Enterprise Files Terms of Use

Collaborate, Share and Control Documents and Files Easily

The Enterprise Files Web System ("Enterprise Files) is being provided to you by Officeware Corporation d/b/a Enterprise Files ("Enterprise Files") under the terms expressed in this document named Enterprise Files Terms of Use. Your use of the Enterprise Files site will indicate your acceptance of these terms. Do not use the site if you do not agree to be bound by these terms. By clicking on the "AGREE" button you are confirming that you agree to be bound by these terms. Use the scrollbar to view all remaining terms below.
  1. Changes to Terms. Enterprise Files may change these Terms of Use at any time. Any change to these Terms of Use will be made publicly available on this website by clicking the "Terms of Use" link at the bottom of the home page. Continued use of the service is construed as your acceptance of the Terms of Use. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.
  2. Changes to Enterprise Files Service. Enterprise Files reserves the right to change or discontinue the Enterprise Files service ("the Service") at any time, with or without notice. Enterprise Files shall be in no way liable for any consequence to anyone or anything which results from our decisions regarding continuing, changing, or discontinuing any features of the Service. Further, Enterprise Files shall not be liable for forwarding or retrieving documents.
  3. No Liability for Data Stored on Enterprise Files.  Enterprise Files assumes no liability for any of the data which is stored on the Enterprise Files service, be it obscene, offensive, illegal, or if it is an infringement of property rights of anyone. Individual users are solely responsible for the file content they upload and store on this service.
  4. Individual Account Security, Privacy, and Personal Use. You agree that you are the only person responsible for the security of your account and Enterprise Files is not.
  5. Grant of License, Non-Transferable Membership. Enterprise Files grants you a personal, non-exclusive, non-transferable license to use the products and software made available through the Enterprise Files web site for your own individual purposes. All rights related to this Service not expressly granted by Enterprise Files to you are retained. You must have a valid, registered user account to access Enterprise Files. Enterprise Files may only be accessed and used by those authorized individuals who are registered with Enterprise Files. Your password may be maintained by you as often as you like, however this password is non-transferable and your account may not be shared for other individuals to use. Upon termination of your membership subscription, by non-payment, cancellation or suspension of service, this agreement will automatically terminate and the license to use the backup software under this agreement shall be permanently revoked. YOU AGREE THAT YOUR ACCOUNT PASSWORD MUST BE KEPT PRIVATE AND MAY NOT BE USED BY ANY OTHER INDIVIDUAL OR AUTOMATED PROCESS TO ACCESS YOUR ACCOUNT UNLESS THEY ALSO HAVE AN ASSIGNED USER LICENSE OR "SUB-ACCOUNT" USER LICENSE. This includes access via Web, FTP, Secure FTP or WebDAV protocols.
  6. Disclaimer of Warranties. Enterprise Files IS NOT RESPONSIBLE FOR ANY LOSS OF DATA, DUE TO TRANSMISSION ERROR, CLIENT SOFTWARE ERROR, SERVER SOFTWARE ERROR, USER ERROR, OR ANY CAUSE. DUE TO THE NATURE OF THE INTERNET AND THE ONLINE BACKUP SERVICE, IT IS STRONGLY RECOMMENDED THAT YOU PERFORM ROUTINE TESTS OF THE FILE RESTORE FEATURES AND FAMILIARIZE YOURSELF WITH THE COMPLETE OPERATION OF THE BACKUP SOFTWARE BEFORE AN EMERGENCY SITUATION ARISES. You agree that this service comes with no warranty and is "AS IS" and "AS AVAILABLE" only. This service is not intended to be the sole backup location for any data; users are responsible for backing up their own data files to a location other than Enterprise Files. You assume all risks associated with accepting a service of this kind. Enterprise Files expressly disclaims every type of warranty whether express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose and non-infringement.

