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Terms of Service • BWATO - The Online File Storage Service

Terms Of Service
Effective as of: 05/01/08

You have chosen to register to use Betweenworkandtheoffice data storage and retrieval service (the "Service").

The Service is provided to you under the terms and conditions set forth below ("Terms of Use"), and our privacy policy (the "Privacy Policy"), which collectively make up our agreement with you (the "Agreement").

By checking the "I accept" box on the registration page when you register to use the Service, you are agreeing to all of the terms and conditions of this Agreement. Betweenworkandtheoffice may change, add or remove any part of this Agreement at any time. If we do so, we will inform you that we have made changes to this Agreement by posting an announcement on the Betweenworkandtheoffice website (www.betweenworkandtheoffice.com). Your continuing use of the Service constitutes your acceptance of the then-current form of this Agreement.


1. Description of Services

Subject to Betweenworkandtheoffice's acceptance of your registration and your compliance with the terms and conditions of this Agreement, Betweenworkandtheoffice will provide you with access to Betweenworkandtheoffice’s servers for the purpose of storing and retrieving your data, up to the overall size limits you have chosen for your account.

If you select a Free Account, Betweenworkandtheoffice will create one Free Account in your name on Betweenworkandtheoffice’s servers. Betweenworkandtheoffice will initially allow you to store and retrieve up to a stored total of 20 Megabytes in your Account at any given time. You can upgrade your Full Account to a larger size at any time.

If you select a Premuim or Elite Account when you initially register Betweenworkandtheoffice will create one Full Account in your name. Betweenworkandtheoffice will allow you to store and retrieve data up to the storage limit that you have selected for your Full Account. Your credit card will be charged as provided.

In order to use the Service, you need a computer that is configured and has the speed and capacity to access the Internet, and access to the Internet, through a third party Internet service provider. You are responsible for supplying your own computer and Internet connection, and for paying all network connection, telephone or other fees associated with such Internet access.

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2. Conditions of Use

You are solely responsible for the content of all data, images, programs or other digital material that you store or retrieve from your Account, and for all material transmitted by you to and from your Account.

Your use of the Service is subject to all applicable local, regional, county, state, provincial, national and international laws and regulations, including intellectual property and all applicable laws. You understand and acknowledge that virtually all music, movies, television shows, and similar works are protected by US and international copyright laws, and you agree to comply with all applicable copyright laws.

You agree that you will not:

Use the Service to plan or carry out any illegal activity;
Use the Service to store, retrieve, transmit or view any Content that: (i) contains any illegal material; (ii) is harassing, libelous, defamatory, abusive, threatening, harmful, pornographic, obscene or is otherwise tortious or offensive, as determined by Betweenworkandtheoffice in its reasonable discretion; (iii) encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any Applicable Laws; or (iv) contains any viruses, worms, Trojan horses or other malicious code;
Use the Service in any manner that violates the intellectual property rights of others, including by copying, publishing, displaying, sharing or distributing any music, videos, images, books, or other kinds of works that are protected by copyrights, without the express consent of the copyright holder;
Use the Service to contain any files that are accessed by a website, or by "bots";
Use the Service for any activity that breaches any duty of confidentiality that you owe to anyone;
Use the Service to transmit any bulk e-mails or spam (whether commercial or non-commercial in nature), chain letters, pyramid schemes, or make any other high volume use that may disrupt the Service or the networks through which you access and use the Service;
Use the Service to transmit large amounts of data to a large number of users; or access or attempt to access any Betweenworkandtheoffice account for which you have no access authorization, or duplicate, modify, distribute or display any of the data or files from any such account;

You agree that you will:

Comply with all regulations, policies and procedures of networks through which you access and use the Service; and
Restrict the use of sharing features to share Content between friends, colleagues and business partners, within the bounds of Applicable Law and without violating any third party rights, including copyrights. Betweenworkandtheoffice is not obliged to monitor its customers’ use of the Service. However, to the extent permitted by Applicable Law, Betweenworkandtheoffice reserves the right, in its sole discretion, to monitor and investigate such use, including by direct inspection of Content by Betweenworkandtheoffice’s personnel or contractors. The Service may also use automated procedures to detect unacceptable levels of usage and may immediately disable offending Accounts.

3. Personal Information

All personal information that you supply to Betweenworkandtheoffice will be treated in accordance with Betweenworkandtheoffice's Policy Policy, which is part of this Agreement. You agree to promptly notify Betweenworkandtheoffice of any change in the information provided on your registration form or otherwise associated with your Account (including any change in your mailing address, telephone number(s), email address or credit card information).

4. Credit Card Charges

You agree that, once a Full Account is opened for you, your subscription to the Service will renew automatically until you cancel the Service. You hereby authorize a recurring monthly or annual charge, whichever you selected when you registered, to your credit card during your enrollment in the Service at the then-current prices as indicated on the Service pricing page(s), or such other prices contained in any authorized written quotation that we have provided you.

If you have questions or comments about your credit card charges, please email us here. We try to respond to all customer queries within 24 to 48 hours.

