Welcome to the Phoenix NAP Secured Cloud site (the “PNAP Site”). Phoenix NAP, LLC and/or its affiliates (“PNAP”) provide the Secured Cloud Site to you subject to the following terms of use (“Terms of Use”). By visiting the PNAP Secured Cloud Site, you accept the Terms of Use. Please read them carefully. In addition, when you use any current or future PNAP services, content or other materials, you also will be subject to the PNAP Customer Agreement or other agreement governing your use of our services (the “Agreement”).

PRIVACY

Please review our Privacy Policy, which also governs your visit to the PNAP Site, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you visit the PNAP Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the PNAP Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on the PNAP Site, such as text, graphics, logos, button icons, and images, digital downloads, data compilations, and software, is the property of PNAP or its content suppliers and protected by United States and international copyright PNAP. The compilation of all content on the PNAP Site is the exclusive property of PNAP and protected by U.S. and international copyright PNAP. All software used on the PNAP Site is the property of PNAP or its software suppliers and protected by United States and international copyright PNAP.

TRADEMARKS

“Phoenix NAP”, “PNAP”, “Secured Cloud”, “Secured Storage”, “ “Secured NAP”, “Securedmobile”, “Securedcdn”, “and other PNAP graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of PNAP in the U.S. and/or other countries. PNAP’s trademarks and trade dress may not be used in connection with any product or service that is not PNAP’s, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits PNAP. All other trademarks not owned by PNAP that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PNAP.

LICENSE AND SITE ACCESS

PNAP grants you a limited license to access and make personal use of the PNAP Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of PNAP. This license does not include any resale or commercial use of the PNAP Site or its contents; any derivative use of the PNAP Site or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by PNAP in a separate license, your right to use any software, data, documentation or other materials that you access or download through the PNAP Site is subject to these Terms of Use or, if you have an PNAP account, the Agreement.

The PNAP Site or any portion of the PNAP Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of PNAP. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PNAP without express written consent. You may not use any Meta tags or any other “hidden text” utilizing PNAP’s name or trademarks without the express written consent of PNAP. Any unauthorized use terminates the permission or license granted by PNAP. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the PNAP Site, so long as the link does not portray PNAP, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any PNAP logo or other proprietary graphic or trademark as part of the link without express written permission.

YOUR ACCOUNT

If you use the PNAP Site, you are responsible for maintaining the confidentiality of your PNAP account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. PNAP reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

Visitors may post reviews, comments and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. PNAP reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant PNAP a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant PNAP and sub licensees the right to use the name that you submit in connection with such content, if they choose.

You and third parties may be permitted to upload certain software (including machine images), data, text, audio, video, images or other content (“Third Party Content”) to community areas of the PNAP Site. You acknowledge that (a) PNAP has not tested or screened Third Party Content, (b) you use any Third Party Content is at your sole risk, and (c) Third Party Content may be subject to separate license terms as determined by the person posting such content.

You represent and warrant that you own or otherwise control all of the rights to the content, including any Third Party Content, that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify PNAP for all claims resulting from content you supply. PNAP has the right but not the obligation to monitor and edit or remove any activity or content. PNAP takes no responsibility and assumes no liability for any content posted by you or any third party.

COPYRIGHT COMPLAINTS

PNAP respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE PNAP SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY PNAP ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. PNAP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PNAP SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PNAP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PNAP DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PNAP SITE; ITS SERVERS; OR E-MAIL SENT FROM PNAP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PNAP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PNAP SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PNAPSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. CERTAIN STATE LPNAP DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LPNAP APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

APPLICABLE LAW

By visiting the PNAP Site, you agree that the jurisdiction of the State of Arizona controls this agreement, without regard to principles of conflict of laws, and will govern these Terms of Use and any dispute of any sort that might arise between you and PNAP.

DISPUTES

Any dispute relating in any way to your visit to the PNAP Site or to services provided by PNAP or through the PNAP Site in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Maricopa County, Arizona, and you consent to exclusive jurisdiction and venue in such courts.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies on the PNAP Site. These policies also govern your visit to the PNAP Site. We reserve the right to make changes to the PNAP Site, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

3402 East University Drive

Phoenix, AZ  85034

http://phoenixnap.com

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

1. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the written information specified below. Please note that this procedure is exclusively for notifying PNAP that your copyrighted material has been infringed.
2. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
3. A description of the copyrighted work that you claim has been infringed upon;
4. A description of where the material that you claim is infringing is located on the Site;
5. Your address, telephone number, and e-mail address;
6. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
7. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

PNAP’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:

Courier address:

DMCA Agent /Phoenix NAP, LLC

Attn: Legal Department

2353 West University Drive

Phoenix, AZ 85281

USA

Email Address:

dmca@phoenixnap.com

DMCA Policy

You may view the full version of our DMCA Policy and access a claim form at http://www.phoenixnap.com/docs/html/dmca.html.