terms of service
 

The Adrive services are made available to You subject to the following terms and conditions. If You disagree with one or more of these terms, You must discontinue Your use of the Adrive services.

A. Definitions.
As used in this Agreement, certain terms used herein shall have the following meanings:
1.  Adrive: Adrive LLC and its successors, assignees, agents, distributors, dealers and licensees.
2.  Agreement: These Terms of Use, Adrive's Privacy Policy, Adrive’s Billing Policy, Adrive's Copyright Infringement Policy below and any and all additional agreements, policies or amendments in place between You and Adrive governing Your use of Adrive's services.
3.  Storage Data:The electronic data, including, but not limited to, sound recordings, audiovisual works, musical works, artwork, Phonorecords, photographs, documents, software, and other graphical or textual material embodying Your works and any descriptions, titles, captions and other identifying characteristics You or others attribute thereto, stored on Adrive at Your request.
4.  User: Any individual, group or entity accessing Adrive's services and/or utilizing one or more of Adrive's services to store, transfer, share or receive Storage Data. Users are either Free Users or Commercial Users as defined below.
5.  You, Your, Yours: The person who is over the age of 18, and the minor(s), individual(s), group(s), entity(ies) or other association(s), individually and as a whole, and their agents, successors and assignees, on whose behalf that person has entered this Agreement with Adrive and for whom Adrive has established an account.

B. Terms and Conditions.
1.  Adrive Services. Adrive provides a service that enables You to store, transfer, share and receive Storage Data online. Adrive is not Your agent nor of any other party designated by You, nor is Adrive a direct party to any Transaction. You and Adrive act independently in all Transactions, and no agency, partnership, joint venture, trust, employer/employee, or franchiser/franchisee relationship is intended or created by this Agreement or by Your use of Adrive's services. The standard Adrive Services are available for Your personal home use only at no charge up to the storage limits set forth by Adrive from time to time. The standard Adrive services are intended for use only by individuals seeking to back-up or store their personal data. Any entities seeking to use the Adrive Services or individuals wanting to use the Adrive Services for commercial purposes may do so only by signing up to be an authorized commercial User and have paid the applicable fees (“Commercial User(s)”).
2.   Commercial Users/Subscription Plans. You agree to pay the applicable fees and charges for any storage plans You purchase from Adrive. All charges are nonrefundable. You must select one of the payment methods made available to You. Your account will be charged the applicable fees and charges monthly or annually in advance as applicable to the subscription plan You have chosen. You agree to allow Adrive to place Your account on a recurring payment plan. You must give us accurate billing and payment information and keep this information up-to-date by going to the "Support" area on Adrive. Incomplete, incorrect or questionable signup information will be rejected and You will be unable to open an account. You agree to pay us for all charges incurred under Your account, including all applicable taxes, fees and surcharges. You authorize us to charge Your designated payment method for these charges and to retain information about the payment method associated with Your account. If we do not receive payment from Your designated payment method, You agree to pay all amounts due upon demand by us. We may, in our discretion, post charges to Your payment method individually or may aggregate Your charges with other purchases You make from us. Every time You make a purchase or use Adrive, You reaffirm that (i) Adrive is authorized to charge Your designated payment method; (ii) Adrive may submit charges incurred under Your account for payment; and (iii) You will be responsible for such charges, even if Your subscription is canceled or terminated. You are responsible for all charges incurred under Your account made by You or anyone who uses Your account. Adrive will automatically charge Your payment method for Your monthly service charges, and any applicable fees and taxes, after the last day of the billing period. After 30 days from the date of any unpaid charges, Your account will be deemed delinquent and we may terminate or suspend Your account for nonpayment. We reserves the right to assess an additional 1.5 percent (or the highest amount allowed by law, whichever is lower) per month late charge if Your payment is more than 30 days past due and to use alternate means to collect any unpaid charges. You are liable for any fees, including attorney and collection fees incurred by us in our efforts to collect any remaining balances from You. You must notify us at billing@adrive.com about any billing problems or discrepancies within 60 days after they first appear on the statement You receive from Your bank or credit card company. If You do not bring such problems or discrepancies to our attention within 60 days, You agree that You waive the right to dispute such problems or discrepancies. Adrive will remove and destroy any Storage Data of any Commercial User whose account has been deemed delinquent. You may cancel Your Commercial User account by notifying Adrive of your desire to terminate. Your account will be terminated effective at the end of the currently monthly billing cycle. Adrive reserves the right to terminate any and all Commercial User accounts at any time, with or without notice or cause. If Adrive terminates your account for any reason other than a violation by You of these Terms of Service, Adrive will refund you any amounts prepaid by you on a prorata basis for the remainder of the existing month or year on Your account.
