Drag & Drop.io 2.0.1

End-User License Agreement

Drag & Drop.io requires that you accept the following End-User License Agreement before installation can proceed:

By using Drop.io you agree to the following Terms of Service. Please read them carefully.

1. ACKNOWLEDGMENT AND ACCEPTANCE OF DROP.IO SERVICE TERMS OF USE

Welcome to the Drop.io Service. Drop.io is pleased to provide you access to our online communications platform (the “Site”) and our drop.io website (“Drop.io”), through which we strive to provide you the best online communications for e-mail, photos, media and other content. This Terms of Use Agreement is between you (the “User”) and Drop.io and sets forth the terms and conditions governing your use of the Site and Drop.io. This is not an agreement between the people who view User stored content and Drop.io. BY USING DROP.IO AND OUR SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT. Drop.io reserves the right to change these terms and conditions at any time. The changes will appear on this screen and are effective immediately. If you do not agree with any of the terms or conditions contained in this Agreement or with any future change to this Agreement, do not use the Site or do not continue to use the Site after such change has been implemented.

2. THE DROP.IO SERVICE

Drop.io provides you with the capability to create, manage and temporarily store online photo, video, e-mail, voice mail and other digital content (“Drops”), hosted at custom sub-domains via the World Wide Web (the “Service”). Temporary storage up to the maximums set forth on the Site at drop.io is provided without charge to User as part of the Service. Users are offered additional storage and other premium features as described on the Site in exchange for payments through our Purchase Page at drop.io/purchase. The User content stored in a Drop consists of digital images and other content provided by you

In order to use the Service, you must be able to access the World Wide Web. This may include access to a computer, modem or any other necessary equipment. Drop.io does not provide Internet access, and is not responsible for the payment of fees associated with establishing or maintaining such access. Drop.io is also not responsible for any telephone fees or charges that may be associated with calling drops.

By using the Service, you agree to abide by these Terms, as well as the terms of our Privacy Policy.

3. SECURITY OF INFORMATION

You will have the ability to create an unlimited number sub-domains on the Drop.io domain, each of which will remain active for a year from creation on the terms and conditions herein. All sub-domains remain the property of Drop.io, however you may have exclusive right to use their Drop-io personal sub-domains as long as you are not in violation of these Terms of Use, and continue to renew the registration of your personal sub-domain. If you fail to renew (or violate these Terms), your Drop.io sub-domain will be deleted, and you will lose access to your Drops. You are responsible for any and all activities that occur under any Drops that you set up. Drop.io has no access to access information, Upgrade Codes or Transaction Receipt Numbers. IF YOU LOSE YOUR TRANSACTION RECEIPT NUMBER, OR ACCESS INFORMATION TO YOUR DROPS, WE CANNOT RESTORE YOUR ACCESS.

4. DROPS

Drop.io considers the Drops that you share with the Service to be your private information and we will not generally monitor the content of Drops. Drop.io will not edit or disclose information about you or your Drops, except that you agree that Drop.io may do so in accordance with its then-current Privacy Policy or in the good faith belief that such action is reasonably necessary: (a) to comply with any laws, rules or regulations; (b) to comply with any legal process; (c) to enforce this Agreement; (d) to respond to claims that such data violates the rights of third parties; and (e) to protect the interests of Drop.io or others.

You acknowledge and agree that Drop.io may access all photos, video, data and other tools of the Service as necessary to identify or resolve technical problems or to respond to service complaints. You acknowledge and agree that certain technical processing of information is and may be required in the ordinary course of business. For example, Drop.io may utilize services of third party providers to optimize the performance and user experience with respect to the Service. In these cases we will have agreements with the third party service providers that utilizes technology to convert the content of your Drops into a proprietary formats and store some of the content of Drops on its servers until such time as you call for it, or have requested that it be deleted. Our agreement conforms with these Terms and only you will have access to your Drops.

All content stored in Drops will be accessible according to the time period you set in your preferences when you set up a Drop. YOU ACKNOWLEDGE THAT DROPS ARE INTENDED TO BE TEMPORARY STORAGE AND THAT AFTER THE INITIAL STORAGE PERIOD, DROP.IO MAY DELETE DROPS TO MAKE ROOM FOR OTHERS. IF YOU REQUIRE PERMANENT STORAGE OF CONTENT, PLEASE CREATE BACKUPS OF CONTENT BEFORE DROPPING IT AT DROP.IO.

In order to use the Service, you hereby agree to abide by the current Drop.io privacy policy, located at Privacy Policy. Such standards govern the types of Drops that you can and cannot store and share using the Service, as well as the maintenance and use of such information.

