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Terms of Use

4Sync Terms of Service
Last Revised: March 7, 2013

4Sync, Inc. is dedicated to providing friendly and efficient services in the cloud to today's highly mobile Internet citizens. Our mission is to offer a safe and secure space for your files in the cloud. Whether you are a large company, a small business, or an individual, 4Sync will allow fast and easy access to your material across platforms and geographical locations and from any device at the level that best fits your needs. In addition to the convenience of access and management, your data is secure and your personal information protected.

You agree to these terms of service (the "Terms") when you access and use the services provided at 4sync.com (http://www.4sync.com). If you are using the services on behalf of an entity, you represent that you are authorized to accept the Terms on the entity's behalf and that the entity agrees to indemnify you and 4Sync for violations of the Terms.

We reserve the right to change or modify these terms and conditions from time to time. Any changes or modifications will be effective within 5 (five) days upon their posting on our website, www.4sync.com. We will send you a notice about the changes to the material terms of the policy at the email address associated with your account.

If you have any questions regarding the use of the service, please contact us.

User data and the 4Sync service

The data, information, files, photos and other content that you provide to 4Sync when you use the service and any comments you post to the blog sections of the Site is referred, in the Terms, to as "User Data".

We will provide you with 1 TB of storage. You can use this space to store any type of file, such as pictures, music, video, and text documents. You must have a 4sync.com account and an Internet connection to access the service. When you create a 4Sync account, a 4Sync icon will be added to you desktop. The 4Sync application can be used via an icon in your system tray.

Privacy policy

Please refer to our Privacy Policy for information on how we collect, use and disclose personally identifiable information from our users.

Registration data

You represent that the information you provide upon registering an account with 4Sync is accurate, current and complete ("the Registration Data"). You also agree to maintain and promptly update the Registration Data and accept all risk of unauthorized access to the Registration Data.

Grants and restrictions

Subject to the terms and conditions of the terms, 4Sync grants to you a non-exclusive, non-transferable and revocable right to access and use the service.

Obligations

You must use reasonable security precautions in connection with your use of the service. You agree to cooperate with 4Sync's reasonable investigation of service downtime and security problems and with any suspected breach of the Terms. You must comply with the laws with respect to your use of the service, including federal, national, and local laws and regulations in each jurisdiction applicable to you, 4Sync and the 4 sync services.

You represent that all User Data is your sole property, your use is authorized by the owner of the data, or you have collected the data in accordance with your privacy laws and regulations. If part of the User Data has been collected by third parties, you warrant that you have obtained all consents required by the applicable laws to transfer all of the User Data to 4Sync for storage by 4Sync. 4Sync is not responsible to you for unauthorized access to User Data or the unauthorized use of the service.

4Sync will keep your User Data secure and will protect your privacy. We may, however, disclose User Data as required by law or in response to a subpoena or other compulsory legal process.

You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the service any of the following:

  • material that is libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, violent, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;
  • material that is illegal or unlawful, that would constitute, encourage or provide instructions for a criminal offense, or otherwise create liability or violate any local, state, national or international law;
  • material that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual property right or other right of any party; and
  • Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on the service without 4Sync's express written consent.


You further agree that you are solely responsible for your conduct while using the service, and you agree that you will not do any of the following in connection with the service or the users of the service:

  • Use the service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the service or that could damage, disable, overburden or impair the functioning of the service in any manner;
  • Use the service for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates the Terms or any other rules or polices established from time-to-time by 4Sync;
  • Create an account, post any content, or otherwise use the service if you are not, at least, 13 years of age;
  • Modify, adapt, hack or emulate the service;
  • Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the service or users of the service or third- parties; and
  • Infringe upon or violate the rights of 4Sync, its users or any third-party.

We will attempt to enforce the User Data and conduct rules set forth in the Terms in all cases, but failure to enforce the rules in some instances does not constitute a waiver of our right to enforce them in other instances. These rules do not create a private right of action on the part of any third-party or any reasonable expectation that the service will not contain any content that is prohibited by such rules.

Third party content

4Sync may provide third party content on the site and may provide links to websites and content of third parties. We do not control or endorse any third party content and make no warranties as to the accuracy or completeness of such content. You use third party content contained on the 4Sync site at your own risk.

We may run advertisements and promotions from third parties via our service. Your business dealings or correspondence with those parties are between you and the third party. 4Sync is not responsible for any loss or damage you may incur as a result of your dealings with non-4Sync advertisers.

Trademarks

The 4Sync logos and slogan contained in the Site are trademarks of 4Sync and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of 4Sync or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "4Sync" or any other name, trademark or product or service name of 4Sync without our prior written permission. In addition, the look and feel of the Site and the service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and trade dress of 4Sync and may not be copied, imitated or used, in whole or in part, without our prior written permission.

Termination

You may cease using the service at any time. 4Sync may terminate your use of the service if 4Sync reasonably believes you have breached any of the terms of the Terms.

Repeat infringer policy

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, 4Sync has adopted a policy of terminating, in appropriate circumstances and at 4Sync's sole discretion, subscribers or account holders who are deemed to be repeat infringers. 4Sync may also at its sole discretion limit access to the service or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Copyright complaints

If you believe that any material made available via the service infringes upon any copyright which you own or control, or that any link made available via the service directs users to material that infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth in our Copyright Policy

Refunds

Except where you subscribe for premium services by mistake, 4Sync does not offer refunds. In cases of subscription by error, you may request a refund within three (3) days of payment. The request must describe the reason for the refund. Refund requests are processed on a case-by-case basis. If you believe you are due a refund, please contact us.

Miscellaneous

The Terms will be governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. The parties agree that any action at law or in equity arising out of or relating to the terms will be filed only in the state and federal courts located in Santa Clara County, California and the parties hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of the terms.

Except for payments due under the terms, neither party will be responsible for any failure to perform or delay attributable in whole or in part to any cause beyond its reasonable control, including but not limited to natural disasters (fire, storm, floods, earthquakes, etc.), civil disturbances, disruption of telecommunications, disruption of power or other essential services, interruption or termination of service by any service providers being used by 4Sync to link its servers to the Internet, labor disturbances, vandalism, cable cut, computer viruses or other similar occurrences, or any malicious or unlawful acts of any third party (each a "Force Majeure Event"). In the event of any such delay the date of delivery will be deferred for a period equal to the time lost by reason of the delay.

Questions?

If you have any questions about the Terms, please contact us.