Last Modified: May 2013
The CudaSign Terms of Service (the “Terms” or “Agreement”) is a legal agreement between you, either an individual or a single legal entity (“You” or “you” or “Your” or “your”), and Barracuda Networks, Inc. for the CudaSign service (“SignNow” or “Product” or “we” or “our”). These Terms govern your use of CudaSign, including any updates and accompanying written documentation.
Your use of the CudaSign constitutes your binding legal agreement to these Terms, which are subject to change at any time by Barracuda Networks. If you are not legally able to be bound by these Terms, your use of CudaSign is prohibited.
When you use the Product, you agree that CudaSign may duplicate and store your data, information, files and folders in accordance with CudaSign’s policies and these Terms. As between You and CudaSign, all information You provide to CudaSign remains your property. By uploading or inputting any document or file into the Site or CudaSign, regardless of form or content, you grant CudaSign a license to use that document as necessary to provide the services listed on the Site. Any electronic information or recording created on or through CudaSign is the property of CudaSign.
We may also need to share your data, information, files and folders with third parties who assist us in providing the service. You hereby consent to such sharing. In addition, CudaSign may contain links to third party websites or resources. Your use of the third party materials is governed by their terms and not this Agreement. We are not responsible for or endorse these third parties.
You are responsible for maintaining and protecting your data in CudaSign and CudaSign is not responsible for any loss or corruption to your files or information or for backing up such information.
CudaSign is not intended for use by persons under the age of 18 years old. By accepting these terms you represent that you are at least 18 years old.
You must be a registered user to access the Product. Individual users must register using their name and entity users must register under the legal name of their entity. You are responsible for keeping your password private and secure, and are prohibited from sharing your login and password with others. You will be solely responsible and liable for any activity that occurs under your user name.
You are solely responsible for your conduct and your data content uploaded or otherwise placed into CudaSign. We are not responsible for the legality and appropriateness of information in CudaSign, which you may be able to access or view through your use. You agree to indemnify, defend, and hold harmless CudaSign and its suppliers from any and all loss, cost, liability, and expense arising from or related to your data, your use of the Products, or your violation of these terms.
The Products are made available to you only for your personal or internal business use, which use must be in compliance with all applicable CudaSign policies, laws, rules and regulations and must not infringe or violate third party rights. You may not make commercial use of the Products, including but not limited to selling, licensing, providing services, or distributing the Products to any third party unless receiving the express written consent of Barracuda Networks.
Any unauthorized use of any CudaSign computer system is a violation of these Terms and may also violate certain federal and state laws. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties. CudaSign may immediate remove any content or data, or suspend or cancel accounts if it becomes aware of any misuse or illegal actions associated with an account or user, without prior notice to You.
You must use CudaSign responsibly and in a way not interfere with the use, privacy or rights of others. When using CudaSign, you must not, and must not attempt to, use the services to do any of the following things.
CudaSign reserves the right at any time to modify, suspend, or discontinue providing the Product or any part thereof in its sole discretion with or without notice.
CudaSign reserves the right at any time to modify these Terms in its sole discretion, without liability to you. 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. You agree to be bound by this Agreement, as modified. If you do not agree to any changes to the Terms, you must stop using CudaSign and terminate your account immediately.
Please review the most current version of this Agreement from time to time, located at https://www.signnow.com/terms (or such successor URL as CudaSign may provide), so that you will be apprised of any changes.
Subject to the terms and conditions of this Agreement, CudaSign grants you a non-exclusive, non- transferable, non-sublicensable limited and revocable license to use the Product (including but not limited to the client software) and to use the CudaSign Products for the sole and exclusive purposes of your 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 your use of such code. CudaSign reserves all other rights to its Products.
The Products and their structure, organization, source code, and documentation contain valuable trade secrets of CudaSign and its licensors, and accordingly you agree 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 CudaSign’s or any third party’s trademarks or copyright or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Products.
You agree that CudaSign shall have the right to automatically and without notice renew your license to continue to use the Products upon expiration of your license period. You agree that if you elect to not permit CudaSign the right to automatically renew your license to use the Products or maintain your credit card information on file, then CudaSign may terminate your license.
You acknowledge that CudaSign or third parties own all right, title and interest in and to the computer source code related to the Product, portions thereof, or software or content provided through or in conjunction with the Product, including without limitation all intellectual property rights. Except for the license granted in this Section, all rights in and to the Products are reserved, and no implied licenses are granted by CudaSign.
If you have comments on the Products or ideas on how to improve them, please email email@example.com. Please note that by doing so, you also grant CudaSign a perpetual, fully paid, royalty-free, irrevocable, transferable license, with right of sublicense, to use and incorporate your ideas or comments into the Products (or third party software, content, or services), and to otherwise exploit your ideas and comments, in each case without further compensation.