3.  Your Identity. You agree to provide Adrive with accurate, timely information about Yourself and/or the minor over the age of 13 on whose behalf You are entering this Agreement, and update Your contact data such that it remains current. You will not provide Adrive with false information about Your identity, impersonate another person or entity, or otherwise misrepresent Your identity or affiliation to Adrive. Adrive will use that information only in a manner consistent with that disclosed in Adrive's Privacy Policy, which is incorporated into this Agreement by reference. Your failure to comply with this provision automatically nullifies any obligation Adrive may have to contact You or provide You with any notice required by this Agreement or by law.
4.  Authority.You represent and warrant that (1) You are over the age of 18; (2) You have full right and power to enter into and perform this Agreement, and have secured all third party consents necessary to enter into this Agreement; and (3) if You are establishing an account on behalf of a minor or if any contribution to Your Storage Data is from a minor, You have the legal right to execute this Agreement on behalf of the minor and guarantee such minor's performance of the terms of this Agreement. These warranties shall survive any termination of this agreement. You agree to indemnify and hold Adrive and its Users harmless from any and all damages and costs, including reasonable attorney's fees, arising out of or related to Your breach of the representations and warranties described herein. You agree to execute and deliver documents to Adrive, upon Adrive's reasonable request, that evidence or effectuate Adrive's rights under this Agreement.
5.  Access to Adrive Services. You are solely responsible for maintaining the confidentiality of Your password and any additional identifying information required for Your use of Adrive's services. You may not share Your account with other people. Please keep Your password private. You must immediately notify Adrive if You become aware of any loss, theft, or unauthorized use of Your password or of any other unauthorized use of any User's account information, contact data, Storage Data or Adrive's services. Adrive does not guarantee the security of any information transmitted to or from Adrive. You are solely responsible for all Storage Data and other information stored, transferred, and received under Your username and password including, but not limited to, sole responsibility for completing transactions initiated under Your username and password. If You lose control of Your password, You may be subject to legally binding actions taken on Your behalf. You are solely responsible for the accuracy and appropriateness of the Storage Data maintained under Your username and password; for ensuring that Storage Data posted or distributed under Your username and password does not violate or infringe this Agreement or upon the rights of any third party (including, without limitation, copyrights, trademarks, privacy or other personal or proprietary rights); and for ensuring that Storage Data maintained under Your username and password are not illegal or obscene. Adrive disclaims any and all liability for such matters, and, to the fullest extent permitted by law.
6.  Review of Storage Data.Although Adrive does not regularly monitor the use of its services by any particular user, it reserves the right to do so if Adrive, in its sole discretion, determines there may be misuse as defined by the terms of this Agreement. Adrive may monitor Your access, use, files and/or Storage Data to detect signs of misuse. Adrive will not knowingly tolerate the use of its services for illegal or other injurious or damaging activities. If Adrive believes, in its sole and absolute discretion, that You may be engaging in or in any way connected with any unlawful or improper activity, Adrive may disclose its user files and Storage Data to law enforcement or any other authority Adrive deems proper. Adrive may, in its sole discretion, remove, reclassify, recategorize, or block Your access to all or any part of Adrive's services or to any particular Storage Data at any time for any reason, or for no reason at all. Without limiting the foregoing, Adrive reserves its right to remove any Storage Data if (a) it decides, in its sole discretion, that the Storage Data may breach any of Your obligations, representations, or warranties hereunder, (b) Adrive is advised of a court order, subpoena or notice under the Digital Millennium Copyright Act ("DMCA") requiring removal of the Storage Data or any similar rule or regular of any other jurisdiction, (c) Adrive determines, in its sole and absolute discretion, that continued availability of the Storage Data may lead to Adrive becoming party to a claim, lawsuit, affirmative defense, or any liability of any kind.
