Cincopa.com Terms of Service
(Last Updated: February 20, 2013)
Welcome to Cincopa.com. We provide products (the “Products”) available at
our Web site (the “Site”) http://www.cincopa.com to you (“you” or “User”).
The following terms and conditions, along with any other policies or guidelines
posted on this Site, shall govern your use of this Site and Products, whether directly
or through a third-party site. By using this Site, the Products, and any service,
application, plug-in, component, functionality, or program created by Cincopa.com,
you are agreeing to the following terms and conditions. Please read them carefully
before using this Site. Should you have any questions concerning this Agreement,
please contact support@cincopa.com.
By visiting this Site and/or by completing the registration process for the Products,
you represent and warrant that you have read, understand, have the legal capacity
to, and hereby agree to be legally bound by these terms and conditions. Cincopa.com
is available ONLY TO USERS 13 YEARS OF AGE OR OLDER. REGISTRANTS BETWEEN THE
AGES OF 13 AND 18 MUST HAVE A PARENT ASSIST IN THE COMPLETION OF
REGISTRATION.
A.
MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter
these terms and conditions at any time. You can find the most recent version
of these terms and conditions on the Site, with the date of last modification noted
above. Such modifications shall become effective immediately upon the posting
thereof. Therefore, we encourage you to check the date of our terms and conditions
whenever you visit this Site to check if they have been updated. You must
review this agreement on a regular basis to keep yourself apprised of any changes.
If you do not agree to the revised terms and conditions, your sole recourse is to
immediately stop all use of the Products. Your continued use of the Products
following the posting of modifications will constitute your acceptance of the revised
terms and conditions. Should you have any questions regarding the use of our
Site, please contact support@cincopa.com.
B.
YOUR REGISTRATION AND INSTALLATION OBLIGATIONS.
We provide the Products for your personal use. You may not use the Products
to conduct business without a separate written contract with Cincopa.com.
You may not authorize any third party to access or use the Products on your behalf.
You are responsible for maintaining the confidentiality of the user ID and password,
and are fully responsible for all activities that occur under your user ID or password.
You agree to immediately notify Cincopa.com of any unauthorized use of your user
ID or password or any other breach of security. Cincopa.com cannot and will
not be liable for any loss or damage arising from any unauthorized use of your account.
C.
CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION.
By registering with Cincopa.com, you understand that we may send you communications
or data from Cincopa.com regarding the Products, including but not limited to (i)
notices about your use of the Products, including any notices concerning violations
of use, (ii) updates, and (iii) promotional information and materials regarding
Cincopa.com’s products and products, via electronic mail. We give you the
opportunity to opt-out of receiving electronic mail from us by following the opt-out
instructions provided in the message.
D.
USER CONDUCT/ACCEPTABLE USE POLICY.
Unauthorized use of the Cincopa.com service, or the resale of said service without
our prior written consent, is expressly prohibited. You shall not copy, sell, transfer,
distribute, publish, or assign your license to our products in any format to any
third party. In addition, you may not use the Products in any way that violates
applicable federal, state, or international law, or for any unlawful purpose.
Further, you may not use the Products to send, receive, or download messages or
materials that are inappropriate or violate the intellectual property rights of
Cincopa.com or others.
To the extent that the Products provide Users an opportunity to store and exchange
information, materials, data, files, programs, ideas and opinions (“User Content”),
you hereby represent and warrant that you have all necessary rights in and to all
User Content you provide and all information contained therein. By registering
to use the Products, you understand and acknowledge that Cincopa.com and its contractors
retain an irrevocable, royalty-free, worldwide license to use, copy, and publicly
display such content for the sole purpose of providing to you the Products for which
you have registered. In the event that you give Cincopa.com the right to
distribute your content, additional terms may apply to Cincopa.com's usage or distribution
of this content. You continue to retain all ownership rights in any User Content
you provide and shall remain solely responsible for your conduct, your User Content,
and any material or information transmitted to other Users for interaction with
other Users. Cincopa.com does not claim any ownership rights in any User Content.
Content posted by Users and other non-Cincopa.com contributors are generally not
reviewed by Cincopa.com. Cincopa.com shall have the right, but not the obligation,
to reject, refuse to post, or otherwise monitor all content displayed by users,
and may remove or require users to remove all content that Cincopa.com, in its sole
discretion, deems to be (a) inconsistent with Cincopa.com’s strategic mission and
vision and/or these Terms of Use; or (b) possibly in violation of applicable law.
