Roswell Trail SouthWest [File Transferring]
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Roswell Trail SouthWest [File Transferring] Terms & Conditions

 

This page contains the Privacy Policy, The DMCA policy, and the terms of service.

Privacy Policy for Roswell Trail SouthWest [File Transferring]

Roswell Trail SouthWest [File Transferring] will never reveal your information to any third party site, all of those informations are kept confidentially through our systems and will only be visible to Roswell Trail SouthWest [File Transferring] 's selected employees. We will not look into your files as you agree in the Terms of Service below; However, we will investigate any file reported to us through our online report form. Roswell Trail SouthWest [File Transferring] will NEVER show any of your information in any of our pages other than your username in YOUR own premium area. If you believe you have been sent a spoof email / url, please forward that email to abuse@firstrateservers.com so that we may investigate further.

Collecting Email Addresses

We collect the e-mail addresses of Roswell Trail SouthWest [File Transferring] Delivery recipients and senders for the purpose of logging and measuring usage. Roswell Trail SouthWest [File Transferring] does not rent, sell, or share personal information about you with any affiliated or nonaffiliated company.

Certain Exceptional Disclosures

We may disclose your information if necessary to protect our legal rights or if the information relates to actual or threatened harmful conduct or potential threats to the physical safety of any person. Disclosure may be required by law or if we receive legal process.

File Transfer Security

We have appropriate security measures in place in our physical facilities to protect against the loss, misuse or alteration of information that we have collected from you at our site. Files stored for delivery are only accessible by Roswell Trail SouthWest [File Transferring] and through the clickable link generated for your recipient. All files stored for delivery are deleted when they expire.

DMCA POLICY

Roswell Trail SouthWest [File Transferring] is an Online Service Provider under Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA"). This document outlines the policy that Roswell Trail SouthWest [File Transferring] .com have introduced in order to implement notice and takedown policy as required by DMCA. This document guides copyright owners interested in utilizing this procedure, as well as service users interested in restoring access to material mistakenly taken down.

Writing and sending Proper Notification

The DMCA provides a legal procedure by which you can request any Online Service Provider to disable access to a website where your copyrighted work(s) are appearing without your permission. The legal procedure consists of two parts: (1) Writing a Proper DMCA Notice, and (2) Sending the Proper DMCA Notice to Roswell Trail SouthWest [File Transferring] 's Designated Agent. [Use the Contact Us form to acquire USPS Mail address].

To write a Proper DMCA Notice, state the following information:

  • Identify yourself as an owner of copyrighted work or exclusive rights that you believe were infringed, or a person acting on behalf of such owner.
  • State your contact information, including your name, street address, phone number, and email address.
  • Identify the copyrighted work that you believe is being infringed, or if a large number of works are being infringed, a representative list of the works.
  • Identify the location of materials that allegedly are infringing your copyrighted work, by providing Web URLs on Roswell Trail SouthWest [File Transferring] 's site that contain these materials.
  • State that you have "a good faith belief that use of the aforementioned material is not authorized by the copyright owner, its agents, or the law".
  • State that the information in the notice is accurate, under penalty of perjury.

Your notice must be signed with a physical signature (when it is in paper form) or electronic signature (when it is in electronic form).

To exercise your DMCA rights, your Proper DMCA Notice must be sent to Designated Agent of Roswell Trail SouthWest [File Transferring] by contact form

Notice and takedown procedure

Roswell Trail SouthWest [File Transferring] will follow the procedures provided in the DCMA to properly enforce rights of copyright holders. When a Proper DMCA notification is received by Designated Agent, or when Roswell Trail SouthWest [File Transferring] becomes otherwise aware that copyright rights are infringed, it will remove or disable access to infringing materials as soon as possible.

If users submitting or downloading materials believe that their use of materials was lawful, they have the right of sending a Proper Counter-notification in order to restore access to these materials. Roswell Trail SouthWest [File Transferring] will comply with the appropriate provisions of the DMCA in the event a counter notification is received by its Designated Agent.

Writing and sending Proper Counter-notification

The DMCA provides a legal procedure by which you can request any Online Service Provider to restore access to materials that were removed due to alleged copyright infringement. The legal procedure consists of two parts: (1) Writing a Proper DMCA Notice, and (2) Sending the Proper DMCA Notice to Roswell Trail SouthWest [File Transferring] Designated Agent.

