YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO CONCLUDE THIS AGREEMENT. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or coexisting agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement.
1. Eligibility for sendit24.com Services
We provide Services only to individuals and business entities (including but not limited to sole proprietorships) in good legal standing that are able to conclude legally binding contracts under applicable law. The Customer hereby represents and warrants that it is duly licensed to do business and is in good legal standing in the jurisdictions in which it does business (during the term of this Agreement), that it is not a competitor of sendit24.com, and that the person concluding this Agreement on behalf of the Customer is at least eighteen years of age and capable of and authorized to conclude legally binding contracts on behalf of the Customer.
2. sendit24.com Services
Depending on the terms and conditions of this Agreement, sendit24.com provides certain Services to the Customer. For the purposes of this Agreement: (a) "Customer" (or "you") means the individual or business entity that is using or registering to use provided Services, including its employees and agents; (b) sendit24.com "Services" means interactive or electronic services provided by sendit24.com. sendit24.com is entitled to change or terminate any of the Services at any time.
You agree that all material (except that uploaded by users) present on this Website, including but not limited to documents, products, sounds, information, images, graphics, software, logos and services (jointly referred to as "Materials"), are provided either by sendit24.com or by respective third party authors, vendors and developers (jointly referred to as "Third Party Providers") and the underlying intellectual property rights are owned by sendit24.com and/or Third Party Providers. Parts of the Website are protected by trade dress and other applicable laws and cannot be copied or replicated in whole or in part. sendit24.com, the sendit24.com logo and other sendit24.com products referred herein are trademarks of sendit24.com, and may be registered in certain jurisdictions. All other logos, symbols, product names, marks and company names may be the trademarks of their respective owners.
4. Customer Information
Customer represents and warrants that the information it gives in sendit24.com contact information forms is accurate, true, complete and up-to-date. Customer consents to maintain and update this information to ensure that it is accurate, true, complete and up-to-date. If, at any time, any information given by the Customer is incomplete, inaccurate, untrue or not up-to-date, sendit24.com is entitled to suspend or cancel Customer's account and this Agreement.
5. Customer Account
5.1 Authorized Users
Customer is entitled to authorize persons to act as its agents to use the Services, provided that each authorized person has the legal capacity to conclude binding contracts on behalf of the Customer. Furthermore, Customer represents and warrants that each person who registers under Customer's account is an authorized agent of Customer (an "Authorized User") who has the required legal capacity.
5.2 Responsibility for Access
Customer is solely responsible and liable for any and all access to and use of the provided Services (including all transactions and actions) by any Authorized User and/or User ID registered under Customer's account, unless such access to or use of the provided Services is the direct consequence solely of the gross negligence of sendit24.com. Customer is responsible, through its systems administrator Authorized User, to give the applicable access for each of Customer's Authorized Users.
5.3 Responsibility for User IDs and Passwords
Customer is exclusively responsible for maintaining the confidentiality of Customer access information, i. e. account IDs and passwords of its Authorized Users, and is responsible for all actions that are made under its account.
5.4 Notification of Unauthorized Use
Customer will directly notify sendit24.com if it notices any activity indicating that Customer's account or information is being used without authorization, including: (a) Customer has received confirmation of an order or orders placed under Customer's account which Customer did not place or any other conflicting report; or (b) Customer becomes aware of any unauthorized use of any service or product related to its account(s).
6. Customer Data
Customer is solely responsible and liable for the data its stores on sendit24.com's servers. Customer controls the data via a generated link. sendit24.com reminds the Customer to archive the data frequently and regularly; Customer is fully responsible for archiving its data and solely liable for any lost or irrecoverable data. Customer consents to maintain the data in accordance with its legal obligations. sendit24.com will delete Customer data when this Agreement is terminated. Nonetheless, sendit24.com may retain Customer data in the archives after deletion and will not be liable to Customer in any way for such retained material.
