Terms of Service
Copyright or Trademark Infringement
SureSend.com's web site may not be used to store, post, or transmit any material
that infringes any copyright, trademark, patent, trade secret or other proprietary
rights of any third party, including, but not limited to, the unauthorized copying
of copyrighted material, the digitization and distribution of books, music, photographs,
or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
Collection of Personal Information
Illegal Activities
SureSend.com’s web site may not be used for illegal activities or to support the
illegal activities of others. We reserve the right to cooperate with legal authorities
in any investigation resulting from suspected illegal activities.
Defense of third party claims and Indemnification.
Defense. Customer will defend SureSend.com, its directors, officers,
employees, affiliates and customers (collectively, the “Covered Entities”) from
and against any and all claims, actions or demands brought by or against SureSend.com
and/or any of the Covered Entities alleging: (a) with respect to the Customer’s
business: (I) infringement or misappropriation of any intellectual property rights;
(ii) defamation, libel, slander, obscenity, pornography, or violation of the rights
of privacy or publicity; or (iii) spamming, or any other offensive, harassing or
illegal conduct.
Indemnification. Customer hereby agrees to indemnify SureSend.com
and each Covered Entity from and against all damages, costs, and fees awarded in
favor of third parties in each Covered Claim, and Customer will indemnify and hold
harmless SureSend.com and each Covered Entity from and against any and all claims,
demands, liabilities, losses, damages, expenses and costs (including reasonable
attorneys fees) (collectively, “Losses”) suffered by SureSend.com and each Covered
Entity which Losses result from or arise out of a Covered Claim.
Notification. Customer will provide SureSend.com with prompt written
notice of each Covered Claim of which Customer becomes aware, and, at SureSend.com’s
sole option, SureSend.com may elect to participate in the defense and settlement
of any Covered Claim, provided that such participation shall not relieve Customer
of any of its obligations under this Section 12.
Limitations of Liability.
Damage to Customer Business. In no event will SureSend.com be liable
to Customer, any Customer Representative, or any third party for any claims arising
out of or related to Customer’s business, Customer’s customers or clients, Customer
Representative’s activities at SureSend.com or otherwise, or for any lost revenue,
lost profits, replacement goods, loss of technology, rights or services, incidental,
punitive, indirect or consequential damages, loss of data, or interruption or loss
of use of Service or of any Customer’s business, even if advised of the possibility
of such damages, whether under theory of contract, tort (including negligence),
strict liability or otherwise.
Maximum Liability. Notwithstanding anything to the contrary in
this Agreement,SureSend.com's maximum aggregate liability to Customer related to
or in connection with this Agreement will be limited to the total amount paid by
Customer to SureSend.com hereunder for the Three (3) month period prior to the event
or events giving rise to such liability.
Updated: 3/05/2007
New Feature Alert!!!
Registered users can now place an upload link on a website
or blog and easily receive files with SureSend.com.
Visit the
My Profile page to get your personalized HTML code. Works with
MySpace.
Sample (will actually send a file to SureSend.com
Admins):

Click to send me a file!
©2007
ActiveServe, Inc.
System Time (UTC):
1/6/2009 3:28:47 PM