1. Scope, acceptance and definitions
myDrobo is an Internet-based collection of services that offers remote front-end service (a.k.a. tunneled reverse proxies), dynamic DNS, domain name service and domain name registration (each a “Service” and collectively “Services”). The myDrobo service is jointly provided by Drobo, Inc. a California, USA company, hereafter referred to as “Drobo”, and the Iceland-based private limited liability company, The Beanstalks Project eh., hereafter referred to as “PageKite.net”.
PageKite.net and Drobo, provides the myDrobo service subject to the terms and conditions set forth in this Terms of Service (“TOS”) document.
By completing the sign-up process and by your ongoing use of the myDrobo service, you (“Customer”) are confirming your agreement to be bound by all of the terms and conditions of the TOS.
Drobo may amend or modify this TOS or impose new conditions at any time upon 2 (two) weeks written notice from Drobo to Customer, either by email or by publication on the Drobo website. Any use of the myDrobo service by Customer after such notice shall be deemed to constitute acceptance by Customer of such amendments, modifications or new conditions. The current version of this TOS may always be found at: http://www.drobo.com/terms/mydrobo/
In addition to the myDrobo service, Drobo provides access to computer software, the use and redistribution of which is governed by separate licenses as indicated.
3. Site content, ownership and license
Except where otherwise stated, Drobo owns all copyrights related to articles, illustrations, programs, services, processes, designs, software, trademarks, trade names, inventions, and materials published on drobo.com and mydrobo.com.
4. Customer domain rights
Customer understands that the sub-domains provided by the myDrobo service (all names ending in .mydrobo.com) remain the property of Drobo and access to said domains may be withdrawn at any time if their use is reasonably considered in violation of this TOS.
Conversely, ownership and rights to any domains registered or delegated to the Customer are in no way altered by Customer’s use of those domains with the Services.
5. Acceptable use policy
Customer certifies that he or she is of legal age required in his or her home jurisdiction to enter into this agreement.
Customer must personally register his or her Drobo using the Drobo support portal website at https://myproducts.drobo.com/login. Accounts registered by ‘bots’ or other unauthorized automated methods are forbidden. Each Drobo unit that will be accessed via the myDrobo service must be individually registered at the above support portal.
Customer is solely responsible for her/his usage of the myDrobo service. Each Customer is responsible for ensuring that all authorized users of its system or network are aware of and follow this TOS. Customer’s use of the Services is subject to, and Customer agrees to comply with, all applicable local, state, national, and international laws and regulations, including but not limited to (1) Local and international Copyright and Intellectual Property laws and (2) Internet regulations, policies, and procedures.
Customer is responsible for keeping his or her passwords and shared secrets secure and private. Drobo will not be held responsible for loss or damage resulting from Customer’s failure to keep these credentials secure.
Customer may use the myDrobo service for any lawful purpose so long as he or she does not (i) abuse or fraudulently use the myDrobo service, (ii) use the myDrobo service in a manner that causes interference to or tampers with another authorized user’s use of the myDrobo service or other PageKite.net services, or (iii) otherwise use the myDrobo service in a manner that violates this TOS. The terms of this TOS apply to any application or use of the myDrobo service.
Activities that fall within the scope of 5.5(i), (ii) or (iii) above include, but are not limited to, the following:
distributing or promoting content of a pornographic or prurient nature, content containing hate speech or libel utilizing myDrobo owned domains, including but not limited to names ending in .mydrobo.com.
6. Termination of service
Drobo may suspend or terminate your account or access rights to the myDrobo service at any time, without notice, for conduct that Drobo reasonably believes violates this TOS or any other applicable policies or guidelines that Drobo has posted on the Drobo website.
Drobo may temporarily suspend service when usage exceeds a fair and reasonable amount.
Customer may terminate his or her account at any time, without notice, by using the Reset Account option in the Account Management section of the myDrobo management portal accessible from your Drobo. A customer may not terminate an account by e-mail, over on-line chat or over the phone.
7. Fees, payment and refund policy
As consideration for the myDrobo service you have selected, you agree to pay Drobo the applicable service(s) fees set forth on our website. All fees are due immediately and are non-refundable. Drobo may take all remedies available to collect fees owed.
Unless otherwise specified, each Drobo Service is paid for in advance and any subscriptions are for a one-year term. Any renewal of your Services with us is subject to our then current terms and conditions and payment of all applicable service fees at the time of renewal.
Any unused Quota or subscription period is forfeit and non-refundable upon termination of the account. Service Quotas and usage rights to Drobo owned domains are non-transferable and non-refundable.
Drobo reserves the right to seek remedy in the event of fraudulent payment, charge-back or otherwise uncollectible fees including, but not limited to, suspending all Services rendered on Customer’s domain names and commencing litigation.
8. Service level agreement (SLA)
Customer recognizes that all myDrobo services are, unless otherwise stated, provided on a “best-effort” basis, where Drobo will not be held liable for temporary or ongoing degradation of service.
Specifically, no guarantees can be made about the speed or availability of Drobo Services, front-ends and DNS servers.
If the myDrobo service becomes globally unavailable for a period of over 5 consecutive business days without prior notice, and it can be reasonably argued that Drobo bears responsibility for the outage, subscribers to the myDrobo service shall be granted the option of canceling their subscription and receiving, where applicable, a refund for the unused portion of their Quota or subscription term. Refund policies for Drobo hardware devices shall not be affected by these TOS.
Furthermore, Customer recognizes that Drobo aims to please and aims to provide the best service we can!
Customer agrees to hold Drobo, its suppliers, partners, and authorized retailers harmless from any claims, whether brought by Customer or by a third party, and expenses, including reasonable attorney’s fees and court costs, related to or arising from Customer’s breach or violation of any of the terms of this TOS, or from any information, software or content placed by Customer on the Drobo website or on a server accessible through the Services.
10. Choice of law
This TOS shall be construed and controlled by the laws of California, USA.
Any dispute arising from the terms of this TOS or a breach of this TOS will be governed by the laws of California, USA and shall be brought to the appropriate courts therein. Customer agrees to submit to the jurisdiction of that court.
11. Disclaimer of responsibility for third party content
Drobo assumes no responsibility for the content of any material located on third party servers outside its control, including all servers and Drobos accessed through the myDrobo service. Drobo has no control over websites or other material hosted on such external servers.
Drobo retains the right, in its sole discretion, to terminate myDrobo services pursuant to Section 5 above if a Customer’s conduct in hosting such content violates the TOS.
12. LIMITATION OF LIABILITY AND WARRANTY
CUSTOMER AGREES THAT USE OF THE SERVICE IS ENTIRELY AT CUSTOMER’S OWN RISK. DROBO’S SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION THE DROBO SOFTWARE LICENSED TO THE CUSTOMER AND THE RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY, DROBO DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES THAT DROBO IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER.
NEITHER DROBO NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE. CUSTOMER AGREES THAT CAPS LOCK IS AWESOME FOR LEGALESE. CUSTOMER AGREES THAT DROBO WILL NOT BE LIABLE FOR ANY LOSS OF OR USE OF CUSTOMER’S DOMAIN NAME, OR FOR INTERRUPTION OF BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER DROBO HAS BEEN NOTIFIED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
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