Last Updated: May 18, 2018
This Membership Agreement sets forth the terms and conditions on which CameraFTP (a Division of Drive Headquarters, Inc.,
herein as "CameraFTP, "DriveHQ", or "We")
offers products and services to registered users ("Member", "You" or "User") of
Note this agreement does not apply to DriveHQ.com users.
PLEASE READ THIS MEMBERSHIP AGREEMENT CAREFULLY BEFORE REGISTERING TO BECOME A MEMBER.
YOU WILL BE REQUIRED TO ACCEPT THIS AGREEMENT IN ORDER TO BECOME A MEMBER.
The Membership Agreement is comprised of:
(a) All terms and conditions set forth herein;
(b) Legal notices and trademarks;
(d) Subscription Service Agreement for paying members
In light of the evolving nature of cloud-based
services, CameraFTP may post a notice on the Site, or broadcast messages through
the Service, to inform you of changes to this Membership Agreement, the Service,
or other matters of importance. Such posting or broadcast will constitute notice
to you. Any amendment to the Membership Agreement shall be effective
upon posting of the notice, or broadcast of the message. Your continued use of the
Service after such notice or broadcast will reaffirm your agreement to be bound
and to abide by this Membership Agreement as amended.
2. The Service
The term "Service" includes all functionality made available by CameraFTP on or through
the website, software, mobile apps and CameraFTP API. CameraFTP mainly offers cloud-based storage space for IP cameras and other security
CameraFTP may add to, delete from, or modify the Service. Unless explicitly
stated otherwise, any new products, services, information,
software or other features that augment or enhances the current Service,
will be subject to this Membership Agreement.
3. Membership Requirements
In order to use the Service, you must be over the age of 14.
You must first register as a Member. You agree to provide accurate
information, as prompted by the registration form, including an accurate email address
where you can be contacted.
Each Member is allowed to have only one Membership.
Membership is intended for personal or business use and is non-transferable.
You must choose a password. You are responsible for any activity that occurs under
your user ID. You agree to immediately notify CameraFTP of any unauthorized use of
your user ID or other breach of security in relation to the Service. You may use
the Service only for legitimate personal or business use.
4. Hardware and Bandwidth Requirements
Cloud surveillance and storage service requires at least one surveillance device. CameraFTP supports the following protocols:
FTP, SFTP, SMTP, SMTP over SSL and FTP over SSL. Most IP cameras are
compatible with our service. It is Members' own responsibility to obtain a secure, high quality and compatible IP camera
or other surveillance device. Members may also use
our Mobile Security Camera app or Virtual Security System software as an IP camera.
Uploading IP camera images or video clips to the cloud may require a lot of network bandwidth. High-speed Internet connection is required to use our
service. Members must make sure to have enough bandwidth, esp. the upload bandwidth.
If you use Wi-Fi, you also need to make sure that all devices are within the Wi-Fi range and your Wi-Fi network is not
congested. If you must place a camera in a location that is out of the Wi-Fi range, you can connect the camera to the router using
an Ethernet cable, or a Wi-Fi range extender may also work.
CameraFTP shall not be responsible for any service or security issues caused by your own device or your network.
5. Private Cameras; Shared or Published Cameras
"A Camera" is a folder on CameraFTP.com that contains images or video clips uploaded by your camera or CameraFTP camera app.
"A Private Camera" is a folder on CameraFTP.com that you have not shared or published to other users. To access
recorded data in a Member's private camera, the Member must log on with his/her CameraFTP username and password.
"A Shared or Published Camera" is a folder on CameraFTP.com that a Member has shared to
certain people or published for anybody to access.
If you share or publish a camera, you must ensure that all recorded contents are
appropriate for sharing or publishing. Additional download bytes might be required if
you have a lot of users viewing your cameras or download the recorded data.
You agree not to transmit, upload, display, publish or distribute through
any part of the Site, any camera data that:
(a) Contains scenes that you don't have complete right to monitor or record;
(b) Interferes with the privacy rights of any person, or impersonates any person;
(c) Contains violent, pornographic, or other offensive or inappropriate scenes.
