Fwd:Vault

Home | How it works | Contact us | Plans & Pricing
| Create Account

Fwd:Vault Terms of Service

These Terms of Service govern your access to and use of Fwd:Vault's website (the "Site"), any information, text, graphics, or other materials created and/or provided by Fwd:Vault and appearing on the Site (the "Content"), Files (as defined below) and any services and/or software provided through the Site or by Fwd:Vault (the "Service"). These Terms of Service (the "Agreement") limit Fwd:Vault's liability and obligations to you, grant Fwd:Vault certain rights and allow Fwd:Vault to change, suspend or terminate your access to and use of the Site, Content, Files and Service. Your access to and use of the Site, Content, Files and/or Service are expressly conditioned on your compliance with these Terms of Service. By accessing or using the Site, Content, Files and/or Service you agree to be bound by these Terms of Service.

YOU UNDERSTAND THAT BY USING THE SITE, CONTENT, FILES AND/OR SERVICE OR YOUR ACCOUNT YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE, CONTENT, FILES OR SERVICE. IF YOU AGREE TO THESE TERMS OF SERVICE ON BEHALF OF A BUSINESS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT BUSINESS TO THESE TERMS OF SERVICE AND YOUR AGREEMENT TO THESE TERMS WILL BE TREATED AS THE AGREEMENT OF THE BUSINESS. IN THAT EVENT, "YOU " AND "YOUR" WILL REFER AND APPLY TO THAT BUSINESS.

Fwd:Vault reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

You can review the most current version of the Terms of Service at any time at http://fwdvault.com/terms.

Files and Folders

"Your Files" or "User Files" (collectively, the "Files") as used in this Agreement means the information contained in the files and email messages that you or other users upload, download, and access through the Site and Service. You are the owner of Your Files and are solely responsible for your conduct and the content of Your Files, as well as any of the content contained in your communications with other Fwd:Vault users, including but not limited to User Posts (as defined below).

Fwd:Vault does not claim any ownership rights in Your Files. You acknowledge that Fwd:Vault does not have any obligation to monitor the Files or User Posts that are uploaded, posted, submitted, linked to or otherwise transmitted using the Site or Service, for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the Files or anything said, depicted or written by users in their User Posts, including without limitation, any information obtained by using the Site or Service. Fwd:Vault does not endorse anything contained in the Files or User Posts or any opinion, recommendation or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Fwd:Vault with respect thereto.

You acknowledge and agree that you should not rely on the Site, Content, Files and Service for any reason. You further acknowledge and agree that you are solely responsible for maintaining and protecting all data and information that is stored, retrieved or otherwise processed by the Site, Content, Files or Service. Without limiting the foregoing, you will be responsible for all costs and expenses that you or others may incur with respect to backing up, and restoring and/or recreating any data and information that is lost or corrupted as a result of your use of the Site, Content, Files and/or Service.

Your Use of the Service

Fwd:Vault grants you a limited, nonexclusive, nontransferable, revocable license to use the Site, Content, Files and Service subject to the restrictions set forth in these Terms of Service.

Payment, Refunds, Upgrading and Downgrading Terms

  1. A valid credit card is required for paying accounts. Free trial accounts are not required to provide a credit card number.
  2. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
  3. Your account will be billed immediately at the time you sign up, so you are paying in advance for service. Billing will occur every 30 days based on your original signup data. So if you signed up on August 15, the next billing will occur on September 15.
  4. Cancelling your account will occur immediately, stored data will be permanently deleted and your account closed. This information cannot be recovered once your account is cancelled. Documents will not be returned if the account is cancelled.
  5. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
  6. For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
  7. Downgrading your Service may cause the loss of Files, features, or capacity of your Account. Fwd:Vault does not accept any liability for such loss.

Cancellation and Termination

  1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Account link in the global navigation bar at the top of the screen. The Account screen provides a simple no questions asked cancellation link.
  2. All of your Files will be immediately deleted from the Service upon cancellation. This information can not be recovered once your account is cancelled.
  3. If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
  4. If you violate any of these Terms of Service, your permission to use the Site, Content, Files and Service will automatically terminate. Fwd:Vault reserves the right to revoke your access to and use of the Site, Content, Files and Service at any time, with or without cause, and with or without notice. Fwd:Vault also reserves the right to cease providing or to change the Site, Content, Files or Service at any time and without notice.
  5. Fwd:Vault, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Fwd:Vault service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Files in your Account. Fwd:Vault reserves the right to refuse service to anyone for any reason at any time.

