myQNAPcloud Terms of Service
Welcome to myQNAPcloud!
Please read carefully these terms and conditions of use (the “Terms”), which is a legal binding agreement between QNAP Systems, Inc. (QNAP) and You. Your use of the myQNAPcloud products, software, services, and web sites (collectively referred to as the “Service”) is conditioned upon your acceptance of these service terms without modification. By accessing or using the Service, you agree to be legally bound by the Terms, including, without limitation additional terms and conditions incorporated by reference in the Terms. You must immediately discontinue your use of the Service, if you do not agree to the Terms. If you are using the Service on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms (in which event, "You" and "Your" will refer to that organization). If your organization has a separate contract in effect with us, the Terms of that contract will govern your use of the Service.
You may need a myQNAPcloud account in order to use some of the Services. You may create your own myQNAPcloud account in some of our software products or myQNAPcloud website. You agree to: (i) provide certain limited information about Yourself as prompted to do so during the registration process or thereafter by the Service (such information to be current, complete and accurate) and (ii) maintain and update this information as required to keep it current, complete and accurate.
You are required to use a username and password for access to Your account. To keep the Service secure, You agree to carefully safeguard Your passwords, and You are solely responsible if You do not maintain the confidentiality of Your passwords and account information. Furthermore, You are solely responsible for any and all activity that occurs under Your account. QNAP is not liable for any loss incurred by You resulting from another's use of Your password, account, or public/private key, as may be applicable, either with or without Your knowledge. You agree to immediately notify QNAP of any unauthorized use of Your account or any other suspected breach of security known to You, including if You believe that Your password and/or account information has been stolen or otherwise compromised.
You agree that You are responsible for all actions and inactions of Your employees, consultants, or any other third party that You allow to access Your account, and You agree to use commercially reasonable efforts to monitor such third party users. QNAP reserves the right to disable Your account or take any other action that QNAP in its sole discretion deems necessary or appropriate in the event that QNAP has reason to believe that Your use of the Services has violated the Terms.
The Service may display some contents published by the users of the Service. The content is the sole responsibility of the entity that makes it available. QNAP may review the published contents upon requests or at its own discretion to determine whether it is illegal or violates our policies, and QNAP may remove or refuse to display content that QNAP reasonably believe violates our policies or the law. But You acknowledge that QNAP has no obligation to monitor any published contents on the Service. We are not responsible for the accuracy, completeness, appropriateness, or legality of any contents you may be able to access using the Services.
You are solely responsible for Your contents and Your account and any transmissions made when using the Services. Your use of the Services are subject to the Terms set forth herein and all applicable laws, rules and regulations, including local, state, national and international laws, rules and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). When using any of the Services You hereby agree: (i) to comply with all applicable laws, rules and regulations, including local, state, national and international laws, rules and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising); (ii) not to use the Service to post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus, trojan horse, worm or other harmful or destructive component; (iii) not to use the Service for any illegal purposes; (iv) not to use the Service to interfere or disrupt any other networks connected to the Service; (v) not to use the Service to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (vi) not to use the Service to distribute any unlawful, harassing, libelous, defamatory, racist, indecent, abusive, violent, threatening, intimidating, harmful, vulgar, obscene, offensive or otherwise objectionable material of any kind or nature.
Using the Service does not give you ownership of any intellectual property rights in the Services or the content you access. You may not use content from the Services unless you obtain permission from its owner or are otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in the Services. Don’t remove, obscure, or alter any legal notices or logos displayed in or along with the Services.
In connection with your use of the Services, QNAP may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Privacy and Copyright Protection
If you are a copyright holder or a legally authorized agent of the copyright holder and think someone is violating your copyrights, please submit the notice to myQNAPcloud@qnap.com . After receiving notification by you, QNAP will forward the notification to the particular user by electronic mail.
Respond to the notices of alleged copyright infringement, QNAP has rights to remove, or disable access to, the identified infringing content and terminate accounts of repeat infringers.
Other than the limited rights and licenses expressly set forth in this Agreement, QNAP reserves all right, title and interest (including all intellectual property and proprietary rights) in and to the Service and any other technology and software that QNAP provides or uses to provide the Service. You do not, by virtue of this Term or otherwise, acquire any ownership interest or rights in the Service or such other technology and software, except for the limited use and access rights described in this Term.
Through Your use of the Service, there may be opportunities for You to participate in the development or redevelopment of the Service. In the process of doing so, you may provide certain comments, suggestions, data, or other information to QNAP. QNAP shall have the right to retain and use any such Information in current or future products or services, without further compensation to you.
About Software in our Services
When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.
QNAP gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by QNAP as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by QNAP, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of the Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Open source software is important to us. Some software used in the Services may be offered under an open source license that QNAP will make available to you. There may be provisions in the open source license that expressly override some of these terms.
Modifying and Terminating our Services
QNAP is constantly changing and improving the Services. QNAP may add or remove functionalities or features, and may suspend or stop a Service altogether.
You can stop using the Services at any time, although QNAP will be sorry to see you go. QNAP may also stop providing Services to you, or add/create new limits to the Services at any time.
QNAP believe that you own your data and preserving your access to such data is important. If QNAP discontinue a Service, where reasonably possible, QNAP will give you reasonable advance notice and a chance to get information out of that Service.
Our Warranties and Disclaimers
We provide the Services by using a commercially reasonable level of skill. QNAP cares and hopes that you will enjoy using them. But there are certain things that QNAP doesn’t promise about the Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER QNAP NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, QNAP DOESN’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. QNAP PROVIDES THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, QNAP EXCLUDES ALL WARRANTIES.
Liability for our Services
WHEN PERMITTED BY LAW, QNAP, QNAP’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF QNAP, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID QNAP TO USE THE SERVICES (OR, IF QNAP CHOOSES, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, QNAP, QNAP’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Business uses of the Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify QNAP and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
About these Terms
QNAP may modify these terms or any additional terms that apply to the Services , for example, reflect changes to the law or changes to the Services. You should look at the terms regularly. QNAP will post notice of modifications to these terms on this page. QNAP will post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen (14) days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms shall be prevail.
These terms control the relationship between QNAP and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and QNAP doesn’t take action right away, this doesn’t mean that QNAP is giving up any rights that QNAP may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
Any disputes arising out of or relating to these terms or the Services shall be governed by the laws of the Republic of China and shall be subject to the jurisdiction of the District Court of Taipei, Taiwan, R.O.C.
For information about how to contact QNAP, please visit our contact page .