Visor del documento
Nombre Último Cambio
Hightail (en) - Política de Privacidad y Puerto Seguro 01-jul-2018 | 99,84%
Cambio importante no indicado
# Antigua Versión Nueva Versión
0 Skip to a section: Skip to a section:
1 Table of Contents Table of Contents
2 TermsLicense TermsServices
3 Feedback Feedback
4 OwnershipCopyrightWarranty and Disclaimers OwnershipWarranty and Disclaimers
5 Limitation on LiabilityTerm and Termination Limitation on Liability
6 General Provisions
7 Hightail for Business Terms
8 Usage Rights and Restrictions; Changes
9 Fees
10 Feedback
11 Ownership
12 Copyright
13 Warranty/Disclaimers and Service Availability
14 Confidentiality and Security
15 Indemnity
16 Limitation on Liability
17 Term and Termination
18 General Provisions
19 Privacy
20 Definitions
21 Certification
22 Information Collected by Hightail
23 How We Use and Share Personal Information
24 Information Security
25 Contacting Us
26 Changes to This Privacy Policy
27 Terms of Service
28 By using a Hightail service (“Service”), which is run by Hightail, Inc. (“Company”), you (“Licensee”) automatically agree to these Terms of Service (“Terms”), so you should first read them carefully. If you use the Service on behalf of a company (such as your employer) or other legal entity, you represent that you have the authority to bind that company or other legal entity to these Terms. If you do not agree to these Terms, you should not use the Service. These Terms and any ancillary order for the Service submitted by you through a Company generated order process shall constitute a binding agreement between you and Company (“Agreement”).
29 You should also read the Hightail Privacy Policy , incorporated herein by reference, to understand how we deal with personal information we collect from you and others.
30 1. LICENSE.
31 1.1 Grant of License.
32 Subject to Licensee’s compliance with the terms and conditions of these Terms, Company hereby grants to Licensee a limited, nonexclusive, nontransferable, revocable license, during the term hereof, to use the Service in accordance with the documentation describing its functionality.
33 1.2 License Fees.
34 It is understood that during this license term, the Service may be offered by Company on either a free or “for pay” basis, depending on your requirements and the limits of the free Service set by Company from time to time. [For multi-user accounts, you should contact the Company’s sales department for additional information and appropriate subscription documentation.] Should you register for a paid subscription, you agree to pay the license fee(s) publicized by the Company at the time you enter into the Agreement and on any renewal thereof, along with all applicable taxes that may be imposed from time to time.
35 If Company is unable to charge your payment method (i.e. due to the expiration of your credit card), you are still obliged to pay Company the amounts to which you are committed under this Agreement. All fees are non-refundable, and are to be paid in US Dollars unless another currency was specified when you made your purchase. You are solely responsible for any fees imposed by your credit card company, including exchange rate or foreign transaction fees.
36 1.3 License Restrictions.
37 Licensee acknowledges that the Service contains trade secrets of Company and its licensors, and, in order to protect such trade secrets and other interests that Company and its licensors may have in the Service, Licensee agrees not to reverse engineer, decompile or disassemble the Service or authorize a third party to do any of the foregoing. Licensee will not attempt to modify the Service. Licensee will not distribute sell, sublicense or otherwise transfer the Service. Additionally, Licensee agrees not to:
38 Share its account with any other person or entity;
39 Not to create multiple, free accounts under different or fake identities or otherwise that enables Licensee, intentionally or otherwise, to exceed the usage limits associated with the Service;
40 Upload, store, access or transmit any file: (i) that Licensee does not have the lawful right to copy, transmit, distribute, and display (including any files that would violate any confidentiality or fiduciary obligations that you might have with respect to the files); (ii) for which you do not have the consent or permission of each identifiable person in the files to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the files); (iii) that infringes or misappropriates the intellectual property rights or violates the privacy rights of any third party (including without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, moral right, or right of publicity); (iv) that is false or misleading; (v) that is defamatory; (vi) that is obscene, pornographic, or offensive; (vii) that promotes bigotry, racism, hatred, or harm against any individual or group; or (viii) that violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
41 Access, tamper with, or use any non-public areas of the Service or Company’s computer systems, or the technical delivery systems of Company or its providers;
42 Attempt to probe, scan, or test the vulnerability of the Service, or any related system, or network, or breach any security or authentication measures used in connection with the Service and such systems and networks;
43 Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Service;
44 Send unsolicited email, junk mail, spam, chain letters, promotions or advertisements for products or service; or
45 Harm or threaten to harm other users in any way, or interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Service.
46 1.4 Limited Rights.
47 Licensee’s rights in the Service will be limited to those expressly granted in Section 1.1. Company and its licensors reserve all rights and licenses in and to the Service not expressly granted to Licensee under these Terms.
48 1.5 Changes to Service.
49 Company may identify opportunities for making changes to the Service, including which features, benefits or restrictions apply, and the business model under which the Service is being offered. Company reserves the right to make such changes periodically as it deems to be in the best interests of the Service. Should Company determine that a change is needed that reduces the functionality of the Service in a material manner, Company will issue a notification summarizing the effects of such a change.
50 Also, if Licensee has established an account with Company and subsequently makes changes to the account, it may affect the Service provided. For example, if Licensee cancels a paid subscription and continues to use a free account, certain features or benefits may no longer be available to Licensee.
51 If Licensee’s account fails to meet the requirements of the Service, Company may take all reasonable remedial measures at its sole discretion, including the suspension of access to or deletion of files and/or Spaces. Additionally, Company may suspend or terminate Licensee’s free access to the Service or paid subscription if Licensee’s usage, in Company’s reasonable opinion, does not comply with the features, benefits and restrictions that are applicable at that time or causes interference with the normal functioning of the Service. By way of example only, Licensee’s abuse of Company’s cloud storage limitations shall be cause for suspension or termination of access to the Service.
52 1.6 Third Party Applications and Software.
53 Company may provide software applications that Licensee can use with the Service. Subject to Licensee’s compliance with these Terms, Company grants Licensee a limited non-exclusive, non-transferable, non-sublicensable license to download and install a copy of each application on a mobile device or computer that it owns or controls, and to run such copy of the application solely for its own personal use with the Service. Additional terms may apply to any application accessed through or downloaded from third parties, Licensee shall be solely responsible for complying therewith and Company disavows any liability pertaining to such third party applications, including the performance thereof. Additionally, in conjunction with providing a Service, Company may utilize third party open source software, for which Company has procured appropriate licenses.
54 1.7 Licensee Permissions.
55 Some of the features of the Service are designed to upload, download and synchronize files between Licensee’s computer or other devices (such as Licensee’s phone or tablet) and Company’s servers. Depending on the features used, this can happen automatically. By using the Services, Licensee gives Company permission to access Licensee’s computer and other devices for the purpose of providing the Services to Licensee. Furthermore, to the extent necessary for Company to provide the Service (and only as necessary), you give us and our third party service providers permission to take all necessary actions in processing files, including modifications and annotations thereto, uploaded in connection with Licensee’s usage of the Service.
56 Back to Top
57 2. FEEDBACK.
58 Licensee may periodically provide Company with feedback. All feedback, comments, and suggestions for improvements that Licensee provides to Company hereunder are referred to collectively as “Licensee Feedback.” Licensee hereby irrevocably transfers and assigns to Company and agrees to irrevocably assign and transfer to Company all of Licensee’s right, title, and interest in and to all Licensee Feedback, including all worldwide patent rights (including patent applications and disclosures), copyright rights, trade secret rights, and other intellectual property rights (collectively, “Intellectual Property Rights”) therein.
59 Back to Top
60 3. OWNERSHIP.
61 Licensee acknowledges and agrees that, as between the parties, Company owns all right, title, and interest in and to the Service, including all Intellectual Property Rights therein, even if Company incorporates any Licensee Feedback into subsequent versions of the Service. Licensee will not earn or acquire any rights or licenses in the Service or in any Company Intellectual Property Rights on account of this Agreement or Licensee’s performance under this Agreement. Licensee will not use or disclose any Licensee Feedback to any other entity other than Company.
62 Company acknowledges and agrees that, as between the parties, Licensee owns all right, title and interest in and to the content it uploads to a Service, including Licensee files.
63 Back to Top
64 4. COPYRIGHT.
65 Company respects copyright law and expects its users to do the same. Our policy is, in appropriate circumstances, to terminate accounts of users who repeatedly infringe the rights of copyright holders. Company reserves the right, in its sole discretion, at any time and without prior notice, to remove or disable access to any files that we believe to be in violation of these Terms or otherwise harmful. You should also read our Copyright Policy , incorporated herein by reference.
66 Back to Top
67 5. WARRANTY AND DISCLAIMERS.
68 5.1 Warranty.
69 Company warrants that (i) it has all rights and permits to offer the Service, and ii) the Service will function substantially in conformance with Company documentation describing its functionality.
70 5.2 Warranty Disclaimers.
71 Except as expressly set forth herein, Licensee acknowledges that the Service is being provided “AS IS.” COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
72 5.3 Licensee Data.
73 Company shall utilize industry standard techniques to fully secure its systems and infrastructure utilized in providing the Service in order to protect the data and information stored thereon from third party intrusions (the “Hightail Security Commitment”). Except in the event of a failure to meet the Hightail Security Commitment, Licensee is solely responsible for maintaining and protecting all data and information that is stored, retrieved or otherwise processed by the Service, the Hightail website, any Hightail software application, or any Licensee file. Without limiting the foregoing, Licensee will be responsible for all costs and expenses that Licensee or others may incur with respect to backing up, and restoring and/or recreating any data and information that is lost or corrupted as a result of Licensee’s use of the Service, the Hightail website, any Hightail software application, or any Licensee file. Licensee acknowledges and agrees that while Company will make commercially reasonable efforts to maintain files uploaded to the Service for the duration of each subscription, the Service is not intended as a file storage repository, and thus except in the event of Licensee’s wilful misconduct, Licensee shall not be responsible for any failure of the Service to store a file, for the deletion of a file stored on the Service, or for the corruption of or loss of any data, information or content contained in a file.
