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These Terms of Use
(the "Agreement")
describe the terms
and conditions under
which D-tran.com,
offers you a D-tran.com
account (the "Account").
By completing the
registration process
and clicking the "I
Agree" box, you accept
these Terms of Use
and agree to be legally
bound by all of the
terms and conditions
of this Agreement.
We
may automatically
amend this Agreement
at any time by informing
you of the amended
terms via email to
an email address you
provide to us. Such
amendments will be
effective when sent.
Alternatively, we
may display the amended
terms to you when
you access your Account,
in which case such
terms shall be effective
when posted. Otherwise,
this Agreement may
not be amended except
in a writing signed
by both parties.
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Accounts
are not available
to minors. By
accepting these
terms, you confirm
that you are
capable of entering
into a binding
agreement. You
are responsible
for paying any
applicable taxes
and for any
hardware, software,
service and
other costs
you incur to
access your
Account. You
shall comply
with all laws
and regulations
applicable to
the use of your
Account. |
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We
provide the
Account and
data storage
space based
on your selections
and the fees
that you have
paid. Files
will be stored
for 7 days from
the date of
upload. Your
Account may
not be used
by any other
person besides
you, and you
shall not share
or otherwise
disclose your
Account Password
to any other
person. |
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We
may terminate
this Agreement
immediately
for (a) lack
of payment,
(b) you breach
this Agreement,
(c) you infringe
the intellectual
property rights
of a third party,
(d) we are unable
to verify or
authenticate
any information
you provide
to us (at no
time can users
share username/password
information).
At our option,
instead of termination,
we may remove
some or all
of your content
from our servers
or otherwise
suspend your
access to your
Account. Following
termination,
we may remove
some or all
of your information
on our servers
or elect to
retain it, at
our sole option. |
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With
respect to any
content you
send or store
through your
Account:
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You
are responsible
for all
such content.
However,
we may take
any action
with respect
to such
content
if we believe
it may create
liability]
for us or
may cause
us to lose
(in whole
or in part)
the services
of our ISPs
or other
suppliers. |
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Your
content
shall not:
(a) infringe
any third
party’s
intellectual
property
or publicity/privacy
rights;
(b) violate
any law
or regulation;
(c) be defamatory,
obscene,
child pornographic
or harmful
to minors;
or (d) contain
any viruses,
Trojan horses,
worms, time
bombs, cancel
bots or
other computer
programming
routines
that are
intended
to damage,
detrimentally
interfere
with, surreptitiously
intercept
or expropriate
any system,
data or
personal
information.
You may
not distribute
unsolicited
commercial
messages
through
your Account
or impose
an unreasonable
or disproportionately
large load
on our infrastructure.
Please note
that we
may use
software
filters
that restrict
or delete
files you
attempt
to send
or receive. |
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You
hereby grant
to us worldwide,
perpetual,
irrevocable,
royalty-free,
sublicense
able (through
multiple
tiers) right
to exercise
all intellectual
property
rights,
with respect
to any content
you publish
through
your Account,
that we
need to
perform
our services. |
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Due
to the existing
legal and technical
environment
of the Internet,
we cannot ensure
that all of
your private
communications
and other personally
identifiable
information
will not be
unexpectedly
disclosed. By
way of example
(without limiting
the foregoing),
we may be forced
to disclose
your private
communications
to the government
or third parties
under certain
circumstances,
or third parties
may unlawfully
intercept or
access transmissions
or private communications.
Further, we
can (and you
authorize us
to) disclose
any information
about you or
private communications
by you to law
enforcement
or other government
officials, as
we, in our sole
discretion,
believe necessary
or appropriate.
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WE
PROVIDE YOUR
ACCOUNT AND
OUR SERVICES
"AS IS." OUR
SUPPLIERS AND
WE EXPRESSLY
DISCLAIM ALL
WARRANTIES OR
CONDITIONS OF
ANY KIND, EXPRESS,
IMPLIED OR STATUTORY,
INCLUDING WITHOUT
LIMITATION THE
IMPLIED WARRANTIES
OF TITLE, NONINFRINGEMENT,
MERCHANTABILITY
AND FITNESS
FOR A PARTICULAR
PURPOSE. We
do not warrant
or ensure timely,
secure, error
free or virus
free delivery
of content.
You understand
that our services
may be unavailable
for extended
periods of time,
and we do not
warrant or ensure
the continuous
availability
of our services.
Some states
do not allow
the disclaimer
of implied warranties,
so the foregoing
disclaimer may
not apply to
you. |
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IN
NO EVENT SHALL
OUR SUPPLIERS
OR WE BE LIABLE
FOR ANY LOST
PROFITS OR SPECIAL,
INCIDENTAL OR
CONSEQUENTIAL
DAMAGES (HOWEVER
ARISING, INCLUDING
NEGLIGENCE)
ARISING OUT
OF OR IN CONNECTION
WITH YOUR ACCOUNT
OR THIS AGREEMENT.
OUR LIABILITY
TO YOU OR ANY
THIRD PARTIES
IS LIMITED TO
$50. Some states
do not allow
the foregoing
limitations
of liability,
so they may
not apply to
you. |
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Parental
control protections
(such as computer
hardware, software
or filtering
services) that
are commercially
available may
assist you in
limiting access
to material
that is harmful
to minors. If
you are interested
in learning
about these
protections,
information
may be obtained
from http://www.worldvillage.com/wv/school/html/control.htm
or similar sites. |
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The
services hereunder
are offered
by D-tran.com.
Inquiries or
suggestions
can be forwarded
to XYZ@d-tran.com.
All such inquiries
and suggestions
are reviewed
and responded
to by D-tran.com.
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This
Agreement is
governed in
all respects
by the laws
of Dubai, UAE
as such laws
are applied
to agreements
entered into
and to be performed
entirely within
the Dubai,
between District
residents. Both
parties submit
to personal
jurisdiction
in Dubai, UAE
and further
agree that any
cause of action
relating to
this Agreement
shall be brought
in a court in
the Dubai.
If any provision
of this Agreement
is held to be
invalid or unenforceable,
such provision
shall be struck
and the remaining
provisions shall
be enforced.
Our failure
to act with
respect to a
breach by you
or others does
not waive our
right to act
with respect
to subsequent
or similar breaches.
We shall not
be liable for
any delay or
failure to perform
resulting directly
or indirectly
from any causes
beyond our control.
You consent
to us sending
you emails,
as we deem necessary.
This Agreement
sets forth the
entire understanding
and agreement
between us with
respect to the
subject matter
hereof. |
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