Terms & Agreement

This Membership Agreement sets forth the terms and conditions on which CameraFTP (a Division of Drive Headquarters, Inc., herein as "CameraFTP, "DriveHQ", or "We") offers products and services to registered users ("Member", "You" or "User") of CameraFTP Cloud Surveillance & Storage Service.

PLEASE READ THIS MEMBERSHIP AGREEMENT CAREFULLY BEFORE REGISTERING TO BECOME A MEMBER. YOU WILL BE REQUIRED TO ACCEPT THIS AGREEMENT IN ORDER TO BECOME A MEMBER.

1. Terms
The Membership Agreement is comprised of:
(a) All terms and conditions set forth herein;
(b) All operating rules and policies that are published on the Site from time to time;
(c) Legal notices and trademarks;
(d) The CameraFTP Privacy Policy.
In light of the evolving nature of cloud-based services, CameraFTP may post a notice on the Site, or broadcast messages through the Service, to inform you of changes to this Membership Agreement, the Service, or other matters of importance. Such posting or broadcast will constitute notice to you. Any amendment to the Membership Agreement shall be effective upon posting of the notice, or broadcast of the message. Your continued use of the Service after such notice or broadcast will reaffirm your agreement to be bound and to abide by this Membership Agreement as amended.

2. The Service
The term "Service" includes all functionality made available by CameraFTP on or through the Site. CameraFTP mainly offers cloud-based storage space for IP cameras and other security devices. CameraFTP may add to, delete from, or modify the Service. Unless explicitly stated otherwise, any new products, services, information, software or other features that augment or enhances the current Service, will be subject to this Membership Agreement.

3. Membership Requirements
In order to use the Service, you must be over the age of 13. You must first register as a Member. You agree to provide accurate information, as prompted by the registration form, including an accurate email address where you can be contacted. Each Member is allowed to have only one Membership. Membership is intended for personal or business use and is non-transferable. You must choose a password. You are responsible for any activity that occurs under your user ID. You agree to immediately notify CameraFTP of any unauthorized use of your user ID or other breach of security in relation to the Service. You may use the Service only for legitimate personal or business use.

4. Hardware and Bandwidth Requirements
Cloud surveillance and storage service requires at least one surveillance device. CameraFTP supports the FTP protocol and FTP over SSL. Most IP cameras are compatible with our service. It is Members' own responsibility to obtain a compatible IP camera or other surveillance device. Members may also use our Mobile Security Camera app or Virtual Security System software as an IP camera.

Uploading IP camera images or video clips to the cloud may require a lot of network bandwidth. High-speed Internet connection is required to use our service. Members must make sure to have enough bandwidth, esp. the upload bandwidth.

If you use Wi-Fi, you also need to make sure that all devices are within the Wi-Fi range and your Wi-Fi network is not congested. If you must place a camera in a location that is out of the Wi-Fi range, you can connect the camera to the router using an Ethernet cable, or a Wi-Fi range extender may also work.

CameraFTP shall not be responsible for any service issues caused by your own devices, your local network or not having enough network bandwidth.

5. Private Cameras; Shared or Published Cameras

"A Camera" is a folder on CameraFTP.com that contains the recorded data of your camera. "A Private Camera" is a folder on CameraFTP.com that you have not shared or published to other users. To access recorded data in a Member's private camera, the Member must log in with his/her CameraFTP username and password.

"A Shared or Published Camera" is a folder on CameraFTP.com that a Member has shared to certain people or published for everyone to access.

If you share or publish a camera, you must ensure that all recorded contents are appropriate for sharing or publishing. Additional download bytes might be required if you have a lot of users viewing your cameras or download the recorded data.

You agree not to transmit, upload, display, publish or distribute through any part of the Site, any camera data that:

(a) Contains scenes that you don't have complete right to monitor or record;

(b) Interferes with the privacy rights of any person, or impersonates any person;

(c) Uses materials of others that are protected by copyright, trademark or trade secrets, patent or other intellectual property law without the express permission of the author or owner;

(d) Violates anyone's copyright, moral rights, author's rights, trade secrets, trademark rights, patent, or other intellectual property or other rights;

6. Price and Payment
CameraFTP service price is dependent on the following parameters: (a) Recording type: Image recording or video recording; (b) Image / video resolution; (c) Retention days; (d) Motion-triggered recording or continuous recording; (e) Number of camera licenses. "Number of camera licenses" means the number of cameras that can be configured to upload data to CameraFTP servers.

