Terms Of Service
TERMS OF SERVICE AGREEMENT
A2Z IT Systems LTD.
1. ACCEPTANCE OF TERMS
A2Z IT Systems LTD. (“A2Z IT Systems LTD.”) provides its software and service to you subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. You can review the most current version of this TOS at any time at: https://secure.ubiqshare.com/support/tos.
2. DESCRIPTION OF SERVICE
A2Z IT Systems LTD. provides you the use of its “UbiqShare” software and accompanying service, collectively referred to here as the UbiqShare Solution which allows you to remotely store, manage and share your computer files over the internet. To use the UbiqShare Solution, you must agree that it is provided on an ‘AS-IS’ basis.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the UbiqShare Solution, you represent that you are of legal age to form a binding contract in your country of residence. You also agree to: (a) provide true and accurate information about yourself as prompted by the UbiqShare Solution’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it current and complete. A2Z IT Systems LTD. has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) if you provide any information that is untrue, inaccurate, not current or incomplete or A2Z IT Systems LTD. has a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete.
5. FAIR USAGE, MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the UbiqShare Solution’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify A2Z IT Systems LTD. of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. A2Z IT Systems LTD. cannot and will not be liable for any loss or damage arising from your failure to comply with this, or any other, service term. Accounts are for individual use only. Each account is to be used by one person only and is not to be shared with any other user.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content” or “your Content”), stored under your account are your sole responsibility. This means that you, and not A2Z IT Systems LTD., are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Service. A2Z IT Systems LTD. does not control the Content posted via the Service. Under no circumstances will A2Z IT Systems LTD. be liable for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the UbiqShare Solution. You agree to not use the UbiqShare Solution to:
a. upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm others, in any way;
c. impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
d. upload, post, transmit or otherwise make available any Content that you do not have a right to make available 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);
e. upload, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
f. upload, post, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
g. interfere with or disrupt the UbiqShare Solution or servers or networks connected to the UbiqShare Solution, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
h. intentionally or unintentionally violate any applicable local, state, national or international law;
i. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
j. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through i above.
You acknowledge that A2Z IT Systems LTD. may or may not pre-screen your Content, but that A2Z IT Systems LTD. and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is hosted via the UbiqShare Solution. Without limiting the foregoing, A2Z IT Systems LTD. and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with your Content. You acknowledge, consent and agree that A2Z IT Systems LTD. may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of A2Z IT Systems LTD., its users and the public. You understand that the technical processing and transmission of the UbiqShare Solution, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the UbiqShare Solution and software embodied within the UbiqShare Solution may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by A2Z IT Systems LTD. and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the UbiqShare Solution.
7. DATA COLLECTION
How do we improve our software?
At A2Z IT Systems LTD., we strive to continuously improve the quality of our software. In addition to our development process, we also monitor the quality of our products by collecting information about errors and problems.
The information helps us to diagnose problems so we can further improve our software and service(s).
How do we collect information?
If a problem occurs in our software program, a report is automatically sent to our server. You are not prompted to review the information that is sent out because no personal information is collected
What types of information do we collect?
The reporting service collects information about problems that occur behind the scenes while you work with UbiqShare. It is important to diagnose errors that occur behind the scenes because these problems, if left unsolved, may cause additional problems such as performance or program failures.
Reports contain information that is most useful for diagnosing and solving the problem that has occurred, such as:
• In what part of the software the problem occurred
• Type of the problem
Your Internet Protocol (IP) address is also collected because you are connecting to our servers and to allow you to Theftguard your files.
Reports might unintentionally contain personal information, but this information is not used to identify you.
Who can use the information and how can it be used?
A2Z IT Systems LTD. uses information about errors and problems to improve the software and services. A2Z IT Systems LTD. employees may be provided access to information collected by the reporting service. However, they may use the information only to diagnose and repair issues or improve the A2Z IT Systems LTD. products.
Information storage, processing, and release
Information that we collect may be stored and processed in the United States or Belgium. A2Z IT Systems LTD. abides to the policy regarding the collection, use, and retention of data from the European Union. A2Z IT Systems LTD. may disclose this information if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on A2Z IT Systems LTD.; (b) protect or defend the rights or property of A2Z IT Systems LTD., or (c) act in urgent circumstances to protect the personal safety of A2Z IT Systems LTD. employees, users of UbiqShare software or services, or members of the public.
A2Z IT Systems LTD. occasionally hires other companies to provide limited services on its behalf, such as providing customer support, processing transactions. A2Z IT Systems LTD. will provide these companies only the information they need to deliver the service. They are required to maintain the confidentiality of the information and are prohibited from using it for any other purpose.
A2Z IT Systems LTD. is committed to helping protect the security of the information we collect. The Error Reporting Service uses multiple security technologies and procedures to help protect information from unauthorized access, use, or disclosure. For example, reports are sent to A2Z IT Systems LTD. from your computer using encryption technology. The information is then stored on computer servers with controlled access.