6.1 Special Circumstances
sendit24.com will grant access to Services and Customer's data to an agent of Customer ("Authorized Agent") who hands sendit24.com a notarized letter signed by an officer of Customer which shall contain statements of authenticity, authority, and liability as requested by sendit24.com in its sole discretion. Customer expressly and irrevocably consents that sendit24.com may trust such a letter and the probable authority of the person requesting access to Services or to Customer's account. sendit24.com will not be liable to Customer or any third party for sendit24.com's trust in such letter or such probable authority.
7. Acceptable Use
You consent to not use sendit24.com's Service to:
a. post, upload, transmit, email or otherwise make available any Content that spreads messages of terror or portray torture or death-images; such content will be reported to relevant legal authority and/or the member's ISP will be contacted;
b. harm minors in any way, including any form of child pornography; such content will be reported to relevant legal authority and/or the member's ISP will be contacted;
c. post, upload, transmit, email or otherwise make available any Content that violates any copyright, trademark, patent, trade secret, or other proprietary rights of any party; on this matter, please refer to sendit24.com's DMCA Policy, which is herein incorporated for reference;
7.1 Illegal Content
sendit24.com neither sanctions nor permits site content or the transmission of data that contains illegal or obscene material or fosters or promotes illegal activity, including but not limited to, gambling, sale offer of illegal weapons, and the promotion or publication of any material that may violate hate crimes legislation.
sendit24.com is entitled to directly suspend or terminate any account or transmission that violates this policy, without preliminary notice.
Furthermore, in case the Customer violates this policy, sendit24.com will actively assist and cooperate with law enforcement agencies and government authorities in collecting and tendering information about Customer, Customer's site, the obscene or illegal content, and those persons who may have inappropriately acquired, accessed, or used the obscene or illegal content.
7.2 Wrongful Conduct
Customer shall not permit or commit damaging or wrongful acts which justify civil action including, but not limited to, posting of scandalous, insulting or private information about a person without their consent or deliberately causing emotional distress.
7.3 Access and Interference
Attempts to violate or violations of sendit24.com systems or attempts to interrupt sendit24.com services are strictly forbidden, and may result in civil and criminal liability. Examples of system violations include, without limitation:
(a) Unauthorized access to or use of sendit24.com Services, including any attempt to scan, test or probe the vulnerability of a system or to breach authentication or security measures without direct authorization of sendit24.com;
(b) Interference with Service to any network or customer including, but not limited to, flooding or intentional attempts to overload a system and broadcast attacks;
(c) Use of any software, device or routine to interfere or attempt to interfere with the proper provision of Services; (d) Any action that imposes an unreasonable or excessively large load on sendit24.com's infrastructure.
Customer shall not disassemble, decompile, extract, decrypt, reverse engineer or otherwise endeavor to derive the source code of the "software tools" (including methods, tools, processes, and infrastructure) underlying the Services or any other software on sendit24.com Website.
7.4 Copyright or Trademark Infringement
sendit24.com Services can only be used for legitimate purposes. Distribution, transmission or storage of any material that violates any applicable law or regulation, including export control laws, is not allowed. This includes, without limitation, material protected by copyright, patent, service mark, trademark, trade secret or other intellectual property rights. Another party's material can only be used with proper authorization. By using Services, you represent and warrant that you are the author and copyright owner and/or legitimate licensee of any hosted material and you further represent and warrant that no part of material infringes the trademark or rights of any third party. sendit24.com is entitled to suspend or terminate Customer's transmission(s) that, in sendit24.com's discretion, violates these policies or infringes any law or legal regulation. sendit24.com's DMCA Policy, which is herein included for reference, has more important details on this matter.
7.5 Misuse of System Resources
Customer shall not abuse system resources including, but not limited to, employing content that uses up excessive storage space or CPU time; using excessive bandwidth; or reselling of access to material hosted on sendit24.com servers.
