DocShield FTP Storage - Terms of Service

This Agreement sets forth the terms and conditions upon which PanIO Systems (a.k.a. DocShield), offers the DocShield FTP Storage Service to users

PLEASE READ THIS SERVICE AGREEMENT CAREFULLY BEFORE PURCHASING OR USING THE DOCSHIELD FTP STORAGE SERVICE.  TO USE IT YOU WILL BE REQUIRED TO ACCEPT THIS AGREEMENT.

1. Terms
The Agreement is comprised of (a) all terms and conditions set forth herein; and (b) Legal Notices and Trademarks, each as modified from time to time. In light of the evolving nature of web-based offerings, DocShield may post a notice on its web site, to inform you of changes to this Service Agreement, or other matters of importance. Such posting will constitute notice to you. Any amendment to the Service Agreement shall be effective immediately upon posting of the notice. Your continued use of the Service after such notice or broadcast will reaffirm your agreement to be bound and to abide by this Service Agreement as amended.

2. The Service
The DocShield Windows application (Application) manages and protects documents (files) by storing compressed and uncompressed versions of those documents in another, specialized file called the DocShield archive (Archive).  The term "Service" refers specifically to the FTP server storage service utilized by the Application program to remotely store the Archive  The Service is not a generic FTP service and the only FTP client that may use the Service is the Application.. DocShield may partner with third party FTP service providers and may change these providers or otherwise add to, delete from, or modify the Service. Unless explicitly stated otherwise, any new text, content, file, data, product, services, information, software, software tool or other feature that augments or enhances the current Service, will be subject to this Service Agreement.

 3. Member's Privileges and Obligations
You use the service by purchasing a subscription to the Service on the DocShield web site. You agree to provide accurate information. You may use the Service only for your personal or business use.

4. Disclosure of FTP Sign-on Credentials
To simplify the user experience, DocShield generates and manages the authentication credentials (server name, user name and password) required by the Service. These credentials are not accessible to the Application user.  DocShield is not required to provide these credentials to subscribers.

5. License Grant and Intellectual Property Rights
DocShield will not assume any copyright or ownership of the Archive uploaded by subscribers,  nor its contents. As between DocShield and you: you will own your content (the Archive); you can delete your content at any time;  You agree not to translate, reverse engineer, reverse compile, disassemble or create derivative works from software programming contained in the Service.

6. Responsibility for Member Content
You agree not to use the Service for illegal purposes. Your use of the Service, is subject to all applicable local, state, national and foreign laws and regulations, and international treaties, including, without limitation, U.S. laws regarding the transmission of technical data exported from the United States. You represent and warrant that you have the right to enter into this Service Agreement without any other approvals;

7. Warranty, Disclaimer of Warranty
The Service is provided "AS IS", with no warranties of any kind. Uploading, downloading or transmitting Archives through the use of the Service is at your own risk and in your sole discretion. You will be solely responsible for any damages to your computer system or loss of data, or any other damages that result from such uploading, downloading or transmittal, or otherwise

DocShield makes no representation or warranty of any kind

(a) that the Service will meet your requirements;

(b) that defects in the Application will be corrected;

(c) that the Service will be timely, secure, error free, uninterrupted;

(d) that the Service is reliable or complete;

(e) that the Archive stored on or through the Service will not be altered, deleted or damaged, or will be available for access, upload or download at all times or indefinitely;

(f) as to the result that may be obtained from the use of the Service;

(g) that the Service is free of viruses or other components that may infect, harm, or cause damage to computer equipment, data, software, or any other property when you download from, upload to, or otherwise use the Service

DocShield expressly disclaims all warranties of any kind, whether express or implied, including but not limited to any warranty of merchantability, fitness for a particular purpose or non-infringement of any products, content, information or service published on, or available through the Service.

