IDriveSync Support - 1 866 748 0555

Terms of service

 

1. Description of services

These Terms of Service govern your access to and use of Pro Softnet Corp. IDriveSync ("IDriveSync") IDriveSync downloadable application / utility (the "IDriveSync Application") or the IDriveSync website (the "Site"), any information, text, graphics, or other materials created and / or provided by IDriveSync and appearing on the IDriveSync Application / Site (the "Content"), Files (as defined below) and any services and / or software provided through the IDriveSync Application - IDriveSync (the "Services"). These Terms of Service limit IDriveSync's liability and obligations to you, grant IDriveSync certain rights and allow IDriveSync to change, suspend or terminate your access to and use of the IDriveSync Application, Site, Content, Files and Services. Your access to and use of IDriveSync Application, Site, Content, Files and / or Services are expressly conditioned on your compliance with these Terms of Service. By accessing or using the IDriveSync Application, Site, Content, Files and / or Services you agree to be bound by these Terms of Service.

Subject to IDriveSync's acceptance of Your registration and Your compliance with the terms and conditions of this Agreement, Pro Softnet will provide You with the following service ("IDriveSync"): Currently, IDriveSync offers both a restricted 5 GB free account ("Free Account") and a paid account ("Paid Account"). More information on the types of accounts that IDriveSync offers and the costs involved can be found here. Please read this document in its entirety regarding account restrictions. IDriveSync reserves the right, at any time, to change or impose fees for access to and use of the IDriveSync application, Site, Content, Files and / or Service. 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. IDriveSync provides a range of services. It is possible that one or more of these services may not be available at certain times. Refer to the IDriveSync Application / Site to get the current status on the services.

YOU UNDERSTAND THAT BY CLICKING THE "I AGREE" BUTTON, BY USING THE IDRIVESYNC APPLICATION, SITE, CONTENT, FILES AND / OR SERVICES OR YOUR ACCOUNT YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE IDRIVESYNC APPLICATION, SITE, CONTENT, FILES OR SERVICES. If you agree to these Terms of Service on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms of Service and your agreement to these terms will be treated as the agreement of the business. In that event, "you" and "your" will refer and apply to that business.

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2. Registration Information / Credit Card Charges

You will promptly notify Pro Softnet of any change in the information You provide on Your registration form during Your registration for the usage of the IDriveSync paid Service. The registration information provided by You on Your registration form during Your registration for the Service, together with any and all updates provided by You from time to time under this paragraph, is referred to in this Agreement as the "Registration Information."

If you have opted for IDriveSync Pro (paid), you authorize a recurring monthly or annual charge to your credit card in exchange for use of the IDriveSync service as indicated by published standard plans on the IDriveSync Application and / or on the Site. You also agree that the enrollment for the next service period is automatic. For account cancelation related refunds, please visit here.

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3. Privacy

See IDriveSync's Privacy Policy at http://www.idrivesync.com/privacy.htm for information and notices concerning IDriveSync's collection and use of your personal information. The same may be modified and amended by Pro Softnet from time to time (the "Privacy Policy"). When You accept this Agreement, You acknowledge that You agree to the terms of the Privacy Policy.

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4. Account Security

You are responsible for safeguarding the password that you use to access the IDriveSync application, Content, Files and Services. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify IDriveSync of any unauthorized use of your password.

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5. Consent to Access Your Files

BY UTILIZING THE IDRIVESYNC APPLICATION, SITE, CONTENT, FILES AND / OR SERVICES, YOU CONSENT TO ALLOW IDRIVESYNC TO ACCESS YOUR COMPUTER TO ACCESS ANY FILES THAT ARE PLACED IN THE 'IDRIVESYNC EXPLORER,' FOLDER (THE ‘SYNC FOLDER’), AND / OR ANY OTHER FOLDER WHICH YOU CHOOSE TO LINK TO IDRIVESYNC. BY PLACING FILES IN YOUR SYNC FOLDER, YOU CONSENT TO SHARE ACCESS TO THE CONTENT OF THOSE FOLDERS WITH THOSE OTHER IDRIVESYNC USERS THAT HAVE BEEN AUTHORIZED TO UTILIZE THOSE FOLDERS.

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6. Files and Folders

"Your Files" or "User Files" (collectively, the "Files") as used in this Agreement means the information contained in the files that you or other users upload, download and access through the IDriveSync application, and Services. You are the owner of Your Files and are solely responsible for your conduct and the content of Your Files, as well as any of the content contained in your communications with other IDriveSync users.

IDriveSync allows you to share some or all of Your Files. If you choose to, you can share all or some of Your Files with specific individuals you select. If you decide to share Your Files, you are giving certain legal rights, as explained below, to those individuals who you have given access to your folders.

IDriveSync does not claim any ownership rights in Your Files. You acknowledge that IDriveSync does not have any obligation to monitor the Files that are uploaded, linked to or otherwise transmitted using the IDriveSync application or Services, for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the Files including without limitation, any information obtained by using the IDriveSync application or Services. IDriveSync does not endorse anything contained in the Files or any opinion, recommendation or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against IDriveSync with respect thereto.

