TOS for AEROFS.com
This Document was last updated March 6th, 2013
By using the AeroFS.com web site and any AeroFS software ("Service") of Air Computing, Inc ("Company"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). Violation of any of the terms below will result in the termination of your Account. Air Computing 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, will be subject to the Terms of Service. Continued use of the Service after any such changes will constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.aerofs.com.com/tos
Consent to Access Your Files
BY UTILIZING THE SITE, CONTENT, FILES AND/OR SERVICES, YOU CONSENT TO ALLOW AEROFS TO ACCESS YOUR COMPUTER TO ACCESS ANY FILES THAT ARE PLACED IN THE 'AEROFS' DRIVE/VOLUME, AND/OR ANY OTHER FOLDER WHICH YOU CHOOSE TO LINK TO AEROFS. BY PLACING FILES IN YOUR SHARED FOLDERS, YOU CONSENT TO SHARE ACCESS TO THE CONTENT OF THOSE FOLDERS WITH THOSE OTHER AEROFS USERS THAT HAVE BEEN AUTHORIZED TO UTILIZE THOSE FOLDERS.
Responsibility for Files
You have sole responsibility for all User Files that you store and/or share on AeroFS servers through use of the Service. You acknowledge and agree that Air Computing, Inc will not be responsible for any failure of the Service to store or secure User Files, for the deletion of User Files stored on the Service, or for the corruption of or loss or any data, information or content contained in any User Files.
The Service provides the ability to store files ("User Files") and access them on a variety of devices including computers and smart phones. The Service stores User Files on a server and allows users to access them from there a number of ways. You acknowledge and agree that Air Computing may establish general practices and policies concerning use of the Services, including, without limitation, the maximum size of one User File or a group of User Files that a user may store and share through the Service, the maximum amount of time that User Files will be kept by the Service, and the maximum amount of data transfer the user may incur using the Service.
- You must be a person representing yourself or an organization. Accounts registered using automated methods are not permitted and will be terminated.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- You are responsible for maintaining the security of your account and password. Air Computing cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all activity that occurs and User Files that are stored and/or shared under your account.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- One person or legal entity may not maintain more than one free account.
Copyright and Content Ownership
- You will share User Files: (i) that you have the lawful right to use, copy, distribute, transmit, or display; and (ii) that do not infringe the intellectual property rights or violate the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right).
- We claim no intellectual property rights over User Files. Your profile and any User Files stored and/or shared remain yours. However, by sharing User Files through the Service, you agree to allow others to view, edit, and/or share your User Files.
- Air Computing has the right (but not the obligation) in its sole discretion to refuse or remove any User Files that are shared via the Service.
Air Computing, Inc respects the intellectual property of others, and we ask our users to do the same. Content stored in AeroFS or shared through AeroFS by users may be protected by copyright and the intellectual property laws of the United States and/or other countries. It is Air Computing's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who infringe or repeatedly infringe the copyrights or other intellectual property rights of others
Procedure for Reporting Copyright Infringments
If you believe that content stored in and/or shared through the AeroFS service infringes a copyright, please send a notice of copyright infringement containing the following information to Air Computing's copyright agent listed below: A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; Identification of works or materials being infringed; Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Air Computing is capable of finding and verifying its existence; Contact information about the notifier including address, telephone number and, if available, email address; A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Air Computing's copyright agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Air Computing, Inc.
635 High Street
Palo Alto, CA, 94301
- You understand that Air Computing uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or Company.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the prior written permission of Air Computing.
- You understand that the technical processing and transmission of the Service, including your User Files, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, or "spam" messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
- If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Air Computing) of other customers of the Service, we reserve the right to immediately disable your account until you can reduce your bandwidth consumption.
- Air Computing does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, or error-free, or (iii) any errors in the Service will be corrected.
- The failure of Air Computing to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Air Computing and govern your use of the Service, superseding any prior agreements between you and Air Computing (including, but not limited to, any prior versions of the Terms of Service).
AeroFS is Available "AS-IS"
THE SITE, CONTENT, FILES AND SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AIR COMPUTING 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 SERVICES 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. AIR COMPUTING MAKES NO WARRANTY THAT THE SITE, CONTENT, FILES OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. AIR COMPUTING MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITE, CONTENT, OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, CONTENT, FILES OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM AEROFS OR THROUGH THE SITE, CONTENT, FILES OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
You agree to defend, indemnify, and hold Air Computing, 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 Services; (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 AIR COMPUTING 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 SERVICES, OR FOR ANY ERROR OR DEFECT IN THE SITE, CONTENT, FILES OR SERVICES, 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 AIR COMPUTING 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 AIR COMPUTING 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, AIR COMPUTING 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 SERVICES AND/OR THE FILES, OR IF YOUR DATA IS LOST, CORRUPTED OR EXPOSED TO UNINTENDED THIRD PARTIES.
Cancellation and Termination
You are solely responsible for properly cancelling your account. You may cancel your account by sending an email to [email protected].
All of your User Files will be deleted from the Service one month after cancellation. This information can not be recovered once it has been deleted.
Air Computing, in its sole discretion, has the right to suspend your account and refuse any and all current or future use of the Service, pending investigation, for any reason at any time. Such termination of the Service may result in the deactivatin or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all User Files in your Account. Air Computing reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
Air Computing 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.
Air Computing shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.