1. ACCEPTANCE OF TERMS
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of iDC File Manager. By using iDC File Manager, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Website or use the iDC File Manager Demo) or you are a "Member" (which means that you have purchased iDC File Manager from i Dot Communications).
The term "User" refers to a Visitor or a Customer.
The term "Product" refers to iDC File Manager Pro / Pro Plus or OEM Versions
You are only authorized to use the products sold by i Dot Communications (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement.
Please read this Agreement carefully and save it. If you do not agree with it, you should remove iDC File Manager from your server and discontinue use of it immediately. If you wish to become a customer of i Dot Communications or use iDC File Manager, you must read this Agreement and indicate your acceptance at the end of this document before proceeding to the Download process.
i Dot Communications may modify this Agreement from time to time and such modification shall be effective upon posting by i Dot Communications on the Website. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
i Dot Communications reserves the right, in its sole discretion, to reject, refuse any purchases made by you, or to restrict, suspend, or terminate your access to all or any part of the products at any time, for any or no reason, with or without prior notice, and without liability.
i Dot Communications provides the product of iDC File Manager to you, the user, conditioned upon your acceptance, without modification, of the terms and conditions of use ("Terms") contained herein. Installing iDC File Manager on your server or using iDC File Manager constitutes agreement with such Terms.
i Dot Communications reserves the right, at i Dot Communications sole discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified agreement to the website unless provided otherwise (e.g., when implementing major, substantive changes, i Dot Communications intends to provide users with up to fourteen days of advance notice).
Your continued use of iDC File Manager following the posting of changes to these Terms will mean that you accept those changes.
Use of iDC File Manager constitutes full acceptance of and agreement to the Terms; If a user does not accept i Dot Communications Terms, he or she is not granted rights to use iDC File Manager as defined herein, and should refrain from using iDC File Manager and should remove the iDC File Manager script from their server.
i Dot Communications reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently iDC File Manager. i Dot Communications shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
2. NO UNLAWFUL OR PROHIBITED USE
By using iDC File Manager, you warrant to i Dot Communications that you will not use iDC File Manager, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use iDC File Manager automatically terminates.
This includes using iDC File Manager to distribute or share the following:
Pirated software
Hacker programs
Warez
Pornography or nudity of any kind
Copyrighted materials
Any software that is copyrighted and not freely available for distribution without cost including:
ROMs, ROM Emulators and Mpeg Layer 3 files (MP3).
*** This list is by no means exhaustive ***
3. CONTENT
All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, "Content"), whether publicly posted or privately transmitted via iDC File Manager, is the sole responsibility of the person from whom such Content originated.
This means that the user, and not i Dot Communications or Mark Roberts, is entirely responsible for all Content that he or she uploads, or otherwise transmits via iDC File Manager.
No user shall use iDC File Manager to transmit Content or otherwise conduct or participate in any activities using iDC File Manager that, in the judgment of i Dot Communications or Mark Roberts, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity, or the permissible uses of intellectual property.
4. NO RESALE OF iDC FILE MANAGER
You agree not to sell, resell, any portion of iDC File Manager.
5. INDEMNITY; DISCLAIMER; LIMITATIONS OF LIABILITY
Limitation on Liability. IN NO EVENT SHALL I DOT COMMUNICATIONS OR MARK ROBERTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM THE USE IDC FILE MANAGER, EVEN IF I DOT COMMUNICATIONS OR MARK ROBERTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, I DOT COMMUNICATIONS OR MARK ROBERTS LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO I DOT COMMUNICATIONS OR MARK ROBERTS FOR THE PRODUCT OR SERVICE PURCHASED.
Indemnity. You agree to indemnify and hold i Dot Communications and Mark Roberts, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of iDC File Manager or Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Website or through the Services causes I DOT COMMUNICATIONS OR MARK ROBERTS to be liable to another.
6. GENERAL INFORMATION
The Terms constitute the entire agreement between each user and i Dot Communications and govern each user's use of iDC File Manager, superseding any prior agreements. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software.
The Terms and the relationship between each user and i Dot Communications shall be governed by the laws of the United Kingdom without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the United Kingdom.
If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
7. VIOLATIONS
Please report any violations of the Terms (except for claims of intellectual property infringement) to i Dot Communications at sales@iDotCommunications.co.uk
Last modified: 09/04/09