Last Updated: Sep 10, 2023
This Membership Agreement sets forth the terms and conditions on which
Drive Headquarters,Inc. (DriveHQ), offers Cloud IT services to registered users (
"Members" or "You") of DriveHQ.com.
Note: this agreement does not apply to users of CameraFTP.com (a DriveHQ business division).
PLEASE READ THIS MEMBERSHIP AGREEMENT CAREFULLY BEFORE REGISTERING TO BECOME A
MEMBER. YOU ARE REQUIRED TO ACCEPT THIS AGREEMENT IN ORDER TO BECOME A
MEMBER.
1. Terms
The Membership Agreement is comprised of
In light of the evolving nature of cloud-based services, DriveHQ may post a notice on the Site, or
broadcast messages through emails, to inform you of changes to this
Membership Agreement, the Service, or other matters of importance. Such posting
or broadcast will constitute notice to you. Any amendment to the Membership
Agreement shall be effective immediately upon posting of the notice, or
broadcasting of the message. Your continued use of the Service after such notice
or broadcast will reaffirm your agreement to be bound and to abide by this
Membership Agreement as amended.
2. The Service
The term "Service" includes all functionality made available by DriveHQ on or
through the Site, DriveHQ client software, mobile apps and DriveHQ API.
DriveHQ may add to, delete from, or modify the Service.
Unless explicitly stated otherwise, any new product,
service, information, software, tool or other feature that augments
or enhances the current Service, will be subject to this Membership Agreement.
DriveHQ offers software, features and tools for you to use the Service online.
You are responsible for: creating, uploading, deleting and managing your Member Contents;
creating, deleting and managing your sub-users;
sharing and publishing your folders;
managing folders shared or published by you;
maintaining or backing up original copies of your Member Contents.
DriveHQ support staff can provide limited technical support to you,
but they do not manage or control your use of the Service.
3. Member's Privileges and Obligations
The Service is available only to users over the age of 14. In order
to use the Service, you must first register as a Member. You agree to provide
accurate user information, as prompted by the registration form, including but not limited to an
accurate email address where you can be contacted. Each Member is allowed to
have only one Membership. Membership is intended for personal or business use and may be
transferable. You must choose a password. You are responsible for any
activity that occurs under your user ID. You agree to immediately notify
DriveHQ of any unauthorized use of your user ID or any breach of security
in relation to the Service. You may use the Service only for your regular personal or business
use, subject to fair use. You shall not abuse our service, including but not limited to:
creating extremely high load to our servers; sending mass emails to a big mailing list;
use automated software or devices that keep connecting to DriveHQ.com services; use download manager software
that creates too many concurrent connections, etc.
4. Private Contents, Shared Contents and Published Contents
Members can store, backup, share and publish Member Contents on the Site. The
Member Contents may include document files, images, video, audio, music files, and
other materials, data, or text. Your Member Contents are linked to your user ID.
As a Member, you can store, share or publish your Member Contents:
Private Contents: All contents in your account are private except those in shared or published folders,
which you can stop sharing or publishing at any time.
To access Private Contents, you must log on with your username and password first.
Shared Contents: A DriveHQ member can log on to his/her account on DriveHQ.com, then select a folder
and share it with other DriveHQ members or non-DriveHQ members, who can then
access the shared folder.
Public Contents: By default, DriveHQ may create two public folders for each account.
A member can log on to his/her account on DriveHQ.com, then select a folder
and publish it. A published folder and files in it can be accessed by any user on the Internet.
To avoid service abuse, only True Members and Paid Members can publish contents.
You agree not to post, send, transmit, upload, display, publish or distribute
through any part of the Site, any Member Content that:
- (a) Uses materials of others that are protected by copyright, trademark or
trade secrets, patent or other intellectual property law without the express
permission of the author or owner;
- (b) Contains false or misleading statement of facts or description of the
origin of the material or communications;
- (c) Violates anyone's copyright, moral rights, author's rights, trade secrets,
trademark rights, patent, or other intellectual property or other rights;
- (d) Interferes with the privacy rights of any person, or impersonates any person;
- (e) Contains a virus, may corrupt files or other content that may compromise or
harm the Site or any user thereof;
- (f) Constitutes a criminal offense, gives rise to civil liability, or violates
any applicable laws or regulations, or encourages anyone to break the law; or
advocates illegal activity.
5. Plans, Pricing and Payment
DriveHQ's basic service is free for personal use. It has some restrictions, including but not limited to:
Maximum 5GB storage space and 1 sub-user license. DriveHQ may change the restrictions from time to time.
