OwnDrive - Free Online Storage

OWNDRIVE TERMS OF USE

These Terms of Use (“Terms”) apply to the use of the OwnDrive Cloud Storage (“Service”) by you (“you” or “Customer”). The Service is provided by OwnDrive.com, Gurinestubben 1, 0584, Oslo, Norway. IF YOU WISH TO USE the Service, YOU MUST AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS, ANY USE OF the SERVICE IS UNAUTHORIZED, AND YOU SHOULD STOP ACCESSING THE SERVICE IMMEDIATELY. YOUR CONTINUED USE OF THE SERVICE WILL CONSTITUTE ASSENT TO THESE TERMS. You represent that: (a) you have full legal capacity to contractually obligate yourself to these Terms; (b) you have read, understood and accepted these Terms; and (c) you have not violated these or other terms provided by OwnDrive previously.

USER ACCOUNTS

To use the Service you need to set up an OwnDrive account. You may set up an individual free account (“Free Drive”), an individual paid account (“Pro Drive”), or an OwnDrive multi user account (“CloudAdmin”).

FREE DRIVE

Free Drives are available for individuals only and, not for business customers, organization, etc. The Free Drive is provided free of charge with a limitation in storage capacity and features. OwnDrive reserves the right to apply other limitations on Free Drives. OwnDrive reserves the right to display paid ads on Free Drives. A Free Drive may be terminated by OwnDrive if it has been inactive for a period of six months or longer. A Free Drive holder may upgrade to a Pro or a CloudAdmin Drive.

PRO DRIVE

Pro Drives are paid subscriptions accounts available for individuals and businesses with additional features that might not be available with Free Drives. The Pro Drives are provided days prior to the current subscription period ends with selected storage capacity. Pro Drives have an initial term of one month and will be automatically renewed for an additional identical subscription period unless the user cancels or terminates the paid subscription before the next invoice generation. The User’s credit card will be charged automatically when a subscription is renewed. The user can choose to buy a monthly, quarterly, semi-annually, anually, biennially or triennially subscription plan, depending on type of product. All payments are non-refundable. The user can change his Subscription at any time. The cancellation of the services has to be done from https://billing.owndrive.com/clientarea.php by following Services->MyServices, then click on the downwards arrow right next to View Details for the Product/Service and Request Cancellation. The products and services are cancelled only at the end of the billing cycle. Free Drive may be used for testing purposes prior to a purchase.

CLOUDADMIN DRIVE

A business, organization or individual can create a CloudAdmin Drive. It’s a personal cloud instance where you are in full control of your users and apps of the cloud, among others. When creating a CloudAdmin Drive an Administrator will be created automatically. The CloudAdmin Drive Administrator is responsible for adding and maintaining CloudAdmin Drive users. CloudAdmin Drive comes with a web hosting plan and a user friendly control panel to manage DNS, databases and email accounts. With CloudAdmin Drive you will get options to use a sub domain name of OwnDrive, transfer your existing domain name or order a new domain name. During the order process of CloudAdmin Drives there will be options for maintenance and updates done by OwnDrive and white labeling service of your cloud instance. The user can choose to buy a quarterly, semi-annually, anually, biennially or triennially subscription plan. All payments are non-refundable. The cancellation of the services has to be done from https://billing.owndrive.com/clientarea.php by following Services->MyServices, then click on the downwards arrow right next to View Details for the Product/Service and Request Cancellation. The products and services are cancelled only at the end of the billing cycle. Customers can request demo of CloudAdmin Drive for testing purpose prior to a purchase.

USE OF SERVICE

OwnDrive cloud storage system consists of the client software ("Client Software"), the websites ("Website") and the network ("Network"). It enables its users to store and access files over the Internet, and to share them with selected other users. The Client Software and the Website can differ in features and appearance, depending on which Service (the "Product") is used and the used system. Subject to these Terms, OwnDrive agrees to provide the Service to Customer. OwnDrive agrees that all files you store ("Data") using the Service will be encrypted such that they can neither be read by OwnDrive nor by any third party, unless the Data is explicitely shared or made public by you. OwnDrive has no access to your password, does not know it and cannot reset or recover it. You acknowledge that if you forget your password, your Data will be irrevocably lost. Depending on the Product, the Client Software can consist of one or more different programs running on your PC and/or other devices. These programs can come pre-installed on your device or might need to be downloaded and installed by the Customer. You are responsible to keep the Client Software up to date. For some programs or pieces of the Client Software, updates are performed automatically. In other cases, you may need to download and install the latest version of the Client Software or the complete firmware of the device to keep the Client Software up to date. If the Client Software is not kept up to date, the Service may cease to be available or may not properly perform. As part of the evolution of the Service, OwnDrive may discontinue, modify or add new features to the Service without prior notice to you

