PublicFTP Terms of Service
This PublicFTP, Inc., ("PublicFTP") Terms of Service, the PublicFTP Privacy Policy, and all modifications thereto (collective, the “Agreement.”), govern your use of the PublicFTP website (“Site”) and all services contained therein (“Services.”)
Please read this Agreement carefully. By using the Site, you accept the terms and conditions described below, and you warrant and represent that you have the legal capacity to enter into this agreement. Your use of the Site and any associated Services, indicates your acceptance of this Agreement and any PublicFTP modifications to this Agreement. If you are dissatisfied with anything related to the PublicFTP Site, your sole remedy is to discontinue use of the Site and Services. You use the Services of PublicFTP at your own risk. PublicFTP reserves the right to modify this Agreement at its sole discretion.
Registration
PublicFTP Site registration is required to access the Services. By registering, you agree to provide accurate and current information about yourself as prompted by the PublicFTP Login Registration pages and maintain and promptly update your online profile information to keep it accurate and current. In the event that PublicFTP learns of or reasonably suspects that your registration information is false, inaccurate, or that activity under your account violates this Agreement, PublicFTP can limit, suspend or terminate your access to your account or the Site without notice.
When you register using PublicFTP’s Login Registration, you will select a user ID and password. You are responsible for maintaining the confidentiality of the password and user ID, and you are responsible for all activities that occur under your password and user ID. Furthermore, you agree to immediately notify PublicFTP of any unauthorized use of your user ID and password.
Ownership of User Content
You may elect to upload or otherwise submit materials when using the Site which are owned by you or for which you have a legal right so that other users may view and/or download such materials. (collectively, "User Content"). You assume all risk and liability for the User Content you upload. You grant, transfer and assign to PublicFTP and its successors, assigns and licensees, for the sole purpose of enabling PublicFTP to make such User Content available through the Service, a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, translate and archive the User Content.
User Content Responsibility
User Content is the sole responsibility of you and you shall adhere to all laws regarding such User Content. You will not submit, upload or otherwise transmit to PublicFTP any User Content containing: (i) unlawful, threatening, abusive, defamatory, or obscene material or any material which invade another person's privacy or further the commission or concealment of a crime; (ii) materials which are the subject of, or which infringe upon, any patent, trademark, trade name, trade secret, copyright, or other intellectual property right of another person or entity; (iii) software viruses or other harmful computer code; (iv) data that in any way interfere with or disrupt the Site or networks connected thereto; and (v) violate any law or federal or state regulation.
You understand and agree that PublicFTP reserves the right to delete, move or edit any User Content that PublicFTP, in its sole discretion, believes may violates this Agreement or is otherwise unacceptable to PublicFTP. Further, PublicFTP may suspend or delete your membership for violating this Agreement. PublicFTP is not responsible for the User Content you upload and store on PublicFTP servers. You bear full responsibility and sole liability for any lost or irrecoverable User Content.
If your copyrighted or trademarked works are on the Site without your permission, please contact reportabuse@publicftp.com. You must describe such works that have been infringed, where it is located on the Site, 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. Upon receipt and verification by PublicFTP, infringing works will be removed from the Site.
PublicFTP Site Content
Except for User Content and third party member’s user content, all other content included on this Site, including without limitation, text, graphics, logos, trademarks, trade names, images, pre-designed templates, software, processing and other functionality, and all other material placed by PublicFTP (collectively called the "Site Content"), and the collection, arrangement and assembly of the Site Content, is the property of PublicFTP and/or its suppliers and is protected by U.S. copyright laws.
PublicFTP makes no commitment, warranty or guarantee that the Site will operate in a timely, uninterrupted or error-free manner, or that the Site will meet any intended purposes. This Site may be unavailable from time to time for upgrades, enhancements or other maintenance issues.
PublicFTP may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any feature, database, or Site Content, without prior notice or liability.
