PLEASE READ THE FOLLOWING TERMS AND CONDITIONS BEFORE REGISTERING AND USING E. MOCHILA SERVICE:
BY USING E. MOCHILA'S SERVICES YOU ARE IMPLICITLY ACCEPTING AND AGREEING TO THESE TERMS AND CONDITIONS.
You have selected to use the E. Mochila WebAsyst file storage and retrieval service (the "Service"). The Service is provided to you under the terms and conditions set forth in these Terms and Conditions of Use ("Agreement").
1. Description of Services
Subject to E. Mochila, Inc.'s acceptance of Your registration and Your compliance with the terms and conditions of this Agreement, E. Mochila, Inc. will provide You with the following service (the "Basic Service") : (a) E. Mochila, Inc. will establish one (1) online storage and online backup account in Your name on the E. Mochila, Inc. servers (the "Account"); (b) E. Mochila, Inc. will initially allow you to store up to a total of 250 megabytes of data files in your Account, or will allow you to store up to a limit higher than the offer depending on the user's choice among the provided storage options for a subscription fee, including the ability to create sub-accounts for other parties to have access to sections of the account ; and (c) E. Mochila, Inc. will allow You to retrieve data files from Your Account; and (d) If sub-accounts are created by the main account holder, the main account holder is responsible for all the actions arising from the sub-account holders, and will make sure that all the terms and conditions described here are adhered to by the sub-account holders.(e) In Your use of the Service, you are responsible for providing the following: (i) all equipment, such as a computer and modem, necessary to access the World Wide Web; (ii) Your own access to the World Wide Web; and (iii) payment of all telephone or other fees associated with such access. Please note E. Mochila provides an extensive range of services. It is possible that one or more of these services may not be available at certain times. Please see the home page to get current status on the services.
2. Conditions of Use
You are solely responsible for the content of all data You store or retrieve from, or attempt to store or retrieve from, Your Account and the Public Folders and for all transmissions by You from and to Your Account. Your use of the Service is subject to all applicable local, state, national and international laws and regulations. You will: (a) not use the Service for any illegal purposes; (b) not use the Service to store, retrieve, transmit or view any file, data, image or program that contains: (i) any illegal pictures, materials or information; (ii) any harassing, libelous, abusive, threatening, harmful, vulgar, pornographic, obscene or otherwise objectionable material of any kind or nature; (iii) any material 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; (iv) any code or material that violates the intellectual property rights of others; (v) any Windows temporary files of any kind (including, without limitation, any *.p or ~*.* files); or (vi) any viruses, worms, "Trojan horses" or any other similar contaminating or destructive features; (c) comply with United States and other applicable law regarding the exportation and re-exportation of any data or other materials from the United States or other jurisdictions through the Service; (d) not use the Service for any spamming, chain letters or other use that may otherwise disrupt the Service or the networks through which You access and use the Service; (e) comply with all regulations, policies and procedures of networks through which You access and use the Service; and (f) not access or attempt to access any Service account for which You have no access authorization or duplicate, modify, distribute or display any of the data or files from any such account.(g) not use sharing features in a way that amounts to 'publishing' and restrict the use of sharing features to share data between friends, colleagues and business partners, in a very limited sense. (h) E. Mochila and WebAsyst service should not be used to sell digital content to others. It is not a media for dissemination of digital content for commercial purposes. E. Mochila may use automated procedures to detect unacceptable level of usage and may immediately disable offending accounts, and the process of detection may vary from time to time, based on misuse detected. E. Mochila's WebAsyst is NOT a service for storing and disseminating large amounts of data to large number of recipients. It is an Online Storage and Backup service. E. Mochila is not responsible for any business interruptions that may be caused due to this process.
Any link(s) provided through a web site or a mass email to download/upload files stored at E. Mochila's WebAsyst Accounts is completely unacceptable and would be considered as violation of terms as per the (g) clause mentioned above.
3. Registration Information/Credit Card Charges/Storage Over Limits
You authorize a recurring monthly or annual charge to your credit card in exchange for use of the E. Mochila service as indicated by published standard plans or a customized quote provided for your specific use. You also agree that the enrollment for the next service period is automatic. Please note that refunds on a pro-rated basis not issued.
E. Mochila will not issue any pro-rated refunds for the remaining period during the month when an account with a monthly subscription plan ("current plan") is downgraded to a smaller plan ("new plan") (a plan that costs less per month than the current plan) during the middle of a month. However the rate applicable to the new plan will automatically be charged starting the first of the subsequent month.
E. Mochila may allow for use of storage space beyond the specified plan limit chosen by the user. This is designed to allow for uninterrupted backups, in case the usage exceeds the quota limits. overuse charge may be applied for the overused storage at the rate of $19.99/GB/Month. This rate may change without notice. If we are unable to execute overuse charges due to credit card denial or for whatever reasons, user will be notified via email. In case of non-action by the user, the account may be cancelled.