Modifications to the Service and Prices

  1. Fwd:Vault reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
  2. Prices of all Service, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Fwd:Vault Site (fwdvault.com) or the Service itself.
  3. Fwd:Vault shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Privacy

See Fwd:Vault's Privacy Policy at http://fwdvault.com/privacy for information and notices concerning Fwd:Vault's collection and use of your personal information.

Copyright and Files Ownership

  1. All Files must comply with U.S. copyright law. Please review our copyright compliance policy.
  2. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Files.
  3. Fwd:Vault does not pre-screen Files, but Fwd:Vault and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Files that is available via the Service.
  4. The look and feel of the Site, Content, and Service is copyright © 2008-2012 Fwd:Vault. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Fwd:Vault.

Account Security

You are responsible for safeguarding the password that you use to access the Site, Content, Files and Service. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Fwd:Vault of any unauthorized use of your password. You acknowledge that if you wish to protect your transmission of data and/or files to Fwd:Vault, it is your responsibility to use a secure encrypted connection to communicate with and/or utilize the Site, Files and Service.

Fwd:Vault Property and Feedback

All right, title, and interest in and to the Site, Content, and Service are and will remain the exclusive property of Fwd:Vault and its licensors, including all Intellectual Property Rights (as defined below) therein, even if Fwd:Vault incorporates any of your Feedback (as defined below) into subsequent versions. The Site, Content, and Service are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Service, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Site, Content, or Service. You may not copy or modify the HTML or other code used to generate web pages on the Site.

All feedback, comments, and suggestions for improvements (the "Feedback") that you provide to Fwd:Vault, in any form, and any contributions you make to the Site by posting content and communicating with other Fwd:Vault users via posts to forums or blog comments on the site ("User Posts") will be the sole and exclusive property of Fwd:Vault. You hereby irrevocably transfer and assign to Fwd:Vault and agree to irrevocably assign and transfer to Fwd:Vault all of your right, title, and interest in and to all of your Feedback and User Posts, including all worldwide patent rights (including patent applications and disclosures), copyright rights, trade secret rights, and other intellectual property rights (collectively, the "Intellectual Property Rights") therein. At Fwd:Vault's request and expense, you will execute documents and take such further acts as Fwd:Vault may reasonably request to assist Fwd:Vault in acquiring, perfecting and maintaining its Intellectual Property Rights and other legal protections for your Feedback and User Posts. You will not earn or acquire any rights or licenses in the Site, Content, and Service or in any Fwd:Vault Intellectual Property Rights on account of these Terms of Service or your performance under these Terms of Service.

General Conditions

  1. Technical support is only provided to paying account holders and is only available via email.
  2. You understand that Fwd:Vault uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
  3. We may, but have no obligation to, remove Files and Accounts containing Files that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
  4. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Fwd:Vault customer, employee, member, or officer will result in immediate account termination.
  5. If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by Fwd:Vault) of other Fwd:Vault customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
  6. You understand that the technical processing and transmission of the Service, including your Files, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  7. Fwd:Vault does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.

General Prohibitions

You agree not to do any of the following while using the Site, Content, Files or Service:

  1. Reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Fwd:Vault.
  2. Modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Fwd:Vault, or any other Fwd:Vault service.
  3. Reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Fwd:Vault.
  4. Post, publish or transmit any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another's privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes another's rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
  5. Access, tamper with, or use non-public areas of the Site (including but not limited to user folders not designated as 'public' or that you have not been given permission to access), Fwd:Vault's computer systems, or the technical delivery systems of Fwd:Vault's providers;
  6. Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
  7. Attempt to access or search the Site, Content, Files or Service with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by Fwd:Vault or other generally available third-party web browsers (such as Microsoft Internet Explorer or Mozilla Firefox), including but not limited to browser automation tools;
  8. Send unsolicited email, junk mail, "spam," or chain letters, or promotions or advertisements for products or services;
  9. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Content, Files or Service to send altered, deceptive or false source-identifying information;
  10. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Content, Files or Service;
  11. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; or plant malware on Fwd:Vault's computer system, those systems of Fwd:Vault's providers, or otherwise use the Site, Content, Files or Service to attempt to distribute malware; or
  12. Impersonate or misrepresent your affiliation with any person or entity.

