Terms of Service

Last Updated: November 19, 2013

Thank you for using Bitcasa! These Terms of Service (the “Terms”) govern your access to and use of the Bitcasa, Inc. (“Bitcasa”, “we” or “our”) websites and services (the “Services”), so please carefully read them before using the Services. By using the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.

You may use the Services only in compliance with these Terms. You acknowledge and agree that you have the power to form a contract with Bitcasa and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice or liability to you. We may also remove any content from our Services at our discretion without prior notice or liability to you. Certain features of the Services may be subject to additional guidelines, terms, or rules, which will be posted on the Services in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement. To the extent you are a subscriber that has entered into an agreement relating to the Services with one of our service partners and there is a direct conflict between that agreement and these Terms, the agreement with our service partner applies.

Access to the Service

Subject to the terms of this Agreement and your payment of the applicable fees in accordance with Bitcasa’s Pricing and Refund Policy, Bitcasa grants you a non-transferable, non-exclusive, license to use the Services solely for (a) your personal, noncommercial use if you have subscribed to the Services as an individual user under Bitcasa’s free or standard infinite storage plan or (b) your commercial use in accordance with the applicable restrictions outlined in Bitcasa’s then-current pricing list if you have subscribed to the Services as a commercial user. If at any time Bitcasa reasonably believes in its sole discretion that you are using the Service beyond this scope, Bitcasa may terminate your access to the Service with no additional liability to you. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you shall not access the Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement.

Your Digital Belongings & Your Privacy

By using our Services you may provide us with information, files, and/or folders that you submit to Bitcasa (together, “your digital belongings”). You and/or your suppliers retain full ownership to your digital belongings. We don’t claim any ownership to any of it. These Terms do not grant us any ownership rights to your digital belongings or intellectual property except for the limited rights that are needed to run the Services, as explained below.

We may need your permission to do things you ask us to do with your digital belongings, for example, hosting your data, or sharing it at your direction. This includes product features visible to you, for example, image thumbnails or document previews. It also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services, for example Amazon, which provides our storage space (again, only to provide the Services). As such, you grant, and you represent and warrant that you have the right to grant, to Bitcasa an irrevocable, nonexclusive, royalty-free and fully paid, worldwide, sublicenseable license to reproduce, distribute, publicly display and perform, prepare derivative works of, and otherwise use your digital belongings, solely for the purposes of providing you with the Services.

To be clear, aside from the rare exceptions we identify in our Privacy Policy, no matter how the Services change, we won’t share your content with others for any purpose unless you direct us to. How we collect and use your information generally is also explained in our Privacy Policy.

You are solely responsible for your conduct, the content of your digital belongings and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms, host your digital belongings on the Service, and transmit your digital belongings to others.

We may choose, in our sole discretion, to review public content (e.g., comments on our blog) for compliance with our community guidelines, but you acknowledge that Bitcasa has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.

Sending Your Digital Belongings

The Services provide features that allow you to send your digital belongings to others via a link. When you elect to send digital belongings via a link, please be aware that there are no restrictions on what the recipient will do with the digital belongings you sent. There are many things that other users may do with those digital belongings (for example: view it, download it, copy it, re-send it). Please consider carefully what you choose to send publicly. Please note that if a link you share is posted (by either you or someone you share it with) on a publicly available website, the link may show up in search engines as a part of the “indexing” process that search engines use to identify content and links contained within web pages. Bitcasa has no responsibility for what a recipient will do with the digital belongings you send to them.

Your Responsibilities

Digital content may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You acknowledge and agree that you, and not Bitcasa, are fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service that might harm the Service, any computer network, or other Bitcasa users.

You acknowledge and agree that you, and not Bitcasa, are solely responsible for maintaining and protecting all of your digital belongings. Bitcasa will not be liable for any loss or corruption of your digital belongings, or for any costs or expenses associated with backing up or restoring any of your digital belongings.

If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current.

You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You acknowledge and agree that you, and not Bitcasa, are solely responsible for any activity using your account, whether or not you specifically authorized that activity. You must immediately notify Bitcasa of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data to Bitcasa, it is your responsibility to use a secure connection to communicate with the Services.

Software and Updates

Some use of our Service requires you to download a client software package (“Software”). Bitcasa hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely for the purposes of accessing the Services. Your license to use the Software is automatically revoked if you violate these Terms. We hereby reserve all rights not expressly granted in these Terms. You must not modify, make derivative works of, reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so. Our Services may update the Software on your device automatically when a new version is available and you hereby authorize Bitcasa to automatically update the Software on your device.