After you order a subscription, please make sure your cameras are configured not to exceed the parameters of the order.

CameraFTP service is billed monthly or annually. If you ordered a subscription or multiple subscriptions, you are responsible to make service payments on time. CameraFTP offers 15-day grace period. If your account is past due for over 15 days, CameraFTP may apply a late fee of $10, or 1 month of your service fee, whichever is smaller. CameraFTP may also limit your service features.

In order to avoid service disruption, it is recommended using Automatic Debiting.

7. Service Upgrade, Downgrade, Cancelation and Refund Policy
CameraFTP offers free trial service or limited free service to Members. CameraFTP does not offer any technical support after free trial service expires. Free trial service or free service is limited to one camera license only. Users should try the free service first before ordering a subscription. CameraFTP does not offer refunds after a charge has been applied. Based on the circumstance, CameraFTP may offer service credits that can be used on both CameraFTP.com and DriveHQ.com.

If you need more camera licenses or need to configure cameras with higher parameters, you can order a new subscription. If you want to Upgrade / Downgrade an existing subscription, you can do so by logging on to www.CameraFTP.com. From the Subscribe page, click "Current Subscriptions" to see a list of subscription plans. You can select a plan to upgrade or downgrade. (Note the steps may change in the future)

To cancel a subscription, you can select a plan in the "Current Subscriptions" page, then click Cancel to cancel it. You must ensure that you have deleted your cameras online and that your cameras are re-configured not to connect to CameraFTP cloud servers. Otherwise, your cameras will still use CameraFTP server resources and your cancelation is not considered complete.

You shall cancel a subscription by yourself; CameraFTP support staff cannot help because you must delete your cameras and the recorded files, and reconfigure your cameras not to connect to CameraFTP servers.

8. Billing
CameraFTP service is billed monthly or annually. Ordering annual service may save you two months of service fees per year in some cases.

Ordering a new subscription does not automatically cancel an old subscription. The new subscription will be added to your existing subscriptions, and you will be charged for each subscription. You can cancel your old subscriptions online at any time.

Your monthly billing date is the day of month when you signed up a free account. Your billing date will not change regardless of the number of orders, cancelations or upgrades. If a subscription is not ordered on your billing date, then your first billing date will be in less than one month. CameraFTP will automatically apply a partial-month credit so you will not be overcharged.

To avoid service disruption, we recommend using Automatic Debiting. CameraFTP supports major credit cards and PayPal. We also support checks, bank wires and ACH if the payment amount is over $100.

9. License Grant and Intellectual Property Rights
CameraFTP will not assume any copyright or ownership of contents recorded or uploaded by members.

With respect to your Private Camera content, you grant CameraFTP and its contractors the right to access your Private Camera content only for customer support or improving site operations, and complying with applicable laws.

With respect to your Published Camera content, you grant CameraFTP the right for CameraFTP and third parties to access or view the portions of your Published Camera content. You can stop publishing any contents or delete your contents at any time.

You acknowledge and agree that certain technical processing or reformatting of your Camera Content may be required to improve system performance or for other technical reasons.

As between CameraFTP and you: you will own all your recorded data in all camera folders, whether you share / publish the camera or not. You can delete, stop sharing/publishing your cameras at any time;

CameraFTP owns all rights, title and interest (including all intellectual property rights) in and to the Site, the Service, the technology, information, documents, files, web pages and other product developed in connection with the Site or available on the Site.

You agree not to translate, reverse engineer, reverse compile, disassemble or create derivative works from software programming contained in the Site or the Service.

10. Member Profiles
Member Profiles are intended to be brief descriptions of Members' interest and contact information. Any information you place on your Member Profile is inaccessible to anyone visiting the Site, unless you have shared or published it. You agree not to attempt to hide your identity or represent yourself as someone else.

11. Responsibility for Private Camera contents
CameraFTP does not as a policy review or screen any image or video files uploaded to a private camera folder, unless we have sufficient reason to believe the account has been hacked or violates our service terms.

You are solely responsible for the Camera Content that you record to CameraFTP cloud storage. You agree not to use the Service for illegal purposes. Your use of the Service is subject to all applicable local, state, national and foreign laws and regulations, and international treaties.

You represent and warrant that (a) you have the right to enter into this Membership Agreement without any other approvals; (b) you have the right to monitor, record, upload, share, publish, and view the Camera contents linked to your CameraFTP user ID; (c) you have the right to grant the licenses granted herein; and (d) the use by CameraFTP of the rights that you grant CameraFTP in this Membership Agreement will not violate the rights of any third parties, including without limitation your employer and your clients.

