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JustFOIA Terms of Service

Last Modified: March 5, 2014

JustFOIA is a software product/service that is developed, maintained, and sold by MCC Innovations (MCCi) LLC. The term “JustFOIA” used throughout this documentation is defined as a software product/service that is developed, maintained, and sold by MCCi, and is used interchangeably with the term “MCCi”. Thank you for using JustFOIA! These terms of service (the “Terms”) govern your access to and use of JustFOIA (“we” or “our”) websites and services (the “Services”), so please carefully read them before using the Services. By using the Services you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and representing that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization. You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with JustFOIA and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.

Your Information & Your Privacy

By using our Services you will be providing us with information. You retain full ownership to your information and we do not assert ownership. These Terms do not grant us any rights to your information or intellectual property except for the limited rights that are needed to run the Services, as explained below. We may need your permission to handle your information as you direct, for example, hosting your files, or sharing them. You are giving us the authority we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services. To be clear, aside from the rare exceptions we identify in our Privacy Policy, no matter how the Services change, we will not share your content with others, including law enforcement, for any purpose unless you direct us to. How we collect and use your information generally is explained in our Privacy Policy. You are solely responsible for your conduct, the content of your files, and your communications with others while using the Services. For example, it is your responsibility to ensure that you have the rights or permission needed to comply with these Terms. We may choose to review public content for compliance with our community guidelines, but you acknowledge that JustFOIA has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.

Your Responsibilities

Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not JustFOIA, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spy-ware or any other malicious software to the Service. You are also responsible for the timely and accurate fulfilment of records requests, and ensuring that no classified, confidential, or illegal information is provided to the Service.

Account Security

You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify JustFOIA of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of data or files to JustFOIA, it is your responsibility to use a secure network to communicate with the Services.

JustFOIA Property and Feedback

These terms do not grant you any right, title, or interest in the Services, Software, or the technological components in the Services. While we appreciate user feedback, please be aware that we may use any feedback, comments, or suggestions you send us or post in our forums without any obligation to you. The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. These Terms do not grant you any rights to use the JustFOIA trademarks, logos, domain names, or other brand features.

Acceptable Use Policy

You agree that you will not misuse or attempt to misuse the Services, and that you will use the Services only in a manner consistent with the JustFOIA Acceptable Use Policy.

Copyright

JustFOIA respects the intellectual property of others and asks that you do, too. We will respond to notices of alleged copyright infringement if the notice complies with the law. We reserve the right to delete or disable content alleged to be infringing and to terminate those who infringe repeatedly. Our designated agent for notice of alleged copyright infringement on the Services is:

Copyright Agent JustFOIA, Inc.
PO Box 2235 Tallahassee, FL 32316

Other Content

The Services may contain links to third-party websites or resources. JustFOIA does not endorse and is not responsible or liable for third-party website availability, accuracy, the related content, products, or services. You are solely responsible for your use of any such websites or resources. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply.

Termination

Although we appreciate your business and want you to remain a JustFOIA customer for years to come, you have the right to terminate our Services any time. We also reserve the right to suspend or end the Services at any time, with or cause. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend use immediately.

JustFOIA is Available “AS-IS”

Though we want to provide a great service, there are certain things about the service we cannot promise. For example, THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. JustFOIA will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL JUSTFOIA, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT JUSTFOIA HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES PAID BY YOU TO JUSTFOIA FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Some states do not allow the types of limitations in this paragraph, so they may not apply to you.

Modifications

We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our sole discretion, is material, we will notify you ( e.g., via email to the email address associated with your account). Other changes may be posted to our terms page. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.

Miscellaneous Legal Terms

THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY FLORIDA LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF LEON COUNTY, FLORIDA, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and JustFOIA with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. JustFOIA’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but JustFOIA may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. JustFOIA and you are not legal partners or agents; instead, our relationship is that of independent contractors.

