PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE REGISTERING AND USING THE KeepYouSafe.Com SERVICE:
You ("you","You","Yours","yours", the user) have selected to register for use of the KeepYouSafe.Com file storage and retrieval service (the "Service"). The Service is provided to you under the terms and conditions set forth in these Terms and Conditions of Use ("Agreement").
1. Description of Services
Subject to KeepYouSafe.Com's acceptance of Your registration and Your compliance with the terms and conditions of this Agreement, KeepYouSafe.Com will provide You with the following service (the "Standard Free Service") : (a) KeepYouSafe.Com will establish one (1) free Online Safe Deposit Box account per household on the KeepYouSafe.Com servers (the "Account"); (b) KeepYouSafe.Com will allow United States and Canadian citizens, residing in the United States or Canada to store a small amount of data in your Account on a conditional free basis (see section 2). (c) KeepYouSafe.Com will allow You to retrieve data files 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 modem, necessary to access the World Wide Web; (ii) Your own access to the World Wide Web; and (iii) payment of all telephone or other fees associated with such access. Please note KeepYouSafe.Com provides an extensive range of services. It is possible that one or more of these services may not be available at certain times. Please see the home page to get current status on the availability of services.
2. Conditions of Use
You are solely responsible for the content of all data You store or retrieve from, or attempt to store or retrieve from, Your Account and the Public Folders and for all transmissions by You from and to Your Account. 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, vulgar, pornographic, obscene or otherwise objectionable material of any kind or nature; (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; (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.(g) not use sharing features in a way that amounts to 'publishing' and restrict the use of sharing features to share data between friends, colleagues and business partners, in a very limited sense. (h) KeepYouSafe.Com service should not be used to sell digital content to others. It is not a media for dissemination of digital content for commercial purposes. KeepYouSafe.Com may use automated procedures to detect unacceptable level of usage and may immediately disable offending accounts, and the process of detection may vary from time to time, based on misuse detected. KeepYouSafe.Com is NOT a service for storing and disseminating large amounts of data to large number of recipients. It is an Online Storage and Backup service for critical records and documents. KeepYouSafe.Com is not responsible for any business or lifestyle interruptions that may be caused due to this process.
Additional conditions to maintain free Account: To ensure we are providing free boxes to real, active users, account holders must log in to their accounts at least once every sixty days and remain an active member of our e-mail newsletter in order to continue to receive free access. We do not share or sell your information, please refer to our Privacy Policy for full details. Account holders not meeting these obligations will be asked to pay $36 per year for their account. Notification of cancellation of the free account will be sent to the email address on file for Account three times over a 60 day period. At the end of this 60 day period if You have not upgraded your account it will be deleted from our system, and the contents of your box digitally "shredded" for security.
While it is not currently in our plans, we reserve the right to discontinue the free service at any time. If this occurs, notification will be sent to the email address on file for Account three times over a 60 day period to ensure You are able to upgrade your account or remove important data from the box if You elect not to continue service.
Any link(s) provided through a web site or a mass email to download/upload files stored at KeepYouSafe.Com Accounts is completely unacceptable and would be considered as violation of the terms contained herein.
3. Registration Information/Credit Card Charges/Storage Over Limits
You will promptly notify KeepYouSafe.Com of any change in the information You provide on Your registration form during Your registration for the Service (including, without limitation, any change in Your mailing address, telephone numbers or email address). The registration information provided by You on Your registration form during Your registration for the Service, together with any and all updates provided by You from time to time under this paragraph, is referred to in this Agreement as the "Registration Information." KeepYouSafe.Com's policy regarding the privacy and use of the Registration Information is set forth in KeepYouSafe.Com's privacy policy, as the same may be modified and amended by KeepYouSafe.Com from time to time (the "Privacy Policy"), and the terms and conditions herein as they are modified from time to time. When You accept this Agreement, You acknowledge that You also agree to the terms of the Privacy Policy.