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5. Canceling, Upgrading or Downgrading your Account

Canceling your Evaluation Account
If you cancel your Account your Content will be immediately deleted to a point from which it cannot be recovered. In this event, you agree to hold the Service harmless from any such deletion of your Content that may be stored on the Service servers. Please ensure you have a separate copy of the Content you stored on the Service before you cancel your Account.

Canceling your Full Account
If you cancel your Full Account and your billing period is monthly, Betweenworkandtheoffice will cancellation will occur at the end of the month.
If you cancel your Full Account and your billing period is yearly, Betweenworkandtheoffice will refund the unused portion of your annual bill based on the number of full months remaining in the unused portion of your annual bill that after the month in which you cancel.

Upgrading your Full Account
If you upgrade your Premuim Account and your billing period is monthly, Betweenworkandtheoffice will charge you immediately for the prorated difference between your old space charges and your new, higher space charges. If you upgrade your Full Account and your billing period is yearly, Betweenworkandtheoffice will charge you immediately for the prorated difference between your old space charges and your new, higher space charges. The proration is based on the number of whole days remaining in your billing period, beginning with the day after the day that you upgrade your account.
Your responsibility to avoid loss of Content if you downgrade your Full Account
Before you can downgrade your Full Account, you must ensure that the amount of space used in your account is less than or equal to the new limit. Otherwise, you risk losing your Content, since Betweenworkandtheoffice has no obligation to store Content that exceeds your new limit.

6. Passwords and Account Security

You are solely responsible for, and hold Betweenworkandtheoffice harmless from, any consequences arising out of your failure to maintain the confidentiality of the password for your Account. You agree to notify Betweenworkandtheoffice of any unauthorized disclosure or use of your Password or other breach in security of your Account immediately after you become aware of it. In the event you determine your Password has been stolen, Betweenworkandtheoffice urges you to log on to the Service and change your Password immediately.

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7. Security of Stored Content

There is no way to make encryption or a password-protected data storage and retrieval system 100% impenetrable. Accordingly, you acknowledge that it may be possible for an unauthorized third party to access your Content stored on Betweenworkandtheoffice's servers or transmitted to or from Betweenworkandtheoffice's servers across the Internet, and you agree that in the event an unauthorized third party does access your Content, any loss that you may suffer is subject to the Disclaimer of Liability section of these Terms of Use.

8. Inspection and monitoring of your Account usage and Content

You are solely responsible ensuring that all Content complies in all respects with these Terms of Use. Betweenworkandtheoffice is not obliged to review, inspect, edit or monitor any Content stored by you or any other user of the Service. Betweenworkandtheoffice’s policy is to cooperate with investigations by duly authorized law enforcement personnel and government agencies.

9. Backups of your Content

The Service maintains makes every attempt to maintain copies of your Content and other Account data on backup and makes a reasonable attempt to maintain this 24x7. These redundancies exist to assist Betweenworkandtheoffice in recovering from disk drive failures, storage controller failures, and other hardware, software, or firmware failures. Betweenworkandtheoffice makes a reasonable attempt to provide you with 24x7 access to your Content; however, as all servers, disk access, and mirrors are based on a combination of hardware and software, all of which is subject to failure, Betweenworkandtheoffice makes no guarantee that your Content will be available 24x7, nor that your Content will not be lost or rendered inaccessible due to catastrophic hardware, software or firmware failures.

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10. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. The service is provided to you on an “As Is” and “As Available” basis.
BETWEENWORKANDTHEOFFICE makes no representation or warranty that access to the service will be timely, error-free, uninterrupted, virus-free or secure. That any data that may exist on your computer or network will not be lost or damaged as a result of your use or non-use of the service or those defects in the service will be corrected. You acknowledge that any data or other material that you retrieve through the use of this service is downloaded at your risk and you will be solely responsible for any loss of data or damage to your computer or network that results from the retrieval of such data or other materials..

11. Limitations of Liability

In no event shall BETWEENWORKANDTHEOFFICE have any obligation or liability to you for any loss of data, loss of use of computer systems or networks, lost revenue or profits, business interruption, or other pecuniary loss arising out of your use or inability to use your account or the service or your loss of content stored on BETWEENWORKANDTHEOFFICE’s servers.

12. Termination

Either you or Betweenworkandtheoffice may terminate this Agreement with or without cause at any time by giving notice of such termination to the other in the manner described in paragraph below. Further, if Betweenworkandtheoffice believes that you have violated your obligations under this Agreement, Betweenworkandtheoffice may, at its option and in addition to its other remedies, immediately and without notice, suspend your Account, remove and destroy Content stored by you on Betweenworkandtheoffice's servers and/or terminate this Agreement. Betweenworkandtheoffice will not be liable to you or any third party for any such suspension or termination of your Account or the Service. Upon any termination of this Agreement, you will cease use of the Service and remove all of your stored Content from Betweenworkandtheoffice servers.

13. Feedback

We welcome your comments and suggestions

14. Notices

Any notice under this Agreement given by Betweenworkandtheoffice to you will be deemed to be properly given if sent by email to your email address as set forth in the Account information that you provided. It is important that you maintain a correct working email and postal address and update them as necessary to be able to receive Betweenworkandtheoffice's communications.