12. Responsibility for Shared or Published Camera contents
You agree not to share or publish images / videos that:

(i) Contain or display any expression of bigotry, racism, or hatred, or is ethnically offensive, objectionable or inappropriate;
(ii) Is or might be perceived by CameraFTP or CameraFTP members or users, as defamatory, libelous, disparaging, obscene, pornographic, profane, threatening, abusive, deceptive, offensive, vulgar, ethnically offensive, objectionable or inappropriate, including nudity, adult content, illegal content, content of a sexual nature, and unacceptable language;
(iii) Is inconsistent with the values or the spirit of the CameraFTP Community, as determined by CameraFTP in its sole discretion;

13. Illegal Activities
It is CameraFTP's policy to report suspected illegal activities to law enforcement agencies and to cooperate fully with their investigations

14. Warranty, and Disclaimer of Warranty
The Service and the Site, including all content, products, services and information made available or accessed through the Site, are provided "AS IS", with no warranties of any kind. Uploading recorded data to CameraFTP cloud server is at your own risk and in your sole discretion. It is recommended to try our free service first before ordering a subscription plan.

CameraFTP makes no representation or warranty of any kind

(a) that the Site or Service will meet your requirements;

(b) that defects in the software for the Service will be corrected;

(d) that the Service or any content, product, services or information on the Site are accurate, correct, reliable or complete;

(e) that recorded camera data will be available for access or download at all times or indefinitely;

CameraFTP expressly disclaims all warranties of any kind, whether express or implied, including but not limited to any warranty of merchantability, fitness for a particular purpose or non-infringement of any products, content, information or service published on, or available through the Site or the Service.

Some jurisdictions do not allow the exclusion of certain warranties, if so, some of the above exclusions may not apply to you.

15. Disclaimer of Damages; Limitation of Liability
Even if CameraFTP, or any of its authorized representatives have been advised of the possibility of such damages, under no circumstances (including but not limited to CameraFTP's negligence), shall CameraFTP be liable for any direct, indirect, consequential, incidental, special or punitive damages for any claim, loss and/or causes of action, whether in contract, tort (including but not limited to negligence) or otherwise. related to:

(a) the quality, reliability, accuracy, completeness, security, of the Service;

(b) any modification, publication, display, deletion, failure to store, failure to delete, loss of access that result from your use of the Site or the Service;

(c) any harm, errors, omissions, cost, losses, or damages arising from the use of, or inability to use (whether because of interruption, suspension, termination or otherwise) of the Site or the Service.

(d) any failures, delays, misdeliveries, or interruptions in the Service;

(f) any unauthorized access to or alteration of recorded data; or

(g) the cost of procurement of any substitute goods or services.

Some jurisdictions do not allow the exclusion or limitation of consequential or incidental damages, and therefore, the above limitation may not apply to you. Some Members may have additional rights.

If, despite the above limitations, CameraFTP were found responsible to a Customer for any reason whatsoever, this liability shall not exceed 6 months of service fees.

16. Privacy
It is CameraFTP's policy to respect the privacy of all of its customers. For more information, please see our full privacy policy .

17. Accessing Published Camera content and Site content
Domestic and foreign copyright, trademark, patents, and other intellectual property rights law and international treaties, and other laws, protect all material, data, text, images, photos, video, graphics, music, sound and audio files available on the Site ("Site Content"), both as individual works and as a collection. Unless authorized, you may not copy, reproduce, display, perform distribute, or create derivative works from the Site Content, without being expressly authorized to do so by the owners of the intellectual property or proprietary rights in such Content.

You may download or use individual files that are available in the Published Cameras area of the Site only for personal and non-commercial use. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit, or otherwise transfer any content in a Published Camera in any format, electronic or otherwise.

18. Copyrighted Material
CameraFTP respects the intellectual property of others, and requires that its users and Members do the same.

You may not place any material protected by copyright anywhere on the Site without the express permission of the author or owner of the copyright in that material.

CameraFTP will promptly take down or block access to infringing or allegedly infringing material on its servers if CameraFTP becomes aware that such material infringes the copyright rights of a third party, whether CameraFTP identifies such infringement in the course of its ordinary and reasonable business activities, or through notification by a third party. CameraFTP will promptly contact the Member responsible for the Member Content, and alert him or her of the allegations of infringement, and of CameraFTP's take down or blocking of the allegedly infringing material. If the Member believes that the removal or blocking of his or her material was a result of a mistake or a misidentification of the material, the Member shall provide CameraFTP a counter-notification establishing the Member's rights to display the material in question, as well as any other information CameraFTP shall request. Upon receipt, CameraFTP will promptly forward the counter-notification to the party that claims to be the copyright owner. If that party then does not file suit to enjoin the alleged infringement, CameraFTP will re-post or unblock the material within 14 days after receiving the counter notification.

