drop.io Privacy Policy and Terms of Use

drop.io Privacy Terms as of 2010-10-31

Privacy Policy
Drop.io Privacy Policy
Last updated: December 18, 2007

At drop.io, what’s yours is yours. Period. This Privacy Policy describes what little information we do collect from you (the “User”) as part of our web service (the “Service”), and how that information may be used and/or disclosed.
By using our Service, you consent to the terms of this Privacy Policy.
Use of the Service by Children
The drop.io Service is not designed or intended to collect and retain personal information from children who are under 13 years of age, and you must be 18 years of age or older to create a Drop (see Terms of Use). We have no control over User content uploaded to Drops (“Content”), which may or may not contain information regarding children under 13 years of age. If we are notified of such Content, we may exercise our right to delete it.
What Information We Collect About You
Very little. In fact, practically nothing. You do not need to provide us with any personal information to set up free Drops. If you wish to purchase premium Drops, your payment informaiton will be directly passed to a third party credit card processor, through a secure site. Once the transaction clears, the credit card processor will notify us and we will send a transaction “code” to the e-mail address which you have provided to us. We will store your e-mail address associated with the transaction for a limited period of time and will regularly delete these files. We do not have access to the credit card transaction information, and it will not be stored on our servers. If you opt to give us your email address to be notified of updates to your drops we will retain that email address until you notify us otherwise. Drops are private areas, accessible only to those to whom you permit access. Therefore, if you disclose your password to others, they will have access to your Content. We do not monitor Content within Drops, and we will not know who uploaded what Content to which Drop. Users have the option, but are not required, to establish an administrative password which will allow you to change the Drop characteristics. If you establish such a password, that information will be stored on our system. We may also pass your Content (but not any password or other information) to third party service providers that may convert the Content into proprietary formats and or store the Content on its own server in order to improve the performance and user experience of Drop.io. In these cases we will have made agreements with the third party provider that protects your Content and any other information and no one will have access to your Content.
Although we know very little about you -- Drops are not totally anonymous. When you visit our Service, some information is automatically collected, such as your computer’s operating system and browser type, version, and capabilities. We also will track your Internet Protocol (IP) address and the time and date of your visit. If you are utilizing a broadband connection, some IP addresses are “static” and may be able to be tracked to your personal information. We may track certain aggregated information through the use of “cookies”. “Cookies” are small files that are stored on your computer by your browser at the request of a website to store personal preferences. We use cookies to keep you logged into the Service, to count the number of unique computers visiting drop.io, and to record any User preferences. If you call a drop certain information relating to the phone number from which you initiated the phone call may be recorded. While this information is retained for a period of time it will exclusively be used for business analytic purposes.
How We Use Personal Information/Sharing of Personal Information
Since we do not have any personally identifiable information about Users, we do not have any such information to use, share, sell or rent to third parties. We may have aggregated information obtained from cookies, but that does not include any personally identifiable information.
We do not monitor Content or Drops, however we reserve the right to do so under certain circumstances. We may disclose whatever information we do have (including Content), or delete Content in its entirety, when we believe it is appropriate to comply with the law (e.g., a lawful subpoena, warrant, or court order) or with requests of law enforcement authorities; to enforce or apply this Privacy Policy or other policies or agreements; to protect other Users’ rights, property or safety; to protect our Users from fraudulent, abusive or unlawful use of, or if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to a person requires disclosure of communications or Content or justifies disclosure without delay. In addition, any Content may be disclosed as part of any merger, financing or sale of company assets. We may also use automated processes to scan Content to enable us to serve advertising based on the appearance of certain words or phrases in your Content. We will not provide advertisers with any specific information regarding individual Drops.
Policy Changes
We will modify this Privacy Policy if our privacy practices materially change in the future, and we will notify you of such changes by posting the modified Privacy Policy on our website and indicating at the top of the Privacy Policy the date on which it was last updated.
Your Comments or Concerns
We welcome your feedback. If you have any comments or concerns about this Privacy Policy, you may reach us via e-mail at privacy@dropio.com

Archvied Version at 31, Oct 2010: http://www.webcitation.org/5ttR2flxh (source: drop.io/privacy)