7.  Maintenance of Storage Data. Adrive shall have no responsibility for and does not guarantee the integrity, completeness or availability of Storage Data residing on Adrive's equipment. You are responsible for independent backup of Storage Data stored using Adrive's services. You agree to assume all risk of loss of such data. You agree to defend, indemnify and hold Adrive harmless for any loss of data, whether on Your equipment or through Adrive's services, arising out of or resulting from use of Adrive's services, including use of software provided by Adrive, if any. Adrive may, but shall not be required to, delete Your Storage Data after the termination of this Agreement.
8.  Back-up Software License. Adrive grants You a personal, non-exclusive, non-transferable, limited and revocable license to use the Adrive provided back-up software (“Back-Up Software”) for Your own use and provided that You comply and remain in compliance with this Agreement and the terms of the End User License Agreement accompanying the Back-Up Software. You may not circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Back-Up Software. Your license terminates immediately upon cancellation or termination of Your Adrive account or if we believe You are in violation of this Agreement. Unless provided otherwise in a separate license agreement, the Back-Up Software may be installed on any single computer or device from which You wish to access and use Adrive. You may not (a) sell or redistribute the Back-Up Software, (b) incorporate any aspect of the Back-Up Software into another product, or (c) reverse engineer, decompile or disassemble the Back-Up Software or otherwise attempt to derive the source code of the Back-Up Software (except where expressly permitted by law). You may not modify, adapt or create derivative works from the Back-Up Software in any way or remove proprietary notices posted on the Back-Up Software. You may access Adrive only through the software, interfaces and protocols provided or authorized by Adrive. Also, You may not authorize or assist any third party to do any of the things prohibited in this paragraph. Any rights not specifically licensed to You for the Back-Up Software are reserved by the owner of the rights in the Back-Up Software. We may automatically check Your version of the Back-Up software. We may automatically update the Back-Up Software on Your computer to improve the performance and capabilities of such software. If You shut down the Back-Up software during an automatic update or otherwise interfere with the installation of the update, the Back-Up Software or Storage Data may be damaged and/or cease to operate. Your license will end on the date Your Adrive Service ends. Your license will also end if we modify the Adrive Services in a way that no longer supports the Back-Up Software. The Back-Up Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 27.405(b) (2) (June 1998) and 48 C.F.R. 227.7202, all U.S. Government end users acquire the Software with only those rights as set forth herein. We are under no obligation to provide You with any error corrections, updates, upgrades, bug fixes and/or enhancements to the Back-Up Software, although we may do so in our sole discretion.
9.  Site Restrictions. You will not attempt to gain access to Adrive's private system areas or to other areas to which You are not expressly permitted access and You shall not reverse engineer or attempt to reverse engineer any portion of Adrive's services. You may not attempt to circumvent free trial account restrictions including by (a) creating additional user accounts, by including files with an invalid or disguised file format, (b) encryption, or (c) steganography. You may not upload files with an invalid extension or in an invalid format for the purpose of circumventing Adrive's rules. All files that do not match their file extension or type may be deleted by Adrive. Adrive will prosecute those who illegally threaten the system or its services. You agree that if any of Your activities conducted in violation of this Agreement are found to disrupt or damage Adrive's hardware, software, system or their functions, You will reimburse Adrive for system administration costs incurred in repairing the affected systems as well as direct and consequential damages incurred by Adrive arising out of Your activities.
