12-9-09

SecureSmart™ Terms and Conditions

 

Definitions

  1. “FileTouch, LLC” – Limited Liability Company registered in the state of Florida that provides information and document storage and access services. Also referred to as “FileTouch” and “The Company“
  2. “Subscriber” – Any individual or business entity that enters into an agreement for services with FileTouch including their trustees and other designated representatives.
  3. “Subscriber” – The individual ultimately responsible for the account and registration for services. Also referred to as “Client”
  4. “Terms and Conditions” - The rules of use subscribers must agree to prior to registering for FileTouch services. The “Terms and Conditions” govern the total agreement between FileTouch, LLC and the subscriber, and are set forth herein
  5. “Service” or “Services” – any and all products and/or services developed, maintained, owned, co-owned or offered by FileTouch, LLC
  6. “Personal Information” – All information subscriber stores with FileTouch including but not limited to PC files, wills, powers of attorney, insurance documents, pictures, home inventory, letters of authenticity, medical records, etc
  7. “Family Unit” – Subscriber and spouse including children if applicable, or subscriber and significant other, jointly occupying a single family residence.
  8. “Account of Record” – subscriber’s credit or debit account used for payment of services  

 

Acceptance of Terms and Conditions

By registering with and/or using the services of FileTouch, subscriber agrees to be bound by the “Terms and Conditions” as set forth herein.

FileTouch may, at it’s own discretion and without prior notice, modify the “Terms and Conditions”  The modified “Terms and Conditions” will be effective immediately after being posted on the FileTouch website. FileTouch will make reasonable efforts to notify all current subscribers when “Terms and Conditions” are modified in any manner. Notification by e-mail notice or in quarterly e-mail newsletter will constitute “reasonable effort”.

Subscriber’s sole recourse when disagreeing with any modifications of the “Terms and Conditions” will be to discontinue use of the service.

Should subscriber wish to discontinue use of the service at any time, they must notify FileTouch either by certified mail or by e-mail sent to the Customer Support Department, with delivery confirmation. Service will be discontinued at the end of the month in which the notice is received or within (10) business days, whichever is sooner. Subscribers paying the year in advance will be refunded the unused portion of their payment on a prorated basis as detailed in the section titled “Subscribers Rights, Renewals and Terminations”. Subscribers paying monthly will not be entitled to a refund.

Upon cancellation of service, subscriber is required to delete all of their information from the FileTouch system. This requirement insures the safety and security of subscriber’s information. Should subscriber fail to remove data from the system within (5) days of the notification of intent to discontinue service, FileTouch may, at their discretion, delete all information stored under the account.

 

 

Subscriber Requirements

Only those legally entitled to enter into binding contracts in their state of residence are eligible to utilize the services of FileTouch. FileTouch services are not intended to be used for any illegal purposes. Agreement to these terms and conditions constitutes a statement by all subscribers that the service will not be employed for any illegal purpose or purposes, including the storage of illegal data or information.

Upon entering into an agreement with FileTouch and subsequently using the services, subscriber represents that they are legally eligible to enter into a binding agreement and that all subscribers agrees to abide by and be bound by these “Terms and Conditions”.

By registering with and using the services of FileTouch, subscriber agrees to keep all registration information current and correct. For the purpose of these “Terms and Conditions” registration information includes subscriber’s name, address, e-mail address, primary phone numbers, credit card account used for payment of FileTouch services, emergency contact information and trustee information.

It is the responsibility of the subscriber to have and maintain all hardware, software, Internet access accounts and incidentals required to access their stored information.

Use Of Services

By registering with FileTouch and consequently agreeing with the “Terms and Conditions” of use,  subscriber warrants the services of FileTouch will not be used for any illegal purpose or purposes or in any illegal manner. FileTouch services are only intended for use by those of legal age and legally competent to enter into an agreement of this type. Persons in the country illegally or persons not legally allowed to do business within the U.S. are prohibited from registering with or using the services of FileTouch. By registering with FileTouch, the subscriber warrants that they are not prohibited from doing business in the U.S. by any legal authority.

In addition, subscriber certifies that information provided for registration with FileTouch is accurate and correct, and agrees to keep registration information current. FileTouch will not be held responsible for any loss or negative results incurred by any subscriber due to registration information being outdated or incorrect. 

FileTouch services are intended for use by U.S. citizens and foreign nationals legally residing in the U.S. Each account is intended to be used by one individual or one family unit, professional or small business.

