Terms of Service

Last Updated Date: October 2, 2013

CloudOn Terms of Service

CloudOn’s promise to you:
  • We respect your privacy. We will go to lengths to protect it.
  • We respect your time. We will make your work easier.
  • We respect your information. We will keep it safe.
In order to make it easier to read and decipher our Terms of Service we have presented it in a simple Q&A format below. What are these Terms about? Please read carefully the following terms and conditions (“Terms”). The Terms below govern your access to and use of the Site, Application, and CloudOn Service and constitute a binding legal agreement between you and CloudOn. CloudOn, Inc. (“CloudOn” or “we”) is the provider of CloudOn, a service that provides a productivity platform available on your phone, tablet, web browser and other devices where you can access and create information, organize it, review and edit it and share it (the “CloudOn Service”). The CloudOn Service can be accessed through www.cloudon.com (the “Site”), and/or through our application for browsers and mobile devices (the “Application”). (The CloudOn Service, Site and Application are, collectively, the “Services”.) By using the Services you agree to be bound by these Terms. If you are agreeing to these Terms on behalf of an organization, you represent that you have the authority to bind that organization to these Terms. In that case, “you” and “your” will refer to that organization. Certain areas of the Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Services, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Services. How old do I need to be to use CloudOn? The Services are available for individuals aged 13 years or older. By using the Services, you represent and warrant that you are 13 or older. You will be solely responsible for acquiring and maintaining all Internet services and other hardware and software required to access and use the Services. CloudOn will not be responsible for any loss or corruption of data or any other loss or damage of any kind arising from any such hardware, software and Internet services. How do I register? As a registered user of the Services, you will establish an account on the CloudOn Service ("Account"). Don’t reveal your Account information to anyone else. You agree to immediately notify CloudOn of any unauthorized use of your Account. CloudOn will not be responsible for any losses arising out of the unauthorized use of your Account. You may register (i) directly via the Services or (ii) by logging into your account with certain online accounts you may have with third party service providers (each such account, a “Third Party Account”). If you decide to register through a Third Party Account, we will access the personal information you have provided to the Third Party Account (such as your “real” name, email address and other information you make available via the Third Party Account) from the applicable Third Party Account and use that information to create your Account. By using a Third Party Account for registration, you consent to our access to and collection of such personal information about you. You agree to provide accurate and complete information when you register with the Services and to update such information as needed to keep it accurate and complete. You may link your CloudOn account to external file storages systems provided by companies such as Dropbox, Box, SharePoint, and your personal computer, etc. (“External Storage Systems”) By granting CloudOn access to any External Storage Systems, you understand that CloudOn will access and make available to you any content that you have stored in your External Storage System so that it is available to you through the Services. Note that your relationship with providers of External Storage Systems is governed solely by your agreement(s) with those providers. Who owns my content? Your content belongs to you. CloudOn does not claim any ownership rights in any of your content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your content. However, in order for the Services to work, we need the right to access your content. By using the Services you grant CloudOn a worldwide, non-exclusive, transferable, royalty-free license, to use, view, copy, adapt, modify, distribute, transfer, display, transmit, and otherwise access your content solely in connection with providing the Services to you. The Services gives you the ability to share your content with others if you so chose to. But it will only be shared if you elect to share it. By sharing content through the Service, you grant CloudOn a worldwide, , non-exclusive, transferable, royalty-free license to distribute (in whole or in part), license, transfer, publicly display, publicly perform, transmit, stream, broadcast, with the right to sublicense to other users of the Services you share content with, and otherwise exploit your content. You agree that your access to any content, and your invitation to any third parties to access the content, is done at your sole risk, and CloudOn hereby disclaims any and all liability to you or any third party for any loss or liability relating to such content or access thereto in any way. You acknowledge and agree that you are solely responsible for all of the content that you make available through the Services. Accordingly, you represent and warrant that