At TransferBigFiles.com, we encourage customers to try our service prior to going forward with their purchase. In the event that you are not satisfied with the service, we are happy to refund your money within the first 14 days after initial signup.
To request a refund, first, cancel your account by following the "Cancel Account" link at the bottom of the Account Page, then email us at firstname.lastname@example.org requesting a refund along with the billing information (billing first/last name, email address) you used to signup for the account. Once refund has been issued, we will email you a confirmation.
TransferBigFiles.com Terms of ServiceLast Updated May 24th, 2010.
TERMS OF SERVICE
NOTICE TO USER: THIS IS A LEGAL AGREEMENT BETWEEN AXOSOFT LLC (“Axosoft” or “Us”
or “We”) AND YOU (“You”) REGARDING THE SERVICES PROVIDED TO YOU THROUGH THE WEBSITE
TRANSFERBIGFILES.COM. PLEASE READ IT CAREFULLY.
BY USING AND/OR PAYING FOR THE SERVICE(S) SET OUT HEREIN YOU ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU USE THE SERVICES ON BEHALF OF YOUR EMPLOYER, YOU WARRANT THAT YOU ARE AUTHORIZED TO ENTER INTO LEGALLY BINDING CONTRACTS ON BEHALF OF YOUR EMPLOYER AND THE SAME RIGHTS, LIMITATIONS AND RESTRICTIONS APPLY TO YOUR EMPLOYER. WE ARE RELYING UPON YOUR REPRESENTATION THAT YOU MAY BIND YOUR EMPLOYER TO THE TERMS OF THIS AGREEMENT. IF YOU AND/OR YOUR EMPLOYER DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, OR IF YOU ARE NOT AUTHORIZED TO ENTER INTO LEGALLY BINDING CONTRACTS ON BEHALF OF YOUR EMPLOYER, YOU MUST NOT USE THE SERVICE(S) OR MAKE ANY PAYMENT.
"Effective Date" means the date which You commence using the Services.
"Services" means the limited storing and sending of your files (“Data Files”) to others through the website(s) and other hardware and software owned and operated by Axosoft. There shall be multiple service levels available within the Services including free Services and subscription based paid Services that you may request from Axosoft and that we may provide to You for free or for a fee, as the case may be.
"Subscription Fee" means the monthly fee payable by You in advance for the provision
of the Services, and as may be modified by Axosoft on notice to You from time to
"Subscription Period" means the period from the Effective Date until this Agreement is terminated in accordance with this Agreement.
GRANT OF RIGHTS; LIMITATIONS AND RESTRICTIONS
Subject to all the terms and conditions of this Agreement, Axosoft shall supply the Services to You and grant You a personal, non-transferable, terminable license to use the Services from the Effective Date for the Subscription Period based upon the level of Services you have requested that we provide You.
Some of the Services provided are free while others shall only be provided in exchange for a monthly Subscription Fee. The monthly Subscription Fee payable by You to Us will vary depending upon the Services you request us to provide You. You may request and Axosoft may agree to upgrade or downgrade the Services provided to You and the Subscription Fee payable will be amended accordingly for the next monthly payment.
Axosoft shall use all reasonable efforts to ensure that access to the Services is available to You. You agree and understand that there will be times (planned and emergency) when the Services will not be available. Axosoft shall make commercially reasonable efforts to notify You of planned downtime and unavailability of the Service. Notwithstanding such undertaking, Axosoft shall not be liable for any Service unavailability which arises as a result of emergency downtime and Service unavailability.
You hereby agree not to use the Services for any use or purpose that is: (i) obscene, libelous, blasphemous, pornographic, defamatory, inciting hatred, terrorism or any similar offence; (ii) unlawful or misleading; (iii) for any use that breaches the intellectual property rights of others including but not limited to third party copyrights, storing or sharing copyrighted music or other copyrighted material that has not been legally obtained; (iv) undertaken on behalf of anyone other than You; (v) in violation of any applicable local, state, national and foreign laws, treatises and regulations;
We may establish revised practices and policies concerning the 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 file may be accessed through the Services in a given period of time, and the maximum number of recipients to which You may send Data Files.
We will comply with court orders or lawful requests or demands to preserve or produce information pursuant to local, state or federal laws including requests made by governmental authorities pursuant to the Electronic Communication Transactional Records Act, 18 U. S. C. § 2701, et seq. Any information delivered by You or to You using the Services is subject to preservation and/or production by us upon such lawful requests.
