FileFlyerTM - Terms of Service
The following terms of service (the "Terms of Service
") stipulate the terms and conditions pursuant to which SpeedBit Ltd. ("SpeedBit"
) makes available, its proprietary file transmission services (the "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. SpeedBit reserves the right to amend, discontinue and/or terminate and/or limit and/or disable and/or cancel any feature of the Services, including making any of the changes in its general practices and policies as described under "The Services" below, from time to time. SpeedBit may, in its sole discretion, make changes to these Terms of Service, from time to time. Each time changes are made to these Terms of Service, a revised version of these Terms of Service, will be posted on this page. Your continued use of FileFlyer.com following such posting of changes constitutes your acceptance of any such changes. You can review and are encouraged to check, from time to time, the most current version of these Terms of Service on this page. At all times, the latest version of these Terms of Service shall be binding and prevail over any other version.
The Services' purpose is to provide you with the ability to send a file (the "User File"
) to one or more recipients identified by a valid email address. The Services operate by storing the specified User File on a FileFlyer server operated by SpeedBit, and then sending to the recipient(s) an email that contains a link to the User File. The recipient(s) can then access and download the User File by clicking on the link. A more detailed description of the Services can be found at www.fileflyer.com. SpeedBit also operates chargeable download services ("Charged Services"
SpeedBit may add new services for or without additional fees and charges, or proactively amend fees and charges for existing Services, at any time and at its sole discretion.
Billing for the Charged Services will be effected by a billing service chosen by SpeedBit, at its sole discretion, from time to time (the "Billing Agent"
), pursuant to the terms and conditions described below under the "Terms and Conditions for using Billing Agent's Platform"l (" Agent Service"
SpeedBit does not guarantee that you will be able to pay via the Billing Agent's Service. The use of the Charged Services represents your consent and acknowledgment of the Terms and Conditions for using Billing Agent's Platform.
SpeedBit reserves the right to offer, simultaneously with the Charged Services, free-of-charge services.
Any questions regarding charges made in connection with the Charged Services should be addressed to and settled with
SpeedBit at email@example.com
. If the Charged Services are activated by your cellular phone, the Billing Agent's charges will be displayed on your cellular carrier's monthly billing statement as customary by the applicable Billing Agent. Alternatively, if the Charged Services are activated by your credit card, the charge will appear on your card’s monthly statement or as customary by the applicable Billing Agent. Due to the nature of the Services, the charge is not refundable. Unlawful, inappropriate or unreasonable use of the Charged Services may result in suspension or cancellation. SpeedBit may, from time to time, at its sole discretion and without prior notice, establish or amend its general practices and policies concerning, among others, the following matters: file maximum size, bandwidth, maximum number of days a file can be stored on the FileFlyer servers, the maximum number of recipients to which you may send a file, types of files SpeedBit agrees to store on the FileFlyer servers, and so on.
Unless specifically indicated otherwise, the use of "Services" in these Terms of Service, refers both to the Services and the Charged Services.
As a condition to your use of the Services, you agree not to: Upload or transmit any content that: (a) is false or misleading; (b) is defamatory; (c) invades another's privacy; (d) is obscene, pornographic, or offensive; (e) promotes bigotry, racism, hatred, or harm against any individual or group; (f) infringes another's rights, including any intellectual property rights; (g) may cause harm to a recipient's computer or property, or (h) violates, or encourages any conduct that would violate, any applicable law or regulation or would otherwise give rise to civil liability;(i) relates to minors and identify them as minors or include their personal details. Furthermore, you agree not to: access, tamper with, or use any non-public areas of the Services or SpeedBit's computer systems or the technical delivery systems of SpeedBit'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; 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.
Please do not use the Services for "Mission Critical" or "Content Sensitive" applications or purposes. For the purpose of this section "Mission Critical" applications and purposes shall mean applications and usage that may result in damage in the event that Services malfunction or their completion is delayed; "Content Sensitive" shall mean any information or data you do not wish to be accessible or available to others.
Terms and Conditions for using Billing Agent's Platform
The following terms do not derogate from any of the terms under this Terms of Service.
By using the Charged Services you hereby represent and warrant that you are at least 18 years old. If you are younger, an authorization by your guardian and/or the owner of the cellular phone or the credit card with which you will pay for the Charged Services is required. The use of the Charged Services is dependent upon the cellular phone you use or the credit card by which the payment was made. In order to use the Charged Services by a cellular phone, your cellular phone must be SMS enabled. Due to the nature of Billing Agent’s Service and its dependence on third parties, it may be delayed and/or be unavailable in certain circumstances, and a charge for the Charged Services may occur even while no Charged Services were actually delivered. Billing Agent may permanently or for a limited period, suspend or cancel the ability to pay for the Charged Services using its platform.
You are not allowed to use the Billing Agent's platform for commercial purposes and/or in order to gain financial and/or other profit.
If you choose to use a cellular phone for the Charged Services, the Billing Agent may track your use of its platform and may use information which does not identify you as an individual, including, among others, to deliver such information to third parties. The use of information which identifies you as an individual is limited for commercial or marketing purposes of such Billing Agent and/or on its behalf and/or for improving the service delivered by such Billing Agent. Such Billing Agent may include advertisements in its messages. In the event you choose to use the Charged Services, you agree to be bound, in addition to these Terms of Service, by the pricing and billing policies of the applicable Billing Agent.
As part of the Services, SpeedBit offers that you install the FileFlyer Max Toolbar (the "Toolbar"
), which enables you to control, manage and track your use of the Services from within your web browser, without logging into fileflyer.com.
