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Terms of Service for Send IT Global
These Terms of Service set forth the terms and conditions upon which SADA Systems, Inc. ("SADA") makes available, its proprietary file delivery services ("Services"). Use of the Services is on condition of your compliance with these Terms of Service. Clicking, accessing, or using the Services, indicates that you agree to these Terms of Service and will abide to all parts of Terms of Service. You agree that SADA may revise these Terms of Service from time to time with or without notice. Continuing to access or use the Services after SADA makes any such revision, is indication that you agree to abide by the revised Terms of Service.
Description of Services
The Services provide you with the ability to send a file (a "User File") to one or more recipients identified by a valid email address. The Services operate by storing the specified User File on a server maintained by SADA and then sending to the recipient(s) an email that contains a link to the User File. The recipient(s) can then access and download the User File by clicking on the link. You acknowledge that SADA has the right to establish and enforce general practices and policies concerning use of the Services. Policies and practices may include, without limitation, maximum file size stored on and sent through the Services; maximum number of days any file will be stored by the Services, maximum number of times you may access the Services in a period of time specified by SADA, and the maximum number of recipients to which a you may send a file.
Responsibility for Data
You maintain sole responsibility for file(s) stored on Send IT Global servers from use of the Services. You acknowledge and agree that SADA will not be responsible for any failure of the Services to store said file(s), for the deletion of file(s) stored on the Services, or for the corruption of or loss of any data, information or content contained in User File(s).
Fees
You agree to pay fees for Services, where applicable. SADA reserves the right to modify its fees or payment terms at any time. You aknowledge and agree that SADA is not required to provide advance notice before making such changes.
Privacy Policy
SADA respects the privacy of others. These Terms of Service incorporate the terms of Send IT Global's Privacy Policy.
Copyright Policy
SADA respects the intellectual property rights of others and expects our users to do the same. Unauthorized copying, modification, distribution, public display, or public performance of a copyrighted work is an infringement of the copyright holder's rights. You agree to comply with the terms of Send IT Global'sCopyright Policy. You also agree to abide by applicable state and federal copyright regulations.
Proprietary Rights
SADA and its licensors maintain all All right, title, and interest in and to the Services as exclusive property. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Service, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Services.
Trademarks
SADA maintains ownership of Send IT Global, the Send IT Global logo, and all other Send IT Global trademarks, service marks, product names, and trade names of Send IT Global appearing on the Services. Trademarks, service marks, product names, and logos appearing on the Services 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 Services without obtaining prior written consent from the owner.
General Prohibitions
As a condition to your use of the Services, you agree not to:
- Upload or transmit as part of a User File or otherwise any data, text, graphics, content, or material that:
- Is false or misleading
- Is defamatory
- Invades another's privacy
- Is obscene, pornographic, or offensive
- Promotes bigotry, racism, hatred, or harm against any individual or group
- Infringes another's rights, including any intellectual property rights
- violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability
- Access, tamper with, or use any non-public areas of the Services or SADA's computer systems or the technical delivery systems of Send IT Global's providers
- Probe, scan, or test the vulnerability of the Services or any related system or network or breach any security or authentication measures
- Decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services
- 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 Services
- Impersonate or misrepresent your affiliation with any person or entity.
Links
The Services may provide links to third-party websites. You acknowledge and agree that SADA 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 SADA 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.
You may terminate your account or stop use of the system at any time. Any violation of these Terms of Service will result in an automatic termination. SADA reserves the right to discontinue providing or to change the Services at any time with or without notice. Upon termination of your account, SADA will completely remove all User Files associated with your account, except to the extent that SADA is required by applicable law or court order to retain copies of any of your file(s) stored on the Send IT Global servers.
Disclaimer of Warranties
The services are provided "as is" without warranty or condition of any kind, either express or implied. Without limiting the foregoing, SADA explicitly disclaims any warranties of merchantability, fitness for a particular purpose, or non-infringement. SADA makes no warranty that the services will meet your requirements or will be available on an uninterrupted, secure, or error-free basis. Access and use of the services is conducted at your own risk. You acknowledge and agree that SADA will not be responsible for any damages to your computer system or to the computer system of any third party that may result from use of the services.
Indemnity
You agree to defend, indemnify, and hold harmless SADA, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms of Service.
Limitation of Liability
In no event will SADA be liable to User or to any third party for any incidental, special, consequential, or punitive damages arising out of or in connection with these terms of service, the use or inability to use the services or any user file(s) sent through, stored by, or downloaded from the services, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not SADA has been informed of the possibility of such damage, even if a remedy set forth herein is found to have failed of its essential purpose.
In no event will SADA's aggregate liability to User or to any third party for any and all claims arising out of or in connection with the use of the services exceed one hundred dollars ($100). The limitations of damages set forth above are fundamental elements of the basis of the bargain between SADA and User.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to the User.
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.
Notice
SADA may provide User with notices, including those regarding changes to the Services by email or by postings on the Services.
Waiver
The failure of SADA to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.
Controlling Law and Jurisdiction
These Terms of Service and any action related thereto will be governed by the laws of the State of California without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in Los Angeles County, California. You and SADA waive any objection to jurisdiction and venue in such courts.
Entire Agreement
These Terms of Service are the entire and exclusive agreement between SADA and you regarding the Services, and these Terms of Service supersede and replace any prior agreements between SADA and you regarding the Services. You may also be subject to additional terms and conditions that may apply when using or purchasing certain other Send IT Global services, affiliate services, or third-party content software or services.
If you have any questions about these Terms of Service, please contact Send IT Global at support@senditglobal.com
ADDENDUM: TERMS FOR USERS OF HOSTED SERVICES
Registration
You will provide SADA with complete, accurate, and current registration information. To ensure information remains complete, accurate, and current, you agree to promptly update such information in the event of any changes. SADA reserves the right to suspend or terminate your account if it determines (or has reason to believe) that your registration information is, at the time of registration or thereafter, incomplete, inaccurate, or no longer current. User names and passwords maintained in the Hosted Service are your sole responsibility. In the event of any unauthorized use of any user name or password stored on the services, you agree to immediately notify Send IT Global. All activities relative to a user name and password are your responsibility.
Fees
You agree to pay Send IT Global's applicable fees for the Services that you select. Send IT Global reserves the right to modify its fees or payment terms at any time, with or without notice. The set up fee for service is a one time fee assessed when the user purchase Service. Ongoing subscription fees are charged automatically each month after setting up the Service.
Cancellation of Paid Subscription
Upon termination of your paid account, pursuant to the Termination Clause within these Terms of Service SADA will cancel automatic payment of subscription fees. Any amounts paid prior to termination will not be refunded. You will have access to your paid account through the end of the paid period. At the end of that period, your account will be discontinued. Data in your account may be lost upon termination, and it is your responsibility to back up or download any data in your paid account. SADA is not responsible for any data that may be lost upon cancellation of your Send IT Global Business Hosted account.
