Terms and Conditions
as at Wednesday 19th of November 2008 11:10:52 PM
FileTransfer User Agreement.
Welcome to FileTransfer, which is provided by FileTransfer.com LLC (referred to in this document as the “Company,” “We” and/or “Us”), the owner and operator of the site accessible through www.filetransfer.com and any other associated domains, assets and/or services (collectively referred to as the “Domains”) owned and or operated by the Company. These Terms of Use set forth the valid legally binding contract between all customers (“Users,” “You” and/or “Your”), individually and/or collectively, and the Company for the use of the Domains and all other associated content owned and operated by The Company.
Your affirmative act of using the Company’s Domains signifies and constitutes your acceptance of the Agreement and the Company’s Privacy Policy (collectively referred to as the “Agreement”). Please read the Agreement carefully as it forms a legally binding contract between you and the Company. Also, Click Here to print a copy of the Agreement for your records.
1. Description of Services
The Company provides Users with an online web application service that facilitates upload, transfer, download, sharing and storage of data files globally (collectively referred to as the “Service”). Data files refer to any computer files that a User uploads operates within or downloads from the system (collectively referred to as the “Files”).
2. Your Responsibilities
The Company’s Domains and its services may not be used for any purpose that is unlawful or prohibited by the terms, conditions and notices set forth in the Agreement. The legality of your use of the Company’s Domains and/or services is determined by the laws of the jurisdiction where the server housing the data in question are subject to. You may not use the Company’s Domains and/or services to transfer, share and/or store data that:
- Violates or infringes upon the rights of others including but not limited to patents, trademarks, trade secret, state/national secrets, copyright or other proprietary rights.
- Contains any type of malicious files, computer code, viruses, programs or any other material that limits, interrupts, damages or destroys the Company’s servers, software, Domains, hardware or any other assets owned by the Company, or those of other Users.
- Is unlawful, defamatory, obscene, tortuous, libelous, abusive, threatening, invasive of another’s privacy, hateful, ethnically/racially or otherwise objectionable.
- Encourages illegal conduct or conduct that could be construed as illegal
- Intentionally or unintentionally violates any applicable local, state, national or international law
- Interferes with the use of the Company’s Domains or services by other users.
- Violates the Terms set forth in the Agreement
You may not take any action to gain unauthorized access to any of the Company’s Domains, services, user accounts, customer information, hardware, computer systems, servers or networks through hacking or by any other means. The Company will take any action necessary to prevent the violations of these provisions and to enforce all stipulations set forth in the Agreement. The Company reserves the right to remove any transferred, shared, and/or stored content that violates the Agreement or is otherwise objectionable. The Company reserves the right to access, preserve and disclose your account information and/or transferred, shared and/or stored data files and/or data storage and transfer logs if required to do so by law or in a good faith belief that such actions are necessary to:
- comply with legal process
- enforce the terms set forth in the Agreement
- respond to viable claims that any data files and/or logs violate the rights of a third party
Realizing the international and global reaches of the Internet and that the Company’s Domains are web-based applications, you agree to comply with all local laws and rules governing online conduct and content. You agree to comply with all applicable laws regarding the transfer, sharing, and storing of data files.
4. Accounts and Passwords
In order to gain access to certain features and functionalities of the Domains you must register with the Company in the sign-up area. In creating an account, either as a “Full User” or “Free User” (collectively referred to as “Registered User”) you agree to provide the Company with current, accurate and complete information.
By signing up as a Registered User you knowledge and accept the responsibility of safeguarding your account information, including username and password, and agree not to disclose this information to any third party. You also agree to take full responsibility for any activity associated with your account, whether it is to your knowledge or not. You agree to keep your account information current and accurate and to notify the Company immediately of any changes in account information or unauthorized use of your password or other account information. Furthermore, you agree to ensure proper logout after your session is finished. The Company is in no way responsible and assumes no liability for failure to deliver notices or alerts resulting from inaccurate account information or other violation of the “Accounts and Passwords” section.
5. Privacy and Protection of Personal Information
The Company takes the issue of customer privacy on its Domains, networks and servers very seriously. Please see the Company’s Privacy Policy for details relating to the measures The Company takes to protect your personal information.
6. Digital Millennium Copyright Act Notice (Links to Other Websites)
The Company’s Domains may contain links to third party websites. Such websites are not under the control of the Company. Accordingly, by using the Company’s Domains and services you acknowledge and agree that the Company is not responsible for the availability, accuracy or content of such external websites. In providing links to third party websites, the Company is in no way endorsing opinions expressed, products and/or services offered by the website or giving any assurances as to its standing. The links are provided only as a convenience to you. If you decide to access websites linked from the Company’s Domains, you do so at your own risk.
7. Indemnification
YOUR USE: Users agree to indemnify and hold harmless the Company and its subsidiaries, affiliates, employees, owners and partners to any loss, liability, expense and/or claim, including but not limited to reasonable attorney’s fees and costs, resulting from a claim by any third party for your misuse of the Company’s Domains or any other actions undertaken by you that violate the terms of the Agreement or is in any way deemed unlawful.
