The terms and conditions (the “Terms”) apply to your access and use of the online file storage and sharing service (the “Service”) provided by HDD, a limited company registered. The Terms do not alter in any way the terms or conditions of any other agreement you may have with HDD.to for the Service (or any part thereof). If you are using the Service on behalf of an entity, you represent and warrant that you are authorized to accept the Terms on such entity’s behalf, and that such entity agrees to indemnify you and HDD.to for violations of the Terms.
We reserve the right to change or modify any of the terms and conditions contained in the Terms or any policy or guideline of the Service, at any time and in our sole discretion. Any changes or modifications will be effective immediately upon the posting of such revisions on our website located at http://HDD.to (the “Site”), and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Service (or any portion thereof) following the posting of changes or modifications will confirm your acceptance of such changes or modifications on the Site. Therefore, you should frequently review the Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Service. If you do not agree with all of the terms and conditions of the amended Terms, you must stop using the Service.
If you have any questions regarding the use of the Service, please email us at support@HDD.to.
Customer data and the service
The data, information, files, photos and other content that you provide to HDD.to when you use the Service and any comments you post to the blog sections of the Site is referred, in the Terms, to as “Customer Data”
HDD.to is a cloud service which provides the users with the convenience of accessing their data from any location and the security of additional back-up for such data. We provide Only premium subscription services. Review the features of the types of subscription services for their detailed comparison.
You agree to: (i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms made available via the Service (“Registration Data”); (ii) maintain and promptly update the Registration Data, and any other information you provide to HDD.to, in order to keep it accurate, current and complete; and (iii) accept all risk of unauthorized access to the Registration Data and any other information you provide to HDD.to.
Grants and restrictions
Subject to the terms and conditions of the terms, HDD.to grants to you a non-exclusive, non-transferable and revocable right to access and use the Service.
Unless expressly set forth in the Terms, you will not, and will not allow any third party to: (i) disclose to any third party any performance information or analysis relating to the Service; (ii) use any data mining, robots or similar data gathering or extraction methods with respect to the Site or the Service; (iii) download (other than the page caching) any portion of the Site (including, but not limited to, any materials contained in the Site); and (iii) use of the Site, the materials contained in the Site or the Service other than for its intended purpose.
As between HDD.to and you and subject to the grants in the Terms, HDD.to will own all right, title and interest in and to: (i) the Service; (ii) any work product developed by HDD.to as a result of the performance of the Service; and (iii) any and all Intellectual Property Rights embodied therein. For the purpose of the Terms, “Intellectual Property Rights” means all patents, copyrights, moral rights, trademarks, trade secrets and any other form of intellectual property rights recognized in any jurisdiction, including applications and registrations for any of the foregoing.
You must use reasonable security precautions in connection with your use of the Service. You must comply with the Laws (as defined below) with respect to your use of the Service. You must cooperate with HDD.to’s reasonable investigation of Service downtime/outages, security problems and any suspected breach of the Terms. For the purposed of the Terms, “Laws” means federal, national, state, provincial, municipal and local laws, regulations, rules, judicial decrees, decisions and judgments in each and every jurisdiction applicable to you, HDD.to, the subject matter of the Terms and/or the Service.
You represent and warrant that: (i) all Customer Data (as defined below) is either your sole property or has been collected by you from a third party in accordance with your privacy guidelines; (ii) your privacy guidelines comply with all applicable Laws; and (iii) you have obtained all consents required by the applicable Laws to transfer all of the Customer Data to HDD.to for storage by HDD.to within the United States or other countries.
HDD.to is not responsible to you for unauthorized access to Customer Data or the unauthorized use of the Service. You are responsible for: (i) the use of the Service by any of your employees or any person to whom you have given access to the Service; and (ii) any person who gains access to Customer Data or the Service as a result of your failure to use reasonable security precautions (even if such use was not authorized by you).
