Terms of Service Agreement for File Secure Pro ®

This Agreement sets forth the Standard Terms and Conditions that apply to use of File Secure Pro which consists of an online server system and software to distribute, monitor and control electronic documents.

YOUR USE OF THE FILE SECURE PRO SERVICES INDICATES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE.

These Terms of Service form independent agreements between User and OBI Group. The Parties shall be liable to the other for any breach of these Terms of Service, and User agrees that User’s sole recourse in case of such breach shall be against the breaching party.

1. TERMS AND CONDITIONS

   You agree to familiarize yourself with the Terms of Service, and abide by them if you choose to use, or accept the services or benefits, to which such terms apply.

2. MEMBER RESPONSIBILITY

   You agree to provide true, accurate, current and complete information as prompted by the Registration Form and to maintain and update this information to keep it true, accurate, current and complete.

3. MEMBER CONDUCT

   You agree to abide by all applicable local, state, national and international laws and regulations regarding your use of our service.

4. CONTENTS OF DOCUMENTS AND MESSAGES

   You are responsible for the contents of your messages and the consequences of any such messages. You agree that you will not use File Secure Pro for chain letters, junk mail, "spamming", solicitations (commercial or noncommercial) or any use of distribution lists to any person who has not given specific permission to be included in such a process. You further agree not to use File Secure Pro to send any messages or documents that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise constitute a criminal offense, give rise to civil liability or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.
   
   OBI Group reserves the right to terminate User’s account if it becomes aware and determines, in its sole discretion, that User is violating any of the foregoing guidelines. OBI Group does not tolerate spam. Any User caught spamming will be subject to immediate cancellation of their account with a charge for each spam mail sent at $10 per instance.

5. ACCOUNT AND PASSWORD

   You are responsible for maintaining the confidentiality of your account name and password. You are solely responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify OBI Group of any unauthorized use of your account.

6. PAYMENT AND BILLING

   File Secure Pro is a monthly service. You can cancel any time. You agree to pay OBI Group appropriate payment for the services received from File Secure Pro. You agree to provide OBI Group with current billing and contact information and authorize OBI Group to bill all account and related charges to the credit card on file. You further agree that until and unless you notify OBI Group of your desire to cancel any or all services received, those services will be billed on a recurring basis. You agree that payments will be billed and charged automatically, that OBI Group may apply the amount due to the provided card at any time.
   
   Upon registration, you will be charged a sign up fee. 30 days later, your monthly fee will be determined based on the average amount of server space you used over the previous 30 day billing period. You will be automatically billed to your credit card. Please click here for current pricing and additional billing information. Billing prices are subject to change, OBI Group reserves the right to change prices at any time without notice to you. You can cancel anytime; there are no contracts or minimum usage requirements.
   
   To cancel simply send an email to support @ file-secure.com. Your account will be cancelled immediately. No refund shall be issued. Upon cancellation you will be charged a prorated final amount based on your unbilled usage for that billing period.
   
   If a cancellation request is received at the end of the current billing cycle, you will be billed a final amount for the previous billing period usage. If a cancellation request is received before the end of the current billing cycle, you will be billed a prorated amount based on your usage for the current billing cycle up to your cancellation date. Please click here for additional billing information.
   
   PLEASE NOTE: If you cancel prior to the end of your FIRST 30 day billing period, you will not incur any further charges. If you have additional billing questions, please contact support @ file-secure.com.

7. UNLAWFUL OR PROHIBITED USE

   As a condition of your use of the File Secure Pro Web Site you warrant to OBI Group that you will not use the File Secure Pro Web Site and/or Services for any unlawful purpose.

8. PRIVACY

   File Secure Pro applications do not secretly monitor, transmit or store information about the websites your users visit. It does not log their private usernames or passwords and does not relay any private information about their internet activity.
   
   File Secure Pro is designed to monitor and control usage of it's protected documents. To do this, it must transmit minimal, non-sensitive data that pertains to the use, tracking and control of the protected file.
   
   During registration, it also transmits some personal data. The personal data can consist of 1) the user's IP Address, and 2) additional information the user submits when registering a protected file. The additional information required to register a file is established by you (the author/publisher of the file), and can consist of any or all of the following: First name, last name, email, street address, city, state, zip code, phone number.
   
   This data is securely transmitted to the File Secure server database for use only by the author/publisher of the protected document .

9. TERMINATION

   OBI Group may terminate this agreement and your access to any or all File Secure Pro related services at any time, with or without cause, effective immediately. OBI Group shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. Anyone determined by OBI Group to have violated these Terms of Service may be barred from accessing any services of File Secure Pro.

10. DATA STORAGE

    OBI Group will attempt to back up all User data and files each day. OBI Group assumes no responsibility and cannot be held liable for loss of or damage to existing document files or user data.

11. COPYRIGHT AND TRADEMARKS

    All contents of the File Secure Pro Service are proprietary to OBI Group and/or its suppliers and are protected under international Copyright and Trademark law. All rights are reserved. OBI Group reserves any rights not expressly granted herein.