Bitcasa Property and Feedback

These terms do not grant you any right, title, or interest in the Services, Software, or the content in the Services. While we appreciate it when users send us feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in public parts of our site or Service (e.g. our forums) without any obligation to you. The Software and other technology we use to provide the Services are the sole property of Bitcasa and its suppliers and are protected by copyright, trademark, and other laws of both the United States and foreign countries. These Terms do not grant you any rights to use the Bitcasa trademarks, logos, domain names, or other brand features.

Acceptable Use

You will not, and will not attempt to, misuse the Services, and will use the Services only in a manner consistent with the Bitcasa Acceptable Use Policy.

Copyright

Bitcasa respects others’ intellectual property and asks that you do too. We will respond to notices of alleged copyright infringement if they comply with the law and are properly provided to us. Such notices should be reported using our DMCA Process. We reserve the right to delete or disable content alleged to be infringing and have a policy for terminating repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is:

copyright@bitcasa.com

Or, mail to:

Copyright Agent
Bitcasa, Inc.
215 Castro St. 2nd Floor
Mountain View, CA 94041

Other Content and Other Users

The Services may contain links to third-party websites or resources. Bitcasa does not endorse and is not responsible or liable for their availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.

Your interactions with other Service users are solely between you and such user. You agree that Bitcasa will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Service user, we are under no obligation to become involved. You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Service users or any third party sites that may be linked to on the Service. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Termination

Though we’d much rather you stay, you can stop using our Services any time by following the directions on the Services. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if we reasonably believe in our sole discretion that you are (a) not complying with these Terms or (b) using the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will make commercially reasonable efforts to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may terminate access and delete your digital belongings immediately without prior notice to you. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, indemnification provisions, warranty disclaimers, access restrictions, and limitations of liability.

Bitcasa is Available “AS-IS”

Though we want to provide a great service, there are certain things about the service we can’t promise. THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND AT YOUR OWN RISK. WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SECURITY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.

BITCASA WILL HAVE NO RESPONSIBILITY FOR ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OR CORRUPTION OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES OR SOFTWARE. SOME STATES DO NOT ALLOW THE TYPES OF DISCLAIMERS IN THIS SECTION, SO THEY MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify and hold Bitcasa (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Service, (ii) your digital belongings, (iii) your violation of these Terms; or (iv) your violation of applicable laws or regulations. Bitcasa reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Bitcasa. Bitcasa will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL BITCASA, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT BITCASA HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.BITCASA’S (AND OUR SUPPLIERS’) AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE SERVICES IS LIMITED TO THE GREATER OR $20 OR THE AMOUNTS PAID BY YOU TO BITCASA FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. SOME STATES DO NOT ALLOW THE TYPES OF LIMITATIONS IN THIS PARAGRAPH, SO THEY MAY NOT APPLY TO YOU.

Modifications

We may revise these Terms in our sole discretion from time to time. When changes are made, we will make the most current version available on our website and will update the “Last Updated” date above. If a revision, in our sole discretion, is material we will notify you via the email address associated with your account. Any changes to the Terms will be effective immediately for new users of the Services and will be effective thirty (30) days after posting notice of such changes on the Service for existing users. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.

Miscellaneous Legal Terms

These Terms and the use of the services and software will be governed by California law except for its conflicts of laws principles. All claims arising out of or relating to these Terms or the Services or software must be litigated exclusively in the federal or state courts of Santa Clara county, California, and both parties consent to venue and personal jurisdiction there. These Terms constitute the entire and exclusive agreement between you and Bitcasa with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. Bitcasa’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but Bitcasa may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Bitcasa and you are not legal partners or agents; instead, our relationship is that of independent contractors.

International Terms

Choice of Language. It is the express wish of the parties that the Terms and all related documents have been drawn up in English. C’est law volone expresse des parties que la presente convention ainsi que les documents qui s’y rattacent soient rediges en anglais.

United Kingdom. A third party who is not a party to the Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any provision of the Terms, but this does not affect any right or remedy of such third party which exists or is available apart from that Act.

Germany. Notwithstanding anything to the contrary in these Terms, Bitcasa is also not liable for acts of simple negligence (unless they cause injuries to or death of any person), except when they are caused by a breach of any substantial contractual obligations (vertragswesentliche Pflichten).

