Terms of Service
The present Document states the terms and conditions under which the paperout.com service, hereinafter referred to as the "Service", offered by Docupace Technologies, Inc., hereinafter referred to as "Docupace", is provided to individuals and organizations, hereinafter collectively referred to as the "Customer", which use or seek to use the service. As a condition to subscribe to any of Customer Account, hereinafter referred to as the "Account" or use of Service, each registered Customer must review and accept all the terms, conditions and notices stipulated under the present Terms of Service, hereinafter referred to as the "Agreement".
The Customer Rights and Obligations.
The Customer acknowledges and agrees that failure to comply with the mentioned below obligations may result in suspension or removal of the Customer's Account (including deletion of stored files without recourse or any liability to Docupace) or other denial of access to the Service.
1. Registration and personal information.
2. Customer's Account.
A Customer Account is required to access the Service and may be accessed and used only by the person for whom it was created. Use of an Account by more than one person as well as the unauthorized resale of the Service without written permission to any third party violates the present Agreement and evidence of such violation shall be grounds for immediate discontinuation of the Customer's Account.
The Customer shall not attempt to gain unauthorized access to the Service, other Accounts, computer systems or networks connected to the Service, through hacking, password mining or any other means, nor shall the Customer commit an act or omission that facilitates such activity by another person.
The Customer chooses a personal, non-transferable password and is responsible for maintaining the confidentiality of the password and the Account.
Furthermore, the Customer is responsible for any and all activities that occur in and through the Account. The Customer agrees to notify Docupace immediately of any unauthorized use of the Account or any breach of security. Docupace shall not be responsible for any loss that a Customer may incur as a result of someone else's using the password or the Account, either with or without Customer's knowledge or assent. Moreover, the Customer may be held liable for losses incurred by Docupace or another party due to someone else's use of the Customer's Account or password.
3. Customer's Responsibilities.
A Customer is solely responsible for the content of the documents, files, information and materials, hereinafter referred to as the "Data", and the Service acts as a medium for Customer's online creation, editing, manipulating, storing and distribution of documents (Data). However, Docupace reserves the right to remove from its servers any files that it deems may result in any liability exposure to paperout.com Service for any reason, including but not limited to those that are seditious, obscene, libelous, infringing, pirated or corrupted, or that contain a virus or other harmful code.
The Customer agrees not to disable or bypass any functionality of the Service. The Customer will not, nor shall Customer commit an act or omission that assists another person's effort to, harvest or otherwise collect information about others, including but not limited to Customer e-mail addresses for spamming or other purposes.
4. Third Party Interaction.
During the usage of the Service, the Customer may enter into correspondence with, purchase goods and/or services, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between the Customer and the applicable third-party. Docupace shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between the Customer and any such third-party.
The Customer represents and warrants that all Data stored in and distributed through the Account:
will not infringe on any copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy, including in violation of contractual or fiduciary relationships (such as insider information or information acquired under a professional or employment relationship, or a confidentiality or non-disclosure agreement);
will not violate any law, statute, ordinance, regulation, stock exchange rule, contractual obligation or other duty, including without limitation those pertaining to export control, unfair competition, insider trading, anti-discrimination, threats, stalking or sexual and other types of harassment, and false advertising;
will not be defamatory or trade libelous;
will not be obscene and will be distributed only to people legally permitted to receive such files;
will not contain viruses, Trojan horses, worms, time bombs, or other similar harmful or deleterious programming routines.
The Customer agrees not to use the Service for any purpose that is unlawful or prohibited herein. Moreover, the Customer may not use the Service in any manner which could damage, disable, overburden, or impair the Service or network(s), communications equipment or computer(s) connected to the Service, or interfere with any other party's use and enjoyment of the Service, including by the distribution of unsolicited bulk messages of a commercial or non-commercial nature.
Account information and Data.
Docupace does not own any data, documents, files, information
or material (Data) that the Customer submits to the Service or store in the
Account. Docupace will not monitor, edit, or disclose any information regarding
the Customer or the Customer's Account, including any Data, without the prior
permission except in accordance with the present Agreement. Please be aware
that Docupace does provide certain user registration and statistical information
such as usage or user traffic patterns in aggregate form to third parties
but such information is not a personally identifiable one. Internet protocol
address (IPA) is not transmitted with each message sent from the Customer
Docupace may access the Customer's account, including its Data, to respond to service or technical problems or as stated in the present Agreement.
The Customer carries the sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Data and Docupace shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data.
Payment of Fees.
Docupace offers it's Service, as described on the docupace.com
web site (http://www.docupace.com)
and as published within the Service, for subscription fee, hereinafter referred
to as the "Fee", which the Customer will pay to Docupace by authorized
credit card (Visa, Master Card, American Express, Discover) or through PayPal
financial service or by Check/Money Order. Payment by credit card allows the
Customer to have the subscription automatically renewed, and this freezes
the subscription fee. Automatic renewal of the subscription can be stopped
by the Customer at any time.
The Fee applicable for the Service is available at http://www.docupace com. Docupace reserves the right to change the Fee or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to the Customer (which may be sent by e-mail or post on paperout.com website). In the event the Customer cancels the Service, Docupace will not refund any Fee already paid by the Customer.
The Account will be considered delinquent if the payment for the next subscription period has not been made. The Service may be suspended, archived or purged from system if the account is delinquent for more than 30 (thirty) days. Docupace may impose a charge to restore archived data from delinquent accounts.
