Last Updated: August 20, 2016
These Terms of Service set forth the terms and conditions that apply to your use of brickftp.com ("Web Site") and the BrickFTP™ and asset hosting service available from the Web Site ("Service"). The Service is operated and offered by Action Verb, LLC, a Nevada limited liability company. By accessing this Web Site and/or using the Service (other than to read this page for the first time), you acknowledge and agree to comply with all of the Terms of Service set forth herein.
All of the information provided by you to register for an account on the Service must be correct and current.
You are the only person allowed to use your BrickFTP™ account, username and password. You agree not to allow anyone else to use your account or password, and to take reasonable steps to prevent unauthorized persons from learning your password and using the Service. You may create separate user accounts within each BrickFTP™ subscription to provide other people access.
You affirm that you are either more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set form in these Terms of Service, and to abide by and comply with these Terms of Service. Due to the Children's Online Privacy Protection Act of 1998, children under thirteen (13) years of age must not use the Service or submit any individually identifiable information about themselves.
Our Security Technology document details exactly how we store and transfer data, and will prevail in the event of a conflict with other information presented on this site. Please read it to understand our security practices and be sure to take the recommended actions for maximum security if this is required by your business.
The main method of payment accepted for paid accounts is placing a credit card number on file. Currently, we accept VISA, Mastercard, American Express, and Discover. Accounts are billed in advance, and credit cards will be charged automatically to keep subscriptions current. You agree to pay all charges in accordance with any cardmember agreement governing the use of your credit card.
Payment via invoice/purchase order and mailed check or bank wire is acceptable, but only if pre-paying in advance for 12 months of service.
Account cancellations may be made through the BrickFTP™ service itself (on the Site tab) or by calling Action Verb, LLC at 800-286-8372, extension 1. To cancel an account via the telephone, we require that the caller verify all billing information as well as a username and password on the account. We do not accept cancellation notices via E-Mail! Upon cancellation, your data will be removed from the system, and there is no mechanism for restoring a cancelled account.
Action Verb, LLC reserves the right to change the price or features of all services, upon 30 days notice. Such notice will be provided by E-Mail. If such a change takes place and you choose not to discontinue or downgrade your account, you will be responsible for the payment of your account at the new rate.
Account prices are billed exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for any such tax, levy, or duty associated with your use of the Service.
"Storage Usage" is calculated by taking the sum of the actual number of bytes contained in each Currently Stored File plus a 64kb overhead per file. The 64kb overhead is to account for the storage costs of metadata such as logs, behaviors, permissions, and notifications associated with each file, as well as overhead costs that are passed through to us by Amazon S3.
"Currently Stored Files" refers to the set of files that as of that time have been uploaded to your account and either (a) not deleted from your account or (b) uploaded within the last 30 days. Another way to say this is that any file uploaded counts toward your storage usage for a minimum of 30 days. We charge this 30 day minimum because Amazon S3 charges us according to a similar scheme and it is important to harmonize our costs with our pricing.
We compute the Storage Usage number several times per day. For each billing period, your account usage is billed according to the highest level of Storage Usage recorded during that billing period. We call this the "high water mark."
Upon cancellation as described in Section 2, all accounts are entitled to a full refund of their most recent monthly plan payment (excluding overage charges). Please request a refund when cancelling in order for this to be processed simultaneously.
We recognize that downtime can be costly and reflect poorly on your business. As such, we will provide compensation in the form of credit card refunds if certain uptime goals are not met and you request a refund.
We define uptime as the percentage of time during a billing period HTTP and FTP services are available on ports 80, 443, 21, and 990. The uptimes of these 4 services as computed by Wormly (or another monitoring system we may choose to engage) will be averaged together to compute an overall uptime.
If uptime during a billing period is below 99.5%, you are entitled to a refund of your entire monthly fee.
If uptime during a billing period is below 99.9%, you are entitled to a refund of half of your monthly fee.
The Service is provided on an "AS-IS, AS-AVAILABLE" basis. Action Verb, LLC does not warrant that the Service will be uninterrupted or error-free or that defects in it will be corrected. Use is at your own risk. You may lose data!
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "SERVICE") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ACTION VERB, LLC AND ITS AGENTS DO NOT WARRANT THAT THE SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SERVICE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
UNDER NO CIRCUMSTANCES SHALL ACTION VERB, LLC OR ITS AGENTS BE LIABLE FOR: (1) ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE THE SERVICE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ACTION VERB, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE; OR (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES OF THE SERVICE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, ACTION VERB LLC’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You are responsible for your own communications and for any consequences thereof. You will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence.
