Please read these terms of service (these "Terms") carefully as
they form a contract between you and Gladinet (We or Our)
that governs your access and use of: (i) the hosted storage solution provided by
Gladinet for online storage, sharing and processing of files, data, text, audio,
video, images or other content (collectively, "Content"); (ii)
software provided or made available by Gladinet (the "Software");
and, (iii) any written or electronic documentation provided or made available by
Gladinet (the "Documentation") (collectively the "Service(s)").
By using any of the Services you agree to be bound by these Terms.
If you are using the Services on behalf of an organization, you are agreeing to
these Terms for that organization and promising to Gladinet that you have the authority
to bind that organization to these Terms. In that case, "you" and "your" will refer
to that organization. You may use the Services only in compliance with these Terms
and only if you have the power to form a contract with Gladinet and are not barred
under any applicable laws from doing so. IF YOU DO NOT AGREE TO BE BOUND BY
THESE TERMS, YOU MUST NOT USE THE SERVICE.
1. CHANGES TO THESE TERMS
Gladinet reserves the right to change these Terms at any time in Gladinet’s sole
discretion. Any changes will be effective upon posting the revised version of these
Terms on the Service. Therefore, we encourage you to check the date of these Terms
whenever you visit www.gladinet.com (the "Site") to see if these
Terms have been updated. Your continued access or use of any portion of the Service
constitutes your acceptance of such changes. If you don't agree to any of the changes,
we're not obligated to keep providing the Service, and you must cancel and stop
using the Service. The Services may continue to change over time as we refine and
add more features. We may stop, suspend, or modify the Services at any time without
prior notice to you.
2. YOUR ACCOUNT
To obtain access to certain Services, you may be required to obtain an account with
Gladinet, by completing a registration form and designating a user ID and password.
When registering with Gladinet you must: (a) provide true, accurate and current
information about yourself as requested by the Service's registration form. If your
contact information or other information related to your account, changes, you must
notify Gladinet promptly and keep your information current.
Only you may use your Service account. You must keep your account and passwords
confidential and not authorize any third party to access or use the Service on your
behalf, unless Gladinet provides an approved mechanism for such use. You must contact
us right away if you suspect misuse of your account or any security breach in the
Service. You are responsible for all activities that take place with your account,
whether or not you authorized those activities. Gladinet will not be liable
for any loss or damage arising from any unauthorized use of your accounts.
If a third party such as an employer gave you your account, that party has rights
to your account and may: manage your account, reset your password, or suspend or
cancel your account.
3. SUSPENSION AND TERMINATION
You may stop using the Services at any time. Gladinet reserve the right, to temporarily
suspend or terminate your access to the Service at any time in Gladinet’s sole discretion,
with or without cause, and with or without notice, without incurring liability of
any kind. For example, Gladinet may suspend or terminate your access to or use of
the Service for: (a) the actual or suspected violation of these Terms; (b) the use
of the Services in a manner that may cause Gladinet to have legal liability or disrupt
others' use of the Services; (c) the suspicion or detection of any malicious code,
virus or other harmful code by you or in your account; (d) scheduled downtime and
recurring downtime; (e) use of excessive storage capacity or bandwidth; or (f) unplanned
technical problems and outages. If we suspend or terminate your use, we will try
to let you know in advance and help you retrieve data, though there may be some
cases (for example, repeatedly or flagrantly violating these Terms, a court order,
or danger to other users) where we may suspend immediately. You acknowledge
that if your access to the Service is suspended or terminated, you may no longer
have access to the Content that is stored with the Service. You acknowledge
that your data will be deleted 15 days after termination of your access to the
Service. Once your data has been deleted, neither Gladinet nor its employees
will be able to access or retrieve it.
4. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION.
