Terms of Service
1. Acknowledgment and Acceptance
- These Terms of Service (“Terms”) set forth the terms and conditions pursuant to which firestorage (“firestorage” or “we”) offers the services described herein (the “Services”) to you (“user” or “you”). By registering for or using firestorage Services, you agree to be bound by the following terms and conditions.
Please review these Terms of Service carefully.
You may use the Services only if you can form a binding contract with firestorage and are not a person barred from receiving Services under the laws of Japan or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, laws, rules and regulations.
2. Privacy
- In addition to these Terms, any information that you provide to firestorage is subject to the firestorage Privacy Policy, which governs our collection and use of your information. Please carefully review such document prior to using the Services. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information for storage, processing and use by firestorage.
Moreover, while firestorage employs certain standard security measures to ensure the security of transactions through this website, it is your responsibility to maintain the confidentiality of your access information, credit card number and other personal and confidential information and for restricting access to your computer. You agree to accept responsibility for all activities that occur as a result of your disclosure of your access information, credit card number or other information as well as your inability to restrict access to your computer or personal and/or confidential information.
3. Specific Services
- With respect to the Services, firestorage provides the following membership packages for file management which enable users to upload, send, receive, and store User Files (as defined herein) via firestorage’s proprietary platform.
FREE Membership
- ・Maximum upload size per file: 250MB (may change without notice)
- ・Maximum number of files to upload at one time: 20
- ・Maximum upload period: 7 days
- ・Maximum number of files for one Download URL: 20
- ・Usage of Upload Pages to receive files from others
- ・Maximum storage size: 2GB (firestorage may delete User Files in the event of no log-in for more than 30 days)
Standard Membership
Fee: $9.99 or €9.99 for 30 days
- ・Maximum upload size per file: 2GB
- ・Enhanced security: file upload and download through SSL
- ・Unique customization of Download Pages
- ・No advertisements
- ・Maximum storage size: 25GB
Professional Membership
Fee: $14.99 or €14.99 for 30 days
- ・Maximum upload size per file: 2GB
- ・Enhanced security: file upload and download through SSL
- ・Usage of line and server
- ・Unique customization of Download Pages
- ・No advertisements
- ・Usage of Upload Pages to receive files from others through line and server
- ・Maximum storage size: 25GB
- ・High-speed download
EXTRA STORAGE CAPACITY
Fees: 25GB - $5.00 or €5.00 for 30 days
50GB - $9.99 or €9.99 for 30 days
- Units of Volume: 1KB = 1,000B; 1KiB = 1024B; 1MB = 1,000KB; 1MiB = 1024KB; 1GB = 1,000MB; 1GiB = 1024MB
- All Services and firestorage memberships are for the original registered user only and may not be transferred or resold to any other party.
About the difference between User File “Upload” and “Storage”
- ・The “Upload” function is used to send a User File to another person. After Upload, you can transmit your file by using Download URL. The firestorage system will delete your file depending upon the Upload period that you have chosen.
- ・The “Storage” function is used to store User Files without a specific duration. The Storage size is 2GB for Free Membership, however, User Files stored pursuant to a Free Membership file will be deleted by the firestorage system if you do not log-in for more than 30 days.
- In addition, as part of providing you the Services, we may need to provide you with certain communications, such as service announcements. These communications are considered part of the Services and your firestorage account, which you may not be able to opt-out from receiving.
4. Free Trials
- firestorage may offer free trial subscriptions during which you may use the Services pursuant to the applicable membership package for the time period specified in the relevant promotional offer ("Trial Period"). Free trial subscriptions are only available to new users who have never used a free trial provided by firestorage before. In the event you use such a free trial period, you understand and agree that you will not receive a notice from firestorage that your free Trial Period has ended or that the paying portion of your subscription has begun. You may cancel your free trial subscription at any time, however, unless you cancel your subscription prior to the conclusion of the Trial Period, you will be charged the applicable recurring subscription fee until you cancel your subscription.
5. Payment
- With the exception of Free Membership and Trial Periods, membership packages consist of an initial period, for which there is a one-time fee, followed by recurring periodic charges to which you must agree in order to continue receiving Services.
By entering into these Terms, you acknowledge that your membership has initial and recurring payment obligations and you accept responsibility for all recurring charges prior to cancellation.
Memberships will be automatically extended for successive renewal periods for the same duration as the membership term originally selected by you, at the then-current, non-promotional membership rate.
You may cancel your membership at any time through your account settings, however, firestorage will not refund any fees paid by you for the applicable membership period. We also reserve the right to cancel your membership without notice in the event you do not pay in full any membership fees or other applicable fees when due.
