PROPHEO TERMS OF SERVICE

Propheo, Inc.. ("Propheo") provides a hosting service and organization of electronic documents, emails, contacts and appointments via the Internet ("Service").
These Terms of Use of Propheo Service ("Terms") define the terms and conditions of Service. By creating a Propheo account or using Propheo Services, you ("you") agree to these Terms.

Create an account

In order to use the Service, you must create a Propheo account. You can create or open an individual account ("Solo Account ") or a paid account ("Paid Account") associated to an Association account ("Asso Account), or an account for business (" Business Account ").

When creating an account, we request registration information such as your name, email address and a password. For Asso accounts and Business accounts we ask for your billing information either during the initial registration or when you upgrade a Solo account to a Paid account. Registration information is protected by our privacy policy.

Webhosting and Confidentiality

After setting up your account, you can add, edit and delete the files you want to store and organize by our services and this, when you want. To use the Service, you grant a license to Propheo: (i) use, copy, transmit, distribute, store files that you choose to store, and (ii) copy, transmit, publish and distribute to others files that you designate, whether by public sharing or sharing features Liaison Service.

Your files are not accessible to third parties unless you choose to make them available to others via the Service. We respect the privacy and confidentiality of your files, we agree not to disclose your files to anyone, unless you ask us to do so or if a court order requires us to disclose, as provided in our policy Privacy.

Free Solo Account

Solo accounts do not have all the features offered in Asso accounts or Business accounts and are subject to the restrictions described in these Terms and implemented by Propheo. For example, you can have one free account at a time and if you do not use the account for a period of 90 days or more, your Solo account will be automatically terminated and you will receive an e-mail alert. The Solo account holder can upgrade his account to a Paid account by following the Propheo upgrading procedures.

Subscription period and Subscription fees

Subscription period. The subscription period for Asso accounts and Business accounts may be from month to month or yearly ("Subscription Period"). For Solo accounts, the Subscription Period is for the duration of your Solo account.

Subscription fees. Asso Accounts and Business accounts are subject to a fee depending on the type of account you have selected ("Subscription Fees"). If you have configured an Asso account or Business account (or a Paid account, upgraded from a free account), Propheo will charge your credit card at the current subscription rate for the type of account you have selected, plus applicable taxes. For renewals, Propheo automatically charges your credit card in the amount of the subscription then in effect for your type of account, plus applicable taxes. All payments are non-refundable. To the extent that payment mechanisms are provided by third parties, you agree that Propheo shall not assume any liability to you arising from acts or omissions of third parties. BY CREATING AN ASSO OR BUSINESS ACCOUNT, YOU AGREE TO ALLOW PROPHEO TO CHARGE YOUR CREDIT CARD DIRECTLY OR ITS PAYMENT PROCESSOR IN THE AMOUNTS DUE FOR YOUR INITIAL OR ADDITIONAL SUBSCRIPTION PERIOD UNTIL YOUR ACCOUNT IS CANCELLED, TERMINATED OR DOWNGRADED TO A FREE ACCOUNT.

Renewal and cancellation

Accounts subject to Subscription Fees will be automatically renewed for the same period of subscription, unless you cancel the account (or a Paid account downgraded to a Free account) by the end of the Subscription Period. Only the administrator can cancel an Asso account or a Business account. You can cancel your account at any time by contacting customer service. The cancellation will not be effective immediately. Note that if you cancel your account, you will not be able to use or access the Service and you will not be entitled to a tax refund.

Upgrading and downgrading an account

Upgrading an account. At any time, you can upgrade your Solo account to a Paid account or a Paid account to another type of Paid account. When you upgrade from a Paid account, we apply the unused portion of your old subscription for the cost of your new subscription and if there is money left, we will extend your initial subscription period based on the daily cost of your new subscription.

Downgrading an account. You can downgrade your Paid account to another type of Paid account with a lower level storage or a shorter subscription period, or you can go from a Paid account to a Free account. However, any downgrade will be charged to the downgraded account type until the end of the Subscription Period of your current account.


