TERMS OF USE

The Site and the Service (as defined below) are offered under the terms and conditions stated in this Terms of Use (these "Terms") together with the other agreements and documents referenced herein, including any future amendments to any of the foregoing (collectively, the "Agreement"). By using the Site and/or the Service, either as a registered user, a recipient of an e-mail from a registered user, or the user of a SendThisFile® FileBox ("you" or "your"), you agree to the Agreement. You agree the Agreement is a binding contract between you and SendThisFile, Inc. ("SendThisFile"), the company that owns and operates the SendThisFile website (the "Site"). If you do not wish to be bound to these Terms, then immediately stop using the Site and the Service.

1.                 The Agreement. You agree that no contract or agreement is formed and you have no rights to the Service, unless and until SendThisFile has agreed to provide you the Service. You agree that SendThisFile may amend or modify the Agreement at any time, without prior notice. The changes become effective immediately upon posting such amended or modified terms on the Site or if SendThisFile otherwise notifies you of such amended or modified terms. You agree that, if you use the Site and/or the Service after SendThisFile so posts or provides such notice of such amendments or modifications, you have accepted the Agreement as amended or modified. If you do not accept and abide by such amended or modified Agreement, you may not use the Site or the Service. Subject to the terms and conditions of the Agreement, agreement to the Agreement allows you to view the portions of the Site that are generally available to the public and download such portions (but only as strictly necessary to aid in the viewing of the Site and only if all copyright and other proprietary notices are duplicated) solely for the User's personal, non-commercial uses.

2.                 The Service. The SendThisFile® service is a computer file transfer and storage service offered by SendThisFile through the Site, the attributes and functionality of which varies depending on the level of service to which you may subscribe, all as more specifically described in the Site, together with the Support Services (the "Service"). One level of the Service includes accounts for limited Service to registered users and recipients of an email from a registered user or the user of a SendThisFile® FileBox, who are not charged fees for use of the Service (each a "Free User"). Other levels of the Service to registered users are obtained by payment of fees (each a "Paid User"). Depending which level of Service you choose, you understand and agree that the Service may include advertisements of third parties and from SendThisFile. Subject to the other terms and conditions of the Agreement, agreement to the Agreement allows you utilize the Service in accordance with the applicable level specified only for your lawful purposes and only as strictly necessary to utilize the Services. Additional terms and restrictions applicable to use of Content are specified in this Agreement. Except as specifically stated in this Agreement, no other right or license is granted to you for the Site or the Service, and any other use is strictly prohibited.

3.                 Support Services. During the term and for Paid Users, the Service includes (a) a reasonable amount of assistance in the use of the Service and reasonable diagnosing and attempting to resolve problems with the use or delivery of the Service, and (b) updates and revisions to the Site and Services that SendThisFile elects to provide to provide to Paid Users generally (collectively, the "Support Services"). Support Services are only provided during SendThisFile's regular business hours and exclude weekends and SendThisFile holidays. SendThisFile may condition the timing and delivery of Support Services in whatever method or manner it chooses, which may include communication via email or through the live chat system through the Site. In order to take advantage of the Support Services, you may be required to purchase additional or different equipment or services from third parties. SendThisFile has no obligation to provide any other assistance, support, maintenance, or other services or to perform any assistance by any other method, such as at your location. If SendThisFile, in its sole discretion, agrees to provide any additional services, such additional service shall be governed by these Terms.

4.                 Fees and Payment. Paid Users shall be responsible for paying SendThisFile the fees and other charges and expenses as described on the Site for the applicable Services. SendThisFile may modify such fees at its discretion, which shall take effect at the end of the current term of Service. Such fees and expenses are due and payable prior to SendThisFile performing the Service, but if SendThisFile performs the Service prior to receiving payment or if your form of payment is not in good funds or is reversed for whatever reason, your payment is due upon notice from SendThisFile. All such payments shall be paid in full when due, without right of deduction or set-off. You are solely responsible for the payment of any and all taxes resulting from the Service or the Agreement. In addition to any other remedies available to SendThisFile, you agree to pay a charge for any amounts that are more than thirty (30) days past due at the rate of the lesser of one and one-half percent (1.5%) per month or the greatest rate allowed by law. When paying by credit or debit card, Paid User authorizes SendThisFile to charge such card for the full amount authorized, together with any other amounts due and owing to the Company as specified in the Agreement, or in the Site, and Paid User agrees to pay such amounts in accordance with Paid User's agreement with the card issuer.

