Legal

ACCEPTANCE OF TERMS

Welcome to Pogoplug

The following Terms of Service (“TOS”) are between you and Pogoplug and constitute a legal agreement that governs your use of the Pogoplug product, software, services and websites (collectively referred to as the “Service”). You must agree to these TOS before you can use the Service. You can agree to these TOS by: a) actually using the Service, or b) clicking a box that indicates you agree to the Service, where such a box is made available to you. If you do not agree to all of the following terms, please do not use the Service. "Pogoplug" or “we” as used in these TOS means Cloud Engines, Inc., located at 480 Pacific Avenue, San Francisco, CA 94133, and its affiliates.

Legal Authority

To use and/or register for the Service you must be: a) of legal age to form a binding contract with Pogoplug, and b) cannot be a person barred from receiving the Service under the laws of the United States or other applicable jurisdiction, including the country in which you reside or from where you use the Service. If you are using the Service on behalf of an organization, you represent and warrant to us that you have the power and authority to enter into this Agreement for that organization. By accepting these TOS you represent that you understand and agree to the foregoing.

Updates

Pogoplug may update or change these TOS from time to time and recommends that you review the TOS on a regular basis at www.pogoplug.com. You understand and agree that your continued use of the Service after the TOS has changed constitutes your acceptance of the TOS as revised. Pogoplug will use commercially reasonable efforts to notify you by email of any material changes to the TOS.

DESCRIPTION OF THE SERVICE

System Requirements

Use of the Service requires one or more compatible devices or personal computers, certain software, and broadband Internet access. Please refer to the documentation applicable to your product on our website for more detail on hardware and software requirements.

Changing the Service

Pogoplug reserves the right to modify or stop the Service (or any part thereof), either temporarily or permanently, at any time or from time to time. You agree that Pogoplug shall not be liable to you or any third party for any modification or cessation of the Service. To optimize the Service for all users, Pogoplug prioritizes bandwidth for users who have uploaded less than 1TB of data ("Storage Threshhold"), and may throttle users who have uploaded more than 1TB of data. Pogoplug will use commercially reasonable efforts to warn users via email of impending, material changes to the Service.

Limitations on Use

You agree to use the Service only for purposes as permitted by these TOS and any applicable law, regulation, or generally accepted practice in the applicable jurisdiction.

Availability of the Service

The Service, or any feature or part thereof, may not be available in all languages or in all countries, and Pogoplug makes no representation that the Service, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, any applicable local laws.

YOUR USE OF THE SERVICE

Member Account

When you accept these TOS and complete the Pogoplug sign up process, you become the Pogoplug “Member Account” holder. You are required to provide your email address upon sign-up that will be used for your account (your “User ID”). Depending on your account type, you may be permitted to purchase and add additional “Sub-accounts” to your Member Account. You must select a separate User ID for each Sub-account you create. You are responsible for all activity that takes place on your Member Account and any associated Sub-accounts.

Sub-account

If you use a Sub-account, the Member Account holder has full control over your Sub-account and may alter, close or end the Sub-account at any time, as well as request information related to your use of the Sub-account, including machine and service use information, without notice to you.

Account Security

Upon creating your User ID you will be required to select a password. Please choose a strong password and do not reveal your password to others. You agree that you are responsible for keeping your password confidential and secure, and further understand that you are solely responsible and liable for any activities that occur under your User ID. If you suspect or become aware of any unauthorized use of your account please contact Pogoplug Support at support@pogoplug.com.

The security of your personal information is important to us. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once we receive it. Nevertheless, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee the absolute security of your personal information.

Children

If you are using the Service on your own behalf, you represent and warrant to us that you are at least 13 years of age (and that if you are 13 or older but under 18, you are under the supervision of a parent or legal guardian who agrees to be bound hereby on your behalf).

Sign Up Obligations

You agree that all information you provide to Pogoplug during the sign up process (“Sign-Up Data”) will be true, accurate, complete and current information, and that you shall maintain and update the Sign-Up Data as needed throughout your term to keep it accurate and current. Failure to provide accurate, current and complete Sign-Up Data may result in the suspension and/or termination of your account.

Additional Obligations or Terms of Use

Particular components or features of the Service, provided by Pogoplug and/or its licensors, may be subject to separate software or other license agreements or terms of use. You must read, accept, and agree to be bound by any such separate agreement as a condition of using these particular components or features of the Service.

No Right of Survivorship

You agree that your Pogoplug account is non-transferable and that any rights to your Member Account terminate upon your death. Upon receipt of a copy of a death certificate your account may be terminated. Contact support at support@pogoplug.com for further assistance.

No Resale of Service

You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Service (or any part thereof) for any purpose.

