- You must be at least 18 years of age to use this website.
- You promise not to access or attempt to access this website by any means except through the login procedures that we provide.
- You promise to keep your login credentials and other account information confidential. You agree that you are solely responsible for the activity that happens on or through your account.
- You promise not to use this website in any way that is unlawful, illegal, fraudulent or harmful.
- You promise not to attempt to damage, interfere with, or harm this website, or any network or system upon which the website depends.
- You promise not resell or sublicense this website, its services or its content, and you promise not to modify the website or make derivative works.
- You promise not to attempt to reverse engineer or decompile any software comprising or underlying the website, or the website itself.
DATA IN YOUR FILES
- You retain all rights to data in the files that you send to and through this website.
- We will not access or attempt to access the data in your files. We will not access the data in your files even if you ask us to.
- CloudFileMover.com moves, copies and deletes files only. We do not retain or store your files.
- Unless you change or cancel your subscription plan as described below, we will automatically bill you at the beginning of each month for the subscription plan that you last purchased.
- Our free subscription plan allows only limited data transfer per month. If you exceed that limit, the service will stop working. At that point, you can wait until the following month, or you can upgrade your plan.
- Our paid subscription plans have a specified amount of data transfer included for each month and a fee per gigabyte for any data transferred over the included amount. We will automatically bill you at the beginning of the month for any data transfer amount over the included amount that occurred in the previous month.
- Our paid subscription plans may be subject to tax and are non-refundable.
- You may change your subscription plan at any time.
- If you wish to change your subscription plan, the change will be effective immediately. Prorated monthly fees for any change are calculated from the day after the change is made. The prorated charge or refund will be processed on the first day of the next month.
- If you wish to cancel your subscription plan, the cancellation will be effective immediately. You will not be refunded any of the monthly fee for the current month.
- We reserve the right to change the terms and/or features of our free and paid subscription plans at any time.
- We do not guarantee that our free subscription plan will always be available. We reserve the right to interrupt or terminate the free subscription plan, temporarily or permanently, without prior notice.
- We reserve the right to permanently terminate our paid subscription plans, but will make every effort to give you 7 days notice. If this happens, you will not be entitled to compensation, but will no longer be liable for payment of subscription fees from the date of termination.
- We reserve the right to temporarily suspend our subscription plans for maintenance or for upgrades. We will inform you of the temporary suspension in advance, whenever possible. Temporary suspensions will not give rise to any refund of subscription fees.
- We provide this website on an “as is” basis without any representations or warranties, express or implied.
- To the extent permitted by law, we exclude all warranties.
- This means that we do not warrant that this website will be constantly available, or available at all.
- It also means that we do not warrant that this website will be secure, timely, defect-free, uninterrupted, or will meet your requirements or expectations.
- Finally, while we take every reasonable precaution, we do not warrant that this website is secure or free of viruses or other harmful components.
- To the extent permitted by law, our liability to you for any claims you might bring against us is limited to the amount you paid to us to use our services in the immediately preceding 12 months.
- This means we will not be liable for any direct, indirect, punitive, special, exemplary, incidental, consequential damages or damages of any other kind (including loss of data, revenue, anticipated savings, contracts, business relationships, reputation, goodwill and any other business loss) whether foreseeable or unforeseeable, which might arise out of or be related your use of this website, or which might arise out of or be related to any service interruption, inaccuracy, error or omission.
- We will not be liable for damages even if we have been previously advised of the possibility of such damages.
- If you infringe or attempt to infringe upon the intellectual property of Noonmark Technology Services, Inc., or any associated third parties.
- If you harm or attempt to harm the website, or make any attempt, whether successful or unsuccessful, to violate any security feature.
- If you provide false information for the opening of the account.
- If you use a fraudulent or stolen credit card to pay your subscription fee.
- If you fail to pay the required subscription fee.
CHANGES TO THESE TERMS
- In general, changes to these Terms will not apply retroactively and will become effective no sooner than fourteen days after they are posted.
- If you do not agree to modifications made to these Terms, you should discontinue your use of CloudFileMover.com.
- Noonmark Technology Services, Inc. owns all intellectual property rights in CloudFileMover.com and all software and source code underlying and comprising it.
- If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
- If it turns out that a particular provision in these Terms is not enforceable, this will not affect any other provisions.
- All provisions of these Terms which by their nature should survive termination of our relationship with you shall survive such termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
- The laws of Massachusetts will apply to any disputes arising out of or relating to these Terms or your use of this website, and all such claims will be litigated exclusively in the federal or state courts of Suffolk County, Massachusetts and we and you consent to personal jurisdiction in those courts.