Last Updated: July 25, 2013
Web System (" FilesAnywhere") is being provided to you
by Officeware Corporation d/b/a FilesAnywhere ("FilesAnywhere")
under the terms expressed in this document named
site will indicate your acceptance of these terms. Do not use the site if you do
not agree to be bound by these terms. By clicking on the "AGREE" button, you are
confirming that you agree to be bound by these terms. Use the scrollbar to view
all remaining terms below.
1. Changes to Terms.
this page from time to time to review the then-current Terms because they are
binding on you. Certain provisions of these Terms may be superseded by expressly
designated legal notices or terms located on particular pages at this site.
2. Changes to FilesAnywhere Service.
Officeware Corporation reserves the right to change or discontinue
FilesAnywhere at any time, with or without
notice. Officeware Corporation shall be in no way liable for any
consequence to anyone or anything which results from our decisions regarding
continuing, changing, or discontinuing any features of FilesAnywhere. Further,
Officeware Corporation shall not be liable for forwarding or retrieving documents.
3. No Liability for Data Stored on
FilesAnywhere. FilesAnywhere assumes no liability for any of the
data that is stored on the
FilesAnywhere service, be it obscene, offensive, illegal, or if it is an
infringement of property rights of anyone. Individual users are solely
responsible for the file content they upload and store on this service.
4. Individual Account Security, Privacy, and
Personal Use. You agree that you are the only person responsible for the
security of your account and FilesAnywhere is not. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify FilesAnywhere immediately of any unauthorized use of your account or any other breach of security. FilesAnywhere will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by FilesAnywhere or another party due to someone else using your account or password. You may not use anyone else’s account at any time without the permission of the account holder.
5. Grant of License, Non-Transferable Membership.
FilesAnywhere grants you a limited license to access and make personal
use of FilesAnywhere and not to download (other than page changing) or modify
the website or any other products of FilesAnywhere, or any portion of
them, except with express written consent of FilesAnywhere. This license
does not include any resale or commercial use of FilesAnywhere or its contents;
any derivative use of FilesAnywhere or its contents; or any use of data mining,
robots, or similar data gathering and extraction tools. FilesAnywhere may not
be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited
for any commercial purpose without written consent of FilesAnywhere. You
may not frame or utilize framing techniques to enclose any trademark, logo, or
other proprietary information (including images, text, page layout, or form) of
FilesAnywhere without the express written consent of FilesAnywhere.
You may not use meta tags or any other "hidden text" utilizing FilesAnywhere
names or trademarks without the express written consent of FilesAnywhere.
Any unauthorized use terminates the permission or license granted by FilesAnywhere. You are granted a limited, revocable, and nonexclusive right to create
a hyperlink the homepage of FilesAnywhere.com so long as the link does not portray
FilesAnywhere, or its products or service in a false, misleading, derogatory,
or otherwise offensive matter. You may not use any FilesAnywhere logo or
other proprietary graphic or trademark as part of the link without express written
permission. All rights not expressly granted by FilesAnywhere to you are retained.
This Agreement shall commence as of the Effective Date and continue in effect thereafter until superseded or otherwise terminated in accordance with this Agreement (the “Term”). Each of the services ordered shall be provided for the term specified by you in your initial order (the “Initial Term”). After the expiration of the Initial Term, this Agreement will be extended and automatically renew for the same amount of time as the Initial Term until either party terminates in accordance with the provisions set forth in this Agreement. Each extension and automatic renewal shall be deemed a Renewal Term. This Agreement may not be terminated by you during the Initial Term or during a Renewal Term unless such termination is to be effective on the last day of such Initial Term or Renewal Term, as the case may be, such that no extension or automatic renewal will take place. You acknowledge and agree that your commitment to each Initial Term and Renewal Term is an important factor in FilesAnywhere’s decision to agree to the pricing in this Agreement. However, you may terminate the Agreement prior to the end of the applicable Initial Term or Renewal Term if you (i) notify FilesAnywhere before the next billing period of such termination and (ii) pay FilesAnywhere all amounts already paid plus all amounts due under this Agreement through the end of the current Initial Term or Renewal Term, as the case may be, such that 100% of all remaining amounts due for the remainder of such Initial Term or Renewal Term are paid (the “Early Cancellation Fee”). If FilesAnywhere terminates the Agreement for your breach, you shall pay the Early Cancellation Fee in addition to, and not instead of, any other remedies provided elsewhere in this Agreement, or by law, including without limitation FilesAnywhere’s right to seek injunctive relief and to sue for damages. Upon termination of this Agreement, we shall provide you with the information, assistance, and cooperation, as you may reasonably request, to assure an orderly return or transfer of your Materials to you or your designee.
