FTPGetter Terms of Service


ATTENTION: THIS IS A LEGALLY-BINDING CONTRACT. PLEASE READ THIS TERMS OF SERVICE CAREFULLY BEFORE USING THE SERVICES OR THE WEBSITE PROVIDED BY FTPGETTER TEAM. THIS AGREEMENT GOVERNS YOUR RELATIONSHIP WITH FTPGETTER TEAM AND USE OF THE SERVICES AND THE WEBSITE. YOU MAY USE THE SERVICES AND WEBSITE ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. BY USING THE SERVICES AND THE WEBSITE, YOU INDICATE THAT YOU ACCEPT THIS TERMS OF SERVICE. IF YOU DO NOT ACCEPT THIS TERMS OF SERVICE, DO NOT USE THE SERVICES OR THE WEBSITE.

THIS TERMS OF SERVICE INCLUDES FTPGETTER TEAMíS PRIVACY POLICY WHICH IS INCORPORATED AND MADE A PART OF THIS TERMS OF SERVICE.

Acceptance of Terms of Service

This Terms of Service (the "Agreement" or "Terms of Service") is a legally-binding agreement between you, either an individual or an entity ("you" or "user"), and FTPGetter Team and its affiliates ("FTPGetter Team") regarding use of www.ftpgetter.com (the "Website") and the Services, as defined below. FTPGetter Team makes the Website and Services, including all content, information, graphics, documents, text, products, and all other elements and products offered through the Website and Services (collectively, the "Content") available for your use subject to the terms and conditions set forth in this document. By accessing and using the Website and Services you agree to be bound by and to accept this Terms of Service and all terms and conditions contained and/or referenced herein as well as any additional terms and conditions set forth on the Website.

If you do NOT agree to all the terms and conditions in this Terms of Service, you should NOT use the Website or Services. If you do NOT agree to any additional specific terms that apply to particular Content or to a particular transaction concluded through the Website or Services, then you should NOT use the part of the Website or Services that contains such Content or through which such transactions are concluded. Also, when you use any current or future FTPGetter Team service or visit the Website or obtain any products or services, whether free of charge or for payment, provided by FTPGetter Team, you will be subject to the guidelines and conditions applicable to such products or services.

This Terms of Service may be amended by FTPGetter Team at any time upon notice provided through a posting on the main page of the Website.

Please check this Terms of Service regularly to ensure that you are aware of all terms governing your use of the Website and Services. Specific terms and conditions may apply to non-user generated Content. Such specific terms may be in addition to this Terms of Service or, where inconsistent with this Terms of Service such specific terms will supersede this Terms of Service only to the extent that the content or intent of such specific terms is inconsistent with this Terms of Service.

FTPGetter Team reserves the right to make changes or updates with respect the Content or the format thereof at any time without notice. FTPGetter Team also reserves the right to terminate or restrict your access to the Website and Services or any portion thereof for any reason whatsoever at its sole discretion.

Description of Services

FTPGetter Team is a downloadable software product that automates FTP and SFTP transfers, allowing users to avoid having to manually log in and move, check, or add files for transfers. The application allows users to set up tasks, such as synchronizing the files on the server with those in the user's local folder, and schedule their frequency (once per day, several days per week, etc.). Then the software takes care of the tasks while the worker goes about their normal routine. The ability to automate FTP and SFTP transfers also means users can stay up to date with the files more simply and can even send or receive email notifications when specific jobs are finished.

Through the Website, users may order and download several version of the FTPGetter Team software, including paid versions of the FTPGetter Team software. In doing so, users may have to provide certain information to FTPGetter Team, including personally identifiable information ("PII") and payment information, such as credit card information. Users can also use the Website to learn about the FTPGetter Team software and to request technical assistance from FTPGetter Team.

Usersí Obligations

You agree to use the Website and Services only for purposes permitted by this Terms of Service as well as any applicable law, regulation, generally accepted practices or guidelines in the relevant jurisdictions. FTPGETTER TEAM IS NOT RESPONSIBLE FOR ANY VIOLATION OF APPLICABLE LAWS, RULES, OR REGULATIONS COMMITTED BY YOU OR A THIRD PARTY AT YOUR BEHEST. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR USE OF THE WEBSITE AND SERVICES DOES NOT CONTRAVENE APPLICABLE LAWS, RULES, OR REGULATIONS. Specifically, you agree and represent that in using the Website and Services, your actions do not contravene the laws, rules, or regulations of (1) the country, state, or locality where you reside, or (2) the country, state, or locality where FTPGetter Team is located or operates. This includes complying with applicable export and import restrictions as well as other restrictions.