5.                 Your Obligations and Agreements. As a condition for using the Site and/or the Service, you understand and agree:

(a)                Account Information. You will provide current, accurate, and complete information when registering for the Service. You will promptly inform SendThisFile if any of your account information changes (such as a change of address, a change of email address, the closing of an email account, the cancellation of a credit card, etc.), and if you do not inform SendThisFile of the change, SendThisFile has the right to take appropriate action to protect its interests. In return, SendThisFile will maintain the information you provide in accordance with our Privacy Policy (as amended from time to time), which is available on the Site.

(b)              Use by Minors. The Service is not available to minors. By accepting these Terms, you agree that you are capable of entering into a binding agreement.

(c)                Security. You must comply with and not attempt to disable or circumvent any security device or procedure associated with the Site or the Service. You agree you are responsible for maintaining the confidentiality of the password you choose to use in conjunction with the Service. You may not allow anyone else to use your account without prior, written approval of SendThisFile. You agree that SendThisFile will not be liable for any loss you may incur as a result of someone else using your password, either with or without your knowledge. You agree not to impersonate anyone else, or falsely represent your affiliation with any other person or entity.

(d)               Unlawful Use. You will not use the Site or Service, in whole or in part, for any unlawful purpose. It is not the responsibility of SendThisFile to monitor your activities to insure compliance with any federal, state, or local laws or regulations, although SendThisFile reserves the right to do so at its discretion.

(e)                Content. You are solely responsible for all your activities when using the Service, including, without limitation, all content you transmit through the Site or with the Service. SendThisFile is not responsible for the content of other persons (including, without limitation, Viruses or content available through links). SendThisFile does not have an obligation to monitor your activities, your content, or the content of other person, although SendThisFile reserves the right to do so in its sole discretion. SendThisFile may take any action with respect to your activities, your content, or the content of any other person as SendThisFile deems necessary (including, without limitation, accessing, reading, preserving, disclosing, removing, or refusing to distribute the same) in order to (1) satisfy any applicable law or governmental order, (2) enforce the Agreement or investigate any potential violation of the Agreement, (3) detect, prevent, or otherwise address acts of fraud or security or technical issues, (4) respond to requests for Support Services, (5) protect the rights, property, or safety of SendThisFile or any person or preserve any of the foregoing from liability, or (6) exercise any other right or remedy available to SendThisFile.

(f)                 Interference with Others. You will do nothing to impair the normal operation of the Site or Service, and you will do nothing to restrict or inhibit any other person from using and enjoying the Site and Service. You will do nothing that will damage or disable the Site or Service. You will not attempt to access unauthorized access to information or content belonging to any other party using the Site or Service.

(g)                Prohibited Activities. You will not use the Service to send chain letters, unsolicited commercial email (also known as spam), junk email, or other unsolicited messages; transfer any material that is protected by any patent, trademark, trade secret, copyright or other proprietary rights of any party unless you have sole ownership over that material or have received all necessary consents to distribute that material; transmit files that contain viruses, Trojan horses, worms, corrupted files, or any other software, programs, or code that may damage the operation of another's computer or the data or property of another (a "Virus"); or transmit any material that is harmful to minors. SendThisFile may supplement this list of prohibited activities from time to time, which will be effective upon notice to you and/or posting on the Site.

(h)                Disclosure of Information. SendThisFile, in its sole discretion, may disclose any information about you, your account, or your activities regarding the Service that SendThisFile deems necessary to satisfy any applicable law, regulation, legal process or governmental request or enforce the Agreement. The Site and the Service is offered, stored, and processed in the United States. By using the Service, you consent to transfer of information outside of your country.