you have all rights, licenses, consents and releases that are necessary to grant to CloudOn the rights to access your content. You also represent and warranty that neither your content nor your posting, uploading, submission or transmittal of your content or CloudOn’s use of your content will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. How doess CloudOn Protect My Privacy? See CloudOn”s Privacy Policy at www.cloudon.com/privacy for information and notices concerning CloudOn’s collection and use of your personal information. What is the Acceptable Use Policy? You agree that you will use the Services in compliance with the CloudOn Acceptable Use Policy, which may be found at www.cloudon.com/acceptableuse What about Third Party Software? CloudOn may provide you with access to certain products and services made available by third parties (“Software Providers”) via the Services, including, but not limited to, programs and applications (“Third Party Software”). If you access Third Party Software via the Services, you understand and agree that you are solely responsible for your use of the Third Party Software, your compliance with the terms and conditions set forth in this Section related to your use of such Third Party Software, any breach of your obligations under such terms and conditions, and for the consequences (including loss or damages of any kind which CloudOn may suffer) of any such breach. By accessing, downloading or using any Third Party Software, you are agreeing to be bound by the following Terms. If you do not agree to be bound by these Terms, then you may not access, download or use any Third Party Software. Are there any license restrictions? Except as expressly specified herein, you may not: (a) make or distribute copies of the Third Party Software, or electronically transfer the Third Party Software outside of the Services; (b) alter, merge, modify, adapt or translate the Third Party Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Third Party Software to a human-perceivable form; (c) rent, lease, or sublicense the Third Party Software; (d) modify the Third Party Software or create derivative works based upon the Third Party Software; and (e) use the Third Party Software to develop any product having the same primary function as the Third Party Software. Ownership: The Software Providers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Third Party Software, and all copies thereof. All rights not specifically granted herein, are reserved. Exports. You agree to comply fully with all U.S. export laws and regulations to ensure that neither the Third Party Software nor any technical data related thereto nor any direct product thereof are exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. What should I know about Intellectual Property? You agree that the Services, including, but not limited to, products, graphics, user interface, editorial content, and the scripts and software used to implement the Services, contains proprietary information and material that is owned by CloudOn and/or its licensors and/or third party product or service providers, and is protected by applicable intellectual property and other laws, including but not limited to copyright laws. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services in compliance with these Terms. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted in these Terms. Feedback We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback”). You may submit Feedback by emailing us at help@cloudon.com . Can CloudOn modify the Services and these Terms? CloudOn reserves the right, at its sole discretion, to modify, suspend, remove, disable access to, impose limits on access to, discontinue or terminate any features or portions of the Services at any time. CloudOn also reserves the right to modify these Terms, at any time and without prior notice. By continuing to access or use the Services after we have posted a modification on the Site or have provided you with notice of a modification through the Application, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services. What maintenance and support does CloudOn provide? CloudOn will provide support services to you with respect to the Services via email. Please email us at help@cloudon.com if you have any problems with the Services or otherwise need assistance with the Services, and we will respond at our earliest convenience. You understand and agree that CloudOn may need to access your content to provide support in connection with the Services. CloudOn does not provide support services for any Third Party Software. What license am I being provided by CloudOn? Subject to your continued compliance with these Terms, CloudOn grants you a limited non-exclusive, non-transferable license to download and install copies of the Application and to run such copies of the Application solely for your own use. CloudOn reserves all rights in and to the Application not expressly granted to you under these Terms. Additional Terms for App Store Apps If you download the Application through or from any app store or distribution platform (like the Apple App Store or Google Play) where the Application is made available (each, an “App Provider”), then you acknowledge and agree that:
  • These Terms are concluded between you and CloudOn, and not with the App Provider, and that CloudOn (not the App Provider), is solely responsible for the Application.