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7. Your Sync Folder

While you own the content contained in Your Files, files placed in your Sync folder are available to those users to whom you grant access. By placing Your Files in your Sync folder, you agree and acknowledge that IDriveSync has no responsibility or obligation to monitor or notify of any non-compliance related to the rights or license you may choose to grant to other users who have access to your Sync folder, if any, and that IDriveSync has no responsibility to enforce or police, or aid you in enforcing or policing, the terms of the license(s) or permission(s) you have chosen to offer.

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8. Your Responsibilities

You represent and warrant that you own or have the necessary licenses, rights, consents and permissions to grant the licenses that your Sync folder requires, as described above. Please note that moving all or portions of Your Files from your Sync folder does not revoke the license granted to those individuals who previously accessed those files.

You should be aware that Files may be protected by intellectual property rights which are owned by the IDriveSync user whose Sync folder that the File resides in. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on the content(s) (either in whole or in part) of another user's Sync folder unless you have been specifically told that you may do so by the rightful owner of that File, in a separate agreement.

You acknowledge and agree that you should not rely on the IDriveSync application, Content, Files and Services for any reason. You further acknowledge and agree that you are solely responsible for maintaining and protecting all data and information that is stored, retrieved or otherwise processed by the IDriveSync application, Content, Files or Services. Without limiting the foregoing, you will be responsible for all costs and expenses that you or others may incur with respect to backing up, and restoring and / or recreating any data and information that is lost or corrupted as a result of your use of the IDriveSync application, Content, Files and / or Services.

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9. Your Use of the Services

IDriveSync grants you a limited, nonexclusive, nontransferable, revocable license to use the IDriveSync application, Content, Files and Services subject to the restrictions set forth in these Terms of Service.

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10. IDriveSync Property and Feedback

All right, title, and interest in and to the IDriveSync application, Site, Content, and Services are and will remain the exclusive property of IDriveSync and its licensors, including all Intellectual Property Rights (as defined below) therein, even if IDriveSync incorporates any of your Feedback (as defined below) into subsequent versions. The IDriveSync application, Content, and Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Service, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the IDriveSync application, Content, or Services.

All feedback, comments, and suggestions for improvements (the "Feedback") that you provide to IDriveSync, in any form, and any contributions you make to the IDriveSync application by posting content and communicating with other IDriveSync users will be the sole and exclusive property of IDriveSync. You hereby irrevocably transfer and assign to IDriveSync and agree to irrevocably assign and transfer to IDriveSync all of your right, title, and interest in and to all of your Feedback, including all worldwide patent rights (including patent applications and disclosures), copyright rights, trade secret rights, and other intellectual property rights (collectively, the "Intellectual Property Rights") therein. At IDriveSync's request and expense, you will execute documents and take such further acts as IDriveSync may reasonably request to assist IDriveSync in acquiring, perfecting and maintaining its Intellectual Property Rights and other legal protections for your Feedback. You will not earn or acquire any rights or licenses in the IDriveSync application, Content, and Services or in any IDriveSync Intellectual Property Rights on account of these Terms of Service or your performance under these Terms of Service.

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11. General Prohibitions

You agree not to do any of the following while using the IDriveSync application, Site, Content, Files or Services:

Post, publish or transmit any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another's privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes another's rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;

Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;

Attempt to access or search the IDriveSync application, Content, Files or Services with any engine, software, tool, agent, device or mechanism other than the software and / or search agents provided by IDriveSync;

Send unsolicited email, junk mail, "spam," or chain letters, or promotions or advertisements for products or services;

Forge any TCP / IP packet header or any part of the header information in any email or in any way use the IDriveSync application, Site, Content, Files or Services to send altered, deceptive or false source-identifying information;

Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the IDriveSync application, Content, Files or Services;

Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the IDriveSync application; or plant malware on IDriveSync's computer system, those systems of IDriveSync's providers, or otherwise use the IDriveSync application, Site, Content, Files or Services to attempt to distribute malware; or Impersonate or misrepresent your affiliation with any person or entity.

Care must be taken to ensure that data that is shared between computers or synced across computers is free from all types of malware/viruses. It is entirely the end user's prerogative to ensure appropriate updated anti-malware and anti-virus scanners/softwares are installed on every computer that is involved in the sync/sharing process using the IDriveSync application, Site, Content, Files or Services since the IDriveSync Application does not monitor for the same.

IDriveSync will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. IDriveSync may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that IDriveSync has no obligation to monitor any user's access to or use of the IDriveSync application, Site, Content, Files and Services, but has the right to do so for the purpose of operating the IDriveSync application, Site and the Services, to ensure users' compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

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12. Digital Millennium Copyright Act Compliance

You will only upload, submit or otherwise transmit data and / or files: (i) that you have the lawful right to use, copy, distribute, transmit, or display; or (ii) that does not infringe the intellectual property rights or violate the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity). IDriveSync will disable users who violate this policy / repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders. Please see the IDriveSync Copyright Policy for further information at http://www.idrivesync.com/dmca.htm.