You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by Action Verb, LLC (ii) upload, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (iii) prevent others from using the Service; (iv) use the Service to invade the personal privacy of other people (e.g. stalking or harassment); (v) use the Service to store personal health information that is regulated by HIPAA unless you've also entered into a Business Associate Agreement with Action Verb, LLC; or (vi) use the Service for any fraudulent or inappropriate purpose.
You will not use any robot, spider, other automated device, or software process to monitor, post to, or copy any content from the Service, except through APIs explicitly made available by Action Verb, LLC. You may use automated means to connect via the FTP service running on port 21 or 990. Action Verb, LLC may terminate your account if (in its sole opinion) your usage of the Service consumes excessive system resources.
Violation of any of the foregoing or any other breach of these Terms of Service may result in immediate revocation of your account(s), and may subject you to state and federal penalties and other legal consequences. Action Verb, LLC reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates these Terms of Service. Action Verb, LLC also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms of Service, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), (d) respond to user support requests, or (e) protect the rights, property or safety of Action Verb, LLC, its users and the public. Action Verb, LLC will not be responsible or liable for the exercise or non-exercise of its rights under these Terms of Service.
Action Verb, LLC reserves the right to cancel or refuse to offer the Service to anyone at any time at its sole discretion. A pro-rated refund will be issued to paid account holders in the event of a service cancellation without cause.
All materials contained on the Service are Copyright ©2009-2016 Action Verb, LLC All rights reserved. This includes, but is not limited to: graphics, text, source code, the selection, arrangement and presentation of all materials (including information in the public domain), and the overall design of the Service. This does not include user-provided content, as described below.
Action Verb, LLC does not claim any ownership in any of the content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit or store in your Service account. We will not use any of your content for any purpose except to provide you with the Service.
Permission is granted to view and print materials from the Service for the non-commercial purpose of viewing, reading and retaining for reference. Any other copying, distribution, retransmission or modification of information or materials on this site, whether in electronic or hard copy form, without the express prior written permission of Action Verb, LLC, is strictly prohibited. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service.
BrickFTP™ and other trademarks and/or service marks (including logos and designs) found on the Service are trademarks/service marks that identify BrickFTP™ and the goods and/or services provided by Action Verb, LLC. Such marks may not be used under any circumstances without the prior written authorization of Action Verb, LLC. Such marks may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Action Verb, LLC.
You assign Action Verb, LLC exclusive intellectual property rights to any questions, comments, suggestions, ideas, feedback or other information about the Service provided by you. Such submissions are non-confidential and shall become the sole property of Action Verb, LLC, which may use and disseminate for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Upon a request by Action Verb, LLC, you agree to defend, indemnify, and hold Action Verb, LLC and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of this Web Site and/or Service.
This Terms of Service constitutes a contract made under and shall be governed by and construed in accordance with the laws of the United States and the State of Nevada. Additionally, these Terms of Service constitute the entire agreement between you and Company regarding the use of the Service, superseding any prior agreements.
Any dispute arising under these Terms of Service will be subject to binding arbitration by a single Arbitrator with the American Arbitration Association (AAA), in accordance with its relevant industry rules, if any. The parties agree that this Agreement will be governed by and construed and interpreted in accordance with the laws of the United States and the State of Nevada. The arbitration will be held in Nevada, United States. The Arbitrator will have the authority to grant injunctive relief and specific performance to enforce the terms of this Agreement. Judgment on any award rendered by the Arbitrator may be entered in any Court of competent jurisdiction.
If any provision of this Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term. Nothing in this Terms of Service shall be deemed to confer any third party rights or benefits.
Action Verb, LLC may provide hyperlinks to third-party web sites as a convenience to users of the Service. Action Verb, LLC does not control third-party web sites and is not responsible for the contents of any linked-to, third-party web sites or any hyperlink in a linked-to web site. Similarly, Action Verb, LLC does not endorse, recommend or approve any third-party web site hyperlinked from the Service and will have no liability to any entity for the content or use of the content available through such hyperlink.
Action Verb, LLC reserves the right to change these Terms of Service at any time by posting new Terms of Service at this location and alerting BrickFTP™ paying customers of such change via E-Mail. Any change(s) to this Terms of Service will take effect thirty (30) days after such changes have been posted. Your continued use of the Service following such changes will indicate your acceptance of those changes.
This document was last updated according to the date at the top of this page.
Questions regarding these Terms of Service should be sent by e-mail to us using our online contact form.