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TERMS OF SERVICE

Last Updated: March 10th, 2016


Welcome to Pouch Data. Please read these Terms of Service (these "Terms") carefully as they form a contract between you and Cirrus Datacenter, Inc. d/b/a Pouch Data ("Pouch Data", "we", "us", or "our") that will govern your access and use of: (i) the hosted storage solution provided by Pouch Data for online content storage, and other content (collectively, "Content"); and the sharing and processing of data (ii) the Pouch Data websites or applications; and (iii) the use or features guides or other documents provided either electronically or in writing by Pouch Data (the "User Guides") (collectively the "Service(s)"). By registering or using any of the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and representing to Pouch Data that you have the authority to bind that organization to these Terms (in which event, "you" and "your" will refer to that organization) unless that organization has a separate paid contract in effect with us, in which event the terms of that contract will govern your use of the Services. You may use the Services only in compliance with these Terms and only if you have the power to form a contract with Pouch Data and are not barred under any applicable laws from doing so. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU MUST NOT USE THE SERVICES. Should you have any questions concerning this Agreement, please contact info@PouchData.com PLEASE NOTE THAT POUCH DATA DOES NOT PROVIDE WARRANTIES FOR THE SERVICES.  SEE SECTIONS 13 (NO WARRANTY).THIS CONTRACT ALSO LIMITS OUR LIABILITY TO YOU.  SEE SECTION 16 (LIMITATION OF LIABILITY)


1. CHANGES TO THESE TERMS


We reserve the right to change these Terms at any time. We will date and post the most current version of these Terms on the Pouch Data website. Any changes will be effective upon posting the revised version of these Terms (or such later effective date as may be indicated at the top of the revised Terms). If in our sole discretion we deem a revision to these Terms to be material, we will notify you through the Service and/or by email to the email address associated with your account. Notice of other changes may be provided on our web site at www.PouchData.com (the “Site”) or related Pouch Data blogs. Therefore, we recommend that you check the date of these Terms whenever you visit the Site to see if these Terms have been updated. Your access or use of any portion of the Services after you are provided notice of any change constitutes your acceptance of such change. If you do not agree to any of the changes, we are not obligated to continue providing the Service, and you must cancel and stop using the Service.


2. ACCESS TO THE SERVICE


You may use the Service, on a non-exclusive basis, solely in strict compliance with these Terms and all applicable laws


3. USE OF ACCOUNTS


To obtain access to certain Services, you may be required to become a Registered User by by completing a registration form and designating a user ID and password to establish an account with Pouch Data. Until you apply for and are approved for an account your access to the Service will be limited to the areas of the Service, if any, that Pouch Data makes available to the general public. When registering with Pouch Data you must: (a) provide accurate, current and complete information about yourself as requested by the Service's registration form ( the "Registration Data"); and (b) maintain and promptly update the Registration Data so that it stays accurate, current and complete. Pouch Data may deny approval or withdraw its approval at any time in its sole discretion, with or without cause. Only you may use your Pouch Data account. You must keep your account and passwords confidential and not authorize any third party to access or use the Service on your behalf, unless we provide an approved mechanism for such use. Pouch Data will not be liable for any loss or damage arising from any unauthorized use of your accounts. If the Registered User of the account you are using is someone else such as an employer or school that is permitting you to use its account, that party has rights to the account and may: manage the account, reset the password, or suspend or cancel the account; view the account's usage and profile data, including how and when the account is used; and read or store Content in the account. If you are an individual Registered User of the Service, and the domain of the primary email address associated with your account is owned by an organization and was assigned to you as an employee, contractor or member of such organization, and that organization wishes to establishes a commercial relationship with us and add your account to such relationship, then, if you do not change the email address associated with your account, your account may become subject to the commercial relationship between Pouch Data and such organization and will be controlled by such organization.


4. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION


As a Registered User of Pouch Data, you agree that we may send you communications or data regarding the Services, including but not limited to: (a) notices about your use of the Services, including any notices concerning violations of use; (b) updates; and (c) promotional information and materials regarding Pouch Data's products and services, via electronic mail. You may opt-out of receiving promotional electronic mail from us by following the opt-out instructions provided in the message.