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13. Links

The IDriveSync application / Site may contain links to third-party websites or resources. You acknowledge and agree that IDriveSync is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by IDriveSync of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

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14. Termination

If you violate any of these Terms of Service, your permission to use the IDriveSync application, Site, Content, Files and Services will automatically terminate. IDriveSync reserves the right to revoke your access to and use of the IDriveSync application, Site, Content, Files and Services at any time, with or without cause, and with or without notice. IDriveSync also reserves the right to cease providing or to change the IDriveSync application, Site, Content, Files or Services at any time and without notice.

IDriveSync reserves the right to terminate Free Accounts at any time, with or without notice.

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15. Use of the IDriveSync application, Site at Your Own Risk

Your access to and use of the IDriveSync application, Site, Content, Files and Services and is at your own risk. IDriveSync will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the IDriveSync application, Site, Content, Files or Services.

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16. IDriveSync is Available "AS-IS"

THE IDRIVESYNC APPLICATION, SITE, CONTENT, FILES AND SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITHOUT LIMITING THE FOREGOING, IDRIVESYNC EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. YOU ACKNOWLEDGE THAT USE OF THE IDRIVESYNC APPLICATION, SITE, CONTENT, FILE AND SERVICES MAY RESULT IN UNEXPECTED RESULTS, LOSS OR CORRUPTION OF DATA OR COMMUNICATIONS, PROJECT DELAYS, OTHER UNPREDICTABLE DAMAGE OR LOSS, OR EXPOSURE OF YOUR DATA OR YOUR FILES TO UNINTENDED THIRD PARTIES.

IDRIVESYNC MAKES NO WARRANTY THAT THE IDRIVESYNC APPLICATION, SITE, CONTENT, FILES OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. IDRIVESYNC MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE IDRIVESYNC APPLICATION, SITE, CONTENT, OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE IDRIVESYNC APPLICATION, SITE, CONTENT, FILES OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM IDRIVESYNC OR THROUGH THE IDRIVESYNC APPLICATION, SITE, CONTENT, FILES OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

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17. Indemnity

You agree to defend, indemnify, and hold IDriveSync, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys' fees and costs, arising out of or in any way connected with: (i) your access to or use of the IDriveSync application, Site, Content, Files and Services; (ii) your violation of this Agreement; (iii) your violation of any third party right, including without limitation any intellectual property right, including but not limited to right of attribution, publicity, confidentiality, property or privacy right; or (iv) any claim that Your Files, or your use of Files, caused damage to a third party, including without limitation claims that Your Files, or use of Files, infringe the rights of another.

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18. Limitation of Liability

IN NO EVENT WILL IDRIVESYNC BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE IDRIVESYNC APPLICATION, SITE, CONTENT, FILES AND / OR SERVICES, OR FOR ANY ERROR OR DEFECT IN THE IDRIVESYNC APPLICATION, SITE, CONTENT, FILES OR SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT IDRIVESYNC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT IDRIVESYNC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, IDRIVESYNC WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE IDRIVESYNC APPLICATION OR THROUGH THE SERVICES AND/OR THE FILES, OR IF YOUR DATA IS LOST, CORRUPTED OR EXPOSED TO UNINTENDED THIRD PARTIES.

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19. Notices

Any notice under this Agreement given by Pro Softnet 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 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 Pro Softnet's / IDriveSync's communication. It is also important that your email system is able to receive emails from idrivesync.com and pro-softnet.com into your inbox. Any notice under this Agreement given by You to Pro Softnet will be deemed to be properly given if received by email sent to Pro Softnet's Customer Service at support@idrivesync.com, except those that are related to cancelation or termination of the account.

User is expected to go to the account maintenance screen on the IDriveSync Application, go to the 'Cancel Account' screen and provide necessary information for cancelation. Sending an email to support@idrivesync.com for cancelation is not considered as a cancelation notice for security reasons. On successful cancelation of account by the user, or by Pro Softnet due to various reasons including non-payment for the services, user data files will be removed within a five (5)-day period from the cancelation date from main storage as well as archives.

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20. Severability

In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect.

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21. Waiver

The failure of IDriveSync to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.

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22. Controlling Law and Jurisdiction

These Terms of Service and any action related thereto will be governed by the Laws of the State of California without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in Los Angeles County, California, USA and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

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23. Entire Agreement

These Terms of Service are the entire and exclusive agreement between IDriveSync and you regarding the IDriveSync application, Content, Services and Your Files, and these Terms of Service supersede and replace any prior agreements between IDriveSync and you regarding the IDriveSync application, Site, Content, Services and Your Files.

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LAST MODIFIED: 23rd November 2010

© 2012 Pro Softnet Corporation.
All rights reserved.