Terms of Service
Effective from: 19 October 2004
NOTE: BY USING OSIX (http://www.osix.net) YOU AGREE TO THE FOLLOWING
TERMS AND CONDITIONS.
This Agreement is between the provider of OSIX Services ("The Host"), and You ("You" or
"Customer"), as an authorized user of OSIX Services, and governs the
terms and conditions of your use of OSIX 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 The Host (collectively, the "Agreement"),
constitutes the entire agreement between You and The Host regarding OSIX
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 The Host related to the
Services shall be pursuant to a separate agreement governing Customers'
use of such software. For purposes of this Agreement, "OSIX Services" or
"Services" are defined as any and all services provided by The Host to You
either now or in the future. By using OSIX Services, you confirm your
acceptance of, and agree to be bound by, this Agreement.
Definition of Terms.
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a. "Mr R. DeMenna" is referred to herein as "The Host," "we," "us," or "our."
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b. You, as the user, are referred to herein as "You," "user,"
"subscriber," "client," or "customer."
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c. The equipment and software owned, leased, used by, or maintained
for or by The Host are referred to herein as "the OSIX system" or "system."
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d. User files, directory structure, and file content are referred to
herein as "User Files."
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e. Information stored in and/or gathered by the OSIX system about the
user, user's files, and user's system usage (user's meta-information)
are referred to herein as "User Data."
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f. "OSIX Staff" are those people with administrator level access to
the OSIX System.
Description of Service.
The Host is in the business of providing Internet-based data storage
resources. It is our goal to provide You with access to data storage resources
available through the Internet. We want you to have the best possible
experience in dealing with The Host and using OSIX's services.
The Host offers the Services at its Website www.osix.net Individually, the
Services are:
1. OSIX Drive Standard
OSIX Drive Standard includes but is not limited to: (i) 500kb of online storage space (ii) sharing functionality.
2. OSIX Drive Premium
OSIX Drive Premium includes but is not limited to: (i) 2MB of online storage space (ii) administrative functionality (v) sharing functionality.
OSIX Drive Standard; Fair Use Policy.
The Host provides the OSIX Drive Standard as an accommodation to you, and
reserves the right to terminate your Service at anytime without notice.
The OSIX Drive Standard Service and all software associated with it is
for PERSONAL, NON-COMMERCIAL USE ONLY, AND EACH CUSTOMER IS LIMITED TO
ONE (1) FREE OSIX ACCOUNT. If you intend to use the Service for
commercial use, or you or your company desire more than one (1) Free
OSIX account, then you must, and you agree to, upgrade to a paid
Service. Notwithstanding our Privacy Policy, The Host has the right to
disclose the email address and domain of OSIX Drive Standard Service
Customers to OSIX Staff in order to monitor compliance with, and enforce the
limitations set forth in this paragraph. If OSIX ultimately determines,
in its sole discretion that you have violated the foregoing limitations
on the Free Service or any associated software, OSIX reserves the right
to immediately terminate your Service.
YOU UNDERSTAND THAT THE OSIX Drive Standard Service IS SUBJECT TO THE HOST'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 THE HOST'S PAID SUBSCRIPTION CUSTOMERS GENERALLY.
FOR PURPOSES OF THIS POLICY, "USAGE" MEANS THE TOTAL AMOUNT OF BANDWIDTH
A FILE/FOLDER HOSTED AND SHARED FROM OUR SERVICE GENERATES, AS
DETERMINED BY US AT OUR SOLE DISCRETION. IN THE EVENT YOU ARE DEEMED TO
HAVE VIOLATED THIS POLICY, THE HOST WILL ATTEMPT TO NOTIFY YOU OF THE
VIOLATION VIA EMAIL, YOUR ACCOUNT WILL BE TERMINATED. ANY FAILURE BY
THE HOST TO ENFORCE THIS POLICY WILL NOT PRECLUDE US FROM ENFORCING IT AT
ANYTIME IN THE FUTURE, WHETHER FOR PAST OR CURRENT VIOLATIONS.