If you believe that your work has been copied in a way that constitutes copyright infringement, and appears on the Site, please provide CameraFTP the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

2. a description of the copyrighted work that you claim has been infringed;

3. a description of where the material that you claim is infringing is located on the Site;

4. your address, telephone number and email address;

5. a statement by you that you have a good faith belief that the disputed use is no authorized by the copyright owner, its agent or the law;

6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner

19. Indemnity
Since you are responsible for your Camera Contents and the consequences of its use and publication, you agree to indemnify and hold CameraFTP, its parents, subsidiaries, affiliates, officers, employees, licensors, contractors and users harmless from and against any and all claims, demands, and expenses, including attorneys' fees, made by any third party, due to or arising from: (a) your use of the Site or the Service; (b) your violation of this Membership Agreement; (c) your violation of a third party's privacy rights; (d) your violation or infringement of a third party's copyright, trademark, trade secret, patent, or other intellectual property rights; (e) any libelous or unlawful material contained within your Member Content.

20. Force Majeure
CameraFTP is not liable for any service issues resulting directly or indirectly from causes beyond its reasonable control, including, without limitation, failure of the Internet, fires, floods, storms, explosions, act of God, war, governmental actions, orders of domestic or foreign courts, non-performance of third parties, distributed denial of service attack.

21. Termination of Service
If you object to any portion of this Membership Agreement, or any subsequent modification thereto, or become dissatisfied with the Service or the Site, or any materials, data, text, images, video, audio, music, sound or other Site Content, or any transaction entered into through the Site or Service, your only recourse is to immediately cancel all subscriptions, discontinue use of the Service and notice CameraFTP of such termination. The preceding sentence sets forth your sole and exclusive remedy regarding any objection to the terms of this Membership Agreement, or any dissatisfaction with the Service or the Site.

CameraFTP reserves the right to terminate a portion or all of the Service at any time and for any reason in its sole discretion.

CameraFTP reserves the right, in its sole discretion, to terminate your Membership in the Site, or to remove your Camera content or to edit, delete or remove any postings from the Site without prior notice for any cause or no cause in its sole discretion.

Any termination under any provision of this Membership Agreement may be effected without prior notice, and CameraFTP may immediately delete and discard all of your Camera contents, and/or bar any further access to your CameraFTP account. Upon any termination of your Membership, or of this Membership Agreement, your right to use the Service will immediately cease. CameraFTP will have no obligation thereafter to offer cloud service to your cameras, or to forward any materials stored through the Service or any unread or unsent messages. CameraFTP may retain certain materials for administrative and other reasons.

22. Notices & Questions
All notices from a Member to CameraFTP shall be in writing, and shall be made or delivered to CameraFTP via email or conventional mail.

If you have any question about the Service or this Membership Agreement, please feel free to contact us at Support@CameraFTP.com

23. Choice of Law
This Membership Agreement shall be constructed and controlled by the laws of the State of California, excluding its conflict of law provisions. With the exception of CameraFTP's rights to pursue injunctive relief in any court of competent jurisdiction, you agree to submit to the exclusive jurisdiction of the state and federal courts of the State of California.

24. General
This Membership Agreement constitutes the entire agreement between you and CameraFTP with respect to the Service; and your Camera contents, and it supersedes any other agreement, proposals and communications, written or oral, between you and any CameraFTP representatives with respect to the Service and your Camera contents.

If a court of competent jurisdiction holds that any provision of this Membership Agreement is illegal, unenforceable, or contrary to law, such provision shall be construed, as nearly as possible to reflect the original intent of this Membership Agreement, with the other provisions remaining in full force and effect.

Any failure by CameraFTP to exercise or enforce any right or provision of this Membership Agreement shall not constitute a waiver of such rights or provision unless CameraFTP acknowledges and agrees to it in writing.

CameraFTP may assign this Membership Agreement to any third party at its sole discretion. You shall not assign or sublicense the rights granted under this Membership Agreement without the prior written authorization of CameraFTP.

You and CameraFTP agree that any cause of action arising out of, or related to the Service or the Site must commence within one (1) year after the cause of action arose, otherwise, such cause of action is permanently barred.