describes the terms and conditions on which Sendspace ("we" or "our
company") offer services to you ("User" or "You"). By
registering for or using Sendspace services, User agrees to be
bound by the following terms and conditions.
1. Sendspace Services.
Subject to the terms and conditions of this Agreement, Sendspace makes certain Services available to User. For the purposes of this Agreement: (a) "User" (or "you") means the individual or business entity that is using or registering to use the Services, including its employees and agents; (b) Sendspace "Services" means those electronic or interactive services offered by Sendspace. Sendspace reserves the right to change or discontinue any of the Services at any time.
You acknowledge that all materials (except those uploaded by users) provided on this Web site, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services (collectively "Materials"), are provided either by Sendspace or by their respective third party authors, developers and vendors (collectively "Third Party Providers") and the underlying intellectual property rights are owned by Sendspace and/or its Third Party Providers. Elements of the Web site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. Sendspace, the Sendspace logo and other Sendspace products referenced herein are trademarks of Sendspace, and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.
3. User Information.
User represents and warrants that the information it provides in Sendspace contact information forms is true, accurate, current and complete. User agrees to maintain and update this information to ensure that it is true, accurate, current and complete. If, at any time, any information provided by User is untrue, inaccurate, not current or incomplete, Sendspace will have the right to suspend or terminate User's account and this Agreement.
4. User Data.
User has sole responsibility and liability for the data you store on Sendspace's servers. User controls its data through its generated link. Sendspace encourages User to archive its data regularly and frequently; User bears full responsibility for archiving its data and sole liability for any lost or irrecoverable data. User agrees to maintain its data in compliance with its legal obligations. Sendspace will delete User data upon termination of this Agreement. However, Sendspace may retain User data in its archives after deletion and will not be liable to User in any way for such retained data.
4.1 Use of optional email addresses
We may communicate with users from time to time via email to send information about important changes to our products and services, and to send notices and other disclosures required by law. By providing your email address, you agree to these communications, but they will be primarily informational in nature rather than promotional and will be strictly limited in number. We follow a strict no-spam policy.
5. Acceptable Use and Site Access
Sendspace neither sanctions nor permits site content or the transmission of data that contains illegal or obscene material or fosters or promotes illegal activity, including but not limited to, the promotion or publication of any material that may violate legislation.
It is our policy to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our users; and (2) remove and discontinue service to repeat offenders.
Users are prohibited from storing or posting adult content. All material of a pornographic nature is considered adult content. sendspace reserves the right to determine what violates this policy.
Sendspace reserves the right to immediately suspend or terminate any account or transmission that violates this policy, without prior notice.
5.1 Child Exploitation
Sendspace will cooperate fully with any criminal investigation into a user's violation of any act of law concerning child exploitation, including child pornography. Sendspace will involve and cooperate with law enforcement if a criminal violation is suspected. This may result in disclosing all information available to Sendspace including but not limited to information contained in user's profiles, folders, transmissions, communications, passwords, or any other information Sendspace considers applicable. Any user involved in such file transfers through Sendspace will also be permanently removed from our service.
5.2 Wrongful Conduct
User shall not commit or permit wrongful or damaging acts which justify civil action including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent or intentionally inflicting emotional distress.
5.3 Access and Interference
Violations or attempts to violate Sendspace systems or to interrupt Sendspace services are strictly prohibited, and may result in criminal and civil liability. Examples of system violations include, without limitation:
(a) Unauthorized access to or use of Sendspace Services, including any attempt to probe, scan or test the vulnerability of a system or to breach security or authentication measures without express authorization of Sendspace; or (b) Interference with Service to any User or network including, without limitation, flooding, or deliberate attempts to overload a system and broadcast attacks; or (c) Use of any device, software, or routine to interfere or attempt to interfere with the proper working of the Services; or (d) Any action that imposes an unreasonable or disproportionately large load on Sendspace's infrastructure
5.4 Copyright or Trademark Infringement
Sendspace Services may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation, including export control laws, is prohibited. This includes, without limitation, material protected by patent, copyright, trademark, service mark, trade secret or other intellectual property rights. If you use another party's material, you must obtain prior authorization. By using the Services, you represent and warrant that you are the author and copyright owner and/or proper licensee with respect to any hosted content and you further represent and warrant that no content violates the trademark or rights of any third party. Sendspace reserves the right to suspend or terminate a User's transmission(s) that, in Sendspace's discretion, violates these policies or violates any law or regulation.