Use of the Website and Services

You agree not to access (or attempt to access) the Services by any means other than those provided by FTPGetter Team or its authorized partners. You agree not to access (or attempt to access) the Services by way of automated means and that you will not engage in any activity that interferes with or disrupts the Website or Services (or the servers and networks which are connected to the Website or Services).

Further, you agree:

  • not to disrupt or interfere with any other userís enjoyment of the Website or Services or affiliated or linked sites;
  • not to upload, post, or otherwise transmit through the Website or Services any viruses or other harmful, disruptive, or destructive files;
  • not to access or attempt to access any Content, which you are not authorized to access under the terms herein;
  • not to disrupt or interfere with the security of, or otherwise cause harm to the Website, Services, Content, system resources, accounts, passwords, servers, or networks connected to or accessible through the Website or Services or any affiliated or linked sites.

Contests, Sweepstakes, Auctions, and Promotions

From time to time, FTPGetter Team may conduct promotions on or through the Website, including, without limitation, auctions, contests and sweepstakes which may be subject to additional terms and/or rules.

Software

FTPGetter Team may offer certain software, to be used in conjunction with the Services, for downloading from or through this Website ("Software"). Such Software shall be licensed subject to the terms of the applicable end use license agreement. Both the Software and any accompanying documentation made available through this Website are the copyrighted works of FTPGetter Team. You must agree to the terms of the applicable end user license agreement prior to use of such Software.

Except as otherwise specifically provided herein or in the applicable end user license agreement or as otherwise agreed by FTPGetter Team in writing, you may not use, copy, republish, frame, emulate, clone, download, transmit, rent, lease, loan, sell, assign, modify, distribute, license, sublicense, decompile, disassemble, create a derivative work, otherwise reverse engineer, or transfer the licensed program, or any subset of the Website, its products or services. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution.

WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE END USER LICENSE AGREEMENT. FTPGETTER TEAM HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SOFTWARE.

Without limiting the foregoing, FTPGetter Team makes no warranty that: either the Services or Software will meet your requirements; either the Services or Software will be uninterrupted, timely, secure, or error-free; results that may be obtained from the use of the Services or Software will be effective, accurate, or reliable; the quality of any Services or Software purchased or accessible by you through the Website will meet your expectations; any errors in the Services or Software, or any defects in the Website, Services or Software will be corrected.

Fee; Payments.

In order to download certain versions of the Software, you may be required to pay a predetermined fee. All such payments are to be conducted through the Website. In order to complete payment, you may be asked to provide a credit card number, account and/or billing and shipping information. The foregoing information is collected and processed by online payment services, including but not limited to PayPal® and merchant accounts services, which we may utilize for payment processing, including automatic subscription renewals. FTPGetter Team does not undertake any liability for a Senderís failure to pay a Courier for successful delivery of an Item. All transactions related to the Website and the Services are conducted at usersí risk. In no event shall FTPGetter Team be liable, in law or otherwise, for a Senderís failure to pay for a Courierís services.

All payment exclusive of taxes, levies, or duties imposed by taxing authorities; you are responsible for paying any such applicable tax.

Service and Software Updates

You recognize and agree to the condition that the Services may be updated and modified from time to time. These modifications may take the form of bug fixes, enhanced functions, new modules, changes in the user interface, conformity to new regulations, or other forms. Such updates and modifications can be made without advanced notice.

If you download the Software, it may automatically download and install subsequent updates for such Software from FTPGetter Team. These updates are designed to improve, enhance and further develop the Software and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit FTPGetter Team to deliver these to you) as part of your use of the Software.

User Account

When creating or updating your Account, you may be required to provide FTPGetter Team with certain personal information, including but not limited to your name, birth date, gender, e-mail address, mailing addresses, location, login and password. This information will be held and used in accordance with the FTPGetter Team Privacy Policy. You agree that you will supply accurate and complete information to FTPGetter Team, and that you will update such information promptly.

You hereby acknowledge and agree that your login, number, name and profile picture may be publicly available to other users and some search engines may index your name and profile photo.

During the Account setup process, you may be required to select a specific username and password ("Login Information"). The following rules govern the security of your Login Information:

  • You shall not share the Account or the Login Information with any third party, let anyone else access or use your Account, or do anything else that might jeopardize the security of your Account;
  • In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify FTPGetter Team and modify your Login Information;
  • You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you; and
  • You are solely responsible for any unauthorized use of your Account.

FTPGetter Team reserves the right to remove or reclaim any usernames at any time and for any reason, including, but not limited to claims by a third party that your username violates such third partyís rights.