5. OWNERSHIP OF AND RESPONSIBILITY FOR CONTENT


We do not claim ownership of any Content that is transmitted, stored, or processed in your account(s), except for material that we license to you. We also do not control, verify, or endorse the Content that you and others make available on the Service. We provide functions that allow you to control who may access your Content. If you enable the features that allow you to share the Content with others, anyone with whom you share Content (including the general public, in certain circumstances) may have access to your Content. You hereby grant Pouch Data and its contractors the right to transmit, use and disclose Content posted on the Service solely to the extent necessary to provide the Service, as otherwise permitted by these Terms, to comply with any request of a governmental or regulatory body (including subpoenas or court orders), as otherwise required by law, and to respond to an emergency which Pouch Data reasonably believes requires Pouch Data to disclose information to assist in preventing the death or serious bodily injury of any person. You represent and warrant that: (a) you have all the rights in the Content necessary for you to use the Service and to grant the rights in this Section; and (b) the storage, use or transmission of the Content does not violate any law or these Terms. You will: (a) be solely responsible for the nature, quality and accuracy of the Content; (b) ensure that the Content (including the storage or transmission thereof) complies with these Terms and any and all applicable laws, and regulations; (c) promptly handle and resolve any notices and claims relating to the Content, including any notices sent to you by any person claiming that any Content violates any person's rights, such as take-down notices pursuant to the Digital Millennium Copyright Act and any other notices; and (d) maintain appropriate security, protection and backup copies of the Content, which may include, your use of additional encryption technology to protect the Content from unauthorized access. Pouch Data will have no liability of any kind as a result of the deletion of, correction of, destruction of, damage to, loss of or failure to store or encrypt any Content. You must immediately notify Pouch Data in writing of any unauthorized use of: (a) any Content (b) any of your accounts; or (c) the Service that comes to your attention. In the event that any such unauthorized use is by any third party that obtained access through you, you will take all steps necessary to terminate such unauthorized use. You will provide Pouch Data with cooperation and assistance related to any such unauthorized use as Pouch Data may reasonably request. The Service is provided from locations within the United States. By using and accessing the Service, you understand and consent to the storage and processing of the Content and any other personal information in the United States. Content will not be stored outside of the United States.


6. SUSPENSION OR TERMINATION OF USE OF THE SERVICE


We reserve the right, to temporarily suspend or terminate your access to the Service at any time in our sole discretion, with or without cause, with or without notice, and without incurring liability of any kind. For example, we may suspend or terminate your access to or use of the Service for: (a) the actual or suspected violation of these Terms; (b) the use of the Services in a manner that may cause Pouch Data to have legal liability or disrupt others' use of the Services; (c) the suspicion or detection of any malicious code, virus or other harmful code by you or in your account; (d) scheduled downtime and recurring downtime; (e) use of excessive storage capacity or bandwidth; or (f) unplanned technical problems and outages. If, in Pouch Data's determination, the suspension might be indefinite and/or Pouch Data has elected to terminate your access to the Service, Pouch Data will use commercially reasonable efforts to notify you through the Service and/or by email to the email address associated with your account. You acknowledge that if your access to the Service is suspended or terminated, you may no longer have access to the Content that is stored with the Service. Upon termination by Pouch Data, for reasons other than cause, you may request access to your Content, which we will make available for an additional fee. You must make such request with five (5) days following termination. Otherwise, any Content you have stored with the Service will not be retrievable, and we will have no obligation to maintain any data stored in your account. In addition to other termination provisions, if your account is not currently subject to a paid subscription plan with us, we at our discretion may terminate your account if: (a) you do not engage in any activity in your account within thirty (30) days after becoming a Registered User; or (b) you do not engage in any activity in your account for any period of one hundred and twenty (120) consecutive days. In the event of such termination, any Content you may have stored will be lost.


