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Terms of Use

FILECLOUD USE AGREEMENT AND ACCEPTABLE USE POLICY - REVISED 4/1/2006

  • This Filecloud use agreement and acceptable use policy (the "Agreement" or the "AUP") provides important information about your Filecloud membership, so you should take the time to read and understand it. You may review, save or print any part of this Agreement. We encourage you to print out a copy of this entire document and refer to it as you use Filecloud.

  • IMPORTANT: IF YOU CHOOSE TO ACCEPT THIS AGREEMENT, YOU MUST DO SO AS IT IS PRESENTED TO YOU — NO CHANGES (ADDITIONS OR DELETIONS) WILL BE ACCEPTED BY OOKLA.

  • Ookla may change, add or remove any part of this Agreement, or any part of the Filecloud services and features, including price, at any time. If it does so, Ookla will post such changes on the Filecloud site.

  • IF ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING FILECLOUD. YOUR CONTINUED USE OF FILECLOUD NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY SUCH CHANGES, WILL INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT, AND OF ANY SUCH CHANGES.

USING FILECLOUD

  • To use a Filecloud account, you must be at least 13 years old (or, for non-U.S. users, such older minimum age as may be required by applicable local law). If you are under the required age, you may still use Filecloud (subject to applicable local non-U.S. law), but only if the account you are using was created and registered by your parent or legal guardian.

  • This Agreement is a legal document that sets forth your rights and obligations as a Filecloud user. You cannot use Filecloud until you have accepted the terms of this Agreement, and you must abide by the terms of this Agreement in order to have the right to use Filecloud.

  • When you accept this Agreement and complete the Filecloud registration process, you become the account holder. As a Filecloud account holder, Ookla provides you with a limited, non-exclusive license for no more than the term of your membership (or, if you are a trial or free user, for the term of your trial or free period) to use the member name and password provided to you for your account. Your member name, when confirmed by Ookla, is your on-line identity. Do not reveal your password to other users. Your account could be disabled and cancelled if it appears to have been compromised. Your account is your responsibility.

  • As used in this Agreement, "Content" means the text, software, communications, images, sounds, and all other information and materials you generate, download, upload, or otherwise encounter through your account or on-line through the Internet.

TRIAL OR FREE PERIOD USE

  • At time of this revision (3/24/2005), there is no defined term or period for trial or free usage of Filecloud. In the event that trial or free users of Filecloud are able to generate, post, or otherwise upload content to Filecloud, such users will be subject to "Authorization to Remove Content", below.

  • If you are not ready to become a Filecloud member, you may wish to use a "trial or free" version of Filecloud. Some features of Filecloud may not be available in the "trial or free" version, or the functionality of available features in the "trial or free" version may be limited. During this trial or free period, you agree that Ookla will have the right (subject to applicable local non-U.S. law) to send you communications, notices and news about Filecloud, either to the email address you have given us. (Local non-U.S. law may allow you to revoke your consent to receiving these communications at any time during the trial or free period.) You will also be subject to the provisions of this Agreement during any trial or free period. If you do not become a member prior to the end of your trial or free period, your access to Filecloud may be terminated and any content you have stored on Filecloud may be removed. (See "Authorization to Remove Content", below.) Any information you have given us with respect to your trial or free period use will be in our system, and it will be subject to the terms of the Filecloud Privacy Policy. Any individual features of Filecloud you may have used during the trial or free period, which are subject to separate software licenses, will also be terminated as provided in those license agreements.

TERMS

  • "Prior Notice" means a change made to these Terms of Service and posted to the Filecloud website or an email sent to the email address we have on file for your Account.

  • "Content" means data and/or files stored on Filecloud.

NOTICES

  • Ookla may give notice to any Filecloud user by sending an e-mail message to the email address as registered on to the user's account or by sending a letter via postal mail to the billing address listed in the user's Filecloud registration.

PAYMENT

  • If you elect to become a Filecloud member, you agree to pay all charges for Filecloud at the prices set forth on the Filecloud site and upon the terms set forth on that site and in this Agreement. All charges are exclusive of any value added tax ("VAT"), sales tax or other taxes, except as required by applicable law. Ookla reserves the right to change prices or to institute new charges for Filecloud or any portion of Filecloud at any time, upon Prior Notice. Price changes and institution of new charges implemented during your membership period will apply to subsequent membership periods and, at the sole discretion of Ookla, to all new Filecloud users after the effective date of the change. All pricing changes will be posted on the Filecloud site, and such posting shall be considered sufficient notice to you of such changes. You are responsible for regularly reviewing pricing information as posted so that you have notice of such changes. Your continued use of Filecloud, or your failure to terminate your membership, Prior Notice will constitute your acceptance of the terms and prices for subsequent membership periods.