PRIVACY

You understand that by using the Service, you consent and agree to the collection and use of certain information about you and your use of the Service in accordance with Pogoplug's Privacy Policy. Information collected by Pogoplug when you use the Service may also include technical or diagnostic information related to your use that may be used by Pogoplug to maintain, improve and enhance the Service. For more information, please consult our Privacy Policy.

CONTENT AND CONDUCT

Content

"Content" means any information that may be generated or encountered through use of the Service, such as data files, written text, software, music, graphics, photographs, images, sounds, videos, messages and any other like materials. You understand that all Content, whether publicly posted or privately transmitted on the Service, is the sole responsibility of the person from whom such Content originated. This means that you, and not Pogoplug, are solely responsible for and retain ownership of any Content you upload, download, post, email, transmit, store or otherwise make available through your use of the Service. You understand that by using the Service you may encounter Content that you may find offensive, indecent, or objectionable, and that you may expose others to Content that they may find objectionable. Pogoplug does not control the Content posted via the Service, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that your use of the Service and any Content is solely at your own risk.

You give us permission to use the Content solely as is necessary to provide the Service. This permission also extends to trusted third parties we work with to provide the Service. For details regarding how we collect and use your information, please consult our Privacy Policy.

Sharing

Our Service allows you to share content privately or publicly. Once published, public content may disseminate quickly and broadly, so please use the sharing features carefully.

Your Conduct

You agree that you will NOT use the Service to:

  1. upload, download, post, email, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another's privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
  2. stalk, harass, threaten or harm another;
  3. if you are an adult, request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, or the names of the minor's school, church, athletic team or friends;
  4. pretend to be anyone, or any entity, you are not;
  5. engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
  6. forge any TCP-IP packet header or any part of the header information in an email or a news group posting, or otherwise putting information in a header designed to mislead recipients as to the origin of any Content transmitted through the Service ("spoofing");
  7. upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware;
  8. interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon);
  9. plan or engage in any illegal activity; and/or
  10. gather and store personal information on any other users of the Service to be used in connection with any of the foregoing prohibited activities.

Removal of Content

You acknowledge that Pogoplug is not responsible or liable in any way for any Content provided by others and has no duty to pre-screen such Content. Pogoplug reserves the right at all times, however, to determine whether Content is appropriate and in compliance with these TOS, and may remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of these TOS or is otherwise objectionable.

Backup Your Content

You are responsible for backing up, to your own computer or other devices, any important documents, images or other Content that you store or access via the Service. Pogoplug does not guarantee or warrant that any Content you may store or access through the Service will not be subject to inadvertent damage, corruption or loss.

Access to Your Account and Content

You acknowledge and agree that Pogoplug may access, use, preserve and/or disclose your account information and Content if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce these TOS, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Pogoplug, its users or the public as required or permitted by law.

Copyright Notice - DMCA

We respect the intellectual property rights of others, and ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Pogoplug's Copyright Agent the written information specified below. Please note that this procedure is exclusively for notifying Pogoplug that your copyrighted material has been infringed.

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed upon;
  3. A description of where the material that you claim is infringing is located on the site, including without limitation the URL;
  4. Your address, telephone number, and e-mail address;
  5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Pogoplug's Copyright Agent for notice of claims of copyright infringement on the Service can be reached as follows:

Copyright Agent
Pogoplug Legal Department
phone: (866) 582-6651
e-mail: legal@pogoplug.com

Violations of TOS

If while using the Service, you encounter Content you find inappropriate, or otherwise believe to be a violation of these TOS, you may report it by sending an email to support@pogoplug.com.

PAYMENT AND PRICING TERMS

You agree to abide by Pogoplug's Payment Terms.

TRADEMARK INFORMATION

Pogoplug, Pogoplug, the Pogoplug logo and other Pogoplug trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Cloud Engines Inc. in the US and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service.

SOFTWARE

Pogoplug PC Software
If you have an authorized copy of Pogoplug PC or Pogoplug Team for a personal computer (“PC Software”), Pogoplug grants you a personal, non-exclusive, non-transferable, limited license, without rights to sublicense, to install such PC Software on one computer owned and/or controlled by you, and to use such PC Software solely as a part of the Service and in accordance with these TOS. If you are using a trial version of the PC Software and fail to purchase a license to such PC Software prior to the expiration of the applicable trial period, this license shall automatically terminate.

Pogoplug Backup Software

Pogoplug Backup Software is software that automatically backs up your computer to your Pogoplug account ("Pogoplug Backup"). A Pogoplug account and an Internet connection are required for utilization. The application will run as a background service after installation. For Windows users, Microsoft Visual Studio 2010 Redistributable will be installed as required, and the application can be accessed via an icon in the system tray. Uninstall instructions for Pogoplug Backup can be found here: http://pogoplug.com/support.