In addition, Cincopa.com has the right to remove any content if Cincopa.com has
reason to believe that displaying such content may infringe the rights of a third
party or subject Cincopa.com to expense or liability. Please notify us at support@cincopa.com
regarding any content that you believe might violate applicable law or your intellectual
property rights.
Cincopa.com reserves the right, in its sole discretion, to determine whether and
what action to take in response to each such notification, and any action or inaction
in a particular instance shall not dictate or limit Cincopa.com’s response to a
future complaint. You acknowledge and agree that Cincopa.com shall not assume
or have any liability for any action or inaction by Cincopa.com with respect to
any User Content.
Additionally, Cincopa.com reserves the right, without limitation, to terminate your
access to and use of the Site and Products if, in our view, your conduct fails to
meet any of the following guidelines for User conduct:
1. You may not attempt to harm, disrupt, or otherwise engage in activity
that diminishes, the Cincopa.com Site, computer systems and network, or the Products.
2. You may not attempt to interfere with any other person’s use of the
Products.
3. You may not misrepresent your identity or impersonate any person.
4. You may not attempt to gain access to any account, computers or networks
related to the Products without authorization.
5. You may not attempt to obtain any data through any means from the
Products, except if we intend to provide or make it available to you.
6. You may not attempt to charge others to use the Products either directly
or indirectly.
7. You may not use the Products to participate in pyramid schemes or
chain letters.
8. You may not use the Products to send, either directly or indirectly,
any unsolicited bulk e-mail or communications or unsolicited commercial e-mail or
communications.
9. You may not use the Products for defaming, abusing, harassing, stalking,
threatening or otherwise violating the legal rights of others.
10. You may not use the Products to send or otherwise make available, any material
protected by intellectual property laws unless you own or control the rights to
such material or have received all necessary consents.
11. You may not use the Products to send or otherwise making available any material
that contains viruses, Trojan horses, worms, corrupted files, or any other similar
software that may damage the operation of another’s computer or property.
12. You may not use the Products to download any material sent by another User of
the Products that you know, or reasonably should know, cannot be legally distributed
in such manner.
13. You may not use the Products to violate any code of conduct or other guidelines
which may be applicable to the Products or the Site.
14. You may not use the Products to harvest or otherwise collecting information
about others, including e-mail addresses.
15. You may not attempt to modify, translate, adapt, edit,
copy, decompile, disassemble, or reverse engineer any software used or provided
by Cincopa.com in connection with the Cincopa.com Site or Products.
16. You may not use the Products in a manner that results in excessive bandwidth
usage, as determined by a representative of Cincopa.com.
All judgments concerning the applicability of these guidelines shall be at the sole
and exclusive discretion of Cincopa.com. Cincopa.com reserves the right, in
its sole discretion, to determine whether and what action to take in response to
each such notification, and any action or inaction in a particular instance shall
not dictate or limit Cincopa.com’s response to a future complaint. You acknowledge
and agree that Cincopa.com shall not assume or have any liability for any action
or inaction by Cincopa.com with respect to any User Content. Users shall remain
solely responsible for User Content, and any material or information transmitted
to other Users for interaction with other Users.
E.
INTELLECTUAL PROPERTY RIGHTS AND NOTICES.
You continue to retain all ownership rights in any User Content (as defined above)
you provide and shall remain solely responsible for your conduct, your User Content,
and any material or information transmitted to other Users for interaction with
other Users. Cincopa.com does not claim any ownership rights in any User Content.
Except for the licenses granted herein, you have no right, title or interest in
or to Cincopa.com Products or any content. You agree that Cincopa.com or its licensors
retain all proprietary right, title and interest, including copyright and all other
intellectual property rights, in and to Cincopa.com service and content, including,
without limitation, text, images, and other multimedia data.
All contents of the Cincopa.com’s Site and Products including but not limited to
design, text, software, technical drawings, configurations, graphics, other files,
and their selection and arrangement (“Content”) are: Copyright © 2008 Cincopa.com,
and/or the proprietary property of its suppliers, affiliates, or licensors.
Content may not be reproduced, modified, derivative works created from, displayed,
performed, published, distributed, disseminated, broadcasted or circulated to any
third party (including, without limitation, the display and distribution of the
material via a third party Web sites or other networked computer environment) without
the express prior written consent of Cincopa.com and/or it suppliers, affiliates,
or licensors. All rights reserved.