Terms of Use
By using Drop.io you agree to the following Terms of Service. Please read them carefully.
1. ACKNOWLEDGMENT AND ACCEPTANCE OF DROP.IO SERVICE TERMS OF USE
Welcome to the Drop.io Service. Drop.io is pleased to provide you access to our online communications platform (the “Site”) and our drop.io website (“Drop.io”), through which we strive to provide you the best online communications for e-mail, photos, media and other content. This Terms of Use Agreement is between you (the “User”) and Drop.io and sets forth the terms and conditions governing your use of the Site and Drop.io. This is not an agreement between the people who view User stored content and Drop.io. BY USING DROP.IO AND OUR SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT. Drop.io reserves the right to change these terms and conditions at any time. The changes will appear on this screen and are effective immediately. If you do not agree with any of the terms or conditions contained in this Agreement or with any future change to this Agreement, do not use the Site or do not continue to use the Site after such change has been implemented.
2. THE DROP.IO SERVICE
Drop.io provides you with the capability to create, manage and temporarily store online photo, video, e-mail, voice mail and other digital content (“Drops”), hosted at custom sub-domains via the World Wide Web (the “Service”). Temporary storage up to the maximums set forth on the Site at drop.io is provided without charge to User as part of the Service. Users are offered additional storage and other premium features as described on the Site in exchange for payments through our Purchase Page at drop.io/purchase. The User content stored in a Drop consists of digital images and other content provided by you.
In order to use the Service, you must be able to access the World Wide Web. This may include access to a computer, modem or any other necessary equipment. Drop.io does not provide Internet access, and is not responsible for the payment of fees associated with establishing or maintaining such access. Drop.io is also not responsible for any telephone fees or charges that may be associated with calling drops.
By using the Service, you agree to abide by these Terms, as well as the terms of our Privacy Policy.
3. SECURITY OF INFORMATION
You will have the ability to create an unlimited number sub-domains on the Drop.io domain, each of which will remain active for a year from creation on the terms and conditions herein. All sub-domains remain the property of Drop.io, however you may have exclusive right to use their Drop-io personal sub-domains as long as you are not in violation of these Terms of Use, and continue to renew the registration of your personal sub-domain. If you fail to renew (or violate these Terms), your Drop.io sub-domain will be deleted, and you will lose access to your Drops. You are responsible for any and all activities that occur under any Drops that you set up. Drop.io has no access to access information, Upgrade Codes or Transaction Receipt Numbers. IF YOU LOSE YOUR TRANSACTION RECEIPT NUMBER, OR ACCESS INFORMATION TO YOUR DROPS, WE CANNOT RESTORE YOUR ACCESS.
If you are using the Service on behalf of, or in combination with a company or other organization that is using a drop.io account, you acknowledge and agree that your Drops are controlled by and owned by the drop.io Administrator in your company or organization and is also governed by the drop.io Enterprise Terms of Service.
4. DROPS
Drop.io considers the Drops that you share with the Service to be your private information and we will not generally monitor the content of Drops. Drop.io will not edit or disclose information about you or your Drops, except that you agree that Drop.io may do so in accordance with its then-current Privacy Policy or in the good faith belief that such action is reasonably necessary: (a) to comply with any laws, rules or regulations; (b) to comply with any legal process; (c) to enforce this Agreement; (d) to respond to claims that such data violates the rights of third parties; and (e) to protect the interests of Drop.io or others.
You acknowledge and agree that Drop.io may access all photos, video, data and other tools of the Service as necessary to identify or resolve technical problems or to respond to service complaints. You acknowledge and agree that certain technical processing of information is and may be required in the ordinary course of business. For example, Drop.io may utilize services of third party providers to optimize the performance and user experience with respect to the Service. In these cases we will have agreements with the third party service providers that utilizes technology to convert the content of your Drops into a proprietary formats and store some of the content of Drops on its servers until such time as you call for it, or have requested that it be deleted. Our agreement conforms with these Terms and only you will have access to your Drops.
All content stored in Drops will be accessible according to the time period you set in your preferences when you set up a Drop. YOU ACKNOWLEDGE THAT DROPS ARE INTENDED TO BE TEMPORARY STORAGE AND THAT AFTER THE INITIAL STORAGE PERIOD, DROP.IO MAY DELETE DROPS TO MAKE ROOM FOR OTHERS. IF YOU REQUIRE PERMANENT STORAGE OF CONTENT, PLEASE CREATE BACKUPS OF CONTENT BEFORE DROPPING IT AT DROP.IO.
In order to use the Service, you hereby agree to abide by the current Drop.io privacy policy, located at Privacy Policy. Such standards govern the types of Drops that you can and cannot store and share using the Service, as well as the maintenance and use of such information.
