Terms of Service for Out of The Box Data Security (ootbds.com)
Welcome to ootbds.com, This website is owned and operated by Out of This World Computer Systems (PTY) LTD. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement').
The term "OOTWCS" refers to Out of This World Computer Systems (PTY) LTD.
The term "OOTBDS" refers to Out of the Box Data Security which is a wholly owned product of OOTWCS.
The term "you" or "your" includes any of your subsidiaries, affiliates, employees and parent or legal guardian.
This agreement is in effect as of February 20, 2015.
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
Responsible Use and Conduct
By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as 'Resources'), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.
Wherein, you understand that:
a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.
f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
i. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
ii. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
Iii. Contains any type of unauthorized or unsolicited advertising;
Iiii. Impersonates any person or entity, including any ootbds.com employees or representatives.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
h. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn't violate or infringe on any 3rd party copyrights or trademarks, becomes the property of Out of This World Computer Systems (PTY) LTD, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources.
i. You agree to indemnify and hold harmless Out of This World Computer Systems (PTY) LTD and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.
Sharing
OOTBDS lets you share Your information with others; there are many things that users may do with that content (for example, copy it, modify it, re-share it). Please think carefully about what you share.
All content shared via Out of The Box Data Security are solely those of the user in their private capacity and do not in any way represent the views of Out of This World Computer Systems (Pty) Ltd, its directors, staff or any associates.
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 OOTBDS, 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 OOTBDS, are responsible for maintaining and protecting all of your content. OOTBDS will not be liable for any loss or corruption of your content, or for any costs or expenses associated with backing up or restoring any of your content.
Billing
We'll automatically bill you from the date you registered for an OOTBDS account and on each periodic renewal until cancellation.
You may cancel your OOTBDS account at any time but you won't be issued a refund unless it's legally required.
We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.
Plan Specific Terms
Basic
Is a free to use service that limits you to 3GB of Storage space that can be upgraded at any time. Some features from other OOTBDS Plans may not be available for use with the Free account. Free accounts will be terminated after 90 days of inactivity (ie not logging in) and if there is any breach of our Terms and Conditions as stated in this document. Users will be notified before termination of their free account on 30 days of inactivity, 60 days of inactivity, 70 days of inactivity, 80 days of inactivity and finally 90 days of inactivity.
Business
If you sign up for a OOTBDS account with an email address provisioned by your employer, your employer may be able to block your use of OOTBDS until you transition to a OOTBDS Business account or you associate your OOTBDS account with a personal email address.
If you join a OOTBDS Business account, you must use it in compliance with your employer's terms and policies. Please note that OOTBDS Business accounts are subject to your employer's control. Your administrators may be able to access, disclose, restrict, or remove information in or from your OOTBDS Business account. They may also be able to restrict or terminate your access to a OOTBDS Business account. If you convert an existing OOTBDS account into a OOTBDS Business account, your administrators may prevent you from later disassociating your account from the OOTBDS Business account.
Business Pro
*1TB / user: Business Pro limits clients to a maximum of 1000 user accounts.
Enterprise
*Unlimited Storage: From date of agreement, storage is limited to 250TB and increased by 250TB every year after successful renewal of agreement.
Business 30 Day Free Trial
Is offered as a 30 day obligation free trial to businesses, organisations and groups.
30 days start on day of service activation, and end on the 30th day (if this falls on a weekend or public holiday, it will be rolled over to the first work day) after which you will be able to upgrade to a Business account retaining all your data and users.
If you wish not to upgrade you account will be terminated within 10 days after the 30th day.
You are entitled to only signing up for a single 30 day free trial.
You are limited to 1TB (1000GB) of storage unless otherwise agreed to in writing.
Services "AS IS"
We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, OOTBDS AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some jurisdictions don't allow the disclaimers in this paragraph, so they may not apply to you.
OOTBDS will have no responsibility for any harm to any medium you used to connect, loss or corruption of data, or other harm that results from your access to or use of the Services or Software.
Limitation of Warranties
By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
Furthermore, you understand and agree that:
v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from Out of This World Computer Systems (PTY) LTD or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.
Limitation of Liability
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Out of This World Computer Systems (PTY) LTD will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, security breach, and or hacking, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
Copyrights/Trademarks
All content and materials available on ootbds.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Out of This World Computer Systems (PTY) LTD, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Out of This World Computer Systems (PTY) LTD.
Termination of Use
You are free to stop using our Services at any time. You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
OOTBDS reserves the right to change, modify or discontinue, temporarily or permanently, the Site (or any portion thereof), including any and all content contained on the Site, at any time without notice. You agree that OOTBDS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site (or any portion thereof).
Governing Law
This website is controlled by Out of This World Computer Systems (PTY) LTD from our offices located in the province of Gauteng, South Africa. It can be accessed by most countries around the world. As each country has laws that may differ from those of Gauteng, by accessing our website, you agree that the statutes and laws of Gauteng, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the courts located in South Africa, Gauteng You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Guarantee
UNLESS OTHERWISE EXPRESSED, Out of This World Computer Systems (PTY) LTD EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Contacting Us
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:
Out of This World Computer Systems (PTY) LTD
2014/080413/07
South Africa
admin@ootwcs.com
Last Edited on 2016-10-19