Notwithstanding any terms to the contrary in the Terms, HDD.to may disclose Customer Data: (i) as required by any applicable Laws; or (ii) in response to a subpoena or other compulsory legal process.
You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Service any of the following:
Customer Data that is libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, violent, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable Customer Data that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual property right or other right of any party Customer Data that is illegal or unlawful, that would constitute, encourage or provide instructions for a criminal offense, or otherwise create liability or violate any local, state, national or international law Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on the Service without HDD.to's express written consent. You further agree that you are solely responsible for your conduct while using the Service, and you agree that you will not do any of the following in connection with the Service or the users of the Service Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service in any manner Use the Service for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates the Terms or any other rules or polices established from time-to-time by HDD.to Create an account, post any content, or otherwise use the Service if you are not, at least, 18 years of age Modify, adapt, hack or emulate the Service Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Service or users of the Service or third- parties; and Infringe upon or violate the rights of HDD.to, its users or any third-party. HDD.to takes no responsibility and assumes no liability for any user conduct or for any Customer Data posted, stored or made available via the Service or the Site, nor is HDD.to liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of the Service and the Site is at your own risk. Enforcement of the Customer Data and conduct rules set forth in the Terms is solely at HDD.to's discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third-party or any reasonable expectation that the Service will not contain any content that is prohibited by such rules.
You agree that the maximum size of files uploaded to the service are 10 GB.
Third party content
HDD.to may provide third party content on the Service or the Site and may provide links to website and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. HDD.to does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content including, but not limited to, its accuracy or completeness. You acknowledge and agree that HDD.to is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk. This provision will survive the use of the Service.
Advertisements and promotions; third-party products and services
HDD.to may run advertisements and promotions from third-parties via the Service or the Site or may otherwise provide information about or links to third-party products or services via the Service or the Site. Your business dealings or correspondence with, or participation in promotions of, such third-parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third-party. HDD.to is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-HDD.to advertisers or third-party information accessible via the Service or the Site.
The HDD.to logos and slogan contained in the Site (or made available via the Service) are trademarks of HDD.to and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of HDD.to or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "HDD.to" or any other name, trademark or product or service name of HDD.to without our prior written permission. In addition, the look and feel of the Site and the Service, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of HDD.to and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site (or made available via the Service) are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us. This provision will survive the use of the Service.
HDD.to PROVIDES THE SERVICE and the site ON AN “AS IS” and “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. HDD.to DOES NOT WARRANT THAT THE SERVICE OR THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. HDD.to AND ITS SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SITE AND THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT HDD.to KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NONINFRINGEMENT OR CONDITION OF TITLE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO WARRANTIES. YOU ACKNOWLEDGE AND AGREE THAT: (A) THE SERVICE REQUIRES ACCESS TO AND USE OF THE INTERNET; (B) HDD.to IS NOT RESPONSIBLE FOR OPERATING OR MAINTAINING YOUR SERVERS AND YOUR CONNECTION TO THE INTERNET TO ACCESS AND UTILIZE THE SERVICE; AND (C) THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF CUSTOMER DATA. WE ARE NOT RESPONSIBLE FOR ANY LOSSES OR DAMAGES THAT MAY HAVE CAUSED BY USING THE SERVICE. WE RESERVE THE RIGHT TO REMOVE OR REPLACE (WITHOUT PRIOR NOTICE), ANY CUSTOMER DATA THAT: (W) IS UNLAWFUL; (X) MAY COMPROMISE THE SECURITY OF THE SERVERS; (Y) USES EXCESSIVE BANDWIDTH, OR (Z) WE DEEM, IN OUR SOLE DISCRETION, MUST BE REMOVED. THIS PROVISION WILL SURVIVE THE USE OF THE SERVICE.