Privacy

Subscriber’s right to privacy and the security of subscriber’s information is the most important aspect of our service. FileTouch will take industry indorsed measures to insure that every subscriber’s information is maintained safely and securely in a minimum of two geographically diverse locations in the U.S. FileTouch will upgrade security features to maintain a superior level of security for our systems. FileTouch will take reasonable measures to insure subscriber’s information will not be viewed by or accessible to anyone other than those designated by subscriber for access with the following exceptions: a) FileTouch will abide by any court orders with respect to allowing access to a certain subscriber’s information provided the court has proper jurisdiction. b) FileTouch will abide by any court issued search warrant provided the court has proper jurisdiction and c) any subscriber’s trustee who provides proper documentation as stipulated by subscriber’s most recent registration information.

FileTouch will not be responsible for any ramifications or negative circumstances arising from authorized or unauthorized access to a subscriber’s information unless the access occurred due to a breach in the FileTouch security measures. It is the subscriber’s responsibility to guard and protect their login information including login names, passwords, and answers to any security questions. FileTouch will not be held responsible for any ramifications or negative circumstances should a subscriber’s login information be compromised. In addition, FileTouch will not be responsible for any ramifications or negative circumstances arising from a trustee being allowed access to the subscriber’s information if the trustee provides documentation as stipulated by the subscriber in their most recent registration information. 

All personal information will be kept confidential. With exception of emergency contact information, verifiable requests from a subscriber or trustee, or legal requests from a court having jurisdiction, FileTouch will not disclose any information to any third party without the subscriber’s written consent.  

Legal Issues

In accepting these “Terms and Conditions” subscribers agrees to hold FileTouch, it’s directors, officers, employees, stockholders, affiliates and any subsidiaries wholly or partly owned by FileTouc, LLC harmless from any legal action arising from any damages the subscriber may suffer, both monetary and physical, associated with the use of FileTouch services unless FileTouch is found to be solely responsible for the damages through the arbitration process described herein.

By acceptance of these terms and conditions, subscriber agrees that their sole remedy for settlement of a dispute or disagreement between FileTouch and the subscriber relating to use of the services will be by final and binding arbitration. Arbitration will be conducted by a single arbitrator assigned by a recognized domestic arbitration service chosen by FileTouch.. Any proceedings inclusive of the actual arbitration requiring personal appearances or attendance will be conducted in a major U.S. city determined by the party bringing the action. The prevailing party’s costs associated with the action including the arbitration, travel, lodging legal and witness expense will be bourn by the opposing party unless specified otherwise by the arbitrator. All aspects of arbitration, including discovery and access to witnesses will be determined by the arbitrator or arbitration service.

The previous paragraph is not meant to supersede the authority or action of any court having jurisdiction in the case of assumed or perceived criminal activity as determined and legally pursued by a law enforcement agency through said court.

All other legal aspects and provisions of the services provided by FileTouch, including this agreement, will be governed by the laws of the state of Florida, U.S. FileTouch will abide by any lawful court order including search warrants and subpoenas issued by a court having legal jurisdiction over our services and systems including all information contained within the systems.

By registering with and using the services of FileTouch, subscribers warrants that the service will not be used in any illegal manner or for any illegal purpose as would be determined by any applicable state or federal law associated with the U.S. All costs incurred by FileTouch due to any illegal activity or use of our services including court costs, travel expenses, meals, legal fees and loss of business will be bourn by subscriber causing such costs to be incurred.

Any legal action brought by any party must be initiated within one (1) year of the occurrence.

 

 

Changes To FileTouch Services

FileTouch retains the right to change or modify the services it provides to our subscribers. From time to time, FileTouch may modify existing services, add services or discontinue services at our sole discretion. In the case of discontinuing a service, FileTouch will take reasonable steps to notify all affected subscribers. Reasonable steps could include notification by postings to our website, by e-mail alert and/or phone. In general, it is the intent of FileTouch that modifications of any service will be for enhancement of the overall services provided. It is the intention of FileTouch to provide our subscribers the most comprehensive and cost effective service available to the general public. Modifications and additions to our services are inevitable to maintain our level of service.

FileTouch may add new services at our sole discretion. Notification of new services will be
posted to our website and included in e-mail news letters. Existing subscribers will have the opportunity to register for new services once the service is brought on line. New services will not be added to any subscriber’s account without their prior approval. Some new services may require additional setup and/or use fees which will be disclosed on or before the date of the new service startup and reiterated in all notifications. Use of a new service by a subscriber will constitute acceptance of the service including any additional cost.