CUSTOMER OBLIGATIONS AND RESPONSIBILITIES

Customer shall use the Service in compliance with all applicable laws, including without limitation the laws of Norway and the European Union, and in accordance with such usage policies and guidelines as OwnDrive may establish from time to time. Usage policies and guidelines are published on the Website. Without limiting the foregoing, in connection with Customer’s use of the Service, Customer shall not: (a) use the Service to change, damage, delete or edit Data without authorization; (b) attempt to access the Service with unauthorized software; (c) use the Service in a way that infringes the intellectual property, privacy or other rights of third parties or otherwise causes damage to any third party; (d) use the Service, directly or indirectly, to offer any service that competes with the Service; (e) use the Service to gain unauthorized access to files stored on the Network by other users; (f) use the Service to gain unauthorized access to any other computer or network; (g) use the Service to facilitate any mass mails, spam, chain letters, snowball systems, or similar communications, regardless of whether they are commercial in nature; (h) store or transmit any software or data containing any virus, malware, worm, trap-door, Trojan Horse, spyware or other software or program code that is malicious in nature; (i) misrepresent Customer’s identity, including without limitation by representing that Customer is a OwnDrive employee or representative or another user of the Service; (j) use the Service to collect, store or transmit personal data of any person without such person’s consent; (k) or participate in any group that encourages violation of OwnDrive’s terms and policies; (l) send us untruthful abuse reports; (m) fraudulently gain or attempt to gain access to the Network; or (n) gain or attempt to gain cloud storage resources the Customer is not entitled to, including without limitation the use of a promotional code Customer is not eligible to use or the creation of multiple user accounts for the purpose of gaining additional cloud storage. Customer shall bear responsibility for all activities conducted under Customer’s account, whether by Customer or a third party. OwnDrive does not monitor the data stored or distributed through use of the Service, and assumes no responsibility for such data. Customer acknowledges that in using the Service, Customer may be exposed to content which Customer may find to be insulting, offensive, or otherwise objectionable. Customer waives any claim against OwnDrive, its affiliates, and their officers, directors, agents, and employees based upon the content of data stored or distributed through use of the Service. Customer agrees to maintain the accuracy of Customer’s account details at all times. OwnDrive will use the email address specified in your account details or suitable means of communication within OwnDrive to inform you about legally binding declarations (for example modifications of these Terms, blocking/cancellation etc.) or send you other notices. It is your responsibility to regularly check your email account for new emails and to make sure emails from OwnDrive can pass your spam and/or other filters. ANY COMMUNICATIONS FROM OWNDRIVE TO CUSTOMER SHALL BE DEEMED GIVEN IF SENT TO CUSTOMER AT THE EMAIL ADDRESS SPECIFIED IN THE CUSTOMER’S ACCOUNT DETAILS, INCLUDING WITHOUT LIMITATION ANY AMENDMENTS TO THESE TERMS AND ANY NOTICE THAT CUSTOMER’S ACCOUNT WILL BE BLOCKED OR CANCELLED. It is the Customer’s responsibility to choose a secure password, to retain the password, and to maintain the password’s security. In case the password is lost, all data stored online becomes inaccessible and cannot be recovered. Customer shall refrain from any activity which interferes or may interfere with the efficiency of the Service (for example through software or other scripts). This includes without limitation excessive use of the Service or using the Service in ways for which it is not intended.

ABUSE

If OwnDrive becomes aware of a misuse of the Service or any violation of these Terms, it may in its sole discretion: (a) inform involved users; (b) request a response from involved users; (c) block the data concerned; (d) delete the data concerned; (e) block the responsible user; (f) block or delete involved groups; (g) terminate Service to the responsible user without notice; (h) inform affected private parties and/or competent authorities; (i) release data to government authorities and/or private right holders; (j) take any suitable action to eliminate the misuse if applicable; (k)

NOTICE AND TAKE DOWN

OwnDrive is not responsible for content voluntarily made available through public links by you. Sharing of content is solely controlled by the account holder, that is you. If such public links contain content that violate the law or infringe copyrights or trademarks, OwnDrive keeps the rights to take down such content. In the event of notice and takedown requests by copyright or trademark holders, OwnDrive will notify you to take the necessary action. If no action has been taken within 7 days from the notice, OwnDrive will block the content to the public.

