Acceptable Use Policy

This acceptable use policy (the "AUP"), together with the Terms of Service, provide important information about your use of our FileFront® website or any of the products or services offered on the site (collectively, the “FileFront® Service”), including the FileFront® Unlimited Free Storage service.

We reserve the right, in our discretion, to change or modify all or any part of this AUP at any time, effective immediately upon notice published on the FileFront® Service. Your continued use of the FileFront® Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications. Please be sure to review this AUP periodically to ensure familiarity with the most current version. If at any time the terms and conditions of this AUP are no longer acceptable to you, you should immediately cease all use of the FileFront® Service.

USING FILEFRONT®
The FileFront® Service is directed to teenagers and adults and is not directed to children under the age of 13. You must be 13 years of age or older to use the FileFront® Service. We comply with the Children's Online Privacy Protection Act and do not permit registration by and will not knowingly collect personally identifiable information from anyone under 13. This requirement will be posted wherever we collect data within the FileFront® Service, such as during the registration process. By registering for the FileFront® Service, you represent and warrant that you are 13 years of age or older. Additionally, you must provide true, accurate and complete registration information to become a member of the FileFront® Service (“FileFront® Member”).

As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive, or otherwise inappropriate, as determined by us in our sole discretion. Your account is your responsibility. Do not reveal your user name or password to other users. Your FileFront® Member account could be disabled and cancelled if it appears to have been shared or compromised. Please note that you will need to remember your password because we do not maintain that information on your behalf.

By using the FileFront® Service, you represent and warrant that all registration information you submit is truthful and accurate and you agree to the accuracy of such information. The profile that you compose upon registering for the Service must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you. If you wish to view or change your profile, please visit us at our Support Center.

FREE USE
As of May 2006, there is no defined term or period for free usage of certain portions of the FileFront® Service. If, at a later date such FileFront® Service is no longer free and you choose not to subscribe prior to the end of the applicable free period, your access to the FileFront® Service may be terminated and any Material (as defined in the Terms of Service) you have stored on the FileFront® Service may be removed. (See "Authorization to Remove Content" section below.) Any individual features of the FileFront® Service you may have used in connection with the FileFront® Unlimited Free Storage service, which may be subject to separate software licenses, will also be terminated.

PAID SUBSCRIPTIONS
Some of the services available on the FileFront® Service require you to pay a subscription fee. You agree to pay all fees and charges incurred through your FileFront® Member account, including, but not limited to, applicable taxes. Unless otherwise noted, all currency references are in U.S. dollars. You may not assign or transfer your subscription to any other person or entity. You must be at least eighteen (18) years old to order paid subscriptions.

You hereby authorize us to charge your credit card (or other approved facility) to pay for the ongoing cost of your subscription. Payment for the appropriate services will be made by automatic charge to your credit card (or other approved facility). You also agree that we may automatically charge your credit card for renewal of your feature subscription without further authorization from you, unless and until you provide us with at least five (5) business days prior notice that you do not wish to renew your feature subscription or that you wish to change your previously designated credit card account. When possible, invoices will be sent to the e-mail address for your FileFront® Member account. You may provide notice that you do not wish to renew your feature subscription or get details on your subscriptions and billing by visiting us at our Support Center.

All fees (other than renewal fees) will be charged at the time they are incurred. Payment must be made by a major credit card (or other approved facility) accepted by FileFront® or PayPal. The billing period ends each annual subscription on the anniversary of your activation date, and the billing period ends each monthly subscription 30 calendar days after your monthly activation date. If we do not receive payment from the credit card issuer or its agent, you agree to pay all amounts due upon demand by us. Your card issuer agreement governs your use of your designated card in connection with our services, and you must refer to that agreement and not these terms to determine your rights and liabilities as a cardholder. If payment cannot be charged to your credit card (or other approved facility) or your payment is returned to us for any reason, including charge back, we reserve the right to either suspend or terminate your FileFront® Member account. You will also be responsible for charges for any products or services you purchase that are offered for sale through the FileFront® Service.

You agree to notify us promptly of any of the following: the expiration date of any credit card used in connection with our Services, your home or billing address, and any breaches of security, such as loss, theft or unauthorized disclosure or use of your username and password.

We reserve the right, at any time, to change our fees and billing methods, including the addition of supplemental fees or separate charges for Content (as defined in the Terms of Service), or services provided by us as part of the FileFront® Service. Price changes and institution of new charges implemented during your feature subscription period will apply to subsequent feature subscription periods, subject to your acceptance. Pricing increases will be posted on the FileFront® Service. You are responsible for regularly reviewing pricing information as posted so that you have notice of such increases and related changes in the FileFront® Service. Your continued use of the FileFront® Service, or your failure to terminate your feature subscription, will constitute your acceptance of the terms and prices for subsequent feature subscription periods. You acknowledge and agree that the authorization to charge your credit card (or other approved facility) for our services may also be subject to transfer to another company in the event of a change of ownership.

