By visiting and/or otherwise using allwaycloud.com website, including all web content, software, programming interfaces and services available through the allwaycloud.com domain name or co-branded websites (collectively referred to herein as "AllwayCloud.com"), you signify your acceptance of both these terms and conditions published at http://allwaycloud.com/terms.html and the terms and conditions of the privacy notice published at http://allwaycloud.com/privacy.html, and which are incorporated herein by reference. If you do not accept any of these terms you are prohibited from using and/or visiting AllwayCloud.com.
AllwayCloud.com is an online file storage service that is designed to allow Internet users upload and download their data. These Terms and Conditions apply to all users of AllwayCloud.com regardless of method they access AllwayCloud.com. AllwayCloud.com may contain links to third party websites that are not owned or controlled by AllwayCloud.com owner. AllwayCloud.com owner has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. Further, AllwayCloud.com owner is not responsible for content integrated and/or transmitted into AllwayCloud.com pages from other sites, including but not limited to web frames, script files, webcasting or AJAX data loaded from other domains.
B. In order to access most features of AllwayCloud.com, you will have to create an account. You may never: (i) use another's account without permission; or (ii) transfer your AllwayCloud.com account to another party without consent of AllwayCloud.com owner. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You agree to notify AllwayCloud.com immediately of any breach of security or unauthorized use of your account using contact information provided at http://allwaycloud.com/contacts.html. Although AllwayCloud.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of AllwayCloud.com or others due to such unauthorized use.
C. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of AllwayCloud.com or with any other person's use of it. You may not attempt to gain unauthorized access to any portion or feature of AllwayCloud.com, by hacking, password "mining" or any other illegitimate means. Further, you agree not to use or launch any automated system, including, but not limited to "robots," "spiders," "offline readers," etc., that imposes (in AllwayCloud.com sole discretion) an unreasonable or disproportionately large load on AllwayCloud.com servers. However, AllwayCloud.com owner grants the operators of public search engines permission to use spiders to copy web materials from the site for the sole purpose of enabling online search for AllwayCloud.com content.
The content on AllwayCloud.com, except all materials submitted by users, are owned by or licensed to AllwayCloud.com owner, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on AllwayCloud.com is provided AS IS and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Notwithstanding the foregoing, AllwayCloud.com permits you to place web links referring AllwayCloud.com pages and include AllwayCloud.com logo in your link provided you agree to cease such link upon request from AllwayCloud.com.
A. AllwayCloud.com may allow users storing of various data, such as computer files and folders, ("User Data") on AllwayCloud.com or partner Internet servers. Also AllwayCloud.com may allow uploading, downloading, accessing, sharing and publishing of User Data. All manipulations with User Data can be done via client software accessing AllwayCloud.com Internet API (Application Programming Interface) or via a web browser navigating AllwayCloud.com web interface. However, AllwayCloud.com is under no obligation to post or otherwise use User Data and may remove any of your User Data at any time in AllwayCloud.com's sole discretion.
B. AllwayCloud.com makes a reasonable effort to protect and secure User Data not intended for publishing. However, you understand and agree that whether or not such User Data are published, AllwayCloud.com owner does not guarantee any confidentiality or security of this data.
D. You agree that you will not upload User Data that is: (i) copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you have permission from their rightful owner to post the material and to grant AllwayCloud.com owner all of the license stipulated in this agreement.; (ii) misrepresentation, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or is otherwise inappropriate; or (iii) violates any applicable local, state, national or international law, regulation or convention, including without limitation those related to data privacy, international communications, and exportation of technical or personal data.
E. AllwayCloud.com does not endorse any User Data and AllwayCloud.com expressly disclaims any and all liability in connection with User Data. AllwayCloud.com is not responsible for the accuracy, integrity, usefulness, safety, or intellectual property rights of or relating to such User Data. You further understand and acknowledge that you may be exposed to User Data that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against AllwayCloud.com with respect thereto, and agree to indemnify and hold AllwayCloud.com, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of AllwayCloud.com.
G. In particular, if you are a copyright owner or an agent thereof and believe that any User Data or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing AllwayCloud.com owner's Registered Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
iv. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
v. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications of claimed infringement must be submitted to AllwayCloud.com owner's Registered Agent using the address published at http://allwaycloud.com/agent.html. You acknowledge that if you fail to comply with all of the requirements of this Section 5(G), your DMCA notice may not be valid.
In order to use most AllwayCloud.com services you will be required to register at AllwayCloud.com and and obtain a User ID and password. You may not have a User ID that is vulgar, attempts to impersonate another person or violates the rights of others. AllwayCloud.com also may reject any User ID that AllwayCloud.com determines is unacceptable for use.
A. Users are allowed to use some AllwayCloud.com services free of charge, subject to current limitations as described at http://allwaycloud.com/rates.html These limitations may be changed at any time without notice or obligation on the part of AllwayCloud.com. Certain premium features, such as additional storage space, additional traffic, customer support, etc., are available only with fee-based services.