The following restrictions and conditions apply to the use of the Website and creating and maintaining a Website account (an "Account"):

  • You shall not create an Account or access the Website if you are under the age of 13;
  • You shall monitor your Account to restrict use by minors, and you shall deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Website by minors in connection with your Account. You are solely responsible for any use of your credit card or other payment instrument (e.g. PayPal) by minors; and
  • You shall not use the Website if you are located in a country embargoed by the United States or if you are a resident of any nation that is on the U.S. Treasury Departmentís list of Specially Designated Nationals.

You hereby expressly agree not to use your Account for engaging in any illegal conduct.

Technical Support

FTPGetter Team provides technical support for its users. In order to receive technical support from FTPGetter Team, you must request such support by contacting FTPGetter Team at through the appropriate page on the Website or by e-mailing FTPGetter Team support@ftpgetter.com. You should provide your name, e-mail address, and the nature of the problem to be resolved. FTPGetter Team will make reasonable efforts to respond to such requests in a timely manner, however FTPGetter Team has no obligation to respond to any technical support request. Priority in responding to technical support requests may be granted to users who have registered their FTPGetter Team software. You agree to cooperate with FTPGetter Team when seeking technical support services by providing information necessary to assist FTPGetter Team or requested by FTPGetter Team in diagnosing or resolving the issue. Although FTPGetter Team cannot guarantee that a technical support issue will be resolved, FTPGetter Team will make reasonable efforts to perform technical support services in a professional manner.

Information and Materials Provided By You

All materials, documents, communications, or information submitted to, sent through, or stored on the Website and Services by you will be subject to this Terms of Service and Privacy Policy. The security of such information is very important to FTPGetter Team. To the extent that you provide any PII, please read our Privacy Policy which describes how FTPGetter Team collects, uses, discloses, manages and stores your PII.

Term and Termination

The term of this Terms of Service ("Term") shall begin when you start using the Website or Services and shall continue in perpetuity unless otherwise terminated by FTPGetter Team or you by written notice. FTPGetter Team reserves the right to change, suspend or discontinue the Services or any portion thereof, at any time. Without prejudice to any other rights, this Terms of Service will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this Terms of Service, you must immediately cease using this Website and the Services including without limitation any use of FTPGetter Teamís trademarks, trade names, copyrights and other intellectual property.

UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE THE FTPGETTER TEAM APPLICATION, WEBSITE, OR SERVICES IN ANY WAY.

Links to Other Sites and Third Party Materials

The Website and Services may include links to other Website and/or third party products and that are not under FTPGetter Teamís control (collectively, "Third Party Materials"). FTPGetter Team shall not be responsible in any way for such Third Party Materials. FTPGetter Team provides such links only for the convenience of the users of the Website and Services, and the inclusion of any link to any Third Party Materials does not imply endorsement by FTPGetter Team of the content, products and/ or services of such Third Party Materials. Notwithstanding any provision to the contrary herein, nothing in this Terms of Service shall be construed as to grant you any rights or licenses with regard to such Third Party Materials or to entitle you to use such Third Party Materials.

Intellectual Property

Copyright, trademark and all other proprietary rights in the Website, Services, and Content (including but not limited to software, services, audio, video, text and photographs, but excluding User Content) rest with FTPGetter Team and/or its licensors. Unless otherwise specifically provided herein or authorized by FTPGetter Team in writing, all rights in the Website, Services, and Content not expressly granted herein are reserved. You agree not to copy, republish, frame, make available for download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Content, Website, or Services, other than in conjunction with the Services offered by FTPGetter Team through the Website.

FTPGetter Team hereby disclaims any rights to trademarks, service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties referenced herein, including without limitation Third Party Material or otherwise provided on this Website are the properties of their respective owners. FTPGetter Team disclaims any proprietary interests in the intellectual property rights other than their own.

Warranties and Disclaimers

ALL CONTENT AND/OR SERVICES ARE PROVIDED ďAS ISĒ AND ďAS AVAILABLE.Ē FTPGETTER TEAM HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS WEBSITE, SERVICES OR THE CONTENT. FTPGETTER TEAM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THE WEBSITE, SERVICES, OR CONTENT. YOU ACKNOWLEDGE THAT ANY INFORMATION SENT MAY BE INTERCEPTED IN TRANSMISSION OR OTHERWISE. FTPGETTER TEAM DOES NOT WARRANT THAT THE WEBSITE, SERVICES, CONTENT, OR THE SERVERS WHICH MAKE THIS WEBSITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY FTPGETTER TEAM ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. Except as agreed by FTPGetter Team in writing, contractors, agents, dealers or distributors of FTPGetter Team or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties.