Users will not be entitled to a refund during FileFront® Service outages that are caused by our maintenance on the servers or the technology that underlies the FileFront® Service, failures of our service providers (including telecommunications, hosting and power providers), computer viruses, natural disasters or other destruction or damage to our facilities, an act of God, war, civil disturbance or any other cause beyond our reasonable control. In addition, users whose paid services are terminated because of a breach of this AUP or our Terms of Service will not be entitled to any refund.

PROVISION OF THE SERVICE
Subject to any specific license agreements for various FileFront® Service software features (including third party software), we may change, suspend or discontinue any (or all) aspects of the FileFront® Service at any time, including the availability of any FileFront® Service feature. We may also impose limits on the use of or access to certain features or portions of the FileFront® Service, or restrict your access to any part or all of the FileFront® Service, 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 the FileFront® Service if you elect to use those products, services or features.

FileFront® does not guarantee or warrant that any Material you may have stored as part of the FileFront® Service 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 Material. If any data, message, image or other Material stored on the FileFront® Service is deleted, fails to store, is mis-delivered or is untimely delivered or any related information is damaged, lost or corrupted in any way, we will have no obligation or liability to you.

The FileFront® Service has been designed for your personal use and for uploading and downloading. The FileFront® Service is not intended to be used to host e-commerce businesses for marketing, promotions and sales (including, without limitation, software distribution) over the Internet. FileFront® Member accounts are also not intended to be used for FTP access. FileFront® Member accounts and the features and services which make up the FileFront® Service are limited in terms of the bandwidth for network traffic and disk utilization for storage allocated to them. Exceeding any applicable limitation of bandwidth or capacity is prohibited. If there is excess usage on your account, as determined in our sole discretion, FileFront® reserves the right to temporarily disable access to information available from your FileFront® Member account. Repeated violations may result in termination of your FileFront® Member account. Any FileFront® Member account or files determined by us to be inactive for a period of six (6) months may be disabled.

ILLEGAL OR PROHIBITED CONDUCT AND CONTENT
It is essential that all Content on the FileFront® Service comply with this AUP and our Terms of Service. If you believe that illegal or prohibited Content is being transmitted through the FileFront® Service, you may report it by using the FileFront® Contact page, or if you believe any Content violates your copyright, please follow the procedures set forth below in the section titled “Copyright Policy.”

AUTHORIZATION TO REMOVE CONTENT
We reserve the right to disable your access to the FileFront® Service and to permanently remove any Material you may have stored on the FileFront® Service:
• If your use of any free services becomes inactive for six (6) months or more;
• At the end of any free subscription period, if you do not elect to become a paid subscriber;
• Upon expiration of your feature subscription period, if you do not renew, or upon cancellation of your feature subscription;
• If your credit card is declined upon renewal of your feature subscription or when you decline to become a feature subscriber after a free period, or if your card issuer (or its agent or affiliate) seeks return of payments previously made in connection with a FileFront® Service; or
• For any reason, at any time, at our sole discretion.

CANCELLATION OF PAID SERVICES
You may cancel your paid subscription at any time. When cancellation is requested by you, your account will not be automatically renewed and access will be cancelled on the expiration date. Cancellation of your subscription shall not relieve you of any obligations to pay accrued charges, including any prorated charges accrued for the billing cycle in which your subscription is cancelled. We are not responsible for accounting errors or oversights not brought to our attention in writing within ninety (90) days of their occurrence.

PROMOTIONAL TRIAL SERVICES
We may occasionally offer promotional trial subscriptions at special discounted prices. If you sign up for a trial subscription, your subscription may be automatically renewed at the normal rate in effect at the end of the trial period, unless you cancel before the end of the trial period. Please read all terms and conditions of such trial offers before signing up.

COPYRIGHT POLICY
You may not post, distribute, perform, display, transmit or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the FileFront® Service in a way that constitutes copyright or trademark infringement, please contact Tara Garfinkle, Director of Intellectual Property at 28 East 28th Street, 12th Floor, New York, New York 10016, fax: (212) 503-3560, tara_garfinkle@ ziffdavis.com with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest; (b) a description of the copyrighted work(s) or trademark(s) that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Website; (d) your address, telephone number, and email address; (e) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or trademark owner or authorized to act on the copyright or trademark owner’s behalf.