Untitled Document
PLEASE NOTE: These product or service specific terms and conditions must always be read together with our General Terms and Conditions, which will always apply to your use of this product or service.
Store-It Service Terms
1. DEFINITIONS
Unless the context clearly indicates the contrary, any term defined in the General Terms and Conditions when used herein, shall bear the same meaning as defined in the General Terms and Conditions.
In these Store-It Terms:
1.1 “Access Product” means the approved Internet connectivity subscription product you have with MWEB;
1.2 “Customer Software” means any Software distributed to you in any manner for purposes of using the Services or any Functionality thereof;
1.3 “Folder” or “Store-It Folder” means the simulated file folder created for your use on the Store-It Server and Subscribed Devices that holds Your Files, User Files, shared Files, and other Folders, Sub-Folders or Shared Folders;
1.4 “Free Service” means the Services which provides you with a limited amount of Store-It Space as allocated by MWEB in its discretion to Customers from time to time as indicated on the Service Website;
1.5 “Functionalities” means any functions which may be incorporated into the Service from time to time, including those mentioned in clause 4.3 below;
1.6 “Paid Service” means the Services which provides Customers with increased allocated Store-It Space for a monthly Service Fee as indicated on the Service Website or Application Form;
1.7 “Service Fee” means the amount which we will charge you for the Paid Service selected by you, as indicated on the Service Website or the Application Form;
1.8 “Service Website” means https://storeit.mweb.co.za or as you are informed from time to time;
1.9 “Software” means all the Software or Programs used to provide the Store-It Services, including: (i) software that provides services or functionality on a computer acting as a server without the user thereof having to operate it; (ii) Customer Software; and (iii) Third Party Software;
1.10 “Store-It Service” or “Service(s)” means the Services, including Free and Paid Services, which MWEB renders in accordance with Customer’s selections on the Application Form or indicated on the Service Website under such heading or description comprising a storage solution that enables you to access and manage Your Files stored in your Store-It Folder;
1.11 “Subscribed Device(s)” means an electronic Device, approved by MWEB and compatible for use with the Store-It Service, on which Customer Software may be distributed and which Device is subscribed by you to synchronise the content of Your Files between the Device and the Store-It Folder for purposes of the Service;
1.12 “Store-It Space” means the disk space allocated to you on the Store-It Server and used for the purposes of storing your Files;
1.13 “Store-It Server(s)” means the MWEB server(s) in the Store-it environment, used to supply the Services to you, including any hardware, and/or software loaded by us on such servers that controls basic, low-level server hardware operations and file management, but excludes any software, application and/or component distributed to you or downloaded by you for use on your Subscribed Device or other Equipment;
1.14 “Third Party Software” means Software Components and/or Computer Programs or any part thereof, initially developed by third parties and used or modified for use in this Service and licensed under the terms of General Public License Version 2 (GPL) and distributed to you;
1.15 “User Files” or “Your Files” (collectively, the “Files”) means the Files, sub-files, data, applications, content and information, or part thereof, contained in the Files, or your Store-It Folder, that you or other users store, upload, download, share and/or access through the Services, on the Store-It Servers and Subscribed Devices.
2. PAYMENT
2.1 This Agreement will run on a month to month basis and if you exercise the option to increase the Store-It Space and convert the Store-It Free Service to a Paid Service, you shall pay MWEB the Services Fees in respect of such upgrade and MWEB shall bill you monthly in advance with the Service Fees by way of debit order, on or before the 1st working day of each and every calendar month.
2.2 Upgrades shall be subject to MWEB approval which shall be communicated to you by activating the upgrades applied for.
3. REQUIREMENTS OF THE SERVICE
3.1 In order to have access and make use of the Store-It Service you must be a MWEB Access Product subscriber with Fees paid up to date. Termination of your MWEB Access Product automatically constitutes termination of this Service.