Indemnification
You agree to indemnify, defend and hold PublicFTP 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 attorneys fees, incurred by any PublicFTP Party in connection with any User Content or use of the Services, whether via your password and by any other person, whether or not authorized by you. PublicFTP reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with PublicFTP’s defense of such claim.
Limitation Of Liability
THE SITE CONTENT AND SERVICES CONTAINED OR OFFERED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY.
PUBLICFTP DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SITE CONTENT, SERVICES, PRODUCTS AND OTHER MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, PUBLICFTP DOES NOT REPRESENT OR WARRANT THAT THE SITE CONTENT, SERVICES, PRODUCTS OR OTHER MATERIALS ACCESSIBLE THROUGH THIS SITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE TIMELY, UNINTERRUPTED, SECURE, OR ERROR-FREE.
NEITHER PUBLICFTP 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. PUBLICFTP IS NOT RESPONSIBLE OR LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF USER CONTENT.
NEITHER PUBLICFTP 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 PUBLICFTP’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 DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PUBLICFTP AND YOU. IN STATES NOT ALLOWING EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, PUBLICFTP AND ANY THIRD PARTY PROVIDER SHALL BE LIMITED TO THE GREATEST EXTENT OF THE LAW.
Privacy Policy Acknowledgement
PublicFTP acknowledges that you may provide personal data or other information to the Site. Although PublicFTP will take all reasonable steps to safeguard your personal data or other information, no system is completely secure and such information could be subject to interception by third parties. PublicFTP does not guarantee absolute confidentiality or security. In addition, PublicFTP may disclose part or all of your personal data, User Content and printed products as required by law. Please see PublicFTP's Privacy Policy regarding such information.
Minors & The Child On-Line Privacy And Protection Act
The Service is available to anyone over the age of 13, in observance of and compliance with the Children's Online Privacy Protection Act, who complies with the Agreement. Anyone not in compliance may be removed and prevented from using the Service without prior notice. If you have allowed your minor child, or a child for whom you are legal guardian (a "Minor"), to register for any Service at the Site, then you are acknowledging and agreeing that you shall be solely responsible for: (i) the on-line conduct of such Minor; (ii) monitoring such Minor's access to and use of the Site and the Information at the Site; and (iii) the consequences of any use of the Site by such Minor. If you do permit use of this Site or Service by your minor child, please be advised that PublicFTP does not wish to receive, nor may you provide or allow your child to provide, any personally identifying information or data from or concerning a child under age 14.
Third Party Links
All third parties Site links are provided solely as a convenience to you. These linked sites are not under the control of PublicFTP, and PublicFTP is not responsible for the accuracy of the site content on such sites, or the privacy practices of such sites. The inclusion of any link does not imply a recommendation or endorsement by PublicFTP of the linked site. Your access by link to such third party sites is at your own risk.
Applicable Law
This Agreement shall be construed in accordance with the laws of the State of Texas, without reference to principles of choice of law. You and PublicFTP each irrevocably consent to the personal jurisdiction of the federal or state courts located in Collin County, Texas ("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.
General
PublicFTP reserves the right to make modifications, alterations or updates to this Site and this Agreement at any time. You accept the affirmative obligation to periodically review whether or not this Agreement has changed, and, if you do not agree to be bound by such modifications, alterations or updates, you shall discontinue your use of the Site. Your continued use of this Site shall be deemed an acceptance and agreement to be bound by such modifications, alterations or updates.
This Agreement does not designate either party as the agent, employee, legal representative, partner or joint venture of the other party for any purpose whatsoever. This Agreement creates no relationship, contractual or otherwise, between you and any other entity or supplier, other than PublicFTP.
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 portion of this Agreement is found to be invalid or unenforceable, then such section will be deemed amended and interpreted, if possible, in a way that renders it enforceable. If such an interpretation is not possible, then the portion will be deemed removed from this Agreement and the rest of this Agreement will remain in full force and effect. The failure of PublicFTP to exercise any right provided herein shall not be deemed a waiver or forfeiture of any such right.