THE USE OF THE WEBSITE OR SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY PRODUCTS THROUGH THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. FTPGETTER TEAM ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE WEBSITE OR IN CONNECTION WITH ANY SERVICES OR PRODUCTS OFFERED THROUGH THE WEBSITE. NO ADVICE OR INFORMATION WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FTPGETTER TEAM OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

The Website and Services may contain references to specific FTPGetter Team products and services that may not be available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country.

You understand and agree that by using the Website and Services, you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Website and Services at your own risk.

IN NO EVENT SHALL FTPGETTER TEAM OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THE WEBSITE OR SERVICES OR THE CONTENT, PRODUCTS, SERVICES, STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE WEBSITE OR SERVICES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, ANY SERVICES AVAILABLE THROUGH THE WEBSITE THAT ARE DELAYED OR INTERRUPTED, EVEN IF FTPGETTER TEAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST FTPGETTER TEAM PERTAINING TO OR IN CONNECTION WITH THE WEBSITE AND SERVICES MUST BE COMMENCED AND NOTIFIED TO FTPGETTER TEAM IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE.

Some jurisdictions do not allow the exclusion of implied warranties or limitations, so the above limitations may not apply to you.

Your Warranties

YOU HEREBY WARRANT THAT: (i) ALL INFORMATION PROVIDED BY YOU TO FTPGETTER TEAM IN CONNECTION WITH THE WEBSITE AND SERVICES IS TRUE, ACCURATE, CORRECT, AND UP TO DATE; (ii) YOU HAVE FULL POWER AND AUTHORITY TO ENTER INTO THIS TERMS OF SERVICE; (iii) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH FTPGETTER TEAM; (iv) YOU WILL SEEK ALL NECESSARY GOVERNMENTAL APPROVALS REQUIRED TO EFFECTUATE THIS TERMS OF SERVICE; (v) YOU SHALL PERFORM ALL OF YOUR OBLIGATIONS UNDER THIS TERMS OF SERVICE IN ACCORDANCE WITH APPLICABLE LAWS, RULES, AND REGULATIONS; AND (vi) YOUR EDITORIAL, TEXT, GRAPHIC, AUDIOVISUAL, AND OTHER CONTENT THAT IS AVAILABLE TO USERS OF THIS WEBSITE AND THAT IS NOT PROVIDED BY FTPGETTER TEAM DO NOT (1) INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, (2) CONSTITUTE DEFAMATION, LIBEL OR OBSCENITY, (3) RESULT IN ANY CONSUMER FRAUD, PRODUCT LIABILITY, BREACH OF CONTRACT TO WHICH YOU ARE A PARTY OR CAUSE INJURY TO ANY THIRD PARTY, (4) PROMOTE VIOLENCE OR CONTAIN HATE SPEECH, (5) VIOLATE ANY APPLICABLE LAW, STATUTE, ORDINANCE, OR REGULATIONS, OR (6) CONTAIN ADULT CONTENT OR PROMOTE ILLEGAL ACTIVITIES.

Any and all items sent, received, downloaded, or purchased from the Website and Services may be subject to United States export controls. Thus, no product may be exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Website and Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Feedback

You may from time to time provide suggestions, comments or other feedback to FTPGetter Team with respect to any product, material, software or information provided by FTPGetter Team (hereinafter "Feedback"). You agree that all Feedback is and shall be entirely voluntary and shall not, absent separate agreement, create any confidentiality obligation for FTPGetter Team. FTPGetter Team will not disclose the source of any feedback without notice to the providing party. However, FTPGetter Team shall be free to disclose and use such Feedback as it sees fit, entirely without obligation of any kind to you. The foregoing shall not, however, affect either partyís obligations hereunder with respect to the information protected pursuant to FTPGetter Teamís Privacy Policy posted on this Website. You may provide Feedback to FTPGetter Team at support@ftpgetter.com

Unlawful or Prohibited Use

You may not use the Website or Services for any purpose that is unlawful, prohibited by this Terms of Service, or in any way interferes or attempts to interfere with the proper working of the Website or Services. You may not use the Website or Services in any manner that could damage, disable, overburden, or impair the Website or Services, or that interferes with any third partyís use and enjoyment of the Website or Services. You agree that you will not use any third-party software that intercepts, "mines," or otherwise collects information from or through the Website or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available by FTPGetter Team to all users of the Website or Services. You shall not institute, assist, or become involved in an attack upon any FTPGetter Team server or otherwise attempt to disrupt the FTPGetter Team servers. ANY ATTEMPT BY YOU TO DAMAGE FTPGETTER TEAMíS SERVERS OR UNDERMINE THE LEGITIMATE OPERATION OF FTPGETTER TEAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, FTPGETTER TEAM RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnification

You hereby agree to indemnify and hold harmless FTPGetter Team, its affiliates, officers, directors, agents, and employees, from any expense, loss, claim, damage, fine, penalty or liability, including reasonable fees for attorneys and other professionals, payable under any judgment, verdict, court order or settlement, to the extent resulting from any claim, demand, action, suit, arbitration, or other proceeding initiated by any third party, including the assessment, claim or demand by a governmental agency or entity, arising out of your breach of this Terms of Service.