8. INTERSTATE NATURE OF COMMUNICATIONS ON UBIQSHARE NETWORK
When you register with UbiqShare, you acknowledge that in using the UbiqShare Solution to send or store electronic communications (including but not limited to uploading photos and files) you will be causing communications to be sent through UbiqShare or UbiqShare’s third party computer networks, portions of which are located in Europe, and other locations, including, though not limited to, the United States, Asia and Australia. As a result, and also as a result of UbiqShare network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the UbiqShare Solution results in interstate and/or global data transmissions.
9. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Europe, the United States and/or the country in which you reside.
The UbiqShare Solution must not be used in Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia and other countries identified as being under Embargo or to citizens of those countries.
You agree to indemnify and hold A2Z IT Systems LTD. and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through The UbiqShare Solution, your use of The UbiqShare Solution, your connection to The UbiqShare Solution, your violation of the TOS, or your violation of any rights of another.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of The UbiqShare Solution, or access to The UbiqShare Solution, without explicit written permission from A2Z IT Systems LTD..
12. MODIFICATIONS TO SERVICE
A2Z IT Systems LTD. reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, The UbiqShare Solution (or any part thereof) with or without notice. You agree that A2Z IT Systems LTD. shall not be liable to you or to any third party for any modification, suspension or discontinuance of The UbiqShare Solution.
You agree that A2Z IT Systems LTD. may, under certain circumstances and without prior notice, immediately terminate your UbiqShare account and access to The UbiqShare Solution. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c)
a request by you (self-initiated account deletions), (d) discontinuance or material modification to The UbiqShare Solution (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with The UbiqShare Solution. Termination of your UbiqShare account includes (a) removal of access to The UbiqShare Solution, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of The UbiqShare Solution. No refund will be granted for account termination. Further, you agree that all terminations for cause shall be made in A2Z IT Systems LTD.’s sole discretion and that A2Z IT Systems LTD. shall not be liable to you or any third party for any termination of your account or access to The UbiqShare Solution.
14. A2ZITSYSTEMS LTD.’S PROPRIETARY RIGHTS
You acknowledge and agree that The UbiqShare Solution and any necessary software used in connection with The UbiqShare Solution (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to The UbiqShare Solution. You agree not to access The UbiqShare Solution by any means other than through the interface that is provided by A2Z IT Systems LTD. for use in accessing the Service.
You understand that The UbiqShare Solution uses Open Source Software. The source code of the Open Source Software, the modifications by A2Z IT Systems LTD. and the licenses are either distributed with The UbiqShare Solution, or can otherwise be obtained via a request at email@example.com, at no cost. You acknowledge and agree (a) that the Open Source Software distributed with The UbiqShare Solution interacts “at arm’s length” with The UbiqShare Solution, (b) that the source code and licenses have been made available to you and (c) that A2Z IT Systems LTD. does not limit your freedom to distribute copies of, or modify the Open Source Software distributed with The UbiqShare Solution.
15. DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
A. Your use of the UbiqShare Solution is at your sole risk. The UbiqShare Solution is provided on an ‘as is’ and ‘as available’ basis. A2Z IT Systems LTD. and its subsidiaries, affiliates, officers, employees, agents, 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.
B. A2Z IT Systems LTD. and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the service will meet your requirements; (ii) the UbiqShare Solution will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the UbiqShare Solution will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the UbiqShare Solution will meet your expectations; and (v) any
Errors in the software will be corrected.
C. Any material downloaded or otherwise obtained through the use of the UbiqShare Solution is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
D. No advice or information, whether oral or written, obtained by you from A2Z IT Systems LTD. or through or from the UbiqShare Solution shall create any warranty not expressly stated in the tos.
16. LIMITATION OF LIABILITY
You expressly understand and agree that A2Z IT Systems LTD. and its subsidiaries, affiliates, officers, employees, agents, 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 intangible losses (even if A2Z IT Systems LTD. has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the UbiqShare Solution; (ii) the cost of procurement of substitute service. (iii) unauthorized access to or alteration of your transmissions or data; or (iv) any other matter relating to the UbiqShare Solution.
17. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 15 and 16 may not apply to you.
18. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
A2Z IT Systems LTD. may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.
20. TRADEMARK INFORMATION
The terms, “UbiqShare”, “UbiqShare” and “The UbiqShare Solution” are the sole property of A2Z IT Systems LTD..
21. COPYRIGHT NOTICE
MacFUSE is copyright© 2007, 2008, Google Inc. All rights reserved.
Growl is Copyright© 2004, The Growl Project. All rights reserved.
22. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and A2Z IT Systems LTD. and governs your use of the UbiqShare Solution, superseding any prior agreements between you and A2Z IT Systems LTD. with respect to the UbiqShare Solution.
Choice of Law and Forum. The TOS and the relationship between you and A2Z IT Systems LTD. shall be governed by the laws of the country of Belgium without regard to its conflict of law provisions. You and A2Z IT Systems LTD. agree to submit to the personal and exclusive jurisdiction of the courts located within the city of Ghent, Belgium.
Waiver and Severability of Terms. The failure of A2Z IT Systems LTD. to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the UbiqShare Solution or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
(c) 2011 by A2Z IT Systems LTD. – UbiqShare TOS – 20100622
This document was last updated on May 27th, 2018