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Terms and Conditions

By using File-Works, you are agreeing to all of the following Terms and Conditions.

By File-Works, it is understood that this document is referring to File-Works, its Web site, the applications provided thereon, and its agents.

User Accounts.
A user account is required to access the File-Works Service, and may be accessed and used only by those authorized individuals who are registered with File-Works. To open a user account, you or your company must complete the registration process by providing File-Works with current, complete, and accurate information as prompted by the "Sign Up Now" form. Should File-Works suspect that such information is untrue, inaccurate, not current, or incomplete, File-Works has the right to suspend or terminate your usage of the File-Works Service. Your company's Administrator(s) will choose a personal, non-transferable User Name and Password for each of the company's users. User accounts cannot be "shared" or used by more than one individual.

User Responsibilities.
Users of File-Works are solely responsible for any and all activities that occur under their account, and must ensure that they Log Out from their account at the end of each session of use. Administrative users must notify File-Works immediately of any unauthorized use of their password or account, or of any other breach of security that becomes known to them.

File-Works does not actively view the contents of the information that users store and share through the File-Works Service. File-Works will not examine or divulge the content of that information unless legally obligated to do so. You agree that you will not use the File-Works Service for any illegal purposes, including but not limited to the pirating or illegal distribution of software. You agree that you will not attempt to access areas and information that you are not authorized to access.

Your company's Master Administrator is solely responsible for all activities occurring within your company's file storage area on File-Works.

Payment of Fees.
File-Works offers its Service, as described on the File-Works web site (www.file-works.com) and as published on the "Pricing" page. Full payment for invoices issued in any given month must be received by File-Works within thirty (30) days after the mailing date of the invoice, or Service may be terminated. Unpaid invoices are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, plus all expenses of collection.

Termination.
File-Works is a monthly Service, automatically renewable unless either party requests a change or termination. Either party may terminate the Service by notifying the other party 7 days in advance of the termination date. File-Works may also terminate this Service Agreement immediately, without prior notice or liability, if you breach any of the terms or conditions of this Service Agreement.

To cancel the Service, you must contact File-Works via E-mail. File-Works will remove the content of an account shortly after cancellation. File-Works may, but is not obligated to, delete archived data.

Warranty Disclaimer.
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND FILE-WORKS DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Limitation of Liability.
FILE-WORKS'S TOTAL LIABILITY, IF ANY, WITH RESPECT TO THE SUBJECT MATTER OF THIS SERVICE AGREEMENT (INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING OUT OF CONTRACT, TORT, STRICT LIABILITY, BREACH OF WARRANTY OR OTHERWISE), WILL BE LIMITED TO THE FEES PAID BY YOU TO FILE-WORKS UNDER THIS SERVICE AGREEMENT IN THE 12 MONTHS PRIOR TO THE EVENT THAT GAVE RISE TO THE LIABILITY. FILE-WORKS WILL NOT BE LIABLE IN ANY EVENT FOR LOSS OR INACCURACY OF DATA, LOSS OF PROFITS OR REVENUE, OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THE COST OF ANY SUBSTITUTE PROCUREMENT), WHETHER OR NOT FORESEEABLE AND EVEN IF FILE-WORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.