If You select a paid box, or an upgrade to your free box, You authorize a recurring monthly or annual charge to your credit card in exchange for use of the KeepYouSafe.Com service as indicated by published standard plans or a customized quote provided for your specific use. You also agree that the enrollment for the next service period is automatic. Please note that because we offer a free account in which You can try the service, we do not offer any refunds on paid services.
KeepYouSafe.Com will not issue any pro-rated refunds for the remaining period during the subscription when an account with a subscription plan ("current plan") is downgraded to a smaller plan ("new plan") (a plan that costs less per month than the current plan) during the middle of a subscription period. However the rate applicable to the new plan will automatically be charged starting the first of the subsequent period.
KeepYouSafe.Com may allow for use of storage space beyond the specified plan limit chosen by the user, at our sole discretion, however KeepYouSafe.Com shall not be obligated to. This is designed to allow for uninterrupted use of the service, in case the usage exceeds the quota limits. Overuse charge may be applied for the overused storage at the rate of $2/MB/Month. This rate may change without notice. If we are unable to execute overuse charges due to credit card denial or for whatever reasons, user will be notified via email. In case of non-action by the user, the account may be cancelled.
3a. Use of IP Addresses
An IP address is a number that's automatically assigned to your computer whenever you're surfing the Web. KeepYouSafe.Com may collect IP addresses for the purposes of system administration, to audit the use of our site for security and continuous improvement. We can and will use IP addresses to identify a user when we feel it is necessary to enforce compliance with our house rules or terms of service or to protect our service, site, customers, or others and to comply with Government subpoena and or comply with applicable laws. Some services and Emails sent from KeepYouSafe.Com, such as registration related, may display IP addresses along with the message.
3b. Deactivated Accounts
When an account is deactivated by KeepYouSafe.Com, stored data may be lost and is non-recoverable.
4. Account and Password
After You accept this Agreement and Your registration has been accepted by KeepYouSafe.Com, You will receive a link by email, on activation of which Your Account will be established. You are solely responsible for any consequences arising out of Your failure to maintain the confidentiality of Your Password. You will notify KeepYouSafe.Com of any unauthorized use or other breach in security of Your Account immediately after You learn of the same. KEEPYOUSAFE.COM SHALL NOT BE RESPONAIBLE FOR THE MAINTENENACE, STORAGE AND RETRIEVAL OF YOUR PASSWORD OR ANY LOSS ASSOCIATED WITH LOSS OF PASSWORD BY USER. KEEPYOUSAFE.COM DOES NOT MAINTAIN A COPY OF THE PASSWORD AND CAN NOT RECOVER IT OR THE STORED DATA IF PASSWORD IS LOST.
5. Security of Stored Data and Files
KeepYouSafe.Com will endeavor to restrict access to the data and files You store or retrieve from Your Account to persons accessing such data and files through use of Your Account or Password. However, it may be necessary to access users accounts for support requirements or to comply with a request from law enforcement. It may also be necessary to access users accounts to verify that the accounts are not being misused, especially with respect to digital copyright laws and resource misuse checks including bandwidth. It is not possible to access the data inside Your account without your private password. Finally, KeepYouSafe.Com generously offers every household ONE free Online Safe Deposit Box™. Offering free boxes costs KeepYouSafe a good deal of money, and we will take all steps necessary to enforce this "one box per household" policy.
6. Content of Stored Data and Files
You are solely responsible for (a) obtaining sufficient rights to the content of all data and files stored by You on KeepYouSafe.Com's servers and (b) ensuring that such content does not include any of the items prohitibted herein. Because of the strong encryption used, KeepYouSafe.Com normally does not review, inspect, edit or monitor any content, data or files stored by You or any other user of the Service, including, without limitation, for viruses, worms, "Trojan horses" or any other similar contaminating or destructive features. However, if KeepYouSafe.Com has suspicion that an account is being used for storage and distribution of any illegal material such as copyrighted content, or for illegal or unethical purposes, KeepYouSafe.Com reserves the right to examine the content of the online storage and backup account, including log and debugging information. This information may also be sent to the appropriate law enforcement agencies for investigation. KeepYouSafe.Com reserves the right to refuse, remove or disable access to any data or files stored on KeepYouSafe.Com's servers with immediate effect that KeepYouSafe.Com learns may be illegal, may violate the terms of paragraph 2 above, may violate the rights of any third party or otherwise may be reasonably objectionable.