You acknowledge and agree that Drop.io is not responsible or liable for the pictures, content, and usage of your Drops. Except for transactions conducted through our Drop.io Paywall Service, you agree not to store or share through the Service or the Site, among other items: credit card data, credit card numbers or financial or credit histories of individuals; social security numbers; sexually explicit, pornographic, harassing, abusive, harmful or obscene photos, video or information; information on an individual's health status; racist or sexist photos or video; stolen or fraudulent photos or video; photos, video or information related to illegal gambling, sweepstakes or other games of chance; information or content that infringes on the intellectual property rights of another third party; or any otherwise illegal information. If you are under the age of 13, you may not post or submit any personally identifiable information about yourself on the Site.
By using the [Drop.io Paywall] Service, you will be required to create an account with Amazon.com and to agree to the Amazon terms of use with respect to the content of your Drop and the transaction that you intend to conduct. If you do not agree with the Amazon.com terms of use, you may not use the [Drop.io Paywall Service]. Drop.io will retain information with respect to the transaction for a limited period of time, and will supply Amazon with such information as Amazon may request. Drop.io does not operate the Paywall Service, but merely provides access to it to users as a convenience. Drop.io will have no obligation to any user or purchaser of content of your Drop and disclaims any and all liability. To set up a 'paywall' on your drop, you will be required to register with Amazon.com and comply with the terms of the Amazon.com Terms of Use. You are encouraged to review the Amazon.com Privacy Policy because those terms apply as well. Amazon.com will collect a credit card number and your name and address for this service and they will retain the information in accordance with their Terms of Use. We do ask for your email address for a receipt, but will regularly destroy that information after each transaction has been completed.
5. UPGRADED DROPS/PREMIUM SERVICES/NO REFUNDS
Drop.io offers certain upgrades and premium services to Users through the purchase of promotional codes (the “Drop.io Upgrade Codes”). Upgrade Codes can be used to add more functionality or larger Drop storage to your Drop sub-domain. Once Upgrade Codes are purchased, Drop.io does not retain access to your credit card (or any other) information about you. When you pay for Upgrade Codes, we will ask for your e-mail address. You will receive a single e-mail with your Upgrade Code and a transaction receipt number (the “Transaction Receipt Number”). Once the transaction is completed, we will delete e-mail addresses and will not retain any records of the Upgrade Code or Transaction Receipt Number. BECAUSE DROP.IO DOES NOT MAINTAIN A RECORD OF THE TRANSACTION AFTER THE UPGRADE CODES ARE ISSUED, YOU MUST KEEP YOUR TRANSACTION RECEIPT. IF YOU LOSE YOUR UPGRADE CODE AND RETAIN YOUR TRANSACTION RECEIPT NUMBER, WE MAY, IN OUR SOLE DISCRETION, ISSUE NEW UPGRADE CODES. THERE ARE NO REFUNDS UNDER ANY CIRCUMSTANCES.
Once you have purchased Upgrade Codes, you will be able to transfer Upgrade Codes to others, but you should keep your Transaction Receipt Number private and confidential. With the Transaction Receipt Number, unauthorized persons will be able to change your Upgrade Codes, cancel them, or use them.
6. MODIFICATION OF SERVICE
At any time, Drop.io may decide to modify, suspend, alter or terminate Service provided to you for any reason. Drop.io will make any decisions about modifications to the Service in its sole discretion, with or without notice to you. You accept and acknowledge that Drop.io reserves this right and agrees that Drop.io will not be responsible for any modification or discontinuation of the Service.
7. TERMINATION OF SERVICE
You agree that Drop.io may terminate your Drops, access to Drops, use of the Service and, in Drop.io's discretion, terminate your use of Drop.io's other services for any reason, at its sole discretion, including, without limitation, if Drop.io believes: (a) that you have violated or acted inconsistently with this Agreement; (b) that you are not in compliance with Drop.io’s Privacy Policy or (c) that you have violated the rights of Drop.io or other users or parties or (d) that your account is not in good standing with respect to the payment of fees.
You acknowledge and agree that any termination of the Service under any provision of this Agreement may be effected without prior notice, and you further acknowledge and agree that Drop.io may immediately delete and discard all information and files in your account and bar any further access to such files or the Service. In the event of any termination of a Drop or your sub-domain, Drop.io will not return any content or data stored in a Drop.
8. LIMITATION OF LIABILITY
DROP.IO WILL NOT BE LIABLE FOR ANY DAMAGES INCURRED IN CONNECTION WITH THE USE OF THE SERVICE. THIS INCLUDES ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES THAT MAY ARISE FROM THE USE OF THE SERVICE, THE FAILURE OF THE SERVICE, OR THE TERMINATION OF THE SERVICE. THIS LIMITATION OF LIABILITY WILL ALSO APPLY TO ANY LOSS OF DATA, INFORMATION OR CONTENT THROUGH FAILURE OF THE SERVICE OR INTERRUPTION OF TRANSMISSION. DROP.IO WILL NOT BE LIABLE FOR ANY HARM OR LOSS ARISING FROM UNAUTHORIZED ACCESS TO DATA, INFORMATION OR TRANSMISSION, INCLUDING, BUT NOT LIMITED TO TANGIBLE OR INTANGIBLE LOSS OF REVENUES, PROFITS, DATA OR INFORMATION.
YOU AGREE THAT DROP.IO IS NOT LIABLE FOR ANY DAMAGES ARISING FROM THE INTERRUPTION, CANCELLATION OR SUSPENSION OF THE SERVICE, REGARDLESS OF WHETHER THE FAILURE OF SERVICE IS ANNOUNCED, JUSTIFIED, INTENTIONAL, UNINTENTIONAL OR NEGLIGENT. CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO IT IS POSSIBLE THAT CERTAIN LIMITATIONS DESCRIBED ABOVE ARE NOT APPLICABLE TO YOU.
9. GENERAL DISCLAIMER
