This Webdisk Service Agreement (the "Agreement") describes the terms and conditions that offer services to you. By registering for or using WebDisk ([We] or [Our company])services, Customer agrees to be bound by the following terms and conditions.
Service of WebDisk
Subject to the terms and conditions of this Agreement, WebDisk makes certain Services available to Customer. For the purposes of this Agreement:
(a) "Customer" (or "You") means the individual or business entity that is using or registering to use the Services
(b) WebDisk "Services" means online storage services offered by WebDisk. WebDisk reserves the right to change or discontinue any of the Services at any time.
Ownership
You acknowledge that all data (except those uploaded by users) provided on this Website, including but not limited to information, products, logos, graphics, sounds, gui, software, and services (collectively " Data "), are provided either by WebDisk and the underlying intellectual property rights are owned by WebDisk. Elements of the Website are protected by trade dress and other laws and may not be copied or imitated in whole or in part. The WebDisk logo and other WebDisk products referenced herein are trademarks of WebDisk, and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.
Ture customer information
Customer represents and warrants that the information it provides in WebDisk contact information forms is true, accurate, current and complete. Customer agrees to maintain and update this information. If, at any time, any information provided by Customer is untrue, inaccurate, not current or incomplete, WebDisk will have the right to suspend or terminate Customer's account and this Agreement
Customer Account
Customer is solely responsible and liable for any and all access to and use of the Services (including all activities and transactions) by any Authorized User and/or User ID registered under Customer's account, unless such access to or use of the Services is the direct result solely of the gross negligence of WebDisk. It is Customer's responsibility, through its systems administrator Authorized User, to set the appropriate access for each of Customer's Authorized Users.
Responsibility for User ID and Passwords
Customer is solely responsible for maintaining the confidentiality of Customer access information, i.e. account ID's and passwords of its Authorized Users, and are responsible for all activities that occur under your account.
Notification of Unauthorized Use
Customer will immediately notify WebDisk if Customer notices any activity indicating that Customer's account or data is being used without authorization, including:
(a) Customer has received confirmation of an order or orders placed using Customer's account which Customer did not place or any similar conflicting report; or
(b) Customer becomes aware of any unauthorized use of any product or service related to its account(s).
Customer Data
Customer has sole responsibility and liability for the data that stores on WebDisk 's servers. Customer controls its data through its generated link. WebDisk encourages Customer to archive its data regularly and frequently; Customer bears full responsibility for archiving its data and sole liability for any lost or irrecoverable data. Customer agrees to maintain its data in compliance with its legal obligations. WebDisk will delete Customer data upon termination of this Agreement.
Acceptable Use
You agree to not use WebDisk 's Service to:
a. Upload, post, e-mail, transmit or otherwise make available any content that spreads messages of terror or depicts torture or death-gui; if serious enough, the content will be reported to the appropriate legal authority.
b. Harm minors in any way, this includes any form of child pornography; if serious enough, the content will be reported to the appropriate legal authority
c. Upload, post, e-mail, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
Access and Interference
Violations or attempts to violate WebDisk systems or to interrupt WebDisk services are strictly prohibited, and may result in criminal and civil liability. Examples of system violations include, without limitation:
(a) Unauthorized access to or use of WebDisk Services, including any attempt to probe, scan or test the vulnerability of a system or to breach security or authentication measures without express authorization of WebDisk; or
(b) Interference with Service to any customer or network including, without limitation, flooding, or deliberate attempts to overload a system and broadcast attacks; or
(c) Use of any device, software, or routine to interfere or attempt to interfere with the proper working of the Services; or
(d) Any action that imposes an unreasonable or disproportionately large load on WebDisk infrastructure
Customer shall not decompile, disassemble, decrypt, extract, reverse engineer or otherwise attempt to derive the source code of the software tools (including the tools, methods, processes, and infrastructure) underlying the Services or any other software on the WebDisk
Copyright or Trademark Infringement
WebDisk Services may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation, including export control laws, is prohibited. This includes, without limitation, material protected by patent, copyright, trademark, service mark, trade secret or other intellectual property rights. If you use another party's material, you must obtain prior authorization. By using the Services, you represent and warrant that you are the author and copyright owner and/or proper licensee with respect to any hosted content and you further represent and warrant that no content violates the trademark or rights of any third party. WebDisk reserves the right to suspend or terminate a Customer's transmission(s) that, in WebDisk discretion, violates these policies or violates any law or regulation.
