File Gateway ™ By Pydio Terms of use Version 1.0

Abstrium, SAS, a French corporation ("Pydio") provides a hosted URL shortener and proxy service (to the users of his software Pydio Community and Pydio Enterprise) : File Gateway. Its services to you is subject to the following terms and conditions. By using File Gateway (tm) you agree to be bound by the latest amended versions of this Agreement.

SECTION 1: ACCEPTANCE OF TERMS

By using the information, tools, features and functionality located on Pydio.com, through any Pydio APIs, or through any software or other websites that interface with Pydio.com or its APIs (collectively the “Service”), you agree to be bound by this Agreement. You are a “User” (meaning you have registered with Pydio). If you wish to become a User and make use of the Service you must read this Agreement and indicate your acceptance during the Registration process. If you accept this Agreement, you represent that you have the capacity to be bound by it or, if you are acting on behalf of a company or entity, that you have the authority to bind such entity.

SECTION 2: MODIFICATION

Abstrium SAS reserves the right, at its sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, or content) at any time by posting a notice or by sending you notice through the Services or by e-mail. Abstrium may also impose limits on certain features of the Services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms of Service periodically for changes. Your use of the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 3: COPYRIGHTS AND TRADEMARKS

All content included on Pydio.com, Filesend.cc and Filesha.re such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, as well as the compilation of that content into one, coherent website, are the property of Pydio and protected by international copyright laws. Reproduction of the content of Pydio.com Filesend.cc and Filesha.re without the written permission of Pydio is prohibited.

Pydio®, the Pydio logo, and other Pydio graphics, logos, page headers, button icons, scripts, and service names are trademarks, certification marks, service marks, or other trade dress of Pydio or its subsidiaries. Pydio’s trademarks, certification marks, service marks, and trade dress have inherent meaning and substantial value because of their restricted use. They may not be used in connection with any product or service that is not Pydio’s, in any manner without Pydio’s permission. All other trademarks not owned by Pydio or its subsidiaries that appear on Pydio.com are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Pydio or its subsidiaries.

SECTION 4: LICENSE TO ACCESS FILE GATEWAY AND SERVICES

In consideration for accessing Pydio.com and the Service, Pydio grants you a limited license to access and make professional use of the website. This license does not allow resale of Pydio's services without Pydio's written permission. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Pydio.com without express written consent of Pydio. You may not use any meta tags or any other “hidden text” utilizing Pydio's name or trademarks without the express written consent of Pydio. Any unauthorized use automatically terminates the permission or license granted by Pydio and may incur legal liabilities for any damages.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any non-password protected directories. You may not use any of Pydio's proprietary graphics or trademarks as part of the link without express written permission.

Any abuse of any of Pydio's products are subject to immediate termination of this Agreement. There is to be no use of automated high volume distribution. All use should respect the fair use policy that is established and defined exclusively by Abstrium and Pydio's discretion. The User should refrain from using any API or work around to change the purpose of the use of this Service.

The User will be able to select where the remote server is located between the United States and Europe. Abstrium does not accept any responsibility for reduced performance due to any geographic constraints.

SECTION 5: DOMAIN NAME USED FOR FILE GATEWAY SERVICES

You acknowledge the use of generic domain names such as filesend.cc or filesha.re as URL used to shorten your public link shares.

SECTION 6: ACCOUNTS, PASSWORDS, AND API KEYS

If you are issued an account, you are responsible for maintaining the confidentiality of your account, password, And API keys and you agree to accept responsibility for all activities that occur under your account, password or API key. Abstrium reserves the right to, under its sole discretion, refuse service, suspend or terminate accounts, or otherwise restrict access to « the sites » and the Pydio Service.

You are solely responsible for the activity that occurs on your Account, and for keeping your Account secure. You are not permitted to use another Account without permission. You must notify us immediately of any breach of security or other unauthorized use of your Account. You should never publish, distribute or post login information for your Account.

SECTION 7: YOUR CONTENT

You retain full copyrights in any materials served through the File Gateway.

