Terms and Conditions for your use of Hugefile Services

Your use of the Services is expressly conditional on your full and unconditional acceptance of these Terms and Conditions.
Hugefile, ("Hugefile") makes available, its proprietary file sending service("Services"). By clicking accessing or using the Services, you agree to be bound by these Terms and Conditions. You acknowledge and agree that Hugefile may revise these Terms and Conditions from time to time. By continuing to access or use the Services after Hugefile makes any such revision, you agree to be bound by the revised Terms and Conditions.

Description of Services
The Services provide a user with the ability to confidentially and anonymously send a file to recipients of their choosing.

Responsibility for Data
You are solely responsible for all Files that you upload to Hugefile servers. Under no circumstances will Hugefile be responsible for any failure of the Services to store a User File, for the deletion of a User File stored on the Services, or for the corruption of or loss or any data, information or content contained in a User File.

Privacy Policy
Hugefile respects the privacy of others. Click Here fo the terms of Hugefile's Privacy Policy.

Copyright Policy
Hugefile respects the intellectual property rights of others and expects our users to do the same. Unauthorized copying, modification, distribution, public display, or public performance of a copyrighted work is an infringement of the copyright holder's rights. You agree to comply with the terms of Hugefile's Copyright Policy.

Proprietary Rights
All right, title, and interest in and to the Services are and will remain the exclusive property of Hugefile. The Services are protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries.

Trademarks
Hugefile, the Hugefile logo, and all other Hugefile trademarks, service marks, product names, and trade names of Hugefile appearing on the Services are owned by Hugefile. All other trademarks, service marks, product names, and logos appearing on the Services are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on the Services without the owner's prior written consent.

General Prohibitions
As a condition to your use of the Services, you agree not to:
Upload or transmit as part of a File or otherwise any data, text, graphics, content, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another's privacy; (iv) is obscene, offensive, or contains any form of abusive material against children; (v) promotes bigotry, racism, hatred, or harm against any individual or group; (vi) infringes another's rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;

Access, tamper with, or use any non-public areas of the Services or Hugefile's computer systems or the technical delivery systems of Hugefile's providers;

Attempt to probe, scan, or test the vulnerability of the Services or any related system or network or breach any security or authentication measures;

Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services;

Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; or

Impersonate or misrepresent your affiliation with any person or entity.
Hugefile will investigate and prosecute violations of any of the above, including intellectual property rights infringement and security-related issues, to the fullest extent of the law. Hugefile may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms and Conditions. You acknowledge that Hugefile has no obligation to monitor your access to or use of the Services, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms and Conditions, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body.

Links
The Services may make available links to third-party websites. You acknowledge and agree that Hugefile is not responsible or liable for: (i) the availability or accuracy of such websites; or (ii) the content, products, or services on or available from such websites. Links to such websites do not imply any endorsement by Hugefile of such websites or the content, products, or services available from such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites.

Termination
You may terminate your account at any time. If you violate any of these Terms and Conditions, your permission to use the Services will automatically terminate. Hugefile reserves the right to discontinue providing or to change the Services at any time and without notice. Except to the extent that Hugefile is required by applicable law or court order to retain copies of any of your User Files that are stored on the Hugefile servers, upon any termination of your account, Hugefile will delete and erase all User Files associated with your account.

Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Hugefile EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Hugefile MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT Hugefile WILL NOT BE RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR TO THE COMPUTER SYSTEM OF ANY THIRD PARTY THAT RESULT FROM USE OF THE SERVICES.

Indemnity
You agree to defend, indemnify, and hold harmless Hugefile, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms and Conditions.

Limitation of Liability
IN NO EVENT WILL Hugefile BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE Terms and Conditions OR FROM THE USE OR INABILITY TO USE THE SERVICES OR ANY USER FILES SENT THROUGH, STORED BY OR DOWNLOADED FROM THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Hugefile HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL Hugefile'S AGGREGATE LIABILITY TO YOU OR TO 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 Hugefile AND YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Severability
In the event that any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions of these Terms and Conditions will remain in full force and affect.

Notice
Hugefile may provide you with notices, including those regarding changes to the Services by email or by postings on the Services.

Waiver
The failure of Hugefile to enforce any right or provision of these Terms and Conditions will not be deemed a waiver of such right or provision.

Controlling Law and Jurisdiction
These Terms and Conditions and any action related thereto will be governed by the laws of the United Kingdom without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms and Conditions will be the County courts located in Monmouthshire County, United Kingdom, and Hugefile and you waive any objection to jurisdiction and venue in such courts.

Entire Agreement
These Terms and Conditions are the entire and exclusive agreement between Hugefile and you regarding the Services, and these Terms and Conditions supersede and replace any prior agreements between Hugefile and you regarding the Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Hugefile services, affiliate services or third-party content software or services.

If you have any questions about these Terms and Conditions, please contact Hugefile at legal@Hugefile.com.

Hugefile © 2006