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.
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.
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.
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.
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.
As a condition to your use of the Service, you agree not to upload or transmit any data, text, graphics, content, or material that:
You expressly understand and agree that:
The Services may make available links to third-party websites. You acknowledge and agree that File Convoy is not responsible or liable for:
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.
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.
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:
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.
File Convoy may provide you with notices, including those regarding changes to the Service by posting them on the Service.
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.
Users and File Convoy are independent. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
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.
You represent and warrant to File Convoy that
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.
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.