10.  Prohibited Storage Data. You shall not use Adrive's services to transmit, transfer or convey Storage Data that might be illegal or otherwise damaging to Adrive, its users, or others. Specifically, You agree that, and represent and warrant that, no Storage Data (or any portion thereof) provided by You, on Your behalf, with Your username and password shall:
- Infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- Divulge information that You do not have a right to divulge due to a contractual, fiduciary, or privileged relationship;
- Violate any state or United States law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- Be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
- Be false, inaccurate or misleading;
- Be fraudulent or incorporate counterfeit or stolen items or property;
- Promote physical harm or injury or otherwise advocate violence against or unreasonable hostility toward people or groups based on their race, religion, national origin, sexual orientation, gender, or disability;
- Instruct, aid, abet, or promote any illegal activity including, without limitation, instructions on constructing explosive or incendiary devices; growing or producing controlled substances, or counterfeiting currency, passports, drivers. licenses, etc;
- Contain child pornography. It is a federal crime to buy or sell child pornography as defined in United States Code, Title 18, Chapter 110 - Sexual Exploitation and Other Abuse of Children. ANY CONTENT THAT Adrive CONSTRUES AS CHILD PORNOGRAPHY WILL BE IMMEDIATELY FORWARDED TO THE PROPER AUTHORITIES.
- Contain any viruses, Trojan Horses, Worms, Time Bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Provide advice for which any jurisdiction requires a professional license to disseminate including, but not limited to, legal, or medical advice;
- Create liability for Adrive or cause Adrive to lose (in whole or in part) the services of its advertisers, service providers or suppliers; or
- Link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement
This Prohibited Storage Data policy precludes the use of Adrive's services to transmit, transfer or receive electronic or other data that comprises or depicts any of the foregoing, as well as similar Storage Data. You are responsible for complying with the rules, terms and conditions outlined in the User Agreement and this Prohibited Storage Data policy. If You have any questions as to if any particular Storage Data is prohibited, please contact Adrive at legal@adrive.com.
11.  Anti-Spamming Policy. You agree that You will not collect personal information about other Users and will not send mass, unsolicited electronic mailings, chain letters, or "pyramid schemes" to Adrive's Users. You shall not use Adrive's services for advertising or promotion of a commercial product or service that is not available through Adrive's services.
12.  Export Controls. No Storage Data shall be acquired by or otherwise exported or re-exported into (or by or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria, Sudan or any other country to which the U.S. has embargoed goods; or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals and Blocked Persons or the U.S. Commerce Department's Table of Denial Orders. As a Storage Data Recipient and/or User, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country or on any such list.
13.  Parental Control Protections. Adrive does not routinely audit the Storage Data provided by Users of its services and strongly encourages the use of parental control protections (such as computer hardware, software, or filtering services) that are commercially available and may assist in limiting access to Storage Data that may be harmful to or inappropriate for minors.
14.  Non-Assignability. You may not assign, transfer, or delegate this Agreement, Your duties and obligations under this Agreement, Your benefits under this Agreement, or Your Adrive account to anyone without the express written consent of Adrive. Upon reasonable notice to You, Adrive may assign or transfer this Agreement at its sole discretion.
15.  DISCLAIMER OF WARRANTIES. ADRIVE'S SERVICES AND MATERIALS AND THIRD PARTY CONTENT ACCESSIBLE IN CONNECTION THEREWITH ARE PROVIDED "AS IS" AND "AS AVAILABLE", AND, EXCEPT AS EXPRESSLY PROVIDED HEREIN, WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ADRIVE DISCLAIMS ALL SUCH WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Without limiting the generality of the foregoing, Adrive does not warrant that the functions and/or services of Adrive-related services, Storage Data, hardware, sites, software, data or other material will be uninterrupted or error-free, or that defects will be detected or corrected; neither Adrive nor any third party Storage Data provider warrants that any service, software, Storage Data or the methods by which they are made available will be free of viruses or similar contamination or destructive features. You expressly agree to solely assume the entire risk as to the quality and performance of Adrive's services and the accuracy or completeness of Storage Data. Adrive does not warrant or make any representations regarding the use or the results of the use of its services, software, Storage Data, the materials, functions, data or services in or provided by Adrive, its affiliates or its Users in terms of accuracy, reliability, or otherwise. You expressly agree to assume the entire cost of all necessary servicing, repair, correction and related liabilities resulting from Your use of Adrive's services. If applicable law does not allow the exclusion of implied warranties, certain of the above exclusion may not apply to You.