You acknowledge and agree that Drop.io is not responsible or liable for the pictures, content, and usage of your Drops. You agree not to store or share through the Service or the Site, among other items: credit card data, credit card numbers or financial or credit histories of individuals; social security numbers; sexually explicit, pornographic, harassing, abusive, harmful or obscene photos, video or information; information on an individual's health status; racist or sexist photos or video; stolen or fraudulent photos or video; photos, video or information related to illegal gambling, sweepstakes or other games of chance; information or content that infringes on the intellectual property rights of another third party; or any otherwise illegal information. If you are under the age of 13, you may not post or submit any personally identifiable information about yourself on the Site.

5. UPGRADED DROPS/PREMIUM SERVICES/NO REFUNDS

Drop.io offers certain upgrades and premium services to Users through the purchase of promotional codes (the “Drop.io Upgrade Codes”). Upgrade Codes can be used to add more functionality or larger Drop storage to your Drop sub-domain. Once Upgrade Codes are purchased, Drop.io does not retain access to your credit card (or any other) information about you. When you pay for Upgrade Codes, we will ask for your e-mail address. You will receive a single e-mail with your Upgrade Code and a transaction receipt number (the “Transaction Receipt Number”). Once the transaction is completed, we will delete e-mail addresses and will not retain any records of the Upgrade Code or Transaction Receipt Number. BECAUSE DROP.IO DOES NOT MAINTAIN A RECORD OF THE TRANSACTION AFTER THE UPGRADE CODES ARE ISSUED, YOU MUST KEEP YOUR TRANSACTION RECEIPT. IF YOU LOSE YOUR UPGRADE CODE AND RETAIN YOUR TRANSACTION RECEIPT NUMBER, WE MAY, IN OUR SOLE DISCRETION, ISSUE NEW UPGRADE CODES. THERE ARE NO REFUNDS UNDER ANY CIRCUMSTANCES.

Once you have purchased Upgrade Codes, you will be able to transfer Upgrade Codes to others, but you should keep your Transaction Receipt Number private and confidential. With the Transaction Receipt Number, unauthorized persons will be able to change your Upgrade Codes, cancel them, or use them.

6. MODIFICATION OF SERVICE

At any time, Drop.io may decide to modify, suspend, alter or terminate Service provided to you for any reason. Drop.io will make any decisions about modifications to the Service in its sole discretion, with or without notice to you. You accept and acknowledge that Drop.io reserves this right and agrees that Drop.io will not be responsible for any modification or discontinuation of the Service.

7. TERMINATION OF SERVICE

You agree that Drop.io may terminate your Drops, access to Drops, use of the Service and, in Drop.io's discretion, terminate your use of Drop.io's other services for any reason, at its sole discretion, including, without limitation, if Drop.io believes: (a) that you have violated or acted inconsistently with this Agreement; (b) that you are not in compliance with Drop.io’s Privacy Policy or (c) that you have violated the rights of Drop.io or other users or parties or (d) that your account is not in good standing with respect to the payment of fees.

You acknowledge and agree that any termination of the Service under any provision of this Agreement may be effected without prior notice, and you further acknowledge and agree that Drop.io may immediately delete and discard all information and files in your account and bar any further access to such files or the Service. In the event of any termination of a Drop or your sub-domain, Drop.io will not return any content or data stored in a Drop.

8. LIMITATION OF LIABILITY

DROP.IO WILL NOT BE LIABLE FOR ANY DAMAGES INCURRED IN CONNECTION WITH THE USE OF THE SERVICE. THIS INCLUDES ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES THAT MAY ARISE FROM THE USE OF THE SERVICE, THE FAILURE OF THE SERVICE, OR THE TERMINATION OF THE SERVICE. THIS LIMITATION OF LIABILITY WILL ALSO APPLY TO ANY LOSS OF DATA, INFORMATION OR CONTENT THROUGH FAILURE OF THE SERVICE OR INTERRUPTION OF TRANSMISSION. DROP.IO WILL NOT BE LIABLE FOR ANY HARM OR LOSS ARISING FROM UNAUTHORIZED ACCESS TO DATA, INFORMATION OR TRANSMISSION, INCLUDING, BUT NOT LIMITED TO TANGIBLE OR INTANGIBLE LOSS OF REVENUES, PROFITS, DATA OR INFORMATION.

YOU AGREE THAT DROP.IO IS NOT LIABLE FOR ANY DAMAGES ARISING FROM THE INTERRUPTION, CANCELLATION OR SUSPENSION OF THE SERVICE, REGARDLESS OF WHETHER THE FAILURE OF SERVICE IS ANNOUNCED, JUSTIFIED, INTENTIONAL, UNINTENTIONAL OR NEGLIGENT. CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO IT IS POSSIBLE THAT CERTAIN LIMITATIONS DESCRIBED ABOVE ARE NOT APPLICABLE TO YOU.