You shall not use it for business except for trying the service.
Members who need advanced features, more storage space, more download bytes or more sub-user licenses
may order DriveHQ's paid subscription plans. Users are recommended to try the free service first before ordering
a subscription. In general, DriveHQ may offer service credits, but not refunds.
Personal users can order a Personal/Family Plan, which can be shared by family members.
Personal/Family Plans offer low-cost storage space with limited business features.
You shall not use a Personal Plan for business.
Business users shall order a Business or Enterprise Plan.
DriveHQ may, at its sole discretion, elect to: modify,
delete, reduce, augment, or discontinue any product,
feature, functionality on the Site; institute a fee for certain product or feature;
add, modify or remove a service plan; change the service pricing based on changes to the plan or annual inflation.
Any changes to the service plan or pricing will be effective immediately for new subscription orders.
DriveHQ can change plans and pricing at no more than once per year.
If DriveHQ removed an old plan, users who subscribed to the old plan can order a new plan. Otherwise, DriveHQ can assign a new plan that
is close to the old plan.
For existing users with active yearly subscriptions, DriveHQ's service plan changes will not affect their existing subscriptions
until one year after the order date or six months after the plan changes, whichever is later.
For existing users with active monthly subscriptions, DriveHQ's service plan changes will not affect their existing subscriptions until
three months after the plan changes.
DriveHQ's subscription services automatically renew, unless canceled by the customers.
Customers can make payments online manually, or they can save their payment profiles with DriveHQ for automatic debiting.
Other payment methods (such as Bank Wire, ACH or Check) are also supported by contacting DriveHQ customer support.
6. License Grant and Intellectual Property Rights
DriveHQ will not assume any copyright or ownership of contents uploaded by members.
With respect to your Published Contents, you grant DriveHQ the right for
DriveHQ and third parties to access or view your Published Contents. You can stop publishing any contents
at any time.
With respect to your Private Contents, you grant DriveHQ the right to access,
reproduce, and transmit any portions of your Private Member
Content in order to store and backup data, or trouble shoot and improve site
operations, and comply with applicable laws.
As between DriveHQ and you: you will own your Member Content, whether private, shared or public;
you can delete, stop public or private sharing of your contents at any time. DriveHQ
owns all right, title and interest (including all intellectual property rights)
in and to the Site, the Service, the technology, information, documents, files,
web pages and other products developed in connection with the Site or available
on the Site.
You agree not to translate, reverse engineer, reverse compile, disassemble or
create derivative works from software programming contained in the Site or the
Service.
7. Member Profiles
A Member Profile may contain a brief description of a Member's business,
personal interests, contact information and billing information.
Any information you place on your Member Profile is
inaccessible to other users, unless you have made it public, shared with other users,
or you are a sub-user of a group account.
You agree not to send transmissions through the Site
that attempt to hide your identity or represent yourself as someone else.
8. Responsibility for Member Content
DriveHQ does not as a policy manually review or screen any Member Content that a Member
uploaded to the Site or stored in the Site unless we have reasonable suspicion that a
member may have violated our membership agreement. DriveHQ's automated
system may index and screen the Member Contents. DriveHQ does not endorse
the contents or views of any member and is not responsible or
liable in any manner for any conduct by any member or for any member content.
Members are solely responsible for their contents that are uploaded to DriveHQ
for storage, backup, hosting, Sharing or Publishing. This includes, without limitation, responsibility for
the nature, content, subject matter, views that you express, share or publish
in your Member Contents.
You agree not to use the Service for illegal purposes. Your use of the Site,
the Service, and information available on the Site, is
subject to all applicable local, state, national and foreign laws and
regulations, and international treaties, including, without limitation, U.S.
laws regarding the transmission of technical data exported from the United
States.
You represent and warrant that
- (a) you have the right to enter into this Membership Agreement without any other approvals;
- (b) you have the right to use, upload, share, publish the Member Content linked to your user ID;
- (c) you have the right to grant the licenses granted herein; and
- (d) the use by DriveHQ of the rights that you grant DriveHQ in this Membership Agreement
will not violate the rights of any third parties, including without limitation
your employer and your clients.
9. Code of Conduct
DriveHQ offers Cloud Storage, Hosting and IT services to Members. To avoid service abuse,
DriveHQ has established the following parameters for any Member Content.
