|SKYSITE Users||Monthly Fee||RapidStart★||Storage|
|One Time Fee|
|Up to 5 Users||30 Day Free Trial||Not Applicable||1 GB|
|Up to 10 Users||$100||$245||Unlimited|
|Up to 20 Users||$200||$245||Unlimited|
|Up to 30 Users||$300||$245||Unlimited|
|Up to 60 Users||$600||$245||Unlimited|
|Up to 120 Users||$900||$245||Unlimited|
|Unlimited Users||Call 844.SKYSITE for a quote||$245||Unlimited|
Questions? Call 844.SKYSITE or email at email@example.com
This TOU constitutes a legal and binding agreement between ARC DOCUMENT SOLUTIONS, L.L.C. and its affiliates (collectively, “ARC”) on the one hand,and the person or legal entity who has purchased (the “Customer”) a subscription to access the information, printed materials and “online” or electronic documentation, images, software and products constituting the SKYSITE™ software (collectively, the “SKYSITE™ Products”) and Customer’s employees, consultants, contractors, and other parties who access the SKYSITE™ Services through Customer’s subscription (“Users”) on the other. (Customer and User are sometimes collectively referred to herein as “you.”) Customer's and Users’ right to access and use the SKYSITE™ Products and services through this website (the "Site"), to use or download documents and certain other materials from the Site, and to use and access any customer support services purchased by Customer with respect to its subscription (“Customer Support Services”) is governed by this TOU.In addition, when using the SKYSITE™ Products, or entering the Site, you shall be subject to any posted guidelines or rules applicable to such services that may contain terms and conditions in addition to this TOU. All such guidelines or rules are hereby incorporated by reference into this TOU. If you breach any terms of this TOU, your authorization to use this Site and the SKYSITE™ Products automatically terminates and you must immediately destroy any materials downloaded or printed from the Site.
The Site contains links to third-party web sites that are not under the control of ARC. ARC makes no representations whatsoever about any third-partyweb site to which Customer or User may have access through the Site. ARC is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on third-party web sites; for the quality of any products or services available on such sites; or for any damage or loss caused or alleged to be caused through or in connection with use of or reliance on the content, goods, or services available on or through any such link, site, or resource. ARC provides these links merely as a convenience and the inclusion of such links does not imply that ARC endorses or accepts any responsibility for the content or uses of any third-party web sites.
You are solely responsible for the content of any materials, comments, information, questions, data, feedback, ideas, descriptions of processes, or other information submitted through the Site by you or at your direction. You may only submit to the Site, content that is (a) owned by you, (b) submitted with the express permission of the owner, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other materials that would violate any law or the rights of others, including without limitation, laws against copyright infringement. ARC reserves the right to restrict or terminate your access to the site at any time without notice in the event ARCbelieves you have violated this TOU.
For any information, materials, or documents of any kind submitted or placed on the Site by Customers or Users ("User Content"), Customer shall obtain any and all necessary licenses to, or releases of intellectual or proprietary rights in or to the User Content to enable lawful use before submission to the Site. By submitting User Content for posting on the Site, Customer represents and warrants that Customer is authorized to and has all necessary legal right to make the User Content available through the Site. ARC expressly reserves the right to refuse to post on the Site and to remove from the Site at any time any materials submitted by a Customer or User at ARC’s sole discretion. Customer warrants that User Content will not violate the personal, proprietary, or intellectual property rights of any third party or violate the SKYSITE™End User License Agreement.
By virtue of these licenses, ARC obtains the rights set out in the license and does not obtain any additional right, title, or interest to any copyright, patent, trademark, or other intellectual property right in or to the User Content. Except to the extent your name or identity is disclosed by or through the configuration of your internet browser or e-mail software or other systems used by you during any submissions to or participation in user groups, user forums, chat rooms, or similar services which we may offer from time to time, ARC will not release your name or otherwise publicize the fact that you submitted such User Content to the Site unless:
ARC may establish general practices and limits on the use of any service offered through the Site, including, but not limited to, limits on retention time, file size, and storage space for User Content. ARC shall have no liability or responsibility for the deletion or failure to store any information or materials in connection with any service offered through the Site.
