1. Your Acceptance of Terms

Welcome to Pogoplug

The following Terms of Service (“TOS”) are between you and Cloud Engines and constitute a legal agreement that governs your use of the Pogoplug product, software, services and websites (collectively referred to as the “Service”). You must agree to these TOS before you can use the Service. You can agree to these TOS by: a) actually using the Service, or b) clicking a box that indicates you agree to the Service, where such a box is made available to you. If you do not agree to any of the following terms, please do not use the Service. You should print or otherwise save a copy of these TOS for your records. "Cloud Engines" as used in these TOS means Cloud Engines, Inc., located at 480 Pacific Avenue, San Francisco, CA 94133, and its affiliates.

Legal Authority

To use and/or register for the Service you must be: a) of legal age to form a binding contract with Cloud Engines, and b) cannot be a person barred from receiving the Service under the laws of the United States or other applicable jurisdiction, including the country in which you reside or from where you use the Service. By accepting these TOS you represent that you understand and agree to the foregoing.

Updates

Cloud Engines may update or change these TOS from time to time and recommends that you review the TOS on a regular basis. You can review the most current version of the TOS at any time at http://www.pogoplug.com/home-en-terms.html. If Cloud Engines makes a change to the TOS, it will post the revised TOS on our website at the link noted above. You understand and agree that your continued use of the Service after the TOS has changed constitutes your acceptance of the TOS as revised. Without limiting the foregoing, if Cloud Engines makes a change to the TOS that materially impacts your use of the Service, Cloud Engines may post notice of any such change on our website and/or email you notice of any such change to your Pogoplug account.

2. Description of the Service

System Requirements

Use of the Service requires one or more compatible devices, certain software, and broadband Internet access. Please refer to the documentation applicable to your product on our website for more detail on hardware and software requirements.

Changing the Service

Cloud Engines reserves the right to modify or stop the Service (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. Without limiting the foregoing, Cloud Engines may post on our website and/or send email to your Pogoplug account, notice of such changes to the Service. It is your responsibility to review our website and/or check your Pogoplug email address for any such notices. You agree that Cloud Engines shall not be liable to you or any third party for any modification or cessation of the Service.

Limitations on Use

You agree to use the Service only for purposes as permitted by these TOS and any applicable law, regulation, or generally accepted practice in the applicable jurisdiction.

Availability of the Service

The Service, or any feature or part thereof, may not be available in all languages or in all countries and Cloud Engines makes no representation that the Service, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, any applicable local laws.

Public Beta

From time to time, Cloud Engines may choose to offer new and/or updated features of the Service (the “Beta Features”) as part of a Public Beta Program (the “Program”) for the purpose of providing Cloud Engines with feedback on the quality and usability of the Beta Features. You understand and agree that your participation in the Program is voluntary and does not create a legal partnership, agency, or employment relationship between you and Cloud Engines, and that Cloud Engines is not obligated to provide you with any Beta Features. Cloud Engines may make such Beta Features available to Program participants by online registration or enrollment via the Service. You understand and agree that Cloud Engines may collect and use certain information from your account, devices and peripherals in order to enroll you in a Program and/or determine your eligibility to participate. You understand that once you enroll in a Program you may be unable to revert back to the earlier non-beta version of a given Beta Feature. In the event such reversion is possible, you may not be able to migrate data created within the Beta Feature back to the earlier non-beta version. Your use of the Beta Features and participation in the Program is governed by these TOS and any additional license terms that may separately accompany the Beta Features. The Beta Features are provided on an “AS IS” and “AS AVAILABLE” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including, without limitation, servers and computers) connected thereto. Cloud Engines strongly encourages you to back-up all data and information on your device and any peripherals prior to participating in any Program. You expressly acknowledge and agree that all use of the Beta Features is at your sole risk. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR PARTICIPATION IN ANY PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. Cloud Engines may or may not provide you with technical and/or other support for the Beta Features. If support is provided it will be in addition to your normal support coverage for the Service and only available through the Program. You agree to abide by any support rules or policies that Cloud Engines provides to you in order to receive any such support. Cloud Engines reserves the right to modify the terms, conditions or policies of the Program (including ceasing the Program) at any time with or without notice, and may revoke your participation in the Program at any time. You acknowledge that Cloud Engines has no obligation to provide a commercial version of the Beta Features, and that should such a commercial version be made available, it may have features or functionality different than that contained in the Beta Features. As part of the Program, Cloud Engines will provide you with the opportunity to submit comments, suggestions, or other feedback regarding your use of the Beta Features. You agree that in the absence of a separate written agreement to the contrary, Cloud Engines will be free to use any feedback you provide for any purpose.

