Virgin Media Cloud - Terms and Conditions

1. Definitions. As used in these terms and conditions, the following terms and phrases shall have the following meanings:
1.1 "Acceptable Use Policy" means Virgin Media’s acceptable use policy here.
1.2 "Account" means your Virgin Media Cloud account;
1.3 “Activation Date” means the date of activation of your Account;
1.4 “Broadband Subscriber” means a subscriber to Virgin Media’s broadband service, and “Broadband Subscription” will have a corresponding meaning;
1.5 "Content" means the electronic data, including but not limited to files, documents, sound recordings, audiovisual works, musical works, artwork, photographs, documents, software, electronic mail, and any other material containing such items or works, and any descriptions, titles, and other identifying or characteristics attributable to you, stored or otherwise maintained on your behalf by Virgin Media as part of Virgin Media Cloud, or accessed or received by you pursuant to your use of Virgin Media Cloud;
1.6 “End-User Licence Agreement” means the software licence agreement into which you will enter with F-Secure before you can download the Virgin Media Cloud software (as may be updated from time to time in accordance with clause 5.2;
1.7 “Household” means other users that are linked to your Account, who have all been authorised by you to use Virgin Media Cloud under your Account;
1.8 "Virgin Media Cloud" or the “Service” means the personal file backup, management and storage service provided to you or maintained on your behalf by F-Secure;
1.9 "Virgin Media Cloud Client" means the software applications which automatically upload and back-up your Content;
1.10 "Privacy Policy" means Virgin Media’s policy setting out the parameters of Virgin Media’s and its partners’ use of your personal data, located here.
1.11 "Site" means the Virgin Media Cloud site, which is located here and on which we will from time to time publish information regarding the different Accounts and the functionality of the Service;
1.12 "Subscription Payments" means the fee which you have to pay when you sign up for additional storage, details of which can be found here
1.13 "User" and "you" means any person, group or entity accessing Content and/or utilizing the Virgin Media Cloud to store, transfer, receive or otherwise access/allow access to Content; and
1.14 “Primary Account User” means the primary Virgin Media Account holder.
1.15 “Secondary Account User” means a Virgin Media Cloud User who has been assigned a sub account by a Primary Account User.

2. Things you need to know
2.1 Virgin Media Cloud allows for sharing of all Content, to the exclusion of unauthorised music, video files and any other copyright materials in respect of which the requisite consents have not been procured. Unauthorised material will be removed as provided for in our Acceptable Use Policy set out in clause 6 below.
2.2 You will not be able to access Virgin Media Cloud without broadband access. If you have defaulted on the payment of your Broadband Subscription fee, or if the broadband access provided to you by Virgin Media has been suspended or terminated because of breach of the conditions of access by you, you will accordingly not be able to use Virgin Media Cloud.
2.3 By downloading and using the Service, you are entering into a separate agreement with F-Secure which will be governed by a separate End-User Licence Agreement. Virgin Media will have no control over and accepts no responsibility for the Service.

3. Data Privacy - how information we hold about you can be used
3.1 By subscribing to Virgin Media Cloud you are agreeing to Virgin Media's Privacy Policy in that the information and personal data you provide to us and information about your Account ("Data"), may be used by Virgin Media for purposes of including (without limitation) administering of your Account, marketing of Virgin Media's products and services, and conducting market research. Virgin Media is the data controller within the meaning of the Data Protection Act 1998 and from time to time F-Secure will be the data processor.
3.2 You also agree that the Data held by Virgin Media may be shared with other third party companies for the sole purpose of providing Virgin Media Cloud to you, including F-Secure.
3.3 By downloading and using the Service you must agree to the F-Secure End-User Licence Agreement which includes separate and distinct consents around data that you provide to them when using the Service.

4. Paying for Virgin Media Cloud
4.1 – Monthly costs for Virgin Media Cloud are as follows; up to 5GB – Free; up to 50GB £3.99; up to 100GB - £5.99; up to 250GB - £13.99; up to 500GB - £26.99.
4.2 Payment for additional storage
4.2.2 F-Secure will collect your Subscription Payment each month.
4.2.4 If you default on payment of any Subscription Payment you will owe us the full amount outstanding, and we will be entitled to have F-Secure suspend or cease provision of Virgin Media Cloud to you without giving you advance notice. This does not affect our right to terminate your Account, or to exercise such other remedies as we may be entitled to.