6a. Backups of your data
KeepYouSafe.Com maintains regular backups of data both onsite in our main United States computer center and KeepYouSafe.Com also maintains a copy of Your data at a geographically distanced data center from the primary location (currently Europe) for additional protection. However, the most important step for a reliable backup is at the user end - ensure that you have your own copies of the data. You agree to make, maintain and protect current backups of any data stored at KeepYouSafe.Com
7. DISCLAIMER OF WARRANTIES
1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. KEEPYOUSAFE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, INVESTORS, MEMBERS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM 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.
2. KEEPYOUSAFE.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, INVESTORS, MEMBERS, PARTNERS AND LICENSORS MAKE A BEST EFFORT TO PROVIDE YOU WITH THE HIGHEST QUALITY SERVICE POSSIBLE, BUT OFFER NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, VIRUS-FREE, 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; (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; (vi) THAT THE DATA AND FILES YOU STORE IN YOUR ACCOUNT WILL NOT BE LOST OR DAMAGED OR EXPOSED; (vii) THAT THE DATA ON YOUR DESKTOP OR SERVER WILL NOT BE LOST OR DAMAGED OR EXPOSED; (viii) THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ANY MATERIAL OR DATA YOU RETRIEVE THROUGH THE USE OF THE SERVICE IS DONE AT YOUR CHOICE AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOURS OR A THIRD PARTIES COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE RETRIEVAL OF SUCH MATERIAL OR DATA; OR (ix) GOODS OR SERVICES, PURCHASED, ACCESSED OR OBTAINED THROUGH COMPANY’S SITE OR ADVERTISED THROUGH COMPANY’S SITE.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOURS OR A THIRD PARTIES COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE TRANSMISSION, STORAGE, VIEWING AND RETRIEVAL OF DATA FILES THROUGH THE INTERNET IS SUBJECT TO A VARIETY OF CONDITIONS THAT MAKE SUCH TRANSMISSION, STORAGE AND VIEWING POTENTIALLY UNRELIABLE AND INSECURE. YOU SHOULD MAKE YOURSELF AWARE OF THESE RISKS PRIOR TO USING THE SERVICE.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM KEEPYOUSAFE.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
5. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
8. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KEEPYOUSAFE.COM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, INVESTORS, MEMBERS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLES, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, (EVEN IF KEEPYOUSAFE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE OR A THIRD PARTY VIS THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (v) ANY OTHER MATTER RELATING TO THE SERVICE; (vi) ANY LOSS OF DATA, REVENUE OR PROFITS OR BUSINESS/LIFESTYLE INTERRUPTION OR OTHER PECUNIARY LOSS ARISING OUT OF YOUR USE OR INABILITY TO USE YOUR ACCOUNT OR THE SERVICE OR YOUR LOSS OF DATA OR FILES STORED THEREIN.
FURTHER, COMPANY 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.
***YOU AGREE THAT THE AGGREGATE LIABILITY OF COMPANY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE OR SERVICE IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO COMPANY FOR ACCESS TO AND USE OF THE SITE OR SERVICE. *****
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Indemnification
You will defend, indemnify and hold KeepYouSafe.Com, its parents, subsidiaries, affiliates, agents, officers, members, investors, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of (a) Your use of Your Account and the Service, (b) any data files and content stored by You in Your Account and otherwise on the KeepYouSafe.Com servers and © any violation of this Agreement by You.