3. Your Use of the Service

Member Account

When you accept these TOS and complete the Pogoplug sign up process, you become the Pogoplug “Member Account” holder. You are required to provide your email address upon sign up that will be used for your account (your “User ID”). Depending on the product you have purchased, you may be permitted to purchase and add additional “Sub-accounts” to your Member Account. You must select a separate User ID for each Sub-account you create. You are responsible for all activity that takes place on your Member Account and any associated Sub-accounts.

Sub-account

If you use a Sub-account, the Member Account holder has full control over your Sub-account and may alter, close or end the Sub-account at any time, as well as request information related to your use of the Sub-account, including machine and service use information, without notice to you.

Account Security

Upon creating your User ID you will be required to select a password. Please choose a strong password and do not reveal your password to others. You agree that you are responsible for keeping your password confidential and secure, and further understand that you are solely responsible and liable for any activities that occur under your User ID. If you suspect or become aware of any unauthorized use of your account please contact Pogoplug Support at support@pogoplug.com. You further acknowledge and agree that the Service is designed and intended for personal use on an individual basis and you should not share your account and/or password details with another individual.

Children

You must be at least 18 years of age to use the Service.

Sign Up Obligations

You agree that all information you provide to Cloud Engines during the sign up process (“Sign Up Data”) will be true, accurate, complete and current information, and that you shall maintain and update the Sign Up Data as needed throughout your term to keep it accurate and current. Failure to provide accurate, current and complete Sign Up Data may result in the suspension and/or termination of your account.

Additional Obligations or Terms of Use

Particular components or features of the Service, provided by Cloud Engines and/or its licensors, may be subject to separate software or other license agreements or terms of use. You must read, accept, and agree to be bound by any such separate agreement as a condition of using these particular components or features of the Service.

No Right of Survivorship

You agree that your Pogoplug account is non-transferable and that any rights to your Member Account terminate upon your death. Upon receipt of a copy of a death certificate your account may be terminated. Contact support at support@pogoplug.com for further assistance.

No Resale of Service

You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Service (or any part thereof) for any purpose.

4. Cloud Engines Privacy Policy

You understand that by using the Service, you consent and agree to the collection and use of certain information about you and your use of the Service in accordance with Cloud Engines’ Privacy Policy. You further consent and agree that Cloud Engines may collect, use, transmit, process and maintain information related to your account, and any devices registered thereunder, for purposes of providing the Service, and any features therein, to you. Information collected by Cloud Engines when you use the Service may also include technical or diagnostic information related to your use that may be used by Cloud Engines to maintain, improve and enhance the Service. For more information please read our full privacy policy at http://www.pogoplug.com/home-en-privacy.html. You further understand and agree that this information may be transferred to the United States and/or other countries for storage, processing and use by Cloud Engines and/or its affiliates.

5. Content and Your Conduct

Content

"Content" means any information that may be generated or encountered through use of the Service, such as data files, written text, software, music, graphics, photographs, images, sounds, videos, messages and any other like materials. You understand that all Content whether publicly posted or privately transmitted on the Service is the sole responsibility of the person from whom such Content originated. This means that you, and not Cloud Engines, are solely responsible for any Content you upload, download, post, email, transmit, store or otherwise make available through your use of the Service. You understand that by using the Service you may encounter Content that you may find offensive, indecent, or objectionable, and that you may expose others to Content that they may find objectionable. Cloud Engines does not control the Content posted via the Service, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that your use of the Service and any Content is solely at your own risk.

