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TERMS AND CONDITIONS OF USE
The SonicFile.net service ("SonicFile") is offered to you conditioned that you agree to all the terms and conditions contained herein. If you do not agree to any of these terms you must immediately destroy all software and other materials that belong to SonicFile.net and discontinue the use of our service. These terms and conditions serves as a binding contract you between you (the "User") and SonicFile, by using our service you agree to all these terms and conditions.
DESCRIPTION OF SERVICE
SonicFile.net operates a collection of electronic services that are collectively referred to as the "SonicFile Service". The collection is comprised of the "SonicFile Website", which is the website and its associated web pages; and the "SonicFile Software" which is used by the "User" to send large files over the web to other users.
GENERAL USE
You agree that you will not use the SonicFile Service, in part or in whole, for any purpose that is unlawful or otherwise prohibited by these terms and conditions. You agree that you will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, use on any other website, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the SonicFile Service. You agree not to engage in activities with the purpose of obtaining lists of users or other personal information about other users. You agree that you will not use the SonicFile Service in any manner that could damage, disable, overburden, or impair the normal operation of the SonicFile Service or the networks connection to the SonicFile Service. You may not interfere with any other party`s use of the SonicFile Service or attempt to access information belonging to any other party. You may not attempt to gain unauthorized access to other accounts, computer systems or networks connected to the SonicFile Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any information through any means not intentionally made available through the SonicFile Service.
REGISTRATION
In order to use the SonicFile Service, you are required to provide specific personal information during the sign up process. You agree to provide current, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for maintaining the confidentiality of the password you choose to use in conjunction with the SonicFile Service. SonicFile.net will not be liable for any loss that you may incur as a result of someone else using your password, either with or without your knowledge. You may
not attempt to impersonate another user at any time. You may qualify for one, and only one, free trial period at the time of your first registration. You may not register alternate identities to take advantage of additional free trial periods. Details gathered by the registration process will be used to operate within the SonicFile Service and will not be disclosed to any other party. We will take all the necessary precautions to keep your information safe.
UNACCEPTABLE CONDUCTS
When using the SonicFile Service you agree to not:
* Send chain letters, junk email, or other unsolicited messages.
* Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
* Transmit any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
* Transmit any content protected by any patent, trademark, trade secret, copyright or other proprietary rights of any party unless you have sole ownership over that material or have received all necessary consents to
distribute that material.
* Transmit files that contain viruses, Trojan horses, worms, corrupted files, or any other software or programs that may damage the operation of another`s computer or property of
another.
* Transmit any content that is harmful to minors.
* Restrict or inhibit any other user from using and enjoying SonicFile Service.
* Harvest or otherwise collect information about others, including e-mail addresses.
* Violate any applicable laws or regulations.
* Create a false identity for the purpose of misleading others.
* Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities Exchange Commission, any rules of national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.SonicFile.net has no obligation to monitor the conduct of users of the SonicFile Service. SonicFile.net reserves the
right at all times to disclose any information as SonicFile deems necessary to satisfy any applicable law, regulation, legal process or governmental request, in SonicFile.net`s
sole discretion.
STORAGE OF DATA
By using the SonicFile Service, your personal data will be temporarily stored on our servers. While SonicFile.net believes user privacy is very important and operates the
SonicFile Service by following standard operating procedures that work to ensure privacy of user data, you should have no expectation of privacy with regard to user data given the
current regulatory and technical environment. All data transmitted during the use of the SonicFile Service will be deleted based on a timeline determined by SonicFile.net. Therefore, you should have no expectation of persistency with regard to the data stored on our servers in conjunction with the use of the SonicFile Service. You agree that SonicFile.net has no responsibility or liability for the deletion, corruption or failure to store any data stored or transmitted by the SonicFile Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SONICFILE SERVICE IS AT YOUR SOLE RISK. SONICFILE.net AND ITSSUPPLIERS PROVIDE THE SONICFILE SERVICE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. (B) SONICFILE.net MAKES NO WARRANTY THAT (i) THE SONICFILE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SONICFILE SERVICE WILL BE
UNINTERRUPTED, TIMELY, ACCURATE, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SONICFILE SERVICE WILL MEET YOUR EXPECTATIONS. (C) ANY MATERIAL TRANSMITTED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SONICFILE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE TRANSMISSION OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
SonicFile.net does not control, endorse or validate any transmissions sent via SonicFile and, therefore, SonicFile.net specifically disclaims any liability resulting from your participation in the SonicFile Service.
IN NO EVENT SHALL SONICFILE.net AND/OR OUR NETWORK PROVIDERS (SP`s) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, LOSS OF DATA OR LOSS OF PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF SONICFILE.net OR ANY OF ITS SP’s HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE SONICFILE SERVICE, (B) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, (C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SONICFILE SERVICE, (D) THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL STATEMENTS OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER`S RIGHTS, INCLUDING INTELLECTUAL PROPERTY, OR (E) ANY OTHER MATTER RELATING TO THE SONICFILE SERVICE. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SONICFILE SERVICE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SONICFILE SERVICE.
COPYRIGHTS
The SonicFile software and all content available on the SonicFile.net Website is: Copyright © 2002-200 by Erhard Smit (SonicFile.net), 17 Kruger Street, Louis Trichardt, South Africa. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials at the SonicFile.net Website is permitted without the written
permission of SonicFile.net. Any rights not expressly granted herein are reserved.
TERMINATION
SonicFile.net reserves the right, in its sole discretion, to terminate your access to the SonicFile Service or any portion thereof, at any time, without notice. SonicFile.net may also terminate or suspend your access to SonicFile Service due to lack of use, failure to perform administrative procedures or failure to pay fees associated with your account within a period of time determined by SonicFile.net. Upon termination of your access to the SonicFile Service, your right to use the SonicFile Service immediately ceases.
NOTIFICATION OF SERVICES
SonicFile.net reserves the right to change the terms and conditions of use under which the SonicFile Service is offered at any time and without specific notice to you. The most current terms and conditions will be posted on the SonicFile Website and should be reviewed by you prior to use. By your continued use of the SonicFile Service, you agree
that SonicFile.net shall not be liable to you or to any third party for any modification, suspension or discontinuance of the SonicFile Service. Modifications may or may not include charges associated with the use of the SonicFile Service.