74 Back to Top
75 6. LIMITATION ON LIABILITY.
76 IN NO EVENT WILL COMPANY BE LIABLE TO LICENSEE OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE INSTALLATION OR USE OF OR INABILITY TO USE THE SERVICE OR FOR ANY ERROR OR DEFECT IN THE SERVICE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE PARTIES HAVE AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN THE EVENT OF ANY DIRECT DAMAGES OR IF THE ABOVE TERMS ARE FOUND TO BE CONTRARY TO THE LAWS OF ANY APPLICABLE JURISDICTION, THE COMPANY’S MAXIMUM LIABILITY VIS-A-VIS EACH LICENSEE IS LIMITED TO THE GREATER OF A) THE AMOUNT PAID BY LICENSEE FOR THE SERVICE IN THE 12 MONTH PERIOD PRIOR TO THE DATE THE LICENSEE’S CLAIM AROSE AND B) US$250.00.
77 Back to Top
78 7. TERM AND TERMINATION.
79 7.1 Term and Automatic Renewal Term.
80 The term of the Service and this Agreement shall be determined based on the subscription purchased by Licensee. A free subscription shall not have a predefined term, and Company reserves the right to terminate it at any time; Company will endeavor to provide advance notice of termination of a free subscription, though it is not contractually obligated to do so. All paid Service subscriptions will automatically renew for additional subscription period(s) equal in time to the original subscription at the then current Company price and subject to these Terms, unless either party gives the other party notice of non-renewal at least 30 days prior to the end of the relevant subscription period (for a quarterly or annual subscription) or 10 days prior to the end of a monthly subscription.
81 7.2 Termination.
82 Company reserves the right to change, suspend or terminate the Service and your subscription (free or paid), or any part of it, at any time, at its reasonable discretion. You also have the option of canceling your subscription at any time. In the event of such termination, you will lose all data related to your subscription. Company encourages you to implement appropriate measures to periodically backup your data related to your subscription in other data depositories. Please note we will not delete any paid subscriptions due solely to volume of data stored.
83 With respect to free subscriptions, either party may terminate the Agreement and Company’s provisioning of the Service at any time, with or without cause. In addition to other termination provisions, we reserve the right to terminate and delete your free subscription if you have not accessed the Service for 12 or more consecutive months. In the event of such deletion, any data you may have stored will be lost. We will, of course, prior to deleting the free subscription provide you with notice via the email address associated with your subscription and the opportunity to retain your data by signing up for a paid subscription.
84 With respect to paid subscriptions, either party may terminate these Terms and any related order for cause upon 21 days’ written notice of a material breach to the other party if such breach remains uncured at the expiration of such period. In the event of such termination, any data you may have stored will be lost.
85 7.3 Effect of Termination.
86 Upon any termination or expiration of the Agreement and/or the Service: (a) the rights and licenses granted to Licensee hereunder will automatically terminate and (b) all data associated with a Licensee's subscription will be deleted. Should Company be forced to proceed with a collections action as a result of a breach of Licensee’s obligation to pay its license fee(s), Company shall be entitled to recover its costs of collection, including reasonable attorneys fees.
87 7.4 Survival.
88 The provisions of Sections 1.2 (only in so far as relating to license fees generated prior to termination), 2, 3, 5, 6, 7.3, 7.4 and 8 will survive any termination or expiration of the Agreement.
89 Back to Top
90 8. GENERAL PROVISIONS.
91 8.1 Assignment.
92 Licensee may not assign its rights to use the Service or this Agreement, in whole or in part, by operation of law or otherwise, without the prior written consent of Company. Any attempted assignment without such consent will be null and of no effect. Company shall be entitled to assign the Agreement and/or the Service to a third party successor in interest to Company.
93 8.2 Governing Law.
94 This Agreement will be governed by and construed in accordance with the laws of the State of California, USA (excluding its body of law controlling conflicts of law). The parties expressly agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in the Northern District of California and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.
95 8.3 Severability.
96 If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such provision will be construed so as to be enforceable to the maximum extent permissible by law, and the remaining provisions of the Agreement will remain in full force and effect.
97 8.4 Waiver.
98 The waiver of any breach or default will not constitute a waiver of any other right hereunder or of any subsequent breach or default.
99 8.5 Notices.
100 All notices required or permitted under this Agreement will be in writing and delivered in person, by confirmed facsimile transmission, by email to a contact email provided by a party, by overnight delivery service, or by registered or certified mail, postage prepaid with return receipt requested, and in each instance will be deemed given upon receipt. All communications will be sent to the Hightail address set forth above or to such other address as may be specified by either party to the other in accordance with this Section or, in the case of Licensee, as specified by Licensee either during the registration process or during usage of the Service.
101 8.6 Entire Agreement.
102 The Agreement constitutes the entire and exclusive agreement between the parties pertaining to the subject matter hereof, and supersedes any and all prior agreements, communications, and understandings (both written and oral) regarding such subject matter. These Terms may be modified by Company from time to time, and for paid subscriptions, Company shall provide advance written notice to Licensee either via a posting on Company’s website or through Licensee’s account. For paid subscriptions, the new terms shall come into force only upon the beginning of a renewal term, and for free subscriptions, the new terms shall be enforceable immediately. Should a free subscription Licensee not agree with the amended terms, it should immediately cease usage of the Service, and should a paid subscription Licensee not agree with the amended terms, it has the right to terminate the Agreement at the end of its then current term (i.e. before a renewal term commences), in accordance with the termination provisions set forth above. Licensee’s continued usage of the Service following the date the amended terms come into force shall be evidence of Licensee’s agreement to the amended terms (and the amended terms thereafter shall become the “Terms,” as used herein).
103 Hightail for Business Terms
104 These Hightail® Terms of Service for Businesses (“Terms”), together with any order and any other documents or terms expressly incorporated by reference herein or incorporating these Terms, form a legal agreement (“Agreement”) between the business entity bound by these Terms (“Subscriber”) and Hightail, Inc. (“Hightail”), a Delaware corporation, that govern all access to and use of Hightail services (the “Service(s)”) including free trials. Where the context allows, the term “Subscriber” also includes “Authorized Users,” as defined under Section 1 below.
105 The Agreement may be accepted by (1) Subscriber and Hightail fully executing an order form that incorporates these Terms; (2) Subscriber and Hightail agreeing to these Terms in a written format other than an order form; or (3) Subscriber accessing or using any part of the Services.
106 The Hightail Privacy Policy is incorporated herein by reference and includes information on how Hightail deals with personal information it collects in connection with the Services.
107 1. Usage Rights and Restrictions; Changes
108 1.1 Grant of Usage Rights
109 Subject to Subscriber’s compliance with the terms and conditions of the Agreement, Hightail hereby grants to Subscriber a limited, nonexclusive, nontransferable, revocable right, during the term hereof, to use the Services in accordance with the Hightail generated documentation describing the associated functionality. Subscriber’s subscription will allow use of the Services by a limited number of Subscribers’ authorized employees and consultants (“Authorized Users”) on an individual basis. Subscriber agrees not to i) allow anyone to use the Services other than the Authorized Users designated by Subscriber, and ii) to only enable individual Authorized Users access to the Services and not create group (i.e. distribution) lists as Authorized User(s). The maximum number of Authorized Users under Subscriber’s subscription is as indicated in the Agreement. If Subscriber wishes to designate Authorized Users in excess of its current maximum number of Authorized Users, Subscriber must purchase an additional subscription permitting such greater number of Authorized Users, for an additional fee. All access and use of the Services by Subscriber’s Authorized Users shall be deemed to be access and use by Subscriber for purposes of this Agreement, and Subscriber is fully responsible for the actions of its Authorized Users.
110 1.2 Account and Passwords
111 In order to use at least some of the Services, Subscriber must register and create a Hightail account. A Hightail account will be created for Subscriber’s appointed administrator as part of Hightail’s account provisioning process. Using available tools, the appointed administrator will be able to provision the use of the Service by Authorized Users. The administrator will identify an Authorized User via a name and an email address. In creating its account, Subscriber agrees to provide accurate, current, and complete information. Subscriber is responsible for safeguarding the passwords that Authorized Users use to access the Services. Subscriber agrees not to disclose any such passwords to any third party. Subscriber agrees to take sole responsibility for any activities or actions under such passwords, whether or not Subscriber has authorized such activities or actions. Subscriber will immediately notify Hightail of any unauthorized use of any such passwords. Subscriber is responsible for keeping its account information current and accurate; Hightail will have no liability for failure to deliver notices that result from inaccurate account information or otherwise.
112 1.3 Usage Restrictions
113 Subscriber acknowledges that the Services contain trade secrets of Hightail and its licensors, and, in order to protect such trade secrets and other interests that Hightail and its licensors may have in the Services, Subscriber agrees not to reverse engineer, decompile or disassemble the Services or authorize a third party to do any of the foregoing. Subscriber will not attempt to modify the Services. Subscriber will not distribute sell, sublicense or otherwise transfer the Services. Additionally, Subscriber agrees not to:
114 Share its account with any other person or entity except for Authorized Users;
115 Upload, store, access, modify or transmit any file: (i) that Subscriber does not have the lawful right to copy, transmit, modify, distribute, and display (including any files that would violate any confidentiality or fiduciary obligations that Subscriber might have with respect to the files); (ii) for which Subscriber does not have the consent or permission of each identifiable person in the files to use the name, voice, signature, photograph, or likeness of each such person (to the extent included in the files); (iii) that infringes or misappropriates the intellectual property rights or violates the privacy rights of any third party (including without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, moral right, or right of publicity); (iv) that is false or misleading; (v) that is defamatory; (vi) that is obscene, pornographic, or offensive; (vii) that promotes bigotry, racism, hatred, or harm against any individual or group; or (viii) that violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
116 Access, tamper with, or use any non-public areas of the Services or Hightail’s computer systems, or the technical delivery systems of Hightail or its providers;
117 Attempt to probe, scan, or test the vulnerability of the Services, or any related system, or network, or breach any security or authentication measures used in connection with the Services and such systems and networks;
118 Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services; or
119 Harm or threaten to harm other users or third parties in any way, or interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Services or other users/third parties.