Unauthorized use of the Services, and/or the resale of the Services without Axosoft's prior written consent, is expressly prohibited.
THIS IS NOT A BACK UP DATA STORAGE SERVICE.AXOSOFT WILL NOT BACK UP OR SECURE ANY FILES SENT USING THE SERVICES OR STORED ON OUR SERVERS. THE LIMITED STORAGE SERVICES AVAILABLE TO YOU ARE NOT INTENDED TO BACK UP OR PROTECT THE DATA FILES. YOU SHOULD NOT RELY UPON THE SERVICES TO BACK UP YOUR DATA FILES. TO THE EXTENT THAT YOU REQUIRE DATA BACK UP SERVICES, WE RECOMMEND THAT YOU UTILIZE ONE OF THE MANY PROVIDERS OFFERING THOSE SERVICES. IN THE EVENT OF A SERVER CRASH, ANY FILES STORED ON THAT SERVER WILL NOT BE RECOVERABLE. YOU SHOULD NOT RELY UPON THE SERVICES TO BACK UP YOUR FILES. AS DETAILED BELOW, WE DISCLAIM ANY LIABILITY TO YOU FOR LOST OR DESTROYED FILES.
COPYRIGHTED MATERIALS POLICIES
Axosoft respects the intellectual property rights of others and expects You to do the same. You will not use the Services to transmit, rout, provide connections to or store any material that infringes any copyrights or otherwise violates or promotes the violation of the intellectual property rights of any third party. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, upon receiving any complaints that You are sending or storing materials copyrighted or otherwise owned or protected by a third party, we may, in our sole discretion, and without any confirmation, immediately remove the allegedly infringing material from our servers, making it inaccessible by You or anyone else.
RESPONSIBILITY AND OWNERSHIP OF DATA FILES
We will not claim any ownership rights in the Data Files that you make available
to others through the Services. You have sole responsibility for all Data Files
that you send or store on Axosoft’s servers through your use of the Services. You
acknowledge and agree that Axosoft will not be responsible for any failure of the
Services to store or send a Data File, or for the deletion, corruption, or loss
of any Data Files stored or sent using the Services.
By making Data Files available through the Services, you grant Us a non-exclusive, worldwide, transferable, sub-licensable, royalty-free license to distribute, copy, and process the Data Files on your behalf and on behalf of the third parties to whom You deliver Data Files for the purpose of ensuring secure transfer and delivery of Data Files.
Axosoft has sole and exclusive ownership of all right, title, and interest in and
to the Services and any software or hardware utilized in the provision of the Services,
including all copyright and any other intellectual property rights therein. This
Agreement conveys a limited right and license to use the Services and any software
made available to You. It may not be construed to convey title to or ownership of
the Services or the software contained therein to You. All rights in and to the
Services not expressly granted to You are reserved by Axosoft.
The Services are protected by copyright, trademark, and other laws of the United States and foreign countries and organizations of countries (including but not limited to the European and the Commonwealth of Independent States). Except as expressly provided in this Agreement, You may not reproduce, modify, reverse engineer or prepare derivative works, distribute, sell, transfer, publicly display, transmit or otherwise use these Services.
Axosoft, TransferBigFiles.com, TransferBigFiles, and any logos, trademarks. service marks, product names and trade names associated with Axosoft or TransferBigFiles.com are owned by Axosoft. You may not use any of our trademarks, service marks, product names or trade names without our express written consent.
The password and log-on details loaned to You are confidential to You and You hereby agree that You shall not share such information with any third parties. You shall notify Axosoft immediately if You are aware of any third party having access to such information.
When you register with Axosoft and TransferBigFiles.com, and at any time thereafter, you can select what type of Services you require. In consideration for the provision of the Services, You shall pay Axosoft the applicable monthly Subscription Fee by automatic monthly credit against the credit card You register with us at the time You sign up for the Services. Axosoft shall issue invoices in respect of the Subscription Fee and shall collect the Subscription Fee from your credit card monthly in advance. The Subscription Fee is exclusive of VAT or other sales tax which, if applicable to You, shall be payable by You at the then prevailing rate. In the event that the Subscription Fee, as appropriate, is not collected in accordance with the provisions herein, Axosoft may deny You access to the Services without notice.