To write a Proper DMCA Notice, state the following information:

  • State your contact information, including your name, street address, phone number, and email address.
  • State that access to files submitted to Roswell Trail SouthWest [File Transferring] .com website was disabled because of the notice and takedown policy.
  • Identify the location of removed materials, by providing Web URLs on Roswell Trail SouthWest [File Transferring] .com site that contained these materials prior to their removal.
  • State that you "have a good faith belief that the material was removed or disabled as result of mistake or misidentification of the material" and that you "consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located".
  • State that the information in the notice is accurate, under penalty of perjury.

Your Counter-notice must be signed with a physical signature (when it is in paper form) or electronic signature (when it is in electronic form).

Your Proper DMCA Counter-notice must be sent to Designated Agent of Roswell Trail SouthWest [File Transferring] by contact form

Additional provisions

Roswell Trail SouthWest [File Transferring] can handle any Notifications and Counter-notifications that are not properly written as per this document's standards, in any matter it deems appropriate, including ignoring them completely.

Submitting any false or misleading information in a Notice or Counter-notice voids any claims contained therein.

Terms of service for Roswell Trail SouthWest [File Transferring]

Roswell Trail SouthWest [File Transferring] does not knowingly host any unlawful, harmful, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, threatening, abusive, illegal, copyright infringing, pornographic, harassing, tortuous, or racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person or entity, content.

This Roswell Trail SouthWest [File Transferring] Service Agreement (the "Agreement") describes the terms and conditions on which Roswell Trail SouthWest [File Transferring] ("we" or "our company") offer services to you ("Customer" or "You"). By registering for or using Roswell Trail SouthWest [File Transferring] services, Customer agrees to be bound by the following terms and conditions.

A. Refunds.

Under no circumstances will Roswell Trail SouthWest [File Transferring], it's employees, nor it's affiliates offer refunds for any reason. Credits may be given in the event of a failure on our part. We are very strict with our NO REFUND policy.

1. Eligibility for Roswell Trail SouthWest [File Transferring] Services.

Our Services are available only to individuals and business entities (including but not limited to sole proprietorships) in good legal standing that can form legally binding contracts under applicable law. Customer hereby represents and warrants that it is duly licensed to do business and is in good legal standing in the jurisdictions in which it does business (during the term of this Agreement) that it is not a competitor of Roswell Trail SouthWest [File Transferring] , and that the person agreeing to this Agreement for Customer is at least eighteen years of age and otherwise capable of and authorized to enter binding contracts for Customer.

2. Roswell Trail SouthWest [File Transferring] Services.

Subject to the terms and conditions of this Agreement, Roswell Trail SouthWest [File Transferring] makes certain Services available to Customer. For the purposes of this Agreement: (a) "Customer" (or "you") means the individual or business entity that is using or registering to use the Services, including its employees and agents; (b) Roswell Trail SouthWest [File Transferring] "Services" means those electronic or interactive services offered by Roswell Trail SouthWest [File Transferring] . Roswell Trail SouthWest [File Transferring] Online reserves the right to change or discontinue any of the Services at any time.

3. Ownership

You acknowledge that all materials (except those uploaded by users) provided on this Web site, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services (collectively "Materials"), are provided either by Roswell Trail SouthWest [File Transferring] or by their respective third party authors, developers and vendors (collectively "Third Party Providers") and the underlying intellectual property rights are owned by Roswell Trail SouthWest [File Transferring] and/or its Third Party Providers. Elements of the Web site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. Roswell Trail SouthWest [File Transferring] , the Roswell Trail SouthWest [File Transferring] logo and other Roswell Trail SouthWest [File Transferring] products referenced herein are trademarks of Roswell Trail SouthWest [File Transferring] , and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.

4. Customer Information

Customer represents and warrants that the information it provides in Roswell Trail SouthWest [File Transferring] contact information forms is true, accurate, current and complete. Customer agrees to maintain and update this information to ensure that it is true, accurate, current and complete. If, at any time, any information provided by Customer is untrue, inaccurate, not current or incomplete, Roswell Trail SouthWest [File Transferring] will have the right to suspend or terminate Customer's account and this Agreement.

