Terms & Conditions

Please carefully review the terms and conditions of use of the filesToday.com service set forth below.

These Terms of Service (the "Agreement") describe the terms and conditions under which Horan Data Services, LLC (the "Provider") offers the filesToday.com service (the "Service). By sending or receiving files, you accept these Terms of Use and agree to be legally bound by all of the terms and conditions of this Agreement.

Provider may amend or modify these terms and conditions without notice, effective immediately, by posting such terms and conditions on the filesToday.com Web site or by otherwise notifying you of such terms and conditions. Provider reserves the right to discontinue, on a temporary or permanent basis, the Service (in whole or in part) without notice and without liability to the User. If you use the filesToday.com Service after we post changes to these terms and conditions, you accept the changed terms and conditions. Any amendments will be effective when posted or sent.

filesToday service is not available to minors. By accepting these terms, you confirm that you are capable of entering into a binding agreement. You are responsible for paying any applicable taxes and for any hardware, software, service and other costs you incur to access filesToday.com. You shall comply with all laws and regulations applicable to the use of filesToday.

filesToday service and data storage space are based on your selections and the fees that you have paid. Files will be stored for 10 days from the date of upload by sender, after which the files will be deleted and downloads by recipients will become unavailable.

All payments are non-refundable once files have been uploaded by sender.  Recipient's failure to download files for any reason does not constitute grounds for a refund.

Provider may terminate this Agreement immediately for (a) lack of payment, (b) you breach this Agreement, (c) you infringe the intellectual property rights of a third party, (d) we are unable to verify or authenticate any information you provide to us (at no time can users share username/password information). At our option, instead of termination, we may remove some or all of your content from our servers or otherwise suspend your access. Following termination, we may remove some or all of your information on our servers or elect to retain it, at our sole option.

With respect to any content you send or store through filesToday.

1) You are responsible for all such content. However, Provider may take any action with respect to such content if Provider believes it may create liability for Provider or may cause Provider to lose (in whole or in part) the services of our ISPs or other suppliers.

2) Your content shall not: (a) infringe any third party's intellectual property or publicity/privacy rights; (b) violate any law or regulation; (c) be defamatory, obscene, child pornographic or harmful to minors; or (d) contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You may not distribute unsolicited commercial messages through this service or impose an unreasonable or disproportionately large load on our infrastructure. Please note that we may use software filters that restrict or delete files you attempt to send or receive.

3) You hereby grant to Provider worldwide, perpetual, irrevocable, royalty-free, sublicense able (through multiple tiers) right to exercise all intellectual property rights, with respect to any content you publish through the Service, that Provider needs to perform its services.

Due to the existing legal and technical environment of the Internet, Provider cannot ensure that all of your private communications and other personally identifiable information will not be unexpectedly disclosed. By way of example (without limiting the foregoing), Provider may be forced to disclose your private communications to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Further, Provider can (and you authorize Provider to) disclose any information about you or private communications by you to law enforcement or other government officials, as Provider , in its sole discretion, believe necessary or appropriate.

If a User or visitor to filesToday.com believes its copyright, trademark or other property rights have been violated by a posting on filesToday.com, the User or visitor should send notification to contact filesToday.com immediately. To be effective, the notification must include:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed,

Identification of the copyrighted work claimed to have been infringed, or, if multiple allegedly infringed works at a single on line site are covered by a single notification, a representative list of such works at that site,

Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material,

Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted,

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law,

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Or contact us via postal mail or fax:

Horan Data Services, LLC
150 E. Fourth Street
Suite 220
Cincinnati, OH 45202

Provider will then take appropriate remedial action, which may include the removal of said infringing material or items, from filesToday.com. Please make all notifications of alleged infringements promptly and allow filesToday.com at least 48 hours to review, and if appropriate, remove the infringing materials or items.

Provider is not responsible for material that is copied from the User's file area. For the User's protection. Provider advises the User to obtain a copyright registration or other relevant protection for any and all material and items uploaded to the User's area. (See http://www.loc.gov/copyright/)

Provider will not rent or sell your name, address, email address, credit card information, corporate account information or personal information to any third party without your permission. To keep you informed about our latest offers, we may notify you of current promotions, specials and new additions to the filesToday.com Web site. You may unsubscribe from our newsletters by following the unsubscribe instructions in any email you receive from us.

PROVIDER'S SERVICES ARE "AS IS." PROVIDER AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Provider does not warrant or ensure timely, secure, error free or virus free delivery of content. You understand that our services may be unavailable for extended periods of time, and we do not warrant or ensure the continuous availability of our services.

IN NO EVENT SHALL PROVIDER OR ITS SUPPLIERS BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCOUNT OR THIS AGREEMENT. LIABILITY TO YOU OR ANY THIRD PARTIES IS LIMITED TO $14.95.

Parental control protections (such as computer hardware, software or filtering services) that are commercially available may assist you in limiting access to material that is harmful to minors. If you are interested in learning about these protections, information may be obtained from http://www.worldvillage.com/wv/school/html/control.htm or similar sites.

The Service hereunder are offered by Horan Data Services, LLC located in Cincinnati, Ohio, United States of America. Inquiries or suggestions can be forwarded to admin@filestoday.com. All such inquiries and suggestions are reviewed and responded to by Horan Data Services, LLC.

This Agreement is governed in all respects by the laws of Ohio as such laws are applied to agreements entered into and to be performed entirely within the City of Cincinnati. Both parties submit to personal jurisdiction in the state of Ohio and further agree that any cause of action relating to this Agreement shall be brought in a court in Cincinnati, Ohio. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond our control. You consent to us sending you emails, as we deem necessary. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

 
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