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Terms of Service
Last Updated: 01/09/2009
This is a legal agreement between you and FileForward Limited herein referred to as “FileForward”.
By accessing or using any website hosted under the fileforward.com domain, herein collectively referred to as “Websites”, or by accessing or using in part or in whole the FileForward services including without limitation data transmission, data storage, data management, file access and exchange of files via the web with one or more recipients, herein referred to as the “Service”, you agree to be bound by these Terms of Service and the FileForward Privacy Policy, collectively referred to as the “Agreement.”
FileForward reserves the right to revise the Service, these Terms of Service and the Privacy Policy from time to time and to post the changes to the Websites. You acknowledge and agree to be bound by any Terms of Service and Privacy Policy in effect each time you access or use the Service. If you do not agree to any revised Terms of Service or Privacy Policy you must stop using the Websites and the Service immediately.
FileForward may at its sole discretion modify, suspend or discontinue the Service either temporarily or permanently at any time.
Services and Accounts
The Service is offered in a number of different subscription packages as advertised on the FileForward website located at www.fileforward.com.
In order to use the Service, you must register and create an Account and select a subscription package. You agree to provide accurate, current and complete information during the registration process and have sole responsibility to keep this information up to date.
FileForward reserves the right to revise the names, features, quotas and prices of the subscription packages, including without limitation, the maximum number of users per Account, the maximum size of a file that a user may upload, the maximum allowable Storage or monthly Bandwidth per Account and the features available in each subscription package.
Notwithstanding the foregoing, the features and quotas in effect when you register your Account with a then current subscription package will remain in effect for the remainder of such subscription term.
You are responsible for safeguarding your password and agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify FileForward of any unauthorized use of your password.
Payment
The Service is based on monthly non-refundable subscriptions with recurring charges payable in advance. When you register for an Account and at any time thereafter, you can select your desired subscription package for your Account. You agree to pay the monthly charge for your selected subscription package and any applicable taxes that arise in relation to your use of the Service.
When you register for an Account, your Account will operate in “Free Trial” mode for a period of time as advertised on the then-current FileForward website located at www.fileforward.com and as stated on your registration confirmation.
At any time during the “Free Trial” period, you may select to purchase the subscription of your chosen package for your Account, thereby ending your “Free Trial” period and removing any associated “Free Trial” limitations of the Service.
Unless you cancel your Account prior to the end of the “Free Trial” period, your Account will become “Live” and your credit card charged for the appropriate fee for your selected subscription package including any applicable taxes.
Should your credit card fail, your Account will automatically be disabled until such time as you log in and update your credit card details and pay any outstanding invoices. During the time your Account is disabled, you or other users of your Account will not be able to access their data or make use of the Service.
In line with UK tax regulations, Value Added Tax (VAT) will be charged at the specified rate, currently 15%, if you are either a registered UK business and the FileForward service is not going to be used to exchange files with any business or person outside the EU, or if you are based in the EU and the FileForward service is not used for business purposes.
You can upgrade your subscription package at anytime and agree to immediately pay a pro-rata payment based on the time of upgrade until the end of your then-current monthly subscription period including any applicable sales taxes. You also agree to pay the monthly charge for your upgraded subscription package including any applicable sales taxes every month thereafter.
Upon downgrading subscription packages, FileForward will not refund any fees paid by you. You can downgrade your subscription package at anytime, however, the changes will not be applied to your Account until the end of your then-current monthly subscription period. When you downgrade you will be notified of any features that will be removed from your Account as a result of the downgrade. By downgrading, you agree to accept the removal of such features from your Account and further agree to download any data held in such features of your Account prior to the downgrade taking affect and also agree to indemnify FileForward for any data lost as a result of your Account downgrade.
Usage policy
You expressly agree not to:
- Upload, store, transmit, route or connect to any unlawful, false, misleading, pornographic, offensive, obscene, defamatory or any other material that infringes or violates, or promotes infringement or violation of any copyrights or intellectual property rights of any third party, or promotes radical or fundamental behaviour or violates any other applicable laws.
- Use, tamper with, attempt to tamper with, access or attempt to access any non-public areas of the Service or the networks or computer systems used in the provision or delivery of the Service whether owned and operated by FileForward or its delivery providers;
- Probe, scan, test the vulnerability or attempt any probing, scanning, or vulnerability testing of the Service or any networks or computer system used in the provision or delivery of the Service whether owned and operated by FileForward or its delivery providers;
- Breach or attempt to breach any security or authentication mechanisms used by the Service, or any networks and computer systems used in the provision or delivery of the Service whether owned and operated by FileForward or its delivery providers;
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used in the provision or delivery of the Service;
- Interfere with or attempt to interfere with other users or Accounts of the Service in any way or interfere or attempt to interfere with the access of other users, hosts or networks to the Service in any way, including but not limited to sending viruses, worms, malicious code, overloading, flooding, spamming, or mail-bombing the Service;
- Send unsolicited email, junk mail, spam, chain letters, or promotions or advertisements for products or services;
- Impersonate or misrepresent your affiliation with any person or entity.