If you believe Docupace has billed you incorrectly, you must contact Docupace no later than 60 days after the closing date on the first billing statement in which the error or problem appeared, in order to receive an adjustment or credit. Inquiries should be directed to Accounting Department (email@example.com).
Storage Capacity and Change of Subscription Plan.
The base storage space is provided for free with the subscription
and depends on the chosen subscription plan. It may be impossible to store
some data or information at the site due to space constraints. However, the
Customer may increase workspace capacity by purchasing additional storage
space during the subscription process or later whenever he/she wants. The
Customer may decrease amount of additional storage space whenever he/she wants,
even before the end of subscription period.
Fee for additional storage space is charged in accordance with the prices in effect at the time of purchase.
The Customer agrees that Docupace is not responsible or liable for any insufficient storage capacity or the deletion or failure to store data or information. Docupace reserves the right to limit the file download and/or bandwidth capacity of any or all workspaces in its sole discretion if it deems such limitation to be in the best interests of the operating performance across the application.
Each subscription plan has member constraints and it may be impossible to add one more member. In this case, the Customer can change the subscription plan and update it to higher level even before the end of the subscription period. Accounting Department (firstname.lastname@example.org) will re-calculate the fee and contact you with an adjustment.
The Customer acknowledges and agrees that the Service and any necessary software used in connection with the Service are protected by intellectual property and other applicable laws. The Customer agrees not to, for the benefit of the Customer or a third party, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, reverse engineer, build a product using ideas, functions, or graphics similar to, transfer, or sell any information, software, products or services obtained from the paperout.com.
Warranty Information and Disclaimers.
THE SERVICE, CONTENT, SITE, THIS WEB SITE, SERVERS, STORAGE FACILITIES, AND ALL INFORMATION ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND. IN PARTICULAR, DOCUPACE DOES NOT GUARANTEE THAT: (A) THE USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET THE CUSTOMERS REQUIREMENTS OR EXPECTATIONS, (C) ERRORS OR DEFECTS WILL BE CORRECTED, (D) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, CONDITIONS AND/OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY.
IN NO EVENT SHALL DOCUPACE BE LIABLE FOR LOST PROFITS OR
SPECIAL, INCIDENTAL, INTANGIBLE OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT
LIMITED TO DAMAGES FOR BREACH OF CONTRACT OR WARRANTY OR FOR NEGLIGENCE OR
STRICT LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THE PRESENT AGREEMENT
OR THE SERVICE. THE CUSTOMER UNDERSTANDS THAT NO TERM OF THIS AGREEMENT CREATES
FOR DOCUPACE AN OBLIGATION TO OR RIGHT ON BEHALF OF A THIRD PARTY; AND THE
CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR ANY THIRD PARTY CLAIMS ARISING FROM
CUSTOMER'S USE OF THE SERVICE.
ANY MATERIAL DOWNLOADED OR OTHERWISE RECEIVED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER'S OWN DISCRETION AND RISK. THE CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO CUSTOMER'S COMPUTER SYSTEM, AND/OR FOR ANY LOSS OF DATA RESULTING FROM THE USE OF THE SERVICE.
Termination of the Service.
Docupace in its sole discretion may terminate the Customer password, Account or use of the Service and remove and discard any Data within the Service if the Customer fails to comply with the present Agreement. In addition to breaches of this Agreement, causes for termination shall include: requests by law enforcement or other government agencies; a request by the party under which the Customer's Account was created; a request by the Customer. The Customer may terminate the Account upon notice to paperout.com at any time; however, the Customer will not receive a refund of any portion of the fees already paid to Docupace. Upon termination by Docupace or at the Customer direction, the Customer may request a file with the data that Docupace may make available for a fee. Such request should be submitted within thirty (30) days of termination. Upon termination of an Account, the right to use such Account and the Service immediately ceases. Docupace shall have no obligation to maintain any data stored in the the Customer Account or to forward any Data to the Customer or any third party.
Modifications to the Terms of Service (Agreement).
Docupace reserves the right to change the terms and conditions of the present Agreement at any time and for any reason and the Customer agrees to comply with any and all amendments. Docupace shall notify the Customer by posting an updated version of the Terms of Service and/or by sending the Customer an e-mail message. It is the Customer's responsibility to review the present Agreement regularly. Continued use of the Service after any such changes shall constitute the Customer's consent to such changes.
The present Agreement shall be governed by the laws of the
State of California, USA and controlling United States federal law, without
regard to the choice or conflicts of law provisions of any jurisdiction. Both
parties shall submit all disputes, actions, claims, or causes of action related
to the present Agreement or in connection with the Service only in the federal
and state courts located in the state of California, USA. The Customer agrees
that regardless of any statute or law to the contrary, any claim of action
arising out of or related to use of the Service or this Agreement must be
filed within one year after such claim or cause of action arose or be forever
The present Agreement, as written in English, is the entire Agreement between Docupace and the Customer with respect to the Service. All prior agreements and/or understandings (whether written or oral) and/or other communications regarding the subject matters are considered to be invalid.
No joint venture, partnership, employment, or agency relationship exists between the Customer and Docupace as a result of the present Agreement or use of the Service.
If any provision of the Agreement shall be invalid, the validity of the remaining provisions of this Agreement shall not be affected. The failure of Docupace to enforce any right or provision in the present Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Docupace in writing. Docupace has the right to assign any or all of its rights and obligations under this Agreement at any time.