FileFlyerTM - Terms of Service
The following terms of service (the
"Terms of Service") stipulate the terms and conditions pursuant to which SpeedBit Ltd. (
"SpeedBit") makes available, at no charge, its proprietary file transmission services (the
"Services"). Your use of the Services is expressly conditioned on your compliance with these Terms of Service. By clicking, accessing or using the Services, you are indicating that you agree to be bound by these Terms of Service. SpeedBit reserves the right to amend, discontinue and/or terminate and/or limit and/or disable and/or cancel any feature of the Services, including making any of the changes in its general practices and policies as described under "The Services" below, from time to time. However, in the event of a material change or modification of these Terms of Service, SpeedBit shall thereafter post a notice on www.fileflyer.com, updating of any such material change or modification.
We encourage You to periodically review and read these Terms of Service to be informed of any updated terms of use of the Services. At all times, the latest version of these Terms of Agreement shall be binding and prevail over any other version. Your continued use of the Services after any change, modification or limitation, whether included in a notice as aforesaid or otherwise amended, shall be an indication of your acceptance of such new terms.
The Services
The Services intend to provide You with the ability to send a file (the
"User File") to one or more recipients identified by a valid email address. The Services operate by storing the specified User File on a FileFlyer server operated by SpeedBit, 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. A more detailed description of the Services can be found at
www.fileflyer.com. SpeedBit may, from time to time, establish or amend its general practices and policies concerning, among others, the following matters: file maximum size, maximum number of days a file can be stored on the FileFlyer servers, the maximum number of recipients to which You may send a file, types of files SpeedBit agrees to store on the FileFlyer servers, and so on.
As a condition to your use of the Services, you agree not to: Upload or transmit any content that: (a) is false or misleading; (b) is defamatory; (c) invades another's privacy; (d) is obscene, pornographic, or offensive; (e) promotes bigotry, racism, hatred, or harm against any individual or group; (f) infringes another's rights, including any intellectual property rights; (g) may cause harm to a recipient's computer or property, or (h) violates, or encourages any conduct that would violate, any applicable law or regulation or would otherwise give rise to civil liability. Furthermore, you agree not to: access, tamper with, or use any non-public areas of the Services or SpeedBit's computer systems or the technical delivery systems of SpeedBit's providers; attempt to probe, scan, or test the vulnerability of the Services or any related system or network or breach any security or authentication measures; 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; or Impersonate or misrepresent your affiliation with any person or entity.
Please do not use the Services for "Mission Critical" or "Content Sensitive" applications or purposes. For the purpose of this section "Mission Critical" applications and purposes shall mean applications and usage that may result in damage in the event that Services malfunction or their completion is delayed; "Content Sensitive" shall mean any information or data you do not wish to be accessible or available to others.
Privacy Policy
SpeedBit respects the privacy of others. SpeedBit's Privacy Policy can be found at
http://www.speedbit.com/Legal/PRIVACY.ASP and is hereby incorporated by reference.
Copyright Policy
SpeedBit respects the intellectual property rights of others and expects You to do the same. SpeedBit's Copyright policy can be found at
http://www.speedbit.com/InfringementNotice.asp and is hereby incorporated by reference.
Proprietary Rights
Other than as specifically provided at
http://www.speedbit.com/CommercialNotice.asp, SpeedBit retains sole and exclusive ownership of all rights, title and interests in the Services and all intellectual property rights relating thereto, including without limitation issued patents and pending patent applications with respect to the Services and the technology related thereto. This provision shall survive termination and expiration of this Agreement and shall remain in full force and effect thereafter. Without derogating from any of Your other undertakings herein, You agree not to decompile, reverse-engineer, copy, transfer, assign, rent, resell, distribute or use the Services (or any part thereof, or any software underlying the Services), other than as expressly authorized.
Trademarks
FileFlyer
TM, the FileFlyer logo, and all other FileFlyer trademarks, service marks, product names, and trade names of SpeedBit appearing on the Services are owned by SpeedBit. All other 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 the owner's prior written consent.
Termination
You may cancel your account at any time. If you violate any of these Terms of Service, your permission to use the Services will automatically terminate.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SPEEDBIT EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SPEEDBIT MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOU UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPOSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR DATA STORED ON IT, AND TO ANY DAMAGES TO RECEIENTS' COMPUTER SYSTEMS OR DATA STORED ON RECEPIENTS' COMPUTER SYSTEMS. IN NO EVENT WILL SPEEDBIT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING OUT OF THE UNAVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, YOUR SOLE REMEDY FOR ANY LIABILITY OF SPEEDBIT FOR ANY DIRECT DAMAGES SHALL NOT EXCEED FEES ACTUALLY PAID BY YOU TO SPEEDBIT AND IN ANY CASE SHALL BE NO MORE THAN $15.
FURTHERMORE, THE SERVICES MAY BE SUBJECT TO CHANGES IN SPEEDBIT'S PRACTICES AND POLICIES REGARDING VARIOUS FEATURES INCLUDED IN THE SERVICES, SPEEDBIT DOES NOT WARRANT THE SUCCESFUL STORAGE OF ANY FILES STORED ON THE FILEFLYER SERVERS, THEIR STRAGE FOR ANY GIVEN PERIOD OF TIME, THAT A STORED FILE WILL REACH ITS DESTINATION OR WILL BE DOWNLOADABLE BY A RECIPIENT WITHOUT INTERRUPTION, OR IN A FORM INDENTICAL TO THE FORM OF THE FILE ORIGINALLY STORED ON FILEFLYER'S SERVERS. IN ADDITION, SPEEDBIT GIVES NO WARRANTY REGARDING THE ONGOING NON-INTERRUPTABLE AVAILABILTY OF THE SERVICES, THE TIMES AT WHICH IT WILL BE AVAILABLE OR THE TIME IT MAY TAKE TO DOWNLOAD A FILE BY A RECIPIENT. DUE TO THE NATURE OF THE SERVICES, SPEEDBIT SHALL NOT BE RESPONSIBLE FOR AND DOES NOT GIVE ANY WARRANTY WITH REAGARD TO THE CONTENTS OF ANY FILES OR DATE TRANSMITTED THROUGH THE USE OF THE SERVICES.
Miscellaneous
(a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. (b) Except to the extent applicable law, if any, provides otherwise, this Agreement shall be governed by the laws of the State of Israel without giving effect to any principles of conflicts of laws thereof, and the eligible courts in the district of Tel Aviv shall have exclusive jurisdiction over all disputes between the parties; This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. (c) You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein without the express written consent of SpeedBit. Upon reasonable notice posted on www.fileflyer.com, SpeedBit may assign or transfer this Agreement at its sole discretion. (d) If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
Copyright (c) 2007 Speedbit Ltd. All Rights Reserved
