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Direct Leech Terms of Service Agreement (the
"Agreement") describes the terms and conditions
on which Direct Leech ("we" or "our company")
offer services to you ("User" or "You"). By
registering for or using Direct Leech
services, User agrees to be bound by the
following terms and conditions. |
1. Direct Leech Services.
Subject to the terms and conditions of this
Agreement, Direct Leech makes certain
Services available to User. For the purposes of
this Agreement: (a) "User" (or "you") means the
individual or business entity that is using or
registering to use the Services, including its
employees and agents; (b) Direct Leech
"Services" means those electronic or interactive
services offered by Direct Leech.
Direct Leech reserves the right to change or
discontinue any of the Services at any time.
You acknowledge and agree that you give
Direct Leech permission to send your
specified file to the Third Party Services on
your behalf and that you agree to the Terms of
Service of the Third Party Services and also
that you have sole responsibility and liability
for your data stored on the Third Party
Services.
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1.1 Description of Services.
The Services provide a user the ability to send
and temporally store a file (a .User File.) on
one of Direct Leech.s servers. The Services
operate by sending and storing the specified
User File on external Web sites, file storage
services not maintained by Direct Leech
(collectively "Third Party Services"), on behalf
of the User. The links to control the User File
on the Third Party Services will be stored on
Direct Leech and then Direct Leech will
display and/or email two generated unique links
to the User. The User(s) can then access the
download links to download the User File from
the Third Party Services by clicking on one of
the unique generated links. The other unique
generated link is to attempt to delete thee User
File from Direct Leech and from the Third
Party Services. |
2. 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
Direct Leech or by their respective third
party authors, developers and vendors
(collectively "Third Party Providers") and the
underlying intellectual property rights are
owned by Direct Leech 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.
Direct Leech, the Direct Leech logo and
other Direct Leech products referenced herein
are trademarks of Direct Leech, 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. |
3. User Information.
User represents and warrants that the
information it provides in Direct Leech
contact information forms is true, accurate,
current and complete. User 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 User is
untrue, inaccurate, not current or incomplete,
Direct Leech will have the right to suspend
or terminate User's account and this Agreement.
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4. User Data.
User has sole responsibility and liability for
the data User store on Direct Leech's servers
and for the data User permitted Direct Leech
to store on Third Party Services. User controls
its data through its unique generated link.
Direct Leech encourages User to archive its
data regularly and frequently; User bears full
responsibility for archiving its data and sole
liability for any lost or irrecoverable data.
User agrees to maintain its data in compliance
with its legal obligations. Direct Leech will
delete User data upon termination of this
Agreement. However, Direct Leech may retain
User data in its archives after deletion and
will not be liable to User in any way for such
retained data. Direct Leech does not garantee
User data to be deleted that are stored on
Direct Leech's servers or Third Party
Services.
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4.1 Use of optional e-mail
addresses.
We may communicate with users from time to time
via e-mail to send information about important
changes to our products and services, and to
send notices and other disclosures required by
law. By providing your email address, you agree
to these communications, but they will be
primarily informational in nature rather than
promotional and will be strictly limited in
number. We follow a strict no-spam policy. |
5. Acceptable Use.
Direct Leech 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, the promotion or publication of any
material that may violate legislation.
Direct Leech reserves the right to
immediately suspend or terminate any account or
transmission that violates this policy, without
prior notice.
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5.1 Wrongful Conduct.
User 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.
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5.2 Access and Interference.
Violations or attempts to violate
Direct Leech systems or to interrupt
Direct Leech 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
Direct Leech 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
Direct Leech; or (b) Interference with
Service to any User 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
Direct Leech's infrastructure. |
5.3 Copyright or Trademark
Infringement.
Direct Leech 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. Direct Leech reserves the right
to suspend or terminate a User's transmission(s)
that, in Direct Leech's discretion, violates
these policies or violates any law or
regulation.
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5.4 Other Activities.
Whether lawful or unlawful, Direct Leech
reserves the right to determine what is harmful
to its Users, 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 Direct Leech reserves the
right to cancel any account or transmission they
find in violation of any of the above policies
or for any reason it considers appropriate. An
explanation will not be provided.
Complaints about violators of our Policy should
be sent via our contact form on this site.
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6. No Warranty.
You expressly understand and agree that: (a)
your use of the Service is at your sole risk.
Direct Leech Services are provided on an "as
is" and "as available" basis. Direct Leech
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.
Direct Leech and its suppliers make no
warranties about the accuracy, reliability,
completeness, or timeliness of our Services,
software, or content; (b) Direct Leech 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.
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7. Indemnity.
You agree to defend, indemnify, and hold
harmless Direct Leech, 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 Direct Leech policies, terms and
conditions.
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8. Limitation of Liability.
Your use of Direct Leech 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 Direct Leech 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)
unauthorized 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.
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9. 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. |
9.1
Upon termination of this Agreement by either
User or Direct Leech, all of User rights
under this Agreement, and Direct Leech's
provision of Services, will terminate
immediately. |
10. Miscellaneous.
These terms and conditions will be governed by
and construed in accordance with the laws of The
Poland. |
10.1 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 |
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