Your Conduct

You agree that you will NOT use the Service to:

upload, download, post, email, transmit, store or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
stalk, harass, threaten or harm another;
if you are an adult, request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, or the names of the minor's school, church, athletic team or friends;
pretend to be anyone, or any entity, you are not — you may not impersonate or misrepresent yourself as another person (including celebrities), entity, another Pogoplug subscriber, a Cloud Engines employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity, (Cloud Engines reserves the right to reject or block any User ID which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person's name or identity);
engage in any copyright infringement or other intellectual property infringement, or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;

f. forge any TCP-IP packet header or any part of the header information in an email or a news group posting, or otherwise putting information in a header designed to mislead recipients as to the origin of any Content transmitted through the Service (“spoofing");

upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware;
interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon);

i. plan or engage in any illegal activity; and/or

j. gather and store personal information on any other users of the Service to be used in connection with any of the foregoing prohibited activities.

Removal of Content

You acknowledge that Cloud Engines is not responsible or liable in any way for any Content provided by others and has no duty to pre-screen such Content. Cloud Engines reserves the right at all times, however, to determine whether Content is appropriate and in compliance with these TOS, and may remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of these TOS or is otherwise objectionable.

Backup Your Content

You are responsible for backing up, to your own computer or other devices, any important documents, images or other Content that you store or access via the Service. Cloud Engines does not guarantee or warrant that any Content you may store or access through the Service will not be subject to inadvertent damage, corruption or loss.

Access to Your Account and Content

You acknowledge and agree that Cloud Engines may access, use, preserve and/or disclose your account information and Content if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce these TOS, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Cloud Engines, its users or the public as required or permitted by law.

Copyright Notice - DMCA

If you believe that any Content in which you claim copyright has been infringed by anyone using the Service, please contact Cloud Engines’ support team at support@pogoplug.com. Cloud Engines may, in its sole discretion, suspend and/or terminate accounts of users that are found to be repeat infringers.

Violations of TOS

If while using the Service, you encounter Content you find inappropriate, or otherwise believe to be a violation of these TOS, you may report it by sending an email to support@pogoplug.com.

6. Payment

Fees

You agree to pay all fees and charges specified when you signed up for the Service and any part thereof. All fees are exclusive of applicable taxes (e.g. sales, use, or value-added tax), unless otherwise stated, and you are solely responsible for the payment of any such taxes that may be imposed on your use of the Service.

7. Trademark Information

Cloud Engines, Pogoplug, the Pogoplug logo and other Cloud Engines trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of Cloud Engines Inc. in the US and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service.

8. Software

Licenses From Cloud Engines

Pogoplug PC Software

If you have an authorized copy of Cloud Engines’ Pogoplug software for a personal computer (“PC Software”), Cloud Engines grants you a personal, non-exclusive, non-transferable, limited license, without rights to sublicense, to install one instance of such PC Software on all personal computers associated with your User ID, and to use such PC Software solely as a part of the Service and in accordance with these TOS.

Pogoplug Mobile Software

If you have downloaded any of Cloud Engines’ Pogoplug software for a mobile device (Android™, iPhone^®, iPad^®, Blackberry™ or others) (“Mobile Software”), Cloud Engines grants you a personal, non-exclusive, non-transferable, limited license, without rights to sublicense, to install such Mobile Software solely on a single device for which such Mobile Software is intended, and to use such Mobile Software solely as a part of the Service and in accordance with these TOS.

Pogoplug Device Software

If you have purchased any of Cloud Engines’ Pogoplug hardware devices, Cloud Engines grants you a personal, non-exclusive, non-transferable, limited license, without rights to sublicense, to use such software (“Device Software”) as provided to you by Cloud Engines solely as a part of the Service, in accordance with these TOS, and as embedded on the device which you purchased.

Cloud Engines’ Proprietary Rights

You acknowledge and agree that Cloud Engines and/or its licensors own all legal right, title and interest in and to the Service, and any software provided to you as a part of and/or in connection with the Service, including, without limitation, the PC Software, the Mobile Software, the Device Software (the “Software”), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

Open Source

Cloud Engines includes several open source components in the Software. You agree to abide by the terms of the relevant licenses, as may be updated by Cloud Engines from time to time at http://pogoplug.com/home-en-developers-open-source.html.

License Restrictions

You will not (and will not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the Software.

Export Control

Use of the Service and Software, including transferring, posting, or uploading data, software or other Content via the Service, may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Software or Service, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Software or Service for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You further agree not to upload to your Pogoplug account any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this Agreement.

