Terms of ServiceEffective: 1-Feb-2006
This Agreement is between DetachPipe.com, Inc. ("DetachPipe.com") and you ("you" or "Customer"), as an authorized user of DetachPipe.com Services, and governs the terms and conditions of your use of DetachPipe.com Services. This Agreement, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time by DetachPipe.com (collectively, the "Agreement"), constitutes the entire agreement between DetachPipe.com and you regarding DetachPipe.com Services, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement. Notwithstanding the foregoing, your use of any software provided by DetachPipe.com related to the Services shall be pursuant to a separate agreement governing Customers' use of such software. For purposes of this Agreement, "DetachPipe.com Services" or "Services" are defined as any and all services provided by DetachPipe.com to you either now or in the future. By using DetachPipe.com Services, you confirm your acceptance of, and agree to be bound by, this Agreement.
Definition of Terms
a. DetachPipe.com, Inc. is referred to herein as "DetachPipe.com," "we," "us," or "our."Description of Service
b. You, as the user, are referred to herein as "you," "user," "subscriber," "client," or "customer."
c. The equipment and software owned, leased, used by, or maintained for or by DetachPipe.com are referred to herein as "the DetachPipe.com system" or "system."
d. User files and file content are referred to herein as user files.
e. Information stored in and/or gathered by DetachPipe.com's system about the user, user's files, and user's system usage (user's meta-information) are referred to herein as "user data."
DetachPipe.com provides Internet-based data storage at its Website www.DetachPipe.com. Individually, the Services are:
DetachPipe.com Paid includes but is not limited to: (i) 50MB of online storage space (ii) sharing functionality. DetachPipe.com Paid is hereinafter referred to as "Paid" or "Paid Service".
DetachPipe.com Free includes but is not limited to: (i) 10MB of online storage space (ii) sharing functionality.
DetachPipe.com Free is hereinafter referred to as "Free" or "Free Service". DetachPipe.com Free is an evaluation license available for 30 days.
As a Paid Service Customer, you will receive usage of all the services mentioned above.
PLEASE NOTE, HOWEVER, THAT YOUR USE OF THE SERVICE IS SUBJECT TO DETACHPIPE.COM’S "FAIR USE" POLICY. YOU WILL BE IN VIOLATION OF THIS POLICY IF, WITHIN ANY MONTH, YOUR USAGE GREATLY EXCEEDS THE AVERAGE LEVEL OF MONTHLY USAGE OF DETACHPIPE.COM’S PAID SUBSCRIPTION CUSTOMERS GENERALLY. FOR PURPOSES OF THIS POLICY, "USAGE" MEANS THE TOTAL AMOUNT OF BANDWIDTH GENERATED BY ALL YOUR ATTACHMENTS, AS DETERMINED BY US IN OUR SOLE DISCRETION.
IN THE EVENT YOU ARE DEEMED TO HAVE VIOLATED THIS POLICY, A DETACHPIPE.COM REPRESENTATIVE WILL ATTEMPT TO CONTACT YOU TO REACH AGREEMENT ON A REVISED PRICING PLAN WHICH WILL PERMIT YOU TO CONTINUE TO USE THIS PAID SUBSCRIPTION SERVICE. HOWEVER, DETACHPIPE.COM RESERVES THE RIGHT TO TERMINATE OR SUSPEND YOUR ACCOUNT WITHOUT PRIOR NOTICE IN THE EVENT OF A POLICY VIOLATION.
Free Service Usage; Fair Use Policy
DetachPipe.com provides the Free Service for the purposes of evaluation, and reserves the right to terminate your Free Service at anytime without notice.
You may use one (1) DetachPipe.com Free Account for 30 days in order to determine whether it meets your needs.
The Free Account is for private, non-commercial, single-home computer use only. Use of a Free Account within any organization or for commercial purposes is strictly prohibited.
YOU UNDERSTAND THAT THE FREE SERVICE IS SUBJECT TO DETACHPIPE.COM’S "FAIR USE" POLICY FOR FREE ACCOUNTS. YOU WILL BE IN VIOLATION OF THIS POLICY IF, WITHIN ANY MONTH, YOUR USAGE GREATLY EXCEEDS THE AVERAGE LEVEL OF MONTHLY USAGE OF DETACHPIPE.COM’S PAID SUBSCRIPTION CUSTOMERS GENERALLY. FOR PURPOSES OF THIS POLICY, "USAGE" MEANS THE TOTAL AMOUNT OF BANDWIDTH GENERATED BY ALL YOUR ATTACHMENTS, AS DETERMINED BY US IN OUR SOLE DISCRETION. IN THE EVENT YOU ARE DEEMED TO HAVE VIOLATED THIS POLICY, DETACHPIPE.COM WILL ATTEMPT TO NOTIFY YOU OF THE VIOLATION VIA EMAIL AND OFFER TO UPGRADE YOU TO A PAID SUBSCRIPTION SERVICE. IF YOU ELECT NOT TO UPGRADE, YOUR ACCOUNT WILL BE TERMINATED. ANY FAILURE BY DETACHPIPE.COM TO ENFORCE THIS POLICY WILL NOT PRECLUDE US FROM ENFORCING IT AT ANYTIME IN THE FUTURE, WHETHER FOR PAST OR CURRENT VIOLATIONS.
