Terms and Conditions of Use
GlobalSCAPE, Inc. ("GlobalSCAPE") CuteSendIt.com
Service ("CuteSendIt") License and Support Agreement
This Software is licensed, not sold. You may use this
Software only as described in this agreement.
The CuteSendIt.com service ("CuteSendIt") is offered to
you on the condition 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 pertaining to the
CuteSendIt Service, and discontinue the use of our
service. These terms and conditions serve as a binding
contract you between you (the "User") and GlobalSCAPE.
By using our service, you agree to all these terms and
conditions.
Description of Service
CuteSendIt.com operates as a collection of electronic
services that are collectively referred to as the "CuteSendIt
Service." The collection is comprised of the "CuteSendIt
Website," which is the website and its associated web
pages, and the "CuteSendIt Software," which is used by
the "User" to send large files over the web to other
users. CuteSendIt uses reasonable endeavors to ensure
that the Service is available 24 hours a day, 7 days a
week. However, there will be occasions when the Service
will be interrupted for maintenance, upgrades, and
emergency repairs or due to failure of
telecommunications links and equipment that are beyond
the control of GlobalSCAPE. Every reasonable step will
be taken by GlobalSCAPE to minimize such disruption
where it is within the reasonable control of GlobalSCAPE
. You agree that GlobalSCAPE shall not be liable to you
for any modification, suspension, or discontinuance of
the Service. Additionally, GlobalSCAPE reserves the
right to modify or terminate the CuteSendIt service for
any reason and without notice at any time.
General Use
You agree that you will not use the CuteSendIt 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 CuteSendIt
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 CuteSendIt Service in any manner that could
damage, disable, overburden, or impair the normal
operation of the CuteSendIt Service or the networks
connection to the CuteSendIt Service. You agree not
interfere with any other party's use of the CuteSendIt
Service or attempt to access information belonging to
any other party. You agree not attempt to gain
unauthorized access to other accounts, computer systems,
or networks connected to the CuteSendIt Service, through
hacking, password mining, or any other means. You agree
not to obtain or attempt to obtain any information
through any means not intentionally made available
through the CuteSendIt 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
CuteSendIt 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. GlobalSCAPE has no obligation to monitor
the conduct of users of the CuteSendIt Service.
GlobalSCAPE reserves the right at all times to disclose
any information as GlobalSCAPE deems necessary to
satisfy any applicable law, regulation, legal process,
or governmental request, at GlobalSCAPE 's sole
discretion.
Registration
In order to use the CuteSendIt Service, you are required
to provide specific personal information during the
signup 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 CuteSendIt
Service. GlobalSCAPE will not be liable for any loss
that you may incur because 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
CuteSendIt Service and will not be disclosed to any
other party. GlobalSCAPE will take all the necessary
precautions to keep your information safe.
Storage of Data
By using the CuteSendIt Service, your personal data will
be temporarily stored on our servers. While GlobalSCAPE
believes user privacy is very important and operates the
CuteSendIt Service by following standard operating
procedures that work to ensure privacy of user data, no
method of electronic transmission is absolutely secure,
and 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 CuteSendIt Service will be deleted based on a
timeline determined by GlobalSCAPE. Therefore, you
should have no expectation of persistency with regard to
the data stored on our servers in conjunction with the
use of the CuteSendIt Service. You agree that
GlobalSCAPE has no responsibility or liability for the
deletion, corruption, or failure to store any data
stored or transmitted by the CuteSendIt Service.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF
THE CUTESENDIT SERVICE IS AT YOUR SOLE RISK. GLOBALSCAPE
AND ITS SUPPLIERS PROVIDE THE CUTESENDIT 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) GLOBALSCAPE MAKES NO WARRANTY THAT
(I) THE CUTESENDIT SERVICE WILL MEET YOUR REQUIREMENTS,
(II) THE CUTESENDIT 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 CUTESENDIT
SERVICE WILL MEET YOUR EXPECTATIONS. (C) ANY MATERIAL
TRANSMITTED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
CUTESENDIT SERVICE IS DONE AT YOUR OWN DISCRETION AND
RISK. 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
GlobalSCAPE does not control, endorse, or validate any
transmissions sent via the CuteSendIt Service and,
therefore, GlobalSCAPE specifically disclaims any
liability resulting from your participation in the
CuteSendIt Service.
IN NO EVENT SHALL GLOBALSCAPE AND/OR OUR SERVICE
PROVIDERS 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
GLOBALSCAPE OR ANY OF ITS SERVICE PROVIDERS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT
OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE
THE CUTESENDIT 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
CUTESENDIT 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 CUTESENDIT 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 CUTESENDIT SERVICE OR WITH ANY
OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USE OF THE CUTESENDIT SERVICE.
Copyright and Trademarks
All brand, product, and service names used in this
Service that identify GlobalSCAPE or third parties and
their products and services are proprietary marks of
GlobalSCAPE and/or the relevant third parties. Nothing
in this Service shall be deemed to confer on any person
any license or right on the part of GlobalSCAPE or any
third party with respect to any such image, logo, or
name. GlobalSCAPE, unless otherwise stated, is the owner
of all copyright and database rights in the Service and
its contents. You may not publish, distribute, extract,
reuse, or reproduce any such content in any material
form (including photocopying or storing it in any medium
by electronic means) other than in accordance with the
limited use license set out in our copyright notice.
Termination
GlobalSCAPE reserves the right, in its sole discretion,
to terminate your access to the CuteSendIt Service or
any portion thereof, at any time, without notice.
GlobalSCAPE may also terminate or suspend your access to
CuteSendIt 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 GlobalSCAPE. Upon termination of your
access to the CuteSendIt Service, your right to use the
CuteSendIt Service immediately ceases.
Notification of Services
GlobalSCAPE reserves the right to change the terms and
conditions of use under which the CuteSendIt Service is
offered at any time and without specific notice to you.
The most current terms and conditions will be posted on
CuteSendIt.com and should be reviewed by you prior to
use. By your continued use of the CuteSendIt Service,
you agree that GlobalSCAPE shall not be liable to you or
to any third party for any modification, suspension, or
discontinuance of the CuteSendIt Service. Modifications
may or may not include charges associated with the use
of the CuteSendIt Service.
Privacy Policy
We will do our best to safeguard the information that
you share with us; however, there is no method of
electronic transfer, transmission, or storage that is
absolutely secure and we cannot guarantee that your
information is 100% protected from theft or other
impropriety. GlobalSCAPE's servers automatically record
information when you visit our website or use our
products, including the URL, IP address, browser type
and language, and the date and time of your request.
GlobalSCAPE collects the email addresses of senders and
recipients for delivering files. GlobalSCAPE does not
sell, rent, or otherwise share your personal information
with any third parties. GlobalSCAPE may be required to
disclose personally identifiable information under
special circumstances, such as to comply with subpoenas,
warrants, court orders, or legal process or to establish
or exercise our legal rights or defend against legal
claims. It may be necessary to share information in
order to investigate, prevent, or take action regarding
suspected or actual illegal activities, including
without limitation, fraud, situations involving
potential threats to the physical safety of any person,
violations of GlobalSCAPE's terms of use, or as
otherwise permitted or required by law.