Updates

As part of the Service, you may from time to time receive updates to the Software from Cloud Engines which may be automatically downloaded and installed to your device. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Software. You agree that Cloud Engines may automatically deliver such updates to you as part of the Service and you shall receive and install them as required.

9. Termination

Termination by You

You may terminate your account and/or stop using the Service at any time. To terminate your account contact Pogoplug Support at support@pogoplug.com. Any fees paid by you prior to your termination are nonrefundable. Termination of your account shall not relieve you of any obligation to pay any accrued fees or charges.

Termination by Cloud Engines

Cloud Engines may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your account and/or access to the Service. Cause for such termination shall include, but not be limited to: (a) violations of the TOS or any other policies or guidelines that are referenced herein and/or posted on the Service; (b) a request by you to cancel or terminate your account; (c) discontinuance or material modification to the Service or any part thereof; (d) a request and/or order from law enforcement, a judicial body, or other government agency; (e) where provision of the Service to you is or may become unlawful; (f) unexpected technical or security issues or problems; (g) your participation in fraudulent or illegal activities; or (h) failure to pay any fees owed by you in relation to the Service. Any such termination or suspension shall be made by Cloud Engines in its sole discretion, without any refund to you of any prepaid fees or amounts, and Cloud Engines will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Service.

Effects of Termination

Upon termination of your account you lose all access to the Service and any portions thereof, including, but not limited to, your Member Account (and any Sub-accounts thereunder).

10. Links and Other Third Party Materials

Links

Certain Content, components or features of the Service may include materials from third parties and/or hyperlinks to other web sites, resources or Content. Because Cloud Engines may have no control over such third party sites and/or materials, you acknowledge and agree that Cloud Engines is not responsible for the availability of such sites or resources, and does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, products or materials on or available from such sites or resources. You further acknowledge and agree that Cloud Engines shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such Content, advertising, products or materials on or available from such sites or resources.

11. Disclaimer of Warranties

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AND SOFTWARE IS AT YOUR SOLE RISK AND THE SERVICE AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CLOUD ENGINES AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, CLOUD ENGINES AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE OR SOFTWARE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CLOUD ENGINES OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

12. Limitation of Liability

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU. YOU EXPRESSLY UNDERSTAND AND AGREE THAT CLOUD ENGINES AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF CLOUD ENGINES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE OR SOFTWARE (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR SOFTWARE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICE OR SOFTWARE.

13. Indemnity

You agree to defend, indemnify and hold Cloud Engines, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by a third party, relating to or arising from: (a) any Content you submit, post, transmit, or otherwise make available through the Service; (b) your use of the Service or Software; (c) any violation by you of these TOS; or (d) your violation of any rights of another. This obligation shall survive the termination or expiration of these TOS and/or your use of the Service. You acknowledge that you are responsible for all use of the Service using your account, including any use by Sub-accounts, and that these TOS apply to any and all usage of your account, including any use by Sub-accounts. You agree to comply with these TOS and to defend, indemnify and hold harmless Cloud Engines from and against any and all claims and demands arising from usage of your account or any Sub-account, whether or not such usage is expressly authorized by you.

14. Notices

Cloud Engines may provide you with notices regarding the Service, including changes to these TOS, by email to your Pogoplug email address (and/or other alternate email address if provided), by regular mail, or by postings on our website and/or the Service.

15. Governing Law

Except to the extent expressly provided in the following paragraph, these TOS and the relationship between you and Cloud Engines shall be governed by the laws of the State of California, excluding its conflicts of law provisions. You and Cloud Engines agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Santa Clara, California, to resolve any dispute or claim arising from these TOS.

Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

16. General

These TOS constitute the entire agreement between you and Cloud Engines, govern your use of the Service and completely replace any prior agreements between you and Cloud Engines in relation to the Service. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these TOS is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of Cloud Engines to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in these TOS, there shall be no third-party beneficiaries to this agreement. Any translation of these TOS is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of these TOS shall govern. You agree that any claim or cause of action arising out of or related to these TOS or the use of the Service must be filed within one (1) year after the cause of action arose or be forever barred.

Last revised: June 22, 2011