nCrypted Cloud, LLC Terms of ServiceLast Updated: October 6th, 2014
Thank you for Your interest in nCrypted Cloud! Please read these terms of service carefully (“Terms”) before using the Software and Service. These Terms govern and apply to Your access (“You” or “Your”) to and use of nCrypted Cloud (“We” or “Our”) websites, software and service (the “Software and Service”). By accessing or using Our Software and Service, You agree to be bound by all of the terms and conditions described in these Terms. If You are using the Software and Service on behalf of an organization, You are agreeing to these Terms for that organization and promising that You have the authority to bind that organization to these terms. If You do not agree to all of these terms and conditions, do not use Our Software and Service.
Use of Software and ServiceYou may not access or use the Software and Service if You are Our direct competitor, except with Our prior written consent. You may not share the Software and Service with a direct competitor, except with Our prior written consent. In addition, You may not access the Software and Service for purposes of monitoring Our availability, performance or functionality, or for any other benchmarking or competitive purposes. The nCrypted Cloud Software and Service allow You and other users to secure valuable data that is stored and shared in the cloud data storage providers such as Dropbox. In order to access and use nCrypted Cloud, You will need to register and create an account (Your “Account”). By creating an Account, You represent that You have the power to form a binding contract and are not a person barred from receiving Software and Service under the laws of the United States or other applicable jurisdiction. The Software and Service are not intended for use by You if You are under 13 years of age. By agreeing to these Terms, You are representing to us that You are over 13. When creating an Account, You may be required to provide certain personal information about Yourself and will establish a username and a password. You agree to provide accurate, current and complete information about Your Account. We reserve the right to suspend or terminate Your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that You create through the Software and Service that violates Our Terms. You are responsible for maintaining the confidentiality of Your password and Account, and agree to notify us if Your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under Your Account. You agree that Your Account is for use only by You and You cannot share Your account.
Acceptable Use Policy/User ConductYou agree that You are responsible for Your own conduct and all conduct under Your account, and all content that is encrypted or decrypted by anyone using Your Account Information with the Software and Service and for any consequences arising as a result thereof. You agree that You shall not copy, sell, transfer, distribute, publish, or assign Your license to Our Software and Service in any format to any third party. You agree to use the Software and Service only for purposes that are legal, proper and in accordance with these Terms of Service and any Separate Agreements, and all applicable laws and regulations in the relevant legal jurisdictions. You further agree not to:
- Probe, harm, disrupt, or attack any system, network, or the Software and Service.
- Interfere with or disrupt the Software and Service or servers or networks connected to the Software and Service, or disobey any requirements, procedures, policies or regulations of networks connected or applicable to the Service.
- Modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by nCrypted Cloud.
- Use the Software and Service to encrypt or otherwise disguise any material that contains viruses, worms, corrupted files, or any other similar software to interfere with or disrupt any user, host, or network.
- Send any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation.
- Stalk, harass, abuse or threaten another person or company, or take any action invasive to another’s privacy (by sharing, for example, another’s photograph, address, email, phone number or any other contact information) without permission from such other person.
- Impersonate or misrepresent Your identity with any person or entity.
- Promote or provide products or Software and Service other than Your own without appropriate authorization.
- Use the Software and Service to encrypt any Content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Take any action that would be in violation of nCrypted Cloud’s copyright, trademark, any code of conduct or other guidelines which may be applicable to the Software and Service.
- Publish or share unlawful materials.
- Violate the law in any way.
NoticeWe may send You communications or data regarding the Software and Service, including but not limited to (i) notices about Your use of the Software and Service, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials regarding Our products and Software and Service, via electronic mail, posting on the website, or other reliable method.
CopyrightWe do not permit copyright infringing activities and infringement of intellectual property rights on the Software and Service and expect Our users to do the same. We will take whatever action, in Our sole discretion, it deems appropriate including removal of the challenged content from the site if properly notified that such Content infringes on another’s intellectual property rights. If You are a copyright owner, authorized to act on behalf of one or an agent thereof and believe that any Content infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing Our Copyright Agent with the following information in writing. Notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyriqht.gov for details.