9. GENERAL DISCLAIMER

DROP.IO PROVIDES THE SERVICE "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW. DROP.IO FURTHER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. DROP.IO DOES NOT WARRANT UNINTERRUPTED OR ERROR FREE FUNCTIONS CONTAINED IN THIS SITE OR ITS CONTENT OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU UNDERSTAND AND REPRESENT THAT ALL DATA, INFORMATION OR OTHER MATERIAL SHARED BY YOU THROUGH THE SERVICE ARE THE SOLE RESPONSIBILITY OF YOU. DROP.IO IS NOT RESPONSIBLE FOR ANY LOSS OF DATA OR HARM DONE TO YOUR COMPUTER, SYSTEMS OR OTHER EQUIPMENT IN CONJUNCTION WITH USE OF THE SERVICE. YOU UNDERSTAND AND AGREE THAT USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND DISCRETION.

10. NO RESALE OF THE SERVICE. NON-COMMERCIAL USE ONLY.

Your right to use the Service is personal to you and you may not resell all or any portion of the Service. This service is intended for non-commercial use. It may be used for commercial use provided you stay within the terms of service and other usage limits, described below. You agree not to reproduce, duplicate, copy, sell, or resell the Service or your use of or access to the Service.

11. YOUR CONDUCT

You agree to abide by all Drop.io standards and applicable local, state, national and international laws and regulations in your use of the Service, and you agree not to interfere with the use and enjoyment of the Service by other users. You agree to be solely responsible for your actions and the contents of your entries through the Service. You agree not to impersonate any person or entity, including but not limited to a Drop.io official, or falsely state or otherwise misrepresent your affiliation with a person or entity.

You must be at least 13 years of age to use Drop.io.

You agree: (1) to comply with all laws regarding the transmission of technical data exported from the United States through the Service; (2) not to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (3) not to use the Service for illegal purposes; (4) not to interfere or disrupt networks connected to the Service; (5) not to use the Site or the Service for chain letters, junk mail, “spamming” solicitations (commercial or otherwise) or bulk communications of any kind and (6) to comply with all regulations, policies and procedures of networks connected to the Service. You agree not to post, promote or transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind or nature. You further agree not to transmit or post any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Drop.io may, at its sole discretion, immediately terminate your access to the Service should your conduct fail to conform to these terms and conditions.

You may NOT post or obtain any content using the Service which: Is threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under applicable law. While Drop.io does not and cannot review all content provided to it, and is not responsible for such content, Drop.io. reserves the right to delete, edit or rearrange content that it, in its sole discretion, deems abusive, defamatory, obscene or in violation of copyright or trademark laws or otherwise unacceptable. You acknowledge that any content may be removed, published, copied, modified, transmitted and displayed by Drop.io for the purposes of delivering the offered services. Drop.io will not be liable for any content provided to it, including the photographs and any content added by account holders in any Drop.

12. COPYRIGHT AGENT

If you believe that your information or any other material has been used on the Site in a manner that constitutes copyright infringement, please provide our Copyright Agent with a written notice (e-mail is sufficient) that includes the following information:

• an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;

• identification of the copyrighted work claimed to have been infringed;
• a description of where the material that you claim is infringing is located on the Site;
• your address, telephone number, and e-mail address
• a statement by you that have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf;
Our Copyright Agent for notice of claims of copyright infringement on this Site is support@dropio.com,

13. INDEMNIFICATION

You agree that Drop.io will not be held responsible for any claims, damages, demands or fees arising out of your violations of these terms and conditions, Drop.io’s privacy policy or infringements on the rights of any third parties as a result of your use of the Site or the Service. You also agree to indemnify Drop.io and its officers, directors, employees, agents, and partners for any and all claims that may arise.

14. PROPRIETARY RIGHTS TO CONTENT

You acknowledge and agree that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in sponsor advertisements or other information presented to you through the Site (“Content”) is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You are only permitted to use this Content as expressly authorized by Drop.io, and may not copy, reproduce, distribute, or create derivative works from this Content without express authorization.

15. THIRD-PARTY WEBSITES AND LINKS TO THE SITE

Drop.io does not review or monitor any websites linked from your Drops and is not responsible for the content of any such linked web sites. Your linking to such websites is at your own risk.

16. SYSTEM INTEGRITY

You shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction conducted on our Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password with any third parties or use your password for any unauthorized purpose.

The Site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein without our prior written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site.

17. GOVERNING LAW

The laws of the State of New York shall govern this Agreement and the relationship between you and Drop.io. You agree that any grievances shall be settled according the procedures and laws within this jurisdiction. You further agree that any claim, cause or action related to the Service or this Agreement must be filed within one (1) year after such claim arose.

The headings used to describe the sections of this Agreement are solely for descriptive purposes. They do not imply or refer to a specific legal description or obligation.

18. CONTACT INFORMATION

Any questions or comments can be directed to: support@dropio.com

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