Last Modified: August 2015
These Terms and Conditions (the “Terms” or “Agreement”) for CudaSign (“CudaSign” or “Product”) are a legal agreement between you, either an individual or a legal entity (“Customer”), and Barracuda Networks, Inc. (“Barracuda”).
These Terms, along with any other policies or documents referenced herein, govern Customer’s purchase and use of CudaSign, both as a signer and originator of documents. Customer’s use of CudaSign constitutes its binding legal agreement to these Terms, which are subject to change at any time by Barracuda Networks.
If Customer is not legally able to be bound by these Terms or does not want to consent to these Terms, Customer’s use of CudaSign is strictly prohibited.
Barracuda reserves the right at any time to modify, suspend, or discontinue providing the Product or any part thereof in its sole discretion, with prior notice. Any discontinuation will be coterminous with the end of any prepaid term. Barracuda reserves the right at any time to modify these Terms in its sole discretion, without liability to Customer. This Agreement, as amended, will be effective upon use of the CudaSign Products for all existing users immediately after posting of any amended terms on the CudaSign.com website. Customer agrees to be bound by this Agreement, as modified. If Customer does not agree to any changes to the Terms, they must stop using CudaSign and terminate your account immediately. Please review the most current version of this Agreement from time to time so that you will be apprised of any changes.
Software is considered delivered and accepted when made available for download. Subject to the terms and conditions of this Agreement, Barracuda grants Customer a non-exclusive, non- transferable, non-sublicensable limited and revocable license to use the Product (including but not limited to the client software) solely and exclusively for personal or internal business purposes. Certain third party code may be provided with, or contained in, the Product. The third-party license terms accompanying such code, and not the terms of this Agreement, will govern Customer’s use of such code. Barracuda reserves all other rights to its Products.
The Products and their structure, organization, source code, and documentation contain valuable trade secrets of Barracuda and its licensors, and accordingly Customer agrees not to (and agree not to allow third parties to) (1) sublicense, transfer, or distribute any aspect of the Products or any derivative thereof to any third party, (2) modify, adapt, translate, or prepare derivative works from the Product, (3) decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Product, (4) extract portions of the software’s files for use in other applications, or (5) remove, obscure, or alter Barracuda’s or any third party’s trademarks or copyrights or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Products.
Customer acknowledges that Barracuda or its licensors own all right, title and interest in and to the software related to the Product, portions thereof, or content provided through or in conjunction with the Product, including without limitation all intellectual property rights. Except for the license granted in these Terms, all rights in and to the Products are reserved, and no implied licenses are granted by Barracuda.
For comments on the Products or ideas on how to improve them, please visit http://university.cudasign.com/. Please note that by doing so, Customer also grants Barracuda a perpetual, fully paid, royalty-free, irrevocable, transferable license, with right of sublicense, to use and incorporate Customer’s ideas or comments into the Products (or third party software, content, or services), and to otherwise exploit Customer’s ideas and comments, in each case without further compensation.
Barracuda will automatically bill the subscription in accordance with the product and billing term that the Customer selects. The fees for the Account will be billed from the date elected by Customer, or convert to a Account and will be automatically billed each month or year on the anniversary of the commencement of the Account.
Fees are exclusive of all taxes and Customer is responsible to pay all taxes associated with the use and purchase of CudaSign.
Customer acknowledges that the amount billed each period may vary for reasons that include differing amounts due to promotional offers, differing amounts due to changes in Customer’s account, or changes in the amount of applicable sales tax. Customer authorizes Barracuda to bill for such varying amounts. All fees and charges are non-cancelable and nonrefundable and no credits will be given for partially used periods.
If any fee is not paid when due, or Barracuda is unable to process the transaction using the payment information provided, Barracuda reserves the right to revoke access to Customer’s CudaSign account and to use its discretion to delete some or all of Customer’s Documents. Any payment not received from Customer by the due date shall accrue (except with respect to charges then under reasonable and good faith dispute), at the lower of one and a half percent (1.5%) of the outstanding balance per month (being 18% per annum) from the date such payment is due until the date paid. All amounts payable to Barracuda under this Agreement shall be paid by Customer to Barracuda in full without any setoff, recoupment, counterclaim, deduction, debit or withholding for any reason (other than any deduction or withholding of tax as may be required by applicable Law).