(i)                  Data Storage. When using the Service, your personal data is temporarily stored on our servers as part of the normal operating process of providing the Service. Regardless of any encryption used, or other precautions taken, you understand that SendThisFile cannot guarantee complete privacy with regard to the files you transmit over the Service. You agree that SendThisFile has no responsibility or liability for the deletion, corruption, or failure to store any data stored or transmitted by the Service. You understand that SendThisFile does not back up the files on the Site or through the Service, and you agree that you are responsible for keeping back-up copies of all files uploaded to the Service.

6.                  DMCA Complaints.

(a)                Policy. It is SendThisFile's policy to respond to notices of alleged infringement in compliance with the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. If SendThisFile removes or disables access to comply with the DMCA, SendThisFile will make a good-faith attempt to contact you so that you may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. It is SendThisFile's policy to document all notices of alleged infringement on which SendThisFile acts. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing or not infringing the copyrights of others.

(b)               Notice. To file a notice of infringement with SendThisFile, you must provide a written communication (by fax or regular mail-not by email, except by prior agreement) that: (1) identifies in sufficient detail the copyrighted work that you believe has been infringed, (2) identifies the material that you claim is infringing the copyrighted work you listed, including any file name, message ID, and/or URL of such material, (3) provides information reasonably sufficient to permit SendThisFile to contact you (email address is preferred), (4) includes the following statement: "I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law," (5) is signed by you, and (6) is sent to the address or number written below.

(c)                Counter Notice. You may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. When SendThisFile receives a counter notification, SendThisFile will reinstate the material in question. To file a counter notification, you must provide a written communication (by fax or regular mail-not by email, except by prior agreement) that: (1) identifies the specific file names, message IDs, and/or URLs of material that SendThisFile has removed or to which SendThisFile has disabled access; (2) includes your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Kansas, if your address is outside of the United States), and that you will accept service of process from the person who provided notification to SendThisFile of infringement or an agent of such person; (3) includes the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result or message identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;" (4) is signed by you; and (5) is sent to the address or number written below.

7.                  Term, Termination, and Remedies.

(a)                Term. If you are a Paid User, the term of the Services and the Agreement is month-to-month beginning at the first day of each calendar month (or, if you subscribed after the first of a calendar month, on the effective date of the beginning of the Services) and ending on the last day of each calendar month.

(b)               SendThisFile Termination. Except as stated below, you agree that SendThisFile may modify, suspend, discontinue, or otherwise terminate the Service or the Agreement, on a temporary or permanent basis, at any time, in whole or in part, for any reason or no reason, with or without notice, and without liability to you. For example and without limitation, SendThisFile may terminate or suspend your access to the Service for lack of use; for failure to pay account fees within the period of time designated by SendThisFile; for registering more than one free account; for engaging in multiple, simultaneous uploads from within either one free account, or by using multiple free accounts; for maintenance of the Site or performance of Support Services; for failure to follow the rules posted on the Site or in these Terms; for actions outside these Terms; or for any other reason determined by SendThisFile. Unless you have violated the terms and conditions of the Agreement, if you are a Paid User, a material modification that negatively impacts the Service or a suspension, discontinuance, or other termination of the Service or the Agreement will occur at the end of the current term of the Service. Notwithstanding the foregoing, SendThisFile may make a material modification that negatively impacts the Service or suspend, discontinue, or otherwise terminate the Service or the Agreement at any time by refunding you the prorated portion of the fees you have paid for the current term of the Service through the end of that term. Continuation of the Service by a Paid User after any such material modification or suspension constitutes the Paid User's agreement to waive any claim for any refund of fees.

(c)                Other Remedies. In addition or as an alternative to termination, cancellation, or discontinuance of the Site and/or the Service, SendThisFile may take whatever action is deems necessary or convenient, in its sole discretion, in the event of your breach of Agreement. Such actions may include, without limitation, suspending your access to the Site, the Service, or files or content in your account, deleting your account(s), deleting files you have uploaded, blocking your IP address, or any other technical or legal means at SendThisFile's disposal.

