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Name Mama .com
Online File Folder end user license agreement
This Name Mama .com Online File Folder End User License Agreement ("Agreement") is by and between Name Mama .com ("Name Mama .com"), an Arizona corporation and you, your heirs, assigns, agents and successors ("You") and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of Name Mama .com's Online File Folder and represents the entire agreement between You and Name Mama .com. By participating in this transaction, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies which Name Mama .com may establish from time to time. You may view the latest version of this Agreement online. In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with Name Mama .com, whether or not the transactions were in Your behalf. You acknowledge that Name Mama .com's acceptance of any application made by You for services provided by Name Mama .com will take place at Name Mama .com's offices located in Scottsdale, Arizona, USA.

1. Software and service details

The Software

Name Mama .com grants You a non-exclusive license to use Online File Folder for such purposes as are ordinary and customary. You are free to use Online File Folder on any computer, but not on two or more computers at one time. You may not alter or modify the Software. You are not authorized to combine Online File Folder with any other software program, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon Online File Folder. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code.

The Service

Name Mama .com grants You a non-exclusive license to use the Online File Folder for such purposes as are ordinary and customary. The Service will allow You the ability to use the World Wide Web to upload and download files on Name Mama .com's servers. You can:

  1. store files online;
  2. access files from anywhere that allows access to the Internet;
  3. share files with family and friends;
  4. compress files using ZIP technology;
  5. integrate files with Web-Based Email;
  6. and encrypt files.

2. fees
In consideration for the Service purchased by You and provided to You by Name Mama .com, You agree to pay Name Mama .com an annual fee. You have the option of automatically renewing Your Online File Folder Service each year. If You choose to automatically renew this Service, Your annual billing date will be determined based on which day and month You establish Your Online File Folder Service with Name Mama .com, unless that date falls after the 28th of a month, in which case Your billing date will be the 28th of each month. Payment is to be made by You by providing either a valid credit card, an online check, or using "Good As Gold" to establish a cash reserve for charge by Name Mama .com (collectively, the "Payment Method"). Personal checks and money orders may only be used to fund "Good As Gold" (GAG) accounts, must be for payments of $100 or more, and issued in U.S. dollars for the full amount required at that time. Personal checks under $1,000 are subject to the same processing fees as wire transfers. All personal checks will be delayed fourteen (14) days until the money is credited, which may delay Your usage of the product or service, and any check that bounces will result in a $25 bounced check fee. If You purchase an automatically renewing service or product by personal check, it is Your responsibility to make payment arrangements for each renewal payment. Payments are non-refundable. If for any reason Name Mama .com is unable to charge Your Payment Method for the full amount owed Name Mama .com for the Service provided, or if Name Mama .com is charged a penalty for any fee it previously charged to Your Payment Method, You agree that Name Mama .com may pursue all available remedies in order to obtain payment. You agree that among the remedies Name Mama .com may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to You of the Service. Name Mama .com reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular services. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, and disputes that require legal services. These charges will be billed to the Payment Method we have on file for You. You may change Your Payment Method at any time by logging into Your account. If Your account is set to automatically renew, in the absence of notification from You, Name Mama .com will automatically continue the Online File Folder Service indefinitely and will charge the Payment Method You have on file with Name Mama .com, at Name Mama .com's then current rates. In the event You terminate, moving Your stored data off the Name Mama .com Online File Folder Service is Your responsibility. Name Mama .com will not transfer or FTP Your data to another provider.

3. your responsibilities

You agree that You have provided accurate, current and complete information when you purchased the Service and that You will notify Name Mama .com within five (5) business days when any of the information You provided as part of the purchase and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Name Mama .com to determine the validity of information provided by You, will constitute a material breach of this Agreement. You may not alter or modify the Service. You are entirely responsible for the security of Your username and password which You use to access the Service, as well as any activities that occur under it. You are responsible for ensuring that Your use of the Service conforms to all local, state, federal, and international laws. Further, You are responsible for ensuring the legal copyright or ownership of any images, text, or other materials uploaded to the Online File Folder.

You agree: (i) to notify Name Mama .com immediately if the security of Your account has been breached; (ii) that You will comply with all applicable laws regarding the transmission of technical data exported from the U.S. through the Service; and (iii) that You will not use the Service to transmit any material that could give rise to civil liability or violate any laws.


4. the limitations

Online File Folder is not intended to assist You in engaging in unlawful or morally objectionable activities. Name Mama .com explicitly reserves the right to terminate Your license if it comes to Name Mama .com's attention that You are using Online File Folder to enable or otherwise enhance Your participation in objectionable activities, which include, but are not limited to, the following: the transmission of any material that contains software viruses or harmful computer code, or programs that are intended to maliciously disrupt servers or networks associated with the Service; activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You live or access the Internet; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; or activities designed to harm minors in any way.

Due to the encryption technology incorporated within Online File Folder, Name Mama .com is not allowed to ship Online File Folder outside of the United States, Canada, or a U.S. Territory. Also, the Software is not allowed to be used by anyone in a government agency or a government end-user. By using Online File Folder, you agree and certify the following:

  1. You are downloading Online File Folder to a computer that is within the United States, Canada or a U.S. Territory;
  2. You realize that Online File Folder is subject to export controls under the Export Administration Regulations, 15 C.F.R. Parts 730-734, administered by the Bureau of Export Administration in the U.S. Department of Commerce and agree to be bound by those regulations;
  3. You will not transfer this software to a computer or a user outside of the United States, Canada or a U.S. Territory;
  4. You are not using this software for government purposes, nor are you a government end-user.


