Last Updated: 06-19-06
LOAD, LTD ("Load") is pleased to provide the Proprietary file transmission services YouLoad ("Service") to the Client subject to these Terms and Conditions. These Terms and Conditions, the Service Order and any addenda attached to the Service Order are together the "YouLoad Service Agreement" or the "Agreement." These set forth the Terms and Conditions upon which Load makes available its file transmission services ("Services"). Your use of the YouLoad Services is conditioned on your compliance with these Terms. By accessing or using the Services, you are indicating that you agree to be bound by these Terms. You acknowledge and agree that Load may revise these Terms and Conditions from time to time and that by continuing to access or use the Services should Load make any such revisions; you agree to be bound by the revised Terms and Conditions.
You, the Client will provide Load with complete, accurate, and current registration information and credit card information for billing purposes, and will at all times maintain complete, accurate, and current information provided to Load. Load reserves the right to suspend or terminate your account if it determines (or has a reasonable basis to believe) that your registration information is, at the time of registration or thereafter, incomplete, inaccurate, or no longer current. You will receive a username and password and You accept responsibility for the confidentiality of that password. It is Your responsibility to promptly inform Load of any unauthorized use of your user name and password. You are solely responsible for all activities that occur under your username and password.
Should you elect to use the paid Services, you agree to pay Load applicable fees for the Services that you select. Load reserves the right to modify its fees or payment terms at any time, with or without notice. Upon Sign-Up and Registration the initial fee will pay for the following thirty (30) days of Service. Thereafter, the subscription fee will be automatically charged to credit card provided by Client every month.
The Services provide a Client the ability to send a Client File ("File") to one or more recipients identified by the Client supplying a valid e-mail address. The Services store the specified File on a YouLoad server and an e-mail is sent to recipient(s) that identifies a link to the uploaded Client File. The recipient(s) then have access to download the File by clicking on the link contained in the e-mail notification. By using the YouLoad services, you acknowledge and agree that Load has the right to establish general practices and policies concerning use of YouLoad Services, including, but not limited to, the maximum size of a file that a Client may store and send through the Services; the maximum number of times a Client may access the Services within a given time period; the maximum number of days that a file will be stored by the Services and the maximum number of recipients to which a Client may send a file.
The Client has sole responsibility for all Files that you store on YouLoad servers through use of the Services. You acknowledge and agree that Load will not be responsible for any failure of the Services to store a Client File, for the deletion of a Client File stored on the Services, or for the corruption of or loss or any data, information or content contained in a Client File.
Load respects the privacy of others. These Terms and Conditions incorporate the terms of Load's
Privacy Policy.
Load respects the intellectual property rights of others and expects our Clients to do the same. Therefore, any unauthorized copying, modification to, distribution of, 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 Load's
Copyright Policy.
Load shall retain all right, title and interest in and to the YouLoad Service Infrastructure, including any and all modifications. All right, title, and interest in and to the Services are and will remain the exclusive property of Load and its licensors. Except as expressly permitted in these Terms and Conditions, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Services.
Load, the Load logo, and all other Load trademarks, service marks, product names, and trade names of Load appearing on the Services are owned by Load. 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.
As a condition to your use of the Services, you agree not to:
- Access, tamper with, or use any non-public areas of the Services or Load's computer systems or the technical delivery systems of Load's providers;
- Upload or transmit as part of a Client 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, pornographic, or offensive; (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;
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services;
- Attempt to probe, scan, or test the vulnerability of the Services or any related system or network or breach any security or authentication measures;
- 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.
Load will have the right to 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. Load may involve and cooperate with law enforcement authorities in prosecuting Clients who violate these Terms and Conditions.
You acknowledge and agree that Load is not responsible or liable for: (i) the availability or accuracy of websites to which the Services may make available via links to third-party websites; or (ii) the services, products, or contents on or available from such websites. Endorsement is not made regarding Links to such websites by Load of such websites or the content, products, or services available from linked websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites.
You have the right to terminate your account at any time. If you violate any of these Terms and Conditions, your permission to use the Services will automatically terminate. Load reserves the right to discontinue providing Services to or to change the Services at any time and without notice. Upon termination of your account, Load will delete and erase all Client Files associated with your account except those files that are required by applicable law or court order to retain copies of any of your Client Files that are stored on the YouLoad servers.
THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, THE PARTIES AGREE THAT ANY SERVICES OR MATERIALS PROVIDED PURSUANT TO THIS AGREEMENT ARE PROVIDED "AS IS". LOAD 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 LOAD 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.
You agree to defend, indemnify, and hold harmless Load, 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.
NEITHER CLIENT NOR LOAD, NOR THEIR RESPECTIVE AGENTS, OFFICERS, DIRECTORS OR EMPLOYEES, WILL BE LIABLE TO THE OTHER PARTY FOR LOST PROFITS OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES, HOWEVER CAUSED ON ANY THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION NEGLIGENCE), ARISING OUT OF OR RELATED TO THIS AGREEMENT WHETHER OR NOT CLIENT OR LOAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR: (A) UNAUTHORIZED ACCESS, ALTERATION, THEFT, CORRUPTION, OR DESTRUCTION OF OR TO THE COMPUTER FILES, DATABASES, NETWORK, TRANSMISSION FACILITIES OR EQUIPMENT OWNED OR CONTROLLED BY THE OTHER PARTY OR SUCH OTHER PARTY'S CLIENTS OR END USERS; (B) THE CONTENT, ACCURACY OR QUALITY OF THE DATA TRANSMITTED THROUGH THE USE OF THE SERVICES PROVIDED HEREUNDER. Notwithstanding the foregoing, this section shall not limit either party's liability to the other for: (a) willful or malicious conduct; (b) gross negligence; or (c) indemnification.
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.
The failure of Load to enforce any right or provision of these Terms and Conditions will not be deemed a waiver of such right or provision.
These Terms and Conditions and any action related thereto will be governed by the laws of the State of Nevada 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 state and federal courts located in Clark County, Nevada, and Load and you waive any objection to jurisdiction and venue in such courts.
These Terms and Conditions are the entire and exclusive agreement between Load and you regarding the Services, and these Terms and Conditions supersede and replace any prior agreements between Load 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 Load services, affiliate services or third-party content software or services.
If you have any questions about these Terms and Conditions, please contact Load at
info@load.com.