Terms of Service

StorageNinja Terms of Service

(Last Updated June 18, 2010) The following terms and conditions govern all use of the StorageNinja website and all content, services and products available at or through the website. The Website is owned and operated by StorageNinja, a MediaLeaf Technologies, Inc. company ("StorageNinja"). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, StorageNinja's Privacy Policy) and procedures that may be published from time to time on this Site by StorageNinja (collectively, the "Agreement").

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by StorageNinja, acceptance is expressly limited to these terms. StorageNinja is available only to individuals who are at least 13 years old.

1. Your StorageNinja Account.
If you create an account, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your account. You must not share your account details with others. You must immediately notify StorageNinja of any unauthorized uses of your account or any other breaches of security. StorageNinja will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

2. Responsibility of Customers.
By uploading content to our systems, you represent and warrant that:

  • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not pornographic, libelous or defamatory (more info on what that means), does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party.

3. Without limiting any of those representations or warranties, StorageNinja has the right (though not the obligation) to, in StorageNinja's sole discretion (i) refuse or remove any content that, in StorageNinja's reasonable opinion, violates any StorageNinja policy or is in any way harmful or objectionable, or (ii) terminate or deny access to any individual or entity for any reason, in StorageNinja's sole discretion. StorageNinja will have no obligation to provide a refund of any amounts previously paid.

4. Fees and Payment.
Optional premium paid services such as extra storage are available on the Website. By selecting a premium service you agree to pay StorageNinja the monthly or annual subscription fees indicated for that service (the payment terms for premium plans are described below). Payments will be charged on the day you sign up for a premium service and will cover the use of that service for a monthly or annual period as indicated. Premium service fees are not refundable.

5. Premium Services.
By signing up for a premium account you agree to pay StorageNinja the monthly fees indicated at http://storageninja.com/pricing. Applicable fees will be invoiced starting from the day your premium account is established and in advance of using such services. StorageNinja reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Premium accounts can be canceled by you at anytime on 30 days written notice to StorageNinja.

6. Copyright Infringement and DMCA Policy.
As StorageNinja asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on StorageNinja's system violates your copyright, you are encouraged to notify StorageNinja in accordance with StorageNinja's Digital Millennium Copyright Act ("DMCA") Policy. StorageNinja will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of StorageNinja or others, StorageNinja may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, StorageNinja will have no obligation to provide a refund of any amounts previously paid to StorageNinja.

If you believe that your copyright has been infringed on by an account hosted on StorageNinja's equipment or through its services, please send a DMCA Notice to StorageNinja's Copyright Agent for Notice of Claims of Copyright Infringement. Once we receive a complete DMCA Notice, we will then evaluate your notice and take such action as is appropriate under the Digital Millennium Copyright Act (.DMCA.), 17 U.S.C. § 512 et seq.

Federal law requires the following information in your DMCA Notice:

  • 1. Identification of the copyrighted work that you claim has been infringed;
  • 2. Identification of the material, including URL, that you claim is infringing, with enough detail so that we may locate it;
  • 3. Your address, telephone number, and e-mail address;
  • 4. A statement declaring under penalty of perjury that (a) you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (b) the above information in your notice is accurate, and (c) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and
  • 5. Your physical or electronic signature.

StorageNinja's Copyright Agent for Notice of Claims of Copyright Infringement can be reached as follows:

Attn: DMCA Copyright Agent
9526 Argyle Forest Blvd
Ste B2-419
Jacksonville, FL 32222 USA
Email: legal@storageninja.com

7. Intellectual Property.
This Agreement does not transfer from StorageNinja to you any StorageNinja or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with StorageNinja. StorageNinja, the StorageNinja logo, and all other trademarks, service marks, graphics and logos used in connection with StorageNinja, or the Website are trademarks or registered trademarks of StorageNinja or StorageNinja's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any StorageNinja or third-party trademarks.

8. Changes.
StorageNinja reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. StorageNinja may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

9. Termination.
StorageNinja may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your StorageNinja account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a premium account, such account can only be terminated by StorageNinja if you materially breach this Agreement and fail to cure such breach within thirty (30) days from StorageNinja's notice to you thereof; provided that, StorageNinja can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

10. Disclaimer of Warranties.
The Website is provided "as is". StorageNinja and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither StorageNinja nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you're actually reading this, here's a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

11. Limitation of Liability.
In no event will StorageNinja, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to StorageNinja under this agreement during the twelve (12) month period prior to the cause of action. StorageNinja shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

12. General Representation and Warranty.
You represent and warrant that (i) your use of the Website will be in strict accordance with the StorageNinja Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

13. Indemnification.
You agree to indemnify and hold harmless StorageNinja, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

14. Miscellaneous.
This Agreement constitutes the entire agreement between StorageNinja and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of StorageNinja, or by the posting by StorageNinja of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Florida, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Clay County, Florida. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Jacksonville, Florida, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; StorageNinja may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.