120 1.4 Limited Rights
121 Subscriber’s rights in the Services will be limited to those expressly granted in Section 1.1. Hightail and its licensors reserve all rights and licenses in and to the Services not expressly granted to Subscriber under these Terms.
122 1.5 Subscriber Permissions
123 Some of the features of the Services are designed to share, upload, download and synchronize files between Subscriber’s computer or other devices (such as Subscriber’s cell phone) and Hightail’s servers. Depending on the features used, this can happen automatically. By using the Services, Subscriber gives Hightail permission to access Subscriber’s computer and other devices for the purpose of providing the Services to Subscriber. Furthermore, to the extent necessary for Hightail to provide the Services (and only as necessary), Subscriber grants Hightail and its third party service providers permission to take all necessary actions in processing files, including modifications and annotations thereto, uploaded to the Services or sent in connection with Subscriber’s usage of the Services.
124 1.6 Changes to Services
125 Hightail may identify opportunities for making changes to the Services, including which features, benefits or restrictions apply, and the business model under which the Services are being offered. Hightail reserves the right to make such changes periodically as it deems to be in the best interests of the Services. Should Hightail determine that a change is needed that reduces the functionality of the Services in a material manner, Hightail will issue a notification summarizing the effects of such a change.
126 Also, if Subscriber has established an account with Hightail and subsequently makes changes to the account, it may affect the Services provided. For example, if Subscriber chooses not to renew a paid subscription and continues to use a free account, certain features or benefits may no longer be available to Subscriber.
127 Back to Top
128 2. Fees
129 Except in the case of a free trial, it is understood that during the usage term, Subscriber agrees to pay the service fee(s) set forth in the Agreement. Subscriber shall be obliged to pay all applicable taxes that may be imposed from time to time on the Services (except those based on the net income of Hightail for which Hightail is legally responsible).
130 All fees are non-refundable, and are to be paid in US Dollars unless another currency was specified by Hightail at the time of purchase. Subscriber is solely responsible for any fees imposed by its credit card company, including exchange rate or foreign transaction fees.
131 Back to Top
132 3. Feedback
133 Subscriber may periodically provide Hightail with feedback from time to time. All feedback, comments, and suggestions for improvements that Subscriber provides to Hightail hereunder are referred to collectively as “Subscriber Feedback”. Subscriber hereby irrevocably transfers and assigns to Hightail all of Subscriber’s right, title, and interest in and to all Subscriber Feedback, including all worldwide patent rights (including patent applications and disclosures), copyright rights, trade secret rights, and other intellectual property rights (collectively, “Intellectual Property Rights”) therein.
134 Back to Top
135 4. Ownership
136 Subscriber acknowledges and agrees that, as between the parties, Hightail owns all right, title, and interest in and to the Services, including all Intellectual Property Rights therein, even if Hightail incorporates any Subscriber Feedback into subsequent versions of the Services. Subscriber will not earn or acquire any rights or licenses in the Services or in any Hightail Intellectual Property Rights on account of this Agreement or Subscriber’s performance under this Agreement. Subscriber will not use or disclose any Subscriber Feedback to any other entity other than Hightail.
137 Furthermore, as between the parties, Subscriber owns all right, title and interest in and to the files, data and other information Subscriber and/or its Authorized Users make available through the Services.
138 Back to Top
139 5. Copyright
140 Hightail respects copyright law and expects its users to do the same. Hightail’s policy is, in appropriate circumstances, to terminate accounts of users who repeatedly infringe the rights of copyright holders. Hightail reserves the right, in its sole discretion, at any time and without prior notice, to remove or disable access to any files or an account that it reasonably believes to be in violation of these Terms or otherwise harmful.
141 In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website, Hightail will respond expeditiously to claims of copyright infringement committed using the Services that are reported to the Hightail Designated Copyright Agent identified in Hightail’s Copyright Policy. Hightail’s Copyright Policy is incorporated herein by reference and includes additional information on Hightail’s commitments regarding copyrighted material.
142 Back to Top
143 6. Warranty/Disclaimers and Service Availability
144 6.1 Warranty
145 Hightail warrants that (i) it has all rights and permits to offer the Services, and ii) the Services will function substantially in conformance with Hightail documentation describing their functionality.
146 6.2 Warranty Disclaimers
147 EXCEPT AS EXPRESSLY SET FORTH HEREIN, SUBSCRIBER ACKNOWLEDGES THAT THE SERVICES ARE BEING PROVIDED “AS IS.” HIGHTAIL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. FURTHERMORE, THE SERVICES MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES. SUBSCRIBER ACKNOWLEDGES AND AGREES THAT HIGHTAIL IS NOT RESPONSIBLE OR LIABLE FOR: (I) THE AVAILABILITY OR ACCURACY OF SUCH WEBSITES; OR (II) THE CONTENT, PRODUCTS, OR SERVICES ON OR AVAILABLE FROM SUCH WEBSITES. LINKS TO SUCH WEBSITES DO NOT IMPLY ANY ENDORSEMENT BY HIGHTAIL OF SUCH WEBSITES OR THE CONTENT, PRODUCTS, OR SERVICES AVAILABLE FROM SUCH WEBSITES. SUBSCRIBER ACKNOWLEDGES SOLE RESPONSIBILITY FOR AND ASSUMES ALL RISK ARISING FROM ITS USE OF ANY SUCH WEBSITES.
148 6.3 Service Availability
149 Hightail’s goal is for the Services to be available 24 hours a day, seven days a week; however it is possible that on occasion the Services may be unavailable to permit maintenance or other development activity to take place, or due to unanticipated force majeure events (as more fully described below). If, for any reason it becomes necessary for Hightail to interrupt the Services for longer periods than Hightail would normally expect, Hightail will use reasonable endeavors to publish in advance details of such activity on its website.
150 Back to Top
151 7. Confidentiality and Security
152 7.1 Confidentiality
153 Unless the relevant party has the prior written consent of the other or unless required to do so by law:
154 Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with this Agreement. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.
155 Each party’s obligations under this clause will survive termination of this Agreement.
156 The provisions of clauses 7.1.a and 7.1.b shall not apply to any information which:
157 is or becomes public knowledge other than by a breach of this clause;
158 is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
159 is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
160 is independently developed without access to or usage of the Confidential Information as shown by the written records of the party relying on this provision.
161 As used above, "Confidential Information" includes all information of a proprietary or confidential nature exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Services and business terms of this Agreement.
162 7.2 Security
163 Hightail shall utilize industry standard techniques to fully secure its systems and infrastructure utilized in providing the Services in order to protect the data and information stored thereon from third party intrusions (the “Hightail Security Commitment”). Except in the event of a failure to meet the Hightail Security Commitment, Subscriber is solely responsible for maintaining and protecting all files, data and information that are stored, retrieved, sent or otherwise processed by the Services, the Hightail website, and any Hightail software application. Without limiting the foregoing, Subscriber will be responsible for all costs and expenses that Subscriber or others may incur with respect to backing up, and restoring and/or recreating any file, data and information that is lost or corrupted as a result of Subscriber’s use of the Services, the Hightail website, and any Hightail software application. Subscriber acknowledges and agrees that while Hightail will make commercially reasonable efforts to maintain files uploaded to the Services for earlier of i. the duration of each subscription or ii. the end of a pre-designated expiration date, the Services are not intended as a file storage repository; thus except in the event of Hightail’s willful misconduct or failure to adhere to the Hightail Security Commitment, Hightail shall not be responsible for any failure of the Services to store a file, for the deletion of a file stored on the Services, or for the corruption of or loss of any data, information or content contained in a file.
164 Back to Top
165 8. Indemnity
166 Provided a Subscriber is current with payment of fees to Hightail, Hightail will defend, indemnify, and hold harmless Subscriber, its officers, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with third party claims that the Services infringe or misappropriate the intellectual property rights of a third party. Hightail will not indemnify, hold harmless or defend a Subscriber from and against any claims, liabilities, damages, losses, and expenses arising during a free trial.
167 Subscriber will defend, indemnify, and hold harmless hightail, its officers, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with Subscriber’s violation of these terms, including without limitation third party claims that user files submitted to the Services by Subscriber or its Authorized Users infringe or misappropriate the intellectual property rights, privacy rights, publicity rights, or moral rights of a third party.
168 The indemnified party shall (a) promptly notify the indemnifying party in writing of any claim, suit or proceeding for which indemnity is claimed, and (b) allow the indemnifying party solely to control the defense of any claim, suit or proceeding. The indemnifying party shall not enter in to any settlement that imposes liability or obligations on the indemnified party without obtaining the indemnified party’s prior written consent. Hightail’s indemnification obligation will not apply, however, to the extent a claim is based upon the use of the Services in combination with other products, services, processes, or other items not provided by Hightail. If the Services or Hightail applications become, or in Hightail’s opinion are likely to become the subject of an infringement claim, Hightail may at its option obtain for Subscriber the right to continue using the Services or applications, or modify the Services or applications in order to avoid the claim.
