ATECHSHARE TERMS OF SERVICE
aTECHShare is powered by FileCloud, hosted and managed by ATECHSO at ATECHSO datacenters. FileCloud, including its applications, software and services, and the filecloud.com are owned, published and operated by CodeLathe, and provided to You under the terms and conditions of FileCloud (FileCloud TOS). BY INSTALLING FILECLOUD YOU AGREE TO FileCloud’s TERMS OF SERVICE (FileCloud TOS).
CodeLathe, Tonido, FileCloud, TonidoPlug, Tonido Photos, Tonido Webshare, Tonido Workspace, Tonido Jukebox and other marks indicated on our sites, software, and products are trademarks of CodeLathe. Codelathe’s trademarks may not be used in connection with any product or service that is not CodeLathe’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CodeLathe’s products. All other trademarks not owned by CodeLathe or any of its related companies 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 CodeLathe.
aTECHShare, including its applications, software and services, and the aTECHShare.com are owned, published and operated by Avance Tech Solutions, Inc. (ATECHSO), and provided to You under the terms and conditions of this Terms of Service agreement (the "TOS"). BY USING aTECHShare YOU AGREE TO THE FOLLOWING TERMS OF SERVICE.
Who Can Accept TOS: You may not accept the TOS and therefore may not use aTECHShare if (a) you are not of legal age to form a binding contract with ATECHSO, or (b) you are a person barred from using aTECHShare under the laws any applicable country or other jurisdiction. License: Subject to Your acceptance of the TOS, ATECHSO hereby grants you a personal, non-exclusive, non-sub licensable, non-assignable license to download, install and use aTECHShare for the sole purpose of using the services and products provided by aTECHShare (the "License").
Your Own Risk : You acknowledge and agree that the entire risk arising out of this License and Your use of aTECHShare is Your own, to the maximum extent permitted by law. This includes the possibility of problems arising out of security or other flaws in aTECHShare. ATECHSO does not warrant that aTECHShare functions and/or service will be uninterrupted or error-free, that defects will be corrected or that aTECHShare will be invulnerable to security flaws or problems arising out of such flaws, including data loss, malware etc.
Intellectual Property : Any and all intellectual property rights (the "IP Rights") of the FileCloud software are and shall remain the exclusive IP Rights of CodeLathe. Any and all intellectual property rights (the "IP Rights") of the aTECHShare are and shall remain the exclusive IP Rights of ATECHSO. Nothing contained in this TOS or the License intends to transfer or vest with you any such IP Rights.
Your Privacy : ATECHSO is committed to respecting Your privacy. The Privacy Policy at https://www.atechso.com/privacy-policy/ details how ATECHSO may use Your personal information, traffic data, and the content contained in Your communication(s) with ATECHSO or by using aTECHShare.
aTECHShare Software Updates : In order to provide You with better ATECHSO products and services, aTECHShare will periodically contact ATECHSO and FileCloud to check for new software updates.
New aTECHShare Versions : ATECHSO has no obligation to make available to You any subsequent versions of aTECHShare. You may be required to enter into an updated version of this TOS agreement in the event you want to download, install or otherwise use an updated or new version of aTECHShare. Please note that ATECHSO reserves the right to discontinue bug fixes and/or otherwise provide support for all versions—other than the most current version—of aTECHShare.
aTECHShare Relay Service : ATECHSO will offer relay infrastructure and services that enable you to create, open, edit and save Microsoft Office files stored in aTECHShare using Microsoft Office 365. On user request to create, open, edit or save, aTECHShare Relay Service transmits the contents of the file between your aTECHShare server instance and Microsoft Office service, run by Microsoft. aTECHShare Relay Service just transmits the files and doesn’t store them. aTECHShare uses secure HTTPS for transmitting files between servers. General Terms: When using the relay service you will agree (i) not to interfere or disrupt networks connected to the Service; (ii) not to use the Service or Service to infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (iii) not to transmit any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.You and the Contracting Party will not attempt to gain unauthorized access to other computer systems or interfere with another user’s use and enjoyment of the Service. ATECHSO reserves the right to (i) modify, alter or terminate this service at any time and (ii) offer it as a ‘paid only’ service in the future. All the terms of service for aTECHShare, including, without limitation,’No Warranty’, ‘Indemnification’, ‘Limitation of Liability’ terms apply to aTECHShare Relay Service.
Licensing : A single aTECHShare License is valid only for a single licensed domain (could be served by a single server or a cluster of servers running on a physical or virtual machines across datacenters). Unless you are a ATECHSO authorized service provider partner, you will need separate licenses for each domain for a multi-tenant installations or to run aTECHShare on multiple domains. Using a single aTECHShare license for multiple domains is a violation of the licensing terms of service.
