ASUS WebStorage Cloud Space Service Term of Service (TOS) Know your Right and Restrictions

ASUS WebStorage Cloud Space Service (the “Service”).

To safeguard your rights and interests, please peruse the terms and conditions set forth in this Agreement. When you register or start using the “Service”, you are deemed to have read, understood and agreed to the contents of this agreement. If you disagree with any term in this agreement, or any term and condition contained in the Agreement are found in conflict with the law in your country or region which excludes the effectiveness of a part of or all contents contained in this agreement, you should stop using the “Service”.

If you are under the age of 18, or are defined as a minor based on the law of your country, you shall have this agreement read by your parent(s) or guardian and have his/her/their agreement and shall duly amend the contents of the Agreement before you can apply for and use our “Service”. When you start using our “Service”, we assume that your parent(s) or guardian has (have) read, understood and agreed to the terms and conditions contained in this Agreement and the amendments of this Agreement which are made hereafter.

You should be aware and understand that ASUSTeK Computer Inc. does not substantially participate in or operate the “Service”. Any litigation, dispute or damage resulting from the “Service” shall, therefore, have nothing to do with ASUSTeK Computer Inc.

The Use of “Service”

If you have purchased an ASUS product, please start the ASUS WebStorage software in the product to activate the “Service”. For other users, please go to ASUS WebStorage website to apply for 2GB free storage. In turn, please set your personal account number, password and email address to formally start the “Service”.

*Remarks: ASUS products you purchase vary with individual model and the ASUS WebStorage software might have not been preloaded. Please download the software that support your ASUS product at ASUS WebStorage website (www.asuswebstorage.com) and install it before using the “Service”.

The rights of Members:

You may access your files on ASUS WebStorage when logging on from computers other than ASUS products with the same account ID and password.

• You may enjoy the “Automatic Backup” function and retrieve your files backed up from ASUS WebStorage.


• You may enjoy the “Sync” function to synchronize files among a number of different computers.


• You may share your files with designated people through the “Group Share” feature.

Period of the “Service”

If you are already an ASUS user, the period of the “Service” refers to the total of the period of the free “Service” for the ASUS product you bought plus the time period of the paid “Service” you have selected. As free “Service” periods and the storage space may vary with different ASUS product models, please peruse the Product Information for more details.

If you are not an ASUS user yet, the “Service” period refers to the paid “Service” period you select.

“Service” Fee

When you subscribe to the paid “Service”, we will ask you to log in to your ASUS WebStorage account with your Account ID and Password to confirm the subscription plan. Please go to “Buy Page” for more details on the paid account. Please also note the following key points:

1. The subscription plan should be prepaid in a lump sum for a period of either one year or one month.


2. No refund is possible for the “Service”.

A Change in charging conditions, if any, will be published on our website and made known through e-mails to members who have applied for “premium accounts” and provided us with e-mail addresses. We request our members to confirm the registration data and pay the charges within the specified time limit. If you do not pay the charges within the specified time limit, we will assume that you relinquish your membership and we will terminate the “Service”.

ASUS reserves the right to increase, change or delete the relevant systems or functions of the “Service” either in whole or in part from time to time. Any addition, deletion or change will come into effect forthwith as announced on our website (www.asuswebstorage.com), and we will serve no individual notification to our members. You are deemed to have agreed to be bound under the amended terms upon announcement. You are deemed to have agreed to the amended terms if you continue the use of the “Service” after the amendment is announced.

You are deemed to have acknowledged and agreed that current and future functions and services of the “Service” are subject to the terms and conditions of this Agreement.

Obligation to Register an Authentic Identity

You are deemed to have acknowledged and agreed to provide accurate, authentic and complete personal information. In the event of a change in such information, please update it forthwith so as to assure an accurate, authentic and complete record of your personal information.

You are deemed to have acknowledged and agreed that we reserve the right to terminate your membership and your right to use our “Service” forthwith whenever your registered data prove unauthentic or do not match with your current data as a result of your failure to update in time immediately after a change.

