DAPDrive Terms of Service

THIS SERVICE OF DAP DRIVE AND RELATED MATERIALS (THE "SERVICE") AND ALL RELATED APPLICATIONS SUCH AS: THE FILES UPLOADING APPLICATION, THE STORAGE EXPLORING APPLICATION (THE "PRODUCTS"), ARE LICENSED TO YOU BY SPEEDBIT LTD. ("SPEEDBIT") SUBJECT TO THE TERMS AND CONDITIONS OF THIS TERMS OF SERVICE AGREEMENT (THE "AGREEMENT").
PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY. BY CHECKING THE "I HAVE READ AND I ACCEPT THE DAPDRIVE TERMS OF SERVICE" CHECK BOX, AND/OR BY INSTALLING OR USING THIS SERVICE AND/OR ITS RELATED PRODUCTS YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PLEASE DO NOT ACCESS/USE THE SERVICE, DO NOT INSTALL OR USE THE PRODUCTS AND IMMEDIATELY DELETE ANY COPY OF IT FROM ALL STORAGE MEDIA.

SPEEDBIT RESERVES THE RIGHT TO REVISE THE TERMS OF THIS AGREEMENT AT ANY TIME, AT ITS SOLE DISCRETION AND WITHOUT ANY PRIOR NOTICE. SPEEDBIT WILL POST THE LATEST VERSION OF THE LICENSE AGREEMENT AT HTTP://WWW.DAPDRIVE.COM/LEGAL/TERMSOFSERVICE.ASP. AT ALL TIMES, THE LATEST VERSION OF THE AGREEMENT WHICH IS PUBLISHED ON THE ABOVE LINK SHALL BE BINDING AND SHALL SUPERSEDE ANY OTHER VERSION.

IF YOU ARE UNDER THE AGE OF 13 YOU ARE NOT ELIGIBLE TO USE THE SERVICE OR PRODUCTS, AND WE ASK YOU NOT TO SUBMIT ANY PERSONAL INFORMATION TO US, AND NOT TO USE OUR SERVICE AND/OR PRODUCTS. BY CHECKING THE "I HAVE READ AND I ACCEPT THE DAPDRIVE TERMS OF SERVICE" CHECK BOX AND/OR USING OUR SERVICE AND/OR PRODUCTS, YOU DECLARE YOU ARE OVER THE AGE OF 13.

Description and Scope Of Service

SpeedBit is offering the DAPDrive service to allow you store and manage your files ("Data") on a web based storage space.

When you open an account at the DAPDrive service, you will be allocated with a storage space for the hosting of your Data, for a different periods according to the package you have purchased.

Membership Packages. In order to meet your different needs, the service is offered in various pay-for membership packages with different storage space quotas and may be purchased for different time periods as listed at - HTTP://WWW.DAPDRIVE.COM/PRICING.ASP ("Membership"/"Membership Package").

Purchase and Renewal. A Membership Package may be purchased via a secured on-line purchase service (128 bit) using a credit card and subject to the applicable fee and other terms posted by SpeedBit on the DAPDrive web site. All such fees and payments posted on the DAPDrive web site (www.dapdrive.com) are exclusive of V.A.T, taxes, duties, levies, and other charges, which may be applicable to you and which SpeedBit cannot predict what they may be. You are solely responsible for determining which additional charges apply to your transactions and for covering any such applicable duties. For the avoidance of doubt SpeedBit may, at its sole discretion change the applicable fees and/or terms at any time.

At the end of each package term your Membership will be automatically renewed for an additional Membership term (identical in length to the previous Membership term) using the credit card details which you provided, during the previous purchase.

You shall be subject to the specifications, features, scope and duration of such pay-for membership packages and to additional terms and conditions applicable to the Service, which are available in conjunction with the purchase of or registration for the Service, as well as posted in other ways such as: through our website, through e-mail, through pop-up announcements ("Service Terms").

Please note that if you fail to fully exploit a Service Membership Package and/or do not use the entire quantity within the Membership period you paid for, you will NOT be entitled to recover such unused portions of the Service Membership Package, including without limitations, to: (i) carry such unused portions of the Service for an additional period; (ii) to receive refund of any fees paid under the Service Terms; or (iii) to receive any other remedy.

Registration. Upon purchase of a Membership package, you shall be required to fill in a registration form and open a user account, in order to gain access to the Service. You hereby undertake to provide Speedbit during such registration only with current, complete and accurate information as prompted by the registration form (hereinafter: "Information"). Should SpeedBit suspect that any Information you provided is untrue, inaccurate, not current or incomplete, SpeedBit has the right to suspend or terminate your usage of the Service. Your failure to comply with this provision automatically nullifies any obligation SpeedBit may have to contact you or provide you with any notice required by this Agreement or by law.

