Terms and Agreement

Privacy Policy  

By requesting a password, you agree to the following:

Your Acceptance of these Terms 

Your use of this website constitutes your acceptance of the terms contained herein. You may reject these terms by leaving the website at any time. You acknowledge and agree that, by accessing or using the website or our services or by posting any content on the website, you are indicating that you have read, understand and agree to be bound by these terms, whether or not you have registered with the website. If you accept or agree to these Terms and Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and Agreement and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Eligibility 

The website is intended solely for persons who are 18 or older. Any access to or use of the website by anyone under 18 is expressly prohibited. By accessing or using the website, you represent and warrant that you are 18 or older. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.

Confidentiality

You have read, understood and agree to abide by the terms and conditions set forth herein. We provide features that allow you to share your uploaded content with others or to make it public. There are many things that users may do with their uploaded content (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share or make public. We have no responsibility for that activity. You agree to keep your password confidential and not disclose your password to any third party. You will notify us immediately of any actual or suspected loss, theft or unauthorized use of your password. You acknowledge that if you wish to protect your transmission of data or files to any portion of the website, it is your responsibility to use a secure encrypted connection. Please see the portion of our website titled “Privacy Policy,” the terms of which are incorporated herein by reference.

Copyrights and Trademarks

This website’s content is protected by U.S. and worldwide copyright and trademark laws and treaty provisions. By using this website, we do not grant you any rights to reproduce, sell or license any of the content contained herein, except that you may download or print a hard copy of the information contained herein for your personal use only. You may not reproduce or distribute the text or graphics to others or copy all or substantially all of the content to your own hard drive or server. You also may not create a link from a third party website to this website for commercial purposes without our prior written permission. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for licenses and rights expressly granted in these Terms and Agreement. We do not claim any ownership rights in or responsibilities for any content which you may upload to your private access portion of the website.

Member Content 

You represent and warrant to us that any content which you may upload to your private access portion of the website, as well as the posting, uploading, publication, submission or transmittal of such content or use of such content (or any portion thereof) on, through or by means of the website, will not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Local Legal Restrictions

 This website is not directed to any person in any jurisdiction where (by reason of that person’s nationality, residence or otherwise) the publication or availability of this website is prohibited. Persons in respect of whom such prohibitions apply must not access this website.

Accuracy of Information

Informational, operational or delivery problems related to this website could result in inaccurate information being displayed on this website. Accordingly, none of STASH, its affiliates or their respective partners, members, managers, directors, officers, employees or agents makes any warranty, express or implied, of any kind whatsoever with respect to any information contained on this website, and none of such parties shall be liable for any losses, damages, costs or expenses, of any kind and description, relating to the adequacy, accuracy or completeness of such information.

The information contained on the website is relevant as of the dates expressly stated in any document and no implication is being made that there has been no change in such information subsequent to such dates. The terms of use set forth herein replaces all terms and conditions previously applicable to this website.

General Prohibitions

You agree that you will not do any of the following:

  • Post, upload, publish, submit, provide access to or transmit any content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances.
  • Access, tamper with, or use non-public areas of the website, our computer systems, or the technical delivery systems of our providers;
  • Attempt to probe, scan, or test the vulnerability of any of our systems or networks or breach any security or authentication measures;
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the website;
  • Attempt to access or search the website or download unauthorized content from the website through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by us or other generally available third party web browsers;
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  • Use any meta tags or other hidden text or metadata utilizing a STASH trademark, logo URL or product name without our express written consent;
  • Use the website or any content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the website to send altered, deceptive or false source-identifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the website or content. 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 website or any applications used in connection with it (“Applications”);
  • Collect or store any personally identifiable information from the website or Applications from other users of the website without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual to do any of the foregoing.

We will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms and Agreement. You acknowledge that we have no obligation to monitor your access to or use of the website or content or to review or edit any content, but we have the right to do so for the purpose of operating the website, to ensure your compliance with these Terms and Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right to suspend or terminate your account for any violation of these Terms and Agreement for any reason.

Representation

You represent and warrant that you are not on the United States Department of Treasury, Office of Foreign Asset Controls list of Specially Designated National and Blocked Persons and are not otherwise a person to whom Stash is legally prohibited to provide the Services. You may not use the Services for the development, design, manufacture, production, stockpiling, or use of nuclear, chemical or biological weapons, weapons of mass destruction, or missiles, in a country listed in Country Groups D: 4 and D: 3, as set forth in Supplement No. 1 to the Part 740 of the United States Export Administration Regulations, nor may you provide administrative access to the Service to any person (including any natural person or government or private entity ) that is located in or is a national of Cuba, Iran, Libya, Sudan, North Korea or Syria or any country that is embargoed or highly restricted under United States export regulations. 