SUBSCRIPTION PERIOD AND TERMINATION
This Agreement shall commence on the Effective Date and shall remain in effect for
the Subscription Period unless terminated earlier by either party pursuant to this
Either Axosoft or You may terminate this Agreement at any time, for any reason or no reason. Upon termination of this Agreement; (a) the rights and licenses granted to You herein shall terminate; (b) You shall cease all use of the Services; and (c) Axosoft shall at its own discretion remove and/or purge your Data Files and account information from the system.
If You cancel the Services or otherwise terminate the Agreement, we may retain your Subscription Fees paid to Us by You pursuant to this Agreement. You shall not be entitled to a refund of any Subscription Fees paid to Us. If We terminate the Agreement, We will refund You, through a credit to your credit card, a prorated amount of any paid but unused Fees previously paid by You to Axosoft for Services pursuant to this Agreement. The prorated amount refunded to you, upon termination by Us, will be calculated by dividing your monthly Subscription Fee at the time the Agreement and Services are terminated by 30 and multiplying that amount by the number of days remaining in the billing month in which the Services were terminated by US.
WARRANTIES AND LIABILITY LIMITATIONS
Axosoft does not represent or warrant that: (i) the use of the Services will be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (ii) the Services will meet your requirements or expectations, (iii) errors or defects will be corrected, (iv) the Services or the server(s) that make the Services available are free of viruses or other harmful components. The Services are provided to You strictly on an "AS IS" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law.
Your sole remedy with respect to any claims arising out of this Agreement shall be a claim for money damages limited to the lesser of: (i) the aggregate to the monies paid by You to Axosoft under this Agreement during the twelve (12) month period preceding the event giving rise to such liability; or (ii) One Hundred US Dollars ($100).
In no event shall Axosoft be liable for: (i) any special, indirect, incidental or consequential damages, including loss of profits and goodwill, business or business benefit, or the cost of procurement of substitute products or services by You even if advised of the possibility of such damages; (ii) any delay or failure to provide the Services that is due to third parties, including, without limitation, internet service providers, data centers, server hosting companies and telecommunications companies; (iii) credit card fraud committed against You by any third party provider of credit card services.
You may not assign this Agreement, in whole or in part, without the prior written consent of Axosoft.
You consent to the use by Axosoft of your name in customer lists and other publicity, including interviews, case studies, and conference discussions, provided that such publicity accurately describes the nature of the relationship between You and Axosoft.
You and We agree that this Agreement shall be governed by and construed in accordance
with the laws of the State of Arizona, United States of America. You and We further
agree that any litigation between You and Axosoft regarding this Agreement shall
be exclusively conducted in the state or federal courts located in Maricopa County,
Arizona, United States of America.
We shall comply with all lawfully issued orders, demands, subpoenas, or requests for information served upon Us in compliance with and pursuant to the laws of the United States of America and its States.
You agree that because of the unique nature of the Services and Axosoft's proprietary rights therein, a demonstrated breach of this Agreement by You would irreparably harm Axosoft and monetary damages would be inadequate compensation. Therefore, You agree that Axosoft shall be entitled to preliminary and permanent injunctive relief, as determined by any court of competent jurisdiction to enforce the provisions of this Agreement. The prevailing party to any such request for preliminary or permanent injunctive relief shall be entitled to an award of its reasonable attorneys’ fees.
If any provision of this Agreement is declared void, illegal, or unenforceable, the remainder of this Agreement will be valid and enforceable to the extent permitted by applicable law. In such event, the parties agree to use their best efforts to replace the invalid or unenforceable provision by a provision that, to the extent permitted by the applicable law, achieves the purposes intended under the invalid or unenforceable provision.
Any failure by any party to this Agreement to enforce at any time any term or condition under this Agreement will not be considered a waiver of that party's right thereafter to enforce each and every term and condition of this Agreement.
Neither party will be responsible for delays resulting from circumstances beyond the reasonable control of such party, provided that the nonperforming party uses reasonable efforts to avoid or remove such causes of nonperformance and continues performance hereunder with reasonable dispatch whenever such causes are removed.
This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements, oral and written, made with respect to the subject matter hereof and cannot be altered except by agreement in writing executed by an authorized representative of each party. No purchase order and/or standard terms of purchase provided by You shall supersede this Agreement.
Nothing in this Agreement shall give, directly or indirectly, any third party any enforceable benefit or any right of action against Axosoft and such third parties shall not be entitled to enforce any term of this Agreement against Axosoft.
If You have any questions regarding this Agreement or if You wish to discuss the terms and conditions contained herein please contact us by emailing us at email@example.com.