    Enterprise Files makes no warranty that Enterprise Files will meet your requirements or that Enterprise Files will be uninterrupted, timely, secure or error-free. Enterprise Files takes no responsibility for damage done to your property as a result of using Enterprise Files software or the system itself. In addition, Enterprise Files does not make a warranty for any goods which are purchased through the service. Anything which you purchase through the service is a separate agreement between you and the third party and Enterprise Files shall have nothing to do with it. Further, if anyone who is an employee or agent of Enterprise Files makes any sort of statement, it shall not be construed as a warranty. If by law it is not allowed because of your jurisdiction's rules for Enterprise Files to exclude certain warranties then only the exclusions which are disallowed by law do not apply to you.
  7. Limitation of Liability. You also agree that Enterprise Files will not be liable for any special, direct, consequential, indirect, or incidental damages which result from use, cost, errors, security breaches, or anything else related to the use of Enterprise Files. (If it is illegal for us to exclude certain liabilities for you because of your legal jurisdiction, the illegal exclusions do not apply to you.)
  8. US Laws. When using Enterprise Files, you agree to follow U.S. laws regarding transmitting data, and not to make illegal use of the Enterprise Files System or use it for purposes which are illegal. Further, you agree not to use the System for transmitting vulgar, obscene, harmful, libelous, abusive, or unlawful material. You agree not to attempt to gain access to other computer systems. Also, you agree not to interfere with anyone else who is a member of Enterprise Files in their use and enjoyment of the Enterprise Files web site or other Enterprise Files products. You agree to not transmit anything over Enterprise Files which could cause civil liability against anyone, or break applicable international regulations, international laws, national laws, national regulations, state laws, state regulations, or local laws, or local regulations.
  9. Use of Service. In connection with any file Uploads, shared folders, published MediaLinks, emailed file attachments, or FileShare links, you further agree that you will not: (i) submit material to the Service or distribute material from the Service, whether it by via Uploading, GroupShare folders, email file attachments, FileShare links, MediaLinks, or any other feature provided by the Service, that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant to Enterprise Files all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Enterprise Files or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.


    10. Enterprise Files does not endorse any User-supplied Content or Guest-supplied Content or Uploaded Material or any opinion, recommendation, or advice expressed therein, and Enterprise Files expressly disclaims any and all liability in connection with User-supplied Content or Guest-supplied Content or Uploaded Material. Enterprise Files does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Enterprise Files will remove all User-supplied Content or Guest-supplied Content or Uploaded Material if properly notified that such content infringes on another's intellectual property rights. Enterprise Files reserves the right to remove such content without prior notice. Enterprise Files will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had such content removed from the Service more than twice. Enterprise Files also reserves the right to decide whether User-supplied Content or Guest-supplied Content or Uploaded Material is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, material that may be offensive, content having excessive file size or excessive use, which puts an excessive load on the servers, to the detriment of other users, or MediaLinks that have been unused for a period of one year or longer. Enterprise Files may remove such Uploaded Material or Links and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

