Terms and conditions

Security is the highest priority of myDisk, while the second highest priority is usability. These are the Terms and conditions of service agreement for MyDisk online services.

By signing up for a MyDisk account you agree that you have read, understand the contents of, and agree to all terms and conditions. The terms and conditions are between the user and MyDisk governing the use of MyDisk's online service. You represent and warrant that you have the legal capacity to enter into this agreement.

In this document 'Data' means software, text, images, sounds, video or other information that you store, either privately or publicly on myDisk.

MyDisk means collectively Mydisk Ltd UK filal and it's parent Mydisk Ltd.

Registration and payment
First month is for free, and allows you to try if MyDisk fulfills your needs and expectations. If you decide to continue using your account after the one month trial period, then there is a 5$ fee per year. The payment is made on one (1) year basis, in advance, and there is no refund if the service is cancelled before the end of the agreement. The account will not be automatically renewed but you will get a notice before the end of the agreement and then take the decision whether you like to use our service another year.

You must notify us about billing problems or discrepancies within 60 days after they first appear on the statement you receive from your bank or credit card company. If you don't mention problems within 60 days, you agree that you waive the right to dispute such problems or discrepancies.

You must ensure that the credit card number and other information you provide on myDisk is current and accurate and that such information is promptly updated to keep it accurate and current. If you provide any information that is inaccurate or no longer current, or if myDisk has reasonable grounds to suspect that such information is inaccurate, myDisk has the right to terminate your account and refuse all future access to or use of myDisk.

Termination
You can cancel your account under "Settings". By cancelling, all user-details and Data will be removed.
MyDisk reserves the rights to cancel your account or use of myDisk service and delete any data within myDisk service if you fail to comply with this agreement. In case of cancellation your account will be closed and your Data removed. MyDisk may change or discontinue the service at any time without further notice.

Your user account
You are responsible for maintaining the confidentiality of your password. Observe that you are also responsible for the use of your guest-account. You are also responsible for all Data and information received, transferred and stored on your account. If you suspect intruders to your account, it's your responsibility to change password and report to myDisk immediately. We will not disclose any information regarding you or your account without your prior permission. You agree that myDisk may access, preserve and disclosure your account information and Data if required by law, to enforce the agreement or respond to claims that any Data violates the rights of third-parties.

Data on your account
You have the sole responsibility for the accuracy, integrity, legal, reliability, appropriateness and copyright of all data stored on your account. MyDisk is furthermore not responsible or liable for the deletion, destruction, damage, loss or failure to store any data (We will for example not recreate files you accidentally delete or take the responsibility for that the files you have uploaded actually have been uploaded, as such failures might be caused by the client).

Monitoring
MyDisk have no duty to monitor the Data provided by you. MyDisk reserve the right to remove your Data if this agreement is not followed or if you do not comply with Swedish law, but are not responsible in failure or delay in removing such material. We are not responsible for Data made available by you on the internet.

Electronic notices
You agree that we may send any privacy, disclosure or other notices about myDisk to the Email you have registered to your account. The delivery of any notice from myDisk is considered as effective regardless of whether you read the notice when received or whether you actually receive it.

In case of lawsuit
The myDisk terms and conditions, which apply to your use of myDisks’ services, imply that you and myDisk agree to submit to the personal and exclusive jurisdiction of the courts located in Sweden. If any provision of the agreement is found invalid by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavour to give effect to the parties intentions as reflected in the provision. The other provisions of the agreement remain in full force and effect.

User responsibilities
You understand that all information and data or other materials, on your account are the sole responsibility of the user from which such content is originated. This means that you and not myDisk are responsible for all Data that you upload, or otherwise make available via myDisk.
You agree not to use the service to:
  • Submit or transmit any Data that victimizes, harasses, degrades, an individual or group of individuals on the basis of religion, gender, sexual orientation, ethnicity, age or disability.

  • Upload or transmit or otherwise make available any Data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful or racially.

  • Send unsolicited or unauthorized junk mail, spam or any form of duplicative or unsolicited messages, nor commercial or otherwise.

  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Data transmitted through the service.

  • Upload, email or transmit or otherwise make Data that you do not have the right to make available under any law or under contractual or fiduciary relationship. You may also not upload, email or transmit Data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

  • Upload, email transmit or otherwise make available any material (Data) that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs or cancelbots.

  • You may not infer with or disrupt servers or networks connected to myDisk service, or other accounts, computer systems, through password mining or any other means. You will not abuse our system resources (i.e. bandwidth). You agree that we may establish general operating practices to optimize the operation and availability of myDisk for the maximum usability of our users. We reserve the right to monitor our system to identify excessive consumption of network resources and to take actions that we deem appropriate to prevent abuses. Your consumption of MyDisk resources might be deemed excessive if it under some period of time greatly exceed the average level of use under the same time interval. In the event of such an event, we reserve the right to either freeze your account or agree on a custom pricingplan. Observe that this event is very rare and typically occur when a customer try to create traffic with bad intentions.

  • You may not collect or store personal data about other users.

Limitation of liability
You understand that MyDisk shall not be liable to you for any damages, including but not limited to, damages for loss of profit, goodwill, resulting from the use or inability to use the service. Under no circumstances should myDisk be liable to any amount exceeding the payment received for using the service.

Restrictions, no resale of service.
The resale of any of the services offered by MyDisk is prohibited. You shall not copy, distribute or assign your license to our services in any format to any third party.

Proprietary rights
You have no right, title or interest in or to myDisk service or any content. All intellectual property rights belong to myDisk, including text, images and other data. You may only use MyDisk as authorized in this agreement.

Modifications of service
MyDisk reserve the right at any time, and from time to time to modify or discontinue, temporarily or permanent, the service with or without notice. You agree that MyDisk shall not be liable to you or any third party for any modifications, suspension or discontinuation of the service.

YOU AGREE TO INDEMIFY AND HOLD myDisk, IT'S SUBSIDIARIES, AFFILIATES OR OTHER PARTNERS AND EMPLOYEES, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, COSTS, DAMAGES, LOSSES, LIABILITIES, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND COSTS) RESULTING FROM OR IN CONNECTION WITH YOUR USE OF MYDISK SERVICES. YOU RELEASE MYDISK, IT'S SUBSIDIARIES, AND AFFILIATES FROM ANY AND ALL LIABILITY REGARDING THE SERVICE.

If you violate this agreement we may take any legal and technical remedies to prevent the violation and enforce the agreement. This includes the right to, without limitation, immediate termination of your account and access to myDisk.

MyDisk reserves the right to amend the terms and conditions of this agreement at any time and shall notify you per mail when that is the case. If you continue to use the services of MyDisk after this notification, you are signifying acceptance of the new terms. You might have local laws that this contract cannot change. Remember that you use MyDisk at your sole risk and that the service is provided on an as is and as available basis.

Last updated 2008/08/16