Welcome to HomeCloud
Registration Requirements and Customer Accounts
To access and use the Service or to access technical support, you agree to provide Westell with accurate and complete information when you register and to keep such information accurate and complete while you have a subscription for the Service. Failure to provide accurate, current and complete registration information may result in the suspension and/or termination of your account. To register for an account, you: (a) must be of legal age to form a binding contract with Westell, and (b) cannot be a person barred from receiving the Service under the laws of the United States or other applicable jurisdiction. Upon submitting this information, you will receive an "account."
You will be required to select a password. Please choose a strong password and do not reveal your password to others. You are solely responsible for maintaining the confidentiality of your user name and password, and solely responsible and liable for any and all activity that occurs on the account. Compromise of your username and password may compromise the security of your backed-up data. You agree to immediately notify Westell of any unauthorized use of your account.
The credit or debit card holder associated with a HomeCloud subscription is the owner of the backed-up data. If there is no such card associated with your HomeCloud subscription, your email address and your answers to security questions indentify you as the owner of the backed-up data. If you obtained access to the Service by a business or organization, or as a member of a group of users, the business or organization is the owner of the backed-up data. You further acknowledge and agree that the business, organization, or other group of users may have selected one or more administrators to control, manage and use the Service on behalf of such business or organization, or group of users, and the administrators may have been granted certain privileges such as access to and control of your backed-up data, without notice to you.
Homecloud is a home-based application sharing and storage system that uses cloud technology to quickly and securely connect your devices, files, and favorite online services to each other (the “Service”).
Use of the Service requires one or more compatible devices, certain software and internet access with compatible ISP (broadband required for web applications); separate fees may apply. Your use of the Service may be affected by certain combinations of hardware, software and/or internet access. High speed internet access is strongly recommended.
Payments, Rates, Charges and Taxes
Payments and Charges
You agree to pay Westell’s then-current and applicable subscription fees for the Service. Subscription fees are payable in advance, and your account will not be activated or reactivated until payment is received. In the absence of other arrangements, Westell will charge the subscription fees and other charges to the credit or debit card provided by you. Westell may seek pre-authorization of your credit or debit card account prior to purchase to verify the card is valid and/or has the necessary funds or credit available to cover your purchase. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your card issuer if you have additional questions regarding when an authorization amount will be removed from your statement.
It is a violation of the law for you to misuse or fraudulently use credit and debit cards. Westell will report all misuse and fraudulent use to government authorities, credit reporting services, financial institutions and credit card companies.
When you sign up online for the Service, your annual subscription will be set to automatically renew upon its expiration. This means that unless you cancel your account or change its renewal settings prior to its expiration, your account will automatically renew for another year. At the time of renewal, we will charge your credit or debit card the then-current fees to renew the Service. About 30 days prior to your expiration date, we will notify you by sending an email to the email address associated with your account that your account is about to renew and remind you that your credit card will be billed the indicated Service fees on the renewal date. You may change your account renewal settings at any time by going to www.homecloud.com.
Westell will send you an electronic invoice to the email address on your account whenever any Service fee is charged to your credit card. If you dispute any portion of an invoice, you shall provide Westell with written notice of the basis for the dispute, in sufficient detail for Westell to investigate the dispute. You agree to waive all billing disputes unless notice is provided to Westell within 60 days of the invoice date.
YOU ACKNOWLEDGE AND AGREE THAT THE FEES FOR THE SERVICE or any part thereof ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. If you do not agree to a price change, you must cancel your account and stop using the service. Your continued use of the service after the effective date of a price change will CONSTITUTE your acceptance of the price change.
Taxes and Regulatory Fees
You agree to pay any taxes, whether federal, state, local, municipal or value-added, that may be imposed upon or with respect to the Service performed hereunder, except for taxes on Westell’s net income. You agree to be fully responsible for payment for all Service fees including applicable fees, duties, tolls, administrative assessments, surcharges, or taxes, including without limitation, any fraudulent or unauthorized usage.