5. backup and recovery rules
Name Mama .com maintains redundant (duplicate) disaster recovery and file/volume backup systems. Upon Your request to Name Mama .com to retrieve the backup of your data should you lose it, Name Mama .com will make its best efforts to recover individual files that existed in the Online File Folder file storage system. Files to be recovered must have been stored in the Online File Folder for a period of at least 24 hours (to ensure they were backed up), and the request for recovery must be made within a period of three (3) days of the file loss. This does not represent a guarantee that the requested file will be recovered; only that Name Mama .com reasonably believes that such a file can be recovered and will make every attempt to recover the file. Name Mama .com makes no guarantees that the data and files You store in Your Online File Folder will not be lost or damaged.

6. Name Mama .com's rights

Name Mama .com reserves all rights to the Service. Online File Folder and its underlying code are the intellectual property of Name Mama .com. The source code and its organization are the exclusive property of Name Mama .com and Online File Folder is protected by copyright, including United States Copyright Law. Except as expressly stated in Section 1 above, this Agreement does not grant You any rights in Online File Folder and all rights are reserved by Name Mama .com.

Name Mama .com expressly reserves the right to:
  1. Modify pricing, the Service, or the End User License Agreement through notice posted on the Name Mama .com website.
  2. Terminate the Service for unsolicited, commercial email or Spam; illegal access to other computer networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and other activities whether lawful or unlawful that Name Mama .com determines to be harmful to subscribers, operations, its reputation, or otherwise.
  3. Terminate the Service if Your use of Online File Folder results in, or is the subject of, legal action or threatened legal action against Name Mama .com or any of its affiliates or partners, regardless of whether or not such legal action or threatened legal action is eventually determined to be with or without merit. The decision to terminate Your Service shall be made solely by Name Mama .com, and in so doing, Name Mama .com shall not be required to consider the merits of legal action or whether threatened legal action will actually come to pass.
  4. Terminate the Service if it Name Mama .com suspects or discovers that the information You provided Name Mama .com with is inaccurate, not current, or incomplete.
  5. Terminate the Service if, in Name Mama .com's sole discretion, it contains inappropriate content.
  6. Review every Online File Folder account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels.

7. liability & indemnification

Name Mama .com provides Online File Folder "as is" and without warranty or guarantee of any kind, either express or implied, including but not limited to, the implied warranties or conditions of merchantability or fitness for a particular purpose. Name Mama .com makes no warranty that the Service will meet Your requirements, or that the Service will be uninterrupted, timely, secure, or error free; nor does Name Mama .com make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the Service or that defects will be corrected. In no event shall Name Mama .com be liable for any loss of profits, loss of business, loss of data, unsecured transactions, interruption of business, or for indirect, special, or consequential damages of any kind, even if Name Mama .com has been advised of the possibility of such damages arising from any defect or error in the Service. Name Mama .com assumes no liability for any of the data that You store using Online File Folder; You are solely responsible for the content that Name Mama .com upload and store using the Service. You are solely responsible for the security of Your Name Mama .com account; Name Mama .com is not. This Service is not intended to be the sole backup for any of Your data.

You shall indemnify, defend by counsel reasonably acceptable to Name Mama .com, protect and hold Name Mama .com, its affiliates, officers, and employees harmless from and against any and all claims, liabilities, losses, costs, damages, expense, including consultants' and attorneys' fees and court costs, demands, causes of action, or judgments directly or indirectly arising out of or related to Your use of Online File Folder, or arising out of any claims by a third party that You have infringed on their property rights.

Neither Name Mama .com nor its affiliates nor any of its employees shall assume responsibility for or be held liable for the acts or omissions of third parties. In no event shall Name Mama .com or its employees be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of the third party services, even if advised of the possibility of such damage. This disclaimer of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence or under any other cause of action. You agree that Name Mama .com's total liability for any claim arising out of or related to this Agreement shall not exceed the amount You have paid Name Mama .com for this Service.

Name Mama .com does not endorse the services of any third parties associated with the Online File Folder site submission services, and it is not responsible for any off-site web pages referenced.


8. severability
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.

9. venue; waiver of trial by jury

This agreement shall be deemed entered into the state of Arizona. The laws and judicial decisions of Maricopa county, Arizona, shall be used to determine the validity, construction, interpretation and legal effect of this agreement. You agree that any action relating to or arising out of this agreement, shall be brought in the courts of Maricopa county, Arizona.

You agree to waive the right to trial by jury in any proceeding that takes pace relating to or arising out of this agreement.


10. notices

You agree that all notices (except for notices concerning breach of this Agreement) from Name Mama .com to You may be posted on our web site. Notices concerning breach will be sent to You at either the postal address or email address You have on file with Name Mama .com. In either case, delivery shall be deemed to have been made five (5) days after the date sent.

Notices from You to Name Mama .com shall be made by email, sent to the address we provide on our web site, or by first class mail to the address below.

Name Mama .com
ATTN: Web Team
14455 North Hayden Rd.
Suite 219
Scottsdale, AZ. 85260

Revised: 10/28/2005
Copyright © 2005 All Rights Reserved.