You agree not to post, send, transmit, upload, or otherwise publish any
contents that:
- (i) Contains or displays any expression of bigotry, racism, or hatred, or is
ethnically offensive, objectionable or inappropriate;
- (ii) Is or might be perceived by DriveHQ or DriveHQ members or users, as
defamatory, libelous, disparaging, obscene, pornographic, profane, threatening,
abusive, deceptive, offensive, vulgar, ethnically offensive, objectionable or
inappropriate, including nudity, adult content, illegal content, content of a
sexual nature, and unacceptable language;
- (iii) Is inconsistent with the values or the spirit of the DriveHQ Community,
as determined by DriveHQ in its sole discretion;
- (iv) Interferes with anyone else's use of this Site
10. Service Abuses and Illegal Activities
Use the Service for Keylogging:
DriveHQ does not permit the use of Keylogger software for any purpose unless formally approved by our
support engineers. If an account is detected by our keylogging detection software, the account will be
automatically disabled. Unless you have good and legitimate business reasons to use Keylogger,
your account will not be re-enabled. Our support engineers will determine whether they can re-enable
your account solely at their own discretion. A special yearly service fee will be required to use
our service for keylogging. DriveHQ maintains the right to delete any information that our system
detects as having been uploaded via keylogger.
Use DriveHQ's FTP (Cloud Storage) Service for IP Cameras, webcams or DVRs:
Free service members shall not use DriveHQ's FTP Service with any automatic software or hardware.
For all members, using DriveHQ's FTP Service for IP cameras, webcams and DVRs is not allowed.
DriveHQ's FTP service shall be used for regular business purpose only. An example would be to transfer
document files using popular FTP client software such as FileZilla.
DriveHQ has a dedicated service for IP cameras and DVRs at
www.CameraFTP.com.
It is strictly forbidden to abuse the Services or use the Services for the purpose of abusing
other services, including but not limited to: Sending bulk emails, phishing emails or spam emails;
host phishing web pages, pirated contents, malware, virus, pornography, or other inapproriate contents;
hacking or stealing other users information; Denial of Service (DoS) attack; assisting other illegal activities.
It is DriveHQ's policy to report suspected illegal activities to law
enforcement agencies and to cooperate fully with their investigations
11. Warranty, Disclaimer of Warranty
The Service and the Site, including all contents, products, services and
information made available or accessed through the Site, are provided "AS IS",
with no warranties of any kind. Uploading, downloading or transmitting any
Member Content through the use of the Service is at your own
risk and in your sole discretion. You will be solely responsible for any
damages to your computer system or loss of data, or any other damages that
result from such uploading, downloading or transmittal, or otherwise
DriveHQ makes no representation or warranty of any kind
- (a) that the Site or Service will meet your requirements;
- (b) that defects in the software for the Service will be corrected;
- (c) that the Service will be timely, secure, error free, uninterrupted;
- (d) that the Service or any content, product, services or information on the
Site are accurate, correct, reliable or complete;
- (e) that Member Contents stored on or
through the Site will not be altered, deleted or damaged, or will be available
for access, upload or download at all times or indefinitely;
- (f) that the Site or the Service is free of viruses or other components that
may infect, harm, or cause damage to computer equipment, data, software, or any
other property when you access, browse, download from, upload to, or otherwise
use the Service, the Site or any product or content on the Site
DriveHQ expressly disclaims all warranties of any kind, whether express or
implied, including but not limited to any warranty of merchantability, fitness
for a particular purpose or non-infringement of any products, content,
information or service published on, or available through the Site or the Service.
Some jurisdiction to not allow the exclusion of certain warranties, so some of
the above exclusions may not apply to you.
12. Disclaimer of Damages; Limitation of Liability
Even if DriveHQ, or any of its authorized representatives have been advised of
the possibility of such damages, under no circumstances (including but not
limited to DriveHQ's negligence), shall DriveHQ be liable for any direct,
indirect, consequential, incidental, special or punitive damages for any claim,
loss and/or causes of action, whether in contract, tort (including but not
limited to negligence) or otherwise. related to:
- (a) the quality, reliability, accuracy, completeness, of the Service;
- (b) any modification, alteration, publication, display, failure to store,
failure to index, loss, deletion, alteration, loss of access, or damages of or
to your Member Content, computer equipment, software, data, or any text, image,
video, music, sound, audio or other material that result from your use of the
Site or the Service;
- (c) any harm, errors, omissions, cost, losses, or damages arising from the use
of, or inability to use (whether because of interruption, suspension,
termination or otherwise) of the Site, the Service, Member Content or any
content, products, services or information provided on the Site
- (d) any failures, delays, misdeliveries, or interruptions in the Service or any
content, products, services or information on the Site;
- (e) any harm resulting from downloading or accessing any Member Content, or any
other content, products, services or information provided on the Site;
- (f) any unauthorized access to or alteration of Member Content or any breach of
security related to any server used by the Site or the Service; or
- (g) the cost of procurement of any substitute goods or services.