Use of User Content. By using the Site, you acknowledge that:
Right to Remove or Disable Access. If ARC is made aware of User Content that may violate the SKYSITE™ Acceptable Use Policy and/or any other provision of this TOU, ARC has the right, but not the obligation, to remove or disable access to that User Content.
Security. ARC implements security procedures to help protect User Content from security attacks. However, you understand that use of the SKYSITE™ Products necessarily involves transmission of User Content over networks that are not owned, operated or controlled by ARC, and we are not responsible for any User Content lost, altered, intercepted or stored across such networks. We cannot guarantee that our security procedures will be error-free, that transmissions of User Content will always be secure or that unauthorized third parties will never be able to defeat our security measures or those of our third party service providers.
Storage Limits. There may be storage limits associated with the SKYSITE™ Products. These limits are described in the services descriptions on our websites or in the documentation for the SKYSITE™ Products. ARC reserves the right to charge for additional storage or overage fees at the rates specified on our website. We may impose new, or may modify existing, storage limits for the SKYSITE™ Products at any time in our discretion, with or without notice to you.
SKYSITE™ Acceptable Use Policy.This Acceptable Use Policy forms an integral part of the TOU. If you do not agree to this policy, do not use the SKYSITE™ Products or services. Under this policy, we reserve the right to remove content that is inconsistent with these guidelines and/or the spirit of the guidelines. Activities that do not technically violate the policy, but appears similar to or has an effect similar to those of the prohibited uses here will equally violate this policy. Customer and User incur the following obligations and each agrees not to use the SKYSITE™ Products, or any portion thereof, to:
Without affecting any other remedies available under this TOU or otherwise, arc may permanently or temporarily terminate or suspend a customer and/or user’s account or access to the SKYSITE™ Products without notice or liability if ARC (in its sole discretion) determines that a Customer or User has violated this policy.
ARC respects the intellectual property rights of others and requires that Customers and Users do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the address here under:
ARC Copyright Agent
1981 N. Broadway, Suite 385
Walnut Creek, CA 94596
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing material posted on the Site and we will investigate those complaints. If we believe, in good faith, that the posted material violates any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
The Site is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, ARC’s liability for defamation and other claims arising out of any postings to the Site by third parties is limited as described therein. ARC is not responsible for content or any other information posted to the Site by third parties. ARC neither warrants the accuracy of such postings nor exercises any editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
Californians have rights to the following information pursuant to California Civil Code Section 1789.3 and California Business and Professions Code Section 17538. ARC is located at 1981 North Broadway, Suite 385, Walnut Creek, California 94596. Please feel free to contact us to resolve issues regarding any aspect of the SKYSITE™ Products by writing to the address specified above in this section or emailing us at firstname.lastname@example.org. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 400 R. Street, Suite 3090, Sacramento, California or by calling 1-800-952-5210.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT SIGNED BY AUTHORIZED REPRESENTATIVES OF YOU AND ARC, YOUR USE OF THESKYSITE™ PRODUCTS, THE CUSTOMER SUPPORT SERVICES, THE SITE AND YOUR USE OF ANY THIRD-PARTY SITES ARE PROVIDED "AS IS," “WHERE IS,” "AS AVAILABLE" AND “WITH ALL FAULTS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW,WITHOUT WARRANTY OF ANY KIND. ARC DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SKYSITE™ PRODUCTS, THE CUSTOMER SUPPORT SERVICES AND THE SITE, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND ANY WARRANTIES REGARDING QUIET ENJOYMENT, QUALITY OF INFORMATION, SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SKYSITE™ PRODUCTS. WITHOUT LIMITING THE FOREGOING, ARC MAKES NO WARRANTY THAT
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. ARC MAY MAKE CHANGES TO THE SKYSITE™ PRODUCTS AVAILABLE THROUGH THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE SKYSITE™ PRODUCTS AVAILABLE THROUGH THE SITE MAY BE OUT OF DATE, AND ARC MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
ARC ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE SKYSITE™PRODUCTS, THE CUSTOMER SUPPORT SERVICES, THE SITE, OR FOR INFORMATION, MATERIALS, OR SERVICES OF THIRD PARTIES THAT ARE REFERENCED BY OR LINKED TO THIS SITE.
