Last Update: 02 Nov 2010
Artray Ltd. provides services via FileTank, which are subject to the following Agreement. By accessing and using FileTank you agree to be bound and observe the terms and conditions (TAC) according to this Agreement. The Terms and Conditions can be modified by Artray Ltd., without limitation in time and conditions. Any changes of the TAC will be communicated to you through FileTank homepage and notified to you via email. By using the services you automatically agree with all modifications.
By registering to FileTank you warrant that you (further to be referred as "the customer"), are acquainted with the current Terms and Conditions and have the legal capacity and are bound by its terms and provisions.
2.1. FileTank is a subscription based web application, which serves for storage and transfer of data. The main goal of FileTank is provision of convenient and timely transmission of data, with volume which makes it difficult or even impossible to be transmitted via the conventional web based tools for transfer of information.
2.2. FileTank is a file-sharing virtual box, in which the customer, as well as selected by him users transfer and store data. The users are divided into two categories, in terms of the access they are granted to FileTank:
2.3. Unless stated otherwise, all new features, which are related to FileTank will be subject to the current TAC.
3.1. In case of any correlation of the customer with third parties with regard to the data, in storage or transferred via FileTank, Artray Ltd. does not acknowledge any contractual or other link between itself and the said third parties. The customer alone shall be accountable for the observation and implementation of the terms and provisions of TAC.
3.2. The users, selected by the customer, as specified in art. 2.2. of the TAC, gain access to the services provided by FileTank. The customer alone shall be accountable for the observation and implementation of the terms and provisions of TAC by these users.
4.1. "Data" - all data or information, regardless of its form (video, audio files, text files, etc.), subject to storage or transfer;
4.2. "FileTank" - workspaces, organized as a virtual box, in which the data is stored, or via which it is transferred. Upon subscription, the customer gains permission to use the virtual space, and to grant access to this space to designated by him users;
4.3. "Subscription" - payment of a certain price for a certain period, which enables the customer to effectively use FileTank services.
5.1. FileTank packages are available at the following internet address: http://www.file-tank.com/prices
5.2. The services, provided by FileTank are subject to payment on monthly basis. All payments are conducted via PayPal. PayPal secures automatic renewal Subscription. When the customer's Subscription period is over, a new amount is collected automatically from his PayPal account and the Subscription is renewed. The customer may cancel his subscription at any time. If the cancelation is prior to the date when the Subscription expires for the respective month, the sums, already paid by the customer, are not subject to recovery.
5.3. Artray Ltd. reserves the right to change the prices, as well as any other features, comprising the FileTank packages, without limitation. Such changes shall be communicated to the customer via FileTank web page: http://www.file-tank.com/prices, and also notified to the customer via email. Any changes shall come into effect from the month, following the month of the notification.
6.1. Customer's account is created after fulfillment of the registration process. The registration form requires submission of accurate identification data, regarding name, current, active email address, name of the country, where the customer is located, company name and VAT/Tax ID (the last two items are submitted only if applicable). The created account may be accessed and used by the customer, who has performed the registration. With regard to security and privacy, the password used for the login process is confidential, which makes the account accessible only to the authorized person.
6.2. In case of any known or suspected unauthorized access to the customer's account, the customer must inform Artray Ltd. about the breach of security in due time in order respective measures to be taken.
6.3. Artray Ltd. does not access the customer's account, with the sole exception when technical problems occur, in order the latter to be timely fixed. Artray Ltd. does not monitor the information, stored or transferred via FileTank.
However, Artray Ltd. reserves the right to perform ad hoc monitoring, and control of the data in storage or transferred via FileTank with regard to observing requirements of law, or legal procedures. Artray Ltd. may disclose information to the authorized authorities by their request, or as a result of unveiling of any breach by the customer of the law, regulations, etc.
7.1. Artray Ltd. cannot be hold under any circumstances responsible for the data, stored or transferred via FileTank. Artray Ltd. does not own any of the information, neither performs any kind of monitoring or control of the data submitted by the customer, with the exception of the cases when ad hoc monitoring and control is performed, as stated above.
7.2. Artray Ltd. cannot under any circumstances or for any reason be held liable for any damage occurring with regard to the usage by the customer of the services provided by FileTank, including any breach of rights of third parties, while or as a consequence of the use of the services by the customer. Artray Ltd. will not accept any legal claims in connection with such damages.
7.3. The customer shall assume sole liability towards third parties, including liability for damage of any kind sustained by a third party while FileTank is being used. The customer shall discharge Artray Ltd. of all liability arising from any claim or action brought as a result of an infringement by the customer or violation of a third party's rights.
8.1. The customer agrees not to reproduce, sell, duplicate any use of or access of the services of FileTank.
8.2. The customer may not use FileTank services for unlawful purposes, or in a way which leads to infringement or violation of law.
8.3. The customer may not use FileTank services for storage or transfer of data, which may in any way lead to infringement of Intellectual property rights of a third party.
8.4. The customer must present truthful, accurate and current information in any case such information is requested during registration or in any other case while FileTank is used by the customer.
8.5. The customer and the users, as per art. 2.2. have sole access to the workspaces in the virtual box. The customer is fully responsible for the activities that occur in the virtual box. In case of breach of security and misuse of the workspaces by unauthorized third party, the customer must inform Artray Ltd. immediately after he detects such breach. Artray Ltd. will not be held responsible for any damage of the data as result of such misconduct.
8.6. The customer may not use FileTank to send spam letters, chain letters, data, which contains viruses, worms or other similar software, transmit data or information which is abusive, harassing, obscene, etc.
9.1. This Agreement terminates automatically and the customer's account, along with all the data stored in it is deleted after the period of Subscription expire, if it is not renewed within a period of one month.
Within the one-month period, the customer and the users do not have access to the data, stored on FileTank, unless the subscription is renewed meanwhile.
9.2. Artray Ltd. may terminate the Agreement with 30 days warning and delete the customer's account and all the data, stored in it, in any case the customer fails to observe any requirement of the Terms and Conditions.
9.3. Artray Ltd. may terminate the Agreement, and delete the customer's account and all the data, stored in it without giving notice in case of usage of FileTank services in a way that leads to infringement of requirements of law.
9.4. The customer may terminate his account prior to the date the Subscription expires by contacting Artray Ltd. via the support page at http://www.file-tank.com/support. Any sums, already paid by the customer, are not subject to recovery.
10.1. Artray Ltd. is the sole owner of all intellectual property rights of FileTank service, including the name, interface, text, documentation, software, etc. The customer may not reproduce, copy, modify, adapt, decompile, etc, any element of FileTank service, with the exception of the name of the subdomain, which is specified by the customer.
Artray Ltd. does not own any intellectual rights over third parties' software, which is used in FileTank design (e.g. java applet). In the event of usage of such third parties' software, the respectful Terms and conditions designed for this software are applicable.
10.2. Artray Ltd. does not acquire any intellectual property rights over the data, in storage or transferred by the customer via FileTank.