Terms of Service
These Terms of Service set forth the terms and conditions upon which Senduit makes available, at no charge, its file transmission 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. You acknowledge and agree that Senduit may revise these Terms of Service at any time. By continuing to access or use the services after Senduit makes any such revision, you agree to be bound by the revised Terms of Service.
Description of Services
Senduit's service provides users with the ability to upload a file via HTTP-Protocol and receive a custom URL address to download the file from Senduit's servers. This address can be shared by the user freely and can be used to download the file a reasonable number of times. The address expires in an amount of time designated by the user (between 30 minutes and 1 week) at which point in becomes inaccessible to the public and is removed from Senduit's servers.
Senduit does not guarantee the quality or reliability of its services. Once a file has been uploaded to Senduit's servers, access to the file cannot be disabled before its designated expiration date. Senduit reserves the right to remove any files at any time without notice.
As a condition of your use of Senduit's services, you agree not to:
- Upload or transmit any data, text, graphics, content, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another's privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred, or harm against any individual or group; (vi) infringes another's rights, including any intellectual property rights; or (vii) 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 Senduit's systems or said system's providers;
- Attempt to probe, scan, or test the vulnerability of the Senduit's systems or any related system or network or breach any privacy, 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 Senduit's systems or providers; or
- Impersonate or misrepresent your affiliation with any person or entity.
Senduit will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and security-related issues, to the fullest extent of the law. Senduit may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that Senduit has no obligation to monitor your access to or use of the Senduit's services, but has the right to do so for the purpose of operating Senduit's, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.
THE SERVICES ARE PROVIDED 'AS IS', WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SENDUIT EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SENDUIT MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT SENDUIT WILL NOT BE RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR TO THE COMPUTER SYSTEM OF ANY THIRD PARTY THAT RESULT FROM USE OF THE SERVICES.
You agree to defend, indemnify, and hold harmless Senduit, 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
SENDUIT TAKES NO RESPONSIBILITY FOR THE CONTENT OF ITS USERS FILES. IN NO EVENT WILL SENDUIT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OR INABILITY TO USE THE SERVICES OR ANY USER FILES 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 SENDUIT 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 SENDUIT'S AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES EXCEED ONE DOLLAR ($1). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN SENDUIT AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
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.
The failure of Senduit to enforce any right or provision of these Terms of Service will not be deemed a wavier 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 New York 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 New York City, New York, and Senduit and you waive any objection to jurisdiction and venue in such courts.
These Terms of Service are the entire and exclusive agreement between Senduit and you regarding Senduit's services, and these Terms of Service supersede and replace any prior agreements between Senduit 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 Senduit services, affiliate services or third-party content software or services.