3.2 In order to subscribe a device or to make use of some Functionality which may be available from time to time you may be required to have certain standard Equipment and/or Software in place. Details of the approved devices and/or requirements will be made available on the Service Website or MWEB Website from time to time.
3.3 You must ensure that you have the applicable standard Equipment and/or approved device and/or Software before you make use of any Functionality, run/install any application or download any Software on any of your Subscribed Devices.
3.4 You are required to make use of any Functionality, run any application or download any Customer Software or updates to any of your Subscribed Devices correctly.
4. PROVISION OF THE SERVICE
4.1 The Services will provide you with a storage solution, with the allocated Store-It Space, that enables you to access your Folder including remote access through the internet with a Subscribed Device with Internet-enabled connectivity and a web browser in order to upload, download and manage Your Files.
4.2 The Services may be rolled out in phases and not all Functionalities may be available as at the Acceptance Date. MWEB reserves the right to: (i) add or amend Functionalities to the Service; and/or (ii) remove Functionalities, from time to time, but will provide you with (30) thirty days notice in the event of removal.
4.3 Functionalities may enable you: (i) to run or install Store-It on your personal Subscribed Device and download information from your Store-It Folder to any of your Subscribed Devices; and (ii) to synchronize the contents of Files between your Subscribed Device and your Store-It Folder on the Store-It Server; and (iii) to share (subject our acceptable use policy and these Terms), some or all of your Files with other authorised Store-It Users.
5. USE OF SERVICES, FILES AND CONTENT
5.1 MWEB may in its discretion, and without being under any obligation to do so, encrypt User Files, and/or maintain, and/or upgrade the Store-It Servers, which may include any patches, updates, security updates/patches of whatever nature. You authorise MWEB to implement any of the above, as and when it deems fit.
5.2 Any Folders or Files or portions thereof, made available by you through the Customer Software on your Subscribed Devices constitute part of Your Files. By using the Service you irrevocably consent that MWEB and its contractors - through the Software, Servers and Equipment used to provide the Service – may access, deliver, modify, amend and/or delete User Files on your Store-It Folder and Subscribed Devices for the sole purpose of providing to you the Services, including, without limitation, the synchronization of User Files between the Customer Software and the Store-It Server.
5.3 Your use of the Services is subject to such restrictions on the format of Files that we may allow from time to time and the allocated storage size as may be determined by us from time to time.
5.4 Once your account or the Services is cancelled, disconnected, suspended or terminated for any reason whatsoever, MWEB shall not keep copies of your Files on our Servers. MWEB reserves the right to reduce the size of your Store-It Space, should you be in breach of the terms under which this Service is provided to you.
5.5 The Store-It Folders is a storage facility and it shall be your sole responsibility to do back-ups of your Files and/or Folders. MWEB may in its discretion from time to time encrypt User Files. If you wish to protect the storage and/or transmission of User Files on our Store-It Service, it is your responsibility to encrypt such Files or use an encrypted connection to use the Services. If we lawfully disclose User Files to third parties or otherwise deal with User Files in order to provide this Service, we may decrypt any encrypted User Files for that purpose.
5.6 Once you reach the allocated Store-It Space, you may not upload any further Files or Folders to your Store-It Folder. Should you require additional Store-It Space you should upgrade to another Store-It package. MWEB does not guarantee that your will not be able to upload any File or Folder should your allocated Disk Space be reached. MWEB shall therefore be entitled to charge you the additional fee set out in the Application Form or Service Website for such excess space used.
5.7 You will be allowed to downgrade at the end of a calendar month and it is your responsibility to delete a sufficient number of Files to allow the downgrade. If you fail to do so it will constitute abuse of our Services and will be in contravention of this Agreement and our Acceptable Use Policy and MWEB may in such event suspend you account and/or the Service without notice to you and you may lose Files, Folders and content stored on the Store-It Servers.