You are deemed to have acknowledged and agreed that the ownership and other rights of the “Service” you use as a member belong to our Company and the people specified by the Company. A member may only use the “Service” as defined under this Agreement, and shall not rent, lend, transfer or assign the “Service” to any third party. You are liable for the damages to the rights of other people or any violation against the law if a false identity or any personal data from others are used; you are also obligated to compensate for the damages so caused to our Company.

Suspension or Interruption of the “Service”

We may suspend or terminate the “Service” either in whole or in part. We bear no liability for indemnity at all upon occurrence of any of the following circumstances:

1. In case of relocation, a change, test-run or maintenance & repair of the systems or facilities related to the “Service”.


2. Suspension or interruption of the “Service” as a result of a factor not attributable to the Company.


3. Suspension or interruption of the “Service” as a result of force majeure.

We will promulgate through our website beforehand in case of a relocation, change, test-run or maintenance & repair of the systems or facilities related to the “Service” for which the “Service” must be suspended or interrupted, either in whole or in part.

In an effort to minimize inconveniences, loss of data or money and time as a result of a suspension or interruption of our “Service”, please make sure that you take necessary preventive measures as far as possible.

Termination of the “Service”

In the event that the Company should terminate the “Service” in certain consideration, we shall promulgate the forthcoming termination through our website thirty (30) days prior to the date scheduled for the termination. Besides, we will serve e-mails to members who have applied for “premium accounts” and provided us with e-mail addresses. Please make sure that you backup your data from time to time so as to safeguard your interests. Members’ Obligations

In addition to the terms and conditions set forth in this Agreement, you are deemed to have agreed to comply with various rules and regulations linked up with the “Service” , international customs and protocols for Internet use. Moreover, you are deemed to have agreed not to:

1. Steal, tamper with, damage or duplicate data from others.


2. Sell, copy, distribute or re-distribute data from others.


3. Spread computer or Trojan viruses.


4. Upload, post, publish, promulgate or transfer any defamatory, insulting, intimidating, unlawful contents, messages, images or files in any form against decent moral.


5. Capture or use any resource that is not formally made public or licensed by the owner.


6. Infringe upon other people's intellectual property or other rights, or attempt to commit such infringements.


7. Collect e-mail addresses and personal data from others without their consent.


8. Send, post or publish any misrepresented or misleading advertisement or other marketing, advertising document and file.


9. Commit any other act that hinders communications or violates law regulations, or act which is likely to cause such incidents.


10. Sabotage or interfere with various data, activities or functions provided by the “Service”, or invade, attempt to invade, sabotage, interfere with any system or function of the “Service” by any means, or engage in any violation or sabotage through our “Service”.

The aforementioned terms do not imply that we use any measure to censor contents (including but not limited to texts, images, audios, videos, software, information of other categories) that you send, post or publish, nor guarantee the contents' correctness, completeness, safety or reliability. You should bear in mind the aforementioned risks when viewing contents sent by other members.

If we notice or are brought to the attention of your violation of the aforementioned terms or the situation where you are apt to violate the aforementioned terms, we reserve the right to suspend your membership and the right to use the “Service” forthwith, in addition to deleting the content that violates the aforementioned terms and taking other measures as necessary. You may notify us of your objection, if any.

Whenever you violate the aforementioned terms, you shall solely assume the responsibilities in full. Our Company is not liable for any responsibility for any damage incurred by you or a third party.

Safeguarding Your Account and Password

You are obliged to put your account and password in careful custody. Under no circumstances shall you reveal such information to any third party. You shall be fully responsible for your account and password. Any behavior that is performed under your registered account is deemed the behavior taken by yourself, unless you have evidence to prove your account and password have been stolen.

The account and password of the “Service” are limited to your personal use. You shall not rent, lend, transfer or assign such information to be used by any third party.