(d)               Your Termination. You may cancel your use of the Services and the Site at any time by providing notice to SendThisFile. Except as otherwise stated in these Terms, you shall have no right to a refund of any fees paid, and you shall be obligated to make any payments due SendThisFile through the end of the term of the Services, if any.

(e)                Affect of Termination. Upon expiration, termination, cancellation, or discontinuance of the Site and/or the Service to your right to use the Site and/or Service immediately ceases and you will have no right to access your account or any files or other content contained in your account, although residual copies may be retained in SendThisFile's system. SendThisFile may retain any such files or other content at its discretion. The provisions of Sections 4 through 11 4 through 11of these Terms shall survive the expiration, termination, cancellation, or discontinuance of the Site and/or the Service.

8.                  Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND/OR THE SERVICE IS AT YOUR SOLE RISK. SENDTHISFILE AND ITS SUPPLIERS PROVIDE THE SERVICE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. SENDTHISFILE MAKES NO WARRANTY THAT THE SITE OR THE SERVICE WILL: MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, PROPERLY STORED OR DELIVERED, ACCURATE, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL TRANSMITTED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE TRANSMISSION OF ANY SUCH MATERIAL.

9.                  Limitation of Liability. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, SENDTHISFILE DOES NOT CONTROL, ENDORSE OR VALIDATE ANY TRANSMISSIONS SENT VIA THE SERVICE, THEREFORE, SENDTHISFILE SPECIFICALLY DISCLAIMS AND YOU HEREBY RELEASE SENDTHISFILE FROM ANY LIABILITY RESULTING FROM YOUR USE OF THE SITE, PARTICIPATION IN THE SERVICE, YOUR INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE. IN NO EVENT SHALL SENDTHISFILE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, LOSS OF DATA OR LOSS OF PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF SENDTHISFILE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, FOR ANY CONTENT OR MATERIALS OBTAINED THROUGH THE SITE, THE SERVICE, OR OTHERWISE ARISING OUT OF THE SAME, THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL STATEMENTS OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY, OR ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICE. REGARDLESS OF THE INCIDENT, IN NO CASE SHALL SENDTHISFILE BE LIABLE FOR MORE THAN THE CURRENT MONTH'S FEES PAID, IF ANY.

SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY, SO THE FOREGOING DISCLAIMERS LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

Without limiting the foregoing, under no circumstances shall SendThisFile or its suppliers be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

10.              Intellectual Property Rights. Except as stated herein, you acknowledge that SendThisFile owns all right, title, and interest in and to the Site and Service, including, without limitation, all content and intellectual property rights therein, which are protected by U.S. and international intellectual property laws. SendThisFile is a service mark and SendThisFile® and the Yellow File Folder Logo are federally registered service marks of SendThisFile, Inc. Other product and company names mentioned herein may be the trademarks or service marks of their respective owners. You agree that you will not in any way, directly or indirectly copy, reproduce, produce, distribute, transmit, alter, modify, or create derivative works of the Site, the Service, or any content therein. Any rights not expressly granted herein are reserved.

11.              Data Breach Procedures for Enterprise Plans. The following explains SendThisFile, Inc's data breach procedures for Enterprise Plans (including Enterprise Plans on dedicated servers). Data breach is defined as unauthorized access to files uploaded by SendThisFile users.

SendThisFile Employee Guidelines

(a)                Communication. Employees will not communicate with anyone other than their supervisor(s) or the principle partners of SendThisFile, Inc. about any details or generalities surrounding any suspected or actual incident.

(b)                Documentation. Employees will document any information pertinent to the incident. If known, this must include date, time, and the nature of the incident.

Incident Response

1.                Contain, Eradicate, Recover and perform Root Cause Analysis.

2.                Notify SendThisFile account owner and sender of the file or files.

3.                Alert all necessary authorities.

4.                Legal counsel to perform an analysis of legal requirements for reporting compromises.

5.                Collect and protect information associated with the intrusion.

6.                Eliminate the intruder's means of access and any related vulnerabilities.

7.                Research potential risks related to or damage caused by intrusion method used.

8.                Perform root cause analysis.

12.              General.

(a)                Choice of Law; Venue. Venue. You agree that this agreement shall be governed by the laws of the State of Kansas, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Sedgwick County, Kansas, U.S.A. in all disputes arising out of or relating to the use of the Site or Service.