When using CudaSign, you must respect the intellectual property rights of others. We will respond to any notice of alleged copyright infringement if they comply with the law and are properly reported to us. We reserve the right to delete or disable content alleged to infringe and our designated agent for alleged infringement is:
Copyright AgentBarracuda Networks, Inc.3175 S. Winchester BlvdCampbell, CA firstname.lastname@example.org
CudaSign offers a free account option. CudaSign reserves the right to change the free account structure or terminate free accounts at any time. CudaSign may, at times, award your account additional features or usage through various promotions, such as a referral program. You must follow the rules and restrictions of any such promotion to be eligible, and such additional features or usage are subject to the same restrictions contained in these terms.
The fees for any premium, upgraded, or paid accounts (“Upgraded Account(s)”) will be billed from the date you elect, or convert to, a Upgraded Account and on each renewal thereafter unless and until you cancel your account. CudaSign will automatically bill you by credit card or otherwise if agreed upon each period on the anniversary of the commencement of your Upgraded Account. You acknowledge that the amount billed in any given period may vary for reasons that include, differing amounts due to promotional offers, differing amounts due to changes in your account, or changes in the amount of applicable sales tax, and you authorize us to charge you for such varying amounts. All fees and charges are noncancelable and nonrefundable and no credits will be given for partially used periods, unless otherwise agreed to.
If any fee is not paid in a timely manner, or CudaSign is unable to process your transaction using the information provided, CudaSign reserves the right to revoke access to your CudaSign account. CudaSign reserves the right to use our discretion to delete some or all of Your data in order to prevent incurring continued costs after 30 days of delinquency.
Should you elect to increase to a larger Upgraded Account, the commencement date for your next renewal period will be reset and you will be billed for the first month or year of the upgraded level of service on a pro-rata basis.
CudaSign may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email or on the website. If you want to use a different payment method, you may edit your information by accessing your “Account” page or contacting a support representative. It is your responsibility to keep your contact information and payment information current and updated.
Your CudaSign Upgraded Account will continue in effect unless and until you cancel your Upgraded Account or we terminate it. You must cancel your Upgraded Account before it renews each month or year in order to avoid billing of the next month’s or year’s fees to your credit card. CudaSign will bill the monthly or yearly fees associated with your Upgraded Account plus any applicable tax to the credit card you provide to us.
You may cancel your CudaSign Upgraded Account at any time, and cancellation will be effective immediately. If you wish to cancel your Upgraded Account you may do so via your “Account” page or talking to a representative. Should you elect to cancel your Upgraded Account, please note that you will not be issued a refund for the most recently (or any previously) charged monthly or annual fees.
By signing up for a CudaSign Upgraded Account and providing CudaSign with your payment account information, you hereby agree to these payment terms and conditions.
This Agreement is effective upon any use and remains in effect until your account is terminated. Terms that by their nature extend beyond termination shall survive termination of this Agreement.
Your right to use CudaSign automatically terminates if you fail to comply with these Terms. CudaSign reserves the right to refuse or discontinue participation to any user at any time at its sole discretion. You agree that, upon such termination, you will discontinue all use of the Products and that your access rights will immediately terminate.
If this Agreement terminates, other than for your failure to comply, CudaSign will use commercially reasonable efforts to make your Data available for you by request only for a period of fifteen (15) calendar days. CudaSign has no obligation to provide you with a copy of your Data and may remove and discard any Data.
THE PRODUCTS AND ANY THIRD PARTY SOFTWARE AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. CudaSign 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.
YOU UNDERSTAND AND AGREE THAT YOU USE THE PRODUCT, AND ALL THIRD PARTY SOFTWARE OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE PRODUCT, AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR 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 TO YOU.
UNDER NO CIRCUMSTANCES SHALL CudaSign, 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 COPY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
WITHOUT LIMITING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF CudaSign, 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 CudaSign OR (ii) THE AMOUNT PAID BY YOU FOR COPY 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 TO YOU.
You acknowledge and agree that the Product that is the subject of this Agreement, may be controlled for export purposes. You agree to comply with all United States export laws and regulations. You assume sole responsibility for any required export approval and/or licenses and all related costs and for the violation of any United States export law or regulation. If you are located in a country subject to embargo by the United States government, you are not entitled to use CudaSign.
"FERPA" means the Family Educational Rights and Privacy Act (20 U.S.C. 1232g) and the Family Educational Rights and Privacy Act Regulations (34 CFR Part 99), as amended or otherwise modified from time to time.
The parties acknowledge that (a) customer data may include personally identifiable information from education records that are subject to FERPA (³FERPA Records²); and (b) to the extent that customer data includes FERPA Records, Barracuda will be considered a School Official² (as that term is used in FERPA and its implementing regulations) and will comply with FERPA.
THESE TERMS AND THE USE OF THE PRODUCT AND SOFTWARE WILL BE GOVERNED BY CALIFORNIA LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PRODUCT OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SANTA CLARA COUNTY, CALIFORNIA, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE.
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.
You may not assign or transfer any of your rights or obligations under this Agreement. Barracuda Networks may freely assign its rights and obligations and this Agreement. Any attempted assignment or transfer in violation of the foregoing will be void.
All inquiries to CudaSign about the Terms should be made by emailing email@example.com.
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.
** 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.