FileForward reserves the right to prosecute any violation of these terms and may involve and cooperate with law enforcement agencies.
You acknowledge and agree that FileForward has the right to monitor your access and use of the Service for the purposes of the reporting features of the Service, the operation of the Service or to ensure compliance of the terms of this Agreement or other applicable laws or legal orders.
Data ownership
You acknowledge and agree that you have sole responsibility for all files uploaded, downloaded, stored or otherwise transmitted through your Account either by you or any other User of your Account. You also hereby grant to FileForward a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, copy, distribute and process such files through the Service.
You acknowledge and agree that FileForward will not be responsible for any loss or damage of any data in your Account due to any failure of the Service.
FileForward reserves the right at any time to remove files and or terminate Accounts at its sole discretion that it believes to be in violation of this Agreement.
Proprietary rights
The title, rights and all interest in and to the Service are the exclusive property of FileForward and its licensors. The Service is protected by copyright and trademark. You may not distribute, sell, reproduce, modify, prepare derivative works based upon, transfer, publically display or perform, transmit or other wise use the Service except as expressly permitted in this Agreement.
FileForward, the FileForward logo, and all other FileForward trademarks, service marks, product names, and trade names of FileForward appearing on the Service are owned by FileForward. All other trademarks, service marks, product names, and logos appearing on the Service are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on the Service without the owner’s prior written consent.
Termination
You can cancel your Account at anytime using the Account Settings feature of the Service and in doing so your Account will be marked for cancellation. However, the actual termination of your Account will not take place until the end of your then-current monthly subscription period at which point all data and settings in your Account will be automatically and permanently deleted.
Whilst your Account is marked for cancellation and prior to the actual termination of your Account as noted above, should you change your mind and wish to continue with your Account subscription you may request to cancel the termination of your Account using the Account Settings feature of the Service. You acknowledge and agree that all requests to cancel a termination of an Account must be received and processed within adequate timeframes and FileForward will not be liable or held responsible for any information or data lost during the Account cancellation or cancellation of termination processes.
Upon cancellation, FileForward will not refund any fees paid by you.
By cancelling your Account you agree to take full responsibility for downloading any data held in your Account prior to the termination date and agree to fully indemnify FileForward for any data lost as a result of your Account termination.
FileForward reserves the right to change or discontinue the Service at any time and agree to provide notification of such change or discontinuation to all Account owners. In the event of such discontinuation, FileForward will refund any fees paid by you, pro-rated proportionally to the amount of time remaining in the then-current monthly subscription period.
In the event you breach this Agreement, FileForward reserves the right to terminate this Agreement with immediate effect and to disable your Account without notice. In such cases, FileForward will not be liable to refund any fees paid by you.
Indemnity
You acknowledge and agree to defend, fully indemnify and hold harmless FileForward and all its employees, directors, licensors, suppliers and agents from and against any damages, liabilities, claims, losses and legal or any other expenses arising out of or in any way connected with your use of the Service, or your violation of the terms of this Agreement.
Disclaimer
FileForward will do its utmost to ensure the Service is available on a 24/7/365 basis. However, the Service is provided “as-is” without any warranty, either express or implied and FileForward does not warrant the Service will be completely error-free, secure, available without any interruptions, or completely meet your requirements.
You acknowledge and agree that your use of the Service is at your own risk and FileForward will not be responsible for any damages or losses to your data or computer systems, or the data or computer systems of any third parties arising from the use of the Service.
Limitation of Liabilities
FileForward shall not in any way be liable to you or a third party for any direct or indirect, punitive, special, incidental or consequential damages of any type what so ever arising from the use of the Service, the inability to use the Service, or the use or transmission of data uploaded or download through the Service.
Under no circumstances shall FileForward’s total liability to you or any third party for any and all claims arising out of or in connection with the use of the Service exceed the monthly charges for your then-current subscription package during the month of the event giving rise to such a claim.
General
The sale, lease or transfer by any means either in full or in part of any rights arising from this Agreement is expressly excluded. Nothing in this Agreement shall constitute a partnership or joint venture between you and FileForward.
If any provision of this agreement should be held to be unenforceable or invalid for any reason, such unenforceability or invalidity shall not affect the enforceability or validity of the remaining provisions, and the parties will substitute for such provisions an enforceable and valid provision, which closely approximates the intent and economic effect of the unenforceable or invalid provision. The failure of FileForward to enforce any provision in this Agreement shall not constitute a waiver of such provision. The heading and titles in this Agreement are for convenience only and do not have any contractual effect.
Please email switchedon@fileforward.com if you have any questions regarding this Agreement.
Law & Jurisdiction
This Agreement and all other express terms of the contract shall be governed and construed in accordance with the laws of England.
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