completelyprivatefiles

Terms of Service (updated April 17, 2009)

Welcome to completelyprivatefiles.com.  We provide services (the "Services") available at our Web site (the "Site") http://www.completelyprivatefiles.com to you ("you" or "User").


The following terms and conditions, along with any other policies or guidelines posted on this Site, shall govern your use of this Site and Services, whether directly or through a third-party site.  By using this Site, the Services, and any service, application, plug-in, component, functionality, or program created by completelyprivatefiles.com, you are agreeing to the following terms and conditions.  Please read them carefully before using this Site.  Should you have any questions concerning this Agreement, please contact support@completelyprivatefiles.com.

By visiting this Site and/or by completing the registration process for the Services, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these terms and conditions.  completelyprivatefiles.com is available ONLY TO USERS 13 YEARS OF AGE OR OLDER.  REGISTRANTS BETWEEN THE AGES OF 13 AND 18 MUST HAVE A PARENT ASSIST IN THE COMPLETION OF REGISTRATION.
 
1. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time.  You can find the most recent version of these terms and conditions on the Site, with the date of last modification noted above.  Such modifications shall become effective immediately upon the posting thereof.  Therefore, we encourage you to check the date of our terms and conditions whenever you visit this Site to check if they have been updated. You must review this agreement on a regular basis to keep yourself apprised of any changes.  If you do not agree to the revised terms and conditions, your sole recourse is to immediately stop all use of the Services. Your continued use of the Services following the posting of modifications will constitute your acceptance of the revised terms and conditions. Should you have any questions regarding the use of our Site, please contact us at: support@completelyprivatefiles.com.

2. YOUR REGISTRATION OBLIGATIONS.

We provide the Services for your personal use. You may not use the Services to conduct business without a separate written contract with completelyprivatefiles.com.

To obtain and use the Services, you will be required to register with completelyprivatefiles.com by completing a registration form and designating a user ID and password.  When registering with completelyprivatefiles.com you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.  If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

You may not authorize any third party to access or use the Services on your behalf.  You are responsible for maintaining the confidentiality of the user ID and password, and are fully responsible for all activities that occur under your user ID or password.  You agree to immediately notify completelyprivatefiles.com of any unauthorized use of your user ID or password or any other breach of security.  completelyprivatefiles.com cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.

3. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION.

By registering with completelyprivatefiles.com, you understand that we may send you communications or data from completelyprivatefiles.com regarding the Services, including but not limited to (i) notices about your use of the Services, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials regarding completelyprivatefiles.com's products and services, via electronic mail.  We give you the opportunity to opt-out of receiving electronic mail from us by following the opt-out instructions provided in the message.
  
4. USER CONDUCT/ACCEPTABLE USE POLICY.

Unauthorized use of the completelyprivatefiles.com service, or the resale of said service without our prior written consent, is expressly prohibited. You shall not copy, sell, transfer, distribute, publish, or assign your license to our services in any format to any third party.  In addition, you may not use the Services in any way that violates applicable federal, state, or international law, or for any unlawful purpose.  Further, you may not use the Services to encrypt or decrypt material that is inappropriate or violates the intellectual property rights of completelyprivatefiles.com or others. 

To the extent that the Services provide Users an opportunity to encrypt and decrypt materials, data, files, programs, ideas and opinions ("User Content"), you hereby represent and warrant that you have all necessary rights in and to all User Content you provide and all information contained therein.

Additionally, completelyprivatefiles.com reserves the right, without limitation, to terminate your access to and use of the Site and Services if, in our view, your conduct fails to meet any of the following guidelines for User conduct:

1.   You may not attempt to harm, disrupt, or otherwise engage in activity that diminishes, the completelyprivatefiles.com Site, computer systems and network, or the Services.

2.   You may not attempt to interfere with any other person's use of the Services.

3.   You may not misrepresent your identity or impersonate any person.

4.   You may not attempt to gain access to any account, computers or networks related to the Services without authorization.

5.   You may not attempt to obtain any data through any means from the Services, except if we intend to provide or make it available to you.