5. Using Virgin Media Cloud
5.1 Virgin Media Cloud is for personal, non-commercial use and purposes by you only. Virgin Media does not guarantee the security of any Content received, stored or shared via your Account. Security of your Account and Content is your sole responsibility. You are responsible for the security and proper use of your username and password and you must not disclose either. You are also responsible for all activities that occur under your username and password. If you know or suspect that your username or password has been compromised, or you suspect or become aware of any other breach of security, you must tell us immediately. In these circumstances, you must also ensure that any such username or password is changed as soon as possible. If we believe that there has been, or is likely to be, a breach of security of your username or password, we may require that any or all of them are changed, suspend such username and password and reserve the right to cancel access to your Account immediately without notice.
5.2 We may offer you additional services and/or change or remove some of the features and/or functions of the Service as part of Virgin Media Cloud. If there are additional terms and conditions relating to these additional services, and/or changes we will notify you of these in advance. Your continued use of Virgin Media Cloud after the notification will be deemed as acceptance by you of the updated terms and conditions.
5.3 You are responsible for independent backup of Content stored in your Account. You agree to assume all risk of loss of such Content.

6. Acceptable Use Policy (“AUP”)
6.1 You will, when using Virgin Media Cloud, comply with Virgin Media’s Acceptable Use Policy which is located here.
6.2 Irrespective of which Account you have subscribed to, our Acceptable Use Policy will apply to you, each member of your Household, and anybody else who you allow to use Virgin Media Cloud.
6.3 Virgin Media strongly encourages the use of parental control protections (such as computer hardware, software, or filtering services) that are commercially available and may assist in limiting access to Content that may be harmful to or inappropriate for minors.

7. Your Virgin Media Cloud Content
7.1 By submitting or making available Content to Virgin Media Cloud you warrant:
7.1.1 it is your own original work or you have obtained all rights, permissions, licences and consents necessary from any others whose original work is contained within your Content;
7.1.2 your Content or any part of it does not infringe on the intellectual property rights (including copyright, patent, trademark, trade secret or other intellectual property or proprietary rights, rights of publicity or privacy, or moral rights) of any third party;
7.1.3 you will take responsibility for all licensing, reporting and payment obligations to any applicable third parties regarding any Content received, accessed, stored or shared by you;
7.1.4 it does not and will not violate any law, statute, ordinance, regulation or judicial or regulatory order; and
7.1.5 you will in no circumstances upload or share copyright materials (for example, copyright music or video files) through your Account.
7.2 Virgin Media does not pre-screen or test Content and does not endorse any Content. Virgin Media reserves the right (but is in no way obliged) to monitor the use of your Account by you at any time, and in particular where we determine that there may be misuse under these terms.

8. Licence
8.1 The Virgin Media Cloud Backup Manager, and certain other aspects around Virgin Media Cloud, is licensed to you by F-Secure. In order to use the Virgin Media Cloud Backup Manager (and consequently the Service), you agree to, and accept the terms and conditions of the End -User Licence Agreement.
8.2 You acknowledge that Virgin Media may terminate your Account immediately (or take such other action as may be reasonable or necessary under the circumstances) should you be found (or be suspected to be) in breach of the F Secure End-User Licence Agreement.
8.3 You acknowledge furthermore that F-Secure will be entitled to proceed against you under the terms of the End-User Licence Agreement, should this be necessary and you indemnify Virgin Media against any loss or damage that Virgin Media may suffer as a result of your breach of the End-User Licence Agreement.
8.5 All applicable licences as set out herein shall terminate upon termination of your Account.

9. Account Activity
You are responsible for ensuring that your Account remains active, as follows:
9.1 Should you fail to login at least once every 90 days, or should you deactivate or uninstall the web user interface, we may close your Account. This will be done 90 days after the date on which you last logged in, or 90 days after deactivation or de-installation.
9.2 You will have 90 days from the date on which your Account was closed (as provided for in 9.1. above) to remove your Content from Virgin Media Cloud, failing which we may delete all your Content permanently.
9.3 You will need to create an entirely new account should you require access to Virgin Media Cloud. You can create a new Account using the same username/email address as you provided for your original Account, but you will need to go through Account creation/registration again and create it as a new Account.
9.4 Premium Account
9.4.1 If you fail to make a Subscription Payment when it is due to us for any reason, then we shall notify you of your default..
9.4.2 If you fail to make the required Subscription Payment within the stated period we may close your Account.
9.4.3 Your data will not be available 30 days after late payment and may be deleted entirely if you do not make payment within 60 days.
9.4.4 If you make your Subscription Payment after the Account has been closed, you may reactivate your Account with the same username (i.e. email address) and password login details but all of your previously uploaded Content will have been deleted from the Account.
9.5 Unpaid Broadband Subscriptions
If there is any suspension or termination of your Broadband Subscription because of a default on payment or for any other reason you will be in breach of this agreement and F-Secure will remove your access to the Virgin Media Cloud Service.