When you register for Services, you may agree that we may provide you with information
and other materials regarding your use of the Services, our products, services,
and other offers from time to time as described in our Privacy Policy. Such solicitations
may take the form of materials mailed to you, telephone calls, e-mail messages,
or other forms. Solicitations will be made to the addresses and numbers provided
to us in the registration process. Gladinet gives you the opportunity to opt-out
of receiving electronic mail by following the opt-out instructions provided in the
message.
5. CONTENT
Except for material that Gladinet licenses to you, Gladinet doesn't claim ownership
of any Content that is transmitted, stored, or processed in your account(s). Gladinet
doesn't control, verify, or endorse the Content that you and others make available
on the Service.
Gladinet provides functions that allow you to control who may access your Content.
If you enable the features that allow you to share the Content with others, anyone
you've shared content with (including the general public, in certain circumstances)
may have access to your Content.
You hereby grant Gladinet and its contractors the right, (i) to use, copy, transmit,
distribute, store and cache your Content; and (ii) to copy, transmit, publish, and
distribute to others the Content as you designate, whether through the sharing or
public linking features of the Service, in each case solely to provide the Service
to you, or as otherwise permitted by these Terms.
You represent and warrant that: (a) you have all the rights in the Content necessary
for you to use the Service and to grant the rights in this Section; and, (b) the
storage, use or transmission of the Content doesn't violate any law or these Terms.
You will: (a) be solely responsible for the nature, quality and accuracy of the
Content; (b) ensure that the Content (including the storage or transmission thereof)
complies with these Terms and any and all applicable laws, and regulations; (c)
promptly handle and resolve any notices and claims relating to the Content, including
any notices sent to you by any person claiming that any Content violates any person's
rights, such as take-down notices pursuant to the Digital Millennium Copyright Act
and any other notices; and (d) maintain appropriate security, protection and backup
copies of the Content, which may include, your use of additional encryption technology
to protect the Content from unauthorized access. Gladinet will have no liability
of any kind as a result of the deletion of, correction of, destruction of, damage
to, loss of or failure to store or encrypt any Content.
You must immediately notify Gladinet in writing of any unauthorized use of any (a)
Content (b) any Account or (c) the Service that comes to your attention. In the
event of any such unauthorized use by any third party that obtained access through
you, you will take all steps necessary to terminate such unauthorized use. You will
provide Gladinet with such cooperation and assistance related to any such unauthorized
use as Gladinet may reasonably request.
6. ACCEPTABLE USE
You will not, and will not attempt to, misuse the Services, and will use the Services
only in a manner consistent with the Gladinet Acceptable Use Policy (www.gladinet.com/p/aup.htm).
7. UPDATES TO THE SERVICE
Gladinet reserves the right, in its sole discretion, to make necessary unscheduled
deployments of changes, updates or enhancements to the Service at any time. Gladinet
may add or remove functionalities or features, and Gladinet may suspend or stop
a Service altogether.
8. SOFTWARE
If you receive Software from Gladinet, its use is governed in one of two ways: If
you're presented with license terms that you must accept in order to use the Software,
those terms apply; if no license is presented to you, these Terms apply. Gladinet
reserves all other rights to the Software.
Any Software is licensed, not sold. Unless Gladinet notify you otherwise, the Software
license ends when your Service ends. You must then promptly uninstall the Software.
You must not work around any technical limitations in the Software.
9. PROPRIETARY RIGHTS
“Gladinet” and the Gladinet logo are trademarks
of Gladinet, Inc. and are protected by law. All other names of companies and products
mentioned may be trademarks of their respective owners. You may not copy, display
or use any of these marks without prior written permission of the mark owner.
All intellectual property rights in the Software, Documentation and Services are
owned by GLADINET or its licensors and are protected by law, including applicable
copyright, trade secret, patent, and trademark laws. You will not remove any product
identification, copyright notice, or proprietary restriction from the Software,
Documentation and Services.
