Interoute may modify the Agreement which will become effective immediately upon posting on the website. Your continued use of the website and any associated services, the "Services", indicates your acceptance of the Agreement. If you are dissatisfied with anything related to the Interoute website, your sole remedy is to discontinue use of the Services. You use the Services of Interoute at your own risk.
The Services provide a user the ability to send a file (a "User File") to one or more recipients identified by a valid email address. The Services operate by storing the specified User File on an Interoute server and then sending to the recipient(s) an email that contains a link to the User File. The recipient(s) can then access and download the User File by clicking on the link. You acknowledge and agree that Interoute 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.
You acknowledge that the Services contains various materials and content, without limitation, the "Content", provided either by Interoute, third party authors, developers and vendors and the underlying intellectual rights, copyright and trademarks are owned by Interoute and /or its contributors and may not be copied in whole or in part. All Content on the Services is copyrighted pursuant to applicable copyright law by the respective Content owner. You may download, copy and make personal, non-commercial use of the Content not otherwise prohibited by any applicable law, rule or regulation; provided that you maintain all copyright and other notices contained in such Content; and provided that you shall not retain or store any significant portion of any Content. You will comply with laws regarding transmission of data.
You may upload on the Services Content created by you or for which you have received express permission from the owner so that other users may view and download said Content. You assume all risk and liability for the Content you upload. You grant, transfer and assign to Interoute and its successors, assigns and licensees, FOR THE SOLE PURPOSE of enabling us to make your Content available through the Service, a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, and archive the Content.
If your copyrighted or trademarked works are on the Interoute Express website without your permission, please contact abuse@Interoute.com describing the work that has been infringed, where it is located on the website, and provide your contact information and a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the owner, or authorized by the owner, of the copyrighted or trademarked work. Illegal files will be removed immediately after notice with sufficient information.
You control your data through its generated link via your free account and/or cookies which may be placed on your computer. Interoute bears no responsibility for maintaining your data indefinitely.
You are responsible for maintaining the confidentiality of your access information and are responsible for all activities that occur utilizing your information. Although Interoute will not be liable for any losses you might suffer, you may be liable for the losses of Interoute or others.
You agree that at any time you will not bookmark any page of the Interoute Express site that will allow you or any other party to bypass the Terms of Service upon entering. If such bookmark exists, said bookmark shall constitute full agreement to said Terms of Service as well as confirmation that you or the other party are of legal age of majority in their jurisdiction. For the purpose of these Terms “bookmarking” shall mean the act of placing an URL into a temporary file on one’s browser so that one may return to a specified location on a server at a future date without viewing any pages that may have preceded.
Interoute does not represent or endorse the accuracy of any Content and you acknowledge your use of Content is at your sole risk. Interoute Content may contain links to external sites; however, Interoute is not responsible for any availability of or the content on or through any external site.
Interoute reserves the right to determine what is harmful to its users, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the Services. Complaints about violators of our policies should be sent to abuse@Interoute.com. Each complaint will be investigated and appropriate action will be taken.
Interoute may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any feature, database, or Content, without prior notice or liability.
Interoute may contain links to third party websites. By use of the Services, you expressly relieve Interoute from any and all liability arising from your use of any third-party website.
Neither Interoute nor any provider of any third party content warrants that the services will be uninterrupted or error free or make any warranty of the results to be obtained from use of the services or content. Both the services and content are distributed on an "as is, as available" basis. Neither Interoute nor any third party makes any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to the services or content or any products or services sold through the services.
Without limiting the foregoing, under no circumstances shall Interoute or its suppliers be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Neither Interoute nor any third party warrant that any files available for downloading through the services will be free of viruses or similar contamination or destructive features. You agree that you assume all risk as to the quality and performance of the services and the accuracy and completeness of the content. Interoute is not responsible or liable for any unauthorized access to or alteration of your content or for any violation of its AUP.
You agree to indemnify, defend and hold Interoute and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors harmless from and against any and all claims, liability, losses, damages, costs and expenses, including legal fees, incurred by any Party in connection with any Content or use of the Services, whether via your password and by any other person, whether or not authorized by you. Interoute reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Interoute's defence of such claim.
Neither Interoute nor any third party provider shall be liable to you or any third party for any direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the services, even if such party has been advised of the possibility of such damages. in no event will Interoute’s aggregate liability to your or any third party for any and all claims arising out of or in connection with the use of the services exceed one hundred Euros (€100). The limitations of damages set forth above are fundamental elements of the basis of the bargain between Interoute and you. In states not allowing exclusion of implied warranties or limitation of liability for incidental or consequential damages, Interoute and any third party provider shall be limited to the greatest extent allowed by law.
This Agreement shall be construed in accordance with the laws of England, without reference to principles of choice of law. You and Interoute each irrevocably consent to the personal jurisdiction of the English courts ("Courts") with respect to any action, suit or proceeding arising out of or related to this Agreement or to the Services and /or Content and waive any objection to venue in any of the Courts for such as action, suit or proceeding; additionally, you agree that you will not bring any such action, suit or proceeding in any court other than the Courts.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions posted on the Services, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. If any provision of this Agreement is held invalid, illegal or unenforceable in any respect, (i) such provision shall be interpreted in such a manner as to preserve, to the maximum extent possible, the intent of the parties, (ii) the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and (iii) such decision shall not affect the validity, legality or enforceability of such provision under other circumstances.
Please e-mail reports of any TOS violations to abuse@Interoute.com