Registration
To use the Service, you must submit a complete OSIX registration form,
which is available at http://www.osix.net (the "Registration Form"), on
your behalf. 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 must 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 The Host discovers that any of your Registration Data is
inaccurate, incomplete or not current, The Host may terminate your right to
access and receive the service immediately upon notice. The Host will
evaluate the registration application in good faith and will notify you
in a timely manner regarding acceptance or rejection. The Host 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. The Host
reserves the right to refuse the Service to any user who has canceled
any number of previous Service accounts. The Host need not provide a reason
for its rejection. If The Host rejects your application, then you may
reapply and The Host will reconsider the application. Upon acceptance of
this agreement and completion of the registration process you will have
opened an account with The Host and will become a subscriber to the OSIX
Service.
Non-Transferable Membership.
The Host 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 The Host to you are retained.
Restrictions.
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 The Host'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. The Host 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.
The Host does not endorse any sites on the Internet that are linked through
the Service. The Host is providing these links to you only as a matter of
convenience, and in no event shall The Host be responsible for any content,
products, or other materials on or available from such sites.
User Accounts.
A user account is required to access the Service and may be accessed and
used only by those authorized individuals who are registered with The Host.
To open a user account, you or your company must complete the
registration process by providing The Host 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 The Host suspect that such information is untrue, inaccurate, not
current or incomplete, The Host 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.
User Responsibilities.
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 The Host
immediately of any unauthorized use of your password or account or any
other breach of security that is known or reasonably 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. The Host 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 The Host,
or any transactions entered into through the Service or failure to abide
by this Agreement. DO NOT MISUSE OR ABUSE OUR SYSTEM OR OUR SYSTEM
RESOURCES (I.E. BANDWIDTH). YOUR ACCOUNT WILL BE IMMEDIATELY TERMINATED.
Account Information and Data.
The Host does not own any data, information or material that you submit to
the Service or store in your account ("Data"). The Host 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. OSIX Staff and The Host may access your account, including
its Data, to respond to service or technical problems or as stated in this
Agreement. You, not The Host, shall have sole responsibility for the accuracy,
quality, integrity, legality, reliability, appropriateness and copyright of all
Data and The Host 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 one hundred
and twenty (120) days or more, The Host may (in its own discretion) remove
and/or purge user's data and account from the system. At its own
discretion, The Host 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 an attempt to provide notice by
e-mail provides an entirely adequate, sufficient, and complete means by
which notice may be given to a user by The Host. If user does not respond to
The Host, The Host will deem the account abandoned and user's data may be
immediately purged from the system. The Host advises users to please keep
their accounts and contact data current and in use or they will be purged.
While The Host endeavors to prevent viable accounts and data from being
purged prematurely, The Host is under no obligation to maintain abandoned
accounts. User agrees that lack of activity for one hundred and twenty
(120) 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.
User Conduct.
You agree to abide by all applicable local, state, national and foreign
laws, treatises 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,
harassing, tortious, defamatory, threatening, harmful, abusive,
libelous, 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,
through password mining or any other means; or (h) harass or interfere
with another user's use and enjoyment of the Service.
The Host 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,
The Host 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.
Termination.
The Host, in its sole discretion, may terminate your password, 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 The Host at any time; however, you will not receive a
refund of any portion of your reward points paid to The Host. Upon
termination by The Host or at your direction, you may request a file of your Data, which
The Host will make available for 100 reward points. You must make such
request at the
notification of termination to receive such file within (30) days of
termination. Upon termination of an account, your right to use such
account and the Service immediately ceases. The Host shall have no
obligation to maintain any Data stored in your account or to forward any
Data to you or any third party.
Proprietary Rights.
Except for the licenses granted herein, you have no right, title or
interest in or to the Service or any Content. You agree that The Host 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.
Indemnification.
You shall indemnify and hold The Host 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.
THE HOST MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE
RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY,
ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. THE HOST 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
THE HOST.
Limitation of Liability.
IN NO EVENT SHALL THE HOST 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 OSIX HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Additional Rights.
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.
The Host controls and operates this Service from its location in the United
States of America and is subject to the United States Export
Administration Laws and Regulations. The Host 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.
The Host 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.
General.
This Agreement will be governed by United States federal law, 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 Los Angeles, California. 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
The Host as a result of this agreement or use of the Service. The failure of
The Host 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 The Host in writing. The Host 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 The Host and
supersedes all prior or contemporaneous negotiations, discussions or
agreements, whether written or oral, between the parties regarding the
subject matter contained herein.
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Copyright Open Source Institute, 2006 