3a. Use of IP Addresses
An IP address is a number that's automatically assigned to your computer whenever you're surfing the Web. E. Mochila may collect IP addresses for the purposes of system administration, to audit the use of our site. We can and will use IP addresses to identify a user when we feel it is necessary to enforce compliance with our house rules or terms of service or to protect our service, site, customers, or others. Some services and Emails sent from E. Mochila, such as registration related, may display IP addresses along with the message.
3b. Automatic conversion of Trial to Paid Accounts
E. Mochila may offer trial accounts that require users to provide credit card information which may be used to convert the trial to a paid account at the end of free trial period. If the card transaction fails at the end of free trial period, an email would be sent to the user requesting the user to upgrade the account manually online. In such a case, if the user fails to upgrade to a paid account before end of free trial, account may be terminated.
4. Account and Password
After You accept this Agreement and Your registration has been accepted by E. Mochila, Inc., You are solely responsible for any consequences arising out of Your failure to maintain the confidentiality of Your Password. You will notify E. Mochila, Inc. of any unauthorized use or other breach in security of Your Account immediately after You learn of the same.
5. Security of Stored Data and Files
E. Mochila, Inc. will endeavor to restrict access to the data and files You store or retrieve from Your Account to persons accessing such data and files through use of Your Account or Password. However, it may be necessary to access user’s accounts for support requirements. It may also be necessary to access user’s accounts to verify that the accounts are not being misused, especially with respect to digital copyright laws and resource misuse checks including bandwidth. For higher security and privacy requirements, users are advised to use a personal firewall service for in-house computers that enforces default encryption on storage.
6. Content of Stored Data and Files
You are solely responsible for (a) obtaining sufficient rights to the content of all data and files stored by You on E. Mochila, Inc.'s servers and (b) ensuring that such content does not include any of the items listed in paragraph 2(b) above. E. Mochila, Inc. normally does not review, inspect, edit or monitor any content, data or files stored by You or any other user of the Service, including, without limitation, for viruses, worms, "Trojan horses" or any other similar contaminating or destructive features. However, if E. Mochila, Inc. has suspicion that an account is being used for storage and distribution of any illegal material such as copyrighted content, E. Mochila, Inc. reserves the right to examine the content of the online storage and backup account. In addition, E. Mochila, Inc. may be asked to provide user data and logs as a part of a legal issue in a third party case by a court order or a subpoena, discovery request or other lawful process that may override privacy rules. E. Mochila, Inc. reserves the right to refuse, remove or disable access to any data or files stored on E. Mochila, Inc.'s servers with immediate effect that E. Mochila, Inc. learns may be illegal, may violate the terms of paragraph 2 above, may violate the rights of any third party or otherwise may be reasonably objectionable. Copyright laws and laws pertaining to patents and inventions protect original works of authorship and inventions. Individuals who reproduce, distribute copies, receive copies, publicly perform or display works or inventions other than their own and without the consent of the owners or holders of rights, or their authorized agents, in original works of authorship or inventions, may be in violation of copyright, patent or other intellectual property infringement. E. Mochila, Inc. does not encourage or condone the illegal copying of copyrighted material. This is not intended to be legal counsel or advice. If you have any questions, consult your attorney.
6a. Backups of Your Data
E. Mochila maintains regular backups of data to recover from any software/hardware failures. Multiple snapshots of your data at different times are maintained online. E. Mochila may also maintain a copy of data at a geographically distanced data center from the primary location for additional protection. However, the most important step for a reliable backup is at the user end; user is expected to view and verify the logs periodically to insure that the backups do take place successfully, and take necessary corrective action if there are errors. User is also expected to periodically upgrade the backup client to the most recent version for improved reliability of backups.
7. Disclaimer of Warranties
The transmission, storage, viewing and retrieval of data and files through the World Wide Web is subject to a variety of conditions that make such transmission, storage, viewing and retrieval potentially unreliable. ACCORDINGLY, YOUR USE OF YOUR ACCOUNT AND THE SERVICE IS AT YOUR SOLE RISK. YOUR ACCOUNT AND THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. E. MOCHILA, INC., ON BEHALF OF ITSELF AND ITS DISTRIBUTORS, ADVERTISERS AND SUPPLIERS, DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO YOUR ACCOUNT AND THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT). PLEASE NOTE THAT YOUR ACCOUNT AND THE SERVICE MAY NOT MEET YOUR NEEDS. E. MOCHILA, INC. MAKES NO REPRESENTATION OR WARRANTY: (A) THAT YOUR ACCOUNT OR THE SERVICE WILL MEET YOUR NEEDS; (B) THAT ACCESS TO YOUR ACCOUNT OR THE SERVICE WILL BE TIMELY, ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE; (C) THAT THE DATA AND FILES YOU STORE IN YOUR ACCOUNT WILL NOT BE LOST OR DAMAGED; (D) THAT THE DATA ON YOUR DESKTOP OR SERVER WILL NOT BE LOST OR DAMAGED; OR (E) THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ANY MATERIAL OR DATA YOU RETRIEVE THROUGH THE USE OF THE SERVICE IS DONE AT YOUR CHOICE AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE RETRIEVAL OF SUCH MATERIAL OR DATA.