169 Back to Top
170 9. Limitation on Liability
171 IN NO EVENT WILL HIGHTAIL BE LIABLE TO SUBSCRIBER OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE INSTALLATION OR USE OF OR INABILITY TO USE THE SERVICES OR FOR ANY ERROR OR DEFECT IN THE SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT HIGHTAIL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE PARTIES HAVE AGREED THAT THESE LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN THE EVENT OF ANY DIRECT DAMAGES OR IF THE ABOVE TERMS ARE FOUND TO BE CONTRARY TO THE LAWS OF ANY APPLICABLE JURISDICTION, HIGHTAIL’S MAXIMUM LIABILITY VIS-A-VIS EACH SUBSCRIBER IS LIMITED TO THE GREATER OF A) THE AMOUNT PAID BY SUBSCRIBER FOR THE SERVICES IN THE 12 MONTH PERIOD PRIOR TO THE DATE THE SUBSCRIBER’S CLAIM AROSE AND B) US$10,000.00.
172 Back to Top
173 10. Term and Termination
174 10.1 Term and Automatic Renewal Term
175 The term of this Agreement, and the resulting provision of Services, shall be determined based on the term of the free trial established, subscription purchased following that trial or subscription purchased by Subscriber without free trial. A Service subscription will automatically renew for additional subscription period(s) equal in time to the original subscription at the greater of i. the price in effect under this Agreement for the immediately preceding term, and ii. the then current Hightail price, unless either party gives the other party written notice of non-renewal at least 30 days prior to the end of the relevant subscription period. These Terms shall continue to govern during any renewal subscription period.
176 10.2 Termination and Suspension
177 Either party may terminate the Agreement for cause upon 21 days written notice of a material breach to the other party if such breach remains uncured at the expiration of such period. Additionally, Hightail may suspend or terminate Subscriber’s access to the Services if Subscriber’s usage, in Hightail’s reasonable opinion, does not comply with the features, benefits and restrictions of the Services that are applicable at that time. Provided circumstances allow, Hightail shall give advance written notice of 7 business days of such suspension or termination and an opportunity for Subscriber to cure the act(s) of misuse.
178 10.3 Effect of Termination
179 Upon any termination or expiration of the Agreement and/or the Services: (a) the rights and licenses granted to Subscriber hereunder will automatically terminate and (b) Subscriber account(s) and all files and data associated with said account(s) will be deleted. This includes:
180 A free trial that ends and is not converted to a subscription.
181 A subscription that ends by action of Subscriber or Hightail.
182 Should Hightail be forced to proceed with a collections action as a result of a breach of Subscriber’s obligation to pay its service fee(s), in addition to any other rights hereunder or at law, Hightail shall be entitled to recover its costs of collection, including reasonable attorney’s fees.
183 10.4 Survival
184 The provisions of Sections 2 (only in so far as relating to service fees generated prior to termination), 3, 4, 6.2, 9, 10.3, 10.4 and 11 (except 11.2) will survive any termination or expiration of the Agreement.
185 Back to Top
186 11. General Provisions
187 11.1 Assignment
188 Subscriber may not assign its rights to use the Services or this Agreement, in whole or in part, by operation of law or otherwise, without the prior written consent of Hightail. Any attempted assignment without such consent will be null and of no effect. Hightail shall be entitled to assign the Agreement and/or the Services to a third party successor in interest to Hightail.
189 11.2 Use of Name
190 Subscriber agrees that Hightail may identify Subscriber as a Subscriber or user of the Services on Hightail’s website, in client lists, in press releases, and in any other promotional materials that Hightail may publish or distribute. Hightail shall conform such usage to the reasonable trademark usage guidelines that Subscriber has notified Hightail of in writing in advance.
191 11.3 Governing Law and Jurisdiction
192 This Agreement will be governed by and construed in accordance with the laws of the State of California, USA (excluding its body of law controlling conflicts of law). The parties expressly agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply. Any legal action or proceeding arising under this Agreement will be brought exclusively in the federal or state courts located in the Northern District of California and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.
193 11.4 Severability
194 If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such provision will be construed so as to be enforceable to the maximum extent permissible by law, and the remaining provisions of the Agreement will remain in full force and effect.
195 11.5 Waiver
196 The waiver of any breach or default will not constitute a waiver of any other right hereunder or of any subsequent breach or default.
197 11.6 Notices
198 All notices required or permitted under this Agreement will be in writing and delivered in person, by confirmed facsimile transmission, by email to a contact email provided by a party, by overnight delivery service, or by registered or certified mail, postage prepaid with return receipt requested, and in each instance will be deemed given upon receipt. All communications will be sent to the addresses set forth in the Agreement or to such other address as may be specified by either party to the other in accordance with this Section or, in the case of Subscriber, as specified by Subscriber either during the registration process or during usage of the Services.
199 11.7 Force Majeure
200 Neither party will be responsible for failure of performance (not including an obligation to pay any fees owing) due to causes beyond its control. Such causes include (without limitation) accidents, industry-wide labor disputes, actions of any government agency, industry-wide shortage of materials, acts of terrorism, the stability or availability of the Internet or a portion thereof, floods, storms, earthquakes or other acts of god.
201 11.8 Entire Agreement
202 The Agreement constitutes the entire and exclusive agreement between the parties pertaining to the subject matter hereof, and supersedes any and all prior agreements, communications, and understandings (both written and oral) regarding such subject matter. These Terms may be modified by Hightail from time to time. Hightail shall provide advance written notice to Subscriber of such modifications either via a posting on Hightail’s website or through Subscriber’s account, and the new terms shall come into force only upon the beginning of a renewal term. Should a Subscriber not agree with the amended terms, it has the right to terminate the Agreement at the end of its then current term (i.e. before a renewal term commences), in accordance with the termination provisions set forth above. Subscriber’s continued usage of the Services following the date the amended terms come into force shall be evidence of Subscriber’s agreement to the amended terms (and the amended terms thereafter shall become the “Terms,” as used herein).
203 Back to Top
204 Privacy
205 Last updated April 19, 2017
206 Thanks for being part of Hightail. Your privacy is very important to us and we take it very seriously. This Privacy Policy applies to www.hightail.com, hightail.zendesk.com, spaces.hightail.com and all associated applications, owned and operated by Hightail, Inc. and/or affiliates thereof (“Hightail”). It describes how your personal information is collected, used, disclosed and protected by Hightail when using our Services. By using our Services, you acknowledge that you understand this policy, so please read it carefully.
207 We know that legalese can be painful. To help you review this policy, we’ve added quick summaries of each section here.
208 1. A few definitions
209 Account: You set up an Account in order to use our Services.
210 Non-Identifying Information: All information other than Personal Information that Hightail users provide or that we collect.
211 Personal Information: Information about Hightail’s users that can be used to contact or identify them.
212 Services: All services, software and information provided by Hightail, including all Hightail online services and the Hightail website (www.hightail.com), as well as our mobile and client apps.
213 User Files: The digital files that you and others may create, upload, download, store, or send using our Services.
214 We/Our/Us/Hightail: Refers to Hightail, Inc. (formerly YouSendIt, Inc.) and/or affiliates thereof.
215 You/Your: Refers to you, or the company or entity you represent.
216 Back to Top
217 Explanation of some terms that we’ll use a lot.
218 2. Certifications
219 EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield
220 Hightail participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. Hightail is committed to subjecting all personal data received from European Union (EU) member countries and Switzerland, respectively, in reliance on each Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Framework, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield List.
221 Hightail is responsible for the processing of personal data it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. Hightail complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.
222 With respect to personal data received or transferred pursuant to the Privacy Shield Framework, Hightail is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission. In certain situations, Hightail may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
223 If you have questions or complaints regarding our privacy policy or practices, please contact us at privacy@hightail.com. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request .
224 Under certain conditions, more fully described on the Privacy Shield website, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.
225 APEC Participation
226 Hightail’s privacy practices described in this Statement comply with the APEC Cross Border Privacy Rules System. The APEC CBPR system provides a framework for organizations to ensure protection of personal information transferred among participating APEC economies. For more information on APEC Cross Border Privacy Rules System, please visit
227 http://www.apec.org/Groups/Committee-on-Trade-and-Investment/~/media/Files/Groups/ECSG/CBPR/CBPR-PoliciesRulesGuidelines.ashx
228 Back to Top
229 We have global privacy certifications, including EU-U.S. Privacy Shield and Swiss-U.S. Privacy Shield and APEC
230 3. Information collected by Hightail
231 Our main goals in collecting and processing information are to provide and improve the Services, to administer your subscription and to provide excellent user experiences. Below are the types and categories of information that we collect. Hightail does not share information about you with third parties except as provided in this Privacy Policy.
232 Information helps us improve our services.
233 Information provided by you
234 When you register to use our Services, we ask for Personal Information. Personal Information may include, but is not limited to, name, phone number, credit card or other billing information, email address and postal addresses. All other information that you provide or that we collect is Non-Identifying Information.
235 We do not treat the names of User Files and Folders as Personal Information, so we recommend that you do not include any confidential or Personal Information in the names of User Files or Folders.
236 Identity theft and the practice currently known as "phishing" are of great concern to Hightail. We do not and will not, at any time, request your credit card information, your account ID, login password, or national identification numbers in a non-secure or unsolicited e-mail or telephone communication.
237 You provide us with information when you use our Services. We will never ask you for your credit card details or password in an unsolicited email.
238 Automatic Information
239 When you use our Services, either online or using our client apps, whether as a registered Account holder or a non-registered user just browsing, we automatically receive and record information about this use either directly or through third party tracking utility providers.
240 This may include information such as your computer’s or device’s IP address or ID, your browser type, operating system version, language settings, which locally installed Hightail applications you use (if any) and how you use them, the web page you were visiting immediately prior to visiting our website, pages of our website that you visited, the time spent on those pages, information you searched for on our website, access times and dates, and other statistics.