7. Your Account.
You must have a valid, registered user account to access FilesAnywhere. FilesAnywhere
may only be accessed and used by those authorized individuals who are registered with
FilesAnywhere. Your password may be maintained by you as often as you like, however this
password is non-transferable and your account may not be shared for other individuals
to use. Upon termination of your membership subscription, by non-payment, cancellation,
or suspension of service, this agreement will automatically terminate and the license
to use FilesAnywhere under this agreement shall be permanently revoked.
You agree to accept responsibility for all activities that occur under your account
or password. YOU AGREE THAT YOUR ACCOUNT PASSWORD MUST BE KEPT PRIVATE AND MAY NOT BE
USED BY ANY OTHER INDIVIDUAL OR AUTOMATED PROCESS TO ACCESS YOUR ACCOUNT UNLESS THEY ALSO
HAVE AN ASSIGNED USER LICENSE OR "SUBACCOUNT" USER LICENSE. THIS INCLUDES ACCESS VIA
WEB, FTP, SECURE FTP OR WEBDAV PROTOCOLS. If you are under 18, you may use
FilesAnywhere only with involvement of a parent or guardian. FilesAnywhere
reserves the right to refuse service, terminate accounts, or remove or edit content in
their sole discretion. By registering with FilesAnywhere, you understand that we may send
you communications or data regarding FilesAnywhere, including but not limited to (i)
notices about your use of FilesAnywhere, including any notices concerning violations of
use, (ii) updates, and (iii) promotional information and materials regarding FilesAnywhere’s products and services, via electronic mail. We give you the opportunity to
opt-out of receiving electronic mail from us by following the opt-out instructions provided
in the message.
8. Disclaimer of Warranties. FilesAnywhere IS NOT RESPONSIBLE FOR ANY LOSS OF DATA, DUE TO
TRANSMISSION ERROR, CLIENT SOFTWARE ERROR, SERVER SOFTWARE ERROR, USER ERROR, OR
ANY CAUSE. DUE TO THE NATURE OF THE INTERNET AND THE ONLINE
BACKUP SERVICE, IT IS STRONGLY RECOMMENDED THAT YOU PERFORM ROUTINE TESTS OF THE FILE
RESTORE FEATURES AND FAMILIARIZE YOURSELF WITH THE COMPLETE OPERATION OF THE
BACKUP SOFTWARE BEFORE AN EMERGENCY SITUATION ARISES. You agree that this service comes
with no warranty and is "AS IS" and "AS AVAILABLE" only. This service is not
intended to be the sole
backup location for any data; users are responsible for backing up their own data files
to a location other than FilesAnywhere (Setup Daily, Weekly or Monthly scheduled jobs. Synchronize folders between
multiple locations, or create automated file transfer jobs. Jobs run
automatically as a background service. Simple, wizard-based software is included
with the paid Personal plan). You assume all
risks associated with accepting a service of this kind.
FilesAnywhere expressly disclaims every type of warranty
whether express or implied, including, but not limited to, the warranties of
merchantability, fitness for a particular purpose and non-infringement. Notwithstanding the foregoing, FilesAnywhere warrants that (i) the web site (and related software, functionality, or license thereto) provided to you shall perform in accordance with its specification other than during Scheduled Maintenance and (ii) it will perform all the services under this Agreement in compliance with applicable laws and regulations.
makes no warranty that FilesAnywhere will meet your
requirements or that FilesAnywhere will be uninterrupted,
timely, secure or error-free. FilesAnywhere takes no responsibility for damage
done to your property as a result of using
FilesAnywhere software or the system itself. In addition,
FilesAnywhere does not make a warranty for any goods that are purchased
through the service. Anything that you purchase through the service is a
separate agreement between you and the third party and
FilesAnywhere shall have nothing to do with it. Further, if anyone who is
an employee or agent of FilesAnywhere makes any sort of
statement, it shall not be construed as a warranty. If by law it is not allowed
because of your jurisdiction's rules for FilesAnywhere to
exclude certain warranties then only the exclusions which are disallowed by law
do not apply to you.