B. AllwayCloud.com reserves the right to cancel or suspend free services at any time or impose fees for such services. Also AllwayCloud.com may terminate free user account and/or delete associated User Data if the account has been inactive for 3 months or if the account is believed to be registered by "bots" or other automated methods.
C. AllwayCloud.com may take legal and technical remedies to enforce limitations of free user accounts and/or provisions of this Agreement.
A. User may subscribe to premium AllwayCloud.com services for a fee at AllwayCloud.com website or using other distribution channel. User who subscribes to paid AllwayCloud.com service is allowed to use AllwayCloud.com services via that user's account during the subscription period within limits of the subscription plan selected by user. Current subscription plans and rates are published at http://allwaycloud.com/rates.html These plans and rates may be changed at any time without prior notice or obligation on the part of AllwayCloud.com. Certain features or offerings may not be available in all geographic locations. AllwayCloud.com has no obligation to offer any specific feature or plan. The subscription fee does not include cost of user Internet access, compatible client software and compatible client equipment required to access and use AllwayCloud.com services.
B. AllwayCloud.com may terminate or suspend user account and/or delete associated User Data if the subscription fee is more than 30 days late. AllwayCloud.com reserves the right to assess an additional fee for resuming delinquent accounts.
C. AllwayCloud.com may take technical remedies to enforce limitations of the plan selected by user.
D. User may cancel AllwayCloud.com subscription at anytime for any reason. AllwayCloud.com will delete User Data associated with cancelled user account.
E. AllwayCloud.com owner will refund the full amount paid for AllwayCloud.com services if the cancellation request is received by AllwayCloud.com from the user within 10 days of the date when the subscription started, and user provides proof of payment, which can be the original e-mail receipt for AllwayCloud.com services, credit card or bank statement showing AllwayCloud.com charges. All other charges, including fee for unused portion of subscription, are nonrefundable.
YOU AGREE THAT YOUR USE OF ALLWAYCLOUD.COM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, ALLWAYCLOUD.COM OWNER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, IN CONNECTION WITH ALLWAYCLOUD.COM AND YOUR USE THEREOF. ALLWAYCLOUD.COM OWNER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS ALLWAYCLOUD.COM CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) SECURITY, CONFIDENTIALITY, SAFETY OR INTEGRITY OF DATA UPLOADED BY USERS, (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF ALLWAYCLOUD.COM, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM ALLWAYCLOUD.COM, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH ALLWAYCLOUD.COM BY ANY THIRD PARTY, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA ALLWAYCLOUD.COM. ALLWAYCLOUD.COM OWNER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH ALLWAYCLOUD.COM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ALLWAYCLOUD.COM OWNER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT SHALL ALLWAYCLOUD.COM OWNER, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF ALLWAYCLOUD.COM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM ALLWAYCLOUD.COM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH ALLWAYCLOUD.COM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA ALLWAYCLOUD.COM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER ORNOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT ALLWAYCLOUD.COM OWNER SHALL NOT BE LIABLE FOR USER DATA OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Notwithstanding with the foregoing, if ALLWAYCLOUD.com is found to be liable, our liability to you or to any third party is limited to the greater of (i) the total fees you paid to ALLWAYCLOUD.com in the 12 months prior to the action giving rise to the liability, and (ii) $100 USD.
AllwayCloud.com is controlled and offered by AllwayCloud.com owner from its facilities in the United States of America. AllwayCloud.com owner makes no representations that AllwayCloud.com is appropriate or available for use in other locations. Those who access or use AllwayCloud.com from other jurisdictions do so at their own risk and are responsible for compliance with local law.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, legal notices shall be served on AllwayCloud.com owner's Registered Agent (in the case of AllwayCloud.com) or to the current email address specified in your AllwayCloud.com user's profile (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, AllwayCloud.com may give you legal notice by mail to current postal address specified in your AllwayCloud.com user's profile. In such case, notice shall be deemed given five days after the date of mailing. AllwayCloud.com owner's Registered Agent address is published at http://allwaycloud.com/agent.html
If you should have any complaints about AllwayCloud.com, or need further information about it, AllwayCloud.com contact customer support service, which contact information can be found at http://allwaycloud.com/contacts.html
AllwayCloud.com owner/operator recognizes that its customers, visitors, users, and others who use allwaycloud.com or co-branded web sites (collectively or individually "Users") value their privacy. This Privacy Notice details important information regarding the use and disclosure of User information collected on AllwayCloud.com. AllwayCloud.com provides this Privacy Notice to help you make an informed decision about whether to use or continue using AllwayCloud.com.
Please note that any content posted onto public areas of AllwayCloud.com becomes published content and is not considered personally identifiable information subject to this Privacy Notice.