(d) Uses materials of others that are protected by copyright, trademark or trade
secrets, patent or other intellectual property law without the express permission
of the author or owner;
(e) Violates anyone's copyright, moral rights, author's rights, trade secrets, trademark
rights, patent, or other intellectual property or other rights;
6. Price and Payment
CameraFTP service price is dependent on the following parameters: (a) Recording type: Image recording or video recording;
(b) Image / video resolution; (c) Retention days; (d) Motion-triggered recording or continuous recording; (e) Number of camera licenses.
"Number of camera licenses" means the number of cameras that can be configured to upload data to CameraFTP servers.
After you order a subscription, please make sure your cameras are configured not to exceed the parameters of the order.
CameraFTP service is billed monthly or annually.
If you ordered a subscription or multiple subscriptions, you are responsible to make service payments on time. CameraFTP
offers 1-month grace period. If your account is past due for over 1 month, CameraFTP may apply a late fee of $10, or 1 month of your
service fee, whichever is smaller. CameraFTP may also limit your service features.
In order to avoid service disruption, it is recommended using Automatic Debiting.
7. Service Upgrade, Downgrade, Cancelation and Refund Policy
CameraFTP offers free trial service or limited free service to Members. CameraFTP does not
offer any technical support after free trial service expires. Free trial service or free service is limited to one camera license only.
Users should try the free service first before ordering a subscription. CameraFTP does not offer refunds after a charge
has been applied. Based on the circumstance, CameraFTP may offer a service credit that can be used on both CameraFTP.com and DriveHQ.com.
If you need more camera licenses or need to configure cameras with higher parameters, you can order a new subscription.
If you want to Upgrade / Downgrade an existing subscription, you can do so by logging on to www.CameraFTP.com.
From the Subscribe page, click "Current Subscriptions" to see a list of subscription plans.
You can select a plan to upgrade or downgrade. (Note the steps may change in the future)
To cancel a subscription, you can select a plan in the "Current Subscriptions" page, then click Cancel to cancel it.
You must ensure that you have deleted your cameras online and that your cameras are
re-configured not to connect to CameraFTP cloud servers. Otherwise, your cameras will still use CameraFTP server resources and
your cancelation is not considered complete.
You shall cancel a subscription by yourself; CameraFTP support staff cannot help because you must
delete your cameras and the recorded files, and reconfigure your cameras not to connect to CameraFTP servers.
CameraFTP service is billed monthly or annually. Ordering annual service may save you two months
of service fees per year in some cases.
Ordering a new subscription does not automatically cancel an old subscription. The new subscription will be added to your existing subscriptions,
and you will be charged for each subscription. You can cancel your old subscriptions online at any time.
Your monthly billing date is the day of month when you signed up a free account. Your billing date will not change regardless
of the number of orders, cancelations or upgrades. If a subscription is not ordered on your billing date, then
your first billing date will be in less than one month. CameraFTP will automatically apply a partial-month credit so you will not be overcharged.
To avoid service disruption, we recommend using Automatic Debiting. CameraFTP supports major credit cards and PayPal. We also support
checks, bank wires and ACH if the payment amount is over $100.
9. License Grant and Intellectual Property Rights
CameraFTP will not assume any copyright or ownership of contents recorded or uploaded by members.
With respect to your Private Camera content, you grant CameraFTP and its contractors
the right to access your Private Camera content only for customer support or improving
site operations, and complying with applicable laws.
With respect to your Published Camera content, you grant CameraFTP the right for CameraFTP
and third parties to access or view the portions of your Published Camera content.
You can stop publishing any contents or delete your contents at any time.
You acknowledge and agree that certain technical processing or reformatting of your
Camera Content may be required to improve system performance or for other technical reasons.
As between CameraFTP and you: you will own all your recorded data in all camera folders,
whether you share / publish the camera or not. You can delete, stop sharing/publishing your cameras at any time;
CameraFTP owns all rights, title and interest (including all intellectual property
rights) in and to the Site, the Service, the technology, information, documents,
files, web pages and other products developed in connection with the Site or available
on the Site.