As between Gladinet and you, Gladinet or its licensors own and reserve all right,
title and interest in and to the Service and all hardware, software and other items
used to provide the Service, other than the rights explicitly granted to you to
use the Service in accordance with this Terms. No title to or ownership of any proprietary
rights related to the Service is transferred to you pursuant to these Terms. All
rights not explicitly granted to you are reserved by Gladinet. In the event that
you provide comments, suggestions and recommendations to Gladinet with respect to
the Service (including, without limitation, with respect to modifications, enhancements,
improvements and other changes to the Service) (collectively, "Feedback"), You hereby
grant to Gladinet a world-wide, royalty free, irrevocable, perpetual license to
use and otherwise incorporate any Feedback in connection with the Service.
10. PRIVACY
In order to operate and provide the Service, Gladinet collects certain information
about you. Gladinet uses and protects that information as described in the privacy
policy located at https://www.gladinet.com/p/privacy.htm ("Privacy Policy"). You
further acknowledge and agree that Gladinet may access or disclose information about
you, including the content of your communications, in order to: (a) comply with
the law or respond to lawful requests or legal process; (b) protect the rights or
property of Gladinet or our customers, including the enforcement of our agreements
or policies governing your use of the Service; or (c) act on a good faith belief
that such access or disclosure is necessary to protect the personal safety of Gladinet
employees, customers, or the public.
We retain the right to block or otherwise prevent delivery of any type of file,
email or other communication to or from the Service as part of our efforts to protect
the Service, protect our customers, or stop you from breaching these Terms. The
technology or other means we use may hinder or break your use of the Service.
11. DISCLAMER OF WARRANTY
GLADINET PROVIDES THE SERVICE "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE". TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GLADINET MAKES NO (AND SPECIFICALLY
DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE SERVICE
WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, THAT THE CONTENT
WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY,
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND
ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE
OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT
SUCH EXCLUSION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
12. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL GLADINET, ITS AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A): ANY INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER
CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT,
TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF GLADINET HAS BEEN ADVISED AS TO
THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
THE AGGREGATE LIABILITY OF GLADINET AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
SUPPLIERS OR LICENSORS, RELATING TO THE SERVICES WILL BE LIMITED TO THE GREATER
OF AN AMOUNT EQUAL THREE MONTHS OF YOUR SERVICE FEE FOR THE SERVICE OR FIVE DOLLARS
($5.00). THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY
COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. IN SUCH
AN EVENT THIS LIMITATION WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.
13. INDEMNIFICATION
You agree to indemnify, defend and hold Gladinet and its officers, directors, employees,
agents, licensors, and suppliers harmless from and against all claims, liabilities,
losses, expenses, damages, and costs, including but not limited to reasonable attorneys'
fees, resulting from (i) an violation or breach of these Terms by you, (ii) any
activity related to access or use of your account (including but not limited to
negligent or wrongful conduct) by you or any other person accessing or using your
account and/or Content, or (iii) Gladinet's authorized use of data, files or other
Content provided by you or obtained by Gladinet as authorized by you under these
Terms.
14. NOTICES
Gladinet may send you, in electronic form, information about the Service, additional
information, and information the law requires Gladinet to provide. Gladinet may
provide required information to you by email at the address you specified when you
signed up for the Service. Notices emailed to you will be deemed given and received
when the email is sent. If you don't consent to receive notices electronically,
you must stop using the Service. You may provide legal notice to Gladinet via email
to legal@gladinet.com, with a duplicate copy sent via registered mail, return receipt
requested, to the following address: Gladinet, 1451 W. Cypress Creek Rd, Suite 300,
Ft. Lauderdale. Any such notice, in either case, must specifically reference that
it is a notice given under these Terms.
15. PAYMENTS AND REFUNDS
The fees applicable for Service ("Fees") are available at the Site and as published
within the Service. The price stated for the Service excludes all taxes and charges,
unless stated otherwise. You're responsible for any taxes and for all other charges
(for example, data charges and currency exchange settlements). You will pay the
Fees in the currency Gladinet quoted for your account. Gladinet reserves the right
to change the quoted currency at any time.