  • Consult your Filecloud account management page for details on billing currency for services purchased on-line. Invoices will be provided electronically via e-mail to the address for the user account. You also agree that Ookla may automatically charge your credit card for renewal of your membership without further authorization from you, unless and until you provide Ookla with at least five (5) days prior notice that you do not wish to renew your membership to Filecloud or that you wish to change your previously designated credit card account. You may provide notice that you do not wish to renew your Filecloud membership by visiting your Filecloud account settings page.

  • If payment is not received by Ookla from your credit card issuer or its agents, due to insufficient funds or insufficient credit and you have not cancelled your Filecloud membership prior to this time, you agree to pay all amounts due from you for your Filecloud membership, upon demand by Ookla.

AVAILABILITY OF THE SERVICE

  • While Ookla makes reasonable efforts to ensure that Filecloud is available at all times, Ookla does not guarantee, represent or warrant that Filecloud services will be uninterrupted or error-free, and Ookla does not guarantee that users will be able to access or use all the Filecloud features at all times.

  • Subject to any specific license agreements for various Filecloud software features (including third party software), Ookla may change, suspend or discontinue any (or all) aspects of Filecloud at any time, including the availability of any Filecloud feature. Ookla may also impose limits on the use of or access to certain features or portions of Filecloud, or restrict your access to any part or all of Filecloud, in all cases without notice or liability. You must read and accept any separate software or other license agreement or terms of use for particular products, services or features of Filecloud, if you elect to use those products, services or features.

  • Ookla also does not guarantee or warrant that any Content you may have in your account at Filecloud will not be subject to inadvertent damage, corruption or destruction. You are responsible for backing up, on your own computer, any important documents, images or other Content. If any data, messages, images or other Content in your account and stored on the Filecloud system is damaged, lost or corrupted in any way, Ookla will have no obligation or liability to you except as otherwise expressly set forth in any applicable individual software license agreement for any particular Filecloud feature or service.

ACCEPTABLE USE POLICY GUIDELINES

  • Ookla encourages Filecloud users to participate in the on-line world to express their views and to benefit from the interactive experience. However, it is important to remember that there are rules and standards that you must abide by when you use Filecloud, whether you are using Filecloud on a trial or free basis or as a paying member. These rules and standards are described in this Agreement. As a Filecloud user, you agree to comply with this Agreement, and you acknowledge that Ookla has the right to enforce this Agreement in its sole discretion. This means that if you, or anyone using your Filecloud account (including anyone using any sub-account you may establish under your main account), violate the terms of this Agreement, Ookla may take any and all appropriate actions—this can range from the issuance of a warning about a violation to the termination of your access privileges for Filecloud to legal action—as Ookla deems necessary or appropriate. Ookla is not required to provide notice prior to terminating your Filecloud access for violating these rules and standards, but it may choose to do so.

  • You are solely responsible for your conduct, and the conduct of anyone using your account while using Filecloud, including the contents of all messages generated or forwarded, and all Content in any folders, profile pages or other transmissions, information, images or other interactions generated, transmitted or maintained on or through your Filecloud account. Ookla will not be responsible or liable in any way for any such on-line distribution or publication. Ookla is not responsible for reviewing messages or other content which may be generated or posted on or through your account (although Ookla reserves the right to monitor members' use of Filecloud—see "Investigations", below), and Ookla will not be responsible for anything in any of those messages or Content.

  • Ookla reserves the right to delete, move or edit any item that Ookla, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise illegal, inappropriate or unacceptable, including any material Ookla believes may subject Ookla to any liability or which may cause Ookla to lose the services of any supplier, including but not limited to any Internet Service Providers (ISPs) which may provide services to Filecloud users.

  • Your use of Filecloud should conform to the requirements of the law, respect for the rights of other users of Filecloud and third parties, and current standards for communicating on-line. By your use of Filecloud, you agree to use appropriate conduct and language when you are online—this includes (but is not limited to) following the rules of any ISP, any other on-line services, this Agreement and all applicable state, local and federal laws (including non-U.S. law where appropriate).

  • Ookla reserves the right to terminate your access to Filecloud at any time, with cause or without cause, in the event of any breach of this Agreement by you (or anyone using your account), your infringement of Ookla's or Filecloud's or others' intellectual property, or any other circumstances which, in Ookla's sole discretion, merit termination. Any such termination may, if Ookla elects (and subject to applicable law), be without any refund to you of any prepaid fees or amounts.