You agree not to translate, reverse engineer, reverse compile, disassemble or create
derivative works from software programming contained in the Site or the Service.
10. Member Profiles
Member Profiles are intended to be brief descriptions of Members' interest and
contact information. Any information you place on your Member Profile is inaccessible
to anyone visiting the Site, unless you have shared or published it, or you are a sub-user
of a group account. You agree not to
attempt to hide your identity or represent yourself
as someone else.
11. Responsibility for Private Camera contents
CameraFTP does not as a policy review or screen any image or video files uploaded to a
private camera folder, unless we have sufficient reason to believe the account has been hacked or
violates our service terms.
You are solely responsible for the Camera Content that you record to CameraFTP cloud storage.
You agree not to use the Service for illegal purposes. Your use of the Service
is subject to all applicable local, state, national and foreign laws and regulations, and international
You represent and warrant that (a) you have the right to enter into this Membership
Agreement without any other approvals; (b) you have the right to monitor, record, upload, share, publish,
and view the Camera contents linked to your CameraFTP user ID; (c) you have the right to grant
the licenses granted herein; and (d) the use by CameraFTP of the rights that you grant
CameraFTP in this Membership Agreement will not violate the rights of any third parties,
including without limitation your employer and your clients.
12. Responsibility for Shared or Published Camera contents
You agree not to share or publish images or videos that:
(i) Contain or display any expression of bigotry, racism, or hatred, or is ethnically
offensive, objectionable or inappropriate;
(ii) Is or might be perceived by CameraFTP or CameraFTP members or users, as defamatory,
libelous, disparaging, obscene, pornographic, profane, threatening, abusive, deceptive,
offensive, vulgar, ethnically offensive, objectionable or inappropriate, including
nudity, adult content, illegal content, content of a sexual nature, and unacceptable
(iii) Is inconsistent with the values or the spirit of the CameraFTP Community, as
determined by CameraFTP in its sole discretion;
13. Illegal Activities
It is CameraFTP's policy to report suspected illegal activities to law enforcement
agencies and to cooperate fully with their investigations
14. Warranty, and Disclaimer of Warranty
The Service and the Site, including all content, products, software, apps, services and information
made available or accessed through the Site, are provided "AS IS", with no warranties
of any kind. Uploading recorded data to CameraFTP cloud server is at your own risk
and in your sole discretion.
CameraFTP makes no representation or warranty of any kind
(a) that the Site or Service will meet your requirements;
(b) that defects in the software for the Service will be corrected;
(c) that the Service will be timely, secure, error free, uninterrupted;
(d) that the Service or any content, product, services or information on the Site
are accurate, correct, reliable or complete;
(e) that recorded camera data will be available for access
or download at all times or indefinitely;
CameraFTP expressly disclaims all warranties of any kind, whether express or implied,
including but not limited to any warranty of merchantability, fitness for a particular
purpose or non-infringement of any products, content, information or service published
on, or available through the Site or the Service.
Some jurisdictions do not allow the exclusion of certain warranties, if so, some of the
above exclusions may not apply to you.
15. Disclaimer of Damages; Limitation of Liability
Even if CameraFTP, or any of its authorized representatives have been advised of the
possibility of such damages, under no circumstances (including but not limited to
CameraFTP's negligence), shall CameraFTP be liable for any direct, indirect, consequential,
incidental, special or punitive damages for any claim, loss and/or causes of action,
whether in contract, tort (including but not limited to negligence) or otherwise.
(a) the quality, reliability, accuracy, completeness, security, of the Service;
(b) any modification, publication, display, deletion, failure to store, failure to delete,
loss of access that result from your use of the Site or the Service;
(c) any harm, errors, omissions, cost, losses, or damages arising from the use of,
or inability to use (whether because of interruption, suspension, termination or
otherwise) of the Site or the Service.
(d) any failures, delays, misdeliveries, or interruptions in the Service;
(f) any unauthorized access to or alteration of recorded data; or
(g) the cost of procurement of any substitute goods or services.
Some jurisdictions do not allow the exclusion or limitation of consequential or
incidental damages, and therefore, the above limitation may not apply to you. Some
Members may have additional rights.
