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TERMS OF USE

This is what lawyers tell us to put here .

By registering and login into binfire.com you agree that you have read, understand the contents of, and agree to all terms and conditions.

 

What you can’t do:

You cannot transfer your account in binfire.com in any format to any third party.

 

Limitation on Our Responsibility:

All transactions in Binfire.com are between the parties performing file / information sharing only. Binfire.com is not an agent of any party. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party. Binfire.com shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. Should you have any problems resulting from your use of any third party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible unless the problem was the direct result of our breaches.

 

User Conduct:

You are solely responsible for the content of all data you store or retrieve from your account and from all public folders. You agree to abide by all applicable local, state, national and international laws and regulations in connection with binfire.com service. In addition, without limitation, you agree not to use Binfire.com service to:

1. Send junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise

2. Send unlawful, defamatory, threatening, pornographic, abusive, libelous, or otherwise objectionable messages o of any kind or nature

3. Store or transmit any file containing

a. Unlawful, defamatory, threatening, pornographic, abusive, libelous, or otherwise objectionable material of any kind or nature

b. Any material that encourages conduct that could constitute a criminal offense

c. Any code or material that violates the intellectual property rights or rights to publicity or privacy of others

4. Transmit any material that contains software viruses or other harmful or computer code, files or programs.

5. Interfere with or disrupt servers or networks connected to binfire.com service or violate the regulations, policies or procedures of such networks

6. Access or attempt access to Binfire.com service, other accounts, computer systems or networks connected to the Service, through password mining or any other means

7. Harass or interfere with other users at Binfire.com

8. Abuse the bandwidth usage within Binfire.com service

9-You agree to receive email from binfire.com regarding project notices, confirmation, updates and introduction of new services.

In summary, just do nothing but good!

Binfire.com MAKES NO WARRANTIES:

Binfire.com is in no way liable for loss of customer data. Under no circumstances will Binfire.com be held accountable for any loss of customer data. By becoming a Binfire.com user you, the customer, acknowledge that you forfeit the right to hold Binfire.com accountable for any and all technical errors, including loss of user files (customer data). We reserve the right to change, modify and alter this term of use at anytime.

INTELLECTUAL PROPERTY RIGHTS AND NOTICES:

Except for the licenses granted herein, you have no right, title or interest in or to Binfire.com Services or any content. You agree that Binfire.com or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to Binfire.com service and content, including, without limitation, text, images, and other multimedia data.

All contents of the Binfire.com’s Site and Services including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement (“Content”) are: Copyright © 2010 Binfire.com, and/or the proprietary property of its suppliers, affiliates, or licensors. Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via a third party Web site or other networked computer environment) without the express prior written consent of Binfire.com and/or it suppliers, affiliates, or licensors. All rights reserved.

Binfire.com and the Binfire.com logo are including without limitation, either trademarks, service marks or registered trademarks of Binfire.com, and may not be copied, imitated, or used, in whole or in part, without Binfire.com’s prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.

Binfire.com may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Site that are part of the Services. Unless we have granted you licenses to our intellectual property in these terms and conditions, our providing you with such Web pages does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT:

Binfire.com respects copyright law and expects Users to do the same. Binfire.com expressly prohibits the use of its Services for the illegal transmission of copyrighted material, and will respond if notified by content owners to disable copyrighted material from being transmitted via its Services. In addition, Binfire.com may disable individual accounts if these accounts are found to be illegally transferring copyrighted material.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Binfire.com’s Agent for Notice of claims of copyright or other intellectual property infringement (“Agent”) the written information specified below: (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) A description of the copyrighted work that you claim has been infringed upon; (3) A description of where the material that you claim is infringing is located on the Site; (4) Your address, telephone number, and e-mail address; (5) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

THIRD PARTY CONTENT, SITES AND SERVICES:

All transactions using Binfire.com's services are between the transacting parties only. The Services may contain features and functionalities linking you or providing you with certain functionality and access to third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. We may also provide some content to you as part of the Services. However, Binfire.com is not an agent of any transacting party, nor or we a direct party in any such transaction. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party. Similarly, we are not responsible for any third party content you access with the Services, and you irrevocably waive any claim against us with respect to such sites and third-party content. Binfire.com shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the Services, including the delivery of and payment for goods and services. Should you have any problems resulting from your use of any third party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible unless the problem was the direct result of our breaches.

BINFIRE.COM MAKES NO WARRANTIES:

Binfire.com is in no way liable for loss of customer data. Under no circumstances will Binfire.com be held accountable for any loss of customer data. By becoming a Binfire.com user you, the customer, acknowledge that you forfeit the right to hold Binfire.com accountable for any and all technical errors, including loss of user files (customer data).

