This is a legal agreement between you and American Reprographics Company, L.L.C. ("ARC LLC", "we" or "us"); please read it carefully. By using or accessing this website (the "Site"), or by accessing or using any part of the ishipdocs proprietary file transmission service (together with the Site, the "Service"), you agree to be bound by these Terms and Conditions of Service and by the ishipdocs Privacy Policy which are collectively referred to as the "Agreement". If you do not agree to these terms then you have no right to access or use the Service. The terms of this Agreement, as modified by us from time to time in accordance with the next paragraph, will govern your use of the Service.
We may revise these Terms and Conditions of Service and/or the Privacy Policy from time to time, in our sole discretion. Each revision will be marked with a revision date and will be posted on the Site. We recommend that you review this page from time to time to note any changes. By continuing to access or use the Service, you agree to be bound by the Terms and Conditions of the Service and Privacy Policy in effect at the time of such access or use. If you do not agree to the modified terms then you must cease using the Service.
We may modify, suspend, or discontinue, temporarily or permanently the Service and may remove or delete any end customer or print service provider files at any time, in our sole discretion.
An end customer uses the Service to store, share, send and print documents.
The Service enables end customers to store, share, send and print files via the ishipdocs network. The service for end customers includes the following account types: Pay as U Go, Single, Business and Enterprise. Customers must subscribe to an account upon conclusion of any free introductory promotional or trial period offered to them or during the registration process (if no free introductory promotional or trial period is offered). Accounts are subscription-based services requiring periodic payments (monthly or annually, depending on the account type). A more detailed description of the Service for end customers, and the features associated with different end customer account types, can be found on the pricing page.
End customers must subscribe to an account upon conclusion of any free introductory promotional or trial period offered to them or during the sign-up process. Once the initial account is established, additional accounts (such as Pay as U Go, Single, Business and Enterprise) may be added or the initial account may be upgraded to a Pay as U Go, Single, Business or Enterprise account.
You acknowledge and agree that ARC, LLC may revise its practices and policies concerning use of the Service, including without limitation, the maximum file size that an end customer may store and send through the Service, the maximum number of days that a file will be stored by the Service, the maximum number of times an end customer may access the Service in a given period of time, and the maximum number of recipients to which an end customer may send a file.
Notwithstanding the foregoing, the features and limitations in effect when you began your subscription term will remain in effect for the remainder of such subscription term. The only software needed to access the Service for end customers is a standard Web browser. However, ARC, LLC may make certain third party software applications available to end customers that offer additional ways to access the Service. Such software will be made available by ARC, LLC under the terms of an end user license agreement, which you should read prior to installing third party software.
A Print Service Provider provides fulfillment services, print output and local delivery.
The Service provides print service providers access to a global print partner network established through the Service and provides the capability to transfer files to remote locations. The Service also allows a print service provider's customer to transfer files to its print service provider. Print service provider customers will not have access to the print service provider network established through the Service (which is available only to print service providers).
The Service for print service providers includes the following account types: Bronze, Gold and Platinum. Accounts are subscription based services requiring annual payments. A more detailed description of the Service for print service providers, and the features associated with different print service provider accounts, can be found on the pricing page.
Print service providers must subscribe to an account upon conclusion of any free introductory promotional or trial period offered to them or during the sign-up process. Once the initial account is established, additional accounts (such as Bronze, Gold and Platinum) may be added or the initial account may be upgraded to a Bronze, Gold or Platinum account.
You acknowledge and agree that ARC, LLC may revise its practices and policies concerning use of the Service, including without limitation, the maximum file size that a print service provider may store and send through the Service, the maximum number of days that a file will be stored by the Service, the maximum number of times a print service provider may access the Service in a given period of time, and the maximum number of recipients to which a print service provider may send a file.
Notwithstanding the foregoing, the features and limitations in effect when you began your then-current subscription term will remain in effect for the remainder of such subscription term. The only software needed to access the Service for a print service provider is a standard Web browser. However, ARC, LLC may make certain third party software applications available to end customers that offer additional ways to access the Service. Such software will be made available by ARC, LLC under the terms of an end user license agreement, which you should read prior to installing third party software.
End customer and print service provider are sometimes collectively referred to in this Agreement as "Customer."
In order to use the Service and transfer files, you must register and purchase an ishipdocs Account, either initially or upon conclusion of any free introductory promotional or trial period that may be offered to you. You may register on the sign-up page on the Site. During registration, you agree to provide accurate, current and complete information. We reserve the right, in our sole discretion, to refuse to allow any prospective Customer to register as a Customer, to establish an account and/or to cancel any existing account. We may require additional qualifying information prior to approving any Customer or registration.