7. UNACCEPTABLE USE


You must not use the Service to harm others or the Service. For example, you must not use the Service to harm, threaten, or harass another person, organization, or Pouch Data and/or to build a similar service or website. You must not: damage, disable, overburden, or impair the Service (or any network connected to the Service); resell or redistribute the Service or any part of it; use any unauthorized means to modify, reroute, or gain access to the Service or attempt to carry out these activities; or use any automated process or Service (such as a bot, a spider, or periodic caching of information stored by Pouch Data) to access or use the Service. In addition, you promise that you will not and will not encourage or assist any third party to:


  • modify, alter, tamper with, repair or otherwise create derivative works of any Software;
  • reverse engineer, disassemble or decompile the software used to provide or access the Service, including the Software, or attempt to discover or recreate the source code used to provide or access the Service, except and only to the extent that the applicable law expressly permits doing so;
  • use the Service in any manner or for any purpose other than as expressly permitted by these Terms, the Privacy Policy, any User Guides or any other policy, instruction or terms applicable to the Service that are available on the Service ("Policies");
  • sell, lend, rent, resell, lease, sublicense or otherwise transfer any of the rights granted to you with respect to the Services to any third party;
  • remove, obscure or alter any proprietary rights notice pertaining to the Service;
  • access or use the Service in a way intended to improperly avoid incurring fees or exceeding usage limits or quotas;
  • use the Service in connection with the operation of nuclear facilities, aircraft navigation, communication systems, medical devices, air traffic control devices, real time control systems or other situations in which the failure of the Service could lead to death, personal injury, or physical property or environmental damage;
  • use the Service to: (i) engage in any unlawful or fraudulent activity or perpetrate a hoax or engage in phishing schemes or forgery or other similar falsification or manipulation of data; (ii) send unsolicited or unauthorized junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) store or transmit inappropriate Content, such as Content: (1) containing unlawful, defamatory, threatening, pornographic, abusive, libelous or otherwise objectionable material of any kind or nature, (2) containing any material that encourages conduct that could constitute a criminal offense, or (3) in a way that violates or infringes upon the intellectual property rights or the privacy or publicity rights of any person or entity or that may otherwise be unlawful or give rise to civil or criminal liability; (iv) store or transmit any Content that contains or is used to initiate a denial of service attack, software viruses or other harmful or deleterious computer code, files or programs such as Trojan horses, worms, time bombs, cancelbots, or spyware; or (v) abuse, harass, stalk or otherwise violate the legal rights of a third party;
  • interfere with or disrupt servers or networks used by Pouch Data to provide the Service or used by other users' to access the Service, or violate any third party regulations, policies or procedures of such servers or networks or harass or interfere with another user's full use and enjoyment of any Software or the Service;
  • access or attempt to access Pouch Data's other accounts, computer systems or networks not covered by these Terms, through password mining or any other means;
  • cause, in Pouch Data's sole discretion, inordinate burden on the Service or Pouch Data's system resources or capacity; or
  • share passwords or other access information or devices or otherwise authorize any third party to access or use the Software or the Service.

Pouch Data reserves the right, in its sole discretion, to deactivate, change and/or require you to change your Pouch Data user ID and any custom or vanity URLs, custom links, or vanity domains you may obtain through the Services for any reason or for no reason. Pouch Data may exercise such right at any time, with or without prior notice. We will make all judgments concerning the applicability of these guidelines in our sole and absolute discretion. We reserve the right, in our sole discretion, to determine whether and what action to take in response to each unacceptable use as described in this section and any action or inaction in a particular instance will not dictate or limit our response to a future complaint. We will not assume or have any liability for any action or inaction with respect to any Content.


8. SERVICE UPDATES


Pouch Data reserves the right, in its sole discretion, to make necessary unscheduled deployments of changes, updates or enhancements to the Service at any time. We may add or remove functions or features, and we may suspend or stop a Service altogether.


9. SOFTWARE LICENSE TERMS


If you receive Software from us, it is licensed, not sold. Its use is governed either by a license accepted by using the Software or the Terms. If you are presented with license terms that you must accept in order to use the Software, those terms apply. If no license is presented to you, these Terms apply. We reserve all other rights to the Software. We may automatically check your version of the Software. We may also automatically download to your computer or device new versions of the Software. Unless we specifically agree otherwise, the Software license ends when your Service ends. When the license ends you must promptly uninstall the Software, or we may disable it. You must not work around any technical limitations in the Software.