The Toolbar is made available to you for your non-commercial use only. You may not sell the Toolbar or any information, services, or software associated with or derived from the Toolbar nor may you modify, copy, license, or create derivative works from the Toolbar. Furthermore, you may not use the Toolbar in any manner that could damage, disable, overburden, or impair any of the products or services offered by SpeedBit.
If you choose to use the Services through the Toolbar, SpeedBit may offer you higher priority in its download servers, the ability to use larger files, multi-connections downloads and a unique website dedicated for users of the Toolbar. In addition, the Toolbar also enables you to perform web searches which are utilized by a third party and are subject to such third party’s terms. From time to time, SpeedBit may, at its sole discretion, add or alter the services, functions and/or appearance of the Toolbar.
The installation and operation of the Toolbar is conditioned upon the configuration of your system. SpeedBit does not guarantee that the Toolbar will support all configurations and may offer different installation methods for different configurations.
and is hereby incorporated by reference.
SpeedBit respects the intellectual property rights of others and expects You to do the same. SpeedBit's Copyright policy can be found at http://www.speedbit.com/InfringementNotice.asp
and is hereby incorporated by reference.
Other than as specifically provided at http://www.speedbit.com/CommercialNotice.asp
, SpeedBit retains sole and exclusive ownership of all rights, title and interests in the Services and all intellectual property rights relating thereto, including without limitation issued patents and pending patent applications with respect to the Services and the technology related thereto. This provision shall survive termination and expiration of this Agreement and shall remain in full force and effect thereafter. Without derogating from any of Your other undertakings herein, You agree not to decompile, reverse-engineer, copy, transfer, assign, rent, resell, distribute or use the Services (or any part thereof, or any software underlying the Services), other than as expressly authorized.
Fair use Policy
In the framework of your usage, you will not publicly distribute the code you were assigned (the "Code"). If we identify a Code is being used unreasonably or excessively, we may terminate the ability to use such Code. Furthermore, you will not (i) make commercial and/or any other use of the Code other than for using it for your personal use; (ii) use the Code to infringe another's rights, including any intellectual property rights; (iii) violate, any applicable law or regulation, or would otherwise give rise to civil liability. Our fair use policy applies to the usage of the Services, including, but not limited to the Charged Services and any other services which Speedbit may offer from time to time ("Fair Use Policy"). We reserve the right to change the terms of the Fair Use Policy from time to time at our sole discretion.
For any questions regarding the Fair Use Policy, contact us at: firstname.lastname@example.org
, the FileFlyer logo, and all other FileFlyer trademarks, service marks, product names, and trade names of SpeedBit appearing on the Services are owned by SpeedBit. 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.
You may cancel your account at any time. If you violate any of these Terms of Service, your permission to use the Services will automatically terminate.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, SPEEDBIT EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND/OR QUALITY OF SERVICE. SPEEDBIT MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOU UNDERSTAND AND AGREE THAT THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPOSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR DATA STORED ON IT, AND TO ANY DAMAGES TO RECEIENTS' COMPUTER SYSTEMS OR DATA STORED ON RECEPIENTS' COMPUTER SYSTEMS. IN NO EVENT WILL SPEEDBIT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, LOSS OF PROFITS AND SAVINGS AND THE LIKE), OR ANY OTHER DAMAGES ARISING OUT OF THE UNAVAILABILITY, USE, RELIANCE ON, INABILITY TO UTILIZE OR IMPROPER USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, YOUR SOLE REMEDY FOR ANY LIABILITY OF SPEEDBIT FOR ANY DIRECT DAMAGES SHALL NOT EXCEED FEES ACTUALLY PAID BY YOU TO SPEEDBIT AND IN ANY CASE SHALL BE NO MORE THAN $15.
FURTHERMORE, THE SERVICES MAY BE SUBJECT TO CHANGES IN SPEEDBIT'S PRACTICES AND POLICIES REGARDING VARIOUS FEATURES INCLUDED IN THE SERVICES, SPEEDBIT DOES NOT WARRANT THE SUCCESFUL STORAGE OF ANY FILES STORED ON THE FILEFLYER SERVERS, THEIR STRAGE FOR ANY GIVEN PERIOD OF TIME, THAT A STORED FILE WILL REACH ITS DESTINATION OR WILL BE DOWNLOADABLE BY A RECIPIENT WITHOUT INTERRUPTION, OR IN A FORM INDENTICAL TO THE FORM OF THE FILE ORIGINALLY STORED ON FILEFLYER'S SERVERS. IN ADDITION, SPEEDBIT GIVES NO WARRANTY REGARDING THE ONGOING NON-INTERRUPTABLE AVAILABILTY OF THE SERVICES, THE TIMES AT WHICH IT WILL BE AVAILABLE OR THE TIME IT MAY TAKE TO DOWNLOAD A FILE BY A RECIPIENT OR THAT IT WILL BE COMPATIBLE WITH THE CONFIGURATION OF YOUR SYSTEM. DUE TO THE NATURE OF THE SERVICES, SPEEDBIT SHALL NOT BE RESPONSIBLE FOR AND DOES NOT GIVE ANY WARRANTY WITH REAGARD TO THE CONTENTS OF ANY FILES OR DATE TRANSMITTED THROUGH THE USE OF THE SERVICES.
(a) This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof. (b) Except to the extent applicable law, if any, provides otherwise, this Agreement shall be governed by the laws of the State of Israel without giving effect to any principles of conflicts of laws thereof, and the eligible courts in the district of Tel Aviv shall have exclusive jurisdiction over all disputes between the parties; This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. (c) You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein without the express written consent of SpeedBit. Upon reasonable notice posted on www.fileflyer.com, SpeedBit may assign or transfer this Agreement at its sole discretion. (d) If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms.
Copyright (c) 2012 Speedbit Ltd. All Rights Reserved