5.8 MWEB will use reasonable endeavours to ensure that the Store-It Space is secure to prevent unauthorized access and the safekeeping of your Store-It Folder and Files. However, you are solely responsible for all activities on your Store-It Folder and account under your password or OTM when using the Service whether authorised by you or not. You will be held liable for Files and Folders uploaded to and stored on or shared on the Store-It Folders or our Servers or Subscribed Devices or to which you permit third parties to have access in using the Service. The sharing of Files and Folders and/or the download of Customer Software to Subscribed Devices is done entirely at your own risk.
5.9 Subject to limitations allowed in law, MWEB and/or third parties supplying Third Party Software will not be liable to you, or any third party, for any loss or damages of whatsoever nature, including without limitation, any direct, indirect, special, incidental, consequential or punitive damages, arising out of: (i) the loss, damage, disclosure or destruction of the Store-It Folder, Your Files or data - including those on your Subscribed Devices; (ii) unauthorised access to the Store-It Folder and/or Your Files or any dealings with your Folder or Files by other parties; (iii) your sharing of Files or downloading or use of the Customer Software; (iv) any damage to your Subscribed Devices; and/or (v) any Uncontrollable Event, and you indemnify MWEB against all loss, damages, claims, liabilities of whatsoever nature as a result of any claim instituted by a third party (other than you) arising from (i) to (v) above.
6. SOFTWARE AND LICENSING
6.1 General
You may not remove any copyright or other proprietary notices contained on the Software.
6.2 Software License
6.2.1 Subject to clause 6.3 below MWEB grants you a limited, non-exclusive, non-transferable, revocable license to use the Store-It Services and Software (and not transfer of title) subject to the restrictions set forth in these Terms.
6.2.2 The Software or any part thereof (excluding Third Party Software which is subject to the Terms in clause 6.3.5 below) may:
(i) not be distributed, copied, modified or altered in any way;
(ii) not be reverse engineered, decompiled, or disassembled.
6.3 Third Party Software License
6.3.1 In order to render the Services MWEB uses various Software Components and Software Programs. Some of these Software Components and Software Programs were developed by third parties and is licensed under the terms of General Public License Version 2 (herein referred as “GPL”).
6.3.2 If we distribute Third Party Software or any part of it or any work derived from it to you, such Software is not subject to our standard License provisions in clause 6.2 above but subject to the GPL terms in clause 6.3.5 below. By using such Third Party Software and/or upon running of or downloading or installing any such Third Party Software on your Subscribed Devices you agree to the GPL terms below.
6.3.3 Activities relating to the Store-It Service other than copying, distribution and modification of the Third Party Software are not covered by the GPL and is subject to all our Terms.
6.3.4 For at least three (3) years from the date of distribution of the Third Party Software, we will give to anyone who contacts us, for a charge of no more than our cost of physically performing source code distribution, a complete machine readable copy of the complete corresponding source code for the version of the Third Party Software that we distributed to you.
6.3.5. GPL License
This GPL License pertains only to any Third Party Software distributed in order to provide the Services and any reference to program or software in this clause refers to Third Party Software. The GPL License conditions imposed by the copyright holder of the Third Party Software read as follows:
“This program is free software; you can redistribute it and/or modify it under the terms of the GNU General Public License as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version. This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU General Public License below.
GNU GENERAL PUBLIC LICENSE
Version 2, June 1991
Copyright (C) 1989, 1991 Free Software Foundation, Inc. 51 Franklin Street, Fifth Floor, Boston, MA 02110-1301, USA
Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.
Preamble
The licenses for most software are designed to take away your freedom to share and change it. By contrast, the GNU General Public License is intended to guarantee your freedom to share and change free software--to make sure the software is free for all its users. This General Public License applies to most of the Free Software Foundation's software and to any other program whose authors commit to using it. (Some other Free Software Foundation software is covered by the GNU Lesser General Public License instead.) You can apply it to your programs, too.