Whenever you find your account and/or password has(have) been stolen or exploited by others in an unjustifiable means, you shall keep our Company informed forthwith so that we can take countermeasures as necessary. Any assistance provided by the Company does not necessarily suggest that the Company is liable or agrees to guarantee or compensate your damage, either explicitly or implicitly. Our Company assumes not any responsibility for indemnity whenever your account and/or password is(are) illegally used by others. You should be sure to log out after every use to prevent a potential misuse by others.

Restrictions & Responsibilities

You are deemed to have acknowledged and agreed that the “Service” does not guarantee the correctness, completeness, safety and stability of transmission of the information you store, nor does it guarantee that the “Service” will not be disconnected or erroneous. For all files and information you transmit, please backup all. The Company is not liable for any loss, error of emails, files and electrical records during transfer.

Before you use our “Service” to download files and other data, you should consider and evaluate the risks yourself carefully. We are not liable for the damage or loss of data on your computer system resulting from the aforementioned incidents.

You are deemed to have acknowledged and agreed that the “Service” may be interrupted, temporarily inaccessible, slow in speed, or encounter errors transferring data or saving files, as a result of failure of network system or software & hardware owned by the Company, its affiliates or telecommunications providers, or due to human errors in operation, or that the “Service” may be invaded, falsified, forged by a third party. You are deemed to have fully understood the risks and possible damages, and shall not claim on the Company for any liability or compensation.

The Use of Internet Information

The Internet is an open network and is maintained by respective “Service” providers. We are not responsible for the correctness, completeness, safety, reliability, appropriateness, stability, continuity or veracity of the data that you captured, nor do we guarantee the connection speed between you and the Company. The Company may not be held liable to any damage or loss caused by connection speed or the use of Internet information, either directly or indirectly.

The right of any information on Internet belongs to its owner. You shall adhere to the authorizations and other legal regulation, otherwise you shall not use the information. An offender will solely assume the responsibility so incurred, if any, in full, which will have nothing to do with the Company.

Reservation or Disclosure of Membership Factors

The Company will disclose or maintain a backup copy of your personal data and the contents you have sent, posted or published under any of the following circumstances:

1. For the need of investigation into a crime requested by judicial or police authorities.


2. For the need of legal process as requested by a government agency or a court of law.


3. Due to a need while a member acts against the law or against this Agreement by his or her behaviors.


4. In case of a need to safeguard the benefits of public and the interests of our company and the other parties.

Intellectual property rights

The patents, copyrights, trademarks, business secrets, specific technologies and other intellectual properties of the software, programs and contents (including but not limited to texts, descriptions, images, pictures, graphics, files, page designs, website structures and arrangements) provided on the Company’s website and related websites are the properties of the Company and other respective owners/licensees. You shall not reproduce, broadcast/play/screen in public, re-write, edit, rent, distribute, reverse engineer, decompile, disassemble, or use these properties for other purposes without a written consent from the Company or property holders. In case of violation, you shall solely assume all legal responsibilities in full and shall, in addition, indemnify the Company from the damages or loss so incurred, if any.

Violation of Law and the Validity of this Agreement

In the event that you violate the law or any term of this Agreement, the Company may terminate or suspend your membership or your access to the “Service”, and may, in addition, take any other measures as necessary.

Addition, Amendment and Termination of Terms of Agreement

In compliance with governing laws or other needs, the Company may, at any time, add, amend or terminate the terms of this Agreement and the relevant regulations. Any addition, amendment and termination of the terms of “Service” will become effective forthwith upon being promulgated through our website. You are assumed to have agreed to these post-amendment terms if you continue using our “Service” after promulgation.

Governing Law and the Jurisdictional Court

This Agreement is based on the laws of the Republic of China as the governing law. On a dispute with the Company arising from a member in use of the “Service”, if any, both parties agree that it shall be solved amicably by both parties on a bona fide basis. Should litigation prove inevitable, both parties agree that the Taiwan Taipei District Court shall be the jurisdictional court for the first instance. In the event that any clause of the Agreement or term of “Service” proves invalid, the validity of other parts of the Agreement shall remain unaffected.