16.  LIMITATION OF LIABILITY. YOU AGREE THAT, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, UNDER NO CIRCUMSTANCES, INCLUDING (BUT NOT LIMITED TO) NEGLIGENCE, SHALL ADRIVE BE LIABLE FOR ANY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DIRECT, ACTUAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT RELATE TO OR RESULT FROM THE USE OF, THE INABILITY TO USE, OR THE CORRUPTION OF STORAGE DATA, OR OTHER DATA STORED ON, STORED IN, RETRIEVED FROM, ACQUIRED, TRANSMITTED OR TRANSFERRED THROUGH ADRIVE'S SERVICES, EVEN IF ADRIVE OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ADRIVE'S AGGREGATE LIABILITY TO YOU ANY USER DESIGNATED BY YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE GREATER OF U.S. $100 OR THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESSING THIS SITE. If applicable law does not allow the limitation or exclusion of liability or incidental or consequential damages, certain of the above limitations or exclusions may not apply to You.
17.  Indemnification. You agree to defend, indemnify and hold Adrive and its agents, employees, consultants, representatives and/or assignees harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including, but not limited to, attorneys fees and costs through appeal) relating to, arising out of or resulting from, in whole or in part, any acts or omissions by You, Your Storage Data, materials or information stored, transmitted or received by or for You, that in any way relate to Adrive or Adrive's Services.
18.  Termination for Convenience. Adrive reserves the right to change, suspend or discontinue all or any aspect of its services made available to You or others at any time, including the availability of any feature, Storage Data, without prior notice or liability to You. Either party may terminate this Agreement at any time for any reason or for no reason by sending notice of termination to the other party. You expressly waive and release Adrive from any and all claims You may have against Adrive arising out of or related to any such termination.
19.  Termination for Cause. Adrive may terminate this Agreement if You submit false or misleading information to Adrive, if You breach any provisions of this Agreement, or violate any laws, including the Digital Millennium Copyright Act of 1998. Upon termination for cause, You will no longer have the right to access Adrive's services and You will be precluded from accessing Adrive's services in the future. Adrive expressly reserves any and all additional rights and remedies it may have against You including, but not limited to, claims for breach of contract.
20.  Choice of Law and Venue. Adrive's services are managed from its offices within the State of California, United States of America. Adrive makes no representation that its services are appropriate or available for use in other locations. If You choose to access this site from other locations, You do so on Your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. All matters with respect to this Agreement, including, without limitation, matters of validity, construction, effect and performance shall be governed by the internal laws of the State of California applicable to contracts made and to be performed therein between the residents thereof (regardless of the laws that might otherwise be applicable under principles of conflicts of law). Any action or proceeding related to the subject matter of this Agreement shall be venued in San Francisco, California. You hereby agree to submit to personal jurisdiction in the federal and state courts located in San Francisco, California. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
21.  Severability.If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement may not be amended unless the CEO of Adrive has approved and signed such an amendment in writing. Non-enforcement of any section of this Agreement does not constitute consent or waiver and Adrive reserves the right to enforce any provision of this Agreement at its sole discretion.
22.  Incorporation. The terms of this Agreement supercede any prior representations made by Adrive or negotiations between You and Adrive and is the entire agreement between the parties relating to the subject matter contained herein.
23.  Modifications. Adrive may from time to time amend the terms and conditions of this Agreement. At the time of any such change, You will be notified of the modified terms and conditions. Continued use of Adrive's services after the effective date of the notification shall constitute acceptance of the changed Agreement.
24.  Time Limitation on Claims. Regardless of any statute or law to the contrary, any claim, cause of action, or demand for arbitration against Adrive arising out of or related to this Agreement or use of Adrive's services must be filed within six months of the date upon which You were or should have first been aware of the existence of the grounds for Your claim or cause of action.
25.  Arbitration. Any dispute between You and Adrive relating to this Agreement, Storage Data or Adrive's services, hardware or software shall be resolved by binding arbitration pursuant to the commercial rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California, and any judgment on the arbitration award may be entered in any court having jurisdiction thereof.
26.  Notice. Legal notice to Adrive must be delivered to:
Legal Notice
Adrive LLC
PO Box 99530
Emeryville, CA 94662
legal@adrive.com

Any notice to You required by law or under this Agreement will be effectuated by Adrive posting notice on its site in a designated area and via electronic mail (e-mail) to the address on file with Adrive (if any).