CHANGES TO THIS POLICY

Please note that this Privacy Policy may change anytime. Your privacy will not be reduced without your consent. Your continued use of OwnDrive constitutes your agreement to this Privacy Policy and any amendments. A regularly updated overview over all versions can be found at https://owndrive.com/about/legal/.

PRIVACY POLICY

The customer and OwnDrive are bound by the privacy policy of the Service [https://www.owndrive.com/privacy]. OwnDrive shall comply with applicable laws and regulations regarding data privacy. Customer agrees that OwnDrive may transmit any data stored by Customer to a third party if OwnDrive believes in good faith that it is required to do so in order to: (a) comply with any law or order issued by any legal authority; (b) avoid infringement of the rights of a third party; or (c) protect the property of OwnDrive or the personal safety of its users and the public.

LIMITATION OF LIABILITY

IN NO EVENT WILL OWNDRIVE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY LEGAL THEORY (INCLUDING FOR THE CONDITION, EXISTENCE, OR LOSS OF DATA SENT TO OWNDRIVE OR THE DATA OWNDRIVE RECOVERS) EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES REGARDLESS ON THE LEGAL THEORY ON WHICH THE CLAIM IS ASSERTED (INCLUDING, WITHOUT LIMITATION, CONTRACT, BREACH OF CONTRACT, AND TORT). Some states do not allow the exclusion or limitation of implied warranties or liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. OwnDrive will not be liable to Customer or to any other person for failure to perform or any delay in the performance of the Service due to fire, flood, war, riot, strike, explosion, lock out, injunction, natural disaster, interruption of transportation, acts of war, terrorism, labor disputes, acts of civil or military authority, power blackouts, computer viruses, or any other event beyond OwnDrive’s reasonable control. Customer agrees that the sole and exclusive remedy for unsatisfactory services shall be termination of the Service and a refund of any amount actually paid by Customer for the then current service term. OWNDRIVE’S LIABILITY OF ANY KIND WITH RESPECT TO THE SERVICES, INCLUDING ANY NEGLIGENCE ON ITS PART, SHALL BE LIMITED TO THE AMOUNT CUSTOMER HAS PAID OwnDrive FOR THE SERVICES FOR THE THEN CURRENT TERM OF SERVICE.

MODIFICATIONS

CUSTOMER AGREES THAT OWNDRIVE SHALL HAVE THE RIGHT IN ITS SOLE DISCRETION TO AMEND THESE TERMS AND CONDITIONS FROM TIME TO TIME AND THAT ANY SUCH AMENDMENT SHALL BE EFFECTIVE AS OF THE EARLIER OF THE DATE OWNDRIVE SENDS CUSTOMER AN EMAIL TO THE ADDRESS SPECIFIED IN THE CUSTOMER'S ACCOUNT DETAILS OR THE DATE OWNDRIVE OTHERWISE NOTIFIES CUSTOMER OF THE CHANGE (E.G., BY DISPLAYING THE NOTICE IN THE CLIENT SOFTWARE). NOTWITHSTANDING THE FOREGOING, IF CUSTOMER HAS PURCHASED STORAGE AND IS USING SUCH ADDITIONAL STORAGE AT THE TIME OF THE CHANGE, CUSTOMER MAY OBJECT TO ANY CHANGE IN THESE TERMS BY PROVIDING OWNDRIVE WITH NOTICE WITHIN 10 DAYS OF THE DATE OF THE NOTICE TO CUSTOMER. UPON RECEIPT OF SUCH OBJECTION, OWNDRIVE SHALL, AT ITS OPTION, HAVE THE RIGHT TO: (A) TERMINATE THE SERVICE AND REFUND TO CUSTOMER A PRO RATA PORTION OF ANY FEES CUSTOMER HAS PAID FOR STORAGE NOT YET USED; OR (B) CONTINUE TO PROVIDE THE SERVICE PURSUANT TO THE TERMS IN EXISTENCE PRIOR TO THE CHANGE, IN WHICH EVENT THE CHANGE WILL BECOME EFFECTIVE UPON ANY RENEWAL OF THE SERVICE BY CUSTOMER.