10. Termination of your Account
10.1 You may terminate your Account immediately at any time by notifying F-Secure. Details of how to terminate your account can be found here.
10.2 We may have your Account suspended or terminated immediately upon notice to you where:
10.2.1 you fail to make Subscription Payments or have provided unauthorised payment details;
10.2.2 you breach these terms;
10.2.3 you, or any of the members of your Household or additional Users act in a way towards our staff or agents which we reasonably consider to be inappropriate; or
10.2.4 you submit false or misleading information to Virgin Media; or if we have reasonable grounds to suspect fraud or any other unauthorised activity.
10.2.5 Upon termination under this clause 10, you will no longer have the right to access your Account, and may be denied access to a Virgin Media Cloud Account in the future, in Virgin Media's sole discretion.
10.3 We may, in our sole discretion:
10.3.1 suspend or terminate your registration at any time (we may do this, for example, to update the Service for technical reasons); or
10.3.2 terminate your Account for any reason, upon 30 days’ notification.
10.4 We will not refund any Subscription Payments or other payments made by you if we terminate your Account because you have breached the terms and conditions.
10.5 Your Account or Premium Account and the Account of any Secondary Account User, as the case may be, will terminate simultaneously with your Broadband Subscription.
10.6 Your Account or Premium Account, as the case may be, will also terminate should you move house. Your Content will under these circumstances be deleted within 90 days from the date on which your account was deactivated. You should therefore download any of your Content on Virgin Media Cloud back to your PC during such period, failing which you will loose your record or copy thereof. Should you then carry your Broadband Subscription over to your new address, and want to make use of Virgin Media Cloud, you will be required to sign-up for this Service, open a new account, and agree to these terms and conditions again.

11. Liability
11.1 You are responsible for all of your actions and omissions in relation to your use of Virgin Media Cloud.
11.2 We will endeavour to provide Virgin Media Cloud using all reasonable care. Except as required by law, we will not be responsible or liable for the fitness for a particular purpose of Virgin Media Cloud, or for any loss or damage caused to you by:
11.2.1 your negligence or failure to follow our reasonable instructions, and the terms set out herein;
11.2.2 your use of Virgin Media Cloud, nor for any Content which is accessed, sent or received by you using Virgin Media Cloud;
11.2.3 the act of closing your Account in accordance with these terms;
11.2.4 any delay or failure by us to provide any element of Virgin Media Cloud or part of it where such delay or failure is caused by events outside our reasonable control including (but not limited to) network failures, severe weather conditions, epidemic, civil disorder, terrorist activity, war and government action;
11.2.5 any errors, viruses or bugs contained in the Virgin Media Cloud service caused by events outside of our control;
11.2.6 your use of Virgin Media Cloud in circumstances where:
i. there is no breach of a contractual obligation or legal duty of care by us;
ii. such loss or damage is not a reasonably foreseeable result of any such breach;
11.2.7 any incompatibility of Virgin Media Cloud with any other software or material on your computer;
11.2.8 any Content provided by third parties or for any product or service advertised, promoted, offered, or sold by third party service providers for use on Virgin Media Cloud or otherwise; or
11.2.9 any other factor that is outside our reasonable control.
11.3 In no circumstances will Virgin Media be liable in contract, tort (including negligence or otherwise) for any loss or corruption of any data, or any loss of business, contracts, profits, anticipated savings, reputation, or revenue loss, or for any other indirect or consequential loss whatsoever.
11.4 No company nor its officers, employees or agents who act as Virgin Media's agent in providing any part of Virgin Media Cloud shall be liable to you for any damage or loss suffered by you arising from or in connection with your use of Virgin Media Cloud.

12. Copyright, Trademark and Intellectual Property
All copyright, trade marks and all other intellectual property rights in all material or content supplied as part of Virgin Media Cloud will remain ours or, where applicable, our content partners.

13. Promotions and Advertising
We and/or our business partners may present advertisements or promotional materials on or through V Stuff. Your participation in any promotional event is subject to the terms and conditions associated with that event. Your dealings with, or participation in promotions by, any third party advertiser on or through Virgin Media Cloud are solely between you and such third party. You agree that we shall not be responsible or liable for any loss or damage of any kind incurred by you as the result of any such dealings or as the result of the presence of such third parties on Virgin Media Cloud.

14. Links to Third Party sites
Virgin Media Cloud may present links to third party websites not owned or operated by us. We are not responsible for the availability of these sites or their contents.

15. Changes to Virgin Media Cloud
15.1 Virgin Media Cloud is variable. We can change, replace or withdraw Accounts or elements of an Account at any time.
15.2 If anything we do under this clause 15 results in a change to your Subscription Payment we will confirm the change to you.