27.  Reporting Violations of this Agreement. Violations of the terms of this Agreement or similar agreements should be reported to Adrive at legal@adrive.com. To report potentially infringing use of copyrighted material, please refer to Adrive's Copyright Infringement Policy.
28.  Entire Agreement. You represent that You have carefully read this Agreement, that You understand its contents, and that You have had an opportunity to seek independent legal advice with respect to the review and advisability of entering into this Agreement. Should You have any questions concerning this Agreement, please contact legal@adrive.com.

C. Policy against copyright infringement.
1.  Non-Infringement. To protect copyright owners, Adrive's users, Adrive has a strict policy against the infringement of others' intellectual property rights. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights and a violation of United States and international laws. Although Adrive will enforce its policies to the extent technically feasible, some Storage Data may have been created or distributed without proper authorization. As a condition to continued use of Adrive's services as well as a condition precedent to Your obtaining a valid license to use any Storage Data, You agree that You will not infringe the intellectual property rights of others in any way. Adrive will terminate the account of any User whom Adrive has found to violate its policy against intellectual property infringement.
2.  Remedies. Adrive may unilaterally terminate Your use of its services upon any single act of infringement consummated through the use of Adrive's services or if Adrive determines Your use of its services is harmful to the interests of Adrive or others. Adrive will respond expeditiously to all claims of copyright infringement that meet certain minimum requirements. If, as described below, Adrive obtains sufficient knowledge of Storage Data containing potentially infringing material or receives sufficient written notice of such Storage Data being shared through use of Adrive's services, Adrive will act expeditiously to remove or disable access to such files in accordance with 17 U.S.C. 512(d)(1). In addition, Adrive will fully comply with the requirements of the Digital Millennium Copyright Act (DMCA) to remove or disable access to all such Storage Data.
Your Storage Data and access to Adrive's services will be permanently disabled and/or terminated if Your use of Adrive's services is the subject of two or more signed complaints by or on behalf of a single copyright owner; if Adrive has disabled on five or more occasions, for any reason, Storage Data You have designated for sharing; or if You attempt to re-post Storage Data that Adrive has disabled without Adrive's written consent. If You are subsequently found to have not violated Adrive's policies, other's rights, or any law, Adrive, at its sole discretion, may reinstate Your account upon receipt of proof of the applicable findings.
3.  Procedure for notifying Adrive of copyright infringement claims: In accordance with the Digital Millennium Copyright Act ("DMCA"), copyright owners, or persons authorized to act on behalf of owners who believe specific Storage Data may infringe any exclusive right(s) of the copyright owner should notify Adrive's designated agent in the following manner:
4.  Notices Must Be in Writing: Adrive must obtain all required information in writing in the form of a 'Notice of Copyright Infringement' ("Notice"). Telephonic, verbal or other non-written communications are insufficient under Adrive's policies and do not meet the requirements of the DMCA.
5.  Requirements of Notice: Notice to Adrive must include the following information:
1. Identification of the copyrighted work that You claim has been infringed, or, if multiple copyrighted works are covered in the Notice, a representative list of the copyrighted works that You claim have been infringed using Adrive's services;
2. Identification of Storage Data, material or activity that You claim is infringing, that is to be removed or access to which is to be disabled. Such identification must contain information sufficient to permit Adrive to locate that Storage Data;
3. Your street and mailing address, telephone number and, if available, Your electronic mail address;
4. A statement by You that You have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use);
5. A statement by You, made under penalty of perjury, that all the information in Your Notice is accurate and that You are the copyright owner, or authorized to act on behalf of an owner of any exclusive right that is allegedly infringed by the materials referenced in Your Notice.
6.  Notices Must be Signed: The written notice must be signed by the physical or electronic signature of the copyright owner or of a person authorized to act on behalf of an owner of any exclusive right(s) that are allegedly infringed by the materials referenced in the Notice.
7.  Delivery to Designated Agent: The Notice must be addressed and delivered via U.S. Mail, Express Mail, or Courier to Adrive's Designated Copyright Agent, as follows:

General Counsel
Adrive LLC
PO Box 99530
Emeryville, CA 94662
legal@adrive.com

Version 2.0 June 2, 2008