241 We do not ask you for, access or track any location based information from your device. If we wish to do so in the future to enhance our Services, we will specifically ask your permission.
242 We record information as you browse our website or apps. We do not collect location information.
243 Email
244 As a Hightail Account holder, you may send a User File to, or share a User File with, recipients identified by valid email addresses that you provide. Hightail forwards or sends email or other notifications to those recipients. These email addresses and notifications may be stored by Hightail for your future use and as part of transaction information we keep relating to User Files but will not be used for any other purpose.
245 When you use Hightail mobile apps or other client software, we may access your local device contacts or other web-based contacts you permit us to access for the sole purpose of allowing you to select recipients to whom you wish to send or share a User File.
246 If you have been added to a user’s Hightail address book and no longer wish to have your information used you may contact us at support@hightail.com .
247 When you share files, we send your recipients an email. That’s all we use their contact information for. Our apps will access your device’s address book to make it easier for you to add recipients.
248 User postings and testimonials on our website
249 Hightail users can post comments or messages to the Hightail website, such as on our blog and community forum, which may be available to the public. We recommend that you guard your anonymity and sensitive information and we encourage you to think carefully about what information about yourself you disclose in your comments or messages. To request removal of such comments and message, contact Customer Support at support@hightail.com . In some cases, we may not be able to remove them, in which case we will let you know we are unable to do so.
250 We post Hightail user testimonials on our website, which may contain Personal Information such as the user’s name. We obtain user consent prior to posting of any such testimonial. If you wish to request the removal of your testimonial you may contact us at privacy@hightail.com .
251 If you choose to post to our blog or forum, remember that it’s a public space.
252 We will ask your permission before using your name or testimonial in our promotional material.
253 Cookies and other technologies
254 Like many websites, we use cookies, web beacons, pixel tags or similar means to collect information. These technologies allow us to personalize and improve your experience on our website, to record your preferences, and to save your ID and password for future visits to our website.
255 A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. Web beacons and pixel tags are electronic images, often a single pixel, that are ordinarily not visible to users and may be associated with cookies on a user’s hard drive. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting cookies from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of our website or all the functionality of our other Services.
256 Mmmm… cookies. Like everyone else, we use cookies to save your account preferences and better understand how people use our Services.
257 Mobile and desktop app
258 When you download and use Hightail mobile apps, we automatically collect information on the type of device you use, operating system version, and the device identifier (or “UDID”). Hightail mobile apps and other software you install on your devices store registration and session information in encrypted files locally on the device where the application is installed. This behavior is similar to cookies but is specific to the device. To remove these data files, you can uninstall the application.
259 We use mobile analytics software to allow us to better understand the functionality of our mobile software on your phone. This software may record information such as how often you use the application, the events that occur within the application, aggregated usage, performance data, and from where the application was downloaded. We do not link the information we store within the analytics software to any personally identifiable information you submit within the mobile application. We send you push notifications from time-to-time in order to update you about any use the application, the events or promotions that we may be running. If you no longer wish to receive these types of communications, you may turn them off at the device level. To ensure you receive proper notifications, we will need to collect certain information about your device such as operating system and user identification information.
260 If you use our mobile or desktop apps, we may send you occasional push notifications about updates or promotions.
261 Social connectors
262 You can log in to our site using sign-in services such as Facebook Connect or other OpenID providers. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. Services like Facebook Connect give you the option to post information about your activities on this Web site to your profile page to share with others within your network.
263 You can import contacts from services like Gmail and Yahoo Mail also using OpenID social connectors. Your imported contact lists will only be used to make future communications to those individuals more convenient.
264 If you log in to Hightail using Open ID social connectors, you can permit us to use certain personal information in order to improve your experience.
265 Our policy toward children
266 Our Services are not aimed at people under 18 and we do not knowingly collect Personal Information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information, he or she should contact us at privacy@hightail.com . If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.
267 If your child has provided us with Personal Information, contact us at privacy@hightail.com .
268 Information collected by third parties
269 We employ a variety of third party partners such as advertising, tracking utilities, affiliates and service providers that may use cookies or similar means described above to collect Non-Identifying Information about your activities on this website and other websites to help us optimize your experience, improve our services and provide you targeted advertising on other websites you visit based upon your interests. Hightail does not have access to or control of any cookies that third parties may store in your browser and this Privacy Policy does not apply to the use of cookies or similar means by third parties. We do not tie the information gathered to our Customers’ or Users’ personally identifiable information.
270 We partner with third party ad networks to manage our advertising on other web sites. Our ad network partners use cookies or similar means to collect Non-Identifying Information about your activities on our website and other websites to provide you targeted advertising on other websites you visit based upon your interests. If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out of the use of your information for such purposes by the certain ad networks by clicking here . If located in the European Union click here . Please note that this does not opt you out of being served advertising and you will continue to receive generic ads.
271 Third parties services, including advertisers, may use cookies or similar technology to improve your experience or show you more relevant ads.
272 Our Services include features such as links to other websites, login via Facebook Connect, the Facebook Like button, or other features hosted by third parties. These features may collect information from you and/or may set a cookie to enable the feature to function properly.
273 Your interaction with these features is governed by the privacy policy of the company providing them. Links and advertisements displayed on our site are not an endorsement, authorization or representation of our affiliation with that third party, nor are they an endorsement of its privacy or information security policies or practices.
274 Social media widgets
275 Our website includes Social Media Features, such as the Facebook Like button and Widgets, such as the Share this button or interactive mini-programs that run on our site. These Features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Social Media Features and Widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these Features and Widgets are governed by the privacy policy of the company providing it.
276 Back to Top
277 Anything to do with third parties like Facebook is covered by the third parties’ privacy policies. And just because someone advertises with us, it doesn’t mean we endorse them.
278 4. How we use and share Personal Information
279 We use Personal Information mainly to provide the Services, verify and administer your Account, complete your transactions, and deliver Services to you according to your preferences or restrictions. Other than as described in this section, Hightail does not rent or share information about you with third parties.
280 We may combine Personal Information with Non-Identifying Information and aggregate it with information collected from other Hightail users to attempt to provide you with a better experience, to improve the quality and value of the Services and to analyze and understand how our Services are used.
281 We may disclose Non-Identifying Information to third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.
282 Aside from using your information to provide our Services, we may use it for purposes, like analyzing and enhancing our Services. Sometimes, anonymous information is given to third parties.
283 Marketing and communications preferences
284 We also use your Personal Information to contact you with Hightail newsletters, marketing or promotional materials and other information that may be of interest to you.
285 If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or email us at optout@hightail.com with an explicit request to have your information removed from our mailing list or login to your Hightail account and change your "user preferences" with respect to the receipt of communications from us.
286 We will comply with your request as soon as reasonably practical. We will continue to send you strictly service-related announcements on rare occasions when it is necessary to do so. If you do not wish to receive them, you have the option to deactivate your Account by contacting us at support@hightail.com .
287 We will send you newsletters, marketing and other material using your contact information. You can opt-out at any time.
288 Service providers
289 We may employ third-party companies and individuals to facilitate our Services, to provide the Services on our behalf and to perform website-related services ("Service Providers"). The types of Service Providers we use include, without limitation, service providers that provide the following types of services: email delivery, credit card transactions, accounting, account verification, customer relationship management, marketing, webcasting, website maintenance, database management, web analytics and web and live chat hosting. Our Service Providers have access to your Personal Information only to perform these tasks on our behalf, and they are obligated not to disclose or use it for any other purpose.
290 Certain third parties help us provide our Services and, if required, they will have limited access to your information.
291 International transfer
292 Personal Information and Non-Identifying Information may be transferred to and maintained on computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction.
293 If you are located outside the United States, you should be aware that Hightail transfers Personal Information and Non-Identifying Information to the United States and processes it there. Your use of our Services represents your agreement to such transfer.
294 We store your personal information on computers in the United States, so only US privacy laws apply.
295 Compliance with laws and law enforcement
296 Hightail cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you and your User Files to government or law enforcement officials or private parties as we believe necessary or appropriate to respond to claims and legal process (including without limitation subpoenas), to protect the property and rights of Hightail or a third party, to protect the safety of the public or any person, or to prevent or stop activity we consider to be illegal or unethical. Hightail employees or representatives may access, but not view the contents of, your User Files when acting on behalf of Hightail as described in this paragraph.
297 We will cooperate with legal authorities as we believe necessary or appropriate. Hightail employees will never view the contents of your User Files.
298 Business transfers
299 Hightail may sell, transfer, or otherwise share some or all of its business or assets, including your Personal Information and Non-Identifying Information in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
300 If Hightail is sold or otherwise changes its business status, we’ll notify you that we are transferring your information.
301 Enterprise accounts
302 If you used an email address owned by your employer to create an individual Hightail Account and your employer adds you to an enterprise account your employer has with us, your email address and certain information concerning past and ongoing use of your individual account may become accessible to the administrator of that enterprise account. This includes:
303 Text and subject of messages you have sent
304 Name and content of the User Files you have sent
305 Date and time messages were sent
306 Email addresses of the recipients
307 However, information with respect to User Files that have been deleted because they expired or were deleted by you will no longer be accessible to you or to the administrator of your employer’s account.
308 Basically, consider registering for Hightail with a personal email address if you intend using it for non-work matters.
309 Retention and deletion of your information
310 User Files will be stored on our systems according to the user preferences you set for the file, if any, or according to the default parameters as defined by the Services and Account plan you are using if no user preferences are set. Users may delete User Files from our servers via the website or Hightail mobile apps or other client software they may have installed. There may be some latency until the User File is actually deleted from our servers.
311 Upon request Hightail will provide you with information about whether we hold any of your personal information. You may review, update, delete or correct the Personal Information in your Account registration profile ("Account Information") by logging into your account on our website and changing your user preferences, or you may contact us at optout@hightail.com or support@hightail.com .