  • Inappropriate conduct falls into a number of categories. The more commonly understood categories are discussed below, although this list is not exclusive.

ILLEGAL, TORTIOUS AND PROHIBITED CONDUCT

  • Filecloud may be used only for lawful and proper purposes. The laws and rules that apply in the off-line world must be obeyed on-line as well. Posting, transmitting, promoting, using, distributing or storing Content that could subject Ookla to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control laws. If Ookla elects to terminate your right to use Filecloud as a result of any illegal or prohibited conduct, Ookla may elect, in its sole discretion (subject to applicable law), not to refund any prepaid fees or other amounts to you.

  • Examples of prohibited conduct are:

    • Publicly posting obscene content (including child pornography)
    • Planning illegal activity, such as building a bomb or counterfeiting money
    • Advertising a lottery, ammunition, firearms, tobacco, alcohol, illegal drugs and drug-related paraphernalia
    • Pretending to be anyone you are not—you may not impersonate or misrepresent yourself as another person (including celebrities, game developers, creators of alternative Operating systems that begin with the letter L, or owners of popular humor websites with 6 character nicknames beginning with the letter L), another Filecloud user, an Ookla employee, or a civic or government leader; Ookla reserves the right to reject or block any Filecloud user name which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person's name or identity
    • Using false statements to get, or to attempt to get, account information or other private information from other Filecloud or Internet users
    • Engaging in copyright infringement or other intellectual property infringement, or disclosing trade secret or confidential information in violation of a confidentiality or nondisclosure agreement

  • If you believe that illegal, tortious or other prohibited Content is being transmitted through any Filecloud service, you may report it by using the "Illegal Content Report" option on the Filecloud Contact page.

  • Ookla reserves the right to cooperate with law enforcement authorities, including complying with warrants, court orders and subpoenas. If Ookla decides to investigate or resolve possible misuse involving you or anything you do on Filecloud, Ookla is entitled to disclose any information about you in Ookla's possession in connection with your use of Filecloud and anything you do with Filecloud to law enforcement or other government officials, as Ookla in its sole discretion believes to be necessary or appropriate. By your acceptance of this Agreement and your use of Filecloud, you authorize Ookla to take any such actions.

OBJECTIONAL CONDUCT AND CONTENT

  • It is essential that all Content on Filecloud reflect the provisions of this Agreement. Ookla reserves the right to remove Content if Ookla becomes aware of any Content in any Filecloud area which, in Ookla's judgment, does not conform to this Agreement. Ookla may send you a warning about the violation of this Agreement if your Filecloud account was responsible for putting objectionable Content on-line, but we reserve the right not to do so. At all times, Ookla reserves the right to terminate, with or without notice, the accounts of Filecloud users who violate this Agreement. In such case, you will not be entitled to any refund of your annual membership fee or of any additional fees you may have paid for upgraded services (subject to applicable law).

  • Examples of objectionable conduct and content that violate the Filecloud acceptable use policy are:

    • Harassing, threatening, or embarrassing another Filecloud or Internet user, including unsolicited commercial communications
    • Stalking another Filecloud or Internet user ("cyberstalking")
    • Transmitting, storing or facilitating distribution of Content that is harmful, abusive, violent, racially or ethnically offensive, lewd, vulgar or (in a reasonable person's view) objectionable
    • If you are an adult, requesting personal or other information from a minor (any person under the age of 18 or, in non-U.S. areas, such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip code, telephone number, picture, or the names of the minor's school, church, athletic team or friends
    • Posting Content that defames, abuses or threatens physical harm to others or yourself

  • Please remember that these are only guidelines; there are always "gray areas." Ask yourself if your communication is something that you would say in a room full of people you never met, or in the workplace. However, Ookla reserves the right to make the final determination about whether Content is objectionable or not.

  • If you encounter something you find inappropriate, you may report it by filling out the form on the Filecloud Contact page.

COPYRIGHT AND INTELLECTUAL PROPERTY INFRINGEMENT

  • Much of the Content available through Filecloud is owned by others, and is protected by copyrights, trademarks, rights of publicity and other intellectual property rights. Before you upload or download any Content while using Filecloud, make sure you have been given the legal right to do so by the owner of the content.

    • You must not copy, transmit, modify, distribute, show in public or in private, or create any derivative works from any of the Content you find through Filecloud, unless you have the legal right to do so; and
    • You must not make available serial numbers for software for the purpose of illegally validating or registering software.