  • The App Provider has no obligation to furnish any maintenance and support services with respect to the Application.
  • In the event of any failure of the Application to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the Application to you (if applicable) and, to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the Application. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of an Application to conform to any warranty will be the sole responsibility of CloudOn.
  • The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Application or your possession and use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • In the event of any third-party claim that the Application or your possession and use of that Application infringes that third party’s intellectual property rights, CloudOn will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
  • The App Provider and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the Application, and that, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the Application against you as a third party beneficiary thereof.
  • You must also comply with all applicable third-party terms of service when using the Application.
  • You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the Application nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Application you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You may not: (i) copy, modify or create derivative works based on the Application; (ii) distribute, transfer, sublicense, lease, lend or rent the Application to any third party; (iii) reverse engineer, decompile or disassemble the Application; or (iv) make the functionality of the Application available to multiple users through any means. Proprietary Rights Notices All trademarks, service marks, logos, trade names and any other proprietary designations of CloudOn used herein are trademarks or registered trademarks of CloudOn. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties. Copyright and IP Policy CloudOn respects copyright law and expects its users to do the same. It is CloudOn’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see CloudOn’s Copyright and IP Policy at http://www.cloudon.com/copyright for further information. Can these Terms be terminated by CloudOn? If you fail, or CloudOn suspects that you have failed, to comply with any of the provisions of these Terms, CloudOn, at its sole discretion, without notice to you may suspend or disable your Account or terminate these Terms. CloudOn reserves the right to revoke your access to and use of the Site, Application and CloudOn Services at any time, with or without cause. In the event CloudOn terminates these Terms for your breach, you will remain liable for all amounts due hereunder. You may cancel your Account at any time by sending an email to help@cloudon.com. Additional Terms Disclaimer of Warranties THE SERVICES 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. CloudOn 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. Because some states or jurisdictions do not allow these types of disclaimers of warranty, is may not apply to you. Liability Limitation TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL CLOUDON, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS), REGARDLESS OF LEGAL THEORY, WHETHER OR NOT CLOUDON HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL CLOUDON’S, ITS AFFILIATES’, OFFICERS’, EMPLOYEES’, AGENTS’, SUPPLIERS’ OR LICENSOR’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES BE MORE THAN THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO CLOUDON FOR THE PAST SIX MONTHS OF THE SERVICES IN QUESTION. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, CloudOn's liability will be limited to the extent permitted by law. Indemnity You agree to indemnify, defend and hold CloudOn, its directors, officers, employees, affiliates, agents, partners, contractors, and licensors harmless with respect to any claims arising out of your breach of these Terms, your content, your use of the Services, or any action taken by CloudOn as part of its investigation of a suspected violation of these Terms. Dispute Resolution You and CloudOn agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be settled by binding arbitration. You acknowledge and agree that you and CloudOn are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and CloudOn otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. Miscellaneous These Terms constitutes the entire agreement between you and CloudOn regarding the Services and governs your use of the Services superseding any prior agreements between you and CloudOn regarding the Services. If any part of these Terms is held invalid or unenforceable, that portion will 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 will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without CloudOn’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. CloudOn may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. These Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts located in the Santa Clara County, California and each of the parties hereto waives any objection to jurisdiction and venue in such courts. The failure of CloudOn to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of CloudOn.
Last Updated Date: October 2, 2013