1. User Provided Information
You provide certain personally identifiable information (such as your name and email address) to AllwayCloud.com when choosing to participate in various activities on AllwayCloud.com such as posting messages in forums or in the comments section, entering contests or sweepstakes, taking advantage of promotions, responding to surveys, or subscribing to newsletters or other mailing lists.
2. Cookies Information
When you visit AllwayCloud.com, it may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser. AllwayCloud.com may use both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to AllwayCloud.com. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of AllwayCloud.com may not function properly if the ability to accept cookies is disabled.
3. Log File Information
When you use AllwayCloud.com, its servers may automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.
If you submit personally identifiable information to AllwayCloud.com, then AllwayCloud.com uses your personal information only to operate, maintain, and provide to you the features and functionality of AllwayCloud.com.
Any personal information or other content that you voluntarily disclose online (on discussion boards, in messages and chat areas, within your public profile page, etc.) becomes publicly available and can be collected and used by others. Your account name is displayed to other Users when you summit content or send messages through AllwayCloud.com and other Users can contact you through messages and comments. Any content that you submit to AllwayCloud.com may be redistributed through the internet and other channels, and may be viewed by the general public.
AllwayCloud.com does not use your email address or other personally identifiable information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. AllwayCloud.com may, however, use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major AllwayCloud.com changes or for customer service purposes).
AllwayCloud.com uses both your personally identifiable information and certain non-personally-identifiable information (such as anonymous User usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of AllwayCloud.com and to create new features, promotions, functionality, and services by storing, tracking, and analyzing User preferences and trends.
AllwayCloud.com owner provides personally identifiable information and non-personally-identifiable information to its subsidiaries, affiliated companies, or other businesses or persons for the purpose of processing such information on behalf of AllwayCloud.com owner. AllwayCloud.com owner requires that these parties agree to process such information in compliance with this Privacy Notice, and AllwayCloud.com uses reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures.
AllwayCloud.com owner does not share your personally identifiable information (such as name or email address) with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out.
AllwayCloud.com owner does share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on AllwayCloud.com.
AllwayCloud.com owner may release personally identifiable information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law) or respond to a court order, subpoena, or search warrant.
To protect your privacy and security, AllwayCloud.com takes reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.
Please contact AllwayCloud.com with any questions or comments about this Privacy Notice, your personal information, your consent, or your opt-in or opt-out choices using contact information at http://allwaycloud.com/contacts.html.
AllwayCloud.com does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. However, please note that if an advertiser asks AllwayCloud.com to show an advertisement to a certain audience (for example, men ages 18-34) or audience segment (for example, men ages 18-24 who have viewed certain channels of content) and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach. The advertiser may also use information regarding your use of AllwayCloud.com, such as the number of times you viewed an ad (but not any personally identifiable information), to determine which ads to deliver to you.
This Privacy Notice does not apply to, and AllwayCloud.com cannot control the activities of, such other advertisers or web sites.
AllwayCloud.com uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. AllwayCloud.com cannot, however, ensure or warrant the security of any information you transmit to AllwayCloud.com and you do so at your own risk. Once AllwayCloud.com receives your transmission of information, it makes commercially reasonable efforts to ensure the security of AllwayCloud.com. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of AllwayCloud.com physical, technical, or managerial safeguards.
If AllwayCloud.com learns of a security systems breach, then AllwayCloud.com may attempt to notify you electronically so that you can take appropriate protective steps. AllwayCloud.com may post a notice if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify AllwayCloud.com using contact information at http://allwaycloud.com/contacts.html.
Protecting the privacy of young children is especially important. For that reason, AllwayCloud.com does not knowingly collect or maintain personally identifiable information or non-personally-identifiable information on AllwayCloud.com from persons under 13 years of age, and no part of AllwayCloud.com directed to persons under 13. If you are under 13 years of age, then please do not use or access AllwayCloud.com at any time or in any manner. If AllwayCloud.com learns that personally identifiable information of persons under 13 years of age has been collected on AllwayCloud.com without verified parental consent, then AllwayCloud.com will take the appropriate steps to delete this information.
In the event that AllwayCloud.com owner/operator is acquired by or merged with a third party entity, AllwayCloud.com owner/operator reserves the right, in any of these circumstances, to transfer or assign the information collected from Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of AllwayCloud.com owner/operator bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors' rights generally, AllwayCloud.com may not be able to control how your personal information is treated, transferred, or used.
This Privacy Notice may be revised periodically and this will be reflected by the "effective date" below. Please revisit this page published at http://allwaycloud.com/privacy.html to stay aware of any changes. In general, AllwayCloud.com only use your personal information in the manner described in the Privacy Notice in effect when AllwayCloud.com received the personal information you provided. Your continued use of AllwayCloud.com constitutes your agreement to this Privacy Notice and any future revisions.
For revisions to this Privacy Notice that may be materially less restrictive on AllwayCloud.com use or disclosure of the personal information you have already provided, AllwayCloud.com will attempt to obtain your consent before implementing such revisions with respect to such information.