Cincopa.com and the Cincopa.com logo are including without limitation, either trademarks,
service marks or registered trademarks of Cincopa.com, and may not be copied, imitated,
or used, in whole or in part, without Cincopa.com’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.
Cincopa.com may have patents, patent applications, trademarks, copyrights, or other
intellectual property rights covering subject matter in its Site that are part of
the Products. Unless we have granted you licenses to our intellectual property
in these terms and conditions, our providing you with such Web pages does not give
you any license to our intellectual property. Any rights not expressly granted
herein are reserved.
F.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
Cincopa.com respects copyright law and expects Users to do the same. Cincopa.com
expressly prohibits the use of its Products for the illegal transmission of copyrighted
material, and will respond if notified by content owners to disable copyrighted
material from being transmitted via its Products. In addition, Cincopa.com
may disable individual accounts if these accounts are found to be illegally transferring
copyrighted material.
If you believe that your work has been copied in a way that constitutes copyright
infringement, please provide Cincopa.com’s the written information specified below:
(1) An electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright interest; (2) A description of the copyrighted work
that you claim has been infringed upon; (3) A description of where the material
that you claim is infringing is located on the Site; (4) Your address, telephone
number, and e-mail address; (5) A statement by you that you have a good-faith belief
that the disputed use is not authorized by the copyright owner, its agent, or the
law; (6) A statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner’s behalf.
G. THIRD
PARTY CONTENT, SITES AND PRODUCTS.
All transactions using Cincopa.com's products are between the transacting parties
only. The Products may contain features and functionalities linking you or providing
you with certain functionality and access to third party content, including Web
sites, directories, servers, networks, systems, information and databases, applications,
software, programs, products or products, and the Internet as a whole. We
may also provide some content to you as part of the Products. However, Cincopa.com
is not an agent of any transacting party, nor or we a direct party in any such transaction.
Any such activities, and any terms associated with such activities, are solely between
you and the applicable third-party. Similarly, we are not responsible for any third
party content you access with the Products, and you irrevocably waive any claim
against us with respect to such sites and third-party content. Cincopa.com
shall have no liability, obligation or responsibility for any such correspondence,
purchase or promotion between you and any such third-party. You should make whatever
investigation you feel necessary or appropriate before proceeding with any online
or offline transaction with any of these third parties. You are solely responsible
for your dealings with any third party related to the Products, including the delivery
of and payment for goods and products. Should you have any problems resulting from
your use of any third party products, 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
products, we will not be responsible unless the problem was the direct result of
our breaches.
H.
PRIVACY.
Cincopa.com has established a Privacy Policy to explain to Users how their information
is collected and used, which you can read on our Site. Your use of the Products
signifies acknowledgment of and agreement to the Cincopa.com Privacy Policy.
You further acknowledge and agree that Cincopa.com may disclose your personal information
if required to do so by law or in the good faith belief that such preservation or
disclosure is reasonably necessary to comply with legal process, to enforce these
terms and conditions, or, in its sole discretion, to protect the rights, property,
or personal safety of Cincopa.com, its employees, users and third parties, and the
public, or as otherwise described in the Privacy Policy.
I.
CINCOPA.COM MAKES NO WARRANTIES.
Cincopa.com is in no way liable for loss of customer data. Under no circumstances
will Cincopa.com be held accountable for any loss of customer data. By becoming
a Cincopa.com user you, the customer, acknowledge that you forfeit the right to
hold Cincopa.com accountable for any and all technical errors, including loss of
user files (customer data).
In the event that Cincopa.com concludes offering data storage products, Cincopa.com
users will receive the option to have their stored files sent to them in CD or other
format selected by Cincopa.com. Cincopa.com does not guarantee length of service.
Cincopa.com intends for the information contained on its Site and Products to be
accurate and reliable; however, errors sometimes may occur. In addition, Cincopa.com
may make changes and improvements to the information provided herein at any time.
CINCOPA.COM PROVIDES ITS SITE AND PRODUCTS “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,”
AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT
IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CINCOPA.COM, ITS
AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (EACH, A
“CINCOPA.COM PARTY,” AND COLLECTIVELY, THE “CINCOPA.COM PARTIES”) MAKE NO REPRESENTATIONS,
WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE CINCOPA.COM PARTIES DISCLAIM
ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING
WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES,
NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE
OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR
USE OF THE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO
SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES
THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.