Privacy Policy

This Privacy Policy provides our policies and procedures for collecting, using, and disclosing your information. Users can access the Bitcasa service (the “Service”) through our website www.bitcasa.com, applications on Devices, through APIs, and through third-parties. A “Device” is any computer used to access the Bitcasa Service, including without limitation a desktop, laptop, mobile phone, tablet, or other consumer electronic device. This Privacy Policy governs your access of the Bitcasa Service, regardless of how you access it, and by using our Services you consent to the collection, transfer, processing, storage, disclosure and other uses described in this Privacy Policy. All of the different forms of data, content, and information described below are collectively referred to as “information.”

1. The Information We Collect And Store

We may collect and store the following information when running the Bitcasa Service:

Information You Provide. When you register an account, we collect some personal information, such as your name, phone number, credit card or other billing information, email address and home and business postal addresses. You may also ask us to import your contacts by giving us access to your third party services (for example, your email account) or to use your social networking information if you give us access to your account on social network connection services. When you invite others to join Bitcasa by using our referral page, we send them a one-time email for that referral. You may also provide us with your contacts’ email addresses when sharing folders or files with them. We may also receive Personal Information (for example, your email address) through other users, for example if they have tried to share something with you or tried to refer Bitcasa to you.

Files. We collect and store the files you upload, download, or access with the Bitcasa Service (“Files”). If you add a file to your Bitcasa that has been previously uploaded by you or another user, we may associate all or a portion of the previous file with your account rather than storing a duplicate.

Log Data. When you use the Service, we automatically record information from your Device, its software, and your activity using the Services. This may include the Device’s Internet Protocol (“IP”) address, browser type, the web page visited before you came to our website, information you search for on our website, locale preferences, identification numbers associated with your Devices, your mobile carrier, date and time stamps associated with transactions, system configuration information, metadata concerning your Files, and other interactions with the Service.

Cookies. We also use “cookies” to collect information and improve our Services. A cookie is a small data file that we transfer to your Device. We may use “persistent cookies” to save your registration ID and login password for future logins to the Service. We may use “session ID cookies” to enable certain features of the Service, to better understand how you interact with the Service and to monitor aggregate usage and web traffic routing on the Service. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all aspects of the Service.

2. How We Use Personal Information

Personal Information. In the course of using the Service, we may collect personal information that can be used to contact or identify you (“Personal Information”). Personal Information is or may be used: (i) to provide and improve our Service, (ii) to administer your use of the Service, (iii) to better understand your needs and interests, (iv) to personalize and improve your experience, and (v) to provide or offer software updates and product announcements. If you no longer wish to receive communications from us, please follow the “unsubscribe” instructions provided in any of those communications, or update your account settings information.

Geo-Location Information. Some Devices allow applications to access real-time location-based information (for example, GPS). Our mobile apps do not collect such information from your mobile device at any time while you download or use our mobile apps as of the date this policy went into effect, but may do so in the future with your consent to improve our Services. Some photos and videos you place in Bitcasa may contain recorded location information. We may use this information to optimize your experience. If you do not wish to share files embedded with your geo-location information with us, please do not upload them. If you don’t want to store location data in your photos or videos, please consult the documentation for your camera to turn off that feature. Also, some of the information we collect from a Device, for example IP address, can sometimes be used to approximate a Device’s location.

Analytics. We also collect some information (ourselves or using third party services) using logging and cookies, such as IP address, which can sometimes be correlated with Personal Information. We use this information for the above purposes and to monitor and analyze use of the Service, for the Service’s technical administration, to increase our Service’s functionality and user-friendliness, and to verify users have the authorization needed for the Service to process their requests. As of the date this policy went into effect, we use Google Analytics. To learn more about the privacy policy of Google Analytics, click here, and to learn how to opt out of that service click here.

3. Information Sharing and Disclosure

Your Use. We will display your Personal Information in your profile page and elsewhere on the Service according to the preferences you set in your account. Any information you choose to provide should reflect how much you want others to know about you. Please consider carefully what information you disclose in your profile page and your desired level of anonymity. You can review and revise your profile information at any time. We do not sell your personal information to third parties. We may also share or disclose your information with your consent, for example if you use a third party application to access your account (see below). Through certain features of the Service, you may also have the ability to make some of your information public. Public information may be broadly and quickly disseminated.

Service Providers, Business Partners and Others. We may use certain trusted third party companies and individuals to help us provide, analyze, and improve the Service (including but not limited to data storage, maintenance services, database management, web analytics, payment processing, and improvement of the Service’s features). These third parties may have access to your information only for purposes of performing these tasks on our behalf and under obligations similar to those in this Privacy Policy. As of the date this policy went into effect, we use Amazon’s S3 storage service to store some of your information (for example, your Files). You can find more information on Amazon's data security from the S3 site.