Refund Policy : All product/service sales are final. Your satisfaction with your purchase is extremely important to us. If you are unsatisfied with your purchase for any reason please contact us and we will try to help rectify the issue you might have with the product.
Publicity : Customer grants ATECHSO the right to include the Customer’s organization name and logo as a customer on ATECHSO’s website and other promotional and advertising materials. You can opt-out of all promotional and advertising materials with a written request. With a written request, ATECHSO will remove the Customer’s organization name and logo from ATECHSO’s website and will cease to include the Customer’s organization name and logo in ATECHSO’s other promotional and advertising materials.
No Modifications : You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of aTECHShare or any part thereof except to the extent permitted by law.
Security Vulnerabilities : In the event you detect security vulnerabilities, You will contact ATECHSO and inform ATECHSO of such vulnerabilities.
Content: The content of the communication spread and transmitted by the use of aTECHShare is entirely the responsibility of the person from whom such content originated. You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which You may have access to as part of, or through Your use of, aTECHShare are the sole responsibility of the person from which such content originated. You should be aware that content presented to You as part of aTECHShare, may be protected by intellectual property rights and other applicable laws. It is your responsibility if You violate any of these applicable laws and you agree that ATECHSO is not responsible for any of your activities. In the event You or the person from whom such content originated violates the intellectual rights of others, You agree to indemnify ATECHSO and hold it harmless from all causes of action, damages, awards ATECHSO may sustain as a result of such transmission(s). You also understand, therefore, that by using aTECHShare, You may be exposed to content that is offensive, harmful to minors, indecent or otherwise objectionable, and that You use aTECHShare at Your own risk as ATECHSO does not control or monitor such content.
Lawful purposes : You will use aTECHShare solely for lawful purposes. In this respect You may not, without limitation (a) knowingly intercept or monitor, damage or modify any communication which is not intended for You; (b) knowingly use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble aTECHShare or the communication; (c) knowingly send any unsolicited commercial communication not permitted by applicable law; (d) knowingly expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way; (e) knowingly use aTECHShare to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party; or (f) knowingly use any material or content that is subject to any third party proprietary or intellectual property rights, unless you have a license or permission from the owner of such rights. If the law of Your country (or other applicable jurisdiction) prohibits You from downloading or using aTECHShare because You are under the age limit or because aTECHShare services are not allowed, You agree not to use aTECHShare and to indemnify and hold ATECHSO harmless from such use.
Warranties : You expressly understand and agree that your use of aTECHShare is at your sole risk and that the services are provided "as is" and "as available" and "without warranty of any kind." In no event does ATECHSO warrant that the Software is error free or that Customer will be able to operate the Software without problems or interruptions. Although ATECHSO endeavors to make timely fixes to flaws in aTECHShare, ATECHSO is not responsible for any problems arising out of your use of aTECHShare. ATECHSO PROVIDES NO WARRANTIES AS TO THE FUNCTION OR USE OF THE LICENSED PROGRAMS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PROGRAM IS WITH LICENSEE. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE LICENSED PROGRAMS WILL MEET LICENSEE’S REQUIREMENTS OR THAT THE OPERATION OF THE LICENSED PROGRAMS WILL BE UNINTERRUPTED OR ERROR FREE. IN NO EVENT WILL ATECHSO OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF ATECHSO OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall ATECHSO’s or its suppliers’ liability to Customer, whether in contract, tort (including negligence), or otherwise, exceed the price paid by Customer.
FIPS 140-2 Mode : When using aTECHShare with FIPS mode enabled, note that additional product modules licensed from SafeLogic are enabled and usage of those modules are subject to the following additional terms. (a) SafeLogic product must only be used bundled with aTECHShare and cannot be used separately or by itself. (b) You cannot sublicense, assign or transfer the SafeLogic product (c) You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of SafeLogic product or any part thereof except to the extent permitted by law. (c) All rights and Ownership regarding SafeLogic product remains with SafeLogic (d) You expressly understand and agree that your use of SafeLogic product is at your sole risk and that the modules are provided "as is" and "as available" and "without warranty of any kind." IN NO EVENT WILL SAFELOGIC BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF SAFELOGIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (e) You agree that any export or re-export of SafeLogic product will only be done with the appropriate US or foreign government licenses. (f) You agree that license rights cannot exceed standard license rights when used by US or any government.
Termination : Without limiting other remedies, ATECHSO may limit, suspend, or terminate Your License and Your use of aTECHShare, immediately and without notice, explanation, or recourse, if we think that You are in breach of the TOS, creating problems and/or legal liabilities (actual or potential), infringing upon someone else’s intellectual property rights, engaging in fraudulent or illegal activities, or for other similar reasons.