If, despite the above limitations, CameraFTP were found responsible to
a Customer for any reason whatsoever, this liability shall not exceed 2 months of service fees.
It is CameraFTP's policy to respect the privacy of all of its customers. For more
17. Accessing Published Camera content and Site content
Domestic and foreign copyright, trademark, patents, and other intellectual property
rights law and international treaties, and other laws, protect all material, data,
text, images, photos, video, graphics, music, sound and audio files available on
the Site ("Site Content"), both as individual works and as a collection. Unless
authorized, you may not copy, reproduce, display, perform distribute, or create
derivative works from the Site Content, without being expressly authorized to do
so by the owners of the intellectual property or proprietary rights in such Content.
You may download or use individual files that are available in the Published Cameras area
of the Site only for personal and non-commercial use. You may not copy, reproduce, retransmit, distribute, publish,
commercially exploit, or otherwise transfer any content in a Published Camera in any
format, electronic or otherwise.
18. Copyrighted Material
CameraFTP respects the intellectual property of others, and requires that its users
and Members do the same.
You may not place any material protected by copyright anywhere on the Site without
the express permission of the author or owner of the copyright in that material.
CameraFTP will promptly take down or block access to infringing or allegedly infringing
material on its servers if CameraFTP becomes aware that such material infringes the
copyright rights of a third party, whether CameraFTP identifies such infringement
in the course of its ordinary and reasonable business activities, or through notification
by a third party. CameraFTP will promptly contact the Member responsible for the Member
Content, and alert him or her of the allegations of infringement, and of CameraFTP's
take down or blocking of the allegedly infringing material. If the Member believes
that the removal or blocking of his or her material was a result of a mistake or
a misidentification of the material, the Member shall provide CameraFTP a counter-notification
establishing the Member's rights to display the material in question, as well as
any other information CameraFTP shall request. Upon receipt, CameraFTP will promptly
forward the counter-notification to the party that claims to be the copyright owner.
If that party then does not file suit to enjoin the alleged infringement, CameraFTP
will re-post or unblock the material within 14 days after receiving the counter
If you believe that your work has been copied in a way that constitutes copyright
infringement, and appears on the Site, please provide CameraFTP the following information:
1. an electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on
4. your address, telephone number and email address;
5. a statement by you that you have a good faith belief that the disputed use is
no authorized by the copyright owner, its agent or the law;
6. a statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright owner or authorized to
act on behalf of the copyright owner
You are responsible for your Camera Contents and the consequences of its use
and publication, you agree to indemnify and hold CameraFTP, its parents, subsidiaries,
affiliates, officers, employees, licensors, contractors and users harmless from
and against any and all claims, demands, and expenses, including attorneys' fees,
made by any third party, due to or arising from: (a) your use of the Site or the
Service; (b) your violation of this Membership Agreement; (c) your violation of
a third party's privacy rights; (d) your violation or infringement of a third party's
copyright, trademark, trade secret, patent, or other intellectual property rights;
(e) any libelous or unlawful material contained within your Member Content.
20. Force Majeure
CameraFTP is not liable for any service issues resulting directly
or indirectly from causes beyond its reasonable control, including, without limitation,
failure of the Internet, fires, floods, storms, explosions, act of God, war,
governmental actions, orders of domestic or foreign courts, non-performance of third
parties, distributed denial of service attack.
21. Termination of Service
If you object to any portion of this Membership Agreement, or any subsequent
modification thereto, or become dissatisfied with the Service, the Site, or any
text, images, video, audio or other Site
Content, or any transaction entered into through the Site or Service, your only
recourse is to immediately discontinue use of the Service and notice CameraFTP
of such termination. The preceding sentence sets forth your sole and exclusive
remedy regarding any objection to the terms of this Membership Agreement, or
any dissatisfaction with the Service or the Site.