7.6 Other Activities
Whether legal or illegal, sendit24.com reserves the right to decide what is harmful to its Customers, reputation or operations, including any activities that limit or prevent other users from using and enjoying the Service or the Internet.
Please remember that sendit24.com reserves the right to terminate any account or transmission that violates any of the above mentioned policies. If applicable, sendit24.com will refer complaints to law enforcement authorities and actively help law enforcement agencies with the investigation and prosecution of such activities, including conveying information on Customer account and data.
Complaints regarding violators of our Policy must be sent via e-mail to firstname.lastname@example.org. We will investigate each complaint. We reserve the right to directly cancel the Services without preliminary notice.
8. NO WARRANTY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOU USE THE SERVICE AT YOUR SOLE RISK. sendit24.com PROVIDES SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. sendit24.com AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-VIOLATION OF PROPRIETARY OR THIRD PARTY RIGHTS. sendit24.com AND ITS SUPPLIERS MAKE NO WARRANTIES REGARDING THE RELIABILITY, TIMELINESS, ACCURACY OR COMPLETENESS OF OUR SERVICES, CONTENT, OR SOFTWARE; (B) sendit24.com DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS, (II) THE SERVICE WILL BE SECURE, CONTINUOUS, TIMELY OR ERROR-FREE, (III) THE RESULTS THAT MAY BE AQCUIRED FROM THE USE OF THE SERVICE WILL BE PRECISE OR RELIABLE, (IV) THE QUALITY OF SERVICES, INFORMATION, PRODUCTS OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS DETECTED IN THE SOFTWARE WILL BE ELIMINATED; (D) ANY MATERIAL DOWNLOADED OR OTHERWISE RECEIVED THROUGH THE USE OF SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF INFORMATION THAT EMANATES FROM THE DOWNLOAD OF SUCH MATERIAL; (E) NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, THAT YOU RECEIVE FROM US OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY LISTED IN THESE TERMS AND CONDITIONS.
You agree to defend, indemnify, and hold harmless sendit24.com, its officers, affiliates, employees, directors and agents, from and against any claims, actions or demands, including without limitation reasonable legal fees, alleging or emanating from your use of the Service, or your violation of this Agreement or other applicable sendit24.com policies, terms and conditions.
10. Limitation of Liability
You use sendit24.com at your own risk. If you are discontented with any aspect of our Service or with these terms and conditions, or any other applicable rules or policies, you shall have to discontinue the use of the Service. You expressly understand and agree that sendit24.com shall not be liable for any direct, indirect, special, incidental, consequential exemplary damages, including but not limited to, loss of profit, use, data, goodwill or other intangible losses (even if we have been advised of the possibility of such damages), emanating from: (i) the use or the inability to use the Service; (ii) the cost of acquisition of substitute goods and services resulting from any information, data, goods or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unwarranted access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter related to the Service.
11. Modifications to Agreements, Policies or to our Services
sendit24.com reserves the right to modify this Service Agreement at any time without prior notice. sendit24.com also reserves the right to change or discontinue the Service, temporarily or permanently, at any time with or without prior notice to you. You agree that we shall not be liable to you or any third party for any modification, suspension or termination of the Service. You agree that we may set general practices and limits regarding the use of the Service, including the maximum disk space that will be assigned to you on sendit24.com servers, and the maximum number of times (as well as the maximum duration) you may access the Service during a certain period of time. Furthermore, you agree that sendit24.com may change subscription fees at any time without prior notice. Changes in subscription fees will come into effect on expiration of any current Customer subscription.
