Amazon Cloud Drive Terms of Use. (ToU) (March 28 2011)

[Mario]

Here are the current Amazon Cloud Drive Terms of Use.

Amazon Cloud Drive: Terms of Use
Last Updated: March 28, 2011

PLEASE READ CAREFULLY – THIS IS A BINDING CONTRACT

These Amazon Cloud Drive Terms of Use (the "Agreement") are a binding agreement between you or, if applicable, the company or other legal entity you represent ("you") and Amazon Digital Services, Inc., which together with its affiliates (collectively, "Amazon," "we" or "us") operates the Amazon Cloud Drive online storage service (the "Service"). This Agreement incorporates by reference: the Conditions of Use and the Amazon.com Privacy Notice posted on www.amazon.com, the specific fee, storage limit and other service terms associated with any service plan you choose or that is provided to you when you use the Service ("Your Service Plan") and other policies, conditions, rules and procedures that we post and update on the Service or on Amazon.com. You accept the terms of this Agreement by clicking to confirm acceptance or by using the Service. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the legal authority to bind that company or legal entity to this Agreement. If you do not have the authority, or if you do not agree with the terms of this Agreement, you may not use the Service.

1. Use of the Cloud Drive Service

Subject to your compliance with the terms of this Agreement and your payment of any applicable Service fees, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Service solely for the purpose of storing and retrieving your personal or business files and data that you have the full right and authority to store and retrieve (all such files, "Your Files"). You agree not to use the Service in any other way, including to store, transfer or distribute files of or on behalf of third parties, for any form of file sharing, to operate your own file storage service or to resell any part of the Service. The Service is offered in the United States and we may restrict access from certain locations outside the United States. You can find information on availability here.

2. Amendments to this Agreement

The Service will evolve over time. As it does, we'll need to update the terms of this Agreement. You agree that we can update the terms of this Agreement at any time by posting changes on the Service or on Amazon.com. Unless we otherwise note at the time of posting, changes will be effective immediately upon posting, but any increase in fees will not affect the cost of Your Service Plan during its term. You accept changes either by using the Service after we post the changes on the Service or on Amazon.com or by clicking to confirm acceptance. You are responsible for checking the Service and Amazon.com for changes to this Agreement.

3. Your Amazon.com Account

To use the Service, you must have an Amazon.com account. You may only use the Service in connection with one Amazon.com account, so if you have multiple Amazon.com accounts, you'll need to choose the account you want to use for the Service. The email address and password for your Amazon.com account are all that is required for access to files you store on the Service. You are responsible for maintaining the confidentiality of your account and password and preventing their misuse and you agree to accept responsibility for all activities that occur under your account. You may not use a name, username or email address that you are not authorized to use or share your Amazon.com username and password with others for purposes of allowing others to use the Service through your account. If we suspend or terminate your use of the Service or your Amazon.com account, you may not use the Service through another Amazon.com account.

4. Service Plans

4.1. Service Plan Selection. The Service offers a variety of service plans that have different features, including storage capacity limits and fees (each a "Service Plan"). You can select Your Service Plan from among available Service Plans and you will be provided a default Service Plan as Your Service Plan if you haven't chosen a Service Plan. You can see the Service Plans currently available here.

4.2. Service Plan Fees. If Your Service Plan requires payment of fees, the price stated does not include any taxes that may apply and that we may charge. Service fees paid are non-refundable, even if you stop using the Service. If you upgrade Your Service Plan to a more expensive plan, the upgraded plan will immediately become Your Service Plan, you will be charged the additional fees, and Your Service Plan term may be extended, as described at the time you upgrade. If you downgrade Your Service Plan to a less expensive plan, unless otherwise specified, the downgrade will not take effect until the end of the term of Your Service Plan, at which time your new Service Plan will become Your Service Plan at the then current fee.

4.3. Automatic Renewal. UNLESS YOU NOTIFY US BEFORE RENEWAL THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOUR SERVICE PLAN WILL AUTOMATICALLY RENEW AT THE END OF ITS TERM FOR A NEW SERVICE PLAN, AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU) TO COLLECT THE THEN-APPLICABLE FEE AND ANY TAXES FOR THE RENEWAL PLAN, USING ANY CREDIT CARD WE HAVE ON RECORD FOR YOU. SERVICE PLAN FEES AND FEATURES WILL CHANGE FROM TIME TO TIME. Your renewal plan will be the one we choose as being closest to your current service plan. However, unless we send you notice in advance of renewal to the email address then associated with your account, your renewal plan will not have a price that is higher or a term that is longer than your service plan that has expired. You are responsible for checking the price and features applicable to the renewal of your service plan.

4.4. Promotional and Trial Offers. We may offer trial Service Plans or promotional Service Plans ("Promotional Plans") for access to the Service. Some Promotional Plans may automatically upgrade to a paid Service Plan at its regular price at the end of the promotional or trial period unless you choose not to upgrade by using the means we provide you to do so. If you sign up for a Promotional Plan THAT AUTOMATICALLY UPGRADES, UNLESS YOU choose not to upgrade, we will charge your credit card the applicable Service fee at the end of the term of the Promotional Plan. Specific terms of Promotional Plans will be provided with the plans.