DROP.IO PROVIDES THE SERVICE "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW. DROP.IO FURTHER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. DROP.IO DOES NOT WARRANT UNINTERRUPTED OR ERROR FREE FUNCTIONS CONTAINED IN THIS SITE OR ITS CONTENT OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU UNDERSTAND AND REPRESENT THAT ALL DATA, INFORMATION OR OTHER MATERIAL SHARED BY YOU THROUGH THE SERVICE ARE THE SOLE RESPONSIBILITY OF YOU. DROP.IO IS NOT RESPONSIBLE FOR ANY LOSS OF DATA OR HARM DONE TO YOUR COMPUTER, SYSTEMS OR OTHER EQUIPMENT IN CONJUNCTION WITH USE OF THE SERVICE. YOU UNDERSTAND AND AGREE THAT USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND DISCRETION.
10. NO RESALE OF THE SERVICE. NON-COMMERCIAL USE ONLY.
Your right to use the Service is personal to you and you may not resell all or any portion of the Service. This service is intended for non-commercial use. It may be used for commercial use provided you stay within the terms of service and other usage limits, described below. You agree not to reproduce, duplicate, copy, sell, or resell the Service or your use of or access to the Service.
11. YOUR CONDUCT
You agree to abide by all Drop.io standards and applicable local, state, national and international laws and regulations in your use of the Service, and you agree not to interfere with the use and enjoyment of the Service by other users. You agree to be solely responsible for your actions and the contents of your entries through the Service. You agree not to impersonate any person or entity, including but not limited to a Drop.io official, or falsely state or otherwise misrepresent your affiliation with a person or entity.
You must be at least 13 years of age to use Drop.io.
You agree: (1) to comply with all laws regarding the transmission of technical data exported from the United States through the Service; (2) not to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (3) not to use the Service for illegal purposes; (4) not to interfere or disrupt networks connected to the Service; (5) not to use the Site or the Service for chain letters, junk mail, “spamming” solicitations (commercial or otherwise) or bulk communications of any kind and (6) to comply with all regulations, policies and procedures of networks connected to the Service. You agree not to post, promote or transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable material of any kind or nature. You further agree not to transmit or post any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Drop.io may, at its sole discretion, immediately terminate your access to the Service should your conduct fail to conform to these terms and conditions.
You may NOT post or obtain any content using the Service which: Is threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under applicable law. While Drop.io does not and cannot review all content provided to it, and is not responsible for such content, Drop.io. reserves the right to delete, edit or rearrange content that it, in its sole discretion, deems abusive, defamatory, obscene or in violation of copyright or trademark laws or otherwise unacceptable. You acknowledge that any content may be removed, published, copied, modified, transmitted and displayed by Drop.io for the purposes of delivering the offered services. Drop.io will not be liable for any content provided to it, including the photographs and any content added by account holders in any Drop.
12. COPYRIGHT AGENT
If you believe that your information or any other material has been used on the Site in a manner that constitutes copyright infringement, please provide our Copyright Agent with a written notice (e-mail is sufficient) that includes the following information:
• an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
• identification of the copyrighted work claimed to have been infringed;
• a description of where the material that you claim is infringing is located on the Site;
• your address, telephone number, and e-mail address;
• a statement by you that have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf;
Our Copyright Agent for notice of claims of copyright infringement on this Site is support@dropio.com,
13. INDEMNIFICATION
You agree that Drop.io will not be held responsible for any claims, damages, demands or fees arising out of your violations of these terms and conditions, Drop.io’s privacy policy or infringements on the rights of any third parties as a result of your use of the Site or the Service. You also agree to indemnify Drop.io and its officers, directors, employees, agents, and partners for any and all claims that may arise.
14. PROPRIETARY RIGHTS TO CONTENT
You acknowledge and agree that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in sponsor advertisements or other information presented to you through the Site (“Content”) is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You are only permitted to use this Content as expressly authorized by Drop.io, and may not copy, reproduce, distribute, or create derivative works from this Content without express authorization.
15. THIRD-PARTY WEBSITES AND LINKS TO THE SITE
Drop.io does not review or monitor any websites linked from your Drops and is not responsible for the content of any such linked web sites. Your linking to such websites is at your own risk.
16. SYSTEM INTEGRITY
You shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction conducted on our Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share your password with any third parties or use your password for any unauthorized purpose.
The Site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein without our prior written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site.
17. GOVERNING LAW
The laws of the State of New York shall govern this Agreement and the relationship between you and Drop.io. You agree that any grievances shall be settled according the procedures and laws within this jurisdiction. You further agree that any claim, cause or action related to the Service or this Agreement must be filed within one (1) year after such claim arose.
The headings used to describe the sections of this Agreement are solely for descriptive purposes. They do not imply or refer to a specific legal description or obligation.
18. CONTACT INFORMATION
Any questions or comments can be directed to: support@dropio.com