CloudOn Privacy Policy

CloudOn, Inc. (“CloudOn” or “we”) provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of our CloudOn Service, Site and Application. This Privacy Policy applies only to information that you provide to us through our Services, Site and Application. We may update this Privacy Policy from time to time. We will notify you of any material changes by posting the new Privacy Policy on or through the Services or by posting a notice on the Site prior to the change becoming effective. We recommend that you consult this Privacy Policy regularly for any changes. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our CloudOn Terms of Service, accessible at www.cloudon.com/terms-of-services/

CloudOn has been awarded TRUSTe's Privacy Seal signifying that this Privacy Policy and practices have been reviewed by TRUSTe for compliance with TRUSTe's program requirements including transparency, accountability and choice regarding the collection and use of your personal information. The TRUSTe program does not cover information that may be collected through downloadable software. TRUSTe's mission, as an independent third party, is to accelerate online trust among consumers and organizations globally through its leading privacy trustmark and innovative trust solutions. If you have questions or complaints regarding our Privacy Policy or practices, please contact us at privacy@cloudon.com. If you are not satisfied with our response you can contact TRUSTe here .

CloudOn complies with the U.S. – E.U. Safe Harbor framework and the U.S. - Swiss Safe Harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal data from European Union member countries and Switzerland. CloudOn has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view CloudOn’s certification, please visit http://www.export.gov/safeharbor/.

As used in this Privacy Policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.

Information Collection and Use

CloudOn believes in transparently providing users, customers and clients with information on how we treat information that we receive from you. Our primary goals in collecting information are to provide and improve the Services, and any features and/or content offered therein, and to enable users to enjoy and easily navigate the Services.

Identifying or Personal Information

In the course of using the Services, you may provide us with personally identifiable information. This refers to information about you that can be used to contact or identify you (“Personal Information”).

The Personal Information we collect is described below:

Registration Information. When you register to use the Services through our Application or a Third Party Account, or contact us for more information regarding our products or services, we will collect certain Personal Information, such as your name and email address. Once you have registered for an Account we will provide you with the opportunity to connect our service with External Storage Systems that you uses. When you choose to do so, we will collect information from you, including your login credentials for your third party service in order for you to access your documents or contact lists. In some cases, the specific information that we extract may depend on the privacy settings you have with the External Storage Systems or Third Party Account. You hereby consent to our access to and collection of such Personal Information about you. You agree to provide accurate and complete registration data, and you agree to keep your registration data accurate and complete.

This Personal Information will only be used to authenticate and identify you for the use of the Services and to provide Services features that will benefit you. We may also contact you regarding the Services and any important changes made to them as may be required. In some cases, if we want to send you communications about new features to the Services, you will have the option to opt-in to such communications. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications.

We do not ask you for, access or track any location based information from your mobile device at any time using our Application or Services.

Payment Information

The following may be collected if you are required to pay for the Services: credit card information, billing information, and other related payment information. This information will only be used to process payment for the Services based on the service level you choose.

In addition to the above, we may also use Personal Information:

  • To help us develop, deliver, and improve the Services, content and advertising;
  • To provide Application updates or product announcements;
  • To send important notices from time to time, such as communications about purchases and changes to our Terms and Privacy Policy. Because this information is important to your interaction with CloudOn, you may not-opt out of receiving these communications;
  • For internal purposes such as auditing, data analysis, and research to improve the Services and customer communications; and
  • To contact you with CloudOn newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications. (See “Control of Personal Information” below.)
Non-Identifying or Non-Personal Information
    - We also collect other information that you provide as you use the Services (“Non-Identifying Information”).
  • We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) mainly to provide the Services and administer your inquiries.
  • When you download and use the Application, we may collect the following Non-Identifying Information with your permission: (i) mobile device type, device identification code and device properties; and (ii) regional geographical data.
  • Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But the same pieces of information are considered Non-Identifying Information when they are taken alone or combined only with other Non-Identifying Information (for example, your viewing preferences). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other users to attempt to provide you with a better experience, to improve the quality and value of the Services and to analyze and understand how our Site, Application and Services are used.
Cookies and Other Technologies

Like many services, we may use “cookies” and other technologies such as log files, pixel tags, and web beacons. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. First, we utilize certain technology to save your login information for future logins into the Services. Second, we use other technology to enable certain features of the Services, to better understand how you interact with the Services, and to monitor aggregate usage by CloudOn users and web traffic routing on or through the Services. If you do not want this information collected, you may cease using the Services and delete the Application.

When you access or otherwise use the Services, our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as your device’s Internet protocol (IP) addresses, information about your usage of the Services, the type of device you are using the access the Services, the time spent on various features of the Services (e.g. time spent using certain Third Party Software or features of certain Third Party Software you utilize), information you search for through the Services, access time and dates, and other statistics. We use Log Data to understand and analyze trends, to administer the Services, to learn about user behavior on or through the Services, to increase the functionality and user-friendliness of the Services, to better tailor it to our visitors’ needs, for troubleshooting purposes and to gather demographic information about our user base as a whole. CloudOn may also use this information in connection with marketing our Services.