IT IS YOUR RESPONSIBILITY TO REDUCE THE AMOUNT OF DATA STORED TO MEET THE NEEDS OF YOUR NEW DOWNGRADED ACCOUNT. TO DOWNGRADE YOUR ACCOUNT, YOU MUST REDUCE THE AMOUNT OF DATA YOU HAVE STORED TO AN AMOUNT EQUAL TO OR LESS THAN THE LIMIT OF THE NEW ACCOUNT. REDUCE THE AMOUNT OF DATA STORED MAY REQUIRE THAT YOU permanently delete files from folder "Deleted Items" ACCESSIBLE FROM PROPHEO DOCUMENT EXPLORER. IF YOU DO NOT REDUCE THE AMOUNT OF DATA STORED TO MEET THE REQUIREMENTS OF THE DOWNGRADED ACCOUNT BY THE END OF THE PERIOD OF SUBSCRIPTION OF YOUR CURRENT ACCOUNT, YOU ACKNOWLEDGE THAT YOUR ACCOUNT WILL NOT DOWNGRADED OR  YOU WILL HAVE TO  PAY FOR YOUR SUBSCRIPTION FEE TYPE OF YOUR EXISTING ACCOUNT. For example, if you switch from a 60 GB Asso account to 30 GB Asso an account, you must limit the files that you store (and, if necessary, permanently delete files in your "Deleted Items") to 30 gigabytes or less. If this is not the case, we'll charge you for the 60 gigabytes Asso account.

Specific conditions for Asso and Business accounts


If you have purchased an Asso account or a Business account, the special conditions described below apply to you.

Creating a Paid account: A Paid account requires one or more persons appointed as administrator ("Admin") users. These directors are part of a group of administrators. They have the faculties to create system users and program their information such as email address, name, etc..

Managing a Paid account: Using the administrative console, an administrator can manage users' accounts, such as adding or deleting an account, make a feature available or not or change the disk space of a user.

Upgrading to a Paid account: At any time, an administrator can apply directly to Propheo to propose the upgrading of its Paid accounts. This request may be made by contacting Propheo customer service. You agree that by demanding additional functionality or increased disk space or increase the Subscription Period will be valid for all Paid accounts. Thus, the subscription rate for paid accounts created by the Administrator will be adjusted upwards depending on the requested feature.

Downgrading a Paid account: At any time, an administrator can apply direct to Propheo to propose the downgrading of Paid accounts. This request may be made by contacting Propheo customer service. You agree that the request to delete a feature or decrease the disk space or reducing the Subscription Period will be valid for all Paid accounts. Thus, the subscription rate for Paid accounts created by the Administrator will be adjusted downward depending on the requested functionality. Any downgrade is charged after the Subscription Period for the current account.

IT IS THE RESPONSIBILITY OF THE ADMIN TO ENSURE THAT THE AMOUNT OF DATA STORED BY USERS IS LESS OR EQUAL TO THE AMOUNT OF AUTHORIZED NEW DOWNGRADED ACCOUNT. REDUCING THE AMOUNT OF DATA STORED MAY REQUIRE THAT YOU REMOVE THE FINAL FILE "Deleted Items" ACCESSIBLE FROM PROPHEO DOCUMENT EXPLORER OR THAT YOU DELETE A USER ACCOUNT IN ORDER TO FREE DISK SPACE. IF YOU DO NOT REDUCE THE AMOUNT OF DATA STORED TO MEET THE NEEDS OF THE DOWNGRADED ACCOUNT BY THE END OF THE PERIOD OF YOUR SUBSCRIPTION FOR THE CURRENT ACCOUNT, YOU ACKNOWLEDGE THAT THE ACCOUNTS WILL NOT BE DOWNGRADED AND YOU MUST PAY THE PRICE FOR THE SUBSCRIPTION TYPE OF THE EXISTING ACCOUNT.

Requirements for using the Service

To use the Service, you will need a computer with Internet access. You are responsible for paying all costs for wireless and all other equipment and services of third-party providers that you use to access the Service. You understand and agree that the Service may include certain communications from Propheo, such as announcements and administrative messages, and that these communications are considered part of your subscription and you will not be able to refuse to receive them. Propheo may also send you special offers and news from, but you can opt out of receiving these communications at any time unless you have a Solo account.

Usage restrictions

Your account is for your personal use only. You can not sell accounts or any account options. You agree that you will not use the Service to distribute any advertising, promotional materials, or spam. You acknowledge and agree that Propheo reserves the right to set limits on the number and size of messages transmitted by the Service and / or size and number of files that can be made available through a public link. You agree that you will not use the Service to create, copy, store, transmit, share or distribute files, emails, images, sounds, messages or other material that is obscene (as determined at the sole discretion of Propheo) inciting racism, nudity, being malicious, fraudulent or libelous, violate or infringe the rights of third parties or expose Propheo to any liability or potential civil or criminal. Propheo reserves the right at its sole discretion, to take any action it deems necessary if you violate these Terms, including suspension or termination of your account.

