Terms of Service
Last Updated: January 8th, 2009
Description of Services
The Services provide a user the ability to send a file (a "User File"). The Services operate by storing the specified User File on a enormego (twenty zero, corp.) server and then allowing the user to send the User File to anyone they choose. The recipient(s) can then access and download the User File by clicking on the link. You acknowledge and agree that enormego (twenty zero, corp.) 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.Responsibility for Data
You have sole responsibility for all User Files that you store on enormego (twenty zero, corp.) servers through use of the Services. You acknowledge and agree that enormego (twenty zero, corp.) will not be responsible for any failure of the Services to store a User File, for the deletion of a User File stored on the Services, or for the corruption of or loss or any data, information or content contained in a User File.Privacy Policy
enormego (twenty zero, corp.) respects the privacy of others. These Terms of Service incorporate the terms of enormego (twenty zero, corp.)'s Privacy Policy.Copyright Policy
enormego (twenty zero, corp.) respects the intellectual property rights of others and expects our users to do the same. Unauthorized copying, modification, distribution, public display, or public performance of a copyrighted work is an infringement of the copyright holder's rights. You agree to comply with the terms of enormego (twenty zero, corp.)'s Copyright Policy.Proprietary Rights
All right, title, and interest in and to the Services are and will remain the exclusive property of enormego (twenty zero, corp.) and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Service, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Services.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 enormego (twenty zero, corp.)'s computer systems or the technical delivery systems of enormego (twenty zero, corp.)'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; or
- Impersonate or misrepresent your affiliation with any person or entity.
enormego (twenty zero, corp.) 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. enormego (twenty zero, corp.) may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that enormego (twenty zero, corp.) 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.
Third Party Application Usage
The QuickShareIt application and service is privately developed and distributed commercially free of charge. Any and all usage of the QuickShareIt service is to be conducted in accordance with the terms set forth within the "Terms of Service" as well as the "Privacy Policy". The usage of QuickShareIt's service by third party applications or products is strictly prohibited unless written consent is provided by enormego (twenty zero, corp.). This restriction is put in place to limit extensive pressure placed on the QuickShareIt service and Enormego Staff by unofficial usage and prevents significant losses due to un-expected infrastructure and maintenance costs. Upon discoverance of such activity, enormego (twenty zero, corp.) will contact the infringing party with a request to cease unauthorized usage of the QuickShareIt service. If compliance is not met, legal measures will be taken by enormego (twenty zero, corp.) to protect the QuickShareIt service and the interests of enormego (twenty zero, corp.).Links
The Services may make available links to third-party websites. You acknowledge and agree that enormego (twenty zero, corp.) 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 enormego (twenty zero, corp.) 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.Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ENORMEGO (TWENTY ZERO, CORP.) EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ENORMEGO (TWENTY ZERO, CORP.) 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 ENORMEGO (TWENTY ZERO, CORP.) WILL NOT BE RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR TO THE COMPUTER SYSTEM OF ANY THIRD PARTY THAT RESULT FROM USE OF THE SERVICES.Indemnity
You agree to defend, indemnify, and hold harmless enormego (twenty zero, corp.), 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 ENORMEGO (TWENTY ZERO, CORP.) 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 USE 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 ENORMEGO (TWENTY ZERO, CORP.) HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.IN NO EVENT WILL ENORMEGO (TWENTY ZERO, CORP.)'S 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 BARGAIN BETWEEN enormego (twenty zero, corp.) 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.