Fwd:Vault will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. Fwd:Vault may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that Fwd:Vault has no obligation to monitor any user's access to or use of the Site, Content, Files and Service, but has the right to do so for the purpose of operating the Site and the Service, to ensure users' compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

Links

The Site may contain links to third-party websites or resources. You acknowledge and agree that Fwd:Vault is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Fwd:Vault of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Use of the Site at Your Own Risk

Your access to and use of the Site, Content, Files and Service is at your own risk. Fwd:Vault will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Site, Content, Files or Service.

FWD:VAULT IS AVAILABLE "AS-IS"

YOUR USE OF THE SITE, CONTENT, FILES AND SERVICE IS AT YOUR SOLE RISK, AND PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, FWD:VAULT EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. YOU ACKNOWLEDGE THAT USE OF THE SITE, CONTENT, FILE AND SERVICE MAY RESULT IN UNEXPECTED RESULTS, LOSS OR CORRUPTION OF DATA OR COMMUNICATIONS, PROJECT DELAYS, OTHER UNPREDICTABLE DAMAGE OR LOSS, OR EXPOSURE OF YOUR DATA OR YOUR FILES TO UNINTENDED THIRD PARTIES.

FWD:VAULT MAKES NO WARRANTY THAT THE SITE, CONTENT, FILES OR SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. FWD:VAULT MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICE, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITE, CONTENT, OR SERVICE, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, CONTENT, FILES OR SERVICE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FWD:VAULT OR THROUGH THE SITE, CONTENT, FILES OR SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Indemnity

You agree to defend, indemnify, and hold Fwd:Vault, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of or in any way connected with: (i) your access to or use of the Site, Content, Files and Service; (ii) your violation of this Agreement; (iii) your violation of any third party right, including without limitation any intellectual property right, including but not limited to right of attribution, publicity, confidentiality, property or privacy right; or (iv) any claim that Your Files, or your use of Files, caused damage to a third party, including without limitation claims that Your Files, or use of Files, infringe the rights of another.

Limitation of Liability

IN NO EVENT WILL FWD:VAULT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, CONTENT, FILES AND/OR SERVICE, OR FOR ANY ERROR OR DEFECT IN THE SITE, CONTENT, FILES OR SERVICE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT FWD:VAULT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT FWD:VAULT IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, FWD:VAULT 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 AND/OR THE FILES, OR IF YOUR DATA IS LOST, CORRUPTED OR EXPOSED TO UNINTENDED THIRD PARTIES.

Severability

In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect.

Waiver

The failure of Fwd:Vault to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.

Controlling Law and Jurisdiction

These Terms of Service and any action related thereto will be governed by the laws of the State of Pennsylvania without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in Delaware County, Pennsylvania, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Entire Agreement

These Terms of Service are the entire and exclusive agreement between Fwd:Vault and you regarding the Site, Content, Service and Your Files, and these Terms of Service supersede and replace any prior agreements between Fwd:Vault and you regarding the Site, Content, Service and Your Files.

Changes to the Service and Terms and Conditions

Fwd:Vault reserves the right at any time to modify, suspend, or discontinue providing the Service or any part thereof in its sole discretion with or without notice.

Fwd:Vault will use commercially reasonable efforts to notify you of modification, suspension, or discontinuance of the Service either by sending an email to the email address you provide with your registration or by a posting on fwdvault.com website. However, in no event will Fwd:Vault be liable to you or to any third party for any modification, suspension or discontinuance of the Service with or without notice.

Fwd:Vault reserves the right at any time to modify this Agreement in its sole discretion, without liability to you. This Agreement, as amended, will be effective upon acceptance of registration for new users and effective for all existing users 15 days after the posting of any amended terms on the fwdvault.com website. You agree to be bound by this Agreement, as modified. If you do not agree to any changes to this Agreement, you must terminate your account immediately.

Please review the most current version of this Agreement from time to time, located at http://fwdvault.com/terms (or such successor URL as Fwd:Vault may provide), so that you will be apprised of any changes.

Questions

Questions about the Terms of Service should be sent to support [at] fwdvault [dot] com.