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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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