5. Customer Account

5.1 Authorized Users

Customer may designate persons to act as its agents to use the Services, provided that each designated person has the legal capacity to enter into binding contracts for Customer. Furthermore, Customer represents and warrants that each person who registers under Customer's account is an authorized agent of Customer (an "Authorized User") who has such legal capacity.

5.2 Responsibility for Access

Customer is solely responsible and liable for any and all access to and use of the Services (including all activities and transactions) by any Authorized User and/or User ID registered under Customer's account, unless such access to or use of the Services is the direct result solely of the gross negligence of Roswell Trail SouthWest [File Transferring] . It is Customer's responsibility, through its systems administrator Authorized User, to set the appropriate access for each of Customer's Authorized Users.

5.3 Responsibility for User IDs and Passwords

Customer is solely responsible for maintaining the confidentiality of Customer access information, i.e. account ID's and passwords of its Authorized Users, and are responsible for all activities that occur under your account.

5.4 Notification of Unauthorized Use

Customer will immediately notify Roswell Trail SouthWest [File Transferring] if Customer notices any activity indicating that Customer's account or data is being used without authorization, including: (a) Customer has received confirmation of an order or orders placed using Customer's account which Customer did not place or any similar conflicting report; or (b) Customer becomes aware of any unauthorized use of any product or service related to its account(s).

6. Customer Data

Customer has sole responsibility and liability for the data its stores on Roswell Trail SouthWest [File Transferring] 's servers. Customer controls its data through its generated link. Roswell Trail SouthWest [File Transferring] encourages Customer to archive its data regularly and frequently; Customer bears full responsibility for archiving its data and sole liability for any lost or irrecoverable data. Customer agrees to maintain its data in compliance with its legal obligations. Roswell Trail SouthWest [File Transferring] will delete Customer data upon termination of this Agreement. However, Roswell Trail SouthWest [File Transferring] may retain Customer data in its archives after deletion and will not be liable to Customer in any way for such retained data.

6.1 Special Circumstances

Roswell Trail SouthWest [File Transferring] will provide access to the Services and Customer's data to an agent of Customer ("Authorized Agent") who provides Roswell Trail SouthWest [File Transferring] with a notarized letter signed by an officer of Customer which letter shall include statements of authenticity, authority, and liability as required by Roswell Trail SouthWest [File Transferring] in its sole discretion. Customer expressly and irrevocably agrees that Roswell Trail SouthWest [File Transferring] may rely on such a letter and on the apparent authority of the person requesting access to the Services or to Customer's account. In no event will Roswell Trail SouthWest [File Transferring] be liable to Customer or any third party for Roswell Trail SouthWest [File Transferring] 's reliance on such letter or such apparent authority.

8. Acceptable Use

You agree to not use Roswell Trail SouthWest [File Transferring] 's Service to:

a. upload, post, email, transmit or otherwise make available any Content that spreads messages of terror or depicts torture or death-images; if serious enough, the content will be reported to the appropriate legal authority and/or the member's ISP will be contacted;

b. harm minors in any way, this includes any form of child pornography; if serious enough, the content will be reported to the appropriate legal authority and/or the member's ISP will be contacted;

c. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; Roswell Trail SouthWest [File Transferring] 's DMCA Policy has more details;

8.1 Illegality/Adult Content

Roswell Trail SouthWest [File Transferring] neither sanctions nor permits site content or the transmission of data that contains illegal or obscene material or fosters or promotes illegal activity, including but not limited to, gambling, the offering for sale of illegal weapons, and the promotion or publication of any material that may violate hate crimes legislation.

Roswell Trail SouthWest [File Transferring] reserves the right to immediately suspend or terminate any account or transmission that violates this policy, without prior notice.

Further, should Customer violate this policy, Roswell Trail SouthWest [File Transferring] will actively assist and cooperate with law enforcement agencies and government authorities in collecting and tendering information about Customer, Customer's site, the illegal or obscene content, and those persons that may have inappropriately accessed, acquired, or used the illegal or obscene content.

8.2 Wrongful Conduct

Customer shall not commit or permit wrongful or damaging acts which justify civil action including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent or intentionally inflicting emotional distress.