(b)               Beneficiaries. You are not a beneficiary of any obligation SendThisFile owes to a third party, and no other person is a beneficiary of any obligation SendThisFile owes to you.

(c)                Relationship. You agree that no joint venture, partnership, employment, or agency relationship exists between you and SendThisFile as a result of the Agreement, or the use of the Site or Service.

(d)               Indemnification. You agree to indemnify and hold SendThisFile, its owners, subsidiaries, affiliates, officers, directors, and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct in the use of the Site and/or Service.

(e)                Severability. If any provision of the Agreement is held to be invalid or unenforceable including, but not limited to, the warranty disclaimers and liability limitations set forth above, then such provision shall be struck and the remaining provisions shall be enforced.

(f)                 No Waiver. SendThisFile's failure to act with respect to a breach by you or others does not waive SendThisFile's right to act with respect to subsequent or similar breaches.

(g)                No Assignment. You may not assign or transfer any right or duty under the Agreement, including, without limitation, the Service, and any attempt to the contrary is void.

(h)                Integration; Amendment. The Agreement is the entire understanding and agreement between you and SendThisFile with respect to the subject matter hereof. When in conflict, these Terms control over other provisions of the Agreement. Except as specified herein, no amendment may be made to the Agreement unless the same is in writing and signed by an authorized representative of SendThisFile.

(i)                  Headings. The section titles in these Terms are for convenience only and have no legal or contractual effect.

(j)                 Copies. A printed version of this agreement shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The SendThisFile® service is operated by SendThisFile, Inc. Wichita, Kansas 67203-1046 U.S.A.

Address and Fax Number for DMCA Complaints, Notices, and Counter Notices:

SendThisFile, Inc.
Attn: DMCA Complaints
2116 N McComas Street
Wichita, KS 67203-1046

Fax: 215-895-9813, Attn: DMCA Complaints

PRIVACY POLICY

This privacy policy (the "Statement") covers SendThisFile, Inc's ("SendThisFile," "us," or "our") SendThisFile file transfer service website, sendthisfile.com. By using the SendThisFile website, you consent to the data practices described in this Statement, as the same may be updated from time to time.

Scope

This Statement covers SendThisFile's treatment of personally identified information that we collect when you are on the SendThisFile website, and when you use our services. This Statement also covers our treatment of any personally identified information that our business partners share with us.

This Statement does not apply to the practices of companies that SendThisFile does not own or control, or to individuals that SendThisFile does not employ or manage, including operators of websites to which you may link from the SendThisFile website. This Statement also does not apply to any offline collection of personally identified information, or the treatment of the same when such information is collected outside of the SendThisFile website.

What information do we gather?

The only individually identified information that we collect about you is that which you choose to share with us during registration, when using our products and services, or when responding to offers from SendThisFile or from our business partners.

We also collect information about aggregate site usage. Statistics that we gather about unique visits, referring URLs, repeat visits and page views are all based on IP address, and are not associated with your personal information.

Why do we ask for personal information about you?

In order to use the SendThisFile service, users must set up individual accounts. This requires the completion of a registration form. This information is used to identify the specific individual utilizing the SendThisFile service. Users may provide optional identifying information, demographic information, and unique identifiers to enable us to provide a more personalized experience on the site.

We share aggregate information (information that is not specifically identified to you) with our partners and advertisers. We will not share your personally identified information with any third party, unless we tell you otherwise when we collect the information, you have consented by "opting in" to being contacted by SendThisFile, its third party partners or advertisers, or we have informed you of a change to our Statement so that you can then choose to opt out. We will give you a way to "opt out" of being contacted by SendThisFile.

In short, the information you provide us can help us to understand how to make our website more convenient and useful to our audience.

We also collect information about aggregate website usage. Statistics that we gather about unique visits, repeat visits and page views are all based on IP address, not on your individual activities.

