Terms of Service

Last modified: November 24, 2014

Thank you for using FileString! These terms of service cover your use and access to the service, client software and websites (“Services”) provided by FileString. By using our Services, you are agreeing and bound by these terms. Please read them carefully.

If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms.

Your FileString Account

You will need a FileString Account in order to use our Services. 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 FileString of any unauthorized use of your account.

FileString Software in Our Services

Use of our Service allows you to download a client software package (“Software”). FileString hereby grants you a limited, nontransferable, nonexclusive, revocable license to use the Software, solely to access the Services. 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 decompile or reverse engineer the Software, nor attempt to do so, nor assist anyone else to do so. Our Services may update the Software on your device automatically when a new version is available.

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”, at your own risk, without express or implied warranty or condition of any kind. We also disclaim any warranties of merchantability, fitness for a particular purpose or non-infringement. FileString 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. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.

The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. We do not grant you any right, title, or interest in the Services, or the content in the Services. We appreciate your comments and feedback, please be aware that we may use any feedback, comments, or suggestions without any obligation to you.

If the Services are not available for any period or any time, we shall not be liable. We give no warranties as to the accessibility performance availability, or the service. Temporary suspension of access to the service may occur without notice at our discretion including without limitation in the case of repair, maintenance, system failure, or for reasons beyond our control.

You agree that neither FileString nor its third party providers will be liable to you in any way for the termination, suspension, interruption, delay of any of the services.

Your Files, Privacy and Responsibility

By using our Services you provide us with information and files that you submit to FileString. You retain full ownership to your files. We don’t claim any ownership to your files. This agreement does not grant us any rights to your files or intellectual property except for the limited rights that are needed to run the Services.

We need your permission to execute the Services, like sharing and hosting your files at your direction. Our Services provides features like previews or image thumbnails, searching and sharing. It also includes accessing and storing your files and 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.

You are solely responsible for the content of your files and folders, your conduct, and your communications with others while using the Services. You are responsible to ensure that you have the rights or permission needed to comply with these Terms and our Acceptable Use Policy.

We may review your conduct and content for compliance with the terms of this agreement and our Acceptable Use Policy. You acknowledge that FileString 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.

Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, download, or share files unless you have the right to do so. FileString will not be 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.

FileString is not responsible for maintaining and protecting all of your files. FileString will not be liable for any loss or corruption of your files, or for any costs or expenses associated with backing up or restoring any of your files.

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

The Services are not intended for use by you if you are under 13 years of age. By agreeing to these Terms, you are representing to us that you are over 13.

Copyright

FileString 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. Please send notices to info@filestring.com.

Other Content

The Services may contain links to third-party websites or resources. FileString 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.

Termination

We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. We may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases where we may suspend immediately.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL FILESTRING, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT FILESTRING HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO FILESTRING FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.

Modifications

We may revise these Terms from time to time. The most current version will always be posted on our website. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.

Waiver, Severability & Assignment

FileString'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 Terms 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 under these Terms, and any such attempt will be void. FileString may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Controlling Law

These terms will be governed by Oregon law except for its conflicts of law principles.

Entire Agreement

These Terms constitute the entire agreement between you and FileString with respect to the Services and subject matter of these terms, and supersede and replace any other agreements, terms and conditions applicable to the Services and subject matter. These Terms create no third party beneficiary rights.

FileString Acceptable Use Policy

Last modified: November 24, 2014

You agree not to misuse the FileString services.

Examples: you must not, and must not attempt to, use the services to do the following things.

  • breach or otherwise circumvent any security or authentication measures;
  • probe, scan, or test the vulnerability of any system or network;
  • interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mal-bombing any part of the Services;
  • plant malware or otherwise use the Services to distribute malware;
  • access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”);
  • send unsolicited communications, promotions or advertisements, or spam;
  • access, tamper with, or use non-public areas of the Service, shared areas of the Service you have not been invited to, FileString (or our service providers’) computer systems;
  • send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
  • publish anything that is fraudulent, misleading, or infringes another's rights;
  • promote or advertise products or services other than your own without appropriate authorization;
  • impersonate or misrepresent your affiliation with any person or entity;
  • publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;
  • violate the law in any way, or to violate the privacy of others, or to defame others.