6.   You may not attempt to charge others to use the Services either directly or indirectly

7.   You may not use the Services for defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights of others.

8.   You may not use the Services on any material protected by intellectual property laws unless you own or control the rights to such material or have received all necessary consents.

9.   You may not use the Services to encrypt or otherwise disguise any material that contains viruses, Trojan horses, worms, corrupted files, or any other similar software that may damage the operation of another's computer or property.

10. You may not use the Services to violate any code of conduct or other guidelines which may be applicable to the Services or the Site.

11. You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by completelyprivatefiles.com in connection with the completelyprivatefiles.com Site or Services.

12. You may not use the Services in a manner that results in excessive bandwidth usage, as determined by a representative of completelyprivatefiles.com.

13. You may not use the Services to encrypt any materials, data, files, etc, that violates federal, state, or international law.

All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of completelyprivatefiles.com. completelyprivatefiles.com reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit completelyprivatefiles.com's response to a future complaint. You acknowledge and agree that completelyprivatefiles.com shall not assume or have any liability for any action or inaction by completelyprivatefiles.com with respect to any User Content.  Users shall remain solely responsible for User Content, and any material or information transmitted to other Users for interaction with other Users.

5. THIRD PARTY CONTENT, SITES AND SERVICES.

All transactions using completelyprivatefiles.com's services are between the transacting parties only. The Services may contain features and functionalities linking you or providing you with certain functionality and access to third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.  We may also provide some content to you as part of the Services. However, completelyprivatefiles.com is not an agent of any transacting party, nor are we a direct party in any such transaction. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party. Similarly, we are not responsible for any third party content you access with the Services, and you irrevocably waive any claim against us with respect to such sites and third-party content. completelyprivatefiles.com shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the Services, including the delivery of and payment for goods and services. Should you have any problems resulting from your use of any third party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible unless the problem was the direct result of our breaches.

6. PRIVACY

completelyprivatefiles.com has established a Privacy Policy to explain to Users how their information is collected and used, which you can read on our Site. Your use of the Services signifies acknowledgment of and agreement to the completelyprivatefiles.com Privacy Policy. You further acknowledge and agree that completelyprivatefiles.com may disclose your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, to enforce these terms and conditions, or, in its sole discretion, to protect the rights, property, or personal safety of completelyprivatefiles.com, its employees, users and third parties, and the public, or as otherwise described in the Privacy Policy.
 
7. COMPLETELYPRIVATEFILES.COM MAKES NO WARRANTIES.

completelyprivatefiles.com is in no way liable for loss of customer data. Under no circumstances will completelyprivatefiles.com be held accountable for any loss of customer data. By becoming a completelyprivatefiles.com user you, the customer, acknowledge that you forfeit the right to hold completelyprivatefiles.com accountable for any and all technical errors, including loss of user files (customer data), keys used in encryption, or encryption logs.

Keys used for encryption and decryption provided by the Service are the sole responsibility of the user. Key management (storing and retrieving keys for users for the encryption or decryption of their files) is provided by the Service solely for user convenience. completelyprivatefiles.com makes no guarantees that keys stored on the Site or in the Site's database will not be lost, corrupted, become unassigned, or otherwise be made unavailable to the user. The user must download and keep a copy of any key that the Service provides at a location other than the Site. Facilities within the Site are provided for the user to download and save a copy and/or print their key and shared key log.

In the event that completelyprivatefiles.com concludes offering data encryption services, completelyprivatefiles.com users will receive the option to have their encryption keys and shared key logs sent to them in CD or other format as selected by completelyprivatefiles.com. completelyprivatefiles.com does not guarantee length of service.

completelyprivatefiles.com intends for the information contained on its Site and Services to be accurate and reliable; however, errors sometimes may occur.  In addition, completelyprivatefiles.com may make changes and improvements to the information provided herein at any time.  completelyprivatefiles.com PROVIDES ITS SITE AND SERVICES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, completelyprivatefiles.com, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (EACH, A "completelyprivatefiles.com PARTY," AND COLLECTIVELY, THE "completelyprivatefiles.com PARTIES") MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED.  THE completelyprivatefiles.com PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.  THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.