The information we gather is supplemented with information provided by third party sources, and may be used to derive additional data to enhance our databases. For example, zip code information you provide may be used to derive city and state information or may be used to add demographics data.

How do you update the information you provided during registration?

To update or correct the personally identified information that you shared with us during registration, sign into your member account on the website using your member ID and password. Once signed in, click on the "my account" link, and follow the steps to edit your member information and to confirm your changes.

Email Communications

Periodically, we will use your provided email address for the following:

1. To send you System Alert Messages to let you know about temporary or permanent changes to our Services including planned outages, new features offered, feature updates, point releases, major releases, abuse warnings, changes to our Privacy Policy and possibly other documents and agreements.
2. To communicate with you concerning your account for an informational, as opposed to promotional, purpose.
3. To send you informational and promotional materials that you elect ("opt-in") to receive.

Our email marketing is permission based. If you received a mailing from us, our records indicate that (a) you have expressly shared this address for the purpose of receiving information in the future ("opt-in"), or (b) you have registered or purchased or otherwise have an existing relationship with us.

Unsubscribing - You can unsubscribe or change your subscription to our marketing emails at any time. Simply click the unsubscribe link that appears at the bottom of your email to modify your subscriptions online.

Third Parties

We do not share personally identified information with anyone, unless we need to do so to provide services to you (e.g., sending credit card information to a credit card processor), we tell you otherwise when we collect the information, you "opt in" to having your information shared with third parties, or we have informed you of a change to this Statement so that you can then choose to opt out. Additionally, we may disclose personally identified information with third parties if (1) we believe in good faith that such disclosure is necessary to comply with an applicable law, a valid legal process, or to exercise our legal rights (including, without limitation, a violation of the SendThisFile website Terms and Conditions of Use or other agreement between SendThisFile and you), or to defend against legal claims; (2) we have a good faith belief that access, preservation, or disclosure of such information is reasonably necessary to protect the rights, property, or safety of us, our users, or the public, including disclosure of criminal activity or the violation of the rights of others; or (3) if all or a portion of a business of SendThisFile is transferred in connection with a sale, merger, transfer, exchange, or other disposition (whether assets, stock, or otherwise).

Except as stated above, when we ask you for personally identified information, we will tell you if we intend to share it with others. We will provide you with a way to tell us that you don't want us to share the information or if you don't want to receive promotional and/or marketing information about products, services, and offerings from SendThisFile and/or any third parties. We will also provide you with a way to update your personally identified information that you share with us during registration. Once you have "opted in" and agreed that your information may be shared with third parties or you have responded to an offer by any third party on the SendThisFile websites, SendThisFile can no longer update any of your personally identified information that has been transferred to such third parties or opt you out of such third parties so that you no longer receive their promotional and/or marketing information. Instead, you must either contact that third party or refer to their privacy policy to update your personally identified information or to let them know that you no longer want to receive promotional and/or marketing information about their products, services, or offerings. The privacy policies and practices of these third parties may differ from this Statement. You may not opt-out of the uses stated above or our internal uses of your personally identified information.

SendThisFile may, from time-to-time use the names of businesses that have accounts with SendThisFile in SendThisFile's marketing or advertising materials, in order to show prospective customers the types of businesses that have accounts with SendThisFile. If you do not want SendThisFile to use your company name in this manner, send an email to info@sendthisfile.com and so state. We will send you a confirmation email. Make sure that you receive the confirmation email so as to assure that the transaction was completed.

How does SendThisFile use cookies?

SendThisFile uses cookies to facilitate the login process for you across multiple applications on our websites. Everything we learn from your activity will be used to enrich your experience on our websites. It will help us understand what you like and don't like, so we can focus our energies more effectively and provide you with better service. There are two types of cookies that we use.

The first type of cookie has no personal information attached to it and is used to count unique users. That cookie can also be used for advertising purposes by SendThisFile, its business partners and advertisers, for serving and delivering advertising campaigns to control frequency of exposure, or to target by domain name, time zone or geographic location.

