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» version 126.96.36.199 - posted on 2008-08-20
EULA - End User License Agreement
Please read these Terms of Service ("Terms") carefully as they are the legal terms and conditions that you agree to when you use the services provided to you by SEND6 through www.send6.com (collectively, the "Service").
By using our Service you agree to be bound by these Terms which contains provisions applicable to all users of our Service, including casual visitors.
SEND6 uses reasonable endeavors to ensure that the Service is available 24 hours a day 7 days a week. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond the control of SEND6. Every reasonable step will be taken by SEND6 to minimize such disruption where it is within the reasonable control of SEND6. You agree that SEND6 shall not be liable to you for any modification, suspension or discontinuance of the Service. Additionally, we reserve the right to modify or terminate the SEND6 service for any reason and without notice at any time.
All brand, product and service names used in this Service which identify SEND6 or third parties and their products and services are proprietary marks of SEND6 and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of SEND6 or any third party with respect to any such image, logo or name.
SEND6 is, unless otherwise stated, the owner of all copyright and database rights in the Service and its contents. You may not publish, distribute, extract, re-utilize or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means) other than in accordance with the limited use license set out in our copyright notice.
From time to time SEND6 may provide links that will take you to other, third party websites. These links are provided for your convenience. If you decide to access linked websites you do so at your own risk. SEND6 does not endorse or take responsibility for the content on other websites or the availability of other websites and you agree that SEND6 is not liable for any loss or damage that you may suffer by using other websites.
Amendment of the Terms
SEND6 reserves the right to amend these Terms of Service from time to time with out any notice to you. You can review the most current version of the TOS at any time at: http://www.send6.com/terms.php
Applicable Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of California. Any disputes arising under or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the state and federal courts of the State of California.
These Terms constitute the entire agreement between SEND6 and you with respect to your use of the Service. SEND6's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more rights or provisions contained in these Terms is invalid, you agree that the remainder of the Terms shall be enforceable.
You agree that you shall not:
a. interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or b. provide any information to SEND6 that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose.
Monitoring of Content
SEND6 does not control the content of users and does not have any obligation to monitor such content for any purpose. You acknowledge that you are solely responsible for all content and activity that occurs when using SEND6.
Disclaimer of Warranty and Limitation of Liability
SEND6 agrees that all services will be carried out with reasonable skill and care, and any goods supplied will be of satisfactory quality and reasonably fit for their purpose.
THE SERVICE, SEND6'S SITES AND ALL RELATED PRODUCTS AND SERVICES ARE PROVIDED BY SEND6 "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, SEND6 DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT TO SEND6, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT.
EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, SEND6 SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF THE SERVICE, SEND6'S SITE AND ALL RELATED PRODUCTS AND SERVICES, EVEN IF SEND6 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL. APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.