Third-Party Applications. We may share your information with a third party application with your consent, for example when you choose to access our Services through such an application. We are not responsible for what those parties do with your information, so you should make sure you trust the application and that it has a privacy policy acceptable to you.

Business Transfers. If we are involved in a merger, acquisition, or sale of all or a portion of our assets, your information may be transferred as part of that transaction, but we will notify you (for example, via email and/or a prominent notice on our website) of any change in control or use of your Personal Information or Files, or if either become subject to a different Privacy Policy. We will also notify you of choices you may have regarding the information.

Compliance with Laws and Safety. We may also share your information to (i) comply with laws or to respond to lawful requests and legal process, (ii) to protect the rights and property of Bitcasa our agents, customers, and others including to enforce our agreements, policies, and terms of use or (iii) in an emergency to protect the personal safety of its customers or any person.

Non-private or Non-Personal Information. We may disclose your non-private, aggregated, or otherwise non-personal information, such as usage statistics of our Service.

4. Changing or Deleting Your Information

If you are a registered user, you may review, update, correct or delete the Personal Information provided in your registration or account profile by changing your “account settings.” If your personally identifiable information changes, or if you no longer desire our service, you may update or delete it by making the change on your account settings. In some cases we may retain copies of your information if required by law. For questions about your Personal Information on our Service or to request that your Personal Information be modified or deleted, please contact privacy@bitcasa.com.

5. Data Retention

We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services, you may delete your account here. We may retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Consistent with these requirements, we will try to delete your information quickly upon request. Please note, however, that there might be latency in deleting information from our servers and backed-up versions might exist after deletion. In addition, we do not delete from our servers files that you have in common with other users.

6. Bitcasa Community

Our Service offers publicly accessible community services such as blogs, forums, and wikis. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. Your posts may remain even after you cancel your account. For questions about your Personal Information on our Service, please contact privacy@bitcasa.com.

Our Site includes links to other Web sites whose privacy practices may differ from those of Bitcasa. If you submit personal information to any of those sites, your information is governed by their privacy statements. We encourage you to carefully read the privacy statement of any Web site you visit.

7. Security

The security of your information is important to us. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL).

We follow generally accepted standards to protect the information submitted to us, both during transmission and once we receive it. No method of electronic transmission or storage is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our website, you can view our Security Overview Page or contact us at security@bitcasa.com.

8. Our Policy Toward Children

Our Services are not directed to persons under 13. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at privacy@bitcasa.com.

9. Contacting Us

If you have any questions about this Privacy Policy, please contact us at privacy@bitcasa.com or at 215 Castro St. 2nd Floor, Mountain View, CA 94041.

10. Changes to our Privacy Policy

This Privacy Policy may change from time to time. If we make a change to this privacy policy that we believe materially reduces your rights, we will provide you with notice (for example, by email). And we may provide notice of changes in other circumstances as well. By continuing to use the Service after those changes become effective, you agree to be bound by the revised Privacy Policy.

DMCA Policy

Bitcasa (“Bitcasa”) respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website, Bitcasa will respond expeditiously to claims of copyright infringement committed using the Bitcasa service and/or the Bitcasa website (the “Site”) if such claims are reported to Bitcasa’s Designated Copyright Agent identified in the sample notice below.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to Bitcasa’s Designated Copyright Agent. Upon receipt of Notice as described below, Bitcasa will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.

DMCA Notice of Alleged Infringement (“Notice”)

  1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
  2. Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
  3. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice:
    • “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
    • “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
    • Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to Bitcasa’s Designated Copyright Agent:

copyright@bitcasa.com

Or, mail to:

Copyright Agent
Bitcasa, Inc.
215 Castro St. 2nd Floor
Mountain View, CA 94041

Pricing & Refund Policy

Paid Accounts

Bitcasa offers you the option of increasing your account storage space beyond 5 GB either by inviting friends or for a fee. When you choose to increase available storage by paying a fee, your account will be converted to a Paid Account and will not be subject to some of the restrictions placed on Free Accounts as described below.

Bitcasa accepts credit cards and will automatically charge your credit card monthly or yearly, depending upon which Paid Account you select, until you cancel your service in accordance with the directions on our site. For credit cards denominated in a supported currency other than U.S. dollars (USD), your bank or credit card company may charge foreign conversion fees. Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment of all such taxes, levies or duties.