12.1 Without limiting other solutions
sendit24.com may directly issue a warning, suspend (i.e., prohibit access and suspend operation of Services for Customer) either temporarily or permanently, or terminate Customer's account and refuse to provide Services to Customer in case: (a) sendit24.com thinks that Customer has violated or acted inconsistently with this Agreement, or any other policies; or (b) Customer has not paid fees or other payments due to sendit24.com; or (c) sendit24.com cannot verify or authenticate any information the Customer provides to sendit24.com; or (d) sendit24.com believes that Customer's actions may cause legal liability for Customer, other sendit24.com's customers, or sendit24.com itself.
sendit24.com may also in its sole discretion and at any time terminate the provision of the Service, or any part thereof, with or without prior notice. You acknowledge that any termination of your access to the Service under any provision of these terms and conditions may be effected without prior notice, and acknowledge and agree that sendit24.com may immediately deactivate, archive or delete your account as well as all related information and data and/or any further access to such data or the Service. Furthermore, you acknowledge that sendit24.com shall not be liable to you or any third party for any termination of your access to the Service.
Upon termination of this Agreement by either Customer or sendit24.com, all of Customer rights under this Agreement and sendit24.com's provision of Services will directly terminate.
6 ("Customer Data"), 8 ("No Warranty"), 9 ("Indemnity"), 10 ("Limitation Of Liability") and Section 12 will subsist any termination of this Agreement.
13. Refund and return policy
All purchases of Services through the Site are deemed as nonrefundable prepayments for Services. As such, customers shall not be refunded.
14. Binding arbitration of fee and other disputes
If any controversy or dispute arising from or relating to this Agreement, your use of the Website, the Services or any other matter relating to the relationship between you and the Company, even if arising after this Agreement is terminated, cannot be resolved through mutual agreement, the dispute will be resolved by means of binding arbitration under the auspices of the Swedish Arbitration Association ("SAA") in Stockholm, Sweden, in accordance with the SAA's current Commercial Arbitration Rules. The arbitration award may be enforced as a judgment by a court of competent jurisdiction. This arbitration provision will apply to all disputes between us relating to the services provided to you and alleged infringement of your copyrights or other intellectual property on or through the Website, and will subsist termination of our relationship as well as this Agreement. You also agree that you understand the consequences of agreeing to binding arbitration, including that you give up any and all constitutional and statutory rights to have disputes between us, including copyright infringement disputes, determined by a court of law or equity or by a jury; that discovery of information in arbitration may be limited; and that the arbitration decision will be final and binding, except to the limited extent that law provides for judicial review of arbitration proceedings and decisions.
These terms and conditions will be governed by and construed in accordance with the laws of Sweden, excluding the body of law governing conflict of laws. If any provision of these Terms is held to be invalid or unenforceable, such provision will be enforced to the greatest extent possible and the remaining provisions will remain in full force and effect. Headings are for reference purposes only and in no way define, construe, limit or describe the scope or extent of such section. sendit24.com's failure to act with regard to a breach by Customer or others does not waive sendit24.com's right to act with respect to subsequent or similar breaches. No Customer's action arising in accordance with this Agreement may be brought at any time more than twelve (12) months after the facts occurred upon which the cause of action arose.
Customer and sendit24.com are independent contractors, and this Agreement does not create an agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship.
Customer is not entitled to assign any of its rights or delegate any of its duties under this Agreement, and any attempted assignment will be null and void.
15.3 Force Majeure
Operation of our Services may be interfered with by numerous factors beyond the scope of our control and we shall not be liable to you for any delay or failure to perform under this Agreement resulting directly or indirectly from causes beyond sendit24.com's control.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, as narrowly as possible, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, construe, limit or describe the scope or extent of such section.
15.5 sendit24.com Confidential Information
You represent and warrant to sendit24.com that (a) you are not a competitor of sendit24.com, (b) you shall keep private information and materials belonging to sendit24.com, pre-release software, testing or testing procedures strictly confidential and (c) you shall not use any information obtained from access to the sendit24.com Website or use of sendit24.com Services to compete with sendit24.com in its business.
With exception of other terms or agreements present on the Website, this Agreement sets forth the complete understanding and agreement between us with respect to the subject matter here of.
sendit24.com is commited to cooperate with any and all legal authorities if an investigation should arise.