Privacy

FTPGetter Team respects your privacy and the use and protection of your personal information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your personal information in connection with your use of this Website.

Linking to this Website

Linking to this Website is permitted provided that you comply with the following rules. You may link to the home page of this Website or to any other page of this Website. However, you are not allowed to use in-line linking (or hot-linking) or framing. You must not imply that FTPGetter Team endorses or sponsors the linker or its website, products or services. You must not use FTPGetter Teamís intellectual property including but not limited to trademarks, trade names, copyrights without advance written permission from FTPGetter Team. Furthermore, you agree to remove the link at any time upon FTPGetter Teamís request.

Ending Your Relationship with FTPGetter Team

This Terms of Service will continue to apply until terminated by either you or FTPGetter Team as set out above. If you want to terminate this legal agreement with FTPGetter Team (i.e. this Terms of Service), you may do so by notifying FTPGetter Team at any time in writing at support@ftpgetter.com. FTPGetter Team reserves the right to terminate this Terms of Service with you at its own discretion at any time, upon notice, and without any liability to FTPGetter Team whatsoever.

You are solely responsible for cancelling your User Account, which you may do by contacting FTPGetter Team at support@ftpgetter.com.

Assignment

FTPGetter Team may assign or delegate this Terms of Service, in whole or in part, to any person or entity at any time with or without your consent. You, however, may not assign or delegate any rights or obligations under this Terms of Service without FTPGetter Teamís prior written consent, and any unauthorized assignment and delegation by you is void and ineffective.

Service Access

If the Website and Services are not available for any period or any time, FTPGetter Team shall not be liable. FTPGetter Team gives no warranties as to the accessibility, performance, or availability of the Website or Services. Temporary suspension of access to the Website and Services may occur without notice at our discretion including without limitation in the case of repair, maintenance, system failure, or for reasons beyond our control. FTPGetter Team reserves the right to suspend the operation of the Website or Services. You agree that neither FTPGetter Team nor its third party providers will be liable to you in any way for the termination, suspension, interruption, delay of any of the services and products on this Website.

Force Majeure

FTPGetter Team will not be liable for any nonperformance, delay, error, data loss or other loss caused by any events or conditions that are beyond the reasonable control of FTPGetter Team.

Agreement to Deal Electronically

All transactions with or through the Website or Services may, at FTPGetter Teamís option, be conducted and executed electronically. We may keep records of any type of communication conducted via the Website or Services. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient's control. All electronic records are received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.

Injunctive Relief

You acknowledge and agree that any violation or breach of this Terms of Service may cause FTPGetter Team immediate and irreparable harm and damages. As a result, FTPGetter Team has the right to, and may in its discretion, immediately obtain preliminary injunctive relief (including, without limitation, temporary restraining orders) and seek permanent injunctive relief regarding any violation or breach of this Terms of Service. In addition to any and all other remedies available to FTPGetter Team in law or in equity, FTPGetter Team may seek specific performance of any term in this Terms of Service.

Severability

This Terms of Service will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Terms of Service are held to be invalid or unenforceable under applicable law to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of this Agreement.

Governing Law

This Terms of Service shall be governed by and construed and enforced in accordance with the laws of Commonwealth of Virginia, USA without reference to conflicts of law rules and principles. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

FTPGetter Team does not bear any responsibility nor assumes any risks if by any reason a product or a service made available on this Website breaches national law of any country. Those who access the Website or Services do so at their own initiative and are responsible for compliance with their national laws.

Questions may be submitted at support@ftpgetter.com. Please also read our Privacy Policy.

Copyright © 2014 FTPGetter Team. All rights reserved. The Website and Services and accompanying products and documentation are the copyrighted property of FTPGetter Team and/or its licensors and protected by copyright laws and international intellectual property treaties. FTPGetter ™ and related logo, and all related product and service names, design marks and slogans are the trademarks and/or registered trademarks of FTPGetter Team. All other product and service marks contained herein are the trademarks of their respective owners. Any use of the FTPGetter Teamís or third partyís trademarks or logos without the prior written consent of FTPGetter Team or the applicable trademark owner is strictly prohibited.