Terms of Service
Updated July 22, 2006

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

This Agreement is between WeIShare, Inc. ("WeIShare") and you ("you" or "Customer"), as an authorized user of WeIShare Services, and governs the terms and conditions of your use of WeIShare Services. This Agreement, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time by WeIShare (collectively, the "Agreement"), constitutes the entire agreement between WeIShare and you regarding WeIShare Services, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement. Notwithstanding the foregoing, your use of any software provided by WeIShare related to the Services shall be pursuant to a separate agreement governing Customers' use of such software. For purposes of this Agreement, "WeIShare Services" or "Services" are defined as any and all services provided by WeIShare to you either now or in the future. By using WeIShare Services, you confirm your acceptance of, and agree to be bound by, this Agreement.

Definition of Terms

a. WeIShare, Inc. is referred to herein as "WeIShare," "we," "us," or "our."
b. You, as the user, are referred to herein as "you," "user," "subscriber," "member," or "customer."
c. The equipment and software owned, leased, used by, or maintained for or by WeIShare are referred to herein as "the WeIShare system" or "system."
d. User files, directory structure, and file content are referred to herein as user files.
e. Information stored in and/or gathered by WeIShare's system about the user, user's files are referred to herein as "user data,” or “Data”.

Description of Service.

WeIShare is in the business of providing Internet-based virtual connections among people and groups of people and of providing storage services for content such as photos and text (“Data”) that is shared among those online communities. It is our goal to provide you with the best service possible. Our business depends upon it and WeIShare is strongly motivated to achieve success. We want you to have the best possible experience in dealing with WeIShare and using WeIShare's services.

WeIShare offers the Services at its Website www.WeIShare.com Individually, the Services are:
WeIShare standard subscription includes but is not limited to: (i) 5-10GB of online storage space (ii) sharing functionality (iii) backup functionality

Registration.

To use the Service, you must submit a complete WeIShare registration form, which is available at https://www.weishare.com/user_registration.php and https://www.weishare.com/user_registration_02.php (the "Registration Form"), on your behalf. As part of the registration process for the Service, you agree to: (1) provide certain limited information about you as prompted to do so by the Service (such information to be current, complete and accurate) and (2) maintain and update this information as required to keep it current, complete and accurate. The information requested on original signup shall be referred to as registration data ("Registration Data"). If WeIShare discovers that any of your Registration Data is inaccurate, incomplete or not current, WeIShare may terminate your right to access and receive the service immediately upon notice. WeIShare will evaluate the registration application in good faith and will notify you in a timely manner regarding acceptance or rejection. WeIShare may reject a registration application if it determines, in its sole discretion, that the user is not an appropriate subscriber or user of the Service. WeIShare reserves the right to refuse the Service to any user who has canceled any number of previous Service accounts. WeIShare need not provide a reason for its rejection. If WeIShare rejects your application, then you may reapply and WeIShare will reconsider the application. You may not register for this Service if you are under 18 years of age. By registering for this Service you represent to WeIShare, that you are 18 years of age or older. Upon acceptance of this agreement and completion of the registration process you will have opened an account with WeIShare and will become a subscriber to the WeIShare Service.

Eligibility.

In order to use the Service, you must subscribe to WeIShare.com. Minors are allowed to use the Service, if a guardian adult so allows. Without limiting the foregoing, our Service is not available persons who are suspended from our Service.

Incomplete Signup Emails.

If you begin the sign up process for WeIShare Services but fail to complete the process, WeIShare may contact you one (1) time via email in an effort to help successfully guide you through this process. You hereby authorize WeIShare to make such contact, even if you ultimately determine not to sign up for WeIShare Services.

Non-Transferable Membership.

WeIShare grants you a personal, non-exclusive, non-transferable license to use the products and software contained in or made available through the Service (the "Content") solely for your own internal purposes. All rights not expressly granted by WeIShare to you are retained.

Restrictions.

You are permitted to store, manipulate, analyze, reformat, print, and display the Content only for your personal use. Unauthorized use of the Service, or the resale of the Services without WeIShare's prior written consent, is expressly prohibited. You shall not copy, license, sell, transfer, transmit, make available, distribute, publish, or assign this license or the Content in any format to any third party.

Third-party Interaction.

In your use of the Service, you may enter into correspondence with, purchase goods and/or services, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. WeIShare shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.

Links to Third Party Sites.

WeIShare does not endorse any sites on the Internet that are linked through the Service. WeIShare is providing these links to you only as a matter of convenience, and in no event shall WeIShare be responsible for any content, products, or other materials on or available from such sites.

User Accounts.

A user account is required to access the Service and may be accessed and used only by those authorized individuals who are registered with WeIShare. To open a user account, you or your company must complete the registration process by providing WeIShare with current, complete and accurate information as prompted by the registration form. In registering for the Service, you agree to submit accurate, current and complete information about you and promptly update such information. Should WeIShare suspect that such information is untrue, inaccurate, not current or incomplete, WeIShare has the right to suspend or terminate your usage of the Service. You will choose a personal, non-transferable password.

User Responsibilities.