You will have the option to subscribe for additional services that DetachPipe.com offers as described on the DetachPipe.com Website, all subject to the terms of this Agreement or another agreement specific to those additional services.
To use the Service, you must fill out and submit a complete DetachPipe.com registration form, which is available at http://www.DetachPipe.com (the "Registration Form"). As part of the registration process for the Service, you agree to: (1) provide certain limited information about you as prompted to do so by the Service (such information to be current, complete and accurate) and (2) maintain and update this information as required to keep it current, complete and accurate. The information requested on original signup shall be referred to as registration data ("Registration Data"). If DetachPipe.com discovers that any of your Registration Data is inaccurate, incomplete or not current, DetachPipe.com may terminate your right to access and receive the service immediately upon notice. DetachPipe.com will evaluate the registration application in good faith and will notify you in a timely manner regarding acceptance or rejection. DetachPipe.com may reject a registration application if it determines, in its sole discretion, that the user is not an appropriate subscriber or user of the Service. DetachPipe.com reserves the right to refuse the Service to any user who has cancelled any number of previous Service accounts. DetachPipe.com need not provide a reason for its rejection. If DetachPipe.com rejects your application, then you may reapply and DetachPipe.com will reconsider the application.
Incomplete Signup Emails
If you begin the sign up process for DetachPipe.com Services but fail to complete the process, DetachPipe.com may contact you one (1) time via email in an effort to help successfully guide you through this process. You hereby authorize DetachPipe.com to make such contact, even if you ultimately determine not to sign up for DetachPipe.com Services.
DetachPipe.com grants you a personal, non-exclusive, non-transferable license to use the products and software contained in or made available through the Service (the "Content") solely for your own internal purposes. All rights not expressly granted by DetachPipe.com to you are retained.
You are permitted to store, manipulate, analyze, reformat, print, and display the Content only for your personal use. Unauthorized use of the Service, or the resale of the Services without DetachPipe.com's prior written consent, is expressly prohibited. You shall not copy, license, sell, transfer, transmit, make available, distribute, publish, or assign this license or the Content in any format to any third party.
Third Party Interaction
In your use of the Service, you may enter into correspondence with, purchase goods and/or services, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. DetachPipe.com shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.
Links to Third Party Sites
DetachPipe.com does not endorse any sites on the Internet that are linked through the Service. DetachPipe.com is providing these links to you only as a matter of convenience, and in no event shall DetachPipe.com be responsible for any content, products, or other materials on or available from such sites.
A user account is required to access the Service and may be accessed and used only by those authorized individuals who are registered with DetachPipe.com. To open a user account, you or your company must complete the registration process by providing DetachPipe.com with current, complete and accurate information as prompted by the registration form. In registering for the Service, you agree to submit accurate, current and complete information about you and promptly update such information. Should DetachPipe.com suspect that such information is untrue, inaccurate, not current or incomplete, DetachPipe.com has the right to suspend or terminate your usage of the Service. You will choose a personal, non-transferable password. User accounts cannot be "shared" or used by more than one individual.
You are solely responsible for any and all activities that occur under your account and ensuring that you exit or log-off from your account at the end of each session of use. You shall notify DetachPipe.com immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. You shall also use your best efforts to stop immediately any copying or distribution of Content that is known or suspected by you. DetachPipe.com shall not be responsible for any unauthorized access to, or alteration of, your transmissions or data, any material, information or data sent or received, regardless of whether the data is actually received by DetachPipe.com, or any transactions entered into through the Service or failure to abide by this Agreement. Your Account is subject to 'Fair Use'. DO NOT MISUSE OR ABUSE OUR SYSTEM OR OUR SYSTEM RESOURCES (I.E. BANDWIDTH). YOUR ACCOUNT WILL BE IMMEDIATELY TERMINATED.
Account Information and Data
DetachPipe.com does not own any data, information or material that you submit to the Service or store in your account ("Data"). DetachPipe.com will not monitor, edit, or disclose any information regarding you or your account, including any Data, without your prior permission except in accordance with this Agreement. Please be aware that DetachPipe.com does provide certain user registration and statistical information such as usage or user traffic patterns in aggregate form to third parties but such information will not include personally identifying information and that your Internet protocol address is not transmitted with each message sent from your DetachPipe.com account. DetachPipe.com may access your account, including its Data, to respond to service or technical problems or as stated in this Agreement. You, not DetachPipe.com, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Data and DetachPipe.com shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data.
Activity of Account
If user does not access his or her account for a period of sixty (60) days or more, DetachPipe.com may (in its own discretion) remove and/or purge user's data and account from the system. At its own discretion, DetachPipe.com may make at least two attempts, at least fifteen (15) days prior to deletion, to alert user of the pending deletion via his/her provided e-mail address. User agrees and acknowledges that no other notification is necessary and that e-mail provides an entirely adequate, sufficient, and complete means by which notice may be given user by DetachPipe.com. If user does not respond to DetachPipe.com, DetachPipe.com will deem the account abandoned and user's data may be immediately purged from the system. DetachPipe.com advises users to please keep their accounts and contact data current and in use or they will be purged.