In addition to any Fees, you may still incur charges incidental to using the Service,
for example, charges for Internet access, data roaming, and other data transmission
charges.
You must be authorized to use the payment method that you enter when you create
a billing account. You authorize Gladinet to charge you for the Service using your
payment method and for any paid feature of the Service that you choose to sign up
for or use while these Terms are in force. We may bill: (a) in advance; (b) at the
time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription
Services. Once we have informed you that the Service will be provided indefinitely
or automatically renewed, we may automatically renew your Service and charge you
for any renewal term.
You must keep all information in your billing account current. You can access and
modify your billing account information from your account web portal at www.gladinet.com.
You may change your payment method at any time. If you tell us to stop using your
payment method and we no longer receive payment from you for the paid Service, we
may cancel that Service. Your notice to us will not affect charges we submit to
your billing account before we reasonably could act on your request.
Gladinet reserves the right to change the price of the Service. If there's a specific
length and price for your Service offer, that price will remain in force for that
time. After the offer period ends, your use of the Service will be charged at the
new price. If you don't agree to these changes, you must cancel and stop using the
Service via notification to Gladinet through email at support@gladinet.com no later
than fourteen (14) days prior to the conclusion of your current payment term, whether
monthly, yearly, or otherwise. If you cancel, your Service ends at the end of your
current Service period or, if we bill your account on a period basis, at the end
of the period in which you canceled. If you fail to cancel as required, we will
automatically renew the Service for the same term and will charge you payment information
on file with us commencing on the first day of the renewal term.
If payment is not received by Gladinet on the due date, user's account will be frozen,
inaccessible, and all shared links will be turned off until all outstanding payments
have been processed by Gladinet. Users retain the responsibility for settling all
outstanding balances in a timely manner and maintaining updated billing information.
If not complied with, at the end of 90 days, user's account will be deactivated
and all files will no longer be retrievable.
Unless we notify you otherwise, if you're participating in any trial period offer,
you must cancel the Service by the end of the trial period to avoid incurring new
charges. If you do not cancel your Service and we have told you the Service will
convert to a paid subscription at the end of the trial period, you authorize us
to charge your payment method for the Service.
Except as specifically set forth in this section, all Services are prepaid for the
period selected (monthly, yearly or otherwise) and are non-refundable. This includes
accounts that are renewed.
If you are currently on our free 14-day trial, you may cancel your account, free
of charge, at any time until fourteen (14) days after your account was created.
(The day of creation constitutes the first day of the 14-day trial.)
Except as prohibited by law, we may assess a late charge if you do not pay on time.
You must pay these late charges when we bill you for them. The late charge will
be the lesser of 1 percent of the unpaid amount each month or the maximum rate permitted
by law. We may use a third party to collect past due amounts. You must pay for all
reasonable costs we incur to collect any past due amounts, including reasonable
attorneys' fees and other legal fees and costs. We may suspend or cancel your Service
if you fail to pay in full on time.
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY FLORIDA
LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING
TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE
FEDERAL OR STATE COURTS OF PALM BEACH COUNTY, FLORIDA, AND BOTH PARTIES CONSENT
TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and
exclusive agreement between you and Gladinet with respect to the Services, and supersede
and replace any other agreements, terms and conditions applicable to the Services.
These Terms create no third party beneficiary rights. Gladinet’s failure to enforce
a provision is not a waiver of its right to do so later. If a provision is found
unenforceable the remaining provisions of the Agreement will remain in full effect
and an enforceable term will be substituted reflecting our intent as closely as
possible. You may not assign any of your rights in these Terms, and any such attempt
is void, but Gladinet may assign its rights to any of its affiliates or subsidiaries,
or to any successor in interest of any business associated with the Services. Gladinet
and you are not legal partners or agents; instead, our relationship is that of independent
contractors.