DATA STORAGE: While the Company has made every effort to secure and protect your Files Users acknowledge and agree to indemnify and hold harmless the Company and its subsidiaries, affiliates, employees, owners and partners to any loss, liability, expense and/or claim, including but not limited to reasonable attorney’s fees and costs, resulting from either data loss or security breach as a result of either malicious act or hardware failure or act of God. It is the User’s responsibility to ensure that there is a backup of their Files either offline or on at least more than one of the servers provided by the Service.
8. Disclaimer of Warranties
You expressly understand and agree that:
a. Your use of the Company’s Domains and its services are at your own risk. Services are provided on an “as is” and “as available” basis. The Company disclaims all warranties of any kind, whether expressed or implied, including but not limited to the implied warranties of fitness for a particular purpose, merchantability, non-infringement, quality, performance, non-interference with information, and accuracy of informational content.
b. The Company makes no warranty that
(i) the service will meet your requirements
(ii) the service will be uninterrupted, timely, secure or error free
(iii) the results that are obtained from the use of the Company’s Domains and/or other services will be accurate or reliable
(iv) the quality of any products, services, information or other material purchased or obtained by you through the Domains or other services of the Company will meet your expectations; and (v) any errors in the software will be corrected
c. Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material
d. No advice or information, whether oral or written, obtained by you from The Company or through or from its Domains and/or services shall create any warranty not expressly stated in the Agreement
9. Limitations and Exclusions of Liability
You expressly acknowledge, understand and agree that the Company and its subsidiaries, affiliates, employees, owners and partners shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from:
1. The use or the inability to use the site;
2. Unauthorized access to or alteration of your transmissions of data;
3. Statements or conduct of any third party on the site;
4. Data loss or corruption of Files, or
5. Any other matter relating to the site, whether in an action of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of material and information available from this site.
If you are dissatisfied with the Domains, or any information contained thereon, or refuse to abide by the Agreement, your sole and exclusive remedy is to discontinue your use. Notwithstanding the foregoing, the Company’s liability to you shall be limited in all instances to the sum of the payments made for merchandise/services purchased through this site, but in no case shall such an amount exceed $1000. You further agree not to join in any lawsuit with another person or serve as a class representative of any class action lawsuit against the Company arising out of the use of the site.
The Company shall not be held liable for any representations on third party sites in relation to the information provided in the Company’s Domains.
10. Intellectual Proprietary Rights Notice
All logos, service marks, trademarks, trade names and any other proprietary designations of the Company (collectively referred to as the “Marks”) used herein are trademarks or registered trademarks of the Company. Any other trademarks, service marks and trade names are the trademarks or registered trademarks of their respective parties. You agree not to copy, display or in any other manner alter the copyright, trademark or other proprietary rights notices without written permission of the Company. Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, disparage or dilute these Marks and/or in connection with any product or service that is not authorized, sponsored, endorsed by, or affiliated with the Company.
The Company’s Domains and all object code and source code, text, graphics, multimedia content, including but not limited to images, illustration, audio and video clips, html and other mark up languages, and all scripts with the Domains associated therewith, are Copyright 2005, SinoLogic Ltd. the parent company of FileTransfer.com LLC (hereinafter referred to as SinoLogic). All rights reserved. The copyright and proprietary property of SinoLogic, may not be duplicated or used without SinoLogic’s express written consent.
Without limiting the foregoing, copying or reproduction of the materials, or the information or data contained in such materials, contained in this site to any other server or location for further reproduction or redistribution is expressly prohibited. Further, any use of the site material for any other purpose than as permitted herein is expressly prohibited by law, and may result in civil and criminal penalties.
11. Changes to the Terms of Use
The Company reserves the right to modify this Agreement from time to time and any such modification(s) will become effective immediately upon being posted by the Company on the Domains. It is your responsibility to check the Agreement periodically to stay abreast of any changes or modifications to its content. If you continue to use the Domains after the modified Agreement has been posted by the Company on The Company’s website, you are signifying your acceptance of any new or amended terms.
12. Termination
Your right to use the Company’s websites and services is automatically terminated if you violate any of the Terms of Use within the Agreement or any other rules or guidelines put forth in connection with the Company.
13. General Information
Entire Agreement. This Agreement constitutes the entire agreement between you and the Company and governs your use of the Domains, superseding any prior agreements between you and the Company with respect to the Domains. You may also be subject to additional terms and conditions that may apply when you sue or purchase certain other services of the Company or other third-party content and/or software.
Choice of Law and Forum. The Agreement and the relationship between you and the Company shall be governed by the laws of Delaware, USA without regard to it conflict of law provisions. You and the Company agree to submit to the personal and exclusive jurisdiction of the courts located within the county of the United States.
Waiver of Severability of Terms. The failure of the Company to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such rights or provisions. If any provision of the Agreement is found by a court to competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your FileTransfer account is non-transferable and any rights to your FileTransfer Username/ID, password or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Domains or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Agreement are for convenience only and have no legal or contractual effect.
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