If you have an authorized copy of Pogoplug Backup, Pogoplug grants you a personal, non-exclusive, non-transferable, limited license, without rights to sublicense, to install such Pogoplug Backup software on all personal computers associated with your account and owned and/or controlled by you, and to use Pogoplug Backup software solely as a part of the Service and in accordance with these TOS.


Pogoplug Mobile Software
If you have downloaded any Pogoplug software for a mobile device (Android™, iPhone®, or iPad®) ("Mobile Software"), Pogoplug grants you a personal, non-exclusive, non-transferable, limited license, without rights to sublicense, to install such Mobile Software solely on a single device for which such Mobile Software is intended, and to use such Mobile Software solely as a part of the Service and in accordance with these TOS.

Pogoplug Device Software
If you have purchased any Pogoplug hardware device, Pogoplug grants you a personal, non-exclusive, non-transferable, limited license, without rights to sublicense, to use such software ("Device Software") as provided to you by Pogoplug solely as a part of the Service, in accordance with these TOS, and as embedded on the device which you purchased.

Pogoplug Proprietary Rights

You acknowledge and agree that Pogoplug and/or its licensors own all legal right, title and interest in and to the Service, and any software provided to you as a part of and/or in connection with the Service, including, without limitation, the PC Software, the Mobile Software, the Device Software (the “Software”), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

Open Source
Pogoplug includes several open source components in the Software. You agree to abide by the terms of the relevant licenses, as may be updated by Pogoplug from time to time at http://pogoplug.com/home-en-developers-open-source.html.

License Restrictions
You will not (and will not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the Software.

Export Control
Use of the Service and Software, including transferring, posting, or uploading data, software or other Content via the Service, may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries, including without limitation Cuba, Iran, North Korea, Sudan or Syria or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Software or Service, you represent and warrant that you are not located in any such country or on any such list.

Updates
As part of the Service, you may from time to time receive updates to the Software from Pogoplug that may be automatically downloaded and installed to your applicable device. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Software. You agree that Pogoplug may automatically deliver such updates to you as part of the Service and you shall receive and install them as required. Pogoplug will use commercially reasonable efforts to notify you by email of any material changes to the Software.

TERMINATION

Termination by You

You may terminate your account and/or stop using the Service at any time. To terminate your account, contact Pogoplug Support at support@pogoplug.com. Any fees paid by you prior to your termination are nonrefundable. Termination of your account shall not relieve you of any obligation to pay any accrued fees or charges.

Termination by Pogoplug

Pogoplug may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your account and/or access to the Service. For example, we may terminate your account if you fail to comply with these TOS or use the Service in any way that could create legal liability for us or that could disrupt others' use of the Service.. Pogoplug may also terminate any subscription account if the applicable subscription fees are not paid prior to or on the applicable renewal date. Any such termination or suspension shall be made by Pogoplug in its sole discretion, without any refund to you of any prepaid fees or amounts, and Pogoplug will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Service.

Effects of Termination

Upon termination of your account you lose all access to the Service and any portions thereof, including, but not limited to, your Member Account (and any Sub-accounts thereunder).

LINKS AND THIRD PARTY MATERIALS

Links

Certain Content, components or features of the Service may include materials from third parties and/or hyperlinks to other web sites, resources or Content. Because Pogoplug may have no control over such third party sites and/or materials, you acknowledge and agree that Pogoplug is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, products or materials on or available from such sites or resources.

DISCLAIMERS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AND SOFTWARE IS AT YOUR SOLE RISK AND THE SERVICE AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. POGOPLUG AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM POGOPLUG OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

LIMITATION OF LIABILITY

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU. YOU EXPRESSLY UNDERSTAND AND AGREE THAT POGOPLUG AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF POGOPLUG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE OR SOFTWARE.

MISCELLANEOUS

Notices

Pogoplug may provide you with notices regarding the Service, including changes to these TOS, by email to your Pogoplug email address (and/or other alternate email address if provided), by regular mail, or by postings on our website and/or the Service.

Governing Law

Except to the extent expressly provided in the following paragraph, these TOS and the relationship between you and Pogoplug shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Pogoplug agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from these TOS. Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

Other

These TOS and Pogoplug's Privacy Policy and Payment Terms constitute the entire agreement between you and Pogoplug with respect to the Service, govern your use of the Service and completely replace any prior agreements between you and Pogoplug in relation to the Service. If any part of these TOS is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Pogoplug to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in these TOS, there shall be no third-party beneficiaries to this agreement. Any translation of these TOS is provided as a courtesy and in the event of a dispute between the English and any non-English versions, the English version of these TOS shall govern. You agree that any claim or cause of action arising out of or related to these TOS or the use of the Service must be filed within one (1) year after the cause of action arose or be forever barred.

QUESTIONS

Please feel free to contact us with any questions at legal@pogoplug.com.

Last revised: June 19, 2014
© Copyright 2014 Cloud Engines Inc. All rights reserved.