We also use pixel tags enable us to send email messages in a format that customers can read. These pixel tags also enable us to tell whether mail has been opened. We may use this information to reduce or eliminate messages sent to customers.

Information Sharing and Disclosure

We will share your personal information with third parties only in the ways that are described in this privacy statement.

Files. We will share access to any content you make available via the Services only in accordance with the selections you make via the Services. For example, if you choose to invite a third party to access and edit your content via the Services, we will provide such third party with access to the applicable content. Accordingly, please carefully consider inviting any third party to access your content via the Services.

Compliance with Laws and Law Enforcement. CloudOn cooperates with government and law enforcement officials and private parties to enforce and comply with the law. Thus, it may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence − for CloudOn to disclose your Personal Information and Non-Identifying Information to respond to claims and legal process (including but not limited to subpoenas) and to protect the property and rights of CloudOn or a third party. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate.

Protection of our Operations and Users. We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our Terms of Service, or protect our operations or users.

Business Transfers. In the event of a reorganization, merger, or sale of assets of CloudOn, or in the event of bankruptcy, we may sell, transfer or otherwise share some or all of our assets, including any and all Personal Information we collect, to the relevant third party.

Service Providers. We may also employ third party companies and individuals to facilitate our Services, to provide the Services on our behalf, to perform Site and Application-related services (e.g., without limitation, maintenance services, database management, web analytics, and email service provider to send emails on our behalf and improvement of the Site and Application’s features) or to assist us in analyzing how our Services are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Aggregate Information and Non-Identifying Information. We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.

Tell-A-Friend

If you choose to use our referral service to tell an individual about one of our blog posts or send them a document, we will ask you for your friend’s email address. We will automatically send your friend a one-time email inviting him or her to view the post or document. CloudOn does not store this information.

Social Media Features

Our web site includes social media features, such as the Facebook Like button. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features are either hosted by a third party or hosted directly on our Site. Your interactions with these features are governed by the privacy policy of the company providing it.

Links to Other Sites

Our Site includes links to other Web sites whose privacy practices may differ from those of CloudOn. If you submit personal information to any of those sites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any web site you visit.

Public Forums

Our web site offers publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. To request removal of your personal information from our blog or community forum, contact us at help@cloudon.com. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

Security

We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

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. When we collect sensitive information such as billing information we protect it using SSL encryption. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our web site, you can contact us at help@cloudon.com.

Retention

CloudOn will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.

International Transfer

Your information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, CloudOn transfers Personal Information to the United States and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Control of Personal Information

You may review, update or correct or delete your Personal Information at any time by contacting us or logging into your Account and making the applicable changes. If you completely delete all such information, then your Account may become deactivated. If you would like us to delete your Account in our system, please contact us at privacy@cloudon.com with a request that we delete your Personal Information from our database. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes. We will respond to requests for access within 30 days.

Third Party Services

We may make our Services available to you through third party stores like Apple App Store or the Android Store. We do not exercise control over these third party websites or services. These other websites and services may place their own cookies or other files on your computer and collect data or solicit personal information from you. Other websites and services follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.

Children

This Site is not directed to persons under 13. We do not knowingly collect personal information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at privacy@cloudon.com. If we learn that we have collected the personal information of a child under 13 we will take steps to delete the information as soon as possible.

Contact Us

If you have questions or concerns about CloudOn’s Privacy Policy, please contact us at privacy@cloudon.com or via postal mail at 395 Page Mill Road, Suite 120, Palo Alto, CA 94036.