Membership expiry. In the event you choose not to renew your Membership and/or where the Membership term otherwise expire, your account will be canceled. However, the Data which you have stored under your Membership account, will be stored for additional 30 days following the expirations date of your Membership ("Phase out Period"), during which you may request Speedbit to retrieve such stored Data. Such retrieval of Data, shall be subject to payment of certain fees to Speedbit for the purchase of a bandwidth quota, required for the download of the Data.
Following the Phase Out Period, you will have no further claims regarding such Data which you stored during the term of your Membership, SpeedBit shall have no obligation to maintain and/or retrieve any such Data which you stored in your Membership account, and all such Data will be deleted.

Grant of License. SpeedBit grants you a personal, non-exclusive, nontransferable license to use the Service and/or Products, for the term of this Agreement, solely for your own internal purposes, and subject to the terms and conditions of this Agreement. All rights not expressly granted by SpeedBit to you are retained by SpeedBit.

Password and Security. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information required for your use of the Service and Products and for ensuring that you exit or log-off from your account at the end of each session of use. SpeedBit does not guarantee the security of any Data hosted and/or managed through the Service and/or Products. You are solely responsible for all the Data stored, transferred, posted, managed and received under your username and password including, but not limited to, sole responsibility for any execution of transactions initiated under your username and password and payment for purchases made under your username and password. If you lose control of your password, or you allow another person or entity to access and use the Service and\or Products using your username and password you may be subject to legally binding actions taken on your behalf and you will be solely responsible for all the consequences of actions performed through/under your account and for all the date managed in your account. Without limiting any of the foregoing, you must immediately notify SpeedBit if you become aware of any loss, theft, or unauthorized use of your password or of any other unauthorized use of any user's account information, data, or of the Services and/or the Products or any other breach of security that is known or suspected by you.

User Conduct. You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with the Service, Products, and your use thereto. In addition, without limitation, you agree not to use the Service to: (a) or in connection with sending unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (c) transmit through or post on or manage under the Service unlawful, harassing, libelous, abusive, harassing, tortious, defamatory, threatening, harmful, abusive, libelous, invasive of another's privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (d) store/transmit/post/manage any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity; (e) store/transmit/post/manage any material that contains software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots; (f) interfere with or disrupt servers or networks connected to the service or violate the regulations, policies or procedures of such networks; (g) attempt to gain unauthorized access to the service, other accounts, computer systems or networks connected to the service, through password mining or any other means; (h) harass or interfere with another user's use and enjoyment of the Service; or (i) to otherwise misuse or abuse Speedbit's system or Speedbit's system resources, including without limitations any storage space, or bandwidth.

Control of Content and Data. You, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Data stored, transmitted, posted and/or managed by you, and for any use by you or by any other third party of such Data, including all Data in your Shared folders (i.e. folders to which you have granted access to any other third party). You shall be solely responsible for the independent backup of the data stored using the Service. For the avoidance of doubt, SpeedBit shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store such Data nor for any use of such Data by you or by any other third party.
Without limiting any of the foregoing, you hereby represent and warrant that: (1) any Data You transmit, post, store and/or otherwise use or manage through the Service and Products does not and will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, moral rights; and that (2) the Data does not and will not violate any law, statute, ordinance or regulation; and that (3) the Data is not and will not be defamatory, trade libelous, pornographic or obscene.

Measures and Enforcement. Your failure to comply with any of the provisions mentioned under this User Conduct section, automatically nullifies any obligation SpeedBit may have to contact you or provide you with any notice required by this Agreement or by law. You hereby agree, that if SpeedBit believes, in its own discretion, that you directly may be connected with such activities, SpeedBit may be required to disclose such a conduct and the suspected infringing user's Data and/or Information to the proper authorities. Without limiting the foregoing, SpeedBit reserves its right to remove any Data if (a) it decides, at its sole discretion, that the Data may breach any of your obligations, representations, or warranties hereunder, (b) SpeedBit is advised of a court order requiring removal the Data or (c) any third-party claims are made relating to the Data.

Speedbit has no obligation to monitor the Data or any user's use thereof or retain the content of any user session. However, Speedbit reserves the right at all times to use various technological measures (such as: client-server procedures), and you hereby agree to Speedbit's use of such measures in order to monitor, review, retain and/or disclose your Membership account information including its Data and related Information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or in order to respond to service or technical problems or as stated in this Agreement.