6. User Files
- By using our Services, you provide us with information and files that you submit to firestorage (“User Files”). You retain full ownership of your User Files; however, by making User Files available through the Services, you grant firestorage the nonexclusive, worldwide, transferable right, on a royalty-free basis, with a right to sublicense this right only to third parties assisting firestorage in providing the Services to use, copy, distribute and process User Files through the Services on your behalf and on behalf of your customers for the purposes of providing you with the Services and administering your requests, including without limitation, facilitating the secure storage, transfer, and delivery of such User Files.
You are solely responsible and liable for any and all access to and use of the Services (including all activities and transactions) by any user under your account, unless such access to or use of the Services is the direct result solely of the gross negligence of firestorage.
You, and not firestorage, are responsible for maintaining and protecting all of your User Files. firestorage will not be liable for any loss or corruption of your User Files, or for any costs or expenses associated with backing up or restoring any of your User Files.
By using the Services, you acknowledge and agree that: (i) you are allowed to use only one firestorage account; (ii) you are not allowed to store a large number of User Files using multiple accounts; (iii) you are not allowed to share your one account with others; (iv) firestorage may set access limitations to User Files which are downloaded frequently; (v) firestorage may delete any User Files that we evaluate to be illegal or empty regardless of the applicable upload period; (vi) firestorage reserves the right to remove any User Files which are incompatible or create problems with our hardware; (vii) the unique algorithm employed by firestorage may delete any User Files in the event the upload period indicates “None specified”; (viii) firestorage may remove User Files sequentially in order to receive new User Files regardless of the applicable upload period; (ix) your User Files may be compromised and/or altered when you store or download them through various networks and devices of a third party, and firestorage shall have no responsibility or liability of any kind whatsoever with respect thereto; (x) firestorage may delete at any time any User Files suspected of infection by a computer virus or other malicious software; (xi) any User File for which the upload period has expired may be completely deleted by firestorage’s system and never restored; (xii) your access information may be automatically acquired and by firestorage through cookies/javascript; (xiii) firestorage may investigate your usage of our website; (xiv) you may be not able to use the Services during the period firestorage performs occasional system maintenance; and (xv) any party who gains access to the download URL of any User Files can stop the uploading of such User Files.
7. Prohibited Uses
As a condition of your use of the Services, you agree NOT to:
- ・Upload, store, access or transmit any User File: (i) that you do not have the lawful right to copy, transmit, distribute, and display (including any User Files that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Files); (ii) for which you do not have the proper consent or permission to use the name, voice, signature, photograph, or likeness of any relevant person(s) (to the extent each is contained within the User Files); (iii) that infringes or misappropriates the intellectual property rights or violates the privacy rights of any third party (including without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, moral right, or right of publicity); (iv) that is false or misleading; (v) that is defamatory; (vi) that is obscene, pornographic, or offensive; (vii) that promotes bigotry, racism, hatred, or harm against any individual or group; or (viii) that violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- ・Access, tamper with, or use any non-public areas of the Services or firestorage’s computer systems, or the technical delivery systems of firestorage’s providers;
- ・Attempt to log in any accounts by autopilot software or other means;
- ・Attempt to probe, scan, or test the vulnerability of the Services, or any related system, or network, or breach any security or authentication measures used in connection with the Services and such systems and networks;
- ・Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services;
- ・Take any action that imposes an unreasonable or disproportionately large load on firestorage's infrastructure;
- ・Harm or threaten to harm other users in any way, or interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- ・Send unsolicited email, junk mail, spam, chain letters, promotions, or advertisements for products or services;
- ・Impersonate or misrepresent your affiliation with any person or entity;
- ・Violate any applicable law or regulation;
- ・Encourage or enable any other individual to do any of the foregoing.
8. firestorage Rights
- All right, title, and interest in and to the Services (excluding content provided by users) are and will remain the exclusive property of firestorage and its licensors. The Services are protected by copyright, trademark, and other laws of Japan and other countries. You agree not to infringe upon or dilute any intellectual property of firestorage and its related companies, as well as not to remove or modify any trademark, copyright or other proprietary notice appearing on the firestorage website. Nothing in these Terms gives you a right to use the firestorage name or any of the firestorage trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding firestorage, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
The Services (including the firestorage website and e-mail) may include advertisements. The types and extent of advertising by firestorage on the Services are subject to change. In consideration for firestorage granting you access to and use of the Services, you agree that firestorage may include advertising in connection with the display of content or information related to the Services whether submitted by you or others.
firestorage reserves the right, at its sole discretion, to modify, discontinue or terminate the Services, or to modify these Terms at any time and without prior notice. Without limiting the generality of the foregoing, and without further notice, firestorage may choose to delete and/or reduce any or all of your User Files and previous versions and/or prior storage of User Files, if: (i) you have not logged into your free membership account for at least 90 days; (ii) firestorage determines, in its sole discretion, that you have violated these Terms; (iii) your firestorage account is otherwise terminated by you or firestorage; or (iv) firestorage discontinues or terminates the Services.