312 Hightail may retain your Account Information and information about transactions relating to User Files as necessary to comply with our legal obligations or for legitimate business purposes, regardless of whether your account is still active.
313 If you wish to deactivate your Account or request that we no longer use your Personal Information, contact us at optout@hightail.com or support@hightail.com . We will respond to all requests within 30 days.
314 As noted in Section 7.3 of the Terms of Service and Section 10.3 of the Hightail for Business Terms: upon termination of your License or Account all Personal Information, files and data associated with that License or Account(s) will be deleted.
315 Back to Top
316 We retain your personal information and files as long as you want us to, or as long as required by law.
317 5. Information security
318 Hightail treats the privacy and security of Personal Information very seriously. We employ industry-standard administrative, physical and electronic measures to safeguard Personal Information submitted to us from unauthorized access. We encrypt the transmission of all Personal Information (including credit card information on our order forms) using Secure Sockets Layer (SSL) technology and only store that information in secured data centers with restricted access.
319 Still, no method of transmission over the Internet or electronic data storage is 100% secure. Therefore, while we use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. It is critically important to keep your password secure at all times and remember that Hightail will never ask you for this information in an unsolicited communication. If you have any questions regarding our security practices or believe your account may have been compromised please contact us via the contact information below.
320 Back to Top
321 We protect your information with the best security and encryption technology. However, it can never be 100% secure and we will inform you of any material breaches or threats to your privacy.
322 6. Contacting us
323 If you have any questions about this Privacy Policy, please contact us at privacy@hightail.com or at: Privacy Matters c/o Hightail, Inc., 1919 S. Bascom Ave., 6th Floor, Campbell, California 95008.
324 Back to Top
325 We’re happy to talk.
326 7. Changes to this Privacy Policy
327 We may update this Privacy Policy from time to time, so please review it frequently. If we make material changes to this Privacy Policy, we will notify you here on this website page, by email, or by means of a notice on our website home page prior to the changes taking effect.
328 Back to Top
329 We may make changes to this Privacy Policy, but will notify you if we do. Content and Data Protection
330 Term and Termination
331 General Provisions
332 Privacy
333 User Comments and Testimonials
334 Mobile and Desktop Applications
335 Information Collected by Third Parties
336 Social Media Features
337 Marketing and Communication Preferences
338 Business and Enterprise Accounts
339 Retention and Deletion of Your Information
340 Terms of Service
341 These Terms of Service (“Terms”) apply to the Services and will be binding on you (“Customer”) and Hightail, Inc. (“Company”) when Company makes any Services available for Customer’s use. By using the Services, you automatically agree to these General Terms of Service. If you use or access the Services on behalf of a company or other legal entity (such as your employer), you represent that you have the authority to bind that company or other legal entity to these Terms. If you do not agree to these Terms of Service, you should not use the Service.
342 1. SERVICES.
343 1.1 Provision of Services.
344 Subject to Customer’s compliance with the terms and conditions of these Terms, Company will provide Customer the Services in accordance with Customer’s online order (“Order”).
345 1.2 Service Fees and Payment.
346 Company may offer both free subscriptions and different categories of paid subscriptions to the Service, subject to the limits set by Company from time to time. Should you register for a paid subscription, you agree to pay the Service fee(s) publicized by the Company at the time you complete your online registration and on any renewal thereof. Customer shall pay Company for excess usage above the metrics stated in the initial Order. After the initial term of Customer’s subscription, Company reserves the right to increase the fees on paid Service subscriptions up to one (1) time per year by providing Customer with written notice of a fee increase no later than thirty (30) days prior to the expiration of the then-current term.
347 Fees owed by Customer not paid when due shall accrue interest at the lesser of one and one-half percent (1.5%) per month, or the highest rate permitted by law. Fees do not include any taxes, and Customer shall pay any sales, use, value added or other taxes or import duties (other than corporate income taxes payable by Company) due as a result of any amounts paid to Company. Customer shall bear all of Company’s costs of collection of overdue fees, including reasonable attorneys’ fees. If Company is unable to charge your payment method (i.e. due to the expiration of your credit card), you are still obliged to pay Company the amounts to which you are committed under this Agreement. All fees are non-refundable, and are to be paid in US Dollars unless another currency was specified when you made your purchase. You are solely responsible for any fees imposed by your credit card company, including exchange rate or foreign transaction fees. If any fees remain unpaid following at least ten (10) days written notice by Company, Company may (reserving all other legal remedies and rights) suspend the Services or, following thirty (30) days written notice by Company, terminate the Service and any agreement created by these Terms and Customer’s Order.
348 1.3 Restrictions on Use.
349 Customer shall be responsible for: (a) acts or omissions by any single individual, employee or contractor of Customer, authorized to access and use the Services (“Authorized Users”); (b) maintaining the confidentiality of access credentials (including but not limited to usernames, passwords, and keys) used by the Customer or its Authorized Users; (c) ensuring compliance with the Agreement by each Authorized User including compliance with the OpenText Acceptable Use Policy (“AUP”) and (d) ensuring compliance with applicable local, state, national laws and regulations in connection with the use of the Services, including those related to data privacy, international communications and the transmission of data. In particular, the Services shall not be used by anyone located in U.S.-embargoed countries or on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Denied Persons or Entity List or to export or re-export technical data in violation of U.S. export control laws and regulations. Customer agrees to notify Company immediately of any actual or suspected unauthorized use of Customer’s access credentials or any unauthorized use of the Services.
350 Customer may only use the Services for Customer’s internal business purposes. Only Authorized Users may access and use the Services. Customer may not (a) sell, rent or lease the Services in any way, or transfer any of its rights hereunder to any other person; (b) create any derivative works based upon the Services; (c) modify any of Services (including Related Software), nor adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of software used by Company in providing the Services, nor take any other steps to discover the confidential information or trade secrets in the Services; (d) use the Services in violation of the OpenText AUP , (e) create multiple, free accounts under different or fake identities or otherwise that enables Customer to exceed the usage limits associated with the Service or (f) disclose to any third party the results of any benchmarking testing or comparative or competitive analyses of the Services done by or on behalf of Customer.
351 1.4 Changes to the Service.
352 Company reserves the right to modify the Services at any time. Company may provide notice of changes by posting information concerning the change (i) via email; (ii) on Company's website (iii) by notification directly through the Services (e.g. on a Services login page); or (iv) by other industry standard notification system such as social media. Should Company implement a change that reduces the functionality of the Service in a material manner, Company will issue a notification summarizing the effects of such a change.
353 Also, if Customer has established an account with Company and subsequently makes changes to the account, it may affect the Service provided. For example, if Customer cancels a paid subscription and continues to use a free account, certain features or benefits may no longer be available to Customer.
354 If Customer’s account fails to meet the requirements of the Service, Company may take all reasonable remedial measures at its sole discretion, including the suspension of access to or deletion of files and/or Spaces. Additionally, Company may suspend or terminate Customer’s free access to the Service or paid subscription if Customer’s usage, in Company’s reasonable opinion, does not comply with the features, benefits and restrictions that are applicable at that time or causes interference with the normal functioning of the Service. By way of example only, Customer’s abuse of Company’s cloud storage limitations shall be cause for suspension or termination of access to the Service.
355 1.5 Related Software.
356 Company may provide or permit Customer to download or access software applications for use with the Service (“Related Software”). Related Software may include development software and tools, and software to be installed on end user devices for the purpose of using the Services. Subject to Customer’s compliance with these Terms, Company grants Customer a limited non-exclusive, non-transferable, non-sublicensable license to download and install a copy of each application on a tablet, mobile device or computer that it owns or controls, and to run such copy of the Related Software solely for its own personal for the sole purpose of facilitating Customer’s use of the Service. When Customer’s right to receive and use the Services terminates, Customer’s license to Related Software shall also terminate. Any additional license terms notified to Customer or its Authorized User at the time of installation of the Related Software or for Related Software accessed through or downloaded from third parties shall also apply, Customer shall be solely responsible for complying therewith and Company disavows any liability pertaining to any third party applications, including the performance thereof.
357 Customer (a) does not have any rights to any software other than as part of receiving the Services; (b) except with respect to Related Software, does not receive any licenses to the Software; and (c) does not receive any title, rights or ownership in or to any software.
358 1.6 Customer Permissions.
359 Some of the features of the Service are designed to upload, download and synchronize files between Customer’s computer or other devices (such as Customer’s phone or tablet) and Company’s servers. Depending on the features used, this can happen automatically. By using the Services, Customer gives Company permission to access Customer’s computer and other devices for the purpose of providing the Services to Customer. Furthermore, to the extent necessary for Company to provide the Service (and only as necessary), you give us and our third party service providers permission to take all necessary actions in processing files uploaded in connection with Customer’s usage of the Service.
360 1.7 E-mail.
361 As a Hightail account holder, you may send a digital file created by you or others (a “User File”) to, or share a User File with, recipients identified by email addresses that you provide. Hightail forwards or sends email or other notifications to those recipients. These email addresses and notifications may be stored by Hightail for your future use and as part of transaction information we keep relating to User Files. When you use Hightail mobile apps or other client software, we may access your local device contacts or other web-based contacts you permit us to access for the sole purpose of allowing you to select recipients to whom you wish to send or share a User File. You can import contacts from services like Gmail and Yahoo Mail also using OpenID social connectors. Your imported contact lists will only be used to make future communications to those individuals more convenient. If you have been added to a user’s Hightail address book and no longer wish to have your information used you may contact us at support@hightail.com .
362 Back to Top
363 2. FEEDBACK.