J.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL ANY CINCOPA.COM PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT
LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES
ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THE SOFTWARE
OR SERVICE, EVEN IF SUCH CINCOPA.COM PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION K IS INDEPENDENT OF YOUR
EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE
OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT
REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY,
(3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND
LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE
SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER
DISPUTE OR CLAIM WITH OR AGAINST ANY CINCOPA.COM PARTY WITH RESPECT TO THIS CONTRACT
OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS
TO DISCONTINUE USING THE SERVICE. In the event that, notwithstanding the foregoing
disclaimers and indemnification, Cincopa.com is found responsible to any Cincopa.com
User for any reason whatsoever, Cincopa.com's responsibility shall be limited to
the amounts actually paid by such user for Cincopa.com's products, and shall not
include punitive damages or consequential or resulting damages of any nature.
K.
CHANGES TO THE SERVICE; ADDITIONAL LIABILITY LIMITATION.
WE MAY CHANGE THE SOFTWARE AND SERVICE OR DELETE FEATURES AT ANY TIME AND FOR ANY
REASON. WITHOUT LIMITING THE GENERAL NATURE OF SECTIONS I
AND J, THE CINCOPA.COM PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT,
INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING,
OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT,
TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS
H AND I, CINCOPA.COM IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING
FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SOFTWARE AND PRODUCTS, (2) ANY
INCOMPATIBILITY BETWEEN THE SOFTWARE AND PRODUCTS AND OTHER WEB SITES, PRODUCTS,
SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING,
CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE
SOFTWARE AND PRODUCTS IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS
OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SOFTWARE
AND PRODUCTS AVAILABLE FROM THIRD PARTIES THROUGH LINKS. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE
EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
L.
INDEMNIFICATION.
You agree to indemnify, defend and hold harmless, Cincopa.com, its affiliates, and
their respective officers, directors, employees, agents, licensors, representatives,
and third party providers, to and from and against all losses, expenses, damages
and costs, including reasonable attorneys’ fees, resulting from any violation of
this agreement by you. Cincopa.com reserves the right to assume, at its sole expense,
the exclusive defense and control of any matter subject to indemnification by you,
in which event you will fully cooperate with Cincopa.com in asserting any available
defenses.
M. TERMINATION
OF SERVICE.
Cincopa.com reserves the right to terminate without notice your password, account
or use of Cincopa.com Products and delete any data within Cincopa.com service, in
our sole discretion, without cause and/or without notice. You may terminate your
user account upon notice to Cincopa.com at any time. Upon termination by Cincopa.com
or at your direction, you may request a file of your data, which Cincopa.com will
make available for a fee. You must make such request at the notification of termination
to receive such file within thirty (30) days of termination. Otherwise, ANY DATA
YOU HAVE STORED ON CINCOPA.COM’S SYSTEMS MAY NOT BE RETRIEVED, and Cincopa.com shall
have no obligation to maintain any data stored in your account or to forward any
data to you or any third party.
In addition to other termination provisions, Free Users are subject to termination
if: (a) the Free User does not engage in any Cincopa.com activity within thirty
(30) days of registration, or (b) the Basic User does not engage in any Cincopa.com
activity for any period of 120 consecutive days. We will send you an email describing
the situation and informing you that your account will be closed within seven (7)
days unless you begin to use the account during that period. At the conclusion of
that seven (7) day period, absent any such activity we will close the account. Any
data you may have stored will be lost.
N.
PAYMENT OF FEES; AUTOMATIC RENEWAL.
The fees applicable for Cincopa.com service are available at www.Cincopa.com and
as published within the Products. Cincopa.com reserves the right to change the Fees
or applicable charges and to institute new charges at any time, upon thirty (30)
days prior notice to you (which may be sent by email to the address you have most
recently provided us).
Unless specifically agreed upon in writing between User and Cincopa.com at the commencement
of a subscription term, or unless User notifies Cincopa.com via mail to support@cincopa.com
no later than fourteen days prior to the conclusion of the term, at the conclusion
of any service term, whether monthly, yearly, or otherwise, Cincopa.com will automatically
renew the service for the same term and will charge the user's credit card or PayPal
account on the first day of the renewal term.
O. FREE TRIAL TERMS, EXTENSION PACKAGES, CANCELLATION AND REFUND
OF CHARGES.