IN NO EVENT SHALL ARC OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COST TO PROCURE SUBSTITUTE SERVICES OR PRODUCTS, ANY SPECIAL, PUNITIVE, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, LOSS OF DATA, LOST PROFITS, LOST REVENUES OR BUSINESS INTERRUPTION, ON ANY THEORY OF LIABILITY ARISING OUT OF YOUR USE OF (OR YOUR INABILITY TO USE) THIS SITE, THE SKYSITE™ PRODUCTS, THE CUSTOMER SUPPORT SERVICES OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE, WHETHER OR NOT ARC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
THE SKYSITE™ PRODUCTS MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT ARC DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT
IN ADDITION TO THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE, IN NO EVENT WILL ARC’S LIABILITY FOR THE SUBJECT MATTER OF THIS AGREEMENT EXCEED THE TOTAL AMOUNT OF SUBSCRIPTION FEES PAID BY YOU IN THE TWELVE (12) CALENDAR MONTHS PRIOR TO THE DAMAGE ARISING.
EACH OF CUSTOMER AND USER ACKNOWLEDGES THAT THE ALLOCATION OF RISK AND THE LIMITATIONS OF LIABILITIES CONTAINED IN THIS TOU IS A MATERIAL CONSIDERATION FOR THE PROVISION OF SKYSITE™ PRODUCTS.
This TOU and the license to the SKYSITE™ Products will commence at the time and date on which you click the “I AGREE” button or install, access or use the SKYSITE™ Products, whichever is earlier. This TOU, the license and subscription to the SKYSITE™ Products will automatically terminate upon the earlier of cancellation of your subscription
ARC MAY, IN ITS SOLE DISCRETION, DENY USE OF AND ACCESS TO ALL OR ANY PORTION OF THE SKYSITE™ PRODUCTS, INCLUDING SUSPENDING OR TERMINATION YOUR LICENSE AND ACCOUNT, IF YOU ARE USING THE SKYSITE™ PRODUCTS IN A MANNER NOT CONTEMPLATED BY THIS TOU OR IN VIOLATION OF LAW.
Termination is in addition to all other legal or equitable remedies available to either party. Upon termination of this TOU for any reason, Customer and User shall cease to access or to use any of the SKYSITE™ Products.
Customer shall, at Customer’s own expense, indemnify, defend, and hold ARC and its subsidiaries, affiliates, officers, employees, agents, suppliers and other partners harmless from and against any losses, costs, damages, liabilities, and expenses (including reasonable attorneys' fees), arising out of or related to a third-party claim, action or allegation
ARC’s failure to enforce any provision of this TOU will not be construed as a waiver of any provision or right in favor of ARC. In the event that a portion of this TOU is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. Waiver by either party of a breach of any provision of this TOU or the failure by either party to exercise any right hereunder shall not operate or be construed as a waiver of any subsequent breach of that right or as a waiver of any other right.
ARC will not be liable in any manner for failure to perform any obligation under this TOU if such failure is caused by the occurrence of cause beyond the reasonable control of ARC, including, without limitation, outages of the Internet or connections thereto, communications outages, labor shortage, earthquake, fire, flood, war, or act of God, or any acts of governmental bodies or authorities.
This Site (excluding third-party web sites) is controlled by ARC from its offices within the State of California, United States of America. By accessing this Site, you agree that the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof, shall govern all matters relating to your access to, or use of, this Site, the SKYSITE™ Products and Customer Support Services. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the state courts in San Francisco County and the United States District Court for the Northern District of California with respect to such matters. ARC makes no representation that the SKYSITE™ Products available on this Site are appropriate or available for use in other locations, and accessing them from jurisdictions where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so at their own at their own risk and are responsible for compliance with local laws.