364 Customer may periodically provide Company with feedback. All feedback, comments, and suggestions for improvements that Customer provides to Company hereunder are referred to collectively as “Customer Feedback.” Customer hereby irrevocably transfers and assigns to Company and agrees to irrevocably assign and transfer to Company all of Customer’s right, title, and interest in and to all Customer Feedback, including all worldwide patent rights (including patent applications and disclosures), copyright rights, trade secret rights, and other intellectual property rights (collectively, “Intellectual Property Rights”) therein.
365 Back to Top
366 3. OWNERSHIP.
367 Customer acknowledges and agrees that, as between the parties, Company alone owns all right, title, and interest in and to the Service, including all Intellectual Property Rights therein, even if Company incorporates any Customer Feedback into subsequent versions of the Service. Customer will not earn or acquire any rights or licenses in the Service or in any Company Intellectual Property Rights on account of this Agreement or Customer’s performance under this Agreement. Customer will not use or disclose any Customer Feedback to any other entity other than Company.
368 Back to Top
369 4. WARRANTIES AND DISCLAIMERS.
370 USE OF THE SERVICES AND RELATED SOFTWARE ARE PROVIDED "AS IS" WITHOUT EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND. THE WARRANTIES AND REMEDIES STATED IN THIS SECTION 5 ARE EXCLUSIVE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE OR COURSE OF DEALING. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION. CUSTOMER ASSUMES THE RESPONSIBILITY TO TAKE ADEQUATE PRECAUTIONS AGAINST DAMAGES TO ITS OPERATIONS WHICH COULD BE CAUSED BY SERVICES DEFECTS, INTERRUPTIONS, OR MALFUNCTIONS.
371 Back to Top
372 5. LIMITATION ON LIABILITY; INDEMNIFICATION.
373 IN REGARD TO ANY AND ALL CAUSES ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS OR INABILITY TO USE THE SERVICE OR FOR ANY ERROR OR DEFECT IN THE SERVICE, INCLUDING BUT NOT LIMITED TO CLAIMS OF NEGLIGENCE, BREACH OF CONTRACT OR WARRANTY, FAILURE OF A REMEDY TO ACCOMPLISH ITS ESSENTIAL PURPOSE OR OTHERWISE: (1) COMPANY IS NOT LIABLE TO CUSTOMER OR TO ANY OTHER PARTY FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, AGGRAVATED, EXEMPLARY, OR PUNITIVE DAMAGES (EVEN IF COMPANY IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES); OR (B) ANY LOST SALES, LOST REVENUE, LOST PROFITS, LOST OR CORRUPTED DATA, REPROCUREMENT AMOUNT OR EXPENSES ARISING OUT OF THIRD PARTY CLAIMS; AND (2) COMPANY’S AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS WILL NOT EXCEED: (A) DURING EACH TWELVE (12)-MONTH PERIOD DURING THE TERM OF THE AGREEMENT, FIFTY PERCENT (50%) OF THE TOTAL AMOUNT OF FEES INVOICED BY COMPANY TO CUSTOMER UNDER THE RELEVANT ORDER DURING SUCH TWELVE (12) MONTH PERIOD, AND (B) A MAXIMUM AGGREGATE AMOUNT OF THE TOTAL AMOUNT OF FEES INVOICED BY COMPANY TO CUSTOMER DURING THE TWELVE (12) MONTHS PRECEDING THE MOST RECENT EVENT WHICH IS THE CAUSE OF LIABILITY FOR ALL CLAIMS DURING THE ENTIRE TERM OF ANY ORDER. WITH RESPECT TO FREE OR UNPAID SERVICES AND RELATED SOFTWARE, NEITHER COMPANY NOR COMPANY’S SUPPLIERS, RESELLERS, PARTNERS OR THEIR RESPECTIVE AFFILIATES WILL BE LIABLE FOR DIRECT DAMAGES. IF THE APPLICATION OF THIS SECTION IS LIMITED BY LAW, COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE REMEDIES SPECIFIED IN THE AGREEMENT ARE EXCLUSIVE.
374 Customer shall defend, indemnify and hold harmless Company, its affiliates, directors, and employees from any damages, losses, claims and expenses arising out of any claim or other legal action in connection with: (i) Content and any alleged infringement of any patent, copyright, trade secret, right of publicity or privacy, or other proprietary right; (ii) Customer's or Authorized Users' use of the Services; (iii) Customer's or Authorized Users' breach of these Terms; and (iv) Customer's or Authorized Users' breach of the OpenText AUP .
375 Back to Top
376 6. CONTENT AND DATA PROTECTION.
377 6.1
378 Customer’s data uploaded, generated, stored, or transmitted by Customer to Company, as a part of Customer’s use of the Services (“Content”) belongs to Customer, and Company makes no claim to any right of ownership in the Content. By posting or permitting Content to be posted, Customer represents and warrants to Company that Customer is the owner of all rights to that Content or that Customer has the right to reproduce, distribute and transfer the Content for the purposes of the Services.
379 6.2
380 Customer remains solely responsible at all times for the Content, and for ensuring that the Content complies with these Terms and with all legal and regulatory obligations applicable to the Content to which Customer is subject. Only to the extent necessary for Company to perform its obligations in connection with the Services and these Terms, Customer grants Company the right to use, copy, process, rename, publish or display Content and Company may monitor, modify, screen, pre-screen or delete the Content.
381 6.3
382 User Files will be stored on our systems according to the user preferences Customer sets for the file, if any, or according to the default parameters as defined by the Services and account plan Customer is using if no user preferences are set. Users may delete User Files from Company servers via the website or Hightail mobile apps or other client software they may have installed. There may be some latency until the User File is actually deleted from our servers.
383 6.4
384 Company respects copyright law and expects its users to do the same. Our policy is, in appropriate circumstances, to terminate accounts of users who repeatedly infringe the rights of copyright holders. Company reserves the right, in its sole discretion, at any time and without prior notice, to remove or disable access to any files that we believe to be in violation of these Terms or otherwise harmful. You should also read the OpenText Copyright Policy , incorporated herein by reference.
385 6.5 Security; Licensee Data.
386 Company will use reasonable care to protect Customer's data against physical damage or unauthorized access. Company will store and safeguard Customer content in accordance with industry standard administrative, technical, and physical security controls and procedures. Customer may not create or store content that imposes specific security obligations on Company (e.g., health or financial data). Customer is solely responsible for maintaining and protecting all data and information that is stored, retrieved or otherwise processed by the Service. Without limiting the foregoing, Customer will be responsible for all costs and expenses that Customer or others may incur with respect to backing up, and restoring and/or recreating any data and information that is lost or corrupted as a result of Customer’s use of the Service or any Related Software.
387 Customer acknowledges and agrees that while Company will make commercially reasonable efforts to maintain files uploaded to the Service for the duration of each subscription, the Service is not intended as a file storage repository, and Company shall not be responsible for any failure of the Service to store a file, for the deletion of a file stored on the Service, or for the corruption of or loss of any data, information or content contained in a file.
388 6.6 Confidentiality.
389 Confidential Information may only be used for the purpose of fulfilling obligations or exercising rights under these Terms and may only be shared with employees, agents, or contractors with a need to know such information. The receiving party will maintain the confidentiality of Confidential Information by using the same degree of care that the receiving party takes to hold in confidence its own proprietary information of a similar nature, which will be no less than reasonable care. However, the receiving party will not be required to keep confidential any Confidential Information, which is or shall become publicly available without fault on the part of the receiving party; is already in the receiving party's possession prior to receipt from the disclosing party; is independently developed by the receiving party; is disclosed by the disclosing party to third parties without similar restrictions; or is rightfully obtained by the receiving party from third parties without restriction. Except as provided in the previous sentence, the term “Confidential Information” includes User Files, Company Software (including Related Software) and all other information disclosed by one party to the other marked as proprietary to the disclosing party or that the other party should reasonably understand to be confidential. Each party is responsible for any actions of its affiliates, employees and agents in violation of this paragraph.
390 Back to Top
391 7. TERM AND TERMINATION.
392 7.1 Term and Automatic Renewal Term.
393 The term of the Service and this Agreement shall be determined based on the subscription purchased by Customer. A free subscription shall not have a predefined term, and Company reserves the right to terminate it at any time; Company will endeavor to provide advance notice of termination of a free subscription, though it is not contractually obligated to do so. All paid Service subscriptions will automatically renew for additional subscription period(s) equal in time to the original subscription at the then current Company price and subject to these Terms, unless either party gives the other party notice of non-renewal at least 30 days prior to the end of the relevant subscription period.
394 7.2 Termination.
395 Company reserves the right to change, suspend or terminate the Service and your subscription (free or paid), or any part of it, at any time, at its reasonable discretion. Customer also has the option of canceling your subscription at any time by giving thirty (30) days’ written notice. In the event of such termination, you will lose all data related to your subscription. Customer is solely responsible for implementing appropriate measures to periodically backup data related to its subscription.
396 With respect to free subscriptions, either party may terminate the Agreement and Company’s provisioning of the Service at any time, with or without cause. In addition to other termination provisions, we reserve the right to terminate and delete your free subscription if you have not accessed the Service for 12 or more consecutive months. In the event of such deletion, any data you may have stored will be lost.
397 With respect to paid subscriptions, either party may the Services or these Terms for material breach if the other party fails to cure such breach within thirty (30) days after written notice. Company may terminate the Agreement with immediate effect and no such cure period will be granted for breaches relating to the rights granted and/or restrictions in Sections 1 (Services). In the event of such termination, any data Customer may have stored will be lost.
398 7.3 Effect of Termination.
399 Upon any termination or expiration of the Agreement and/or the Service: (a) the rights and licenses granted to Customer hereunder will automatically terminate and (b) all data associated with a Customer's subscription will be deleted. Upon any termination of the Service or these Terms, Customer will immediately cease all use of the Services and Related Software and will destroy all copies of Related Software in Customer’s possession or control. Following termination, Company may retain Customer content on backup media for an additional period of up to twelve (12) months, or longer if required by law, subject to the confidentiality obligations under these Terms.