You, at your sole expense, will defend, indemnify and hold HDD.to and its directors, officers, shareholders, employees, consultants, affiliates and agents (collectively, “HDD.to indemnities”) harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims (groundless or otherwise), damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys' fees and costs, expert witnesses’ costs and fees, penalties, interest and disbursements) arising from or relating to any suit, action, or proceeding against any HDD.to indemnities, whether successful or not, caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) any breach by you of the Terms (including, but not limited to, any breach by you of any of your representations or warranties); (ii) Customer Data (including, but not limited to, any violation, misappropriation or infringement of any third party's Intellectual Property Rights or rights of privacy or right of publicity caused by your acts or omissions with respect to Customer Data (or any portion thereof)); or (iii) your conduct. This provision will survive the use of the Service.
Limitation of liability
IN NO EVENT WILL: (I) HDD.to BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, ANY INTERRUPTION OF BUSINESS OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE TERMS, THE SERVICE, THE SITE OR THE THIRD PARTY CONTENT REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OR IS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) HDD.to'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THE TERMS, THE SERVICE, THE SITE OR THE THIRD PARTY CONTENT EXCEED THE AMOUNT PAID BY YOU TO HDD.to UNDER THE TERMS (IF ANYTHING). MULTIPLE CLAIMS WILL NOT EXPAND THIS LIMITATION. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THE TERMS IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THIS PROVISION WILL SURVIVE THE USE OF THE SERVICE.
Premium users are limited to 25GB download per day, and it can be changed in any case if decided by our Administration.
You may cease using the Service at any time. HDD.to may terminate your use of the Service if HDD.to reasonably believes you have breached any of the Terms.
Repeat infringer policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, HDD.to has adopted a policy of terminating, in appropriate circumstances and at HDD.to's sole discretion, subscribers or account holders who are deemed to be repeat infringers. HDD.to may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any Intellectual Property Rights of others, whether or not there is any repeat infringement.
19 We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied or used in a way that constitutes copyright infringement, please provide us with the following information:
(i) a physical or electronic signature of the copyright owner or a person authorised to act on their behalf;
(ii) identification of the copyrighted work claimed to have been infringed;
(iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material including the exact URL link to that material on HDD.to
(iv) your contact information, including your address, telephone number, and an email address; a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
(v) a statement that the information in the notification is accurate, and, under penalty of perjury (unless applicable law says otherwise), that you are authorised to act on behalf of the copyright owner.
20 We reserve the right to remove data alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate your account if we consider you to be a repeat infringer. Our designated copyright agent for notice of alleged copyright infringement is: email@example.com
21 We process all takedown notices based on good faith acceptance of the representations from the party submitting the takedown notice. We do not review the material before processing the takedown notice.
22 You may file a counter-notice if you believe that access to a file you have uploaded has been wrongly disabled because it was the subject of an incorrect takedown notice. You should only do so if you are confident that no other party owns copyright in the material, or you have rights to store the material and, if you are sharing it, that you have the right to do so.
23 Please understand that:
23.1 When we receive your counter-notice, we pass it, including your address and other contact information, to the party who issued the original takedown notice. By submitting your counter-notice you authorise us to do so.
23.2 Filing a counter-notification may lead to legal proceedings between you and the complaining party.
23.3 There may be adverse legal consequences in New Zealand and/or your jurisdiction if you make a false or bad faith allegation by using this process.
23.4 If, when using this counter-notice process, you make a false or bad faith allegation or otherwise breach these terms or any of our policies and that causes us any loss, costs (including legal costs), damages or other liability, we reserve the right to claim for and recover from you that loss, those costs (including full legal costs on a solicitor client basis), damages and other liability, by deduction from any balance in our account and/or by proceedings in New Zealand and/or the jurisdiction of the address in your counter-notice.
23.5 We provide this counter-notice process voluntarily for the purposes of all applicable copyright takedown and counter-notice regimes in New Zealand and other jurisdictions, but, in doing so, we do not submit to any jurisdiction, law, tribunal or court other than those of New Zealand, as set out in these terms. We may amend, suspend or withdraw this counter-notice process at any time, provided that any counter-notices in train at that time shall continue to be processed.