You acknowledge and agree that Westell and/or its licensors own all legal right, title and interest in and to the Service and any software provided to you as part of and/or in connection with the Service (the “Software”), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws.
Intellectual Property and Copyright Information
Westell, the Westell logo, HomeCloud, the HomeCloud logo, and all other Westell trademarks, service marks, graphics, and logos used in connection with the Service and Software are trademarks or registered trademarks of Westell in the United States and other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service.
Content and Your Responsibility
“Content” means any information that may be generated or encountered through use of the Service, such as data files, written text, software, music, graphics, photographs, images, sounds, videos, messages and any other like materials. You understand that all Content whether publicly posted or privately transmitted on the Service is the sole responsibility of the person for whom such Content originated. This means that you are the sole owner and solely responsible for the Content you upload, download, post, email, transmit, store or otherwise make available through your use of the Service. You understand that by using the Service you may encounter Content that you may find offensive, indecent, or objectionable, and that you may expose others to Content that they find offensive. Westell does not control the Content posted via the Service, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that your use of the Service and any Content is solely at your own risk. Although Westell is not responsible for any such Content, Westell may, at no liability to Westell, suspend any such Content of which Westell is made aware.
You shall comply with all laws while using the Service and shall not transmit any communication that violates any applicable laws, court orders, or regulations of both the United States of America as well as the applicable laws, court orders, or regulations of the country in which you are using the Service. You shall not violate any third party rights in using the Service and shall not use the Service in any way that damages Westell’s property or interferes with or disrupts Westell’s system or violates the rights of other users or interferes with their use of the Service. You will not use Service to send unsolicited mass mailings outside your company or organization. You further agree not to use the Service to communicate any message or content that is harassing, libelous, threatening, obscene, materially false, misleading or inaccurate, or would infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party. You will not use Service to transmit any message or content that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation or is otherwise unlawful. You will not, if you are an adult, request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including by not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, or the names of the minor’s school, church, athletic team or friends. You will not impersonate any person or entity, falsely state or otherwise misrepresent its affiliation with a person or entity, or forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service. You agree not to transmit any Content which contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Term and Termination
Upon any non-renewal, termination, or expiration of your subscription to the Service, (i) the license granted herein will automatically and immediately terminate and you will have no further right to possess or use the Service or the Software, (ii) the Service and Software may be disabled by Westell without notice to you, and (iii) you will no longer have the right to access or retrieve your Content. You agree that, upon non-renewal, termination or expiration of your subscription, you will immediately destroy and permanently erase all copies of the Software. You acknowledge and agree that Westell’s policy is to automatically delete all of your Content upon non-renewal, termination, or expiration of your subscription to the Service and that it is solely your responsibility to seek another source for your back-up needs.
Questions or Comments
As part of the Service, you may submit questions or comments to Westell at www.homecloud.com. Westell reserves the right to edit and post the questions or comments that are submitted to Westell, along with Westell answers, without revealing any personally identifiable information. All communications, comments, feedback, suggestions, ideas, and other submissions related to the Service submitted to Westell at www.homecloud.com (collectively, "Submissions") become the property of Westell with all worldwide rights, titles and interests in all copyrights and other intellectual property.
Privacy and Data Use
You understand that by using the Service, you consent to the collection and use of certain information about you and your use of the Service. You further consent that Westell may collect, use, transmit, process and maintain information related to your account, and any devices registered thereunder, for identification, account administration, analysis, fraud/loss prevention, and for purposes of providing the Service, and any features therein, to you.
Westell is very concerned about protecting the privacy of children. Westell does not intend to collect any personally identifiable information from children under 13 years of age or knowingly distribute such information. Children under 13 are not permitted to use the Service or Westell’s web site, and Westell requests that children under 13 not submit any personally identifiable information to Westell. If a child under 13 has provided Westell with personally identifiable information, the parent or guardian of that child should contact Westell immediately to delete this information from our files.
