Terms and Conditions of Service
Last Modified: May 2, 2014
Thank you for using Long Access! These Terms of service (the “Terms”) govern your access to and use of Long Access (“we” or “our”) websites and services (the “Services”), so please read them carefully before using the Services.
By using the Services you agree to be bound by these Terms. 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. In that case, “you” and “your” will refer to that organization.
You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with Long Access and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features.
Your Archives & Your Privacy
By using our Services you provide us with information, files, and folders that you submit to Long Access (together, “Your Archives”). You retain full ownership of the content of Your Archives. We do not claim any ownership to such content. These Terms do not grant us any rights to the content of Your Archives or intellectual property, except for the limited rights that are needed to run the Services, as explained below.
In providing the Services we shall not require any permission from you regarding Your Archives. This includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe. By signing these Terms of Service You give us the permissions we need to proceed to all technical tasks required to provide the Services. This permission also extends to trusted third parties we work with to provide the Services, for example Amazon, which provides our storage space; however, such permission is extended only for the provision of the Services.
To be clear, aside from the rare exceptions we identify in our Privacy Policy, no matter how the Services change, we shall not share your content with others, including law enforcement, with the exception of an Archive Certificate holder for Your Archives, for any purpose unless you direct us to. How we collect and use your information generally is also explained in our Privacy Policy.
You are solely responsible for your conduct, the content of Your Archives, and your communications with others while using the Services. For example, it is your responsibility to ensure that you have the rights or permission needed to comply with these Terms as an Archive Certificate holder.
The only content of Your Archives that we may view is metadata such as the following: the Archive ID, the email address stated upon uploading Archives, the date and time of such upload, the checksum and the indication of AES-256-CTR encryption. You acknowledge that Long Access has no obligation to monitor any information on the Services. We are not responsible for the legality of Your Archives or the content thereof or any other information you may be able to access using the Services.
Please consider carefully sharing or making your Archive Certificate public. Long Access has no responsibility for that activity. We urge you to keep any and all copies of Archive Certificates safe. In case an Archive Certificate and/or the content thereof is stolen, the culprit shall be able to access any and all files stored in the corresponding Archive. We may automatically limit your downloads for a short period of time, in cases of uncommonly large amounts of traffic. Our service is not intended to be used for public file sharing.
Your Obligations and Responsibilities
Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not Long Access, will be fully 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 Services.
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.
Our responsibility
Long Access will store Your Archives in the Long Access Storage Space you purchased and uploaded them to for the duration of thirty (30) years and will keep Your Archives safe therein from any loss or corruption. Your Archives are identified by their Archive ID, size stated in bytes and checksum indicated on each Archive Certificate. You or anyone with an Archive Certificate may, at any time during the thirty year period of any of Your Archives, retrieve Your Archives by sending us the Archive ID indicated on the corresponding Archive Certificate. From the moment you request the retrieval of Your Archives from Long Access, it may take up to four (4) hours until Long Access emails you a link that enables you to download Your Archives.
If such Archive Certificate is lost and no copy thereto exists, then it is impossible for Long Access to retrieve Your Archives in question. The reason is that the key to decrypting Your Archives is on the corresponding Archive Certificate. That is why we urge you to keep (hard) copies of Archive Certificates in a safe place.
Account Security
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 Long Access of any unauthorized use of your account.
Software and Updates
Some use of our Service may require you to download a client software package (“Software”). Long Access hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services under open source licenses. 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. 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 reverse engineer or decompile 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.
Other Content
The Services may contain links to third-party websites or resources. Long Access 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.
Long Access Property and Feedback
These Terms do not grant you any right, title, or interest in the Services, Software, or the content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you. The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both the European Union and the applicable laws of its member states. These Terms do not grant you any rights to use the Long Access trademarks, logos, domain names, or other brand features.
Acceptable Use Policy
You will not, and will not attempt to, misuse the Services, and will use the Services only in a manner consistent with the Acceptable Use Policy.
Copyright
Long Access 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 your notices to the following address:
LONG ACCESS
36 Athinas St, 10551,
Athens, Greece
P: +30 210 3210163
[email protected]
Termination
Though we would prefer you stayed, you can stop using our Services at any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, 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 let you know in advance and retrieve your data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately.
Long Access is Available “AS-IS”
Though we want to provide a great service, there are certain things about the service we cannot 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. Long Access 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.
Limitation of Liability
You are responsible for maintaining and protecting all of your Archive Certificates.
Long Access will be liable for any loss or corruption of Your Archives, or for any costs or expenses associated with backing up or restoring any of Your Archives for an amount per Archive not greater than the amounts paid by you to Long Access for the services in question.
To the fullest extent permitted by law, in no event will Long Access, its affiliates, officers, employees, agents, suppliers or licensors be liable for any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether or not Long Access has been warned of the possibility of such damages, and even if a remedy fails of its essential purpose; Long Access' aggregate liability for all claims relating to the services shall not exceed the amounts paid by you to Long Access for the services in question.
Modifications
We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address stated in your account profile).
Miscellaneous Legal Terms
These Terms and the use of the services and software will be governed by the laws of the Hellenic Republic except for the conflict of laws principles thereof. All claims arising out of or relating to these Terms or the services or software must be litigated exclusively in the courts of Athens, Greece, and both parties consent to venue and personal jurisdiction there. These Terms constitute the entire and exclusive agreement between you and Long Access with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. Long Access' 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 Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. By providing access to your Archive Certificate(s) you grant your rights to access, decrypt and share the corresponding Archives to any and all persons that acquire such access. Long Access may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Long Access and you are not legal partners or agents; instead, our relationship is that of independent contractors.