Barracuda may change the fees and charges in effect, or add new fees and charges, from time to time, but we will give Customer advance notice of these changes by email or on the website. It is Customer’s responsibility to keep its contact information and payment information current and updated.
Customer agrees that CudaSign shall have the right to, automatically and without notice, renew the Account at the same upon expiration of the license period. Customer agrees that if it fail to pay any renewal fee when due, then Barracuda may terminate the license upon expiration of the current period, and delete any data remaining in CudaSign.
Accounts will continue in effect unless and until Customer cancels the Subscription or it is terminated by Barracuda. Customer must cancel the Account before it renews each month or year in order to avoid billing of the next month’s or year’s fees.
Customer may cancel the Account at any time, and cancellation will be effective immediately. Should Customer elect to cancel the Account, Customer will not be issued a refund for the most recently (or any previously) charged monthly or annual fees.
This Agreement is effective upon any use of CudaSign and remains in effect until the account is terminated either by Customer or by Barracuda.
Customer’s right to use CudaSign automatically terminates if Customer fails to comply with these Terms. Barracuda reserves the right to refuse or discontinue participation to any user at any time at its sole discretion. Customer agrees that, upon such termination, Customer will discontinue all use of the Products and that Customer’s access rights will immediately terminate.
If this Agreement terminates, other than for Customer’s failure to comply, Barracuda will use commercially reasonable efforts to make Customer Documents available for Customer by request for a period of thirty (30) calendar days. Barracuda has no obligation to provide Customer with a copy of your Documents and may remove and discard any Documents. Any termination for convenience by Barracuda will be coterminous with any prepaid subscription term.
The terms of this agreement that by their nature extend beyond termination, including Payment, Warranty, Limitation of Liability, Governing Law, Dispute Resolution, and Venue shall survive termination of this Agreement.
Each party may from time to time divulge confidential information and proprietary trade and/or manufacturing secrets to the other party. The receiving party shall preserve in strict confidence any confidential or proprietary information obtained concerning the business or affairs of the disclosing party and affiliated entities, including but not limited to this Agreement, trade secrets, technology, the Price List, marketing strategies, customer lists, mail lists, and information concerning the design or methods of manufacture of the Products (“Confidential Information”), and shall refrain from disclosing, during the term of this Agreement or at any time thereafter, any such information to any person or persons, natural or corporate except as expressly provided herein. The receiving party agrees, with respect to Confidential Information disclosed hereunder, to use the same degree of care that it uses to prevent the disclosure of its own similar information, but in no event less than reasonable care. The receiving party may only use Confidential Information for the purpose of fulfilling its obligations hereunder and shall disclose the Confidential Information only to its own employees and to its attorneys, accountants and other professional advisors, in each case who have a need to know and who have agreed in writing under terms at least as stringent as these terms, to maintain such Confidential Information in confidence. The receiving party shall be liable for a breach of this section by any of its representatives to whom it discloses Confidential Information. The receiving party shall not have any obligation to protect Confidential Information which (a) was in the receiving party’s possession prior to receipt from the disclosing party; (b) is, or becomes, a matter of public knowledge through no act, omission or fault of the receiving party; or (c) is disclosed by the receiving party with the written permission of the disclosing party.
Barracuda represents and warrants as follows: (i) it uses information only in ways that are compatible with the purposes for which it was collected by CudaSign and in compliance with U.S. privacy laws; and (ii) Barracuda’s services and Products perform in accordance with the specifications in its then-current form at the time you sign up for the service and for a period of 90 days thereafter. THE WARRANTY WILL BE EFFECTIVE, AND BARRACUDA WILL BE OBLIGATED TO HONOR THE WARRANTY, ONLY UPON BARRACUDA's RECEIPT OF PAYMENT IN FULL FOR THE ITEM TO BE WARRANTED.
