Terms of Service and End User Registration and License Agreement


SendToPerson.Com is a Trademark of SendToPerson.Com, LLC.

To use the SendToPerson.com service website or software, you must complete the registration process (also referred to as "Sign up") and accept this Registration and License Agreement.  Read the registration and license agreement below, and when you've agreed to it, you'll be all set to join the SendToPerson.com community.

End User Registration and License Agreement for SendToPerson.com.

The SendToPerson.com software ("Software") and service ("Service") are provided to you, "AS IS," subject to the terms and conditions of this Registration and License Agreement (the "Agreement").  Please read this Agreement in full before installing the Software and using the Service.  ONLY INDIVIDUALS WHO HAVE AGREED TO THE TERMS OF THIS AGREEMENT MAY USE THE SOFTWARE OR ACCESS THE SERVICE.

BY CLICKING BELOW, YOU WARRANT THAT YOU ARE EIGHTEEN YEARS OR OLDER AND AGREE TO USE THE SOFTWARE AND SERVICE AS PROVIDED IN THIS AGREEMENT.  

1. Limited License.  SendToPerson.com, LLC. grants you a limited, non-exclusive license to use the Software to access the Service for your own individual use.  

2.  Restrictions on Use.  You may not redistribute the Software or provide others with access to the.  You may not create or use any software other than the Software provided by SendToPerson.com, LLC. to access the Service, without the express written authorization of SendToPerson.com, LLC.  You  may not modify, reverse engineer, decompile or disassemble the Software or in any way ascertain, decipher, or obtain the communications protocol  for accessing the Service.  You may not adapt, alter, modify, translate,  or create derivative works of the Software (including without limitation  the communications protocols for the Service) without the express written authorization of SendToPerson.com, LLC.  You may not register with and log on and off the Service, send and receive files via the Service or identify when other Service members are online except through use of this Software and Service and in conformance with the terms and conditions of this Agreement.  You may not collect or solicit email names or password information.  You may not authorize or assist any third party to do any of the things described in this paragraph.

3. Your Representations.  You represent and warrant that you will use the Software and the Service only for lawful purposes and in accordance with this Agreement, and that you will not use the Software or the Service to violate any law, regulation or ordinance, copyright, or any right of SendToPerson.com, LLC. or any third party, including, without limitation, any right of privacy, publicity, copyright or trademark.

4. Termination.  Should you breach this Agreement, your right to use the Service and the Software shall terminate immediately and without notice. You may also terminate this Agreement by simply discontinuing use of the Service and the Software.  SendToPerson.com, LLC. reserves the right to terminate your access to the Service with or without notice, at any time, for any reason or for no reason, at SendToPerson.com, LLC's sole discretion.  In the event of any termination of this Agreement, the restrictions on your use of the Software and Service as set forth in Paragraph 2 ("Restrictions on Use") shall survive such termination, and you agree to be bound by those terms.

5. No support by SendToPerson.com, LLC.  You understand that you use the Software and Service at your own risk and that SendToPerson.com, LLC. is not obligated to provide any assistance. SendToPerson.com, LLC. and its officers, directors, employees and agents are not responsible for your use of the Software or the Service.

6. Terms of Use and Privacy Policy.  The SendToPerson.com Terms of Use and privacy policy
 govern your use of the SendToPerson.com account given to you and your use of this
 Service.  You can view these policies at http://www.SendToPerson.com/pages/privacy/

7. Communications.  The SendToPerson.com website and client software allows you to send and receive files (including text, sounds and images) through the Service. SendToPerson.com, LLC. and its officers, directors, employees and agents are not responsible for any files you send or receive.  You understand that there are certain risks to accepting or downloading files from other Service users, which include, without limitation, the possibility of damage to your computer and files and data stored on your computer. SendToPerson.com, LLC. out of respect for your privacy does not open the contents of your files in any way, which also means that SendToPerson.com, LLC. does not scan your files for viruses or in any other way warrant that the contents of the files made available to you for download are safe. Files sent to you using the service are provided AS IS, they may contain harmful viruses, trojans, spyware, keyboard loggers, or other mal-ware, or obscene content, and you download them at your own risk. You also understand that files you share with other Service users may be redistributed and used without your knowledge by the recipients of those files. In sending and receiving files, other Service users may also be able to determine your IP address.