You are also solely responsible for any and all activities that occur under your account and ensuring that you exit or log-off from your account at the end of each session of use. You shall notify WeIShare immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. You shall also use your best efforts to stop immediately any copying or distribution of Content that is known or suspected by you. WeIShare shall not be responsible for any unauthorized access to, or alteration of, your transmissions or data, any material, information or data sent or received, regardless of whether the data is actually received by WeIShare, or any transactions entered into through the Service or failure to abide by this Agreement. DO NOT MISUSE OR ABUSE OUR SYSTEM. YOUR ACCOUNT WILL BE IMMEDIATELY TERMINATED.

Account Information and Data.

WeIShare does not own any data, information or material that you submit to the Service or store in your account ("Data"). WeIShare will not monitor, edit, or disclose any information regarding you or your account, including any Data, without your prior permission except in accordance with this Agreement. WeIShare may access your account, including its Data, to respond to service or technical problems or as stated in this Agreement. You, not WeIShare, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Data and WeIShare shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data.

Activity of Account.

If user does not access his or her account for a period of one hundred and twenty (120) days or more, WeIShare may (in its own discretion) remove and/or purge user's data and account from the system. At its own discretion, WeIShare may make at least two attempts, at least fifteen (15) days prior to deletion, to alert user of the pending deletion via his/her provided e-mail address. User agrees and acknowledges that no other notification is necessary and that e-mail provides an entirely adequate, sufficient, and complete means by which notice may be given user by WeIShare. If user does not respond to WeIShare, WeIShare will deem the account abandoned and user's data may be immediately purged from the system. WeIShare advises users to please keep their accounts and contact data current and in use or they will be purged.

While WeIShare endeavors to prevent viable accounts and data from being purged prematurely, WeIShare is under no obligation to maintain abandoned accounts. User agrees that lack of activity for one hundred and twenty (120) days or more conclusively indicates that user's account is abandoned and that all data associated with the account may be deleted and/or purged.

Payment of Fees.

WeIShare is FREE to use.

User Conduct.

You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with the Service. In addition, without limitation, you agree not to use the Service to: (a) use information from the Service 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 the Service unlawful, harassing, libelous, abusive, harassing, tortious, defamatory, threatening, harmful, abusive, libelous, invasive of another's privacy, vulgar, obscene pornographic or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (d) transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity; (e) transmit 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; or (h) harass or interfere with another user's use and enjoyment of the Service.

WeIShare has no obligation to monitor the Service and/or Content or any user's use thereof or retain the content of any user session. However, WeIShare reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

Termination.

WeIShare, in its sole discretion, may terminate your password, account or use of the Service and remove and discard any Data within the Service if you fail to comply with this Agreement. You may terminate your user account upon notice to WeIShare at any time; however, you will not receive a refund of any portion of your fees paid to WeIShare. It will be your responsibility to copy and/or remove any Data you do not want to lose prior to termination of your account. Upon termination of an account, your right to use such account and the Service immediately ceases. WeIShare shall have no obligation to maintain any Data stored in your account or to forward any Data to you or any third party.

Proprietary Rights.

Except for the licenses granted herein, you have no right, title or interest in or to the Service or any Content. You agree that WeIShare or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to the Service and Content, including, without limitation, text, images, and other multimedia data. WeIShare and/or other WeIShare products and services referenced herein are either trademarks or registered trademarks of WeIShare, Inc.

Copyrighted Material.

You agree that in no circumstances will copyrighted materials (for example, copyrighted music files) be uploaded and/or shared through the WeIShare service. WeIShare retains the right to terminate an account that contains copyrighted music or other copyrighted material that has not been legally obtained. In addition, WeIShare does not permit sharing copy-protected works including copyrighted music files.

Indemnification.

You shall indemnify and hold WeIShare and its parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with your use of the Service (including the Content) or breach of this Agreement.

Disclaimer of Warranties.

WEISHARE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. WEISHARE DOES NOT REPRESENT OR WARRANT THAT: (I) THE USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (II) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (IV) ERRORS OR DEFECTS WILL BE CORRECTED, (V) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY WEISHARE.

Limitation of Liability.

IN NO EVENT SHALL WEISHARE BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO YOUR USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, EVEN IF WEISHARE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Additional Rights.

Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.

Local Laws and Export Control.

WeIShare controls and operates this Service from its location in the United States of America and is subject to the United States Export Administration Laws and Regulations. WeIShare makes no representation that the Service is appropriate or available for use in other locations. If you use the Service from outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to United States law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor is or will be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the United States Government for such purposes. You shall comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.

Modification to Terms.

WeIShare reserves the right to change the terms and conditions of this Agreement or its policies relating to the Service at any time. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.

General.

This Agreement will be governed by Florida law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. Any disputes, actions, claims, or causes of action related to this Agreement or in connection with the Service shall be filed and heard only in Hernando County Florida. No text or information set forth on any other purchase order, preprinted form or document shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and WeIShare as a result of this agreement or use of the Service. The failure of WeIShare to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by WeIShare in writing. WeIShare has the right to assign any or all of its rights and obligations under this Agreement at any time. This Agreement comprises the entire agreement between you and WeIShare and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.