    In particular, if you are a copyright owner or an agent thereof and believe that any material uploaded by a User or Guest or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") to our Designated Copyright Agent (see 17 U.S.C 512(c)(3) for further detail). Refer to our Copyright Agent page for more information on filing a claim or counterclaim: Notice and Procedure for Making Claims of Copyright Infringement
  10. Indemnification. You agree to indemnify and hold Enterprise Files and its affiliates, officers, stockholders, and employees harmless from any type of demand or any type of claim which would include attorneys' fees which are reasonable, which are made by any third party as a result of your use of the Enterprise Files System, be it any type of infringement such as intellectual property or other rights, or other users of Enterprise Files using your computer, or an infringement of these Terms of Use by you.
  11. Sole Responsibility for Data, Account Termination. You agree to be solely and completely responsible for all of your transmissions onto and off of your Enterprise Files, and the contents of those transmissions. Enterprise Files holds the right to terminate your access to the Enterprise Files system at any time with or without reason, at Enterprise Files's sole discretion. If your account is terminated for any reason, you agree you may not have permission to access your files on the Enterprise Files system and your files will be permanently removed from our servers. Enterprise Files is not obligated to give you access to any data which you have uploaded or inserted into Enterprise Files in any way. NO OBLIGATION OF REFUND: You agree that Enterprise Files is not obligated in any way to refund any portion of monies paid for a subscription service period if the account is terminated for any reason.
  12. Limitations of Free Trial Accounts. THE FUNCTIONALITY OF ALL FREE TRIAL ACCOUNTS, DEMO ACCOUNTS, AND STANDARD FREE ACCOUNTS IS LIMITED. Enterprise Files MAKES NO CLAIMS TO THE FUNCTIONALITY OR USABILITY OF FREE ACCOUNTS. ONCE A FREE ACCOUNT ENTERS A CANCELLATION STATUS, THE ACCOUNT AND ALL OF THE ACCOUNT FILES MAY BE PURGED WITHOUT FURTHER NOTICE. The "1GB Free Account" is offered as the free version of the Basic Web Plan. This 1GB Free Account comes with 1GB of remote file storage, and this account is retained as long as you login at least once every 60 days. If more than 60 days have passed since the last login, the 1GB Free Account will enter a cancellation status and may be closed and purged at any time. A free account in cancellation status may be renewed by logging in and upgrading, within 30 days from the date of cancellation. It may be possible to return to a cancelled account beyond 30 days and upgrade it to a subscription, if it has not yet been purged. WebAdvanced plans offer a 10-day Full-Featured Free Trial. The WebAdvanced trial account functions like a paid subscription, with the same limits that apply to an individual paid account. After 10 days, the 10-day WebAdvanced free trial account is automatically activated and charges the registered credit card you entered on the signup screen if it is not cancelled within the 10-day trial period. There are no charges for the 1GB Free Account (the Basic Web Plan Free Account), unless you choose to upgrade the plan to a Basic Web Account Subscription.
  13. Advertisements. Enterprise Files assumes no liability for anything which is perceived in advertisements in Enterprise Files, or any actions which are taken or not taken as a result of those advertisements and any contact which you have with the advertisers.
  14. Intellectual Property. By registering with this service, you understand and agree that all content created by Enterprise Files for the Enterprise Files system, as well as all of Enterprise Files's software that supports this system, is protected by trademarks, copyright, service marks, or other property rights and laws. Therefore you must have appropriate authorization before reproducing, distributing, copying, or taking and changing any of these contents. Further, your use of the Enterprise Files system must be in accord and governed by all appropriate state, federal, local, international, and national laws and regulations.
  15. Applicable Laws. If anything which is inserted into this Terms of Use document is found by the appropriate legal jurisdiction and authority to be in violation of the relevant law then the other parts of the Terms of Use shall be understood as close to their original meaning as possible and the parts which were not in violation of a law remain in full effect, and full force.
  16. Enforcement. If Enterprise Files fails to act on any of the terms of this document it should not be construed as a waiver of any provision unless Enterprise Files agrees to any such waiver in writing.
  17. Automatic Upgrade for Excess Storage Used. IF THE TOTAL SIZE OF YOUR Enterprise Files ACCOUNT EXCEEDS THE CURRENT PLAN SIZE PURCHASED, A NOTICE WILL BE EMAILED TO THE REGISTERED EMAIL REQUESTING THAT ACTION PLEASE BE TAKEN TO CORRECT THE OVERAGE. WITHIN 3 DAYS FROM THIS NOTICE AN UPGRADE MUST BE PERFORMED OR FILES MUST BE DELETED TO BRING THE SPACE USED DOWN TO AT OR BELOW THE MAXIMUM STORAGE PURCHASED (THE CURRENT PLAN SIZE). IF NO ACTION IS TAKEN WITHIN 3 DAYS YOUR ACCOUNT WILL BE AUTOMATICALLY CHARGED FOR THE ADDITIONAL STORAGE SPACE AND YOUR RECURRING PLAN WILL BE UPGRADED TO THE NEXT LARGEST PLAN THAT ACCOMMODATES THIS STORAGE SPACE. Enterprise Files IS NOT RESPONSIBLE FOR EMAIL RECEPTION, THEREFORE YOU ARE RESPONSIBLE FOR KEEPING TRACK OF THE SIZE OF YOUR STORAGE USED.