Subscriber’s Rights, Renewals and Terminations

The subscriber is granted the right by FileTouch to utilize the company’s services in accordance with the registration agreement and these “Terms and Conditions”. The subscriber has the right to store  their personal information and the information of their immediate family unit in a single account. They have the right to manage and access that information and to modify and delete any of the information within their account. In the case of a professional or small business, subscriber is granted the right to store information belonging to that professional or business.

The subscriber has the right to renew the yearly contract with FileTouch at the same rate as the previous year unless a) the subscriber registered under a special promotion that stated the rate could or would increase after the initial contract expiration date or b) the subscriber originally registered with a discounted rate for paying the yearly service contract in advance and later opts for the monthly payment option. Unless subscriber notifies FileTouch of their intention to discontinue the service as required by these “Terms and Conditions”, FileTouch may at our discretion automatically renew the subscriber’s account using the “Account of Record” for payment. It is the subscriber’s responsibility to keep the account of record information current.

Subscriber has the right to terminate the agreement at any time. To terminate service, subscriber must notify FileTouch by certified mail or e-mail to the FileTouch Customer Support Department. The notification must contain the date of notification, date the service will be terminated, account number and primary e-mail address of subscriber. To verify the intent to discontinue service, FileTouch will, as a minimum, send a confirmation e-mail to subscriber’s primary e-mail account and, in some cases, attempt to contact subscriber by phone. Subscriber has the right to delete all information from their account prior to the termination date. FileTouch will have the right to delete subscriber’s information (5) business days after the termination date provided the intent to terminate has been verified. If the intent to terminate can not be verified due to inability to contact the subscriber or for any other reason, FileTouch will have the right to terminate the account and delete all of the subscriber’s information once the account fees are thirty (30) days past due, FileTouch has the right to terminate any account that is sixty (60) days past due with no prior notification to the subscriber.

Upon termination of an account paid monthly, subscriber has no right to reimbursement. Upon termination of an account paid yearly in advance, the subscriber will be reimbursed by dividing the yearly fee by twelve 12 to determine the monthly fee. Subscriber will be reimbursed based on the monthly fee multiplied by the number of full months remaining in the prepaid year. Funds will be deposited in the subscriber’s “Account of Record” within (30) calendar days of the date of termination provided all other aspects of these “Terms and Conditions” are met.

The subscriber has the right to allow a trustee listed in their registration information access to their information in times of emergency. Under these “Terms and Conditions” the subscriber and/or subscribers must be prohibited access to the internet and subsequently their account for a minimum of seven (7) calendar days for one of the following reasons to constitute an emergency: a) hospitalization b) incapacitation either physical or mental c) incarceration d) death e) travel away from mailing address, any situation which prohibits the subscriber or subscribers from accessing the Internet. Internet access must be prohibited for more than seven (7) calendar days to constitute an emergency.

The subscriber has the right to access their account at any time from any FCC approved internet compatible device. The subscriber is not limited to the number of times they access their account or the length of time for any access session. For security purposes, FileTouch’s system may log subscribers off or end a session after a period of inactivity. 

Subscriber’s paying monthly have the right to register and begin storing their information and files after payment of the initial setup fee and first month’s contract fee. Subscribers choosing to pay the year in advance when offered, must pay the entire first year fee prior to any registration or personal information being stored. No subscriber information will be stored or retained in the FileTouch systems prior to the subscriber’s agreement to these “Terms and Conditions”.

The subscriber has the right to access only their account and personal information stored with FileTouch and only through the FileTouch services. Access through any other means is strictly prohibited by these terms and conditions.

Customer Support -Customer Service

FileTouch will provide “Customer Service” on a 24 hour per day, 7 day per week basis. Customer service is defined as live support via an 800 number or equivalent. Customer service is primarily for use by individuals considering the use of FileTouch services and current clients who have questions about FileTouch services they have subscribed to.

“Customer Support” will be provided to existing subscribers primarily for the use of trustees in emergency situations, termination or modification of service by a subscriber and for emergency contact information by law enforcement or emergency medical personnel. Customer support, with exception of emergency contact information purposes, will be available from 8:00 am to 8:00 pm Eastern time. Emergency contact information, when offered as a service, will be available on a 24 hour per day 7 day per week basis.