EXCEPT AS OTHERWISE STATED ABOVE, THE PRODUCTS AND ANY THIRD PARTY SOFTWARE AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. BARRACUDA AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS, SOFTWARE AND SERVICE AND SUCH THIRD PARTY SOFTWARE OR SERVICES.
CUSTOMER UNDERSTANDS AND AGREES THAT USE OF THE PRODUCT, AND ALL THIRD PARTY SOFTWARE OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PRODUCT, IS AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO ITS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE PRODUCT AND SUCH THIRD PARTY SOFTWARE AND SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, AND WHERE THAT IS IN EFFECT, THE ABOVE EXCLUSIONS MAY NOT APPLY.
UNDER NO CIRCUMSTANCES SHALL BARRACUDA, OR ITS SUPPLIERS, RESELLERS, PARTNERS OR THEIR RESPECTIVE AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE PRODUCT, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF BARRACUDA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
WITHOUT LIMITING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF BARRACUDA, AND ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED (i) US$25 IF NO AMOUNTS HAVE BEEN PAID BY YOU TO BARRACUDA OR (ii) THE AMOUNT PAID BY CUSTOMER FOR CUDASIGN IN THE THREE MONTH PERIOD IMMEDIATELY PRIOR TO THE CLAIM.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCT, FROM INABILITY TO USE THE PRODUCT, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DEATH OR BODILY INJURY OR THE LIMITATIONS ABOVE AND IN THOSE JURISDICTIONS, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY.
THESE TERMS AND THE USE OF THE PRODUCT AND SOFTWARE WILL BE GOVERNED BY CALIFORNIA LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES.
IF YOU LIVE IN THE UNITED STATES, THIS SECTION CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS YOUR RIGHTS ABOUT HOW TO RESOLVE ANY DISPUTE WITH BARRACUDA. PLEASE READ IT.
The parties will attempt to resolve any claim, or dispute or controversy (whether in contract, tort or otherwise) against Barracuda, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, "Barracuda" ) arising out of or relating to this Agreement, Barracuda advertising, or any related purchase (a "Dispute" ) through face to face negotiation with persons fully authorized to resolve the Dispute or through mediation utilizing a mutually agreeable mediator, rather than through litigation. If the parties are unable to resolve the Dispute through negotiation or mediation within a reasonable time after written notice from one party to the other that a Dispute exists, the Dispute will be settled by binding arbitration in accordance with the then current CPR Rules for Non-Administered Arbitration. The Arbitration will be conducted before three (3) independent and impartial arbitrators. Barracuda will appoint one (1) arbitrator and the other party or parties will appoint one (1) arbitrator. The two (2) appointed arbitrators will then select a third arbitrator, who shall be the presiding arbitrator. The arbitration hearing shall take place in Cupertino, California and will be governed by the United States Federal Arbitration Act to the exclusion of any inconsistent state laws. The arbitrators shall base their award on the terms of this Agreement, and will follow the law and judicial precedents that a United States District Judge sitting in the county of Santa Clara would apply to the Dispute. The arbitrators shall render their award in writing and will include the findings of fact and conclusion of law upon which their award is based. Judgment upon the arbitration award may be entered by any court of competent jurisdiction. The existence or results of any negotiation, mediation or arbitration will be treated as confidential. Notwithstanding the foregoing, either party will have the right to obtain from a court of competent jurisdiction a temporary restraining order, preliminary injunction or other equitable relief to preserve the status quo or prevent irreparable harm, although the merits of the underlying Dispute will be resolved in accordance with this paragraph. THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS AGREEMENT DOES NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. THE ARBITRAL TRIBUNAL MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Customer may not assign or transfer any of your rights or obligations under this Agreement. Barracuda Networks may freely assign its rights and obligations under this Agreement. Any attempted assignment or transfer in violation of the foregoing will be void.
If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted which as closely as possible reflects Barracuda Networks intent.