Last Updated Date: October 2, 2013

CloudOn Service Acceptable Use Policy

Unless otherwise defined in this CloudOn Acceptable Use Policy, terms used in this CloudOn Acceptable Use Policy have the same meanings as in our CloudOn Terms of Service, accessible at accessible at www.cloudon.com/terms-of-services

Usage Rules

You agree not to do any of the following while using the Site, Application or CloudOn Services:

  • Violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with the Site, Application or CloudOn Services for any reason—or to attempt or assist another person to do so;
  • Access or attempt to access an Account that you are not authorized to access;
  • Attempt to access or search the Site, Application, or CloudOn Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by CloudOn or other generally available third-party web browsers (such as Microsoft Internet Explorer or Mozilla Firefox), including but not limited to browser automation tool;
  • Attempt to probe, scan, or test the vulnerability of any CloudOn system or network or breach any security or authentication measures;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; or plant malware on CloudOn's computer system, those systems of CloudOn's providers, or otherwise use the Site, Application, or CloudOn Services to attempt to distribute malware;
  • Use the Services to create, edit, modify or share content that you do not have the right to use; or
  • Use the Services for any illegal purpose including but not limited to:
    • Subverting security within or against an organization;
    • Causing electronic or other attacks on other services;
    • Spreading viruses or other code that is intended to harm; and /or
    • Exporting content to countries outside the United States.

CloudOn will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. CloudOn may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms or this Acceptable Use Policy. You acknowledge that CloudOn has no obligation to monitor your access to or use of the Site, Application, or CloudOn Services, but has the right to do so for the purpose of operating the Site, Application and CloudOn Services, to ensure compliance with the Terms or this Acceptable Use Policy, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. CloudOn reserves the right, at any time and without prior notice, to remove or disable access to any content, for any reason or no reason, that CloudOn, at its sole discretion, it considers to be in violation of the Terms or this Acceptable Use Policy or otherwise harmful to the Site, Application or CloudOn Services.

Last Updated Date: October 2, 2013

CloudOn Service Pricing Terms & Conditions

Unless otherwise defined in these CloudOn Pricing Terms and Conditions, terms used in these CloudOn Pricing Terms and Conditions have the same meanings as in our CloudOn Terms of Service, accessible at accessible at www.cloudon.com/terms-of-services/

Free Accounts

CloudOn provides many of the features you need to be productive free of charge through its free to use Accounts (“Free Accounts”). We reserve the right to terminate any Free Account at any time, with or without notice. If a Free Account is inactive for ninety (90) days, CloudOn may delete that account without providing notice. For further information regarding CloudOn’s Free Accounts, please see the CloudOn’s Terms of Service accessible at www.cloudon.com/terms-of-services

Premium Accounts

You may increase the functionality of your Free Account by upgrading to one of our paid accounts (each, a (“Premium Account”). CloudOn accepts credit cards and will automatically charge your credit card monthly or yearly for the applicable Premium Account fees, depending upon which Premium Account you select. If CloudOn is unable to process your transaction using the credit card information provided or if the payment is otherwise suspended or delayed, CloudOn reserves the right convert your Premium Account back to a Free Account without notice. For further information regarding CloudOn’s Premium Accounts, please see the CloudOn’s Terms of Service accessible at www.cloudon.com/terms-of-services.

Payment Terms

By signing up for a CloudOn Premium Account and providing CloudOn with your payment account information, you hereby agree to the following payment terms and conditions.

Your CloudOn Premium Account will continue in effect unless and until you cancel your CloudOn Premium Account or it is otherwise terminated. In order to avoid having your credit card charged for the next month’s or next year’s Premium Account fees, you must cancel your CloudOn Premium Account before it renews each month or year in order to avoid billing of the next month's or year's fees to your credit card. CloudOn will bill the monthly or yearly fees associated with your CloudOn Premium Account plus any applicable tax to the credit card you provide to us during registration (or to a different credit card if you change your account information).

You may cancel your CloudOn Premium Account at anytime, and cancellation will be effective immediately. If you wish to cancel your CloudOn Premium Account you may do so via your "My Account" page. CloudOn Premium Accounts are prepaid and are non-refundable. CloudOn will not provide refunds or credits for partial months or years subscriptions.