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- a description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Service where the material that You claim is infringing is located;
- Your address, telephone number, and email address;
- a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
OwnershipOur Software and Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, We (or Our licensors) exclusively own all right, title and interest in and to the Software and Service, including all associated intellectual property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Software and Service, including in any Content. You acknowledge and agree that any feedback, comments or suggestions You may provide regarding the Software and Service (“Feedback”) will be the sole and exclusive property of nCrypted Cloud and You hereby irrevocably assign to us all of Your right, title and interest in and to all Feedback.
RestrictionsYou shall not (i) permit any third party to access the Software and Service except as permitted herein, (ii) create derivate works based on the Software and Service except as authorized herein, (iii) copy, frame or mirror any part or content of the Software and Service, other than copying or framing on Your own intranets or otherwise for Your own internal business purposes, (iv) reverse engineer the Software and Service, or (v) access the Software and Service in order to (a) build a competitive product or service, or (b) copy any features, functions or graphics of the Software and Service. You acknowledge and agree that the trademarks, service marks, logos, and software are owned by and the property of Us and subject to copyright and other intellectual property rights under the law.
ModificationsWe reserve the right at any time and at Our sole discretion to modify or discontinue, temporarily or permanently, the Software and Service or any part thereof, with or without notice. You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of any part of the Software and Service. In connection with any modification of the Software and Service, nCrypted Cloud may automatically download and install software updates from time to time with the intention of improving, enhancing, repairing and/or further developing the Software and Service, and You agree to permit nCrypted Cloud to deliver these to You (and You to receive them) as part of Your use of the Software and Service.
Modifications to this agreementWe reserve the right at any time and at Our sole discretion to change, modify or otherwise alter these Terms of Service at any time and the most current version will always be posted on Our website. If a revision, in Our sole discretion, is material, We will notify You (for example via email to the email address associated with Your account). Other changes may be posted to Our blog or terms page, so please check those pages regularly. By continuing to access or use the Software and Service after revisions become effective, You agree to be bound by the revised Terms. If You do not agree to the new terms, please stop using the Software and Service. With respect to individuals using the Software or Service on behalf of the United States Securities and Exchange Commission or any other United States federal government agency, these Terms may be modified in ways enumerated in a separately executed document between the government agency and nCrypted Cloud.
LinksIn an attempt to provide increased value to You, We may include the use of third party resources and/or links to third party websites as part of the Software and Service. However, We have no control over such sites and resources and, accordingly, You acknowledge and agree that (a) We are not responsible for the availability of such external sites or resources; (b) We do not endorse and are not responsible or liable for any content or other materials available from such sites or resources and (c) We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content or materials available on or through any such site or resource.
Disclaimer of WarrantiesYOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SOFTWARE AND SERVICE IS AT YOUR OWN RISK. THE SOFTWARE AND SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NCRYPTED CLOUD EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- NCRYPTED CLOUD DOES NOT WARRANT THAT (i) THE SOFTWARE AND SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SOFTWARE AND SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE; OR (iii) ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY CONFIDENTIAL DOCUMENTS THAT ARE DECRYPTED AND DOWNLOADED IN NON SECURE FOLDERS THROUGH THE USE OF THE SOFTWARE AND SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR THEFT OF CONFIDENTIAL DOCUMENTS.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NCRYPTED CLOUD OR THROUGH OR FROM THE SOFTWARE AND SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
- IN RARE CIRCUMSTANCES DURING THE BETA PERIOD, THERE IS A SLIGHT POSSIBILITY THAT ENCRYPTED FILES MAY NOT OPEN PROPERLY, DEPENDING ON YOUR DEVICE ENVIRONMENT OR APPLICATIONS.