In the event that Binfire.com concludes offering data storage services, Binfire.com users will receive the option to have their stored files sent to them in CD or other format selected by Binfire.com. Binfire.com does not guarantee length of service.

Binfire.com intends for the information contained on its Site and Services to be accurate and reliable; however, errors sometimes may occur. In addition, Binfire.com may make changes and improvements to the information provided herein at any time. BINFIRE.COM PROVIDES ITS SITE AND SERVICES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BINFIRE.COM, ITS AFFILIATES, RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND/OR SUPPLIERS (EACH, A “BINFIRE.COM PARTY,” AND COLLECTIVELY, THE “BINFIRE.COM PARTIES”) MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE BINFIRE.COM PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.

LIMITATIONS OF LIABILITY:

IN NO EVENT WILL ANY BINFIRE.COM PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE OF THE SOFTWARE OR SERVICE, EVEN IF SUCH BINFIRE.COM PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION K IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY BINFIRE.COM PARTY WITH RESPECT TO THIS CONTRACT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. In the event that, notwithstanding the foregoing disclaimers and indemnification, Binfire.com is found responsible to any Binfire.com User for any reason whatsoever, Binfire.com's responsibility shall be limited to the amounts actually paid by such user for Binfire.com's services, and shall not include punitive damages or consequential or resulting damages of any nature.

CHANGES TO THE SERVICE; ADDITIONAL LIABILITY LIMITATION:

WE MAY CHANGE THE SOFTWARE AND SERVICE OR DELETE FEATURES AT ANY TIME AND FOR ANY REASON. WITHOUT LIMITING THE GENERAL NATURE OF SECTIONS I AND J, THE BINFIRE.COM PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS H AND I, BINFIRE.COM IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SOFTWARE AND SERVICES, (2) ANY INCOMPATIBILITY BETWEEN THE SOFTWARE AND SERVICES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SOFTWARE AND SERVICES IN AN ACCURATE OR TIMELY MANNER, (4) ANY LOSS OF USER DATA, INCLUDING, WITHOUT LIMITATION, DAMAGED OR LOST USER FILES, THROUGH USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE DESKTOP SOFTWARE, OR (5) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SOFTWARE AND SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION:

You agree to indemnify, defend and hold harmless, Binfire.com, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement by you. Binfire.com reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Binfire.com in asserting any available defenses.

TERMINATION OF SERVICE:

Binfire.com reserves the right to terminate without notice your password, account or use of Binfire.com Services and delete any data within Binfire.com service, in our sole discretion, without cause and/or without notice. You may terminate your user account upon notice to Binfire.com at any time. Upon termination by Binfire.com or at your direction, you may request a file of your data, which Binfire.com will make available for a fee. You must make such request at the notification of termination to receive such file within thirty (30) days of termination. Otherwise, ANY DATA YOU HAVE STORED ON BINFIRE.COM’S SYSTEMS MAY NOT BE RETRIEVED, and Binfire.com shall have no obligation to maintain any data stored in your account or to forward any data to you or any third party.

In addition to other termination provisions, Basic Users (free 10GB accounts) are subject to termination if: (a) the Basic User does not engage in any Binfire.com activity within thirty (30) days of registration, or (b) the Basic User does not engage in any Binfire.com activity for any period of 60 consecutive days. We will send you an email describing the situation and informing you that your account will be closed within seven (7) days unless you begin to use the account during that period. At the conclusion of that seven (7) day period, absent any such activity we will close the account. Any data you may have stored will be lost.

CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES:

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, excluding its conflicts-of-law principles. Please note that your use of the Services may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with Binfire.com or relating in any way to your use of the Services resides in the courts of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of California in connection with any such dispute including any claim involving Binfire.com or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

EUROPEAN USERS:

By using the Binfire.com Services, Users in the European Union understand and consent to the processing of personal information in the United States.

OTHER TERMS:

If any part of these terms and conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. A printed version of these terms and conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

MISCELLANEOUS:

Binfire.com may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. ANY CLAIM RELATED TO THIS CONTRACT OR THE SOFTWARE AND SERVICE MUST BE BROUGHT WITHIN ONE YEAR. THE ONE-YEAR PERIOD BEGINS ON THE DATE WHEN THE CLAIM FIRST COULD BE FILED. IF IT IS NOT, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS. IT ALSO APPLIES TO US AND OUR SUCCESSORS AND ASSIGNS. The failure of Binfire.com to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision. The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.

Questions about this policy, please contact Binfire.com at support@binfire.com

 

 

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