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By signing up for an Arkiva.com account you agree that you have read, understand the contents of, and agree to all terms and conditions. Should you have any questions or concerns regarding this agreement, please contact info@arkiva.com. These terms and conditions are between the user and Arkiva.com governing the use of ALL Arkiva.com services
The fees applicable for Arkiva.com service are available at www.arkiva.com and as published within the service. Arkiva.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 to the address you have most recently provided us).
Arkiva.com is offered FREE of charge up to one gigabyte of storage space
1. You are responsible for updating your account information if any change occurs.
2. Arkiva.com will request that you upgrade to a different plan if you exceed the allotted space for the plan you selected. 3. The Service is billed on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. 4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
Unauthorized use of your Arkiva.com account or any Arkiva.com service, or the resale of said service(s) without our prior written consent is expressly prohibited. You shall not copy, sell, transfer, distribute, publish, or assign your license to our services in any format to any third party.
All transactions using Arkiva.com services are between the transacting parties ONLY. Arkiva.com is NOT an agent of any transacting party, nor or we a direct party in any such transaction. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party. Arkiva.com shall hold no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. Should you have any problems resulting from your use of any third party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible unless the problem was the direct result of our breaches.
Arkiva.com does not endorse any sites on the Internet that are linked through Arkiva.com. Arkiva.com provides these links to you only as a matter of convenience, and in no capacity shall Arkiva.com be responsible for any content, products, or other materials on or available from such sites.
You will choose a personal, non-transferable password, and you are responsible for maintaining the confidentiality of your password. You are also responsible for all content and information stored, transferred, and received under your username and password. If you suspect a person has accessed your account without authorization, it is your responsibility to change your password and alert Arkiva.com immediately. In addition, you acknowledge that Arkiva.com may communicate with you through email. You are responsible for ensuring that Arkiva.com has your current email address so that Arkiva.com can provide you such communications.
Arkiva.com does not own any data, information or material that you store in your account, and takes no responsibility whatsoever for the contents of your account. We will not 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 Arkiva.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. Arkiva.com may access your account, including its data, to respond to service or technical problems or as stated in this Agreement. You, not Arkiva.com, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all data stored in your account. Furthermore, Arkiva.com shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any data.
You are solely responsible for the content of all data you store or retrieve from your account and from all public folders. You agree to abide by all applicable local, state, national and international laws and regulations in connection with Arkiva.com service. In addition, without limitation, you agree not to use Arkiva.com service to: (a) send unsolicited or unauthorized junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) advertise or promote a commercial product or service that is not available through Arkiva.com's services; (c) store or transmit any file containing: (i) unlawful, defamatory, threatening, pornographic, abusive, libelous, or otherwise objectionable material of any kind or nature; (ii) any material that encourages conduct that could constitute a criminal offense; (iii) any code or material that violates the intellectual property rights or rights to publicity or privacy of others; (d) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs, or cancelbots; (e) interfere with or disrupt servers or networks connected to Arkiva.com service or violate the regulations, policies or procedures of such networks; (f) access or attempt access to Arkiva.com service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; (g) harass or interfere with another user's full use and enjoyment of Arkiva.com service; or (h) cause, in Arkiva.com's sole discretion, inordinate burden on Arkiva.com's system resources (i.e. bandwidth). If these resources are not sufficient, you may need to arrange a custom file hosting plan.
Arkiva.com reserves the right to terminate without notice your password, account or use of Arkiva.com service and delete any data within Arkiva.com service if you fail to comply with this Agreement or for any other cause of any other nature. You may terminate your user account upon notice to Arkiva.com at any time. Upon termination by Arkiva.com or at your direction, you may request a file of your data, which Arkiva.com will make available for a fee. You must make such request at the notification of termination to receive such file within thirty (30) days of termination. Arkiva.com shall have no obligation to maintain any data stored in your account or to forward any data to you or any third party.
In addition to other termination provisions, Basic Users (free 1GB accounts) are subject to termination if: (a) the Basic User does not engage in any Arkiva.com activity within thirty (45) days of registration, or (b) the Basic User does not engage in any Arkiva.com activity for any period of 45 consecutive days. We will send you an email describing the situation and informing you that your account will be closed within seven (14) days unless you begin to use the account during that period. At the conclusion of that seven (14) day period, absent any such activity we will close the account. Any data you may have stored will be lost.
Arkiva.com reserves the right to suspend or terminate without notice.
Except for the licenses granted herein, you have no right, title or interest in, or to Arkiva.com services or any content. You agree that Arkiva.com or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to Arkiva.com service and content, including, without limitation, text, images, and other multimedia data. Arkiva.com and/or other Arkiva.com products and services referenced herein are either trademarks or registered trademarks of Arkiva.com
Arkiva.com is in no way liable for loss of customer data. Under no circumstances will Arkiva.com be held accountable for any loss of customer data. By becoming an Arkiva.com user you, the customer, acknowledge that you forfeit the right to hold Arkiva.com accountable for any and all technical errors, including loss of user files (customer data).
In the event that Arkiva.com concludes offering data storage services, Arkiva.com users will receive the option to have their stored files sent to them in CD or other format selected by Arkiva.com. Arkiva.com does not guarantee length of service.
Arkiva.com is not responsible for circumstances beyond its control, including without limitation actions of third parties, force majeure, Acts of God, natural disasters, or similar circumstances. Further, Arkiva.com does not provide any warranties respecting its services, and specifically disclaims any warranty of merchantability or suitability for particular purposes.
You agree to indemnify and hold Arkiva.com harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including, without limitation, attorneys' fees and costs) resulting from or in connection with your use of Arkiva.com services or breach of this Agreement.
In the event that, notwithstanding the foregoing disclaimers and indemnification, Arkiva.com is found responsible to any Arkiva.com user for any reason whatsoever, Arkiva.com's responsibility shall be limited to the amounts actually paid by such user for Arkiva.com's services, and shall not include punitive damages or consequential or resulting damages of any nature.
IF YOU BECOME AN ARKIVA.COM USER YOU ACKNOWLEDGE THE ABOVE MENTIONED TERMS AND ACKNOWLEDGE THAT ARKIVA.COM IS IN NO WAY GUARANTEEING THE INTEGRITY AND/OR SECURITY OF YOUR FILES
Arkiva.com reserves the right to amend the terms and conditions of this Agreement at any time and shall notify you by posting an updated Agreement on www.Arkiva.com and/or by sending you an email message. Continued use of Arkiva.com service after notice is given of such changes shall constitute your consent to such changes
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