SwissDisk Terms of Service

SwissDisk is committed to providing a quality product. The following Terms of Service details our commitment when you register for a SwissDisk account. If you have any questions, please email the SwissDisk Support department at support@swissdisk.com.

• Description of Services
• Conditions of Use
• User Accounts & Responsibilities
• Payment of Fees
• Links to Third Party Sites
• Severability
• Proprietary Rights
• Indemnification
• Disclaimer of Warranties
• Limitation of Liability
• Additional Rights
• Local Laws and Export Control
• Modifications to this Agreement
• Miscellaneous

Description of Services

Subject to SwissDisk’s acceptance of your registration and compliance with the Terms of Service of this Agreement, SwissDisk will provide you (the “User”) with the following Service ("Encrypted Online Storage"). It will establish one (1) Encrypted Online Storage in your name on SwissDisk’s servers (the "Account"); (b) SwissDisk will allow you to store 300 megabytes of files (“Data”) in your Account on a trial basis for 30 days if the trial option is chosen, or will allow you to store up to a limit higher than the trial offer depending on the User’s choice among the provided storage options for a monthly subscription fee; and (c) SwissDisk will allow You to retrieve Data from your Account; and (d) In Your use of the Service, you are responsible for providing the following: (i) all equipment, such as a computer and network, necessary to access the World Wide Web; (ii) Your own access to the World Wide Web; and (iii) payment of all telephone, network or other fees associated with such access.

Conditions of Use

SwissDisk grants you a personal, non-exclusive, non-transferable license to use the Service made available by SwissDisk solely for your own individual purposes. You, the User, are permitted to store, manipulate, analyze, reformat, retrieve, print, and display the Data for your personal use only. Unauthorized use of the Service, or the resale of the Service without SwissDisk’s prior written consent, is expressly prohibited. You shall not copy, publish, license, sell, transfer, transmit, make available, distribute, or assign this Service license in any format to any third party. User Accounts cannot be "shared" or used by more than one individual. SwissDisk is NOT a service for storing and disseminating large amounts of data to large number of recipients. All rights not expressly granted by SwissDisk to you are retained.

SwissDisk does not own any Data, information or material that you submit to the Service or store in your Account. You will choose a personal, non-transferable password that is unique to your SwissDisk Account and used to provide the encrypted Service. THIS PASSWORD CAN BE CHANGED BY THE USERA AND IS NOT STORED OR KNOWN TO SWISSDISK AND THUS, LOSS OF YOUR PASSWORD WILL RESULT IN THE LOSS OF YOUR DATA! Due to the Service being encrypted, SwissDisk can not access your Service, including its Data, to respond to service technical problems or as stated in this Agreement. Because of such, SwissDisk, their employees, or their Support Department will never ask for your password. You, not SwissDisk, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Data and SwissDisk shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data.

User Accounts & Responsibilities

A User Account is required to access the Service and may be accessed and used only by the authorized individual who has registered with SwissDisk. To open a User Account, you must complete the registration process forms by providing SwissDisk with current, complete and accurate information. In registering for the Service, you agree to resubmit accurate, current and complete information in the case that it has changed. Should SwissDisk suspect that such information is untrue, inaccurate, not current or incomplete, SwissDisk has the right to suspend or terminate your usage of the Service.

You are also 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 or use. You shall notify SwissDisk immediately of any unauthorized use of your password or Account or any other breach of security that is known or suspected by you. Again, your password cannot be changed, but if needed due to unauthorized use, SwissDisk can assist you in creating a new User Account and Service.

You shall also use your best efforts to stop immediately any copying or distribution of Data that is known or suspected by you. SwissDisk 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 SwissDisk, or any transactions entered into through the Service or failure to abide by this Agreement.

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 to store, retrieve, transmit or view any file, data, image or program that contains: (i) any illegal pictures, materials or information; (ii) any harassing, libelous, abusive, threatening, harmful, pornographic, obscene or otherwise objectionable material of any kind; (iii) any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate 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 viruses, worms, "Trojan horses" or any other similar contaminating or destructive features and code; (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) not access or attempt to access any Service account for which You have no access authorization or duplicate, modify, distribute or display any of the data or files from any such account.

SwissDisk may use automated procedures to detect unacceptable levels of Service activity as defined in this Agreement and may immediately disable offending Accounts. Although the process of detection may vary from time to time, SwissDisk also has no obligation to monitor the Account or Service at all. In the case of the User’s Data, SwissDisk will not and cannot monitor this aspect of the Service. SwissDisk does reserve 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.