9. Limitation of Liability. You also agree that
FilesAnywhere will not be liable for any special, direct, consequential,
indirect, or incidental damages which result from use, cost, errors, security
breaches, or anything else related to the use of FilesAnywhere.
These excluded damages include, but are not limited to, loss of data, loss of goodwill, loss of profits, loss of savings, loss of use, interruption of business, or other economic loss. FilesAnywhere’s aggregate liability and your exclusive remedy under this agreement, for any claim, whether in contract (including breach of warranty) or tort (including negligence) shall be limited to 100% of the amount paid by you under this agreement. The existence of more than one claim will not enlarge or extend these limits. Some jurisdictions do not allow the limitation of liabilities, so the above limitations may not apply to you.
10. US Laws. When using
FilesAnywhere, you agree to follow U.S. laws regarding transmitting data,
and not to make illegal use of the FilesAnywhere System or
use it for purposes which are illegal. Further, you agree not to use the System
for transmitting vulgar, obscene, harmful, libelous, abusive, or unlawful
material. You agree not to attempt to gain access to other computer systems.
Also, you agree not to interfere with anyone else who is a member of
FilesAnywhere in their use and enjoyment of the
FilesAnywhere web site or other FilesAnywhere
products. You agree to not transmit anything over FilesAnywhere
that could cause civil liability against anyone, or break applicable
international regulations, international laws, national laws, national
regulations, state laws, state regulations, or local laws, or local regulations.
11. Use of Service. In connection with any file Uploads,
shared folders, published PictureLinks, emailed file attachments, or FileShare
links, you further agree that you will not: (i) submit material to the Service
or distribute material from the Service, whether it by via Uploading, GroupShare
folders, email file attachments, FileShare links, PictureLinks, or any other
feature provided by the Service, that is copyrighted, protected by trade secret
or otherwise subject to third party proprietary rights, including privacy and
publicity rights, unless you are the owner of such rights or have permission
from their rightful owner to post the material and to grant to
FilesAnywhere all of the license rights granted herein; (ii) publish
falsehoods or misrepresentations that could damage FilesAnywhere
or any third party; (iii) submit material that is unlawful, obscene, defamatory,
libelous, threatening, pornographic, harassing, hateful, racially or ethnically
offensive, or encourages conduct that would be considered a criminal offense,
give rise to civil liability, violate any law, or is otherwise inappropriate;
(iv) post advertisements or solicitations of business: (v) impersonate another
FilesAnywhere does not endorse any User-supplied Content or
Guest-supplied Content or Uploaded Material or any opinion, recommendation, or
advice expressed therein, and FilesAnywhere expressly
disclaims any and all liability in connection with User-supplied Content or
Guest-supplied Content or Uploaded Material. FilesAnywhere
does not permit copyright infringing activities and infringement of intellectual
property rights on its Website, and FilesAnywhere will
remove all User-supplied Content or Guest-supplied Content or Uploaded Material
if properly notified that such content infringes on another's intellectual
property rights. FilesAnywhere reserves the right to
remove such content without prior notice. FilesAnywhere
will also terminate a User's access to its Website, if they are determined to be
a repeat infringer. A repeat infringer is a User who has been notified of
infringing activity more than twice and/or has had such content removed from the
Service more than twice. FilesAnywhere also reserves the
right to decide whether User-supplied Content or Guest-supplied Content or
violations other than copyright infringement and violations of intellectual
property law, such as, but not limited to, pornography, obscene or defamatory
material, material that may be offensive, content having excessive file size or
excessive use, which puts an excessive load on the servers, to the detriment of
other users, or PictureLinks that have been unused for a period of one year or
longer. FilesAnywhere may remove such Uploaded Material or
Links and/or terminate a User's access for uploading such material in violation
In particular, if you are a copyright owner or an agent thereof and believe that
any material uploaded by a User or Guest or other content infringes upon your
copyrights, you may submit a notification pursuant to the Digital Millennium
Copyright Act ("DMCA") to our Designated Copyright Agent (see 17 U.S.C 512(c)(3)
for further detail). Refer to our Copyright Agent page for more
information on filing a claim or counterclaim:
Notice and Procedure for Making Claims of
13. Sole Responsibility for Data, Account
Termination. You agree to be solely and completely responsible for all of
your transmissions onto and off of your FilesAnywhere, and
the contents of those transmissions. FilesAnywhere holds
the right to terminate your access to the FilesAnywhere
system at any time with or without reason, at FilesAnywhere's
sole discretion. If your account is terminated for any reason, you agree you may
not have permission to access your files on the FilesAnywhere
system and your files will be permanently removed from our servers.