Service Limitations

Propheo provides reasonable efforts to make the service available 7 days a week 24 hours a day. However, Propheo does not guarantee service availability, and has no liability to you for any unavailability of the Service, and has no obligation to provide maintenance, technical support or updates for the service except for Paid accounts. We reserve the right to suspend access to your account if your use of the Service disrupts, impedes or has a negative impact on the functioning of our Service or the use of our service by other customers.

Licensing of Service

Subject to these Terms, Propheo grants you a non-exclusive, non-transferable license when you set up a Propheo account to use the Service for your personal use. Except for the licensing of the foregoing, these Terms do not grant you any rights to patents, copyrights, trade secrets, trademarks, source code, or any other right, title or interest in this service, whose ownership is retained by Propheo and its suppliers, as appropriate.

Duration and Termination

Your right to use the Service are effective until the end of the applicable Subscription Period unless terminated earlier. These Terms will terminate immediately without notice if the refiling of a new version of these Terms  on the Propheo site, in which case the new conditions apply to you, provided, however, that this Privacy Policy does not diminish the Propheo privacy policy. Propheo will give you notice of any price increase. You agree that such increases may be charged to your credit card by Prophe unless you cancel your account or switch to a free account before the end of your subscription period. In addition, Propheo reserves the right to terminate these Terms and your account without notice and without liability to you on request by the government and / or law enforcement.

For Solo accounts, storage space and available bandwidth may be limited, modified or suspended. Propheo may terminate a Solo account Solo any time in its sole discretion, without notice or liability to you. Propheo may terminate your Account Fee (i) after the end of the current Subscription Period for any reason or no reason and without liability to you, and (ii) without cause during the Subscription Period, provided that Propheo donates a pro rata portion of subscription fees to the party that paid for the account.

Upon termination, the licenses granted to you by Propheo ceases. Propheo leave you a reasonable time to recover all your files. This time, you will not be able to access or retrieve files stored in your account. If you cancel your account, you agree that Propheo can keep your files on its server reasonable time to allow you to renew a subscription if you wish.

Warranties Disclaimer

THE SERVICE IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROPHEO EXPRESSLY DISCLAIMS ANY WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. PROPHEO DOES NOT WARRANT THAT: (I) THE USE OR THE QUALITY OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, SECURE, OR WILL MEET YOUR REQUIREMENTS OR YOUR EXPECTATIONS, (II) THE RESULTS OBTAINED THROUGH USE OF THE SERVICE IS ACCURATE OR RELIABLE, OR (iii) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. YOU HAVE KNOWLEDGE OF RISKS ARISING FROM THE USE OR PERFORMANCE OF THE SERVICE.

Responsibility Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT PROPHEO OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF CONFIDENTIAL INFORMATION OR OTHER DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, LACK OF ALL RIGHTS, AND NEGLIGENCE OR ANY OTHER PECUNIARY LOSS, WHETHER UNDER THIS AGREEMENT OR IN ANY WAY CONNECTED WITH THE USE OR INABILITY TO USE THE SERVICE, EVEN IF PROPHEO OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Compensation

You agree to indemnify, defend and hold Propheo and its officers, directors, employees, agents, licensors and suppliers harmless from all claims, liabilities, losses, expenses, damages and costs, including but not limited to reasonable counsel fees, resulting from (i) a breach or violation of these Terms by you, (ii) any activity related to access or use of your account (including but not limited to negligent or wrongful conduct) by you or any other person accessing or using your account and / or files, or (iii) the use of your data allowed to Propheo, files or other content provided by you or obtained by Propheo authorized by you in these Terms.

© 2010 Propheo, Inc..
Last updated 11/15/2010

TERMS OF WEBSITE USE

These Terms of website use ( “Visitors Conditions") apply to your use of the Propheo websitev("Site"). Propheo reserves the right to change the conditions of the Visitor and to modify and / or limit access to the Site at any time without notice. By using or accessing the Site, you agree to be bound by the most recent Guest terms.

Website Content

All content available for viewing and / or downloading in connection with the Site is owned by Propheo and / or its licensors or subscribers, if any, is protected by copyright and other laws and international treaty provisions. You may not copy, modify, publish, transmit, participate in the transfer or sale, create derivative works or exploit in any way, such content without the express written permission of Propheo and the copyright owner. You may not frame or include the site in any website or software.

Linked Websites

The Propheo site may contain links to third party sites ("Linked Sites"). These sites are not under the control of Propheo. Propheo is not responsible for the availability, content or performance of such Linked Sites. Propheo is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement of the Linked Site by Propheo or any association with its operators. You are responsible to read and accept the privacy statements and terms of use posted at the Linked Sites. You should direct any questions about these sites to the administrators of these sites.

© 2010 Propheo, Inc.
Last updated 11/15/2010