Disclaimer of Warranty
YOU UNDERSTAND AND AGREE THAT THE SERVICE AND THE SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE” AND TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTY OF ANY KIND. WESTELL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WESTELL MAKES NO WARRANTY OR REPRESENTATION REGARDING ANY INFORMATION, MATERIALS, GOODS OR SERVICES OBTAINED THROUGH WESTELL, OR THAT THE SERVICES WILL MEET ANY OF YOUR REQUIREMENTS. WESTELL MAKES NO WARRANTIES OR REPRESENTATIONS THAT SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT THE SERVICE OR SOFTWARE WILL BE CORRECTED, OR THAT ENCRYPTION ALGORITHMS, ASSOCIATED KEYS AND OTHER SECURITY MEASURES WILL BE SECURE OR EFFECTIVE. USE OF THE SERVICE, SOFTWARE AND WESTELL’S WEBSITE ARE AT YOUR SOLE RISK. WESTELL IS NOT LIABLE FOR ACTS OR OMISSIONS OF SUPPLIERS, LICENSORS OR OTHER THIRD PARTIES, OR FOR INFORMATION OR CONTENT OF COMMUNICATIONS, THIRD PARTY SERVICES, EQUIPMENT FAILURE OR MODIFICATION, OR CAUSES BEYOND WESTELL’S REASONABLE CONTROL. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY WESTELL SHALL CREATE ANY ADDITIONAL WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF WESTELL’S OBLIGATIONS HEREUNDER. YOU HEREBY WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST WESTELL AND ITS AFFILIATES, SUPPLIERS AND LICENSORS ARISING OUT OF YOUR USE OF THE SERVICE, SOFTWARE, OR ANY THIRD PARTY COMPONENTS. THE SERVICE AND SOFTWARE MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT WESTELL DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT (I) VIRUSES, WORMS, TROJAN HORSES, AND OTHER UNDESIRABLE DATA OR SOFTWARE, OR (II) UNAUTHORIZED USERS (E.G. HACKERS), MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR DATA, WEBSITES, COMPUTERS, OR NETWORKS. WESTELL SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR DATA AND SYSTEMS AND FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICE OR SOFTWARE.
Limitation of Liability
This clause applies to all use of the Service by or for the United States government, or any other government or by any prime contractor or subcontractor (at any tier) under any contract, grant, cooperative agreement or other activity with the United States government. Use of the Service by the United States Government or other governmental agencies shall be as "restricted computer software" or "limited rights data" as set forth in 48 CFR 52.227-14, or as "commercial computer software" or "commercial computer software documentation" under DFARS 252.227-7202, or other similar applicable terms and conditions to prevent the transfer of rights in the technology to the government or such agency other than under normal commercial licensing terms and conditions. Use of the Service involves incidental access to or use of commercial computer software developed exclusively at private expense, and which in all respects comprise proprietary data belonging to Westell. The acquisition or use of Services does not include the acquisition or delivery of any software or any rights therein. The terms and conditions of this clause shall govern the government’s use of the Services, and shall supersede and take precedence over any conflicting contractual terms or conditions. If this provision fails to meet the government’s needs or is inconsistent in any respect with Federal law, the government agrees to decline access to, or use of, any software belonging to Westell.
Export and Import Control Laws and Regulations
Governing Law; Exclusive Forum; Jurisdiction
Westell will not be responsible for delays and/or defaults in its performance due to causes beyond its reasonable control, including, but without limiting the generality of the foregoing; acts of terrorism, wars, hostilities, revolutions, riots, civil commotion, national emergency, fire or explosion, flood, force of nature, embargoes, accidents, acts of God, or stability or availability of the Internet, the elements; telecommunication system failure; technology attacks, epidemic; quarantine; viruses; strike; lockouts; disputes with workmen or their labor disturbances; total or partial failure of transportation, utilities, delivery facilities, or supplies; acts or request of any governmental authority; or any other cause beyond Westell’s control, whether or not similar to the foregoing.