5. Storing Your Files on the Service

5.1. Your Files. By using the Service with Your Files, you are directing us to store Your Files on your behalf. You are solely responsible for the content of Your Files and your use of the Service to store and retrieve Your Files. You must ensure that you have all the necessary rights in Your Files that permit you to use the Service without infringing the rights of any copyright owners, violating any applicable laws or violating the terms of any license or agreement to which you are bound. You must ensure that Your Files are free from any malware, viruses, Trojan horses, spyware, worms, or other malicious or harmful code. In transferring Your Files to and from the Service, you are responsible for complying with all applicable import, re-import, export, and re-export control laws and regulations, including the Export Administration Regulations, the International Traffic in Arms Regulations, and country-specific economic sanctions programs implemented by the Office of Foreign Assets Control. Failure to comply with these requirements may result in the immediate termination of your rights under this Agreement in accordance with Section 7.1.

5.2. Our Right to Access Your Files. You give us the right to access, retain, use and disclose your account information and Your Files: to provide you with technical support and address technical issues; to investigate compliance with the terms of this Agreement, enforce the terms of this Agreement and protect the Service and its users from fraud or security threats; or as we determine is necessary to provide the Service or comply with applicable law.

5.3. Security. We do not guarantee that Your Files will not be subject to misappropriation, loss or damage and we will not be liable if they are. You're responsible for maintaining appropriate security, protection and backup of Your Files.

5.4. Limits, Changes and Cancellation. Service Plans are subject to storage capacity limits. If you exceed your storage limit, restrictions will be placed on your use of the Service until you either remove enough of Your Files to come within your storage limit or upgrade Your Service Plan to a plan with enough storage capacity. We reserve the right to impose other limits on use of the Service. We may also restrict your access to the Service if we determine that your use of the Service violates this Agreement or substantially exceeds normal use by other users. Improper or excessive use may also result in termination of your use of the Service. We may change the Service, or any part of it, or end the Service, or any part of it, either temporarily or permanently, at any time, with or without prior notice to you. We will not be liable for any damage or loss (including any loss of data or profits) or any other consequences that you may incur as a result of any restrictions on your use of the Service or your inability to access and use the Service.

5.5. Access Fees and Charges. You are responsible for any internet access charges or mobile data fees and other third-party charges you may incur (for example, fees that may be charged by your internet service provider or wireless carrier) in connection with your use of the Service, your access to Your Files using the Service and transfer of Your Files to and from the Service.

6. Software

6.1. Use of the Software. We may make available to you, from time to time, software for your use in connection with the Service (collectively, the "Software"). Unless and to the extent specifically provided otherwise in the Software or related documentation (including any Readme file), you may use the Software only in connection with the Service and you may not (a) separate any individual component of the Software for use other than in connection with the Service, (b) incorporate any portion of it into your own programs or compile any portion of it in combination with your own programs, (c) transfer it for use with another service, (d) use it, or any portion of it, over a network, (e) sell, rent, lease, lend, loan, distribute or sub-license the Software or otherwise assign any rights to the Software in whole or in part, or (f) modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Software, whether in whole or in part, or create any derivative works from or of the Software. We may discontinue some or all of any Software at any time. We may also terminate your right to use any Software at any time and in such event may modify it to make it inoperable or take other actions as needed to restrict access to or availability of the Software.

6.2. Updates. In order to keep your Software up-to-date, we may automatically provide you with updates/upgrades to the Software.

6.3. Export Regulations; Government End Users. You agree to comply with all export and re-export restrictions and regulations and to not transfer, or encourage, assist, or authorize the transfer of the Software to a prohibited country, or otherwise in violation of any applicable restrictions or regulations. If you are a U.S. Government end user, we are licensing the Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Software are the same as the rights we grant to all others under this Agreement.

6.4. Information Provided. The Service and the Software may provide Amazon with information relating to your use and performance of the Service and the Software, as well as information regarding the devices on which you download and use the Software and the Service. For example, this information may include the device type, mobile network connectivity, location of the device, information about when the Software is launched, individual session lengths for use of the Service, or occurrences of technical errors. Any information we receive is subject to the Amazon.com privacy notice located at www.amazon.com/privacy.

7. Suspension and Termination of Your Service

7.1. Termination. Your rights under this Agreement will automatically terminate without notice from us if you fail to comply with its terms. We may suspend or terminate your use of the Service at our discretion without notice at any time. You have no right to use the Service during a suspension or following a termination.

7.2. Refund of Fees. If we suspend your use of the service for more than thirty consecutive days or terminate your use of the Service, you will be entitled, as your sole remedy, to a refund of a portion of any Service fees you have paid under Your Service Plan, prorated according to the time period remaining on Your Service Plan. However, you will not receive any refund of fees if we suspend your use of the service for less than thirty consecutive days, or if we determine, at our discretion, that you have engaged in conduct that violates this Agreement or otherwise involves fraud or misuse of the Service or harms our interests or those of another user of the Service.

8. General

8.1. Severability of Terms. If any provision of this Agreement (including any amendment) is found invalid, void, or for any reason unenforceable, that provision is severable and does not affect the validity and enforceability of any remaining provisions.

8.2. Damages Cap. We provide the Service subject to the Disclaimer of Warranties and Limitation of Liability in the Amazon.com Conditions of Use.

8.3. Reservation of Rights; Waiver. We retain all right, title and interest in the Service and the Software. You do not acquire any ownership rights in the Software, even Software we make available for download. Our failure to insist upon or enforce your strict compliance with this Agreement will not constitute a waiver of any of our rights.

8.4. Contact Information; Copyright Notices. For communications concerning the Terms of Use, please write to Amazon.com, Attn: Legal Department, P.O. Box 81226, Seattle, WA 98108-1226. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow the Notice and Procedure for Making Claims of Copyright Infringement specified in the Amazon.com Conditions of Use.