Last Updated Date: September 24, 2013

CloudOn Copyright & Intellectual Property Policy

Notification of Copyright Infringement

CloudOn, Inc. ("CloudOn") respects the intellectual property rights of others and expects its users to do the same.

It is CloudOn's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, CloudOn will respond expeditiously to claims of copyright infringement committed using our website and application (collectively the "Site and Application") that are reported to CloudOn's Designated Copyright Agent, identified in the sample notice below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site and Application by completing the following DMCA Notice of Alleged Infringement and delivering it to CloudOn's Designated Copyright Agent. Upon receipt of the Notice as described below, CloudOn will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site and Application.

DMCA Notice of Alleged Infringement ("Notice")
  • Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
  • Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site and Application where such material may be found.
  • Provide your mailing address, telephone number, and, if available, email address.
  • Include both of the following statements in the body of the Notice:
    • "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
    • "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
  • Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to CloudOn's Designated Copyright Agent:

CloudOn, Inc.
DMCA Agent: Jim Routh
395 Page Mill Road, Suite 120
Palo Alto, CA 94306
Email: copyright@cloudon.com

Counter Notices

One who has posted material that allegedly infringes a copyright may send CloudOn a counter notice pursuant to Sections 512(g)(2) and 512(g)(3) of the DMCA. When CloudOn receives a counter notice, CloudOn will reinstate the material in question in not less than 10 and not more than 14 business days after CloudOn receives the counter notice unless CloudOn first receives notice from the copyright claimant that he/she has filed a legal action to restrain the allegedly infringing activity. To provide a counter notice to CloudOn, please return the following form to CloudOn's Designated Copyright Agent. Please note that if you provide a counter notice, in accordance with the CloudOn Privacy Policy located at www.cloudon.com/legal/privacy and the terms of the DMCA, the counter notice will be given to the copyright claimant.

Counter Notice
  • Identify the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
  • Provide your mailing address, telephone number, and, if available, email address.
  • Include both of the following statements in the body of the Notice:
    • "I hereby state under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled."
    • "I hereby state that I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located or, if my address is outside of the United States, for any judicial district in which CloudOn may be found, and I will accept service of process from the complaining party who notified CloudOn of the alleged infringement or an agent of such person."
  • Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to CloudOn's Designated Copyright Agent:

CloudOn, Inc.
DMCA Agent: Jim Routh
395 Page Mill Road, Suite 120
Palo Alto, CA 94306
Email: copyright@cloudon.com

Notification of Trademark Infringement

If you believe that your trademark (the "Mark") is being used on the Site and/or Application by a user in a way that constitutes trademark infringement, please provide CloudOn's Designated Copyright Agent (specified above) with the following information:

  • Your full legal name and your electronic or physical signature.
  • Information reasonably sufficient to permit CloudOn to contact you or your authorized agent, including a name, mailing address, telephone number and, if available, an email address.
  • Identification of the Mark(s) alleged to have been infringed, including (i) for registered Marks, a copy of each relevant federal trademark registration certificate or (ii) for common law or other Marks, evidence sufficient to establish your claimed rights in the Mark, including the nature of your use of the Mark, and the time period and geographic area in which the Mark has been used by you.
  • Information reasonably sufficient to permit CloudOn to identify the use being challenged.
  • Include both of the following statements in the body of the Notice:
    • "I hereby state that I have not authorized the challenged use, and I have a good- faith belief that the challenged use is not authorized by law."
    • "I hereby state under penalty of perjury that all of the information in the notification is accurate and that I am the owner of the Mark, or authorized to act on behalf of the owner of the Mark."
Upon receipt of notice as described above, CloudOn will seek to confirm the existence of the Mark on the Site and/or Application, notify the registered user who posted the content including the Mark, and take whatever action, in its sole discretion, it deems appropriate, including temporary or permanent removal of the Mark from the Site and/or Application.