For free service users, CameraFTP reserves the right, in its sole discretion, to temporarily disable or terminate your Service
(which includes to edit, delete, or remove any postings from the site) with or without notice, with or without cause,
and without liability of any kind. CameraFTP may also disable a paying member’s service if they are suspect or
guilty of violating these Terms. Reasons for suspending service include but are not limited to:
- (a) the use of services in a manner that will make CameraFTP legally liable;
- (b) the suspicion or detection of malicious activity such as hacking or illegal surveillance. If CameraFTP
in its determination elects to terminate or disable your Service access, we will use commercially reasonable
efforts to notify you through the Service and/or to the registered email addresses. By signing up with CameraFTP,
you acknowledge that if your access to the Service is suspended or terminated, you may not have access to the
Content stored with the Service. CameraFTP may retain certain materials for administrative, legal,
or other related reasons.
Paying members can cancel their subscriptions online at any time without contacting CameraFTP customer support.
After canceling the subscription(s) online, the member shall reconfigure or stop his/her cameras so that they no longer
connect to CameraFTP servers.
Free service members can delete their CameraFTP accounts by first deleting all camera folders in their CameraFTP accounts.
Actual Account Deletion for free service members will be processed later
in batch operations. Free service members can also delete their accounts online or contact CameraFTP customer
support via email.
CameraFTP may, in its sole discretion, require Free Service Members to log on periodically
to maintain account Active Status. If a Member does not log on for over 3 months, CameraFTP may
deem the account as inactive. Such accounts may be deleted, or files and emails in the accounts be deleted.
Paying members with good account status are exempted from this requirement.
If in a rare case CameraFTP terminates a Paying Member's membership without the user breaching this Agreement,
CameraFTP shall provide at least 3 months' advanced notice. Such notice is not required if the member breached
the service agreement, or if the member engaged in any illegal activities.
CameraFTP has a standard no-refund policy. Members are recommended using the 3-day free trial before paying
for the service. Members can also order monthly service vs. annual service to minimize the risk. The no-refund
policy is created to prevent service abuses and lower operational cost so that CameraFTP can pass the cost-savings
to its customers. Members can request a service credit if they have un-used credit of more than one month.
The un-used service credit can be used later, transferred to another CameraFTP member or
If in a very rare case CameraFTP terminates a Paying Member's membership without the Member breaching this Agreement,
CameraFTP shall offer prorated refund to the member. If in a very rare case, CameraFTP terminates a Free-Service
user's membership without the user breaching this Agreement, CameraFTP shall allow the user to download its contents,
if the content has not been
If a free service member has not logged on to the service for over 2 years, it is considered the member has abandoned the account.
CameraFTP reserves the right to take any actions to the account and the contents in the account.
22. Notices & Questions
All notices from a Member to CameraFTP shall be in writing, and shall be made or delivered
to CameraFTP via email or conventional mail.
If you have any question about the Service or this Membership Agreement, please
feel free to contact us at firstname.lastname@example.org.
23. Choice of Law
This Membership Agreement shall be constructed and controlled by the laws of the
State of California, excluding its conflict of law provisions. With the exception
of CameraFTP's rights to pursue injunctive relief in any court of competent jurisdiction,
you agree to submit to the exclusive jurisdiction of the state and federal courts
of the State of California.
This Membership Agreement constitutes the entire agreement between you and CameraFTP
with respect to the Service; and your Camera contents, and it supersedes any other
agreement, proposals and communications, written or oral, between you and any CameraFTP
representatives with respect to the Service and your Camera contents.
If a court of competent jurisdiction holds that any provision of this Membership
Agreement is illegal, unenforceable, or contrary to law, such provision shall be
construed, as nearly as possible to reflect the original intent of this Membership
Agreement, with the other provisions remaining in full force and effect.
Any failure by CameraFTP to exercise or enforce any right or provision of this Membership
Agreement shall not constitute a waiver of such rights or provision unless CameraFTP
acknowledges and agrees to it in writing.
CameraFTP may assign this Membership Agreement to any third party at its sole discretion.
You shall not assign or sublicense the rights granted under this Membership Agreement
without the prior written authorization of CameraFTP.
You and CameraFTP agree that any cause of action arising out of, or related to the
Service or the Site must commence within one (1) year after the cause of action
arose, otherwise, such cause of action is permanently barred.