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Terms of Service

These Terms of Service set forth the terms and conditions upon which Hosted FTP Inc. ("Hosted~FTP~"), makes available, on a fee-paid, its proprietary file transfer services ("Services"). Your use of the Services is expressly conditioned on your compliance with these Terms of Service. By checking the "I have read and agree to the Terms of Service" checkbox or by using the Services, you are indicating that you agree to be bound by these Terms of Service. You acknowledge and agree that Hosted~FTP~ may revise these Terms of Service from time to time. By continuing to use the Services after Hosted~FTP~ makes any such revision, you agree to be bound by the revised Terms of Service.

Description of Services

The Services provide a user the ability to store, send and receive files (a "User Files") with one or more recipients identified by a valid email address. The Services operate by storing the specified User Files in Amazon S3 ("Storage") and then sending to the recipient(s) an email that contains a link to access the User Files. The recipient(s) can then download the User Files by clicking on the link. You acknowledge and agree that Hosted~FTP~ may establish general practices and policies concerning use of the Services, including, without limitation, the maximum size of the file that a user may store and send through the Services, the maximum number of days that a file will be stored by the Services, the maximum number of times a user may access the Services in a given period of time, and the maximum number of recipients to which a user may send a file.

Responsibility for Data

You have sole responsibility for all User Files in Storage through use of the Services. You acknowledge and agree that Hosted~FTP~ will not be responsible for any failure of the Services to store a User File, for the deletion of a User File stored on the Services, or for the corruption of or loss or any data, information, or content contained in a User File.

Registration

You will provide Hosted~FTP~ with complete, accurate, and current registration information and will promptly update such information as necessary to ensure that it remains complete, accurate, and current. Hosted~FTP~ reserves the right to suspend or terminate your account if it determines (or has a reasonable basis to believe) that your registration information is, at the time of registration or thereafter, incomplete, inaccurate, or no longer current. You will receive a user name and password and accept responsibility for the confidentiality of that password. You will promptly inform Hosted~FTP~ of any unauthorized use of your user name and password. You will be solely responsible for all activities that occur under your user name and password.

Fees

You agree to pay Hosted~FTP~’s applicable fees for the Services that you select. Hosted~FTP~ reserves the right to modify its fees or payment terms at any time, with or without notice. Initial subscription fee will act as a downpayment for the first billing period, which is thirty (30) days of Service. Thereafter, the subscription fee will be automatically charged every month depending on your use of the Services as outlined in our pricing page. The price stated includes HST (Harmonized Sales Tax) for customers in Canada.

Applicable Taxes - Canada only

HST (Harmonized Sales Tax) is collected for Canadian customers, and is included in the stated price of your subscription fee.

Cancellation of Paid Subscription

Upon termination of your paid account, pursuant to the Termination Clause below, Hosted~FTP~ will cancel automatic payment of the agreed subscription fees. Any amounts paid by you up to termination will not be refunded and you will no longer have access to your paid account. Data in your account is not recoverable after cancellation, and it is your responsibility to back up or download any data in your paid account before cancellation. Hosted~FTP~ is not responsible for any data that may be lost upon cancellation.

Privacy Policy

Hosted~FTP~ respects the privacy of others. These Terms of Service incorporate the terms of Hosted~FTP~’s Privacy Policy.

Copyright Policy

Hosted~FTP~ respects the intellectual property rights of others and expects our users to do the same. Unauthorized copying, modification, distribution, public display, or public performance of a copyrighted work is an infringement of the copyright holder’s rights and will result in termination of your account.

Proprietary Rights

All right, title, and interest in and to the Services are and will remain the exclusive property of Hosted~FTP~ and its licensors. The Services are protected by copyright, trademark, and other laws of both Canada and foreign countries. Except as expressly permitted in these Terms of Service, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform,
transmit or otherwise use the Services.

Trademarks

"Hosted~FTP~", the Hosted~FTP~ logo, and all other Hosted~FTP~ trademarks, service marks, product names, and trade names of Hosted~FTP~ appearing on the Services are owned by Hosted~FTP~. 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.

General Prohibitions

As a condition to your use of the Services, you agree not to:

  • Upload or transmit as part of a User File or otherwise any data, text, graphics, content, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene 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 Services or Hosted~FTP~’s computer systems or the technical delivery systems of Hosted~FTP~’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;
  • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services;
  • 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.

Hosted~FTP~ 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. Hosted~FTP~ may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that Hosted~FTP~ has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services, 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.

Links

The Services may make available links to third-party websites. You acknowledge and agree that Hosted~FTP~ is not responsible or liable for: (i) the availability or accuracy of such websites; or (ii) the content, products, or services on or available from such websites. Links to such websites do not imply any endorsement by Hosted~FTP~ 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.

Termination

You may terminate your account at any time. If you violate any of these Terms of Service, your permission to use the Services will automatically terminate. Hosted~FTP~ reserves the right to discontinue providing or to change the Services at any time and without notice. Except to the extent that Hosted~FTP~ is required by applicable law or court order to retain copies of any of your User Files that are stored on the Hosted~FTP~ servers, upon any termination of your account, Hosted~FTP~ will delete and erase all User Files associated with your account.

Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, HOSTED~FTP~ EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. HOSTED~FTP~ 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 HOSTED~FTP~ 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.

Indemnity

You agree to defend, indemnify, and hold harmless Hosted~FTP~, 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

IN NO EVENT WILL HOSTED~FTP~ 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 HOSTED~FTP~.COM 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 HOSTED~FTP~’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 THE AMOUNTS YOU HAVE PAID TO HOSTED~FTP~ FOR USE OF THE SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HOSTED~FTP~ 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.

Severability

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.

Notice

Hosted~FTP~ may provide you with notices, including those regarding changes to the Services by email, regular mail, or by postings on the Services.

Waiver

The failure of Hosted~FTP~ 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 Province of Ontario 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 provincial and federal courts located in Toronto, Ontario, and Hosted~FTP~ and you waive any objection to jurisdiction and venue in such courts.

Entire Agreement

These Terms of Service are the entire and exclusive agreement between Hosted~FTP~ and you regarding the Services, and these Terms of Service supersede and replace any prior agreements between Hosted~FTP~ 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 Hosted~FTP~ services, affiliate services, or third-party content software or services.

If you have any questions about these Terms of Service please contact us at http://hostedftp.com

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