While FileTouch will strive to provide immediate access to customer service and customer support representatives, the subscriber acknowledges that this may not always be possible and agrees to hold FileTouch, it’s owners, officers, managers, employees and any wholly or partly owned subsidiaries harmless for any damages or losses associated with an inability to contact our representatives or for any lack of or inaccuracies in the information provided.

Transfers, Assignments, Terminations

The subscriber agrees that FileTouch may, at it’s sole discretion, transfer or assign the FileTouch services without notice to the subscriber. No transfer or assignment will take affect if the assuming entity does not agree to maintain the level of services being provided by FileTouch at the time of the transfer or assignment.

 

FileTouch has the right to restrict, deny or terminate services at it’s sole discretion when, in the company’s opinion, the subscriber or potential subscriber has used or may use the service in an unlawful manner or in a manner not intended by FileTouch.

The subscriber agrees not to transfer the FileTouch services or modify them in any way. Subscriber understands that the FileTouch software is the sole property of FileTouch and agrees not to modify, transfer, assign or in any other manner cause the software to be used in any way not intended by FileTouch.

Warranty

FileTouch warrants that the FileTouch services will perform substantially as advertised and intended for the duration of the contract. FileTouch will take all reasonable measures to repair any discrepancies or omissions in the service. Should the subscriber wish to report a perceived discrepancy or omission in the service, they may do so by contacting our customer support staff at the designated customer support phone number on their registration page. FileTouch will have
thirty (30) days from the date of the report to verify the deficiency or omission and an additional thirty (30) days to resolve the issue. After that date the subscriber will have the right to request a refund in accordance with the “Terms and Conditions” section titled “Subscribers Rights, Renewals and Terminations”, provided they reported the discrepancy or omission within thirty (30) days or first encountering the problem.

Subscriber agrees to hold FileTouch, it’s stockholders, directors, officers, employees, affiliates and any wholly or partially owned subsidiaries harmless for any events caused in whole or part by any deficiency, omission or discrepancy in FileTouch services other than those caused wholly by a breach of FileTouch security measures.

Indemnification

Subscriber agrees to defend, indemnify and hold harmless FileTouch, our stockholders, directors, officers, employees, affiliates and any wholly or partly owned subsidiaries from and against all claims, losses, damages expenses attorney’s fees etc arising out of the use of FileTouch services including violation of these terms and conditions.

FileTouch may, at our sole discretion, choose to assume the defense of any matter intended to be indemnified by the subscriber at which time the subscriber will be relieved of obligation to indemnify in that particular matter or matters. This does not in any way relieve the subscriber from participating in the defense of the entity or entities listed in the preceding paragraph to the extent requested by FileTouch and all associated parties including their legal representatives.

Use BY Government or Business Entity

The services of FileTouch are intended for use by individuals, professionals and small businesses. They are not intended to be used by medium and large businesses or any local, state or federal government entity. Use by any person or entity other than those intended will be solely at their own risk.

Trademarks and Intellectual Property

Any trademarks, or other similar items appearing in or on FileTouch property or services are the sole property of FileTouch and our affiliates or subsidiaries and are protected by various state and federal laws. Any use of these trademarks or properties not intended by FileTouch and our affiliates and subsidiaries will constitute a breach of applicable law. Any party or parties involved in such breach or breaches will be prosecuted to the full extent of the law.

 

Some or all of FileTouch software and services are protected as intellectual property. Subscriber acknowledges this and agrees to be bound by all intellectual property rights protection as secured by FileTouch.

Miscellaneous

Any new services or modification to existing services will be governed by these “Trems and Conditions” in as far as they are applicable. Any products or services provided by FileTouch and not specifically addressed in these “Terms and Conditions” will be governed by them in as far as they are applicable. Any discrepancies between these “Terms and Conditions” and any other document produced by FileTouch will be governed by these “Terms and Conditions”.

Should it be determined that any part of these “Terms and Conditions” are not legally enforceable, the remaining portions shall remain in full effect.

Copyright Infringement Notification

As required by the Digital Millennium Copyright Act of 1998, we have designated the following person for notification of any potential infringement in regards to the FileTouch website: jsinay@filetouchsecurity.com. Anyone aware of any potential infringement is asked to convey the information to the person designated above.

For any other matters, FileTouch can be contacted at the following address:

PO Box 520637.
Longwood, FL 32750