FilesAnywhere is not obligated to give you access to any data which you
have uploaded or inserted into FilesAnywhere in any way.
NO OBLIGATION OF REFUND: You agree that FilesAnywhere is
not obligated in any way to refund any portion of monies paid for a subscription
service period if the account is terminated for any reason.
14. Data Retention: Standard account data retention period is ninety (90)
days following account closure or suspension. FilesAnywhere reserves the right
to purge account data before or after this period at its sole discretion. Data
may be purged before ninety days if a written, verifiable request is received
from the customer.
15. Limitations of Free
Accounts: THE FUNCTIONALITY OF ALL FREE ACCOUNTS IS LIMITED.
FILESANYWHERE MAKES NO CLAIMS TO THE FUNCTIONALITY OR
USABILITY OF FREE ACCOUNTS. ONCE A FREE ACCOUNT ENTERS A CANCELLATION STATUS,
THE ACCOUNT AND ALL OF THE ACCOUNT FILES MAY BE PURGED WITHOUT FURTHER NOTICE.
The "1GB Free Account" is offered as a free trial version of the paid Personal Plan. This 1GB Free Account comes with 1GB of remote file storage. A free account in
cancellation status may be renewed by logging in and upgrading, within 30 days
from the date of cancellation. It may be possible to return to a cancelled
account beyond 30 days and upgrade it to a subscription, if it has not yet been
purged. There are no charges for the 1GB Free Account unless you choose to upgrade the plan to a
paid Personal subscription.
15.a - Limitations of Free Accounts:
Users: 1 user
Storage: 1 GB
Faxing: 10 local per month, 100 pagers per fax
Uploads: 2GB per upload through the web interface
FileShare Links: Unlimited
Media Links: Unlimited
Zoho Edit Links: 5 edits per month.
15.b - Limitations of Paid Personal Accounts:
Storage: 80 GB with Signup/200 GB with upgrade
Faxing: 500 local and 100 international per month, 100 pages
FileShare Links: Unlimited
Media Links: Unlimited
Zoho Edit Links: Unlimited
15.c - Limitations of Corporate Accounts:
Faxing: 500 local and 100 international per month, 100 pages
Uploads: 2GB per upload through the web interface.
FileShare Links: Unlimited
Media Links: Unlimited
Zoho Edit Links: Unlimited
FilesAnywhere assumes no liability for anything
that is perceived in advertisements in FilesAnywhere, or any actions that are
taken or not taken as a result of those advertisements and any contact that you
have with the advertisers.
17. Intellectual Property. By registering with
this service, you understand and agree that all content created by
FilesAnywhere for the FilesAnywhere
system, as well as all of FilesAnywhere's software that
supports this system, is protected by trademarks, copyright, service marks, or
other property rights and laws. Therefore you must have appropriate
authorization before reproducing, distributing, copying, or taking and changing
any of these contents. Further, your use of the FilesAnywhere
system must be in accord and governed by all appropriate state, federal, local,
international, and national laws and regulations.
18. Applicable Laws. If anything which is
jurisdiction and authority to be in violation of the relevant law then the other
as possible and the parts which were not in violation of a law remain in full
effect, and full force.
19. Enforcement. If
FilesAnywhere fails to act on any of the terms of this document it should
not be construed as a waiver of any provision unless
FilesAnywhere agrees to any such waiver in writing.
