Terms of Service
This File Convoy Service Agreement (the "Agreement") describes the terms and conditions on which File Convoy ("we" or "our company") offer services to you ("Customer" or "You"). By using File Convoy Service, Customer agrees to be bound by the following terms and conditions.
1. Description of the Service
The Service gives an user the ability to exchange files with some other party. The Service operates by storing the uploaded files on a File Convoy server, Optionally sending an email to the recipient(s) notifying them that some files are in transit for them. Alternately, the sender may choose to distribute himself a retrieval link to the other parties. The recipients may then retrieve the files. Optionally, on retrieval, the sender may receive a notification. You acknowledge and agree that File Convoy may establish general practices and policies concerning use of the Service, including, without limitation, the maximum number of files that an user may upload through the Service, the maximum size of the files that an user may upload through the Service, the maximum number of hours or days that a file will be stored by the Service, and the maximum number of times an user may access the Service in a given period of time. File Convoy reserves the right to change or end the Service at any time.
2. Copyright Policy
File Convoy respects the intellectual property rights of others and expects our users to do the same. Unauthorized copying, modification or distribution of a copyrighted work is an infringement of the copyright holder's rights and is therefore prohibited. You agree to comply with the terms of File Convoy's Copyright Policy.
3. Responsibility for Data
Customer has sole responsibility and liability for the data stored on File Convoy's servers. You acknowledge and agree that File Convoy will not be responsible for any failure of the Service to deliver an user's file or store a user file. You have sole responsibility for all user's files and uploaded files that you store on File Convoy's servers through use of the Service. You acknowledge and agree that File Convoy will not be responsible for the deletion of an user's file stored on the Service, or for the corruption of or loss of any data, information or content contained in an user's file. You bear full responsibility for archiving your data and sole liability for any lost or irrecoverable data.
4. Copyright Notices
All information and content on the website of File Convoy or made available to its suppliers and users are ©2007 File Convoy. All right reserved. You may not reproduce, modify, or prepare derivative works based on, distribute, sell, transfer, publicly display, publicly perform, transmit, or frame the Service including partially. You acknowledge that all materials provided on this Web site, except those uploaded by users, are owned by File Convoy and/or its Third Party Suppliers.
5. Conditions of use
As a condition to your use of the Service, you agree not to upload or transmit any data, text, graphics, content, or material that:
- may lead to disgraceful comments about the hair cut of the programmer;
- is related to child pornography or any other material intended to mislead or harm children;
- promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual;
- promote any act of cruelty to animals;
- is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially or ethnically objectionable;
- any other illegal activities such as treason or terrorism (this may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons);
- violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- infringes another's rights, including any intellectual property rights;
- impersonate or misrepresent your affiliation with any person or entity;
- spreads messages of terror or depicts torture;
- Access, tamper with, or use any non-public areas of the Service or File Convoy's computer systems or the technical delivery systems of File Convoy's suppliers;
- Attempt to probe, scan, or test the vulnerability of the Service or any related system or network or breach any security or authentication measures;
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Service;
- interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
- misuse system resources including, but not limited to, employing content which consumes excessive CPU time or storage space; using excessive bandwidth; or resale of access to content hosted on File Convoy servers;
File Convoy may involve and cooperate with law enforcement authorities in prosecuting to the fullest extent of the law users who violate these Terms of Use. You acknowledge that File Convoy has no obligation to monitor or investigate your access to or usage of the Service, but has the right to do so for the purpose of operating the Service, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.
6. Disclaimer of Warranties
You expressly understand and agree that:
- your use of the Service is at your sole risk. File Convoy Service is provided on an "as is" and "as available" basis. File Convoy and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. File Convoy and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of our Service, software, or content;
- File Convoy makes no warranty that
- the Service will meets your requirements;
- the service will be uninterrupted, timely, secure, or error-free;
- the results that may be obtained from the use of the service will be accurate or reliable;
- the quality of any products, services, information, or other material purchased or obtained by you through the Service will meets your expectations;
- any errors in the software will be corrected;
- any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that result from the download of any such material;
- no advice or information, whether oral or written, obtained by you from us or through or from the Service shall create any warranty not expressly stated in these terms and conditions.
7. Links
The Services may make available links to third-party websites. You acknowledge and agree that File Convoy is not responsible or liable for:
- the availability or accuracy of such websites;
- the content, products, or services on or available from such websites.
Links to such websites do not imply any endorsement by File Convoy of such websites or the content, products, or services available from such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites.
8. Indemnity
You agree to defend, indemnify, and hold harmless File Convoy , its affiliates, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from your use the Service, or your breach of this Agreement or other File Convoy policies, terms and conditions.
9. Limitation of Liability
Your use of File Convoy is at your own risk. If you are dissatisfied with any aspect of our Service or with these terms of service, or any other rules or policies, your sole remedy is to end the usage of the Service. You expressly understand and agree that File Convoy shall not be liable for any direct, indirect, incidental, special, consequential exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from:
- the use or the inability to use the Service;
- the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered through or from the Service;
- unauthorized access to or alteration of your transmissions or data;
- statements or conduct of any third party on the service;
- any other matter relating to the Service.
10. Severability
In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and affect. Headings in the Terms of Service are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
11. Notices
File Convoy may provide you with notices, including those regarding changes to the Service by posting them on the Service.
12. Waiver
The failure of File Convoy to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.
13. Relationship
Users and File Convoy are independent. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
14. Assignment
Customer may not assign any of its rights, or delegate any of its duties, under this Agreement, and any attempted assignment will be null and void.
15. File Convoy Confidential Information
You represent and warrant to File Convoy that
- you are not a competitor of File Convoy;
- you shall keep publicly unannounced information and materials pertaining to File Convoy, pre-release software, testing or testing procedures strictly confidential;
- you shall not use any information gained from access to the File Convoy Web site or use of the File Convoy Service to compete with File Convoy in its business.
16. Controlling Law and Jurisdiction
These Terms of Service and any action related thereto will be governed by the laws of Canada without regard to its conflict of law provisions. The Canada courts shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these terms and conditions.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding copyright and the transmission of technical data exported from the country in which you reside. In every cases, the more restrictive law must be enforced.
For the exclusive benefit of File Convoy and to the extent possible in the applicable jurisdiction, File Convoy shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these terms and conditions are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these terms and conditions or (if different) the country of your principal place of business.
17. Entire Agreement
These Terms of Service are the entire and exclusive agreement between File Convoy and you regarding the Services, and these Terms of Service supersede and replace any prior agreements between File Convoy and you regarding the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other File Convoy services, affiliate services or third-party content software or services. Please be aware that File Convoy reserves the right to cancel any transmission they find in violation of any of the above policies.
If you have any questions about these Terms of Service, please contact File Convoy at contact us.
Complaints about violators of the Terms of Service Policy should be sent via contact us. Each complaint will be investigated and may result to immediate cancellation of Services without prior notice.
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