JustFOIA Privacy Policy

Last Modified: March 5, 2014

JustFOIA is a software product/service that is developed, maintained, and sold by MCC Innovations (MCCi) LLC. The term “JustFOIA” used throughout this documentation is defined as a software product/service that is developed, maintained, and sold by MCCi, and is used interchangeably with the term “MCCi”. This Privacy Policy provides our policies and procedures for collecting, using, and disclosing your information. Users can access the JustFOIA service (the “Service”) through our website via the specific URL provided, as well as through applications on Devices, through APIs, and through third-parties. A “Device” is any computer used to access the JustFOIA Service, including without limitation a desktop, laptop, mobile phone, tablet, or other consumer electronic device. This Privacy Policy governs your access of the JustFOIA Service, regardless of how you access it, and by using our Services you consent to the collection, transfer, processing, storage, disclosure and other uses described in this Privacy Policy. All of the different forms of data, content, and information described below are collectively referred to as “information.”
  1. The Information We Collect And Store

    We may collect and store the following information when running the JustFOIA Service:

    • Files. We collect and store the files you upload, download, or access with the JustFOIA Service (“Files”). We assume that you are only loading “Open Records” to the JustFOIA services. JustFOIA is not designed to safeguard confidential information such as social security numbers, CJIS information, HIPAA information, etc. The term “Open Records” is defined as information that is legally available for any/all public consumption. Customer indemnifies and holds harmless JustFOIA for any suits or claims arising from confidential data loaded by a customer.

    • Log Data. When you use the Service, we automatically record information from your Device, its software, and your activity using the Services. This may include the Device’s Internet Protocol (“IP”) address, browser type, the web page visited before you came to our website, information you search for on our website, locale preferences, identification numbers associated with your Devices, your mobile carrier, date and time stamps associated with transactions, system configuration information, metadata concerning your Files, and other interactions with the Service.

    • Cookies. We also use “cookies” to collect information and improve our Services. A cookie is a small data file that we transfer to your Device. We may use “persistent cookies” to save your registration ID and login password for future logins to the Service. We may use “session ID cookies” to enable certain features of the Service, to better understand how you interact with the Service and to monitor aggregate usage and web traffic routing on the Service. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all aspects of the Service.


  2. How We Use Personal Information

    • Personal Information. In the course of using the Service, we may collect personal information that can be used to contact or identify you (“Personal Information”). Personal Information is or may be used: (i) to provide and improve our Service, (ii) to administer your use of the Service, (iii) to better understand your needs and interests, (iv) to personalize and improve your experience, and (v) to provide or offer software updates and product announcements.

    • Geo-Location Information. Some Devices allow applications to access real-time location-based information (for example, GPS). Our mobile apps do not collect such information from your mobile device at any time while you download or use our mobile apps as of the date this policy went into effect, but may do so in the future with your consent to improve our Services. Some photos and videos you place in JustFOIA may contain recorded location information. We may use this information to optimize your experience. If you do not wish to share files embedded with your geo-location information with us, please do not upload them. If you don’t want to store location data in your photos or videos, please consult the documentation for your camera to turn off that feature. Also, some of the information we collect from a Device, for example IP address, can sometimes be used to approximate a Device’s location.

    • Analytics. We also collect some information (ourselves or using third party services) using logging and cookies, such as IP address, which can sometimes be correlated with Personal Information. We use this information for the above purposes and to monitor and analyze use of the Service, for the Service’s technical administration, to increase our Service’s functionality and user-friendliness, and to verify users have the authorization needed for the Service to process their requests.
  3. Information Sharing and Disclosure

    • Service Providers, Business Partners and Others. We may use certain trusted third party companies and individuals to help us provide, analyze, and improve the Service (including but not limited to data storage, maintenance services, database management, web analytics, payment processing, and improvement of the Service’s features). These third parties may have access to your information only for purposes of performing these tasks on our behalf and under obligations similar to those in this Privacy Policy. As of the date this policy went into effect, we use Peak10’s storage service to store some of your information (e.g. your Files). You can find more information on Peak10's data security from the Peak10 site.

    • Third-Party Applications. We may share your information with a third party application with your consent, for example when you choose to access our Services through such an application. We are not responsible for what those parties do with your information, so you should make sure you trust the application and that it has a privacy policy acceptable to you.

    • Compliance with Laws and Law Enforcement Requests; Protection of JustFOIA's Rights. We may disclose to parties outside JustFOIA files stored in your JustFOIA and information about you that we collect when we have a good faith belief that disclosure is reasonably necessary to (a) comply with a law, regulation or compulsory legal request; (b) protect the safety of any person from death or serious bodily injury; (c) prevent fraud or abuse of JustFOIA or its users; or (d) to protect JustFOIA’s property rights.