8. Retention. The SendToPerson.com service is not a file backup service. SendToPerson.com, LLC does not maintain copies of your data or backups of your data. When you send a file using SendToPerson.com the original copy of your file remains on your computer. IT IS YOUR RESPONSIBILITY TO BACKUP YOUR DATA, DELIVERY OF YOUR FILES IS NOT GUARANTEED AND SENDTOPERSON.COM, LLC IS NOT LIABLE FOR ANY LOSS OF DATA OR DAMAGES DERIVED FROM LOSS OF DATA OR ANY OTHER DAMAGES THAT MAY RESULT FROM USE OF THE SERVICE, EITHER DIRECT OR CONSEQUENTIAL.

9. Changes to the Service.  SendToPerson.com, LLC. reserves the right, with 30 days advance notice, to introduce and/or increase charges for the use of the Service.  SendToPerson.com, LLC. may, in its sole discretion and at any time, modify or discontinue the Software and/or the Service, or limit, terminate or suspend your use of the Software and/or the Service without prior notification to you.

10. Disclaimer of Warranty.  THE SERVICE AND SOFTWARE ARE PROVIDED "AS IS," LIMITATION WARRANTIES THAT THE SOFTWARE AND THE SERVICE ARE (A) FREE OF DEFECTS OR ERRORS, (B) VIRUS FREE, (C) ABLE TO MEET ANY REQUIREMENTS OF YOU OR ANYONE ELSE, (D) ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, (E) MERCHANTABLE, (F) FIT FOR A PARTICULAR PURPOSE OR (G) NON-INFRINGING, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.  YOU UNDERSTAND THAT SENTOPERSON.COM, LLC. HAS NO CONTROL OVER THE CONTENT TO WHICH YOU MAY BE EXPOSED DURING USE OF THE SERVICE, AND THE ENTIRE RISK OF USING THE SERVICE IS YOURS.  SENDTOPERSON.COM, LLC'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO USE OF THE SERVICE AND THE SOFTWARE SHALL BE THE REPLACEMENT OF ANY SENDTOPERSON.COM SOFTWARE FOUND TO BE DEFECTIVE.  

11. Limitation of Liability.  NEITHER SENDTOPERSON.COM, LLC., ITS
EMPLOYEES, DISTRIBUTORS, SUPPLIERS, DIRECTORS, NOR AGENTS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND LOST DATA, IN ANY WAY ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IN THE EVENT SUCH PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SENDTOPERSON.COM, LLC.'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

12. No Trademark License.  No license is granted to you in this Agreement, either expressly or implicitly, to use any trademark, service mark, names, or logos of SendToPerson.com, LLC., including but not limited to the SendToPerson.com name, logo, trademarks, service marks or any other intellectual property.  SendToPerson.com, LLC. owns all intellectual property in the Software and Service and the proprietary SendToPerson.com, LLC. name space database, including but not limited to SendToPerson.com, LLC. components and algorithms and access to the Service server complex.  SendToPerson.com, LLC. owns all customer data collected through the Service registration process.

13. Injunctive Relief.  You acknowledge that the Software and the Service contain SendToPerson.com, LLC.'s proprietary and confidential information, and that disclosure of such information or misuse of the Software or Service will give rise to irreparable injury to SendToPerson.com, LLC., inadequately compensable in damages.  Accordingly, SendToPerson.com, LLC. may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies which may be available.

14. Construction.  If any part of the Agreement is held invalid or unenforceable, that portion shall be construed to reflect the parties' original intent, and the remaining portions remain in full force and effect.  The laws of Delaware , excluding its conflicts-of-law rules, govern this Agreement, and you expressly agree that jurisdiction for any claim or dispute arising from the use of the Service or Software resides in the federal and state courts of Delaware .

15. Change in Terms of Service.  THIS TERMS OF SERVICE POLICY IS SUBJECT TO CHANGE AT ANY TIME WITHOUT ADVANCE NOTICE.  IT IS YOUR RESPONSIBILITY TO CHECK THIS POLICY FOR CHANGES FROM TIME TO TIME AND REMAIN IN COMPLIANCE WITH THIS POLICY.

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