10. THIRD PARTY COMMUNICATIONS, CONTENT AND TRANSACTIONS


All communications and transactions with third parties using Pouch Data's services are solely between you and the third parties. The Services may contain features permitting you to link with or providing you with certain access to third party content: including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. You acknowledge that we are not responsible for such content or services. Pouch Data is neither a party to any communication or transaction nor an agent of any party with respect to any such communication or transaction. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party. You are solely responsible for your dealings with any third party related to the Services, including the delivery of and payment for goods and services. Pouch Data shall have no liability, obligation or responsibility for any communication or transaction between you and any third-party. Similarly, we are not responsible for any third party content you access with the Services, and you irrevocably waive any claim against us with respect to such sites and third-party content. Finally, we will not be responsible for any problems that may result from your use of any third party service or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services.


11. POUCH DATA PROPRIETARY RIGHTS


As between Pouch Data and you, Pouch Data or its licensors own and reserve all right, title and interest in and to Pouch Services and all hardware, software and other items used to provide Pouch Services, other than the rights explicitly granted to you to use the Service in accordance with these Terms. No title to or ownership of any proprietary rights related to the Service is transferred to you pursuant to these Terms. All rights not explicitly granted to you are reserved by Pouch Data. In the event that you provide comments, suggestions and recommendations to Pouch Data with respect to the Service (including, without limitation, with respect to modifications, enhancements, improvements and other changes to the Service) (collectively, "Feedback"), You hereby grant to Pouch Data a world-wide, royalty free, irrevocable, perpetual license to use and otherwise incorporate any Feedback in connection with the Service.


12. PRIVACY


We collect certain information about you in order to operate the Service. As part of the Service, we may also automatically upload information about your computer or device, your use of the Service, and Service performance. We use and protect that information as described in the privacy policy located at https://www.Pouch Data.com/legal/privacypolicy/ ("Privacy Policy"). You further acknowledge and agree that we may access or disclose information about you, including the Content, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of Pouch Data or our customers, including the enforcement of our agreements or policies governing your use of the Service; or (c) act on a reasonable belief that such access or disclosure is necessary to protect the personal safety of Pouch Data employees, customers, or the public. We retain the right to block or otherwise prevent delivery of any type of file, email or other communication to or from the Service as part of our efforts to protect the Service, protect our customers, or stop you from breaching these Terms.


13. SERVICE PROVIDED AS IS / NO WARRANTY


POUCH DATA PROVIDES THE SERVICE "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POUCH DATA MAKES NO (AND SPECIFICALLY DISCLAIMS ALL) REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED, OR ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS. IN SUCH AN EVENT SUCH EXCLUSION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.


14. INDEMNIFICATION


To the extent permitted by law, You will defend Pouch Data against any cost, loss, damage, or other liability arising from any third party demand or claim that any Content provided by you, or your use of the Service, in breach of these Terms: (a) infringes a registered patent, registered trademark, or copyright of a third party, or misappropriates a trade secret (to the extent that such misappropriation is not the result of Pouch Data's actions); or (b) violates applicable law or these Terms. Pouch Data will reasonably notify you of any such claim or demand that is subject to your indemnification obligation.


15. LIMITATION OF LIABILITY


IN NO EVENT WILL POUCH DATA, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A): ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF POUCH DATA HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF POUCH DATA AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, RELATING TO THE SERVICES WILL BE LIMITED TO THE GREATER OF AN AMOUNT EQUAL TO THREE MONTHS OF YOUR SERVICE FEE FOR THE SERVICE OR FIVE DOLLARS ($5.00). THE LIMITATIONS AND EXCLUSIONS APPLY WHETHER OF NOT THIS REMEDY FULLY COMPENSATES YOU FOR ANY LOSSES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES. IN SUCH AN EVENT THIS LIMITATION WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY LAW.