Some jurisdiction do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

8. Disclaimer of Damages; Limitation of Liability
Even if DocShield, or any of its authorized representatives have been advised of the possibility of such damages, under no circumstances (including but not limited to DocShield's negligence), shall DocShield be liable for any direct, indirect, consequential, incidental, special or punitive damages for any claim, loss and/or causes of action, whether in contract, tort (including but not limited to negligence) or otherwise. related to:

(a) the quality, reliability, accuracy, completeness, of the Service;

(b) any modification, alteration, failure to store, loss, deletion, loss of access, or damages of or to your Archive, computer equipment, software, data, or any text, image, video, music, sound, audio or other material that result from your use of the Service;

(c) any harm, errors, omissions, cost, losses, or damages arising from the use of, or inability to use (whether because of interruption, suspension, termination or otherwise) of the Service;

(d) any failures, delays, or interruptions in the Service;

(e) any harm resulting from downloading or accessing the Archive;

(f) any unauthorized access to or alteration of the Archive or any breach of security related to any server used by the Service; or

(g) the cost of procurement of any substitute goods or services.

Some jurisdictions do not allow the exclusion or limitation of consequential or incidental damages, and therefore, the above limitation may not apply to you. Some Members may have additional rights.

9. Indemnity
You agree to indemnify and hold DocShield, its parents, subsidiaries, affiliates, officers, employees, licensors, contractors and users harmless from and against any and all claims, demands, and expenses, including attorneys' fees, made by any third party, due to or arising from: (a) your use of the Service; (b) your violation of this Service Agreement; (c) your violation of a third party's privacy rights; (d) your violation or infringement of a third party's copyright, trademark, trade secret, patent, or other intellectual property rights; or (e) your violation of this Service Agreement.

10. Force Majeure
DocShield is not liable for any delay or failure in performance resulting directly or indirectly from causes beyond its reasonable control, including, without limitation, failure of the Internet, power failure, failure of computer, telecommunication or other equipment, strikes, labor disputes, riots, insurrections, civil disturbances, shortage of labor or materials, fires, floods, storms, explosions, act of God, war, governmental actions, orders of domestic or foreign courts, non-performance of third parties.

11. Termination of Service
If you object to any portion of this Service Agreement, or any subsequent modification thereto, or become dissatisfied with the Service, your only recourse is to immediately discontinue use of the Service and notice DocShield of such termination. The preceding sentence sets forth your sole and exclusive remedy regarding any objection to the terms of this Service Agreement, or any dissatisfaction with the Service.

DocShield reserves the right, in its sole discretion, to terminate all or a portion of the Service at any time and for any reason.

Any termination under any provision of this Service Agreement may be effected without prior notice, and DocShield may immediately delete and discard your Archive and/or bar any further access to such files through the Service. Upon any termination of your Membership, or of this Service Agreement, your right to use the Service will immediately cease. DocShield will have no obligation thereafter to host or provide access to the Archive.

12. Notices & Questions
All notices from a subscriber to DocShield shall be in writing, and shall be made or delivered to DocShield via email or conventional mail.

If you have any question about the Service or this Service Agreement, please feel free to contact us at info@DocShield.com

13. Choice of Law
This Service Agreement shall be constructed and controlled by the laws of the State of Texas, excluding its conflict of law provisions. With the exception of DocShield's rights to pursue injunctive relief in any court of competent jurisdiction, you agree to submit to the exclusive jurisdiction of the state and federal courts of the State of Texas

14. General
This Service Agreement constitutes the entire agreement between you and DocShield with respect to the Service; and your Archive, and it supersedes any other agreement, proposals and communications, written or oral, between you and any DocShield representatives with respect to the Service and your Member Content

If a court of competent jurisdiction holds that any provision of this Service Agreement is illegal, unenforceable, or contrary to law, such provision shall be construed, as nearly as possible to reflect the original intent of this Service Agreement, with the other provisions remaining in full force and effect

Any failure by DocShield to exercise or enforce any right or provision of this Service Agreement shall not constitute a waiver of such rights or provision unless DocShield acknowledges and agrees to it in writing.

DocShield may assign this Service Agreement to any third party at its sole discretion. You shall not assign or sublicense the rights granted under this Service Agreement without the prior written authorization of DocShield.

You and DocShield agree that any cause of action arising out of, or related to the Service must commence within one (1) year after the cause of action arose, otherwise, such cause of action is permanently barred.