This document states the terms upon which the NetDocuments service (the "Service") offered by NetDocuments Limited ("NetDocuments") is provided to the following users:
- a user who is a former member of a NetDocuments' customer organisation and who still retains a NetDocuments log-in; or
- a user who is using the Service at the invitation of one of NetDocuments' customers
collectively referred to as 'External Users.'
References to 'Customer' mean an organisation which has contracted to use the Service on a fee-paying commercial basis.
References to 'Data Controller,' 'Data Processor,' 'Personal Data,' have the meanings defined in the United Kingdom's Data Protection Act 1998. NetDocuments, acting as Data Processor will comply with the 7th principle of the Data Protection Act. NetDocuments stores all Customer and External User data on a server in the UK. Consistent with the requirements of the 7th principle, NetDocuments shall:
- (i) act only on instructions from the Customer in respect of any Personal Data processed by NetDocuments;
- (ii) have technical and organisational measures in place against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data held or processed by it, appropriate to the harm that might result from such unauthorised or unlawful processing or loss, destruction or damage to Personal Data and the nature of the Personal Data;
- (iii) take reasonable steps to ensure the reliability of any of its staff who have access to personal data processed in connection with these terms; and
- (iv) not transfer the personal data to a country or territory outside the European Economic Area without ensuring the Personal data is afforded adequate protection within the meaning of the Data Protection Act or without the Customer's prior written consent.
NetDocuments' liability for a breach of the data protection obligations set out above is limited to a maximum of £100 for each event or series of linked events.
User registration details
Use of the Service
You are solely responsible for the content of your files, and the Service acts only as a medium for your online creation, editing and distribution of documents.
You must not use the Service for any purpose that is unlawful or prohibited in any manner or which could damage, disable, overburden, or impair the Service or network, communications equipment or computers connected to the Service, or which could interfere with any other parties' use and enjoyment of the Service, including the distribution of unsolicited bulk messages.
You must not attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through hacking, password mining or any other means, nor shall you commit an act or omission that facilitates such activity by another person.
You must not disable or bypass any functionality of the Service or assist another person's effort to harvest or otherwise collect information about others, including but not limited to user e-mail addresses for spamming or other purposes.
Termination of the Service
Your use of the Service is permitted on an 'at will' basis. It may be ended by NetDocuments and/or by a Customer without notice. You should not rely on the Service to store data which you need to retain.
Intellectual Property and Licence Rights
The Service and any necessary software used in connection with the Service contains proprietary and confidential information that is protected by intellectual property and other applicable laws. NetDocuments grants you a limited, personal, non-transferable, non-exclusive license, to use the NetDocuments WebFolders software, API, and API-generated or derived utilities, documentation to the extent which they may be provided by the Service. You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, reverse engineer, create derivative works from, build a product using ideas, functions, or graphics similar to, transfer, or sell any information, software, products or services obtained from NetDocuments or the Service.
NetDocuments makes the Service available to External Users on behalf of a Customer. NetDocuments' duties and contractual obligations owed to the Customer are not extended for the benefit of External Users.
EXCEPT FOR THE DATA PROTECTION OBLIGATIONS SET OUT ABOVE, NETDOCUMENTS DOES NOT ACCEPT ANY DUTIES OR OBLIGATIONS DIRECTLY IN FAVOUR OF EXTERNAL USERS.
Nothing in these terms shall exclude or limit any liability for fraud or fraudulent misrepresentation or for death or personal injury caused by negligence or for any other liability which may not be excluded by law.
Each of the parties irrevocably submits for all purposes (including any non-contractual disputes or claims) to the exclusive jurisdiction of the courts in England and Wales.