24 By filing a counter-notice, you are deemed to have accepted the above terms. If you do not accept the above terms, do not file a counter-notice.
25 To file a counter-notice with us, you must provide a written communication to firstname.lastname@example.org includes substantially the following.
25.1 Identification of the specific URL(s) of material that has been removed or to which access has been disabled.
25.2 Your full name, address, telephone number, email address and the username of your HDD.to account.
25.3 The statement: "I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
25.4 The reasons for that good faith belief, sufficient to explain the mistake or misidentification to the person who filed the original takedown notice.
25.5 The statement "I will accept service of proceedings in New Zealand or in the jurisdiction where my address in this counter-notice is located, from the person who provided HDD.to with the original copyright takedown notice or an agent of such person."
25.6 Signature. A scanned physical signature or usual signoff in an email or using our webform will be accepted.
25.7 You may also provide comments.
26 We will only accept a counter-notification directly from the user from whose account a URL or file has been disabled. For verification, counter-notifications must be submitted from the email address associated with the account.
27 If we do not receive any further communication from or on behalf of the person who originally submitted the takedown notice or any communication we do receive does not in our sole opinion adequately justify the original takedown notice, we may, but shall not be obliged to, reinstate the material in approximately 10-14 days provided we have no reason to believe that the material infringes copyright.
28 Nothing in this counter-notice section prejudices our right to remove or disable access to any material at any time, for any reason or no reason. Other Infringement Notices
29 If you consider there has been some other infringement or breach of law, or of these terms, and wish to file a complaint, send it to email@example.com. We will generally require the same amount of detail as set out above for copyright infringement notices. See also our Takedown Guidance Policy. Suspension and Termination
30 You can terminate your access to the website and our services at any time by sending an email to firstname.lastname@example.org requesting termination or by following the 'Cancel your account' link in the Account section of the website or mobile app. However, we will not provide any part-refund for any allowance not used on any subscription you may have other than under clause 3 above.
31 We can immediately suspend or terminate your access to the website and our services without notice to you:
31.1 if you breach any of these terms or any other agreement you have with us;
31.2 if you are not a registered user, at any time;
31.3 if you are using a free account and that account has been inactive for over 3 months or we have been unable to contact you using the email address in your account details.
32 We may also terminate or suspend our services or any part of our services, for all users or for groups of users, without notice, at any time, for any reason or no reason.
33 All charges outstanding on your account must be paid at termination.
Child Abuse and Underage content
HDD.to does not tolerate child pornography and underage content of sexual kind. When we get notification of such content, our support will act quickly to remove such content and block account of user who uploaded such content. We will report such content to the National Center for Missing and Exploited Children and Cybertipline at missingkids.com. We also reserve the right to cooperate and take actions, including cooperation with law enforcement agencies, to assist them in identifying and prosecuting individuals who are involved in the transmission or dissemination of content containing child pornography.
Let us Know
If you want to report any child pornography that is posted to HDD.to servers, please send links to support@HDD.to for investigation.
The Terms will be governed by and construed in accordance with the laws of Cyprus. The parties agree that any action at law or in equity arising out of or relating to the terms will be filed only in the courts of Cyprus and the parties hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of the terms. Except for payments due under the terms, neither party will be responsible for any failure to perform or delay attributable in whole or in part to any cause beyond its reasonable control, including but not limited to acts of God (fire, storm, floods, earthquakes, etc.), civil disturbances, disruption of telecommunications, disruption of power or other essential services, interruption or termination of service by any service providers being used by HDD.to to link its servers to the Internet, labour disturbances, vandalism, cable cut, computer viruses or other similar occurrences, or any malicious or unlawful acts of any third party (each a “Force Majeure Event”). In the event of any such delay the date of delivery will be deferred for a period equal to the time lost by reason of the delay.