For any user who subsequently registers with our site, we replace the first type of cookie with a user identified cookie, which we continue to use for unique user counting as well as advertising targeting, but that cookie may now also include personally identified information. This cookie allows you to access all of your personalized areas of the website without having to log on multiple times.

Lastly, there may be a third party cookie in SendThisFile emails that is generated by our business partners or advertisers when they sponsor emails to promote their products and services.

Changes to the SendThisFile Privacy Policy

SendThisFile may amend this Statement from time to time. If we make any substantial changes in the way we use your personal information we will notify you by posting a prominent notice in this Statement or in other locations on our website or by sending you an email to inform you of an updated Statement, at our choice. We encourage you to periodically review this Statement to stay informed about how we are protecting the personal information we collect. Your continued use of the SendThisFile website constitutes your agreement to this Statement and any changes to it.

SUBSCRIPTION AGREEMENT

All Plans are on a Subscription Basis

• Subscriptions to the SendThisFile service are adjusted to a calendar month basis on the first day of the first month after the subscription is purchased. There will be a prorated charge for the month when this adjustment is made.
• File transfer service renewals are normally posted to charge cards on the first or second day of each month.
• If you subscribe to our service through a special offer (e.g., 15-day free trial, one-half off first three months, etc.), the subscription will automatically convert to a full price, paid subscription at the end of the offer period. If you do not want to continue with a full price, paid subscription, you must cancel the subscription during the offer period. (Cancellation instructions are shown below.)
• A subscription to the SendThisFile file transfer service is for access to a SendThisFile file transfer server. When someone purchases a subscription to the SendThisFile service, SendThisFile has to pay for hard drive space, bandwidth, customer support, programmers, upgrades, maintenance, etc., so the service is available to the subscriber any time the subscriber desires to use the SendThisFile service. In light of the foregoing: Subscriber agrees that the subscriber is using, and will pay for, the SendThisFile service from the time the subscriber purchases a subscription until the subscriber cancels the subscription using the online subscription cancellation procedure described below, even though the subscriber does not send or receive any files during the time period the subscription is active.
• If you are only going to send files one time, be sure to cancel your subscription using the online cancellation procedure described below once the files have been downloaded.
• If you are not going to send or receive files for a period of time, and you do not wish to pay SendThisFile to keep your subscription active during that period, cancel your subscription using the online cancellation procedure described below before the first of the month to save another month's fees. You can easily purchase a new subscription whenever you need to send large files again.
• Discounted subscriptions (e.g., annual plans) cancelled prematurely are adjusted to monthly rates before refunds are calculated.
• Refunds for discounted subscriptions are based on full months. No refunds for fractional months.
• There is no refund when a monthly subscription is cancelled.
• You are agreeing to this subscription policy, along with our Terms of Use, when you purchase a subscription.

Cancelling your Subscription Online

• This online cancellation procedure is available at all times for accounts with paid subscriptions. (Free account holders who want to cancel their account should use the "Contact" form on any page to request their free account be cancelled.)
• Log in to your account.
• Click on the "My Account" link on the gray bar.
• Click on the "Cancel" link at the right-hand end of the sub-menu that will appear just below the gray bar.
• Follow the prompts.
• Do not assume the subscription has been cancelled until you receive our confirmation email. Keep the confirmation email we send you for one or two billing cycles in case there is a problem. The confirmation email is your evidence as to when you cancelled your subscription.
• The prices of SendThisFile's subscriptions are based on SendThisFile's customers using an automated service, including this online cancellation procedure. If you choose to cancel your subscription using any method other than this online cancellation procedure (e.g., by telephone, email, snail mail, telling your credit card company to decline future charges, a credit card chargeback, etc.) you agree that SendThisFile may bill you for a cancellation fee, plus all costs incurred by SendThisFile as a result of your choice to use a cancellation procedure other than this online cancellation procedure.
• You are agreeing to this cancellation policy, along with our Terms of Use, when you purchase a subscription.

