Sending Technology Solutions Terms
Pitney Bowes Enhanced Support Services Product Terms
(Last modified October 30, 2017)
The Services may include an online storage and backup account in your name (the "Customer Account") to receive, via the Internet, and store your files (the "Customer Files"). The Services include materials related to the Services such as software, database files, operating instructions and user manuals, Pitney Bowes' proprietary programs and databases, and may include programs and databases developed by third parties and distributed under license by Pitney Bowes (collectively, “Licensed End-User Materials”). The size of Customer Account will be limited to 5 Gigabytes. If you exceed that amount of storage, you’ll pay an overage charge at Pitney Bowes’ then current billing rate for the overages. In addition, you’ll choose an Encryption Key and Password for use in connection with the Services and for access to Customer Files. The Licensed End-User Materials will be designed to permit access to Customer Files only with a valid Encryption Key and Password. Pitney Bowes will have the right to block or suspend your access to the Licensed End-User Materials or the Services as Pitney Bowes may, in its reasonable discretion, deem necessary to preserve the security and integrity of the Licensed End-User Materials and the Services, including, without limitation, upon any of the following circumstances: (i) full or partial failure of the Licensed End-User Materials or the Services, (ii) a breach in the security of the Licensed End-User Materials or the Services, or (iii) a breach by you of any of your obligations under these terms. You and your end-users won’t use the Services and Licensed End-User Materials to process and/or store the data of any person, firm, entity or association other than your own data.
Ownership and Use
You may make a single copy of the Licensed End-User Materials for back-up or archival purposes only. You must reproduce all copyright notices on any copy, in whole or in part, of the Licensed EndUser Materials. The original and any copies of the Licensed End-User Materials, in whole or in part, which are made by you will be the property of Pitney Bowes and governed by these terms and the Agreement. Pitney Bowes doesn’t own the media on which the Licensed End-User Materials are recorded.
You acknowledge and agree that Pitney Bowes or its licensors own and retain all rights, title, and interest in and to the Licensed End-User Materials, express or implied, regardless of the form or media in or on which the original or other copies may subsequently exist including, without limitation, all related copyrights, trademarks, patents and trade secret rights.
All Customer Files are and will remain your exclusive property. You’ll retain all right and title in and to the Customer Files, including any proprietary rights in the Customer Files. Pitney Bowes won’t transfer, sell, disclose, license, alter or otherwise use the Customer Files other than to provide the Services as contemplated by these terms and the Agreement. Pitney Bowes will have the right to make copies of Customer Files stored in connection with the Services, however, Pitney Bowes isn’t obligated to archive such copies and will use them only for backup purposes.
You’re responsible for preventing the misuse or misappropriation of any Encryption Key and Password and will maintain the confidentiality and security of any Encryption Key and Password. You’re solely responsible for any misuse or misappropriation of any Encryption Key or Password. YOU ACKNOWLEDGE THAT WITHOUT THE CORRECT ENCRYPTION KEY, CUSTOMER FILES WILL REMAIN ENCRYPTED AND INACCESSIBLE. PITNEY BOWES HAS NO LIABILITY FOR ANY DAMAGES SUFFERED DUE TO MISUSE, MISAPPROPRIATION, LOSS OR THEFT OF YOUR ENCRYPTION KEY AND PASSWORD. You bear all risk of loss of Customer Files while in transit to or from Pitney Bowes. Pitney Bowes isn’t responsible for any loss, theft, corruption or modification of Customer Files transmitted, stored, retrieved, viewed, used or otherwise provided in connection with the Licensed End-User Materials or the Services.
Upon the termination of the Agreement, you and each of your end-users will cease using the Services and Licensed End-User Materials and within thirty (30) days after termination return the Licensed EndUser Materials to Pitney Bowes or certify to Pitney Bowes that you have destroyed the Licensed EndUser Materials.
YOU UNDERSTAND THAT ALL CUSTOMER FILES STORED BY PITNEY BOWES UNDER THESE TERMS WILL BE DELETED ON OR AFTER SEVEN (7) DAYS FROM THE TERMINATION DATE OF THE AGREEMENT (THE "TERMINATION PERIOD"). YOU ACKNOWLEDGE THAT AFTER THE TERMINATION PERIOD, CUSTOMER FILES WILL NO LONGER BE ACCESSIBLE TO YOU.
Pitney Bowes warrants for a period of ninety (90) days from the date of delivery that the Services and Licensed End-User Materials will perform substantially in accordance with the user documentation. This warranty is void if the Services or Licensed End-User Materials fail to perform as a result of accident, misuse, or due to use with software programs or non-qualified databases of any party other than Pitney Bowes.
You represent and warrant that, at the time you provide any Customer Files to Pitney Bowes and at all times during which such Customer Files are stored in connection with the Services, you are the owner of all such Customer Files, and all confidential information contained therein, and have full authority to provide the Customer Files to Pitney Bowes as contemplated by these terms. You represent and warrant that no Customer Files infringe upon or violate any patent, copyright, trademark, trade secret or other proprietary right or any contractual right or privacy right of any third party.
Limitations of Remedies
Pitney Bowes' entire liability and your exclusive remedy will be re-performance of the Services (if possible) or the replacement of any Licensed End-User Materials not meeting the limited warranty described above. If Pitney Bowes is unable to re-perform the Services and/or deliver replacement Licensed End-User Materials, you may terminate the Agreement by returning the Licensed End-User Materials, and your fees will be refunded.