You are responsible for safeguarding the password that you use to access the Service. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities under your password, whether or not you have authorized such activities. You will immediately notify the ishipdocs support team of any unauthorized use of your password. You are responsible for keeping your account information current and accurate; ARC, LLC will have no liability for failure to deliver notices that result from inaccurate account information or otherwise.
Customer accounts are subscription-based services with recurring credit card charges on a periodic basis. For certain Customers with enterprise accounts, ARC, LLC may offer the choice of credit card payments or enterprise account invoicing. You agree to pay all account charges, and any applicable taxes and other fees that accrue in relation to your use of the Service. For more information about the subscription services and available payment methods, refer to the pricing page on the Site.
The fees for the Service are available at www.ishipdocs.com. ARC, LLC reserves the right to change fees or applicable charges and to add new charges in effect from time to time, upon thirty (30) days prior notice to you (which may be sent to the email address most recently provided us).
You have sole responsibility for all Customer files that you store on ishipdocs servers through use of the Service. You acknowledge and agree that ARC, LLC will not be responsible for any failure of the Service to store a Customer file, for the deletion of a Customer file stored on ishipdocs servers, or for the corruption of or loss of any data, information or content contained in a Customer file.
You will not use the Service to transmit, route, provide connections to or store any material that infringes any copyright or otherwise violates or promotes the violation of the intellectual property rights of any third party. We reserve the right to terminate the account(s) of any Customer that infringe(s) or that we believe infringe(s) the intellectual property rights of third parties or ARC, LLC. ARC, LLC reserves the right, in its sole discretion, at any time, to delete files that it believes to be in violation of this Agreement and to terminate the use of the Service by any Customer that it believes is in violation of this Agreement.
All right, title, and interest in and to the Service is and will remain the exclusive property of ARC, LLC or its licensors, if applicable. The Service is protected by applicable copyright, trademark, and other laws. Except as expressly permitted in this Agreement, you may not reproduce, modify, reverse engineer or prepare derivative works based upon, distribute, sell, transfer or transmit the Service.
ARC, LLC does not claim any ownership rights in any files that are made available through the Service. However, by making files available through the Service, you grant ARC, LLC the non-exclusive, worldwide, transferable right, on a royalty-free basis (with a right to sublicense this right only to third parties assisting ARC, LLC in providing the Service) to use, copy, distribute and process Customer files on the Site and through the Service on behalf of the Customer solely for the purposes of ensuring secure transfer and delivery of such Customer files.
The ishipdocs logo, and all other ishipdocs trademarks, service marks, product names and trade names of ishipdocs appearing on the Service are owned by ARC, LLC. All other trademarks, service marks, product names, and logos appearing on the Service are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name or logo appearing on the Service without the owner's prior written consent.
Certain features and functionality of the Service may be implemented through use of software or technology that is licensed to us by third parties, and incorporated in the Service from time to time.
As a condition to your use of the Service, you agree not to:
ARC, LLC reserves the right to investigate and prosecute violations of any of the above, including without limitation possible infringement of any intellectual property rights and possible security breaches, to the fullest extent of the law. ARC, LLC may involve and cooperate with law enforcement authorities in prosecuting Customers who violate the terms of this Agreement. You acknowledge that, although ARC, LLC has no obligation to monitor your access to or use of the Service, it has the right to do so for the purpose of operating the Service, to ensure your compliance with the terms of this Agreement, or to comply with applicable law or any order or requirement of a court, administrative agency, or other governmental body. ARC, LLC reserves the right at all times to disclose, in its sole discretion, any files as necessary to (a) satisfy any law, regulation, or governmental request or (b) reduce or prevent what ARC, LLC considers to be, in its sole discretion, a serious or imminent threat to your health or safety or the health or safety of 3rd parties.
The Service may, from time to time, contain links to third-party websites. You acknowledge and agree that ARC, LLC is 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 any such websites do not imply any endorsement by ARC, LLC 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 third-party websites.
We perform system maintenance of the Service on a regular basis. We use commercially reasonable efforts to ensure that the Service is available for use during this time. We will use commercially reasonable efforts to perform all maintenance during pre-scheduled maintenance windows. Currently, the maintenance window is between 8.00 p.m. Saturday and 2.00 a.m. Sunday, U.S. Pacific time. We reserve the right to conduct additional maintenance of the Service, as needed in our sole discretion, without prior notification or announcement.
