Terms of Use
ExtraAccess Services, Inc., a Delaware Corporation, d.b.a. CaseHomePage, hereinafter referred to as CaseHomePage, shall provide service (the “Service”) to you under the terms expressed herein.
  1. The Service: Upon acceptance of this agreement (“the Agreement”), you are entitled to use the CaseHomePage system, including file storage, file sharing, file retrieving, and other services generally available on www.casehomepage.com.
  2. Modification of Service or Charges and Termination: You acknowledge that CaseHomePage may modify the Service and its contents and functionality, or the monthly charges or other fees at any time upon written notice to the subscribers. Your continued access and use of the Service after such amendments shall constitute your acceptance of the Agreement. CaseHomePage reserves the right at any time to restrict the Service for failure to pay invoiced charges after a delinquency period of more than thirty (30) days. Fees will continue to accrue during the period of time that the restriction is in effect. The delinquent account must be brought current before the restriction will be removed. CaseHomePage may require a valid credit card to be kept on file for future charges and an administrative fee may apply. If your account has been restricted for failure to pay, you will be deemed (a) served any documents posted on the Web Site during the period of restriction and (b) on notice of all Bulletin Board items posted during the period of restriction.
  3. Monitoring: You are responsible for ensuring that the storage and use of the content placed by you onto the website does not violate any laws. You represent and warrant that you will not perform any Prohibited Acts as defined in Section 6 of this Agreement.
  4. Ownership of User Data: You or your co-subscribers are the sole owners of the files and/or data (“digital content”), and are the sole responsible parties for that data. While you or your co-subscribers are sole owners of the digital content, CaseHomePage retains ownership of the storage media that house the digital content. CaseHomePage reserves the right to copy, relocate, back up, and remove user data from our system. User registration information collected in aggregate form is the property of CaseHomePage.
  5. User Privacy: CaseHomePage endeavors to keep all user files and stored data private, viewable only by you or your co-subscribers, and the persons or communities to whom you address it, except, as system operators, we may need to look at your digital content to protect ourselves or others from injury or damage, and to administer the organization and content of your account. CaseHomePage is not responsible for third-party disclosures of private and/or secret information.
  6. Prohibited Acts: The Service may be accessed and used only for lawful purposes. You agree not to transmit, distribute, or store any information, data or other material in violation of any applicable law, regulation, ordinance or other rule imposed by any local, state, or federal governmental authority, or any foreign governmental authority. You represent and warrant that any materials that you upload, transmit, store, access or copy to or from the System: shall not be fraudulent; shall not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity of privacy; shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; shall not be obscene; shall not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; shall not be junk mail, spam, chain letters, or other unsolicited bulk e-mail, commercial or otherwise; shall not interfere with anyone’s use and enjoyment of the Service. CaseHomePage reserves the right to take appropriate action, including without limitation, immediately suspending or terminating access to the Service.
  7. Account Security and Passwords: You agree that you are the only person responsible for your password. You further agree not to share your password with any parties that are not authorized subscribers.
  8. WarrantiesCaseHomePage is providing the Service on an “as is” and “where is” basis and makes no representations or warranties of any kind, express, implied or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement of third party rights, with respect to the Service. You assume all risks associated with participation in the Service, including but not limited to the risk that your data will be lost, destroyed, deleted, not forwarded or not retrieved, or that the Service will be inaccessible from time-to-time, or that the Service will expose your files, hardware or software to damage caused by any third party software, a computer virus, or other outside interference with files or equipment. If disclaimers of warranties are not allowed in your jurisdiction, this exclusion shall apply to the full extent of the law so allowed.
  9. Consequential Damages: CaseHomePage shall not be liable to you or any other party claiming through you for any damages suffered as a result of any claim arising out of or related to the Service or its contents. In no event shall CaseHomePage be liable for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages (including loss of data, revenue, profits, use or other economic advantage) arising, whether for breach or in tort or otherwise, even if CaseHomePage has been previously advised of the possibility of such damage. CaseHomePage is not responsible for your files residing on CaseHomePage equipment. You are responsible for independent backup of data stored at CaseHomePage. You assume all risk of loss of such data and you explicitly relieve CaseHomePage of any responsibility for such data loss. You hold CaseHomePage harmless from any loss of data arising from your use of the Service, including use of software provided by CaseHomePageCaseHomePage strongly advises all of its clients and customers to back up their data on a regular, if not infrequent, basis. Due to the public nature of the Internet, all electronic mail is considered publicly accessible and important information should be treated carefully. Because CaseHomePage does not control the content of such transmission, you release CaseHomePage (and its officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
  10. Indemnification: You agree to indemnify, defend, and hold harmless CaseHomePage, its officers, directors, employees, representatives, successors and assigns from any and all claims, damages, losses, liabilities, costs and expenses (including reasonable attorney’s fees which shall include a reasonable allocation for in-house counsel fees) incurred by them as a result of any breach or allegation which would constitute a breach of any of your obligations or warranties hereunder or an infringement of any intellectual property rights of any third party.
  11. Third Party Information: CaseHomePage may contain links to certain third parties’ websites that are not related to CaseHomePage, or that are not under CaseHomePage‘s control, and CaseHomePage does not assume any responsibility or liability for any communications or materials available at such linked websites. CaseHomePage does not intend links on the websites to be referrals or endorsements of the linked entities; they are provided for convenience only.
  12. Limit of Liability: CaseHomePage‘s liability to you or any third parties in any circumstances is limited to the greater of (a) the amount of fees you paid to CaseHomePage in the 12 months prior to the action giving rise to liability, or (b) one hundred dollars ($100). Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
  13. Commercial Use: Unless you receive the express prior written consent of CaseHomePage, the Service is for personal noncommercial use only, and any commercial use of the Service is expressly prohibited. A violation of this provision will result in the suspension or termination of your account.
  14. General ProvisionsCaseHomePage will not be liable for any failure to perform any obligation under this Agreement which is due to circumstances beyond its reasonable control, including without limitation, fire, flood, Internet or other telecommunications outages, earthquakes or analogous catastrophes, whether natural or otherwise. Regular business hours of CaseHomePage are 8:30 AM – 7:30 PM PT. Documents uploaded after 7:30 PM PT may be posted on the next business day, but will indicate the date they were received. You agree to submit to the non-exclusive personal jurisdiction of the state and federal courts in San Francisco, California and agree to waive any objection to venue in such courts. This agreement is governed by California law (without regard to conflicts of law), and this electronic document may be submitted as evidence of the parties’ intentions and obligations in any dispute resolution process. Notwithstanding the foregoing, either party may seek interim or injunctive relief in any court of competent jurisdiction to protect its intellectual property. The prevailing party in any legal proceeding will be entitled to recover any and all reasonable legal fees and related expenses. If any part of this Agreement is held to be unenforceable, the remainder of the Agreement will continue in force, and will be construed as nearly as possible to reflect the original intent of the parties. No waiver will be valid unless in writing and signed by both parties. This is the entire agreement between you and CaseHomePage on the subject of your use of the Service, and supersedes all prior or collateral agreements, negotiations or understandings, if any.