8.3 Access and Interference

Violations or attempts to violate Roswell Trail SouthWest [File Transferring] systems or to interrupt Roswell Trail SouthWest [File Transferring] services are strictly prohibited, and may result in criminal and civil liability. Examples of system violations include, without limitation:

(a) Unauthorized access to or use of Roswell Trail SouthWest [File Transferring] Services, including any attempt to probe, scan or test the vulnerability of a system or to breach security or authentication measures without express authorization of Roswell Trail SouthWest [File Transferring] ; or (b) Interference with Service to any customer or network including, without limitation, flooding, or deliberate attempts to overload a system and broadcast attacks; or (c) Use of any device, software, or routine to interfere or attempt to interfere with the proper working of the Services; or (d) Any action that imposes an unreasonable or disproportionately large load on Roswell Trail SouthWest [File Transferring] 's infrastructure

Customer shall not decompile, disassemble, decrypt, extract, reverse engineer or otherwise attempt to derive the source code of the "software tools" (including the tools, methods, processes, and infrastructure) underlying the Services or any other software on the Roswell Trail SouthWest [File Transferring] Web site.

8.4 Copyright or Trademark Infringement

Roswell Trail SouthWest [File Transferring] Services may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation, including export control laws, is prohibited. This includes, without limitation, material protected by patent, copyright, trademark, service mark, trade secret or other intellectual property rights. If you use another party's material, you must obtain prior authorization. By using the Services, you represent and warrant that you are the author and copyright owner and/or proper licensee with respect to any hosted content and you further represent and warrant that no content violates the trademark or rights of any third party. Roswell Trail SouthWest [File Transferring] reserves the right to suspend or terminate a Customer's transmission(s) that, in Roswell Trail SouthWest [File Transferring] 's discretion, violates these policies or violates any law or regulation. Roswell Trail SouthWest [File Transferring] 's DMCA Policy has more details.

8.5 Misuse of System Resources

Customer shall not misuse system resources including, but not limited to, employing content which consume excessive CPU time or storage space; utilizing excessive bandwidth; or resale of access to content hosted on Roswell Trail SouthWest [File Transferring] servers.

8.6 Other Activities

Whether lawful or unlawful, Roswell Trail SouthWest [File Transferring] reserves the right to determine what is harmful to its Customers, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the Service or the Internet.

Please be aware Roswell Trail SouthWest [File Transferring] reserves the right to cancel any account or transmission they find in violation of any of the above policies. If appropriate, Roswell Trail SouthWest [File Transferring] will refer complaints to law enforcement authorities, and in such case, Roswell Trail SouthWest [File Transferring] will actively assist law enforcement agencies with the investigation and prosecution of any such activities, including surrendering Customer account and data information.

Complaints about violators of our Policy should be sent via e-mail to abuse@ Roswell Trail SouthWest [File Transferring] .com. Each complaint will be investigated and may result to immediate cancellation of Services without prior notice.

9. No Warranty

You expressly understand and agree that: (a) your use of the Service is at your sole risk. Roswell Trail SouthWest [File Transferring] Services are provided on an "as is" and "as available" basis. Roswell Trail SouthWest [File Transferring] and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. Roswell Trail SouthWest [File Transferring] and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of our Services, software, or content; (b) Roswell Trail SouthWest [File Transferring] makes no warranty that (i) the Service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the software will be corrected; (d) any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material; (e) no advice or information, whether oral or written, obtained by you from us or through or from the Service shall create any warranty not expressly stated in these terms and conditions.

10. Indemnity

You agree to defend, indemnify, and hold harmless Roswell Trail SouthWest [File Transferring] , its affiliates, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from your use the Service, or your breach of this Agreement or other Roswell Trail SouthWest [File Transferring] policies, terms and conditions.

11. Limitation of Liability

Your use of Roswell Trail SouthWest [File Transferring] is at your own risk. If you are dissatisfied with any aspect of our Service or with these terms & conditions, or any other rules or policies, your sole remedy is to discontinue use of the Service. You expressly understand and agree that Roswell Trail SouthWest [File Transferring] shall not be liable for any direct, indirect, incidental, special, consequential exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the Service.

12. Modifications to Agreements, Policies or to our Services

We reserve the right to change this Service Agreement at any time without notice. We also reserve the right at any time to modify or discontinue the Service, temporarily or permanently, with or without notice to you. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service. You acknowledge that we may establish general practices and limits concerning use of the Service, including the maximum disk space that will be allotted on Roswell Trail SouthWest [File Transferring] ’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. Further, you acknowledge that Roswell Trail SouthWest [File Transferring] may change subscription fees at any time without notice. Changes in subscription fees will take effect on expiration of any existing Customer subscription.