20. Automatic Upgrade for Excess Storage Used.
IF THE TOTAL SIZE OF YOUR FILESANYWHERE ACCOUNT EXCEEDS THE CURRENT PLAN SIZE
PURCHASED, A NOTICE WILL BE EMAILED TO THE REGISTERED EMAIL REQUESTING THAT
ACTION PLEASE BE TAKEN TO CORRECT THE OVERAGE. WITHIN 3 DAYS FROM THIS NOTICE AN
UPGRADE MUST BE PERFORMED OR FILES MUST BE DELETED TO BRING THE SPACE USED DOWN
TO AT OR BELOW THE MAXIMUM STORAGE PURCHASED (THE CURRENT PLAN SIZE). IF NO
ACTION IS TAKEN WITHIN THREE (3) DAYS YOUR ACCOUNT WILL BE AUTOMATICALLY CHARGED FOR THE
ADDITIONAL STORAGE SPACE AND YOUR RECURRING PLAN WILL BE UPGRADED TO THE NEXT
LARGEST PLAN THAT ACCOMMODATES THIS STORAGE SPACE. FILESANYWHERE IS NOT
RESPONSIBLE FOR EMAIL RECEPTION, THEREFORE YOU ARE RESPONSIBLE FOR KEEPING TRACK
OF THE SIZE OF YOUR STORAGE USED.
21. Automatic Renewal of Account and Recurring Charges. Unless specifically
agreed upon in writing between the Account Holder and FilesAnywhere at the commencement
of a subscription term, or unless Account Holder notifies FilesAnywhere via phone or in writing of service cancellation with confirmation from a
FilesAnywhere representative prior to the
conclusion of the term, at the conclusion of any service term, whether monthly,
yearly, or otherwise, FilesAnywhere will automatically renew the service for the
same term and will charge the Account Holder's Paypal account or credit card on
the first day of the renewal term. For all FilesAnywhere Account users paying by
Paypal or any credit card, you authorize a recurring monthly or annual charge to
your Paypal account or credit card in exchange for the use of the service and remote
drive space, according to the selected monthly or annual plan. Your Paypal or credit
card statements will keep you informed of account status and you will not receive any
further invoices or statements from FilesAnywhere for as long as you are enrolled in the
service. The FilesAnywhere service can be discontinued by notifying FilesAnywhere via phone or in writing prior to the next billing period. Charges will
appear on statements as FilesAnywhere. If any Paypal account or credit card information
is found to be invalid, or if the Paypal account or credit card expires, you will be
given 5 days from date of notification to correct the Paypal account or credit card
information before the service is suspended.
All matters concerning billing can be submitted by email:
by fax: (214) 445-0344, by mail: FilesAnywhere Subscription Services, 3301 Airport Freeway, Floor 2 Suite 200, Bedford, TX 76021 ;
by Phone: 1 (972) 893-3301 Mon-Fri, 7am-7pm Central Time, or Toll-free: 1-(888)-661-6565.
22. Payment Terms.
If payment is not made on the plan billing date there is a ten (10) day grace period to correct
the credit card information on file and post a payment to the account. After the ten (10) day
grace period, nonpayment may result in suspension of service and subsequent termination of your
23. Payment Terms for Corporate Accounts
Any unpaid charges will accrue late fees after 30 days at the rate of 2% of the unpaid balance
payable per month, each month. Failure to pay a past due amount is considered a material breach
of contract and may result in suspension of service and subsequent termination of your service
24. Residents within the European Union. By using the FilesAnywhere service, residents of the European Union consent to the processing of personal information in the United States.
26. Disputes. Any dispute relating in any way to your visit to FilesAnywhere.com or use of the FilesAnywhere service in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Dallas County, Texas, and you consent to exclusive jurisdiction and venue in such courts. You further agree that any claim, cause or action related to the Service or this Agreement must be filed within one (1) year after such claim arose. The headings used to describe the sections of this Agreement are solely for descriptive purposes. They do not imply or refer to a specific legal description or obligation.
27. Email Communications. By agreeing to the Terms of Service, you are agreeing to receiving email communications from FilesAnywhere.com, which may include account notifications, billing notifications, and promotional notifications.
Thank you for choosing FilesAnywhere!
Licensed under U.S. Patent No. 6,321,254.