5.4.1 DMCA Compliance
Although Sendspace is not a United States registered entity, and does not assent to, nor submit to jurisdiction in the United States, Sendspace seeks to protect and enforce the rights of copyright holders around the world. Therefore, Sendspace seeks to comply with the Digital Millennium Copyright Act of the United States, 17 U.S.C. § 512 (“DMCA”) and its take down provisions. Any users of this web site who are designated by Sendspace as repeat infringers of the DMCA will be denied access to the Site in the future, in accordance with Sendspace's DMCA Policy.
Sendspace, in its sole and absolute discretion, may take any reasonably necessary measures to terminate or prevent access users who infringe the intellectual property rights of others. Sendspace reserves the right to remove, delete, or deny access to materials, data, or files which Sendspace, in good faith, has determined to be infringing material.
If you believe that a user of the site has infringed your intellectual property rights, please notify Sendspace's Copyright Agent, and provide the following information:
(a) A physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property right.
(b) An identification of the intellectual property claimed to have been infringed.
(c) A detailed description of the material that you claim is infringing, so that we may locate it, including the URL where the infringing material appears.
(d) Your address, telephone number, and email address.
(e) A statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the intellectual property rights owner, its agent, or the law.
(f) A statement, made under penalty of perjury, by you that the above information is accurate and that you are authorized to act on behalf of the owner of the intellectual property rights involved.
Sendspace's Copyright Agent can be reached at .
5.5 Other Activities
5.5.1 Fair Use Policy
Although we offer unlimited uploading, Sendspace should not be used for file storage. We reserve the right to restrict or deny service to members who use a disproportionate amount of storage resources, to the detriment of other users.
A Pro account offers our customers the flexibility of unlimited ad-free personal downloads per month, however, in order to provide a fast and reliable service to all our customers, this feature is subject to our Fair Usage Policy.
We will only impose a limit on the use of Pro for personal downloading to prevent unusual use and abuse. If a customer regularly downloads in excess of normal levels of consumer consumption, for example, 250GB per month, we may do one or both of the following:
(a) ask you to moderate your use;
(b) if the customer does not modify their usage but continues to exceed the normal level, we may suspend or terminate the customer's account.
Users who are deemed to be 'abusers', in Sendspace's sole discretion, will be notified prior to suspension or termination of their accounts, however, Sendspace reserves the right to terminate or suspend such accounts without prior notice.
6. No Warranty
You expressly understand and agree that: (a) your use of the Service is at your sole risk. Sendspace Services are provided on an "as is" and "as available" basis. Sendspace 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. Sendspace and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of our Services, software, or content; (b) Sendspace 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 may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the software will be corrected; (d) 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 results from the download of any such material; (e) 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.
You agree to defend, indemnify, and hold harmless Sendspace, 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, or use by your authorized account sub-users, of the Service, or your breach of this Agreement or other Sendspace policies, terms and conditions.
8. Limitation of Liability
Your use of Sendspace is at your own risk. If you are dissatisfied with any aspect of our Service or with these terms & conditions, or any other rules or policies, your sole remedy is to discontinue use of the Service. You expressly understand and agree that Sendspace 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: (i) the use or the inability to use the Service; (ii) 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 into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the Service.
9. Modifications to Agreements, Policies or to our Services
Sendspace may modify, alter or change this policy without notice to You, at any time. Please review this site's policies regularly to ensure that you agree with the policies and procedures in effect. If You do not agree with the policies, or would like your information removed from our system, please contact us via the Contact Form.
We also reserve the right at any time to modify or discontinue the Service, temporarily or permanently, with or without notice to you. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
9.1 Upon termination of this Agreement by either User or Sendspace, all of User rights under this Agreement, and Sendspace's provision of Services, will terminate immediately.
These terms and conditions will be governed by and construed in accordance with the laws of the United States Of America.
Except for other agreements or terms appearing on the Web site, this Agreement set forth the entire understanding and agreement between us with respect to the subject matter hereof.
Any questions relating to our Legal Agreements and Policies may be directed to Sendspace.com using the Contact Form.
April 18, 2012