13. Termination

13.1 Without limiting other remedies, Roswell Trail SouthWest [File Transferring] may immediately issue a warning, suspend (i.e., lock out access and operation of Services for Customer) either temporarily or indefinitely, or terminate Customer's account and refuse to provide Services to Customer if: (a) Roswell Trail SouthWest [File Transferring] believes that Customer have violated or acted inconsistently with this Agreement, or any of our policies; or (b) Customer have failed to pay fees or other payments due to Roswell Trail SouthWest [File Transferring] ; or (c) Roswell Trail SouthWest [File Transferring] is unable to verify or authenticate any information Customer provides to Roswell Trail SouthWest [File Transferring] ; or (d) Roswell Trail SouthWest [File Transferring] believes that Customer's actions may cause legal liability for Customer, Roswell Trail SouthWest [File Transferring] ’s other clients, or Roswell Trail SouthWest [File Transferring] .

Roswell Trail SouthWest [File Transferring] may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these terms and conditions may be effected without prior notice, and acknowledge and agree that Roswell Trail SouthWest [File Transferring] may immediately deactivate, archive or delete your account and all related information and data and/or any further access to such data or the Service. Further, you agree that Roswell Trail SouthWest [File Transferring] shall not be liable to you or any third-party for any termination of your access to the Service.

Upon termination of this Agreement by either Customer or Roswell Trail SouthWest [File Transferring] , all of Customer rights under this Agreement, and Roswell Trail SouthWest [File Transferring] 's provision of Services, will terminate immediately.

13.2 The Sections 6 ("Customer Data"), 9 ("No Warranty"), 10 ("Indemnity"), 11 ("Limitation Of Liability") and this Section 13 will survive any termination of this Agreement.

14. Miscellaneous

These terms and conditions will be governed by and construed in accordance with the laws of the State of California, excluding that body of law governing conflict of laws. Any legal action or proceeding relating to or arising out of these Terms or your use of the Web site will be brought in a federal or state court in Santa Clara County, California, and you submit to the venue and personal jurisdiction of such court. If any provision of these Terms is held to be invalid or unenforceable, such provision will be enforced to the greatest extent possible and the remaining provisions will remain in full force and effect. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Roswell Trail SouthWest [File Transferring] 's failure to act with respect to a breach by Customer or others does not waive Roswell Trail SouthWest [File Transferring] ’s right to act with respect to subsequent or similar breaches. No action by Customer arising under this Agreement may be brought at any time more than twelve (12) months after the facts occurred upon which the cause of action arose.

14.1 Relationship

Customer and Roswell Trail SouthWest [File Transferring] are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

14.2 Assignment

Customer may not assign any of its rights, or delegate any of its duties, under this Agreement, and any attempted assignment will be null and void.

14.4 Force Majeure

Operation of our Services may be interfered with by numerous factors outside of our control and we shall not be liable to you for any delay or failure in performance under this Agreement resulting directly or indirectly from causes beyond Roswell Trail SouthWest [File Transferring] ’s control.

14.5 Interpretation

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, as narrowly as possible, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

14.6 Roswell Trail SouthWest [File Transferring] Confidential Information

You represent and warrant to Roswell Trail SouthWest [File Transferring] that (a) you are not a competitor of Roswell Trail SouthWest [File Transferring] , (b) you shall keep publicly unannounced information and materials pertaining to Roswell Trail SouthWest [File Transferring] , pre-release software, testing or testing procedures strictly confidential and (c) you shall not use any information gained from access to the Roswell Trail SouthWest [File Transferring] Web site or use of the Roswell Trail SouthWest [File Transferring] Services to compete with Roswell Trail SouthWest [File Transferring] in its business.

14.7 Exceptions

Except for other agreements or terms appearing on the Web site, this Agreement set forth the entire understanding and agreement between us with respect to the subject matter hereof.

Additional Information

Any questions relating to our Legal Agreements and Policies may be directed to info@firstrateservers.com

It is strictly forbidden to download Roswell Trail SouthWest [File Transferring]'s website, scripts, or any website related content that is under our ownership.

All files uploaded are copyright © their respective owners

This is Roswell Trail SouthWest [File Transferring] Service Agreement!.