  • Making unauthorized copies of any Content can lead to the termination of your Filecloud access (without any refund of any prepaid fees or other amounts, subject to applicable law) and may even subject you to legal action. In addition, the owner of the Content may take criminal or civil action against you. If a Content owner takes legal action against Ookla because of your unauthorized use of Content, you agree (to the extent permitted by applicable law) to hold harmless and indemnify Ookla, its subsidiaries, affiliates, related companies, employees, officers, directors, agents and suppliers against any liability, claims, or demands, including the costs of Ookla hiring attorneys to defend against the action.

  • By submitting or posting Content on areas of Filecloud accessible by the public, you are representing that you are the owner of such material or have authorization to distribute it. You hereby grant Ookla a worldwide, royalty-free, non-exclusive license to reproduce, modify, adapt and publish any such public area Content solely for the purpose of displaying, distributing and promoting the area on which such Content is posted. Said license will be in effect only as long as you are a Filecloud account holder (including any trial or free period use), and will terminate upon removal of such Content from the public area or when you are no longer a Filecloud member or user, whichever happens first.

  • If you believe that any Content in which you claim copyright has been infringed by anyone using Filecloud, please contact Ookla's agent (see below), and provide the following information, as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. 512):

    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • Identification of the copyright work claimed to have been infringed, or (if multiple copyrighted works at a single on-line site are covered by a single notification) a representative list of such works at that site;
    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Ookla to locate the material;
    • Information reasonably sufficient to permit Ookla to contact the complaining party;
    • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    • A statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

  • Ookla's copyright agent for notice of claims of copyright infringement on or regarding Filecloud can be reached as follows:

  • By email: contact@filecloud.com

  • By mail:
    Copyright Agent re: Filecloud
    Ookla LLC
    1201 Western Ave.
    Seattle, WA 98101

  • Phone: 206-971-5177
    Fax: 206-971-5178

VIOLATIONS OF NETWORK AND SECURITY

  • Violations of system and network security are prohibited, and may result in criminal and civil liability. Ookla will investigate incidents involving such violations and will report any suspected criminal activity to and cooperate with law enforcement. Examples of system and network security violations include the following:

    • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express authorization of the owner of the system or network
    • Unauthorized monitoring of data or traffic on any network or system without the express authorization of the owner of the system or network
    • Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks
    • Falsifying your user identity or providing other false information to Ookla or to other users of Filecloud in connection with your use of Filecloud or any feature of Filecloud
    • Posting viruses or software designed to create a virus or to do harm to Filecloud, any Filecloud members or users of Filecloud, or any network
    • Taking any other action to disrupt the normal use of Filecloud or the Internet by other users

  • Filecloud has been designed primarily for personal use. Filecloud is not intended to be used to host e-commerce businesses for marketing, promotions and sales (including, without limitation, software distribution) over the Internet unless via separate business arrangement with Ookla. Filecloud accounts are also not intended to be used for FTP access and downloading. Filecloud accounts and the features and services which make up Filecloud are limited in terms of the bandwidth for network traffic and disk utilization for storage allocated to them, as described in the Filecloud feature pages. Exceeding any applicable limitation of bandwidth or capacity is prohibited. If there is excess usage on your account, determined at Ookla's sole discretion, Ookla reserves the right to temporarily disable access to information available from your account through a URL. Repeated violations may result in termination of your account.

  • In addition to the Filecloud account limitations on bandwidth and disk utilization, certain commercial or business uses are prohibited, including the following:

    • Soliciting for advertisers or sponsors
    • Posting sponsorships and third-party advertisements and banners
    • Reselling, renting or subleasing Filecloud space under any circumstance
    • Using or providing to any third person or entity, whether or not for a fee, any directory of or information regarding Filecloud users other than for personal, non-commercial purposes

INVESTIGATIONS

  • OOKLA RESERVES THE RIGHT (SUBJECT TO APPLICABLE LOCAL LAW), IN ITS SOLE DISCRETION, TO MONITOR ALL FILECLOUD FEATURES AND CONTENT, INCLUDING BUT NOT LIMITED TO A USE OF AN ACCOUNT FOR THE PURPOSE OF INVESTIGATING VIOLATIONS OF THIS AGREEMENT.

  • When Ookla becomes aware of possible violations, Ookla may initiate an investigation, which may include gathering information from any Filecloud user or account involved, any third party and any complaining party.