Some jurisdictions do not allow the exclusion or limitation of consequential or
incidental damages, and therefore, the above limitation may not apply to you.
Some Members may have additional rights.
If, despite the above limitations, DriveHQ were found responsible
to a Member for any reason whatsoever, this liability shall not exceed two
month's subscription fee paid by the member to DriveHQ.
13. Privacy
It is DriveHQ's policy to respect the privacy of all of its customers. For
more information, please see our full privacy policy.
14. Site Contents
Domestic and foreign copyright, trademark, patents, and other intellectual
property rights law and international treaties, and other laws, protect all
material, data, text, images, photos, video, graphics, music, sound and audio
files available on the Site ("Site Contents"), both as individual works and as a
collection. Unless authorized, you may not copy, reproduce, display, perform
distribute, or create derivative works from the Site Content, without being
expressly authorized to do so by the owners of the intellectual property or
proprietary rights of such Contents.
15. Copyrighted Materials and DriveHQ DMCA Policy
DriveHQ respects the intellectual property of others, and requires that its
users and Members do the same.
You may not place any material protected by copyright anywhere on the Site
without the express permission of the author or owner of the copyright in that
material.
In accordance with the Digital Millennium Copyright Act of 1998,
the text of which may be found on the U.S. Copyright Office website
at http://www.copyright.gov/legislation/dmca.pdf, DriveHQ will respond promptly to
claims of copyright infringement committed on the DriveHQ Site or using DriveHQ Services,
if such claims are reported to DriveHQ's customer support department or designated copyright agent in writing.
DriveHQ will promptly take down or block access to infringing or allegedly
infringing material on its servers if DriveHQ becomes aware that such
material infringes the copyright rights of a third party, whether DriveHQ
identifies such infringement in the course of its ordinary and reasonable
business activities, or through notification by a third party. DriveHQ will
promptly contact the Member responsible for the Member Content, and alert him
or her of the allegations of infringement, and of DriveHQ's take down or
blocking of the allegedly infringing material. If the Member believes that the
removal or blocking of his or her material was a result of a mistake or a
misidentification of the material, the Member shall provide DriveHQ a
counter-notification establishing the Member's rights to display the material
in question, as well as any other information DriveHQ shall request. Upon
receipt, DriveHQ will promptly forward the counter-notification to the party
that claims to be the copyright owner. If that party then does not file suit to
enjoin the alleged infringement, DriveHQ may unblock the material
within 14 days after receiving the counter notification.
If you believe that your work has been copied in a way that constitutes
copyright infringement, and appears on the Site, please provide DriveHQ the
following information:
- 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;
- 3. a description of where the material that you claim is infringing is located on the Site;
- 4. your address, telephone number and email address;
- 5. a statement by you that you have a good faith belief that the disputed use
is no 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 behalf of the copyright owner
16. Indemnity
You are responsible for your Member Contents and the consequences of its
use and publication, you agree to indemnify and hold DriveHQ, its parents,
subsidiaries, affiliates, officers, employees, licensors, contractors and users
harmless from and against any and all claims, demands, and expenses, including
attorneys' fees, made by any third party, due to or arising from:
- (a) your use of the Site or the Service;
- (b) your violation of this Membership Agreement;
- (c) your violation of a third party's privacy rights;
- (d) your violation or infringement of a third party's copyright, trademark, trade secret, patent, or
other intellectual property rights;
- (e) any libelous or unlawful material contained within your Member Content; or
17. Force Majeure
DriveHQ is not liable for any failure of service resulting
directly or indirectly from causes beyond its reasonable control, including,
without limitation, failure of the Internet, power failure, failure of
computer, telecommunication or other equipment, strikes, labor disputes, riots,
insurrections, civil disturbances, shortage of labor or materials, fires,
floods, storms, explosions, act of God, war, governmental actions, orders of
domestic or foreign courts, non-performance of third parties.
18. Termination of Service
If you object to any portion of this Membership Agreement, or any subsequent
modification thereto, or become dissatisfied with the Service, the Site, or any
text, images, video, audio or other Site
Content, or any transaction entered into through the Site or Service, your only
recourse is to immediately discontinue use of the Service and notice DriveHQ
of such termination. The preceding sentence sets forth your sole and exclusive
remedy regarding any objection to the terms of this Membership Agreement, or
any dissatisfaction with the Service or the Site.
