ARQUO Terms of Service (UPDATED 02/01/2013)

By using any of the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising to ARQUO that you have the authority to bind that organization to these Terms unless that organization has a separate paid contract in effect with us, in which event the terms of that contract will govern your use of the Service. You may use the Services only in compliance with these Terms and only if you have the power to place a contract with ARQUO and are not barred under any applicable laws from doing so. If you do not agree to be bound by these terms, you must not use the service. Should you have any questions concerning this Agreement, please contact mail@arquotech.com.

By using our Services you provide us with files, which are submitted to ARQUO. You retain full ownership to your information. We don't claim any ownership to any of it. These Terms do not grant us any rights to your files or intellectual property except for the limited rights that are needed to run the Services, as explained below.

We may need your permission to do things you ask us to do with your files, for example, hosting, or sharing them at your direction. This includes product features visible to you, for example, image thumbnails or document previews. It also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services, for example Amazon, which provides our storage space (again, only to provide the Services).

You are the solely responsible for your conduct, the content of your files, and your communications with others while using the Services. For example, it's your responsibility to ensure that you have the rights or permission needed to comply with these Terms.

We may choose to review public content for compliance with our community guidelines, but you acknowledge that ARQUO has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.

Change of these Terms

We reserve the right to modify or replace these Terms at any time in our sole discretion. We will indicate at the top of these Terms the date they were last updated. Any changes will be effective upon posting the revised version of these Terms on the Service (or such later effective date as may be indicated at the top of the revised Terms). Therefore, we encourage you to check the date of these Terms whenever you visit www.arquotech.com (the "Site") to see if these Terms have been updated. Your continued access or use of any portion of the Service constitutes your acceptance of such changes. If you don't agree to any of the changes, we're not obligated to keep providing the Service, and you must cancel and stop using the Service.

Sharing Your Information

The Services provides features that allow you to share your files with others or to make it public. There are many things that users may do with your documents (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share or make public. ARQUO has no responsibility for that activity.

Your Responsibilities

Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not ARQUO, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service.

You, and not ARQUO, are responsible for maintaining and protecting all of your stuff. ARQUO will not be liable for any loss or corruption of your information, or for any costs or expenses associated with backing up or restoring any of your information.

If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information updated.

Account Security

You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify ARQUO of any unauthorized use of your account.

Software and Updates

Your license to use the Software is automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so.

ARQUO reserves the right, in its sole discretion, to make necessary unscheduled deployments of changes, updates or enhancements to the Service at any time. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

ARQUO Property and Feedback

These terms do not grant you any right, title, or interest in the Services, Software, or the content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you.

The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both the Portugal and foreign countries. These Terms do not grant you any rights to use the ARQUO trademarks, logos, domain names, or other brand features.

Indemnification

To the extent permitted by law, you will defend ARQUO against any cost, loss, damage, or other liability arising from any third party demand or claim that any Content provided by you, or your use of the Service, in breach of these Terms:

a. Infringes a registered patent, registered trademark, or copyright of a third party, or misappropriates a trade secret (to the extent that such misappropriation is not the result of ARQUO's actions);

b. Violates applicable law or these Terms. ARQUO will reasonably notify you of any such claim or demand that is subject to your indemnification obligation.

Copyright

ARQUO respects others intellectual property and asks that you do too. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. We reserve the right to delete or disable content alleged to be infringing and to terminate repeat infringers.

Other Content

The Services may contain links to third-party websites or resources. ARQUO does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.

Fees

  1. All charges payable by you for the ARQUO Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site, errors and omissions accepted and shall be due and payable in advance of provision of the ARQUO Services.
  2. We reserve the right to alter pricing including ceasing to offer elements of the ARQUO Services free of charge at any time. ARQUO will inform customers by email if the charge for a service is to be altered. You can then decide if you want to continue to use such service. Your continued use of the service after the proposed fee modification has been notified will be considered acceptance of the proposed fee modification.
  3. Payment is due each anniversary month, quarter or year following the date the ARQUO Services were established until closure notice is given in accordance.
  4. All fees for our services are due in advance and your contract will automatically renew on its anniversary month, quarter or year at which point fees for the following month, quarter or year become payable. If you wish to cancel your contract with ARQUO, you must do so in before the renewal of your contract.
  5. If your Membership is terminated, you will be entitled to a pro rata refund based upon the remaining period of prepayment. You will not be entitled to a refund under any other circumstances. Any refund will be issued to the same payment source used for the initial payment.

Termination

Though we'd much rather you stay, you can stop using our Services any time. We reserve the right, to temporarily suspend or terminate your access to the Service at any time in our sole discretion, with or without cause, and with or without notice, without incurring liability of any kind. For example, we may suspend or terminate your access to or use of the Service for:

(a) The actual or suspected violation of these Terms;

(b) The use of the Services in a manner that may cause ARQUO to have legal liability or disrupt others' use of the Services;

(c) The suspicion or detection of any malicious code, virus or other harmful code by you or in your account;

(d) Scheduled downtime and recurring downtime;

(e) Use of excessive storage capacity or bandwidth;

(f) Unplanned technical problems and outages.

If, in ARQUO determination, the suspension might be indefinite and/or ARQUO has elected to terminate your access to the Service, ARQUO will use commercially reasonable efforts to notify you through the Service. You acknowledge that if your access to the Service is suspended or terminated, you may no longer have access to the Content that is stored with the Service.

Upon termination by ARQUO, for reasons other than cause, or at your direction, you may request access to your Content, which we will make available for an additional fee. You must make such request with thirty (30) days, following termination. Otherwise, any Content you have stored with the Service may not be retrievable, and we will have no obligation to maintain any data stored in your account.

In addition to other termination provisions, if your account it not currently subject to a paid subscription plan with us, we at our discretion may terminate your account if:

(a) You do not engage in any activity in your account within thirty (30) days after becoming a Registered User;

(b) You do not engage in any activity in your account for any period of one hundred and twenty (120) consecutive days. In the event of such termination, any Content you may have stored will be lost.

ARQUO is Available "AS-IS"

Though we want to provide a great service, there are certain things about the service we can't promise. For example, the services and software are provided "as is", without express or implied warranty or condition of any kind, we also disclaim any warranties of merchantability for a particular purpose or non-infringement. ARQUO will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software.

Miscellaneous Legal Terms

These terms and the use of the services will be governed by the Portuguese Law. These Terms constitute the entire and exclusive agreement between you and ARQUO with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services.

These Terms create no third party beneficiary rights. ARQUO's failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but ARQUO may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Assignment and transfer

We may assign, transfer, or otherwise dispose our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the Service.

ARQUO and you are not legal partners or agents; instead, our relationship is that of independent contractors. This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors.

Claims

Claims must be filed within one year. You must bring any claim related to these Terms or the Service within one year of the date you could first bring the claim, unless your local law requires a longer time to file claims. If it isn't filed in time, the claim is permanently barred.

Intellectual Property Notices

All contents of the Site and Services including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement are: Copyright ? 2012 ARQUO, and/or the proprietary property of its suppliers, affiliates, or licensors. All Rights Reserved.

ARQUO and the ARQUO logo are including without limitation, either trademarks, service marks or registered trademarks of ARQUO Technologies SA, and may not be copied, imitated, or used, in whole or in part, without ARQUO prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.

ARQUO may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter that is part of the Service. Unless we have granted you licenses to our intellectual property in these Terms, our providing you with the Service does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.