Except as specifically set forth in this section, all Cincopa.com products are prepaid
for the period selected (monthly, yearly or otherwise) and are non-refundable. This
includes accounts that are renewed in accordance with the previous section.
When users (Basic or Pro) cancel their account, they will not be issued refunds
for their most recent (or any previous) billing. Other requests for refunds may
be processed at the sole discretion of a Cincopa.com sales staff member.
14 Day Free Trial and Cancellation Policy for Cincopa Free and Cincopa Premium
Cincopa Free
Cincopa offers a free account to all users. The Cincopa Free account is completely free and no billing information is required to access your Cincopa Free account.
Cincopa Premium
To gain access to all the premium features and benefits, Cincopa users are invited to sign up for a fourteen day trial by submitting payment information. When a user signs up for a Cincopa Premium account on a yearly basis, he/she enters credit card or PayPal information and receives a free 14 day trial to test out the premium features and customizations. During the 14 day timeframe, the user is not billed and can cancel subscription at any time by contacting their payment solution provider. Here are detailed instructions.
There are no cancellation fees and you may cancel at any time. Monthly and yearly plans will not be charged at the next billing cycle after you cancel. Cancelling is just one click, no questions asked. You may cancel a subscription up to the day of the next scheduled payment. You must cancel your own subscription. Cincopa cannot cancel your subscription for you. Once the 14 day trial has passed, Cincopa does not offer a refund for purchased monthly and yearly licenses.
Extension Packages
Extension packages are comprised of bandwidth plans and traffic plans. For more information on each, visit the packages page.
Bandwidth Plans
Purchased bandwidth plans are not refundable at any time. To view options for bandwidth plans please visit
Traffic Packages
Purchased traffic packages are not refundable at any time. To view options for traffic packages please visit
If you have subscribed to the wrong extension package, contact support@cincopa.com to on the issue.
Q. EUROPEAN
USERS.
By using the Cincopa.com Products, Users in the European Union understand and consent
to the processing of personal information in the
United
States
.
R.
NOTICES TO CINCOPA.COM.
You may notify us by e-mail at support@cincopa.com.
S.
OTHER TERMS.
If any part of these terms and conditions are determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty disclaimers
and liability limitations set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid enforceable provision that most closely matches
the intent of the original provision, and the remainder of the agreement shall continue
in effect. A printed version of these terms and conditions and of any notice
given in electronic form shall be admissible in judicial or administrative proceedings
based upon or relating to these terms and conditions to the same extent and subject
to the same conditions as other business documents and records originally generated
and maintained in printed form. All rights not expressly granted herein are
reserved.
T.
MISCELLANEOUS.
Cincopa.com may assign this contract, in whole or in part, at any time with or without
notice to you. You may not assign this contract, or any part of it, to any other
party. Any attempt by you to do so is void. ANY CLAIM RELATED TO THIS CONTRACT
OR THE SOFTWARE AND SERVICE MUST BE BROUGHT WITHIN ONE YEAR. THE ONE-YEAR
PERIOD BEGINS ON THE DATE WHEN THE CLAIM FIRST COULD BE FILED. IF IT IS NOT, THEN
THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR
SUCCESSORS. IT ALSO APPLIES TO US AND OUR SUCCESSORS AND ASSIGNS. The
failure of Cincopa.com to exercise or enforce any right or provision of the terms
and conditions shall not constitute a waiver of such right or provision. The section
titles in these terms and conditions are for convenience only and have no legal
or contractual effect.
U. COPYRIGHT
COMPLAINTS AND REMOVAL POLICY
Cincopa.com provides products that permit registered users of the Cincopa.com Web
site (.Users.) to store content on the Web. Cincopa.com does not tolerate infringing
material on its equipment or network, and may remove content that appears to infringe
any copyright or other intellectual property rights or otherwise violates Cincopa.com.s
Terms of Use, found on the Cincopa.com Web site (http://www.cincopa.com).
If you believe that your copyright in any material has been infringed on a site
hosted on Cincopa.com.s equipment or through its products, please send a .DMCA Notice.
(described below) to Cincopa.com.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 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.
To submit a notice of claims of copyright infringement online, please contact support@cincopa.com.
Please note that Cincopa.com, in its sole discretion, may terminate the account
of any User about whom Cincopa.com receives more than one complaint of copyright
infringement.
If you have any questions about this policy, please contact Cincopa.com at support@cincopa.com.