systems, know-how, data, and any other intellectual creations of any nature whatsoever used in the Service. For purposes of clarification, Privacy Data Systems acknowledges and agrees that Subscriber is the sole and exclusive owner of all right, title and interest in and to all of the content of Subscriber’s transmissions and the transmissions of Subscriber’s users through the Service, as well as all data and information stored by Subscriber in its SecureVault during the Service Term (collectively, “Subscriber Content “). The expiration or termination of the Service Term shall not negatively impact such ownership.
Subscriber acknowledges that Confidential Information (as hereinafter defined) is a valuable, special, and unique asset of Privacy Data Systems and agrees that it will not disclose, transfer, or use (or seek to induce others to disclose, transfer, or use) any Confidential Information for any purpose other than disclosure to Subscriber’s authorized employees and agents who are bound to maintain the confidentiality of the Confidential Information. Subscriber shall notify Privacy Data Systems in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. Subscriber shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer, or use. Licensee shall return all originals and copies of materials containing Confidential Information upon termination of this agreement for any reason whatsoever. The term “Confidential Information” means any and all of Privacy Data Systems’ trade secrets, confidential and proprietary information and all other information and data of Privacy Data Systems that is not generally known to the public or other third parties who could derive economic value from its use or disclosure, including, but not limited to, the Software. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
Consent to Jurisdiction
Any action for breach of this agreement shall be brought in the federal or state courts of and for Marion County, State of Indiana, and the parties hereby consent to the personal jurisdiction of such courts.
Special Admonitions for International Use
No Third-Party Beneficiaries