If any fee is not paid in a timely manner, or Bitcasa is unable to process your transaction using the credit card information provided, Bitcasa reserves the right to revoke access to your Bitcasa account and files with no liability to you. If you do not bring your Bitcasa balance current within five (5) days after Bitcasa provides you with notification that your account is in arrears, Bitcasa reserves the right to use our discretion to delete some or all of Your files so as to reduce your storage space to within the allowed limit, and to convert your Bitcasa Paid Account to a Free Account (which is subject to the restrictions described below) with no liability to you.

Billing

The fees for your Paid Account will be billed from the date you elect, or convert to, a Paid Account and on each monthly or yearly renewal thereafter unless and until you cancel your account. Click on the link on your "Account Billing" page to see the commencement date for your next renewal period. Bitcasa will automatically bill your credit card each month or year on the calendar day corresponding to the commencement of your Paid Account. In the event your Paid Account began on a day not contained in a given month or year, Bitcasa will bill your credit card on the last day of such month or year. For example, if your Paid Account began on January 31st, February 28th is the next time your credit card would be billed. You acknowledge that the amount billed each month or year may vary for reasons that include, differing amounts due to promotional offers, differing amounts due to changes in your account, or changes in the amount of applicable sales tax, and you authorize us to charge your credit card for such varying amounts. Bitcasa may also periodically authorize your credit card in anticipation of account or related charges. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods.

Should you elect to upgrade to a different Paid Account, your next renewal period will begin after your current subscription ends. For example, if you begin your monthly billed Paid Account on February 1st, your next payment would be due on March 1st. On February 15th, you upgrade your monthly Paid Account to a yearly Paid Account.Your yearly subscription will begin (and be billed) on March 1st.

Bitcasa may change the fees and charges in effect, or add new fees and charges from time to time, provided that any changes will not take effect until your subscription renews and we will give you advance notice of these changes by email. If you want to use a different credit card or if there is a change in your credit card validity or expiration date, you may edit your information by accessing your "Account Billing" page. If your credit card reaches its expiration date, your continued use the Bitcasa constitutes your authorization for us to continue billing that credit card and you remain responsible for any uncollected amounts. It is your responsibility to keep your contact information and payment information current and updated.

Cancelling Your Account

Your Bitcasa Paid Account will continue in effect unless and until you cancel your Paid Account in accordance with the directions on the site or we terminate it. You must cancel your Paid Account before it renews each month or year in order to avoid billing of the next month's or year's fees to your credit card. Bitcasa will bill the monthly or yearly fees associated with your Paid Account plus any applicable tax to the credit card you provide to us during registration (or to a different credit card if you change your account information).

No Refunds

Bitcasa Paid Accounts are prepaid and are non-refundable. Bitcasa DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTHS OR YEARS. You may cancel your Bitcasa Paid Account at anytime, and cancellation will be effective immediately. If you wish to cancel your Paid Account you may do so via your "Account Billing" page. Should you elect to cancel your Paid Account, please note that you will not be issued a refund for the most recently (or any previously) charged monthly fees.

By signing up for a Bitcasa Paid Account and providing Bitcasa with your payment account information, you hereby agree to these payment terms and conditions.

Free Accounts

Bitcasa allows you to store up to 5 GB free of charge and allows you to increase your storage capacity by up to 15 extra GB for free by inviting your friends. Free users get 1 GB of extra storage capacity for each referred friend, once that friend installs and registers with Bitcasa. The referred friend will also get 1 GB of extra storage capacity.

Bitcasa reserves the right to terminate Free Accounts at any time, with or without notice. Without limiting the generality of the foregoing, if a Free Account is inactive for ninety (90) days, then Bitcasa may delete any or all of Your Files without providing additional notice.

Bitcasa allows you a temporary "grace period" when exceeding 5 GB of storage with a Free Account. However, if you do not upgrade your account, or free up space to return below 5 GB, within fourteen (14) days of Bitcasa notifying you, Bitcasa reserves the right to block future uploads and/or access to your account until the problem is resolved. If it is still not resolved within 90 days, Bitcasa reserves the right to delete any or all of Your Files without providing additional notice.

Security Overview

We provide this overview so that you can better understand the security measures we’ve put in place to protect the information that you store using Bitcasa.

Secure Storage

We encrypt the data that you store on Bitcasa using AES-256, which is the same encryption standard used by banks to secure customer data. Data is encrypted on the desktop client before it is uploaded. For mobile clients, data may be encrypted on the server instead of the client.