Except as specifically set forth in this section, all accounts are prepaid for the period selected (monthly, yearly or otherwise) and are non-refundable. When end customers (Single, Business and Enterprise) or print service providers (Bronze, Gold and Platinum) cancel their account, they will not be issued refunds for their most recent (or any previous) billing. Customers who subscribe to an annual account and wish to cancel and request a refund may do so within 30 days of the day on which their account was last charged by providing 30 days prior written notice to the ishipdocs support team. The refund will be prorated based on the amount of time remaining in the then subscription period.
If you do not provide 30 day's prior written notice, you will be required to renew your account for an additional term and you will be charged fees for the renewed term. If you decide not to renew your account, your access privileges to the Service will be terminated automatically upon the expiration of the subscription term.
We reserve the right to discontinue the Service at any time and without notice. In the event of such discontinuation by us, you will receive a refund of any fees paid by you, prorated to the amount of time remaining in the then-current subscription period.
Upon cancellation by ARC, LLC or at your direction, you may request a file of your data, which ARC, LLC will make available for a fee.
If you breach this Agreement, we will have the right to terminate this Agreement immediately, without notice, and to deactivate your account. In the event of your breach of this Agreement, we will not be required to refund any fees paid by you.
Upon cancellation of your account, access to your account will be deactivated and you will no longer have access to the Service.
If you have questions while canceling your account, you must give the ishipdocs support team adequate time to respond to your message. Delays in our support system do not qualify as a reason to extend your trial period.
Neither party may make any public statement, press release, or other public announcement relating to the terms of this Agreement or any relationship between the parties, without the prior written approval of the other party, except as required by law; provided, however, that ARC, LLC may identify Customer as a Customer on any ARC, LLC Customer list published orally, in print or electronically. Customer hereby grants ARC, LLC a limited, non-exclusive, nontransferable, royalty-free license to use, reproduce and publicly display its trademarks, trade names and/or service marks specifically and only in connection with marketing and promotion of the Service during the term of the Customer's subscription to the Service.
THE SERVICE IS PROVIDED "AS-IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ARC, LLC EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ARC, LLC MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, AND/OR ERROR-FREE BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT ARC, LLC AND ITS AFFILIATES WILL NOT BE RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR THE COMPUTER SYSTEM OF ANY THIRD PARTY THAT RESULTS FROM USE OF THE SERVICE.
As a condition to your use of the Service, you acknowledge and agree as follows:
You will defend, indemnify, and hold harmless ARC, LLC, 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 Service, or your violation of this Agreement, including without limitation third party claims that files submitted to, or transmitted through, the Service by you infringe or misappropriate the intellectual property rights, privacy rights, publicity rights or moral rights of a third party.
n no event will ARC, LLC be liable to any Customer or any third party for any incidental, special, consequential or punitive damages arising out of or in connection with this Agreement or from the use of or inability to use the Service or any Customer files sent through the Service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not ARC, LLC has been informed of the possibility of such damage, even if any limited remedy set forth herein is found to have failed of its essential purpose.
In no event will ARC, LLC's aggregate liability to you or to any third party for any and all claims arising out of or in connection with the use of the Service exceed the lesser of (a) one hundred U.S. dollars ($100) and (b) the fees paid to ARC, LLC by you in the twelve (12) months leading up to the event giving rise to such a claim. The limitations of damages set forth above are fundamental elements of the basis of the bargain between ARC, LLC and you.
This Agreement will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of this Agreement will be the state and federal courts located in San Francisco County, California and you waive any objection to jurisdiction and venue in such courts.
This Agreement is the entire and exclusive agreement between ARC, LLC and you regarding the Service, and this Agreement supersedes and replaces any prior agreements between ARC, LLC and you regarding the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other ARC, LLC services, affiliate services or third-party content software or services.
You wil not assign any rights granted to you or delegate any of your duties hereunder; any attempt to do so is void and of no effect. ARC, LLC may freely assign these Terms and Conditions of Service and the rights granted hereunder without restriction. Nothing in this Agreement shall constitute a partnership or joint venture between you and ARC, LLC. In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and affect. ARC, LLC may provide you with notices, including those regarding changes to the Service by email or by postings on the Site. The failure of ARC, LLC to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. The headings and captions contained in this Agreement are for convenience only and are not to be used in the interpretation of this Agreement.
If you have any questions about this Agreement or the Service, please contact the ishipdocs support team at support@ishipdocs.com.
Last updated: June, 2011