10. Termination
Either you or KeepYouSafe.Com may terminate this Agreement with or without cause at any time by giving notice of such termination to the other in the manner described in paragraph 11 below. Further, if KeepYouSafe.Com believes that You have violated Your obligations under this Agreement, KeepYouSafe.Com may, at its option and in addition to its other remedies, immediately and without notice, suspend Your Account, remove and destroy data and files stored by You on KeepYouSafe.Com's servers and/or terminate this Agreement. KeepYouSafe.Com will not be liable to You or any third party for any suspension or termination of Your Account or the Service. Should You object to any terms and conditions of this Agreement or any subsequent modifications thereto or become dissatisfied with the Service in any way, Your only recourse is to immediately: (a) discontinue use of the Service; (b) terminate this Agreement; and (c) notify KeepYouSafe.Com of such termination. Upon any termination of this Agreement, KeepYouSafe.Com will remove your stored data files from main storage and available archives within five (5) business days from termination notice. Paragraphs 7,8, 9, 10, 11, 12, 13 and 14 of this Agreement (and any other provision that can be reasonably construed to survive termination) will survive termination of this Agreement.
11. Notices
Any notice under this Agreement given by KeepYouSafe.Com to You will be deemed to be properly given if sent by email to Your email address as set forth in the Registration Information, or by a startup screen that starts before Your next use of the Service or by written communication mailed by first class U.S. mail to Your address on record in the Registration Information or by a display about the changed information in the agreement on the index page if the change is generic. It is important that you maintain a correct working email id and update it if necessary to be able to receive KeepYouSafe.Com's communication. Any notice under this Agreement given by You to KeepYouSafe.Com will be deemed to be properly given if received via US Postal Mail at the contact address on http://www.keepyousafe.com, except those that are related to cancellation or termination of the account. User is expected to login online at http://www.KeepYouSafe.Com, go to 'Manage Account', choose 'Cancel Account' and provide necessary information for cancellation. Sending an email to support@KeepYouSafe.Com for cancellation is not considered as a cancellation notice for security reasons. On successful cancellation of account by the user, or by KeepYouSafe.Com due to various reasons including non-payment for the services, user data files will be removed within five (5)-day period from cancellation date from main storage as well as available archives.
12. Severability
This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable under applicable law to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of this Agreement. top
13. Modifications to this Agreement
The terms and conditions of this Agreement may be changed by KeepYouSafe.Com from time to time without notice and post an updated version of this Agreement on the KeepYouSafe.Com website located at http://www.KeepYouSafe.Com. Your use of any Services after posting will constitute Your acceptance of such changed terms and conditions.
14. Miscellaneous
Your right to use the Service is personal to You, and You will not assign any of Your rights, obligations or interest in this Agreement or Your Account. Without limiting the foregoing, this Agreement is binding upon and inures to the benefit of the parties and their respective successors and assigns. KeepYouSafe.Com's failure to insist upon or enforce strict performance of any provision or right of this Agreement will not be construed as a waiver of any provision or right. This Agreement will be governed by the laws of the State of New York, without regard to its conflict of laws rules. The provisions of the U.N. Convention on Contracts for the International Sale of Goods and any successor treaties will not apply. You consent to the venue and exclusive jurisdiction of the state and federal courts located in New York State, U.S.A., with regard to any claim arising under or otherwise occurring by reason of this Agreement or Your use of the Service or Your Account. You will commence any claim or cause of action arising under or otherwise occurring by reason of this Agreement within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes any and all prior and contemporaneous understandings and agreements.
15. KeepYouSafe's Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by KeepYouSafe.Com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.
KeepYouSafe.Com grants you a personal, non-transferable and non-exclusive right and license to use the Service on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Service. You agree not to modify the Service in any manner or form, nor to use modified versions of the Service, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by KeepYouSafe.Com for use in accessing the Service.
16. Final Agreement
This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may only be modified by KeepYouSafe.Com.
Last updated January 22, 2007