The Products and software, including technical data, are subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Customer agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Product or software. Barracuda provides multiple versions of the Barracuda Email Security Gateway targeted for specific geographic regions.
Each party agrees to comply with all applicable laws related to such party’s performance of the obligations set forth in this Agreement, including but not limited to any applicable privacy laws.
In the event of a conflict between these terms and any terms referenced herein, these terms will govern.
Customer grants permission to Barracuda to use Customer's logo on the Barracuda Web Site, or any other marketing material when referring to Customer. Customer will retain all title and rights to such logos.
The parties intend that the relationship between them created by this Agreement shall be that of an independent contractor. Neither Barracuda nor Barracuda's agents, employees, or servants shall be deemed to be an employee, agent, or servant of you. Barracuda is not to be considered to be an agent or employee of you for any purpose, and none of the benefits provided by you to your employees are available to Barracuda or Barracuda's employees, agents, or servants. Barracuda shall be solely and entirely responsible for Barracuda's acts and for the acts of Barracuda's agents, employees, servants and subcontractors during the performance of this Agreement.
All terms that by their nature should survive the termination or expiration of the agreement shall survive.
Neither party hereto shall be liable for any failure to timely perform any of its obligations under this agreement if such failure is caused by the occurrence of any event beyond the reasonable control of such party, including without limitation, fire, flood, strikes, hurricanes, and other industrial disputes, failure of raw material, failure of transport, accidents, wars, riots, insurrections, acts of God or orders of any government department or agency.
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
The failure of either party to enforce at any time or for any period of time the terms of this document shall not be construed as a waiver of such terms or the rights of such party there- after to enforce each term contained herein.
If any term or condition of this agreement is held void or unenforceable, it shall be severed, and every other provision shall be enforced as if the void or unenforceable term or condition had never been a part hereof.
Last Modified: February, 2013
Thank you for your interest in CudaSign. We recognize and respect your right to privacy.
You may access CudaSign from desktop computers, laptop and tablet computers, mobile phones, storage products, and third- party applications.
CudaSign is a place for you to store Private Data Files. Private Data Files are files which are not already public and is not intended to be made public through CudaSign and belong solely to you and which no one else has a legitimate copyright or property claim against.
CudaSign is not intended for use by persons under the age of 18. If we become aware that a person under age 18 has provided us with information, we will take actions to delete such information from CudaSign.
“Personal Information” is information that can be used to uniquely identify or contact a person. Your Personal Information is considered confidential and private to you.
You may be asked to provide your Personal Information when you create a CudaSign account or anytime you are in contact with us.
Here are some examples of Personal Information we collect and how we may use it.
We collect and store the files you use within CudaSign, including files you upload, download, access, send, share, or email. We may associate all or part of any file you use with CudaSign with part or all of other files used with CudaSign by you or others for the purpose of eliminating unnecessary duplicate storage.
We access your uploaded file information (file extensions, sizes, thumbnails, modified dates, etc.) for the purpose of providing system maintenance, management, and technical support.
We may process any information we collect in the country where it was collected as well as other countries.
To collect information, we use various technologies, such as “cookies”, pixel tags and web beacons, on our website, in CudaSign, email messages, and advertisements. These technologies help improve the user experience – for example by keeping a user logged in and remembering their username or other information between sessions.
At times we may make certain Personal Information available to strategic partners and service providers that work with us to provide our services, or that help us market CudaSign. For example, we use third parties to process credit card information for orders in accordance with PCI compliance security guidelines.
It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence − for us to disclose your Personal Information, Non Personal Information, and Private Data Files. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate.
We may also disclose information about you if we determine that disclosure is reasonably necessary to ensure compliance with our service terms, or protect our operations or other users.
In the event of a reorganization, merger, sale or change of ownership we may transfer any and all information, including Personal Information, we collect to the new owner.
Our websites may contain links to other sites that are not under our control. These websites have their own policies regarding privacy. You should review those policies when visiting third party websites. We are not responsible for linked websites, and we provide these links solely for the convenience and information of our users.