  • During the investigation, Ookla may suspend or terminate any or all of a user's Filecloud accounts involved and/or remove the Content involved from Ookla's system. If Ookla believes, in its sole discretion, that a violation of this Agreement has occurred, it may take responsive action, including but not limited to permanent removal of illegal or inappropriate Content from the Filecloud system, warnings to the Filecloud user(s), and the suspension or termination of the account or accounts responsible.

  • If, as a result of any such investigation, Ookla believes that any criminal activity has occurred, Ookla reserves the right to refer the matter to, and to cooperate with, any and all appropriate law enforcement authorities.

  • BY BECOMING A FILECLOUD USER, YOU AGREE (TO THE EXTENT PERMITTED BY APPLICABLE LAW) TO WAIVE ANY CLAIMS YOU MAY HAVE AGAINST OOKLA, AND TO HOLD OOKLA HARMLESS AND INDEMNIFY OOKLA WITH RESPECT TO ANY CLAIMS, RELATING TO ANY ACTION TAKEN BY OOKLA AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OOKLA OR RECOVER ANY DAMAGES WHATSOEVER FROM OOKLA AS A RESULT OF ITS DECISION TO REMOVE MATERIAL FROM THE FILECLOUD SYSTEM, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR FILECLOUD ACCOUNT, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF OOKLA'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

AUTHORIZATION TO REMOVE CONTENT

  • Ookla reserves the right to disable your access to Filecloud and to permanently remove any Content you may have stored on Filecloud

    • At the end of any trial or free period, if you do not elect to become a paid Filecloud member.
    • Upon expiration of your membership period, if you do not renew, or upon cancellation of your membership.
    • If your credit card is declined upon renewal of your membership or when you elect to become a member after a trial or free period, or if your card issuer (or its agent or affiliate) seeks return of payments previously made to Ookla.

DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS

  • YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE FILECLOUD SERVICES ARE AT YOUR SOLE RISK. FILECLOUD SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

  • OOKLA DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH FILECLOUD WILL BE FREE OF VIRUSES, "WORMS", "TROJAN HORSES", OR OTHER HARMFUL COMPONENTS. OOKLA'S ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY FILECLOUD SHALL BE CANCELLATION OF YOUR ACCOUNT.

  • IN NO CASE SHALL OOKLA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF FILECLOUD OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR FILECLOUD USE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OOKLA'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

  • EXCEPT AS EXPRESSLY SET FORTH IN ANY SEPARATE SOFTWARE LICENSE OR IN THIS AGREEMENT, OOKLA DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH FILECLOUDAND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTIES THROUGH FILECLOUD. YOU HEREBY RELEASE OOKLA FROM ANY AND ALL OBLIGATIONS, LIABILITY AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS.

U.S. EXPORT CONTROLS

  • You agree to abide by U.S. and other applicable export control laws and not to transfer from the U.S., by electronic transmission or otherwise, any Content or software subject to restrictions under such laws to a destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to your Filecloud account any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this Agreement.

LEGAL PRINCIPLES

  • This Agreement represents your entire agreement with Ookla with respect to Filecloud. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, as a Filecloud user, and Ookla.

  • If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Except as required by applicable non-U.S. local or national law, the laws of the State of Washington, United States of America, excluding its conflicts of law rules, govern this agreement and your use of Filecloud. Your conduct and use of Filecloud may be subject to other local, state, national (U.S. and non-U.S.), and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Ookla regarding Filecloud or relating in any way to your account or your use of Filecloud resides in the courts of the State of Washington. You further agree and expressly consent to the exercise of personal jurisdiction in the Washington courts in connection with any such dispute, including any claim involving Ookla or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers with respect to Filecloud.

FOR NON-U.S. FILECLOUD USERS

  • THE FILECLOUD SERVICE IS PROVIDED BY OOKLA LLC, A WASHINGTON COMPANY, AND NOT BY ANY OF ITS SUBSIDIARIES OR AFFILIATES, AND IT IS BASED IN THE UNITED STATES. THE PERSONAL INFORMATION WHICH YOU GIVE OOKLA WILL BE USED TO ESTABLISH YOUR ACCOUNT (WHETHER A TRIAL OR FREE ACCOUNT OR OTHERWISE) WILL BE TRANSFERRED TO AND MAINTAINED IN FILECLOUD RECORDS IN THE UNITED STATES. IF YOU DO NOT CONSENT TO THIS TRANSFER, DO NOT ACCEPT THE TERMS AND CONDITIONS FOR THE FILECLOUD SERVICE.

Copyright 2006 Ookla All Rights Reserved