16. IDENTITY OF CONTRACTING PARTY; GOVERNING LAW; LOCATION FOR RESOLVING DISPUTES


You are contracting with Cirrus Datacenter, Inc., d/b/a Pouch Data with an address at 1816 Old St. Augustine Rd, Tallahassee, Fl 32301. The laws of the State of Florida, U.S.A. govern the interpretation of these Terms and apply to claims for breach of these Terms, regardless of conflict of laws principles. The parties specifically exclude from application to these Terms the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. All other claims, including claims regarding consumer protection laws, unfair competition laws, and in tort, will, only to the extent required by applicable law, be subject to the laws of your state of residence in the United States, or, if you live outside the United States, the laws of the country in which you reside. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts for Leon County Florida, for all disputes arising out of or relating to these Terms.


17. NOTICES


We may send you, in electronic form, information about the Service, additional information, and information the law requires us to provide. We may provide required information to you by email at the address you specified when you signed up for the Service or by access to a website that we identify. Notices emailed to you will be deemed given and received when the email is sent. If you do not consent to receive notices electronically, you must stop using the Service. You may provide legal notices to us by email at info@PouchData.com, with a duplicate copy sent via registered mail, return receipt requested, to the following address: Pouch Data 1816 Old St Augustine Rd, Tallahassee, FL 32301. Any such notice, in either case, must specifically reference that it is a notice given under these Terms.


18. FEES & PAYMENTS


18.1 Fees


The fees applicable for the Service ("Fees") are available on the Site and/or in Pouch Data’s then-current published price list. The price stated for the Service excludes all taxes and charges, unless stated otherwise. You're responsible for any taxes and for all other charges incidental to using the Services (for example, data charges and currency exchange settlements). You will pay the Fees in the currency Pouch Data quoted for your account. Pouch Data reserves the right to change the quoted currency at any time. We'll notify you in advance, either through the Service or to the email address you have most recently provided to us, if we change the price of the Service. If there is a specific length and price for your Service already in effect, that price will remain in force for that time. After the period ends for your current Service, your use of the Service will be charged at the then-current price. If your Service is on a period basis (for example, monthly) with no specific length, we will notify you of any price change at least 30 days in advance. If you don't agree to any change, you must cancel and stop using the Service via email sales@PouchData.com and obtain a confirmation of your cancellation from a Pouch Data representative no later than three (3) business days prior to the conclusion of your current payment term, whether monthly, yearly, or otherwise. If you cancel, your Service ends at the end of your current Service period or payment period. If you fail to cancel in accordance with these Terms, we will automatically renew the Service at the then-current price and for the same subscription period and will charge your credit card on file with us commencing on the first day of the renewal of the subscription period.


18.2 Payment


You must be authorized to use the credit card that you enter when you create a billing account. You authorize us to charge you for the Service using your credit card and for any paid feature of the Service that you choose to sign up for or use while these Terms are in force. We may bill: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. Also, we may charge you up to the amount that you have approved. We will notify you in advance of the difference for recurring subscription services. We may bill you simultaneously for more than one of your prior billing periods. We may automatically renew your Service and charge you for any renewal term. All paid accounts are due the date the invoice is posted on your account. Except as specifically set forth in this section, all Services are prepaid for the period selected (monthly, yearly or otherwise) and are non-refundable. This includes accounts that are renewed. You must keep all information in your billing account current. You can access and modify your billing account information using the on the Site. You may change your payment method at any time. If you tell us to stop using your payment method and we no longer receive payment from you for the paid Service, we may cancel that Service. Your notice to us will not affect charges we submit to your billing account before we reasonably could act on your request. Except as prohibited by law, we may assess a late charge if you do not pay on time. You must pay these late charges when we bill you for them. The late charge will be the lesser of 2 percent of the unpaid amount each month or the maximum rate permitted by law. We may use a third party to collect past due amounts. You must pay for all reasonable costs we incur to collect any past due amounts, including reasonable attorneys' fees and other legal fees and costs. We may suspend or cancel your Service if you fail to pay in full or on time.