400 7.4 Survival.
401 The provisions of Sections 1.2 (only in so far as relating to license fees generated prior to termination), 2, 3, 5, 6, 7.3, 7.4 and 8 and any provisions that by their nature should survive termination will survive any termination or expiration of the Services or these Terms.
402 Back to Top
403 8. GENERAL PROVISIONS.
404 8.1 Assignment.
405 There are no third-party beneficiaries to Customer’s use of the Services or these Terms. Customer may not assign or transfer its rights to use the Service or its rights or obligations under these Terms, in whole or in part, by operation of law or otherwise, without the prior written consent of Company. Any attempted assignment without such consent will be void. Except to the extent identified in this subsection, these Terms will be binding upon and inure to the benefit of the respective successors and assigns of the parties.
406 8.2 Governing Law; Time Limit.
407 This Agreement will be governed by and construed in accordance with the laws of the State of Delaware, USA, without reference to its choice or conflicts of law rules. The parties consent to the exercise of exclusive jurisdiction by the state or federal courts in the State of Delaware for any claim relating to the Services or these Terms. No action, regardless of form, arising from these Terms or any Services provided or to be provided hereunder may be brought by either party more than one (1) year after the cause of action has accrued, except that an action for non-payment may be brought at any time.
408 8.3 Severability.
409 If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms shall remain in effect.
410 8.4 Amendment; Waiver.
411 Any amendment of the agreement formed under these Terms must be in writing and signed or acknowledged by both parties. Neither party will be deemed to have waived any of its rights under these Terms by lapse of time or by any statement or representation other than by a written waiver by a duly authorized representative. No waiver of a breach of these Terms will constitute a waiver of any prior or subsequent breach.
412 8.5 Notices.
413 All notices must be in writing and addressed: in the case of Company to the address set forth in the Customer's online Order, and in the case of Customer, to the Hightail address set forth in the online Order. A copy shall also be sent to Company’s General Counsel, c/o OpenText Corporation, 275 Frank Tompa Drive, Waterloo, ON N2L 0A1, Canada. Notice will be deemed given when verified by written receipt if sent by personal courier, overnight courier, or when received if sent by mail without verification of receipt.
414 8.6 Entire Agreement.
415 These Terms and Customer’s online Order constitute the entire and exclusive agreement between the parties pertaining to the subject matter hereof, and supersedes any prior or current understandings, both written and oral. These Terms may be modified by Company from time to time, and for paid subscriptions, Company shall provide advance written notice to Customer either via a posting on Company’s website or through Customer’s account. For paid subscriptions, the new terms shall come into force only upon the beginning of a renewal term, and for free subscriptions, the new terms shall be enforceable immediately. Should a free subscription Customer not agree with the amended terms, it should immediately cease usage of the Service, and should a paid subscription Customer not agree with the amended terms, it has the right to terminate the Agreement at the end of its then current term (i.e. before a renewal term commences), in accordance with the termination provisions set forth above. Customer’s continued usage of the Service following the date the amended terms come into force shall be evidence of Customer’s agreement to the amended terms (and the amended terms thereafter shall become the “Terms,” as used herein).
416 8.7 No Agency.
417 Company does not act as an agent of Customer in connection with Customer’s use of the Services provided hereunder. The establishment of the terms of any commercial or legal relationship between Customer and any third party by means of the use of the Services provided hereunder is the sole responsibility of Customer. The provision of such Services by Company will not be interpreted as conferring any authority or responsibility on Company with respect to such relationships or the establishment, continuation or binding effect of such terms.
418 8.8 U.S. Government End Users - Restricted Rights Legend.
419 The Services and Documentation provided to the U.S. Government are "Commercial Items", as that term is defined at 48 C.F.R. 2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", within the meaning of 48 C.F.R. 12.212 or 48 C.F.R.227.7202, as applicable. Consistent with 48 C.F.R. 12.212 or 48 C.F.R. 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein, as provided in FAR 12.212, and DFARS 227.7202-1(a), 227.7202-3(a), 227.7202-4, as applicable.
420 8.9 International Availability.
421 Availability of the Services, including specific features and language versions, may vary by country location.
422 8.10 Delay in Performance.
423 Except for payment and confidentiality obligations or protection of intellectual property, neither party is responsible for any delay or failure or delay in performance of its obligations pursuant to the Agreement to the extent due to causes beyond its reasonable control.
424 Back to Top
425 Privacy
426 Last updated May 7, 2018
427 Company’s collection, use and disclosure of Customer’s personal information, content provided to Company or any other data Customer provides to Company or places within the Services or Related Software will be governed by the OpenText Privacy Policy which shall apply to the Service to the same extent as provided for therein with respect to any Company website, subject to these Terms, and the laws generally applicable to Company as a provider of the Services.
428 To the extent that Company processes personal data on behalf of Customer in performing the Services, Company shall process such personal data only for the purpose of the Services and take reasonably appropriate technical and organizational measures to protect such personal data against unauthorized or unlawful processing.
429 We do not treat the names of User Files and Folders as Personal Information, so we recommend that you do not include any confidential or Personal Information in the names of User Files or Folders.
430 1. USER POSTINGS AND TESTIMONIALS ON OUR WEBSITE
431 Hightail users can post comments or messages to the Hightail website, such as on our blog and community forum, which may be available to the public. We recommend that you guard your anonymity and sensitive information and we encourage you to think carefully about what information about yourself you disclose in your comments or messages. To request removal of such comments and message, contact Customer Support at support@hightail.com . In some cases, we may not be able to remove them, in which case we will let you know we are unable to do so.
432 We post Hightail user testimonials on our website, which may contain Personal Information such as the user’s name. We obtain user consent prior to posting of any such testimonial. If you wish to request the removal of your testimonial you may contact us at privacy@hightail.com .
433 Back to Top
434 2. MOBILE AND DESKTOP APPLICATIONS
435 When you download and use Hightail mobile applications, we automatically collect information on the type of device you use, operating system version, and the device identifier. Hightail mobile apps and other software you install on your devices store registration and session information in encrypted files locally on the device where the application is installed. This behavior is similar to cookies but is specific to the device. To remove these data files, you can uninstall the application.
436 We use mobile analytics software to allow us to better understand the functionality of our mobile software on a device, such as how often you use the application, aggregated usage, performance data, and from where the application was downloaded. We do not link the information we store within the analytics software to any personally identifiable information you submit within the mobile application. We may send you push notifications from time-to-time in order to update you about any use the application or events or promotions that we may be running. If you no longer wish to receive these types of communications, you may turn them off at the device level.
437 Back to Top
438 3. INFORMATION COLLECTED BY THIRD PARTIES
439 We employ a variety of third party partners such as advertising, tracking utilities, affiliates and service providers that may use cookies or similar means described above to collect information about your activities on this website and other websites to help us optimize your experience, improve our services and provide you targeted advertising on other websites you visit based upon your interests. Hightail does not have access to or control of any cookies that third parties may store in your browser and these Terms do not apply to the use of cookies or similar means by third parties. We do not tie the information gathered to Customers’ or users’ Personal Information.
440 We partner with third party ad networks to manage our advertising on other web sites. Our advertising network partners use cookies or similar means to collect information about your activities on our website and other websites to provide you targeted advertising on other websites you visit based upon your interests. If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out of the use of your information for such purposes by certain advertising networks by clicking here for European Union based networks or here for U.S. networks. Please note that this does not opt you out of being served advertising and you will continue to receive generic ads.
441 Our Services include features such as links to other websites, login via your Google account, or other features hosted by third parties. These features may collect information from you and/or may set a cookie to enable the feature to function properly.
442 Your interaction with these features is governed by the privacy policy of the company providing them. Links and advertisements displayed on our site are not an endorsement, authorization or representation of our affiliation with that third party, nor are they an endorsement of its privacy or information security policies or practices.
443 Back to Top
444 4. SOCIAL MEDIA FEATURES
445 You can log in to our site using sign-in services such as login via your Google account or other OpenID providers. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign-up form.
446 You can import contacts from services like Gmail and Yahoo Mail also using OpenID social connectors. Your imported contact lists will only be used to make future communications to those individuals more convenient.
447 Our website includes social media features, such as the Twitter and Google links in the footer of our website. These features may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the feature to function properly. Social media features are either hosted by a third party or hosted directly on our website. Your interactions with these features are governed by the privacy policy of the company providing it.
448 Back to Top
449 5. MARKETING AND COMMUNICATION PREFERENCES
450 We also use your Personal Information to contact you with Hightail newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of our email communications or by filling out our unsubscribe form . We will comply with your request as soon as reasonably practical. We will continue to send you strictly service-related announcements when it is necessary to do so. If you do not wish to receive them, you have the option to deactivate your account by contacting us at support@hightail.com .
451 Back to Top
452 6. BUSINESS AND ENTERPRISE ACCOUNTS
453 If you used an email address owned by your employer to create an individual Hightail account and your employer adds you to an enterprise account your employer has with us, your email address and certain information concerning past and ongoing use of your individual account may become accessible to the administrator of that enterprise account. This includes: Text and subject of messages you have sent; Name and content of the User Files you have sent; Date and time messages were sent; and Email addresses of the recipients. However, information with respect to User Files that have been deleted because they expired or were deleted by you will no longer be accessible to you or to the administrator of your employer’s account.
454 Back to Top
455 7. RETENTION AND DELETION OF YOUR INFORMATION
456 Upon request Hightail will provide you with information about whether we hold any of your personal information. You may review, update, delete or correct the Personal Information in your account registration profile ("Account Information") by logging into your account on our website and changing your user preferences, or you may contact us at support@hightail.com .
457 If you wish to deactivate your account or request that we no longer use your Personal Information, contact us at support@hightail.com .
458 Back to Top