Modifications to TOS : ATECHSO reserves the right to modify the provisions of the TOS. Such changes, modifications, additions or deletions to the TOS shall be effective immediately upon notice thereof, which may be given by means including, but not limited to sending an email to your registered customer email/posting in the forums/posting in the website. You acknowledge and agree that it is your responsibility to review and to be aware of any modifications to the TOS after such communication. Your continued use of aTECHShare after such modifications will constitute your: (a) acknowledgment of the modified TOS; and (b) agreement to abide and be bound by the modified TOS.
Distribution: You are not allowed to distribute the aTECHShare software without the express written consent of an authorized officer of ATECHSO. If you want to make use of the possibility to distribute aTECHShare software, Call ATECHSO at 213-626-1155 stating Your intentions to distribute the aTECHShare Software and defining the applicable media. aTECHShare reserves the right, at its sole discretion, to deny any or all requests to distribute. Unless you are a ATECHSO authorized partner, you agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of aTECHShare, regardless of commercial gain, including but not limited to any selling of related services or attempt to charge for the aTECHShare. You will acknowledge that the provisions of the Agreement must be agreed to by all end users who install the aTECHShare software as part of your distribution. Further, you will not make any indications about aTECHShare’s intellectual property rights illegible or otherwise attempt to impair ATECHSO’s IP rights. In case you are distributing aTECHShare via your website, you are recommended to monitor the aTECHShare website (www.atechshare.com) in order to ensure that You are distributing the latest stable version of the aTECHShare Software as well as that You are aware of any changes in the applicable legal documents. You will at any and all times clearly indicate that the aTECHShare software originates from ATECHSO by providing a link to aTECHShare’s website (www.atechshare.com) in your distribution materials. You agree to indemnify, defend and hold ATECHSO harmless from and against any and all liability and costs, including reasonable attorneys’ fees incurred by said parties, in connection with or arising out of (a) Your distribution of the aTECHShare software, or (b) any breach of violation of the terms and conditions of the distribution terms of this agreement.
Electronic Signature(s): You hereby agree to the use of electronic communication in order to enter into contracts, place orders and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through aTECHShare. Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
Online Behavior : You must exercise respect when participating in any of aTECHShare’s community features such as Forums, Blogs, Email functions, etc. You may not submit or publish through aTECHShare any information that are libelous, defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement on any intellectual property rights of a third party or would otherwise violate the rights of any third party. Furthermore, you may not submit or publish information through aTECHShare that solicits funds or services, contains advertising or include programs that contain viruses or any other programs designed to impair the functionality of any computer.
Submissions : Certain parts of the aTECHShare may ask for written suggestions or problem reports such as using our contact form or problem report form. In such a case, please read carefully the specific terms, which govern those submissions. These submissions shall be deemed the property of ATECHSO unless indicated otherwise. ATECHSO shall exclusively own all now known or hereafter existing rights to the submissions throughout the universe in perpetuity and shall be entitled to use the submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the submissions. In any event, any submissions you send to aTECHShare or ATECHSO will not be treated as confidential and aTECHShare or ATECHSO shall not be liable for any disclosure of the submissions. In case any submission is deemed to be confidential, before submission of these contents it’s your responsibility to inform ATECHSO of the confidential nature of these submissions.
Notification of Copyright Infringement : ATECHSO will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please notify ATECHSO.
Copyright : All content and compilation of content included on our websites, such as text, graphics, logos, button icons, images, audio clips, digital downloads and software, is the property of ATECHSO and is protected by United States and international copyright laws.
Assignment Provisions : We may assign this Agreement and all rights and/or obligations hereunder to any third party without notice for any purpose, including, without limitation, collection of unpaid amounts, or in the event of an acquisition, corporate reorganization, merger or sale of substantially all of the party’s assets to another entity. You hereby consent to such assignment. In this regard, we may assign the rights and obligations under this Agreement in connection with a sale of all or a substantial part of its business to which such rights and obligations pertain. You must continue making all required payments to us in accordance with your billing statement, unless notified otherwise.
Miscellaneous : If, for any reason, any provision of this TOS is held invalid, such invalidity shall not affect the remainder of this TOS, and this TOS shall continue in force and effect to the full extent allowed by law. This TOS shall be construed and controlled by the laws of the State of California, USA. Any dispute concerning or breach of the terms of this Agreement will be governed by the laws of the State of California and hereby submit to personal jurisdiction and binding arbitration in Los Angeles, California as the dispute resolution type and forum for all disputes or controversies arising under this TOS and Your use of aTECHShare. If you have any questions or concerns about this Terms of Use or any issues raised in the TOS or on the sites, please contact ATECHSO at 213-626-1155
Date of Last Revision: March 09, 2022