SECTION 8: RECORDS OF YOUR VISITORS AND ABUSE

As part of the Pydio File Gateway Service, you acknowledge that it is your responsibility to ensure that the use of Pydio’s Service is permitted under the laws of your jurisdiction and you agree to indemnify and hold Pydio harmless if your use of the Service is in violation of local law. Where required by law, you agree to post a privacy policy on any that, at a minimum, discloses any and all uses of personal information that you collect from users including any information collected via the Service. You agree to indemnify and defend Pydio from and against any and all claims stemming from your failure to comply with this provision and/or your failure or refusal to abide by the terms and provisions of any applicable privacy policies.

Pydio File Gateway is a pass-through network and, at most, if the caching option is ordered caches content for a limited period in order to improve network performance. Pydio automatically removes content from our caches when it has been unshared from our customer's origin file server.

Pydio is a link hosting provider and can remove public shares links. Individuals or copyright holders concerned with content served through File Gateway may submit a complaint for investigation to: https://pydio.com/en/contact.

Pydio does not accept abuse complaints submitted over the telephone. If you would prefer not to use our complaint submission form, you may mail your complaint to:

Pydio. Attn: Legal Department 160 bis rue du Temple, 75003 Paris France

Please provide detailed information supporting your complaint.

By submitting a complaint, you acknowledge that, at Pydio's sole discretion, copies of the complaint may be provided to the Pydio client, the client's hosting provider, posted on Pydio's website, and/or provided to third party services.

SECTION 9: SERVICES AND LIMITATIONS

File Gateway Service allow you to shorten URLs and share files using the filesend.cc and filesha.re domains as the link. As long as you comply with these Terms of Service, you may use the Services for commercial purposes. As long as you comply with these Terms of Service, you have the right to use this software to access and use the Services. This license is for the sole purpose of enabling you to use the Services, as permitted by these Terms of Service. You may not modify, re-distribute, or sell the software, nor may you decompile or attempt to extract the source code of that software.

You acknowledge that Pydio File Gateway is offered as a platform to shorten URL and act as a proxy to cache and serve files shared and is not offered for other purposes, such as remote storage. Accordingly, you understand and agree to use the Service solely for the purpose sharing files with third parties external to your organization. Pydio's Service is also a shared web caching service, which means a number of customers' websites are cached from the same server. To ensure that Pydio's Service is reliable and available for the greatest number of users, a customers' usage cannot adversely affect the performance of other customers' sites. Additionally, the purpose of Pydio's Service is to proxy web content, not store data. Using an account primarily as an online storage space, including the storage or caching of a disproportionate percentage of pictures, movies, audio files, or other non-HTML content, is prohibited. You further agree that if, at Pydio's sole discretion, you are deemed to have violated this section, or if Pydio, in its sole discretion, deems it necessary due to excessive burden or potential adverse impact on Pydio's systems, potential adverse impact on other users, server processing power, server memory, abuse controls, or other reasons, Pydio may suspend or terminate your account without notice to or liability to you.

SECTIONS 10: QUOTAS AND INVOICING

File gateway is sold by monthly or annual contracts. You can order a starter pack of 1TB data transfer 1000 share links valid for 1 year, or a Monthly 1TB data transfer under a 12 month contract.

WHEN YOU HAVE REACHED THE QUOTA, THE SERVICE WILL CEASE TO FUNCTION.

Under no circumstances do your unused shares rollover. Any non-used transfers will be forfeited at the end of each billing period. Share links are valid for up to 12 months.

SECTION 11: INDEMNITY

You agree to indemnify and hold Pydio, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, arising out of your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.

