Description of Service
Subject to MsAmazing.com acceptance of your registration and your compliance with the terms and conditions of this Agreement, MsAmazing.com will provide you with the following service: (a) MsAmazing.com will establish one online storage account in your name on the MsAmazing.com servers (the "Account"); (b) With the 1GB plan MsAmazing.com will allow you free storage of up to 1 GB of data in your Account, or with the pay plans, will allow you to store the data as per the quota set by the plan for a subscription fee, and (c) MsAmazing.com will allow you to view your files in your account from any computer with compatible browser; and (d) In your use of the Service, you are responsible for providing the following: (i) all equipment, such as a computer and modem, necessary to access the World Wide Web; (ii) Your own access to the World Wide Web; and (iii) payment of all telephone or other fees associated with such access. MsAmazing.com provides an extensive range of services. It is possible that one or more of these services may not be available at certain times. Refer to the home page to get the current status on the services.
Conditions of Use
You are solely responsible for the content of all data you store or view from, or attempt to store or view from, your Account and for all transmissions by you from and to your Account. Your use of the Service is subject to all applicable local, state, national and international laws and regulations. You will: (a) not use the Service for any illegal purposes; (b) not use the Service to store, retrieve, transmit or view any file, data, image or program that contains: (i) any illegal pictures, materials or information; (ii) any harassing, libelous, abusive, threatening or harmful, material of any kind or nature; (iii) any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation; (iv) any code or material that violates the intellectual property rights of others; (v) any Windows temporary files of any kind (including, without limitation, any *.p or ~*.* files); or (vi) any viruses, worms, "Trojan horses" or any other similar contaminating or destructive features; (c) comply with United States and other applicable law regarding the exportation and re-exportation of any data or other materials from the United States or other jurisdictions through the Service; (d) not use the Service for any spamming, chain letters or other use that may otherwise disrupt the Service or the networks through which you access and use the Service; (e) comply with all regulations, policies and procedures of networks through which you access and use the Service; and (f) not access or attempt to access any Service account for which You have no access authorization or duplicate, modify, distribute or display any of the data or files from any such account. (g) MsAmazing.com service should not be used to sell digital content to others. It is not a media for dissemination of digital content for commercial purposes. MsAmazing.com may use automated procedures to detect unacceptable level of usage and may immediately disable offending accounts, and the process of detection may vary from time to time, based on misuse detected. MsAmazing.com is NOT a service for storing and disseminating large amounts of data to large number of recipients. It is an Online Storage service. MsAmazing.com is not responsible for any business interruptions that may be caused due to this process.
A note on the concept of overuse over chosen/allocated quota for MsAmazing.com. For usage beyond the opted plan we encourage users to upgrade to one of the higher storage plans from http://www.msamazing.com/membership-plans/ if their usage exceeds the opted plan to avoid the service interruption.
Registration Information/Credit Card Charges
You authorize a recurring monthly or annual charge to your credit card in exchange for use of the MsAmazing.com service as indicated by published standard plans or a customized quote provided for your specific use. You also agree that the enrollment for the next service period is automatic. Refunds are currently not offered, however this may change in the future.Use of IP Addresses
An IP address is a number that is automatically assigned to your computer whenever you are surfing the Web. MsAmazing.com may collect IP addresses for the purposes of system administration, to audit the use of our site. We can and will use IP addresses to identify a user when we feel it is necessary to enforce compliance with our house rules or terms of service or to protect our service, site, customers, or others. Some services and Emails sent from MsAmazing.com, such as registration related ones, may display IP addresses along with the message.
Account and Password
After you accept this Agreement and your registration has been accepted by MsAmazing.com, your Account will be established. You are solely responsible for any consequences arising out of your failure to maintain the confidentiality of your Password/encryption password. You will notify MsAmazing.com of any unauthorized use or other breaches in security of your Account immediately after you learn of the same.
Security of Stored Data and Files
MsAmazing.com will endeavor to restrict access to the files you store or retrieve from your Account to persons accessing such files through use of your Account or Password. However, no password-protected system of data storage and retrieval can be made entirely impenetrable. Accordingly, you hereby acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify and distribute the files you store in your Account. For maximum privacy and security, we recommend that you not share your password with anyone.
Multiple accounts per user are not allowed. However if you would like an additional account for any reason you will have to upgrade every other account to avoid service interruption, We reserve the right to ban or merge excess accounts (with or without informing you) as we see fit.
Inactive Free Membership Accounts
All free accounts must be accessed at least once per 90 day period of the last successful connection to avoid automatic deletion.
Content of Stored Data and Files
You are solely responsible for (a) obtaining sufficient rights to the content of all files stored by you on MsAmazing.com servers and (b) ensuring that such content does not include any of the items listed in paragraph 2 above. MsAmazing.com normally does not review, inspect, edit or monitor any content, data or files stored by you or any other user of the Service, including, without limitation, for viruses, worms, "Trojan horses" or any other similar contaminating or destructive features. However, if MsAmazing.com has suspicion that an account is being used for storage and distribution of any illegal material such as copy-righted content, MsAmazing.com reserves the right to examine the content of the online storage and backup account. MsAmazing.com may also access the account and data for support related activities. For absolute privacy, we recommend use of password known only to the user in addition to the basic account credentials. MsAmazing.com may be asked to provide user data and logs as a part of a legal issue in a third party case by a court order or a subpoena, discovery request or other lawful process that may override privacy rules. MsAmazing.com may comply with these subpoenas or court orders with or without notice to the subscriber. MsAmazing.com reserves the right to refuse, remove or disable access to any data or files stored on MsAmazing.com's servers with immediate effect that MsAmazing.com learns may be illegal, may violate the terms of paragraph 2 above, may violate the rights of any third party or otherwise may be reasonably objectionable.