In addition, firestorage reserves the right to immediately cancel your membership in the event firestorage determines that you abuse or make improper use of any Services provided by firestorage. In such case, firestorage shall have no obligation to refund to you any membership fees or other amounts.
You acknowledge that we may establish general practices and limits concerning use of the Services, including the maximum disk space that will be allotted on firestorage’s Services on your behalf, and the maximum number of times (and the maximum duration for which) you may access the service in a given period of time. Furthermore, you acknowledge and agree that firestorage may change membership fees at any time without notice. Changes in membership fees will take effect on expiration of any existing user membership.
9. Services PROVIDED “AS-IS”
- THE SERVICES, THIS WEBSITE, ITS CONTENT AND ITS LINKS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. firestorage makes no warranty that the Services, the firestorage WEBSITE or firestorage content will meet your requirements, will be available on an uninterrupted, secure, or error-free basis, or will operate at any particular speed. FIRESTORAGE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE SERVICES AND THIS WEBSITE (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE AND LINKS), INCLUDING, WITHOUT LIMITATION, AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON‑INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS. FIRESTORAGE WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES AND/OR LOST PROFITS, IN CONNECTION WITH USE OF THE SERVICES, THE INTERNET, THIS WEBSITE, ITS CONTENT OR ITS LINKS.
No advice or information, whether oral or written, obtained from firestorage or through the Services, firestorage WEBSITE or any firestorage CONTENT, will create any warranty of any kind whatsoever.
10. Indemnification
- You will defend, indemnify, and hold harmless firestorage, its officers, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of, or in any way connected with, your access to or use of the Services, the firestorage website, or your violation of these Terms, including, without limitation, third party claims that User Files submitted to the Services by you infringe or misappropriate the intellectual property rights, privacy rights, publicity rights of a third party.
11. Links
- The Services may contain links to third-party websites. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites; or (ii) the content, products, or Services on, or available from, such websites. Links to such websites do not imply any endorsement by firestorage of such websites or the content, products, or Services available from such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites.
12. Termination
- firestorage reserves the right to immediately suspend or terminate any account (including prohibiting re-registration), upload, or use of the Services at any time without liability or prior notice for any reason, including for any breach of these Terms if: (i) any information provided by you is untrue, inaccurate, not current or incomplete; (ii) you cause nuisance or infringe these Terms; (iii) any payment by you is overdue; (iv) firestorage can no longer provide the Services. Furthermore, should you violate these Terms, firestorage will actively assist and cooperate with law enforcement agencies and government authorities in collecting and tendering information about you, your website, illegal or obscene content, and those persons that may have inappropriately accessed, acquired, or used the illegal or obscene content.
13. Applicable Law and Forum
- This website, these Terms and any disputes arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of Japan without regard to its conflicts of law principles. The Tokyo District Court located in Tokyo, Japan shall have exclusive jurisdiction to adjudicate any dispute arising in connection with these Terms, the firestorage website, or these Terms, and you hereby agree to submit to the exclusive and personal jurisdiction of such court. Notwithstanding the foregoing, firestorage shall, at any time, have the right to seek equitable or injunctive relief in any court of competent jurisdiction in order to enjoin the infringement of firestorage’s intellectual property rights or in other appropriate cases.
14. Miscellaneous Provisions
- (i) You represent and warrant that you are authorized to enter into these Terms on behalf of any entity that you represent.
- (ii) These Terms, along with the Privacy Policy constitute the entire agreement between firestorage and you with respect to the Services and subject matters hereof and supersede any and all prior agreements or communications.
- (iii) These Terms may only be modified by firestorage, in its sole discretion.
- (iv) If any provision of these Terms is held to be invalid or unenforceable for any reason, then the remaining provisions will remain in full force and effect.
- (v) Your obligations pursuant to these Terms shall survive termination of the Services, any use by you of the firestorage website, or these Terms.
- If you have any questions about these Terms of Service, please contact firestorage at.