You represent and warrant to us that any content which you or a User may upload to the private access portion of the website, as well as the posting, uploading, publication, submission or transmittal of such content or use of such content (or any portion thereof) on, through or by means of the website, will not infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

This website is not directed to any person in any jurisdiction where (by reason of that person’s nationality, residence or otherwise) the publication or availability of this website is prohibited. Persons in respect of whom such prohibitions apply must not access this website.

Pricing

Credit Card Charges. You authorize a recurring monthly or annual charge, as indicated by published standard plans or a customized quote provided for your specific use, to your credit card in exchange for your account and use of our website and storage services. You also agree that the enrollment for the next service period is automatic and paid in advance. If we are unable to execute any applicable charges due to credit card denial or for any other reason, you will be notified via email. You will have opportunity to address and resolve the payment issue. In case of non-action by the user, the account may be cancelled and all stored data destroyed. The Recurring Fees set forth in the Service Order will remain fixed unless varied by Stash after thirty (30) days notice to you.

The Service is offered with a free trial. Once that trial is up, you will only be able to continue using the Service by paying in advance for additional usage. If you fail to pay for additional usage, your account will be cancelled, and all stored data destroyed.

Cancellation. You must cancel your Account before it renews each month or year in order to avoid a charge for the next month's or year's fees to your credit card. Refunds on yearly subscriptions only will be considered on a case-by-case basis if there is a technical issue that cannot be resolved by our support team. Any such refund would be issued on a pro-rated basis where each month of actual use would be billed according to monthly plan rates.

We will not issue any pro-rated refunds for the remaining period of a month when an account with a monthly subscription plan ("current plan") is cancelled. When selecting a ("new plan") (a plan that costs more per month than the current plan) during the middle of a month, the rate applicable to the new plan will automatically be charged starting the first of the subsequent month. Overages for the remaining days of a month until activation of the new plan will be charged accordingly.

Quotas. We allow for use of storage space beyond the chosen plan’s quota limit. This is designed to allow for uninterrupted backups in case the usage exceeds the quota limit. However, for usage beyond the quota limit, there may be an overuse charge. While it is not necessary, we encourage users to upgrade to one of the higher storage plans if their usage exceeds the quota limit for their chosen plan to avoid the possibility of overuse charges.

Automatic Conversion of Trial to Paid Accounts. We may offer trial accounts that require users to provide credit card information that is used to convert the trial account to a paid account at the end of free trial period. If the card transaction fails at the end of free trial period, an email may be sent to the user requesting the user to upgrade the account manually online. If the user fails to upgrade to a paid account before end of free trial, the account may be terminated.

Links

The website may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available form such websites or resources. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Disclaimers.

THE WEBSITE, APPLICATIONS, AND CONTENT ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE WEBSITE, APPLICATIONS, OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICE OR WEBSITE CONTENT OBTAINED THROUGH THE WEBSITE, APPLICATIONS OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY SITE CONTENT OBTAINED THROUGH THE SITE, APPLICATION OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE WEBSITE, SERVICES, CONTENT OR MEMBER CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Indemnity

You agree to defend, indemnify, and hold STASH, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the website, Applications, or content or your violation of these Terms. We will be entitled, at our expense, to participate in the defense and settlement of the claim or action with counsel of our own choosing. You may not settle any claims that limit our rights without our prior written consent.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE, APPLICATIONS, AND CONTENT REMAINS WITH YOU. NEITHER WE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE, APPLICATIONS, OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE, APPLICATIONS, CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE, APPLICATIONS, OR CONTENT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Miscellaneous 

The provisions of the U.N. Convention on Contracts for the International Sale of Goods and any successor treaties will not apply. You will commence any claim or cause of action arising under or otherwise occurring by reason of these Terms and Agreement within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred. These Terms and Agreement create no third party beneficiary rights. You may not assign any of your rights in these Terms and Agreement, and any such attempt is void, but we may assign our rights to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the website. We are not legal partners or agents; instead, our relationship is that of independent contractors. Our failure to insist upon or enforce strict performance of any provision or right of these Terms and Agreement will not be construed as a waiver of any provision or right. These Terms and Agreement constitute the entire and exclusive agreement between us with respect to the subject matter hereof and supersedes any and all prior and contemporaneous understandings and agreements.

We may revise these Terms and Agreement from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material we will notify you (for example via email to the email address associated with your account). Other changes may be posted to our blog or terms page, so please check those pages regularly. By continuing to access or use the website or our services after revisions become effective, you agree to be bound by the revised Terms and Agreement.