8. Limitations of Liability
IN NO EVENT SHALL E. MOCHILA, INC. OR ITS ADVERTISERS OR SUPPLIERS HAVE ANY OBLIGATION OR LIABILITY TO YOU FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR DATA OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE OR PROFITS OR BUSINESS INTERRUPTION) OR OTHER PECUNIARY LOSS ARISING OUT OF YOUR USE OR INABILITY TO USE YOUR ACCOUNT OR THE SERVICE OR YOUR LOSS OF DATA OR FILES STORED THEREIN.
You will defend, indemnify and hold E. Mochila, Inc., its parents, subsidiaries, affiliates, agents, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of (a) Your use of Your Account and the Service, (b) any data files and content stored by You in Your Account and otherwise on the E. Mochila, Inc. servers and (c) any violation of this Agreement by You.
Either you or E. Mochila, Inc. may terminate this Agreement with or without cause at any time by giving notice of such termination to the other in the manner described in paragraph 11 below. Further, if E. Mochila, Inc. believes that You have violated Your obligations under this Agreement, E. Mochila, Inc. may, at its option and in addition to its other remedies, immediately and without notice, suspend Your Account, remove and destroy data and files stored by You on E. Mochila, Inc.'s servers and/or terminate this Agreement. E. Mochila, Inc. will not be liable to You or any third party for any suspension or termination of Your Account or the Service. Should You object to any terms and conditions of this Agreement or any subsequent modifications thereto or become dissatisfied with the Service in any way, Your only recourse is to immediately: (a) discontinue use of the Service; (b) terminate this Agreement; and (c) notify E. Mochila, Inc. of such termination. Upon any termination of this Agreement, E. Mochila, Inc. may remove your stored data files from main storage and archives within three (3)-day period from termination notice. Backup or inactive copies of your data may be held by E. Mochila, Inc. indefinitley for archive and backup purposes. Paragraphs 7, 8, 9, 10, 11, 12, 13 and 14 of this Agreement (and any other provision that can be reasonably construed to survive termination) will survive termination of this Agreement.
Any notice under this Agreement given by E. Mochila, Inc. to You will be deemed to be properly given if sent by email to Your email address as set forth in the Registration Information, or by a startup screen that starts before Your next use of the Service or by written communication mailed by first class U.S. mail to Your address on record in the Registration Information or by a display about the changed information in the agreement on the index page if the change is generic. It is important that you maintain a correct working email id and update it if necessary to be able to receive E. Mochila, Inc.'s communication. Any notice under this Agreement given by You to E. Mochila, Inc. will be deemed to be properly given if received by email sent to E. Mochila, Inc.'s Customer Service at firstname.lastname@example.org, except those that are related to cancellation or termination of the account. User is expected to login online at http://www.emochila.com, go to 'Contact', call the phone number provided and provide necessary information for cancellation. Sending an email to email@example.com for cancellation is not considered as a cancellation notice for security reasons. On successful cancellation of account by the user, or by E. Mochila, Inc. due to various reasons including non-payment for the services, user data files may be removed within three (3)-day period from cancellation date from main storage as well as archives.
This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement is held to be invalid or unenforceable under applicable law to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of this Agreement.
13. Modifications to this Agreement
The terms and conditions of this Agreement may be changed by E. Mochila, Inc. from time to time. Upon any such change, E. Mochila, Inc. will post an updated version of this Agreement on the E. Mochila, Inc.'s website located at http://www.emochila.com and/or the login page for the file exchange system. Your use of any Services after such change will constitute Your acceptance of such changed terms and conditions.
Your right to use the Service is personal to You, and You will not assign any of Your rights, obligations or interest in this Agreement or Your Account. Without limiting the foregoing, this Agreement is binding upon and inures to the benefit of the parties and their respective successors and assigns. E. Mochila, Inc.'s failure to insist upon or enforce strict performance of any provision or right of this Agreement will not be construed as a waiver of any provision or right. This Agreement will be governed by the laws of the State of California, without regard to its conflict of laws rules. The provisions of the U.N. Convention on Contracts for the International Sale of Goods and any successor treaties will not apply. You consent to the venue and exclusive jurisdiction of the state and federal courts located in San Francisco County, California, U.S.A., with regard to any claim arising under or otherwise occurring by reason of this Agreement or Your use of the Service or Your Account. You will commence any claim or cause of action arising under or otherwise occurring by reason of this Agreement within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes any and all prior and contemporaneous understandings and agreements.