It is your responsibility to keep your CudaSign password private and secure. We strongly recommend against sharing your login and password with others.
We take industry standard precautions through administrative, technical and physical measures to protect your Personal Information, Non-Personal Information and Private Data Files against loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction.
We use Secure Sockets Layer (SSL) encryption on all web pages that collect any Personal Information. Using an SSL-enabled browser such as Chrome, Firefox, Safari or Internet Explorer is required when your Personal Information is transmitted over the Internet.
When you use some features of CudaSign, such as sending files, sharing folders or posting comments, the Personal Information, Non Personal Information, and Private Data Files you share is visible to other users and can be read, collected, or used by them. You are responsible for the information you disclose in this way. For example, if you list your name and email address in a forum posting, that information is public.
We take reasonable steps to ensure the integrity and security of our network and systems but cannot guarantee these security measures will prevent third-parties from obtaining Personal Information, Non Personal Information and Private Data Files by illegal actions or attacks. Should such an attack occur, we will notify you in accordance with local law and we will supply the appropriate authorities with available information on the third party in the event the attack comes under prosecution.
We reserve the right to revise, amend, or modify this policy and our other policies and agreements at any time and in any manner. The latest revision of this policy will be published on a webpage accessible from http://signnow.com. Your continued use of CudaSign will signify your acceptance and consent to all current policies and agreements.
If you have a question, comment, dispute or complaint related to your privacy while using a CudaSign or our website, we ask you contact us at firstname.lastname@example.org.
By using this site you are agreeing to conduct business electronically, including eSigning. You understand and accept that the same legal rights and obligations occur with any resulting electronic signature through the CudaSign system as traditional physical ink signature. You agree that you have the option to use traditional physical ink signature, and you choose to forgo that option. You represent that any party to a document signed using CudaSign agrees to the use of electronic signatures completed using CudaSign. You are satisfied that the CudaSign process completes and binds documents in such a way that any change is detectable and that the signature is verifiable. CudaSign make no warrant or representation that you or any signer is a member of any organization of any kind, or has any ability to sign for any organization whatsoever.
From time to time, parties to this agreement may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures. Please read the information below carefully and thoroughly, and only proceed with using CudaSign if you agree to these terms and conditions.
If a party is requesting an eSignature from you, you may request from them a paper copy of any record made available electronically to you. For such copies, as long as you are an authorized user of the CudaSign system, you will have the ability to download and print any documents we send to you through your CudaSign user account. You may request delivery of paper copies from the party by contacting them directly.
You may decide at any time to receive notices and disclosures in paper format from other parties by notifying the other party by phone, mail, or electronic means.
If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which parties can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures.
Unless you tell the party otherwise, parties are able to provide electronically through your CudaSign account or other electronic means all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of the parties relationship. You can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system, by providing notice to the other party. If you do not agree with this process, please let the party know and discontinue your use of CudaSign.
You can use any means available to contact the party outside of CudaSign. If your only contact with the party is through CudaSign, then you can reply to transactional emails sent from CudaSign to contact the other party in order to let them know of your changes as to how to contact you electronically, to request paper copies of certain information from them, and to withdraw your prior consent to receive notices and disclosures electronically.
|Operating Systems:||Windows XP or Mac OS X or higher, or iOS 4 or higher|
|Browsers:||The latest Chrome, Firefox, Safari, or Internet Explorer|
|Email:||Access to a valid email account|
|Screen Resolution:||800 x 600 minimum|
|Enabled Security Settings:||• Allow per session cookies
• Users accessing the internet behind a Proxy Server must enable HTTP 1.1 settings via proxy connection
** These minimum requirements are subject to change.
Any use of the product, because of it is by its nature a technology product, is acknowledging your consent to electronic transactions, the consent to electronic signatures, and the full terms of this disclosure and CudaSign including the following statement:
"I can access and read this Electronic Disclosure document; and I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and Until or unless I notify the other party as described above otherwise, I consent to receive through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by the other party during the course of my relationship with them."
Thanks for using CudaSign.