8. LIMITATIONS OF LIABILITY

IN NO EVENT WILL ANY completelyprivatefiles.com PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THE SOFTWARE OR SERVICE, EVEN IF SUCH completelyprivatefiles.com PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  THE EXCLUSION OF DAMAGES UNDER SECTION 9 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY completelyprivatefiles.com PARTY WITH RESPECT TO THIS CONTRACT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. In the event that, notwithstanding the foregoing disclaimers and indemnification, completelyprivatefiles.com is found responsible to any completelyprivatefiles.com User for any reason whatsoever, completelyprivatefiles.com's responsibility shall be limited to the amounts actually paid by such user for completelyprivatefiles.com's services, and shall not include punitive damages or consequential or resulting damages of any nature.

9. CHANGES TO THE SERVICE; ADDITIONAL LIABILITY LIMITATION.

WE MAY CHANGE THE SOFTWARE AND SERVICE OR DELETE FEATURES AT ANY TIME AND FOR ANY REASON.  WITHOUT LIMITING THE GENERAL NATURE OF SECTIONS 7 AND 8, THE completelyprivatefiles.com PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 6 AND 7, completelyprivatefiles.com IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SOFTWARE AND SERVICES, (2) ANY INCOMPATIBILITY BETWEEN THE SOFTWARE AND SERVICES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SOFTWARE AND SERVICES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SOFTWARE AND SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
 
10. INDEMNIFICATION.

You agree to indemnify, defend and hold harmless, completelyprivatefiles.com, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. completelyprivatefiles.com reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with completelyprivatefiles.com in asserting any available defenses.
TERMINATION OF SERVICE.

completelyprivatefiles.com reserves the right to terminate without notice your password, account or use of completelyprivatefiles.com Services and delete any data within completelyprivatefiles.com service, in our sole discretion, without cause and/or without notice. You may terminate your user account upon notice to completelyprivatefiles.com at any time. Upon termination by completelyprivatefiles.com or at your direction, you may request your encryption key data, which completelyprivatefiles.com will make available for a fee. You must make such request at the notification of termination to receive such file within thirty (30) days of termination. Otherwise, ANY DATA YOU HAVE STORED ON completelyprivatefiles.com'S SYSTEMS MAY NOT BE RETRIEVED, and completelyprivatefiles.com shall have no obligation to maintain any data stored in your account or to forward any data to you or any third party.

11. PAYMENT OF FEES; AUTOMATIC RENEWAL.

The fees applicable for completelyprivatefiles.com service are available at www.completelyprivatefiles.com and as published within the Services. completelyprivatefiles.com reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which may be sent by email to the address you have most recently provided us).

12. REFUND OF CHARGES.

Except as specifically set forth in this section, all completelyprivatefiles.com services are prepaid for the period selected (monthly, yearly or otherwise) and are non-refundable. This includes accounts that are renewed in accordance with the previous section.

When users cancel their account, they will not be issued refunds for their most recent (or any previous) billing. The single exception to this is NON-TRIAL annual subscribers. Annual subscribers who wish to cancel and request a refund may do so within 30 days of the day on which they were charged for their account; in these cases, only a partial refund equivalent to 80% of the annual fee will be returned. Other requests for refunds may be processed at the sole discretion of a completelyprivatefiles.com sales staff member.

All cancellations and downgrades are processed automatically. To cancel or downgrade, please send an email to support@completelyprivatefiles.com with your request. If you have a question while canceling your account, you must give our email staff adequate time to respond to your message. Delays in our support system do not qualify as a reason to extend your trial period, or excuse canceling after 14 days. Cancellation requests sent via email to support@completelyprivatefiles.com will not be processed and will be replied to with an automatic response. You must use our form to process your cancellation.

13. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES.

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Idaho, excluding its conflicts-of-law principles. Please note that your use of the Services may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with completelyprivatefiles.com or relating in any way to your use of the Services resides in the courts of Idaho and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Idaho in connection with any such dispute including any claim involving completelyprivatefiles.com or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

14. OTHER TERMS

If any part of these terms and conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect.  A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  All rights not expressly granted herein are reserved.
Corporate address
P.O. Box 3114
Nampa, ID, 83653-3114
1-877-608-8988