18.3 Trials


If you are currently on our free 10-day trial, you may cancel or downgrade your account, free of charge, at any time until ten (10) days after your account was created. (The day of creation constitutes the first day of the 10-day trial.) The last day of the 10-day trial signifies the due date of the first payment. If payment is not received by Pouch Data on the due date, user's account will be frozen, inaccessible, and all shared links will be turned off until all outstanding payments have been processed by Pouch Data. Users retain the responsibility for settling all outstanding balances in a timely manner and maintaining updated billing information. If not complied with, at the end of 90 days, user's account will be deactivated and all files will no longer be retrievable. Unless we notify you otherwise, if you're participating in any trial period offer, you must cancel the Service by the end of the trial period to avoid incurring charges. If you do not cancel your Service and we have told you the Service will convert to a paid subscription at the end of the trial period, you authorize us to charge your credit card for the Service and no credits or refunds will be available. You may, however, cancel your subscription before the next billing in accordance with the terms of this Agreement. If you are a paid non-trial user you will not be issued a refund for your most recent (or any previous) billing, unless you are on a NON-TRIAL Annual Subscription Plan, in which event you may obtain a refund of a renewal fee only if you request the refund within thirty (30) days of the day on which you were charged for the renewal of your account; and in such an event, only a partial refund equivalent to 80% of the annual renewal fee will be returned.


19. SUBSCRIPTION PERIOD


You may elect one of the following subscription plans and billing options:


  • A monthly subscription plan (“Monthly Subscription Plan”). The subscription period for the Monthly Subscription Plan will be one month and will automatically renew unless you cancel your Monthly Subscription Plan in accordance with these Terms at least three (3) business days prior to the renewal date. You will be billed monthly for the Monthly Subscription Plan on or about the same day each month until such time that you cancel your Monthly Subscription Plan.

20. MISCELLANEOUS


20.1. Severability; Entire Agreement


These Terms apply to the maximum extent permitted by applicable law. If a court holds that we cannot enforce a part of these Terms as written, you and we will replace those terms with similar terms to the extent enforceable under the relevant law, but the remaining Terms will remain in effect. This is the entire contract between you and us regarding the Service. It supersedes any prior contract or oral or written statements regarding your use of the Service.


20.2. Assignment and transfer


We may assign, transfer, or otherwise dispose our rights and obligations under this contract, in whole or in part, at any time without notice. You may not assign this contract or transfer any rights to use the Service.


20.3. Independent Contractors; No third-party beneficiaries


Pouch Data and you are not legal partners or agents; instead, our relationship is that of independent contractors. This contract is solely for your and our benefit. It is not for the benefit of any other person, except for our successors and assigns.


2.4. Time Limitation on Claims


You must file any claim related to these Terms or the Service within one year of the date you could first bring the claim.. If a claim is not timely brought , the claim is permanently barred.


20.5. Waiver


The failure of either party to insist upon or enforce strict performance of any of the provisions of these Terms or to exercise any rights or remedies under these Terms will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision, right or remedy in that or any other instance; rather, the same will remain in full force and effect.


21. NOTICES OF COPYRIGHT INFRINGEMENT AND REMOVAL POLICY


Pouch Data does not tolerate content that appears to infringe any copyright or other intellectual property rights or otherwise violates these Terms and will respond to notices of alleged copyright infringement that comply with the law and are properly provided to us. We reserve the right to delete or disable Content alleged to violate these Terms and to terminate repeat infringers. Our designated agent for notice of alleged copyright infringement is: Cirrus Datacenter, Inc., d/b/a Pouch Data.
1816 Old St Augustine Rd, Tallahassee, FL 32301 Phone: 850-391-1022
 email: info@PouchData.com Federal law requires your DMCA Notice to include the following information:


  • Identification of the copyrighted work that you claim has been infringed;
  • Identification of the material, including URL, that you claim is infringing, with enough detail so that we may locate it;
  • Your address, telephone number, and e-mail address;
  • 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
  • Your physical or electronic signature.

22. INTELLECTUAL PROPERTY NOTICES


All contents of the Site and Services including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement are proprietary property protected by a copy right held by Cirrus Datacenter, Inc. d/b/a Pouch Data , and/or the proprietary property of its suppliers, affiliates, or licensors. All Rights Reserved. Pouch Data and the Pouch Data logo are including without limitation, either trademarks, service marks or registered trademarks of Cirrus Datacenter, Inc., and may not be copied, imitated, or used, in whole or in part, without Cirrus Datacenter's prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners. Cirrus Datacenter, Inc. may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter that is part of the Service. Unless we have granted you licenses to our intellectual property in these Terms, our providing you with the Service does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.