All or any portion of this Site may not be reproduce, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without express written consent of ARC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ARC without ARC’s express written consent. You may not use any meta tags or any other ‘hidden text’ utilizing ARC’s name or trademarks without ARC’s express written consent. Any unauthorized use terminates the permission or license granted by ARC.
Last updated: Febuary, 2015.
As part of the service offered through the website, SKYSITE™ customers may send a file to one or more recipients by email. The message created by a SKYSITE™ customer will be sent on the SKYSITE™ customer's behalf to the email addresses specified by the customer during the "send file" process. Email addresses will be stored in the address book created by the customer and will be used only for the purpose of sending the email communications.
The SKYSITE™ Website may enable you to register, or allow you to contact others, through your social media accounts, such as your Facebook®, LinkedIn®, or Google+®/Gmail® accounts. To the extent it does and you use these features, you may be asked to allow the SKYSITE™ Website to access your contacts in that account. Be assured that SKYSITE™ does not use such contact information for anything other than as necessary to take the permitted actions you request. Of course, the personal information contained in your social media accounts is subject to the privacy policies of the companies operating those accounts, and you should review those policies to be clear on those companies’ collection and use of your information.
We continually evaluate our efforts to protect your personal information and make every effort to keep your personal information accurate and up to date. If you want to correct or update your contact information, you may contact us by email at email@example.com. or by mail at SKYSITE™ Support Team, 1981 N. Broadway, Suite 385, Walnut Creek, CA 94596, USA.
Identity theft and the practice currently known as "phishing" are of great concern to us. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, your account ID or login password in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the Federal Trade Commission's web site.
Other than as described in this section, we do not rent or share information about you with third parties.
Posting File Comments: SKYSITE™ customers have the ability to post comments on the file download, file share, file comments and dropbox invitation email pages. Any information you choose to provide in a comment should reflect how much you want other users to know about you. We recommend that you guard your anonymity and sensitive information and we encourage you to think carefully about what information you disclose in your comments. We are not responsible for any personally identifiable information you
Enterprise Accounts: If you are an individual user, and the primary email address associated with your account is owned by your employer and your employer establishes an enterprise account with SKYSITE™ and adds you to that account, then certain information concerning past use of your individual account may become accessible to the administrator of your employer's enterprise account, such as the text and subject of messages you have sent, the file names and content of files you have sent, the date and time messages were sent, and the email addresses of the recipients; provided, however, that such information with respect to files that have expired or that have been deleted by you will no longer be accessible to you or to the administrator of your enterprise account.
All SKYSITE™ subscribers may review, update, correct or delete the personal information in their registration profile by logging into their account and changing the "user preferences" associated with their account. In order to disable your account, please submit a support request to firstname.lastname@example.org.
We may retain your account information indefinitely, regardless of whether you have disabled your account on the Website. We will retain log data in accordance with applicable legal requirements. In the event of an investigation by law enforcement or in connection with our response to claims or legal process, we may retain the log data until such investigation or process is completed.
We take safeguarding your information very seriously. We employ generally-accepted, industry-standard administrative, physical and electronic measures designed to protect the personal information from unauthorized access, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic data storage is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its security.
The Website contains links to other third party web sites. If you choose to visit a third party Website, such as an advertiser, by clicking on a banner ad or clicking on another third party link, you will be directed to that third party's web site. The fact that the Website presents links to third party websites or presents banner or other types of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party web sites. These other web sites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other web sites you visit. Our policy toward children This Website is not directed to children under the age of 18. 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 without their consent, the parent or guardian should contact us at email@example.com. If we become aware that a child under the age of 13 has provided us with personal information, we will delete such information from our files.
We may contact you via e-mail to survey your satisfaction of our service and/or to inform you of additional products and services.
If you want to opt out of these surveys and/or notices, you may reply to any e-mail that we send you by including the word "unsubscripted" in the subject line of your e-mail.
Please note that you will still receive communications from us regarding your account even if you opt out of receiving our surveys and/or notices of additional products and services.
Last updated: Febuary, 2015.