When we speak of free software, we are referring to freedom, not price. Our General Public Licenses are designed to make sure that you have the freedom to distribute copies of free software (and charge for this service if you wish), that you receive source code or can get it if you want it, that you can change the software or use pieces of it in new free programs; and that you know you can do these things.
To protect your rights, we need to make restrictions that forbid anyone to deny you these rights or to ask you to surrender the rights. These restrictions translate to certain responsibilities for you if you distribute copies of the software, or if you modify it.
For example, if you distribute copies of such a program, whether gratis or for a fee, you must give the recipients all the rights that you have. You must make sure that they, too, receive or can get the source code. And you must show them these terms so they know their rights.
We protect your rights with two steps: (1) copyright the software, and (2) offer you this license which gives you legal permission to copy, distribute and/or modify the software.
Also, for each author's protection and ours, we want to make certain that everyone understands that there is no warranty for this free software. If the software is modified by someone else and passed on, we want its recipients to know that what they have is not the original, so that any problems introduced by others will not reflect on the original authors' reputations.
Finally, any free program is threatened constantly by software patents. We wish to avoid the danger that redistributors of a free program will individually obtain patent licenses, in effect making the program proprietary. To prevent this, we have made it clear that any patent must be licensed for everyone's free use or not licensed at all.
The precise terms and conditions for copying, distribution and modification follow.
TERMS AND CONDITIONS FOR COPYING, DISTRIBUTION AND MODIFICATION
0. This License applies to any program or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this General Public License. The "Program", below, refers to any such program or work, and a "work based on the Program" means either the Program or any derivative work under copyright law: that is to say, a work containing the Program or a portion of it, either verbatim or with modifications and/or translated into another language. (Hereinafter, translation is included without limitation in the term "modification".) Each licensee is addressed as "you".
Activities other than copying, distribution and modification are not covered by this License; they are outside its scope. The act of running the Program is not restricted, and the output from the Program is covered only if its contents constitute a work based on the Program (independent of having been made by running the Program). Whether that is true depends on what the Program does.
1. You may copy and distribute verbatim copies of the Program's source code as you receive it, in any medium, provided that you conspicuously and appropriately publish on each copy an appropriate copyright notice and disclaimer of warranty; keep intact all the notices that refer to this License and to the absence of any warranty; and give any other recipients of the Program a copy of this License along with the Program.
You may charge a fee for the physical act of transferring a copy, and you may at your option offer warranty protection in exchange for a fee.
2. You may modify your copy or copies of the Program or any portion of it, thus forming a work based on the Program, and copy and distribute such modifications or work under the terms of Section 1 above, provided that you also meet all of these conditions:
a) You must cause the modified files to carry prominent notices stating that you changed the files and the date of any change.
b) You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License.
c) If the modified program normally reads commands interactively when run, you must cause it, when started running for such interactive use in the most ordinary way, to print or display an announcement including an appropriate copyright notice and a notice that there is no warranty (or else, saying that you provide a warranty) and that users may redistribute the program under these conditions, and telling the user how to view a copy of this License. (Exception: if the Program itself is interactive but does not normally print such an announcement, your work based on the Program is not required to print an announcement.)
These requirements apply to the modified work as a whole. If identifiable sections of that work are not derived from the Program, and can be reasonably considered independent and separate works in themselves, then this License, and its terms, do not apply to those sections when you distribute them as separate works. But when you distribute the same sections as part of a whole which is a work based on the Program, the distribution of the whole must be on the terms of this License, whose permissions for other licensees extend to the entire whole, and thus to each and every part regardless of who wrote it.
Thus, it is not the intent of this section to claim rights or contest your rights to work written entirely by you; rather, the intent is to exercise the right to control the distribution of derivative or collective works based on the Program.
In addition, mere aggregation of another work not based on the Program with the Program (or with a work based on the Program) on a volume of a storage or distribution medium does not bring the other work under the scope of this License.
