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Terms Of Service
These Terms of Service set forth the terms and conditions upon which Racad Tech, Inc. and Racad
("the Company") makes available its proprietary file transmission and document conversion services
("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.
You acknowledge and agree that the Company may revise these Terms of Service from time to time.
By continuing to or use the Services after GoSendEx makes any such revision, you agree to be bound
by the revised Terms of Service.
Description of Services
The Services provide a user or multiple users’ ability to send a file (a "User File") to one or more
recipients identified by a valid email address or other distinguishing details such as user name.
The Services operate by storing the specified User File on The Company’s server and then sending
to the recipient(s) an email that contains a link to the ftp server, which then refers them to
the automatic download tool or the file itself. 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 here.
You acknowledge and agree that The Company 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. It is the recipients’
responsibility to download files sent to him once the files have been transmitted.
Responsibility for Data
You have sole responsibility for all User Files that you store on GoSendEx servers.
You acknowledge and agree that GoSendEx will not be responsible for any failure of
the Services provided. Failure of Services include failing to store a User File,
the deletion of a User File stored on the servers, or for the corruption of or loss
or any data, information or content contained in a User File.
Privacy Policy
The Company respects the privacy of others. These Terms of Service incorporate the
terms of The Company’s Privacy Policy.
Copyright Policy
YOU WILL NOT USE THE SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE
ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE
VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. GoSendEx has
adopted and implemented a policy that provides for the termination in appropriate
circumstances of the accounts of users who repeatedly infringe or are believed to
be infringing the rights of copyright holders.
Proprietary Rights
All rights, title, and interest in and to the Services are and will remain the
exclusive property of GoSendEx 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, distribute, sell, transfer, publicly display, publicly
perform, transmit, or otherwise use the Services.
Trademarks
Racad Tech, Inc., the Racad Tech Logo, GoSendEx, the GoSendEx logo, and all other
GoSendEx trademarks, service marks, product names, and trade names of The Company
appearing on the Services are owned by The Company. 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, pornographic, 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 GoSendEx's
computer systems or the technical delivery systems of GoSendEx'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;
- Impersonate or misrepresent your affiliation with any person or entity.
The Company 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. The Company may involve and cooperate with
law enforcement authorities in prosecuting users who violate these Terms of Service.
You acknowledge that The Company 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.
Fees
By clicking on “agree to privacy policy”, “Agreeing to terms of service” registering
and using the services on The Company site(s), you agree to pay all relevant merchant
fees to your account as specified in the set up or modified in the admin section.
Fees are billed and payable on a monthly basis. Failure to pay invoices within 30 days
will result in termination of service. The Company will make there best efforts to
notify you via email regarding your account status.
Links
The Services may make available links to third-party Websites. You acknowledge and
agree that The Company 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 GoSendEx
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. The Company
reserves the right to discontinue providing or to change the Services at any time and
without notice. Except to the extent that The Company is required by applicable law
or court order to retain copies of any of your User Files that are stored on the
servers, upon any termination of your account, The Company 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, The Company explicitly disclaims
any warranties of merchantability, fitness for a particular purpose or non-infringement.
The Company 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 The Company will
not be responsible for any damages to your computer system or the computer system
of any third party that result from use of the services.
Indemnity
You agree to defend, indemnify, and hold harmless The Company, 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 The Company 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 user 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
The Company has been informed of the possibility of such damage, even if a remedy
set forth herein is found to have failed of it's essential purpose.
In no event will The Company 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
one hundred dollars ($100). The limitations of damages set forth above are fundamental
elements of the basis of the agreement between The Company 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
The Company may provide you with notices, including those regarding changes to the
Services by email or by postings on the Services.
Waiver
The failure of The Company to enforce any right or provision of these Terms of Service
will not be deemed a waiver 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
you waive any objection to jurisdiction and venue in such courts.
Entire Agreement
These Terms of Service are the entire and exclusive agreement between The Company and
you regarding the Services. These Terms of Service supersede and replace any prior
agreements between The Company 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 services provided by The Company, affiliate services or third-party
content software or services.
If you have any questions about these Terms of Service, please contact GoSendEx
at support@racadtech.com.
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