Infringement of Intellectual Property Policy. SpeedBit is committed to protecting the rights of copyright right holders and seek to comply with all applicable laws and regulations regarding the protection of intellectual property. Notices related to intellectual property violations should be addressed to: bizdev@speedbit.com.
Without limiting any of the foregoing or hereunder, Speedbit will process any notices of alleged copyright infringement and will take appropriate actions required under applicable laws. Upon receipt of appropriate notices, Speedbit will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing.

Third Party's Content. While, the Service and Products enable you to store, manage and allow access to third parties' content from a computer with an Internet connection, SpeedBit does not control such third parties' content of files and information that may be transmitted, stored, posted and/or managed through the use of the Service and Products. SpeedBit does not endorse, the content of any such third Party's information or data or the Data stored under any Membership account, accessed through the use of the Service and Products, and does not warrant or guarantee that such information or Data is free of errors or viruses. SpeedBit shall not be responsible for the accuracy, completeness, legality, legitimacy or any other aspect of the Data stored and managed through the use of the Service and Products, nor to the right to store/ post/ transmit and/or manage such Data through the use of the Service and Products. The use of any third parties' content, information or Data is at your sole responsibility and SpeedBit explicitly disclaims any responsibility to the use or misuse of any such content.

Amendment of Service and Products. The Service, Products, functions, and any features, provided by SpeedBit may change from time to time. SpeedBit reserves the right to amend, discontinue and/or terminate and/or limit and/or disable and/or cancel the Service provided by SpeedBit or any part thereof at its sole discretion and without notice to you. Where a Service for which you have paid is terminated by SpeedBit during the Membership period you actually paid for, you may be entitled to a refund for the unused portion of such Membership.
Please note that newer versions of the Service or Products may include features which were previously available only through a differently priced membership package. The latest versions of the Service, Products are available at DAPDrive website - WWW.DAPDRIVE.COM.
SpeedBit reserves the right to discontinue the release and support of any version of the Products or to revise the Products so it provides different features, features in different combinations, and/or different environment configurations.

Proprietary Rights. SpeedBit, and/or SpeedBit's licensors, retain sole and exclusive ownership of all rights, title and interests in the Service and Products and all intellectual property rights relating thereto, including without limitation issued patents and pending patent applications with respect to the Service and Products and the technology related thereto. Title and related rights in the content managed through the Service and Products is the property of the applicable content owner and is protected by applicable law. This section shall survive termination and expiration of this Agreement and shall remain in full force and effect thereafter.

Term and Termination. This Agreement shall commence upon the sooner of (a) your checking of the "I have read and I accept the DAPDrive terms of service" check box; or (b) your first use of the Service and/or Product. Without limiting any of the above or the foregoing, either party may terminate this Agreement at any time by giving a written notice to the other party. SpeedBit's notice may be delivered to you either by e-mail or by posting of such termination notice on DAPDrive website - WWW.DAPDRIVE.COM. Your written termination notice should be delivered to Speedbit by e-mail to the following e-mail address: bizdev@speedbit.com.

Termination notice may be given provided that SpeedBit will not terminate a license to use a paid-for Membership package of the Service except as described in the above "Amendment of Service and Products" section or this section, and that if you are terminating a license for a Paid for Membership package you will not be entitled to a refund of any fees, except were such termination is done within a 14 day period from the date of purchase, or any other period which may be determined by applicable laws.

Without prejudice to any other rights, SpeedBit may terminate this Agreement and/or limit, revoke or block access to any Membership package or any other portion of the Service at any time, with immediate effect, and without penalty, if you fail to comply with the terms of this Agreement. Upon termination, you shall not use and/or access the Service and will destroy all copies of the Products.

Disclaimer of Warranty and Liability

WITHOUT LIMITING ANY OF THE FOREGOING, SPEEDBIT EXPRESSLY DISCLAIMS ANY WARRANTY WITH RESPECT TO THE CONTENT AND/OR DATA TRANSMITTED /STORED /POSTED AND/OR MANAGED SENT BY YOU OR ANY THIRD PARTY THROUGH THE SERVICE OR THE PRODUCTS. THE SERVICE AND PRODUCTS ARE PROVIDED "AS-IS, AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

YOU HEREBY ACKNOWLEDGE THAT SOME FUNCTIONS OF THE SERVICE OR AND/OR PRODUCTS MAY NOT BE FULLY FUNCTIONAL, OR MAY NOT FUNCTION AT ALL, DUE TO YOUR PERSONAL COMPUTER SYSTEM CONFIGURATION (E.G. IF YOU ARE USING A PLATFORM AND/OR A BROWSER WHICH ARE NOT INCLUDED IN SERVICE'S SUPPORTED PLATFORMS OR SUPPORTED BROWSERS LIST, POSTED ON THE SERVICE WEBSITE - WWW.DAPDRIVE.COM ) OR MAY BE DISABLED OR FORBIDDEN FOR USE DUE TO LEGAL REQUIREMENTS APPLICABLE IN AND/OR TO YOUR JURISDICTION.