For free users, DriveHQ reserves the right, in its sole discretion, to temporarily disable or terminate your Service
(which includes to edit, delete, or remove any postings from the site) with or without notice, with or without cause,
and without liability of any kind. DriveHQ may also disable a paying member’s service if they are suspect or
guilty of violating these Terms. Reasons for suspending service include but are not limited to:
- (a) the use of services in a manner that will make DriveHQ legally liable;
- (b) the suspicion or detection of malicious activity such as phishing, spamming or hacking. If DriveHQ
in its determination elects to terminate or disable your Service access, we will use commercially reasonable
efforts to notify you through the Service and/or to the registered email addresses. By signing up with DriveHQ,
you acknowledge that if your access to the Service is suspended or terminated, you may not have access to the
Content stored with the Service. DriveHQ may retain certain materials for administrative, legal,
or other related reasons.
Paying members can cancel their subscriptions online at any time without contacting DriveHQ customer support.
After canceling the subscription(s) online, the member shall pay the remaining balance and
reduce storage usage by deleting files or emails in his or her account.
Free service members can delete their DriveHQ accounts by first deleting all files, folders, emails and
contacts in their DriveHQ accounts. Actual Account Deletion for free service members will be processed later
in batch operations. Free service members can also delete their accounts online or contact DriveHQ customer
support via email.
DriveHQ may, in its sole discretion, require Free Service Members to log on periodically
to maintain account Active Status. If a Member does not log on for over 3 months, DriveHQ may
deem the account as inactive. Such accounts may be deleted, or files and emails in the accounts be deleted.
Paying members with good account status are exempted from this requirement. Additionally, Free Service Members
who deposited or paid $10 are exempted from this requirement.
If in a rare case DriveHQ terminates a Paying Member's membership without the user breaching this Agreement,
DriveHQ shall provide at least 3 months' advanced notice. Such notice is not required if the member breached
the service agreement, or if the member engaged in any illegal activities, such as Spamming,
Hacking, Attacking, Scamming, Phishing emails / websites, etc.
DriveHQ has a standard no-refund policy. Members are recommended trying the free basic service before paying
for the service. Members can also order monthly service vs. annual service to minimize the risk. The no-refund
policy is created to prevent service abuses and lower operational cost so that DriveHQ can pass the cost-savings
to its customers. Members can request a service credit if they have un-used credit of more than one month.
The un-used service credit can be used later, transferred to another DriveHQ member or
CameraFTP member.
If in a very rare case DriveHQ terminates a Paying Member's membership without the Member breaching this Agreement,
DriveHQ shall offer prorated refund to the member. If in a very rare case, DriveHQ terminates a Free-Service
user's membership without the user breaching this Agreement, DriveHQ shall allow the user to download its contents within
a time frame of at least 1 month.
If the free service user has deposited money in its DriveHQ account and the membership is less than 2 years,
DriveHQ shall offer prorated refund to the user. If the membership is over 2 years, there will be no refund.
If a free service member has not logged on to the service for over 1 year, it is considered the
member has abandoned the account and
DriveHQ has the right to take any actions to the account and the contents in the account.
19. Notices & Questions
All notices from a Member to DriveHQ shall be in writing, and shall be made
or delivered to DriveHQ via email, fax or conventional mail. DriveHQ notices
may be posted on DriveHQ.com or send via email, fax or regular mail.
If you have any question about the Service or this Membership Agreement, please
feel free to contact us at support@drivehq.com
20. Choice of Law
This Membership Agreement shall be constructed and controlled by the laws of
the State of California, excluding its conflict of law provisions. With the
exception of DriveHQ's rights to pursue injunctive relief in any court of
competent jurisdiction, you agree to submit to the exclusive jurisdiction of
the state and federal courts of the State of California
21. General
This Membership Agreement constitutes the entire agreement between you and
DriveHQ with respect to the Service; and your Member Content, and it
supersedes any other agreement, proposals and communications, written or oral,
between you and any DriveHQ representatives with respect to the Service and
your Member Content
If a court of competent jurisdiction holds that any provision of this
Membership Agreement is illegal, unenforceable, or contrary to law, such
provision shall be construed, as nearly as possible to reflect the original
intent of this Membership Agreement, with the other provisions remaining in
full force and effect
Any failure by DriveHQ to exercise or enforce any right or provision of this
Membership Agreement shall not constitute a waiver of such rights or provision
unless DriveHQ acknowledges and agrees to it in writing.
You and DriveHQ agree that any cause of action arising out of, or related to
the Service or the Site must commence within one (1) year after the cause of
action arose, otherwise, such cause of action is permanently barred.