Bitcasa uses Amazon S3 for data storage. Amazon stores data over several large-scale data centers. According to Amazon, they use military grade perimeter control berms, video surveillance, and professional security staff to keep their data centers physically secure.

You can find more information about Amazon's security at the Amazon Web Services' website. Amazon and Bitcasa also employ significant protection against network security issues such as Distributed Denial of Service (DDoS) attacks, Man in the Middle (MITM) attacks, and packet sniffing.

Secure Transfers

Your files are sent between Bitcasa’s desktop clients and our servers over a secure channel using 256-bit SSL (Secure Sockets Layer) encryption, the standard for secure Internet network connections.

Your files are sent between Bitcasa’s mobile apps and our servers over a secure channel using 256-bit SSL encryption where supported. Not all mobile media players support encrypted streaming, so media files streamed from our servers are not always encrypted.

Your Data is Backed Up

Bitcasa and Amazon keep redundant backups of all data over multiple locations to prevent the remote possibility of data loss. In the unlikely event that this redundancy were to fail, folders that you have chosen to Sync using Bitcasa will still contain copies of your files. However, backups can fail, so it is your responsibility to make sure that you have independently backed up your data.

Privacy

We work hard to protect your information from unauthorized access. Bitcasa employees cannot view the content of the files you store in your Bitcasa account. In addition, we employ a number of physical and electronic security measures to protect user information from unauthorized access.

Third-party Apps

If you choose to access Bitcasa using third-party applications (“apps”), be aware that those apps utilize their own security protocols and have their own privacy policies. If you’re not comfortable with the privacy and security features of those apps, you shouldn’t use them to access Bitcasa. For example, third-party apps might not employ encryption when transmitting data, might collect information that Bitcasa does not, and might use information differently than Bitcasa does.

How to Add Your Own Layer of Encryption to Bitcasa

Bitcasa applies encryption to your files on the desktop before they have been uploaded. Users who wish to manage their own encryption keys can apply encryption before storing their files on Bitcasa. Please note that if you encrypt files before uploading them, some features will not be available, such as creating public links. Doing so will also make it impossible for us to recover your data if you lose your encryption key.

I think I've found a security exploit. Where do I report security concerns?

We take a number of measures to ensure that the data you store on Bitcasa is safe and secure. While we're very confident in our technology, we recognize that no system can guarantee data security with 100% certainty. For that reason, we will continue to innovate to make sure that our security measures are state of the art, and we will investigate any and all reported security issues concerning Bitcasa's services or software. For a direct line to our security experts, report security issues to security@bitcasa.com. We'll fully credit anybody whose reports lead to the improvement of Bitcasa security. A list of those who have contributed reports leading to a bug or security issue can be found on our special thanks page.

Acceptable Use

Bitcasa is proud of the trust you place in us to store your valuable data. In exchange, we trust you to use our services responsibly.

Unless you are paying for a commercial account, your Bitcasa account is for non-commercial, personal use only, and use of a single Bitcasa account by any corporation or small business entity is strictly prohibited. If you have a commercial account, you may only use that account in accordance with the limitations associated with your pricing tier.

You agree not to misuse the Bitcasa services. For example, you must not, and must not attempt to, use the services to do the following things.

  • probe, scan, or test the vulnerability of any system or network;
  • breach or otherwise circumvent any security or authentication measures;
  • access, tamper with, or use non-public areas of the Service, shared areas of the Service you have not been invited to, or Bitcasa (or our service providers’) computer systems;
  • interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
  • disclose your individual account password or share your account credentials with any third party or otherwise allow a third party to access your account;
  • plant malware or otherwise use the Services to distribute malware;
  • attempt or engage in any potentially harmful acts that are directed against the Bitcasa services, including but not limited to violating or attempting to violate any security features of the Bitcasa services (or otherwise take advantage of any defect in the Bitcasa services), using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in the Bitcasa services or otherwise access or search the Services by any means other than our publicly supported interfaces;
  • attempt or engage in any activity that might overwhelm or place a burden on the Bitcasa services;
  • send unsolicited communications, promotions or advertisements, or spam;
  • send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
  • publish anything that is fraudulent, misleading, or infringes another's rights;
  • promote or advertise products or services other than your own without appropriate authorization;
  • impersonate or misrepresent your affiliation with any person or entity;
  • abuse Bitcasa referrals to get more credit for referrals than deserved;
  • publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;
  • violate the law in any way, or to violate the intellectual property or privacy rights of others, or to defame others.
© 2014 Bitcasa.

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