THE ENTIRE RISK ARISING OUT OF SUCH USE OR PERFORMANCE OF THE SERVICE AND PRODUCTS IS BORNE BY YOU. THIS SERVICE AND/OR PRODUCTS ARE NOT FAULT TOLERANT AND SHOULD NOT BE USED IN ANY ENVIRONMENT WHICH REQUIRES THIS. YOU HEREBY EXPRESSLY AGREE NOT TO USE OR RELY ON THE SERVICE AND/OR PRODUCTS FOR ANY APPLICATIONS THAT MAY RESULT IN ANY DAMAGE IF FAILED OR ANY OTHER MISSION CRITICAL APPLICATIONS, OR FOR HANDLING SENSITIVE, PRIVATE, OR CONFIDENTIAL INFORMATION OF ANY SORT. THE SECURITY MECHANISMS IMPLEMENTED BY THE SERVICE AND PRODUCTS HAVE INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THE SERVICE AND PRODUCTS SUFFICIENTLY MEETS YOUR REQUIREMENTS.

SPEEDBIT DOES NOT WARRANT OR GUARANTEE THAT THE FUNCTIONS PERFORMED BY THE SERVICE AND PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT ANY INFORMATION, DATA, COMPUTER PROGRAM, CONTENT, ADVERTISEMENT AND OTHER MATERIALS RECEIVED ON OR THROUGH THE SERVICE AND/OR PRODUCTS WILL BE FREE OF ANY VIRUSES, WORMS, TROJAN HORSES OR ANY OTHER DESTRUCTIVE PROPERTIES, AND WILL NOT CONTAIN ANY OBJECTIONABLE MATERIALS OR DEEMED OBJECTIONABLE BY SOME INDIVIDUALS.

YOU HEREBY AGREE TO COMPLY WITH ALL RELEVANT EXPORT LAWS AND REGULATIONS, AND TO ENSURE THAT THE SERVICE AND/OR PRODUCTS ARE NOT EXPORTED, USED, PURCHASED IN VIOLATION OF SUCH APPLICABLE LAWS.

THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PRODUCT OR SERVICES IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

Limitation of Liability

IN NO EVENT WILL SPEEDBIT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING OUT OF THE UNAVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF THE SERVICE AND/OR PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.
WITHOUT LIMITING THE FOREGOING, YOUR SOLE REMEDY FOR ANY LIABILITY OF SPEEDBIT FOR ANY DIRECT DAMAGES SHALL BE THE RENEWAL OF THE SERVICE OR REPLACEMENT OF THE PRODUCTS. IN THE EVENT SUCH REMEDY IS NOT FEASIBLE SPEEDBIT'S LIABILITY SHALL NOT EXCEED FEES ACTUALLY PAID BY YOU FOR THE LAST MEMBERSHIP PACKAGE YOU PURCHASED.

Assignability

You may not assign, transfer, or delegate this Agreement, your duties and obligations under this Agreement, your benefits under this Agreement, or your DAPDrive account to anyone without the express written consent of SpeedBit. Upon reasonable notice to you, SpeedBit may assign or transfer this Agreement at its sole discretion.

Privacy of Children

SpeedBit's Products or Services are not directed to children under the age of 13 and do not permit registration by, and will not knowingly enable such use, or any collect or use personally identifiable Information from, anyone under 13 years of age. This requirement is clearly posted during the registration process. Without limiting the foregoing, in any case a child under the age of 13, had installed the Product or used the Service, such Product should be immediately uninstalled, and/or any use of the Service immediately be ceased, and Speedbit should be instructed to delete any information that have been submitted by the child.

Miscellaneous
(a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. (b) Except to the extent applicable law, if any, provides otherwise, this Agreement shall be governed by the laws of the State of Israel without giving effect to any principles of conflicts of laws thereof, and the eligible courts of Haifa shall have exclusive jurisdiction over all disputes between the parties; This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. (c) If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.

Date : 12 September, 2002

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