Overage (File Transfer Usage) Billing

• Each subscription includes a specific amount of prepaid bandwidth (i.e., upload and download bytes). The amount of prepaid bandwidth included with each subscription is shown under the "Buy Now/Upgrade" link.
• SendThisFile will bill the account holder for usage that exceeds the prepaid bandwidth for the user's plan, at the rate shown for the plan under the "Buy Now/Upgrade" link.
• All successful transfers, partial transfers, incomplete transfers, video streams, audio streams, etc. are counted when calculating overage billing.
• Charge cards may be debited immediately when prepaid upload OR download bytes are exceeded.
• SendThisFile recognizes that not everyone can accurately anticipate their monthly usage when they start using SendThisFile. If you are billed for an overage, carefully read the "Overage Notice" email you receive, it will contain information about how to apply your overage fees to an upgrade, along with information as to how you can reduce your overage billing costs in the future.
• You are agreeing to this overage billing policy, along with our Terms of Use, when you purchase a subscription.

REGULATORY COMPLIANCE

SendThisFile is dedicated to providing industry leading security and regulatory compliance to its customers.

SendThisFile, Inc. and its partners comply with specialized regulatory requirements which our small, medium, Fortune 500 and Fortune 10 customers must meet. As such, SendThisFile, Inc. is able to provide a robust managed file transfer service to customers who must meet stringent data privacy and data security regulations.

SendThisFile is compliant with HIPAA, SAS 70 Type II, SSAE16, PCI DSS and FIPS 140-2.

Health Insurance Portability and Accountability Act of 1996 (HIPAA)

The U.S. Department of Health and Human Services recognizes electronic file transfer as a legitimate method of moving individual health records between medical personnel and medical facilities. The file transfer service provided by SendThisFile, Inc. meets the electronic transmission requirements for these documents.

The following PDF contains additional HIPAA information from the U.S. Department of Health and Human Services.

SendThisFile operates as a common carrier (i.e., SendThisFile operates as the electronic or Internet equivalent of FedEx or UPS). Therefore, a Business Associate agreement with SendThisFile is not required.

• [45 CFR 164.502(e), 164.504(e), 164.532(d) and (e)] Other Situations in Which a Business Associate Contract Is NOT Required.
• With a person or organization that acts merely as a conduit for protected health information, for example, the US Postal Service, certain private couriers, and their electronic equivalents.

Statement on Auditing Standards No. 70 (SAS 70)

SendThisFile utilizes Data Centers that have passed a Statement on Auditing Standards (SAS) No. 70 Type II audit conducted by a third party.

Statement on Standards for Attestation Engagements No. 16 (SSAE16)

SendThisFile utilizes data centers that have met the requirements of the Statement on Standards for Attestation Engagements (SSAE) No. 16, Reporting on Controls at a Service Organization.

PCI DSS

SendThisFile meets Payment Card Industry Data Security Standard (PCI DSS) version 1.2. PCI DSS version 1.2 is the global data security standard that any business of any size must adhere to in order to accept payment cards, and to store, process, and/or transmit cardholder data. The standard includes 12 requirements for any business that stores, processes or transmits payment cardholder data. These requirements specify the framework for a secure payments environment.

For more information regarding PCI DSS visit http://www.pcisecuritystandards.org

Federal Information Processing Standards (FIPS) 140-2

Federal Information Processing Standards Manual 140 covers the security measures used within software modules. File uploads and downloads on SendThisFile involve a browser at the upload end, a Java module on the SendThisFile server, and a browser on the download end.

• Microsoft Internet Explorer browser is FIPS 140-2 compliant. If both the sender and the recipient are using Microsoft Internet Explorer browsers, the transfer will be conducted using FIPS 140-2 compliant modules.
• Mozilla's FireFox browser is FIPS 140-2 compliant, when configured by the user.
• SendThisFile also utilizes Java JCE and Java JSSE on its servers, which are FIPS 140-2 compliant.

SendThisFile Personnel

SendThisFile, Inc. has provided enterprise level solutions longer than any other firm in the managed file transfer industry. We serve Federal military, business and nuclear agencies, international stock market and financial reporting firms, global banks and hospitals. SendThisFile restricts the number of employees who have access to customer data to a small, highly-vetted group, along with secure login procedures.