Misuse of System Resources
Customer shall not misuse system resources including, but not limited to, employing content which consume excessive CPU time or storage space; utilizing excessive bandwidth; or resale of access to content hosted on WebDisk servers.
Other Activities
Whether lawful or unlawful, WebDisk reserves the right to determine what is harmful to its Customers, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the Service or the Internet.
Please be aware WebDisk reserves the right to cancel any account or transmission they find in violation of any of the above policies. If appropriate, WebDisk will refer complaints to law enforcement authorities, and in such case, WebDisk will actively assist law enforcement agencies with the investigation and prosecution of any such activities, including surrendering Customer account and data information.
No Warranty
You expressly understand and agree that:
(a) your use of the Service is at your sole risk. WebDisk Services are provided on an "as is" and "as available" basis. WebDisk and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. WebDisk and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of our Services, software, or content;
(b) WebDisk makes no warranty that
(i) the Service will meet your requirements,
(ii) the service will be uninterrupted, timely, secure, or error-free,
(iii) the results that may be obtained from the use of the service will be accurate or reliable,
(iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and
(v) any errors in the software will be corrected;
(c) any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material;
(d) no advice or information, whether oral or written, obtained by you from us or through or from the Service shall create any warranty not expressly stated in these terms and conditions.
Limitation of Liability
Your use of WebDisk is at your own risk. If you are dissatisfied with any aspect of our Service or with these terms & conditions, or any other rules or policies, your sole remedy is to discontinue use of the Service. You expressly understand and agree that webdisk.hk shall not be liable for any direct, indirect, incidental, special, consequential exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:
(I) the use or the inability to use the Service;
(II) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service;
(III) unauthorized access to or alteration of your transmissions or data;
(IV) statements or conduct of any third party on the service; or
(V) any other matter relating to the Service.
Modifications to Agreements, Policies or to our Services
We reserve the right to change this Service Agreement at any time without notice. We also reserve the right at any time to modify or discontinue the Service, temporarily or permanently, with or without notice to you. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service. You acknowledge that we may establish general practices and limits concerning use of the Service, including the maximum disk space that will be allotted on WebDisk 's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. WebDisk has right to decrease the payout at any time without prior notice.
Termination
Without limiting other remedies, WebDisk may immediately issue a warning, suspend (i.e., lock out access and operation of Services for Customer) either temporarily or indefinitely, or terminate Customer's account and refuse to provide Services to Customer if:
(a) WebDisk believes that Customer have violated or acted inconsistently with this Agreement, or any of our policies; or
(b) Customer have failed to pay fees or other payments due to WebDisk; or
(c) WebDisk is unable to verify or authenticate any information Customer provides to WebDisk; or
(d) WebDisk believes that Customer's actions may cause legal liability for Customer, WebDisk 's other clients, or WebDisk.
WebDisk may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these terms and conditions may be effected without prior notice, and acknowledge and agree that WebDisk may immediately deactivate, archive or delete your account and all related information and data and/or any further access to such data or the Service. Further, you agree that WebDisk shall not be liable to you or any third-party for any termination of your access to the Service.
Upon termination of this Agreement by either Customer or WebDisk, all of Customer rights under this Agreement, and WebDisk 's provision of Services, will terminate immediately.
Service of WebDisk
Subject to the terms and conditions of this Agreement, WebDisk makes certain Services available to Customer. For the purposes of this Agreement:
(a) "Customer" (or "You") means the individual or business entity that is using or registering to use the Services
(b) WebDisk "Services" means online storage services offered by WebDisk. WebDisk reserves the right to change or discontinue any of the Services at any time.
Force Majure
Operation of our Services may be interfered with by numerous factors outside of our control and we shall not be liable to you for any delay or failure in performance under this Agreement resulting directly or indirectly from causes beyond WebDisk 's control.
Confidential Information
You represent and warrant to WebDisk that
(a) you are not a competitor of WebDisk,
(b) you shall keep publicly unannounced information and materials pertaining to WebDisk, pre-release software, testing or testing procedures strictly confidential and (c) you shall not use any information gained from access to the WebDisk Web site or use of the webdisk.hk Services to compete with WebDisk in its business
You represent and warrant to WebDisk that
(a) you are not a competitor of WebDisk,
(b) you shall keep publicly unannounced information and materials pertaining to WebDisk, pre-release software, testing or testing procedures strictly confidential and
(c) you shall not use any information gained from access to the WebDisk Web site or use of the WebDisk Services to compete with WebDisk in its business