While DetachPipe.com endeavors to prevent viable accounts and data from being purged prematurely, DetachPipe.com is under no obligation to maintain abandoned accounts. User agrees that lack of activity for sixty (60) days or more conclusively indicates that user's account is abandoned and that all data associated with the account may be deleted and/or purged.
DetachPipe Free accounts are purged of all data at the end of the 30 day evaluation if they have not been upgraded to a Paid Account.
Payment of Fees
DetachPipe.com offers its Service, as described on the DetachPipe.com website (www.DetachPipe.com), for monthly or annual fees (the "Fees") which you will pay to DetachPipe.com by authorized credit card or verified PayPal account. DetachPipe.com reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by email). In the event you cancel the Service, DetachPipe.com will not refund any Fees already paid by you.
Your DetachPipe.com account will be considered delinquent if your credit card company refuses for any reason to pay the amount billed to it and that amount remains unpaid at the beginning of the next accounting cycle. The Service may be suspended, archived or purged from system if account is delinquent for more than one billing cycle. DetachPipe.com may impose a charge to restore archived data from delinquent accounts.
If you believe DetachPipe.com has billed you incorrectly, you must contact DetachPipe.com no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit.
DetachPipe.com may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by DetachPipe.com thirty (30) days after the mailing date of the invoice, or the Service may be terminated. Unpaid invoices are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, plus all expenses of collection.
You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with the Service. In addition, without limitation, you agree not to use the Service to: (a) use information from the Service in connection with sending unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (c) transmit through or post on the Service unlawful, harassing, libelous, abusive, tortious, defamatory, threatening, harmful, invasive of another's privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (d) transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity; (e) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots; (f) interfere with or disrupt servers or networks connected to the Service or violate the regulations, policies or procedures of such networks; (g) attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service; or (h) harass or interfere with another user's use and enjoyment of the Service.
DetachPipe.com has no obligation to monitor the Service and/or Content or any user's use thereof or retain the content of any user session. However, DetachPipe.com reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
DetachPipe.com, in its sole discretion, may terminate your account or use of the Service and remove and discard any Data within the Service if you fail to comply with this Agreement. You may terminate your user account upon notice to DetachPipe.com at any time; however, you will not receive a refund of any portion of your fees paid to DetachPipe.com. Upon termination you will no longer have access to any Data stored in your account.
Except for the licenses granted herein, you have no right, title or interest in or to the Service or any Content. You agree that DetachPipe.com or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to the Service and Content, including, without limitation, text, images, and other multimedia data. DetachPipe.com and/or other DetachPipe.com products and services referenced herein are either trademarks or registered trademarks of DetachPipe.com.
You agree that in no circumstances will copyrighted materials (for example, copyrighted music files) be uploaded and/or shared through the DetachPipe.com service. DetachPipe.com retains the right to terminate an account that contains copyrighted music or other copyrighted material that has not been legally obtained. In addition, DetachPipe.com does not permit sharing copy-protected works including copyrighted music files.
You shall indemnify and hold DetachPipe.com and its parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with your use of the Service (including the Content) or breach of this Agreement.
Disclaimer of Warranties
DETACHPIPE.COM MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. DETACHPIPE.COM DOES NOT REPRESENT OR WARRANT THAT: (I) THE USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (II) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (IV) ERRORS OR DEFECTS WILL BE CORRECTED, (V) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY DETACHPIPE.COM.
Limitation of Liability
IN NO EVENT SHALL DETACHPIPE.COM'S AGGREGATE LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL DETACHPIPE.COM BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO YOUR USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, EVEN IF DETACHPIPE.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
Local Laws and Export Control
DetachPipe.com operates this Service from its location in the United States of America and is subject to the United States Export Administration Laws and Regulations. DetachPipe.com makes no representation that the Service is appropriate or available for use in other locations. If you use the Service from outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to United States law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor is or will be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the United States Government for such purposes. You shall comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
Modification to Terms
DetachPipe.com reserves the right to change the terms and conditions of this Agreement or its policies relating to the Service at any time and shall notify you by posting an updated version of this Agreement on the Service and/or by sending you an email message. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
This Agreement will be governed by the law of Victoria, Australia, without regard to the choice or conflicts of law provisions of any jurisdiction. You shall bring all disputes, actions, claims, or causes of action related to this Agreement or in connection with the Service only in the federal and state courts located in Melbourne, Australia. No text or information set forth on any other purchase order, preprinted form or document shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and DetachPipe.com as a result of this agreement or use of the Service. The failure of DetachPipe.com to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by DetachPipe.com in writing. DetachPipe.com has the right to assign any or all of its rights and obligations under this Agreement at any time. This Agreement comprises the entire agreement between you and DetachPipe.com and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.