Payment of Fees

SwissDisk offers its Service, as described on the SwissDisk website www.swissdisk.com and as published within the Service, for monthly fees (the "Fees") which you will pay to SwissDisk by authorized credit card. The Fees applicable for the Service are available at www.swissdisk.com. SwissDisk 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 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 Service was initially charged. In the event you cancel the Service, SwissDisk will not refund any monthly Fees already paid by you.

Your SwissDisk 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 Service may be suspended, archived or purged from system if account is delinquent for more than one billing cycle. SwissDisk may impose a charge to restore archived data from delinquent accounts. To reactivate a delinquent account, please contact SwissDisk Support department at support@swissdisk.com.

If you believe SwissDisk has billed you incorrectly, you must contact SwissDisk no later than 60 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. Inquiries should be directed to SwissDisk’s Support department support@swissdisk.com.

SwissDisk may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by SwissDisk thirty (30) days after the mailing date of the invoice, or the Service may be terminated. Unpaid invoices are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, plus all expenses of collection.

Please remember that SwissDisk bills you immediately for the extra space you order. You will initially be charged a pro-rated charge for the upgrade based on the number of days left until your regular billing date. Subsequently, you will be billed for all subscription charges on the normal billing date for your account. If you choose to cancel the extra space after your card has been billed for the month, you will not be reimbursed for the days you did not use the extra space. Lastly, all Account changes that require additional or less storage space require the assistance of SwissDisk’s Support department support@swissdisk.com.

Links to Third Party Sites

SwissDisk does not endorse any sites on the Internet that are linked through the Service or it’s website at www.swissdisk.com. SwissDisk is providing these links to you only as a matter of convenience, and in no event shall SwissDisk be responsible for any content, products, or other materials on or available from such sites.

Severability

SwissDisk, in its sole discretion, may terminate your Account or use of the Service and remove and discard any Data that facilitates the Service if you fail to comply with this Agreement. You may terminate your User Account upon notice to SwissDisk at any time; however, you will not receive a refund of any portion of your monthly Fees. Upon termination by SwissDisk or at your direction you right to use such Account and the Service immediately ceases. To avoid the loss of your Data, you must personally remove said Data before your termination of the Account and Service or your Data will be lost. SwissDisk shall have no obligation to maintain any Data stored in your account and due to it’s encrypted status can not forward any Data to you or any third party.

Proprietary Rights

Except for the licenses granted herein, you have no right, title or interest to the Service. You agree that SwissDisk or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to the Service, including, without limitation, text, images, and other multimedia data. SwissDisk and/or other SwissDisk products and services referenced herein are either trademarks or registered trademarks of SwissDisk.

Indemnification

You shall indemnify and hold SwissDisk 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 or breach of this Agreement.

Disclaimer of Warranties

SWISSDISK MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE. SWISSDISK 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 SWISSDISK.

Limitation of Liability

IN NO EVENT SHALL SWISSDISK’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 SWISSDISK 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 SWISSDISK 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

SwissDisk 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. SwissDisk 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.

Modifications to this Agreement

SwissDisk reserves the right to change the Terms of Service 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.

Miscellaneous

SwissDisk, is a member of the Better Business Bureau® BBBOnline® Privacy and Reliability Programs. BBBOnline® is an independent, non-profit organization whose mission is to enable individuals and organizations to establish trusting relationships based on respect for quality service by promoting the use of fair information and business practices. This Terms of Service statement covers the site SwissDisk.com and because we want to demonstrate our commitment to our users’ service experience, we have agreed to disclose our information and business practices reviewed for compliance by BBBOnline®.

If users have questions or concerns regarding this statement and/or service, they should first contact SwissDisk's Customer Support group by e-mail at support@swissdisk.com. If they do not receive acknowledgment of their inquiry or their inquiry is not satisfactorily addressed, they should then contact BBBOnline® through the BBBOnline® Dispute Resolution Process (http://www.bbbonline.org/consumer/complaint.asp/). BBBOnline® will serve as a liaison to resolve all privacy and service concerns.

This Agreement will be governed by Virginia 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 Gloucester, Virginia. No text or information set forth on any other purchase order, preprinted form or document shall add to or vary the Terms of Service 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 SwissDisk as a result of this agreement or use of the Service. The failure of SwissDisk 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 SwissDisk in writing. SwissDisk 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 SwissDisk and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

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