12. PROMOTIONAL MESSAGES

    OBI Group and/or third parties may, from time to time, send e-mail messages to Users containing advertisements, promotions, etc. Such e-mail will be sent to mailbox(es) as submitted by User upon sign up. OBI Group does not make any representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and User agrees that OBI Group shall not have any liability with respect thereto.

13. RIGHTS GRANTED TO OBI GROUP

    By posting messages, submitting any feedback or suggestions, or engaging in any other form of communication with or through the File Secure Pro public Web Site, public forum or public blog, you warrant and represent that you own or otherwise control the rights necessary to do so and to grant OBI Group the licenses set forth below. You hereby grant OBI Group and its affiliated companies permission to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sub-license, create derivative works from, transfer, or sell any such communication.
    
    The foregoing grants shall include the right to exploit any intellectual property or proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. No compensation will be paid or due you with respect to OBI Group’s or its sub- licensee’s use of the materials contained within such communication. OBI Group is under no obligation to post or use any materials you may provide, and may remove such materials at any time in File-Secure, Inc.’s sole discretion

14. RELATIONSHIP OF THE PARTIES

    Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.

15. DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY

    THE FILE SECURE PRO SERVICE PROVIDED IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FILE SECURE EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE FILE SECURE PRO SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY FILE SECURE, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
    
    UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL FILE SECURE, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE FILE SECURE PRO SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE FILE SECURE PRO SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, THEFT, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO FILE SECURE RECORDS, PROGRAMS OR SERVICES.
    
    THIS ALSO INCLUDES, BUT IS NOT LIMITED TO DAMAGE CAUSED BY UNAUTHORIZED ACCESS TO PROTECTED DOCUMENTS BY DISASSEMBLING, CRACKING, HACKING OR OTHERWISE BREAKING THE FILE SECURE PRO PROTECTION ENCRYPTION AND/OR AUTHORIZATION PROCESSES.
    
    THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT FILE SECURE IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM FILE SECURE AND ITS AFFILIATES.
    
    OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE THREE (3) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) ONE HUNDRED DOLLARS ($100).
    
    NO ACTION ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT MORE THAN TWO YEARS AFTER SUCH CAUSE OF ACTION OCCURS
    
    THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.

16. FORCE MAJEURE

    If by reason of failures of telecommunications or internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond the control of OBI Group File-Secure, Inc. is unable to perform in whole or in part its obligations as set forth in this Agreement, then OBI Group shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make File Secure liable to the User.

17. GOVERNING LAW

    New York law shall govern this Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction’s laws. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and cost and expenses incurred, subject to the Limitation of Liabilities clause. The parties consent to the exclusive jurisdiction and venue of the courts of the State of New York or to any Federal Court located within the State of New York.

18. ARBITRATION

    Any legal controversy or legal claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration before the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, as the parties to this agreement agree to be governed by the laws of New York. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in New York necessary to protect the rights or property of party pending the completion of arbitration. The prevailing party from arbitration shall be entitled to reasonable attorney’s fees, which shall be set forth by the arbitrator(s). Judgment upon the award rendered may be entered in any court in the state of New York with jurisdiction. The decision of the arbitrator shall be final and binding on the parties. The parties shall bear equally all fees, costs and expenses of the arbitration, and each party shall bear its own legal expenses, attorneys fees, and costs of all experts and witnesses, provided, however, the arbitration panel may apportion between the parties, as said arbitrator may deem equitable, the cost incurred by either party.
    
    Should either party file an action contrary to this provision, the other party may recover attorneys’ fees and costs up to five hundred ($500) dollars.

19. SEVERABILITY

    If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

20. SURVIVABILITY

    The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely - confidentiality/non-disclosure, warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.
21. INDEMNIFICATION You agree to defend, indemnify and hold harmless File-Secure, Inc. against any and all claims, losses, liability costs and expenses (including but not limited to attorneys’ fees) arising from your violation of these Terms and Conditions or any third-party’s rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with OBI Group

22. HEADINGS

    Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such action.

23. ASSIGNMENT

    In the event of a merger or consolidation of File-Secure, Inc., the surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement.

24. ENTIRE AGREEMENT

    Unless otherwise specified herein, this Agreement constitutes the complete and exclusive statement of the Agreement between the parties regarding the products and services provided hereunder, and supercedes any prior Agreements between the parties with respect thereto.

25. MODIFICATION OF TERMS

    OBI Group reserves the right to modify this policy at any time and without advance notice, effective upon making the modified provisions available on the File Secure Pro Web Site. You are responsible for regularly reviewing these documents. Continued use of the File Secure Pro Service after any such changes shall constitute your consent to such changes. File Secure does not and will not assume any obligation to notify you of any changes to the Terms of Service.

26. COPYRIGHT

    Service and Software Copyright (c) 2001-2010 OBI Group. All rights reserved.

27. CONTACT

    All communications regarding this agreement shall be directed to:
    OBI Group.
    E-mail: support @ file-secure.com.