Archived at 31, Oct 2010: http://www.webcitation.org/5ttR9kyIZ (source: drop.io/terms

our little shared wordpress server couldn't handle the load of traffic to this post, so here is the info for a while while we fix things up, the real link for this is the drop.io blog please don't link here, it is just a temporary thing

An important update on the future of drop.io

Here at drop.io, we've had a great three years helping people privately share pictures, video, audio, documents, and more. It's been a thrill to watch the first, thousandth, millionth, and ten-millionth drop be created.

Today, we're proud to announce that we’ve struck a deal with Facebook. What this means is that Facebook has bought most of drop.io's technology and assets, and Sam Lessin is moving to Facebook.

In the coming weeks, we’ll be winding down the drop.io service. As of this week, people will no longer be able to create new free drops, but you'll be able to download content from existing drops until Dec. 15. Paid user accounts will still be available through Dec. 15 and paid users will be able to continue using the service normally. After Dec. 15, paid accounts will be discontinued as well.

Please download your information before Dec. 15 – we plan to delete it after that time. No user data or content will be transferred to Facebook, and we'll send out e-mails to everyone to remind them about the service closing.

Other drop.io services like Presslift, our Yahoo! Mail Application, and our APIs will stay online for a longer period before the company winds down. We'll announce more details on that soon. However, starting immediately, we’ll no longer be selling new premium accounts for those services.

To our loyal users and fans, we cannot thank you enough for your patronage, support, and feedback (good and bad) over the years.

Warmest regards, The drop.io Team

FAQ:

What's happening to drop.io?

The drop.io service will be closing onDec. 15. Until then, people will be able to use existing drops they've created, but won't be able to create new drops. After Dec. 15, drop.io will be closing and all user data and content will be deleted, so please download files you have stored on the service before then.

How do I download my data?

Simply go to your drop.io drop, click on the file and select "download." Please download your data as soon as you can, but definitely before Dec. 15.

What happens to my paid account?

Paid accounts will function normally until Dec. 15. Paid drop.io accounts will also be closed after Dec. 15, so pleasedownload your information before then.

Will I be billed between now and Dec. 15 for my paid account?

We will stop billing paid-account users on Nov. 15. The service will close on Dec. 15, so everyone will get a full month’s use of the service, no matter the date of their billing cycle.

What happens to information on drop.io after Dec. 15 ?

Any remaining data on drop.io will be deleted. No data will be transferred to Facebook.