3. You may copy and distribute the Program (or a work based on it, under Section 2) in object code or executable form under the terms of Sections 1 and 2 above provided that you also do one of the following:
a) Accompany it with the complete corresponding machine-readable source code, which must be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
b) Accompany it with a written offer, valid for at least three years, to give any third party, for a charge no more than your cost of physically performing source distribution, a complete machine-readable copy of the corresponding source code, to be distributed under the terms of Sections 1 and 2 above on a medium customarily used for software interchange; or,
c) Accompany it with the information you received as to the offer to distribute corresponding source code. (This alternative is allowed only for noncommercial distribution and only if you received the program in object code or executable form with such an offer, in accord with Subsection b above.)
The source code for a work means the preferred form of the work for making modifications to it. For an executable work, complete source code means all the source code for all modules it contains, plus any associated interface definition files, plus the scripts used to control compilation and installation of the executable. However, as a special exception, the source code distributed need not include anything that is normally distributed (in either source or binary form) with the major components (compiler, kernel, and so on) of the operating system on which the executable runs, unless that component itself accompanies the executable.
If distribution of executable or object code is made by offering access to copy from a designated place, then offering equivalent access to copy the source code from the same place counts as distribution of the source code, even though third parties are not compelled to copy the source along with the object code.
4. You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License. Any attempt otherwise to copy, modify, sublicense or distribute the Program is void, and will automatically terminate your rights under this License. However, parties who have received copies, or rights, from you under this License will not have their licenses terminated so long as such parties remain in full compliance.
5. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to modify or distribute the Program or its derivative works. These actions are prohibited by law if you do not accept this License. Therefore, by modifying or distributing the Program (or any work based on the Program), you indicate your acceptance of this License to do so, and all its terms and conditions for copying, distributing or modifying the Program or works based on it.
6. Each time you redistribute the Program (or any work based on the Program), the recipient automatically receives a license from the original licensor to copy, distribute or modify the Program subject to these terms and conditions. You may not impose any further restrictions on the recipients' exercise of the rights granted herein. You are not responsible for enforcing compliance by third parties to this License.
7. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of this License, they do not excuse you from the conditions of this License. If you cannot distribute so as to satisfy simultaneously your obligations under this License and any other pertinent obligations, then as a consequence you may not distribute the Program at all. For example, if a patent license would not permit royalty-free redistribution of the Program by all those who receive copies directly or indirectly through you, then the only way you could satisfy both it and this License would be to refrain entirely from distribution of the Program.
If any portion of this section is held invalid or unenforceable under any particular circumstance, the balance of the section is intended to apply and the section as a whole is intended to apply in other circumstances.
It is not the purpose of this section to induce you to infringe any patents or other property right claims or to contest validity of any such claims; this section has the sole purpose of protecting the integrity of the free software distribution system, which is implemented by public license practices. Many people have made generous contributions to the wide range of software distributed through that system in reliance on consistent application of that system; it is up to the author/donor to decide if he or she is willing to distribute software through any other system and a licensee cannot impose that choice.
This section is intended to make thoroughly clear what is believed to be a consequence of the rest of this License.
8. If the distribution and/or use of the Program is restricted in certain countries either by patents or by copyrighted interfaces, the original copyright holder who places the Program under this License may add an explicit geographical distribution limitation excluding those countries, so that distribution is permitted only in or among countries not thus excluded. In such case, this License incorporates the limitation as if written in the body of this License.
9. The Free Software Foundation may publish revised and/or new versions of the General Public License from time to time. Such new versions will be similar in spirit to the present version, but may differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the Program specifies a version number of this License which applies to it and "any later version", you have the option of following the terms and conditions either of that version or of any later version published by the Free Software Foundation. If the Program does not specify a version number of this License, you may choose any version ever published by the Free Software Foundation.
10. If you wish to incorporate parts of the Program into other free programs whose distribution conditions are different, write to the author to ask for permission. For software which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the free status of all derivatives of our free software and of promoting the sharing and reuse of software generally.
NO WARRANTY
11. BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
12. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.”