Disclaimer of Warranties
The transmission, storage, viewing and retrieval of data and files through the World Wide Web is subject to a variety of conditions that make such transmission, storage, viewing and retrieval potentially unreliable. ACCORDINGLY, YOUR USE OF YOUR ACCOUNT AND THE SERVICE IS AT YOUR SOLE RISK. YOUR ACCOUNT AND THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. MSAMAZING.COM, ON BEHALF OF ITSELF AND ITS DISTRIBUTORS, ADVERTISERS AND SUPPLIERS, DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO YOUR ACCOUNT AND THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT). YOUR ACCOUNT AND THE SERVICE MAY NOT MEET YOUR NEEDS. MSAMAZING.COM MAKES NO REPRESENTATION OR WARRANTY: (A) THAT YOUR ACCOUNT OR THE SERVICE WILL MEET YOUR NEEDS; (B) THAT ACCESS TO YOUR ACCOUNT OR THE SERVICE WILL BE TIMELY, ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE; (C) THAT THE DATA AND FILES YOU STORE IN YOUR ACCOUNT WILL NOT BE LOST OR DAMAGED; (D) THAT THE DATA ON YOUR DESKTOP OR SERVER WILL NOT BE LOST OR DAMAGED; OR (E) THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ANY MATERIAL OR DATA YOU RETRIEVE THROUGH THE USE OF THE SERVICE IS DONE AT YOUR CHOICE AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE RETRIEVAL OF SUCH MATERIAL OR DATA.
Limitations of Liability
IN NO EVENT SHALL MSAMAZING.COM OR ITS ADVERTISERS OR SUPPLIERS HAVE ANY OBLIGATION OR LIABILITY TO YOU FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR DATA OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE OR PROFITS OR BUSINESS INTERRUPTION) OR OTHER PECUNIARY LOSS ARISING OUT OF YOUR USE OR INABILITY TO USE YOUR ACCOUNT OR THE SERVICE OR YOUR LOSS OF DATA OR FILES STORED THEREIN.
You will defend, indemnify and hold MsAmazing.com, its parents, subsidiaries, affiliates, agents, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of (a) your use of your Account and the Service, (b) any data files and content stored by you in your Account and otherwise on the MsAmazing.com servers and (c) any violation of this Agreement by You.
Either you or MsAmazing.com may terminate this Agreement with or without cause at any time by giving notice of such termination to the other in the manner described in the paragraph below. Further, if MsAmazing.com believes that you have violated your obligations under this Agreement, MsAmazing.com may, at its option and in addition to its other remedies, immediately and without notice, suspend your Account, remove and destroy data and files stored by you on MsAmazing.com's servers and/or terminate this Agreement. MsAmazing.com will not be liable to you or any third party for any suspension or termination of your Account or the Service. Should you object to any terms and conditions of this Agreement or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately: (a) discontinue use of the Service; (b) terminate this Agreement; and (c) notify MsAmazing.com of such termination. Upon any termination of this Agreement, MsAmazing.com will remove your stored data files from main storage and archives in a timely manner-. Paragraphs 7,8, 9, 10, 11, 12, 13 and 14 of this Agreement (and any other provision that can be reasonably construed to survive termination) will survive termination of this Agreement.
Any notice under this Agreement given by MsAmazing.com to You will be deemed to be properly given if sent by email to Your email address as set forth in the Registration Information, or by a startup screen that starts before your next use of the Service or by written communication mailed by first class U.S. mail to your address on record in the Registration Information or by a display about the changed information in the agreement on the index page if the change is generic. It is important that you maintain a correct working email id and update it if necessary to be able to receive MsAmazing.com's communication. Any notice under this Agreement given by you to MsAmazing.com will be deemed to be properly given if received by email sent to MsAmazing.com Customer Service at firstname.lastname@example.org, except those that are related to cancellation or termination of the account. User is expected to login online at http://www.msamazing.com, go to 'My Profile', choose 'Cancel Account' and provide necessary information for cancellation. Sending an email to email@example.com for cancellation is not considered as a cancellation notice for security reasons. On successful cancellation of account by the user, or by Msamazing.com due to various reasons including non-payment for the services, user data files will be removed after one month.
This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable under applicable law to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of this Agreement.
Modifications to this Agreement
The terms and conditions of this Agreement may be changed by MsAmazing.com from time to time. Upon any such change, MsAmazing.com will notify you of such change in accordance with the paragraph above and post an updated version of this Agreement on the MsAmazing.com website located at http://www.msamazing.com. Your use of any Services after such notification will constitute your acceptance of such changed terms and conditions.
Your right to use the Service is personal to you, and you will not assign any of your rights, obligations or interest in this Agreement or your Account. Without limiting the foregoing, this Agreement is binding upon and inures to the benefit of the parties and their respective successors and assigns. MsAmazing.com's failure to insist upon or enforce strict performance of any provision or right of this Agreement will not be construed as a waiver of any provision or right. This Agreement will be governed by the laws of the State of New Jersey, without regard to its conflict of laws rules. The provisions of the U.N. Convention on Contracts for the International Sale of Goods and any successor treaties will not apply. You consent to the venue and exclusive jurisdiction of the state and federal courts located in Essex County, New Jersey, U.S.A., with regard to any claim arising under or otherwise occurring by reason of this Agreement or Your use of the Service or Your Account. You will commence any claim or cause of action arising under or otherwise occurring by reason of this Agreement within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes any and all prior and contemporaneous understandings and agreements.