SECTION 12: DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE PYDIO SERVICE, AND DOWNLOADABLE SOFTWARE ARE PROVIDED BY PYDIO ON AN “AS IS” AND “AS AVAILABLE” BASIS. PYDIO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF PYDIO.COM, THE EFFECTIVENESS OF ITS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON PYDIO.COM. YOU EXPRESSLY AGREE THAT YOUR USE OF PYDIO.COM, THE PYDIO SERVICE, AND ANY DOWNLOADABLE SOFTWARE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PYDIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PYDIO BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF PYDIO.COM, THE PYDIO SERVICE, OR DOWNLOADABLE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

PYDIO MAKES REASONABLE EFFORTS, BUT DOES NOT WARRANT THAT PYDIO.COM, THE PYDIO SERVICE, ANY DOWNLOADABLE SOFTWARE, THE Pydio SERVERS, OR EMAIL SENT FROM ANY OF ITS DOMAINS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PYDIO WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PYDIO.COM, THE PYDIO SERVICE, OR PYDIO DOWNLOADABLE SOFTWARE INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

SECTION 13: AUTOMATIC RENEWAL AND CANCELLATION

WHEN YOU REGISTER FOR THE SERVICE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) PYDIO (OR OUR THIRD PARTY PAYMENT PROCESSOR) IS AUTHORIZED TO CHARGE YOU ON A MONTHLY OR YEARLY BASIS FOR YOUR SUBSCRIPTION TO THE SERVICE (IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES) FOR AS LONG AS YOUR SUBSCRIPTION TO THE SERVICE CONTINUES, AND (B) YOUR SUBSCRIPTION TO THE SERVICE IS CONTINUOUS UNTIL YOU CANCEL IT OR WE SUSPEND OR STOP PROVIDING ACCESS TO THE SERVICE IN ACCORDANCE WITH THESE TERMS OF USE.

IN ORDER TO PREVENT AUTO-RENEWAL OF YOUR SUBSCRIPTION, YOU MUST CANCEL YOUR SUBSCRIPTION THROUGH YOUR ACCOUNT DASHBOARD BEFORE THE BEGINNING OF YOUR NEXT MONTHLY BILLING PERIOD. YOU WILL BE BILLED IN FULL FOR THE MONTHLY BILLING PERIOD IN WHICH YOU CANCEL.

SECTION 14: TERMINATION

Pydio's policy is to investigate violations of these Terms of Service and terminate repeat infringers. You agree that Pydio may, under certain circumstances and without prior notice, immediately terminate your Pydio account, any associated email address, and access to Pydio.com and associated Services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the Terms of Service or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Service (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) you have engaged or are reasonably suspected to be engaged in fraudulent or illegal activities; (h) having provided false information as part of your account; (i) having failed to keep your account complete, true, and accurate; (j) any use of the Service deemed at Pydio's sole discretion to be prohibited; (k) use of fraudulent payment methods; and/or (l) nonpayment of any fees owed by you in connection with Pydio.com and associated Services. Further, you agree that all terminations for cause shall be made in Pydio's sole discretion and that Pydio shall not be liable to you or any third-party for any termination of your account, access to the Service, or any disruption to your services such a termination may cause. You expressly agree that in the case of a termination for cause you will not have any opportunity to cure. You further acknowledge and agree that notwithstanding any termination, your obligations to Pydio set forth in Sections 6, 8, 9, 10, 12, 13, 19, 20, and 21 shall survive such termination.

SECTION 15: PUBLICITY

Pydio shall be permitted to identify you as a customer, to use your website’s name in connection with proposals to prospective customers, to hyperlink to your website’s home page, to display your logo on the Pydio's web site, and to otherwise refer to you in print or electronic form for marketing or reference purposes.

SECTION 16: NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to this Agreement.

SECTION 17: WAIVER

The failure of Pydio to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

SECTION 18: SEVERABILITY OF TERMS

If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

SECTION 19: NON-TRANSFERABILITY OF ACCOUNTS

You agree that your Pydio account is non-transferable except with the written consent of Pydio.

SECTION 20: TIME LIMITATIONS FOR CLAIMS

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Pydio.com must be filed within one year after such claim or cause of action arose or be forever barred.

SECTION 21: APPLICABLE LAW

By visiting Pydio.com, you agree that the laws of the France and, specifically, those of the Paris court, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Pydio or its affiliates. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in Paris, France.

SECTION 22: VERSIONS

The authoritative version of File Gateway ™ By Pydio terms of Service is available at: www.Pydio.com/terms

SECTION 23: HEADINGS

The headings and section titles in the Terms of Service are for convenience only and have no legal or contractual effect.