    • Non-private or Non-Personal Information. We may disclose your non-private, aggregated, or otherwise non-personal information, such as usage statistics of our Service.
  4. Data Retention

    MCCi performs regular backups of Just FOIA system data. Backups are retained for a period of 30 days. Data, not limited to but including, files and requests will remain in backup on our servers for 30 days after deletion from the Just FOIA system. Data which has not been deleted from the Just FOIA system will remain on our servers for the duration of our service provider agreement. In the event of termination of a service provider agreement, we reserve the right retain your data on backups for a period of 30 days after the agreement has been terminated. Retention periods can be extended at your request, however MCCi reserves the right to grant these extensions at their sole discretion. We may retain and use your information for a longer period as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. In addition, we do not delete files and other data from our servers that you have in common with other users.
  5. Security

    The security of your information is important to us. We follow generally accepted standards to protect the information submitted to us, both during transmission and once we receive it. No method of electronic transmission or storage is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our website, you can view Peak10’s site or contact us at security@JustFOIA.com.
  6. Contacting Us

    If you have any questions about this Privacy Policy, please contact us at PO Box 2235, Tallahassee, FL, 32316.
  7. Changes to our Privacy Policy

    This Privacy Policy may change from time to time. If we make a change to this privacy policy that we believe materially reduces your rights, we will provide you with notice (for example, by email). And we may provide notice of changes in other circumstances as well. By continuing to use the Service after those changes become effective, you agree to be bound by the revised Privacy Policy.

JustFOIA Security

Last modified: March 5, 2014

JustFOIA is a software product/service that is developed, maintained, and sold by MCC Innovations (MCCi) LLC. The term “JustFOIA” used throughout this documentation is defined as a software product/service that is developed, maintained, and sold by MCCi, and is used interchangeably with the term “MCCi”.

Security Overview

We provide this overview so that you can better understand the security measures we’ve put in place to protect the information that you store using JustFOIA.

Secure Storage

JustFOIA uses Peak10 for infrastructure co-location and physical security. Peak10 stores data over several large-scale data centers. You can find more information at the Peak10 site. JustFOIA also users enterprise grade firewalls and standard network security best practices.

Secure Transfers

Your files are sent between JustFOIA’s web interface and our servers over a secure channel using 256-bit SSL (Secure Sockets Layer) encryption, the standard for secure Internet network connections.

Your Data is Backed Up

JustFOIA keeps redundant backups of all data over multiple locations to prevent the remote possibility of data loss.

Privacy

A copy of our full privacy policy can be found at: https://www.JustFOIA.com/privacy. We guard your privacy to the best of our ability and work hard to protect your information from unauthorized access.

Third-party Apps

If you choose to access JustFOIA using third-party applications (“apps”), be aware that those apps utilize their own security protocols and have their own privacy policies. If you’re not comfortable with the privacy and security features of those apps, you shouldn’t use them to access JustFOIA. For example, third-party apps might not employ encryption when transmitting data, might collect information that JustFOIA does not, and might use information differently than JustFOIA does.

Compliance with Laws and Law Enforcement

As set forth in our privacy policy, and in compliance with United States law, JustFOIA cooperates with United States law enforcement when it receives valid legal process, which may require JustFOIA to provide the contents of your private JustFOIA. In these cases, JustFOIA will remove JustFOIA’s encryption from the files before providing them to law enforcement.

I think I've found a security exploit. Where do I report security concerns?

We take a number of measures to ensure that the data you store on JustFOIA is safe and secure. While we're very confident in our technology, we recognize that no system can guarantee data security with 100% certainty. For that reason, we will continue to innovate to make sure that our security measures are state of the art, and we will investigate any and all reported security issues concerning JustFOIA's services or software. For a direct line to our security experts, report security issues to security@JustFOIA.com.

JustFOIA Acceptable Use Policy

Last modified: March 5, 2014

JustFOIA is a software product/service that is developed, maintained, and sold by MCC Innovations (MCCi) LLC. The term “JustFOIA” used throughout this documentation is defined as a software product/service that is developed, maintained, and sold by MCCi, and is used interchangeably with the term “MCCi”.
We trust you to use our services responsibly.

You agree not to misuse the JustFOIA services. For example, you must not, and must not attempt to, use the services to do the following things.