Terms of Service
These Terms of Service set forth the terms and conditions upon which MANDALO.NET makes available, at no charge, its file transmission services. Your use of the services is expressly conditioned on your compliance with these Terms of Service. By clicking accessing or using the services, you are indicating that you agree to be bound by these Terms of Service. You acknowledge and agree that MANDALO.NET may revise these Terms of Service at any time. By continuing to access or use the services after MANDALO.NET makes any such revision, you agree to be bound by the revised Terms of Service.Description of Services
MANDALO.NET's service provides users with the ability to upload a file via HTTP-Protocol and receive a custom URL address to download the file from MANDALO.NET's servers. This address can be shared by the user freely and can be used to download the file a reasonable number of times. The address expires in an amount of time designated by the user (between 30 minutes and 1 week) at which point in becomes inaccessible to the public and is removed from MANDALO.NET's servers.Content Availability
MANDALO.NET does not guarantee the quality or reliability of its services. Once a file has been uploaded to MANDALO.NET's servers, access to the file cannot be disabled before its designated expiration date. MANDALO.NET reserves the right to remove any files at any time without notice.Privacy Policy
MANDALO.NET respects the privacy of its users and follows the privacy guidelines defined in our Privacy Policy.Prohibited Use
As a condition of your use of MANDALO.NET's services, you agree not to:- Upload or transmit 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;
- Access, tamper with, or use any non-public areas of the MANDALO.NET's systems or said system's providers;
- Attempt to probe, scan, or test the vulnerability of the MANDALO.NET's systems or any related system or network or breach any privacy, 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 MANDALO.NET's systems or providers; or
- Impersonate or misrepresent your affiliation with any person or entity.
Warranties
THE SERVICES ARE PROVIDED 'AS IS', WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MANDALO.NET EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. MANDALO.NET 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 MANDALO.NET 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.Indemnity
You agree to defend, indemnify, and hold harmless MANDALO.NET, 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 of Service.Limitation of Liability
MANDALO.NET TAKES NO RESPONSIBILITY FOR THE CONTENT OF ITS USERS FILES. IN NO EVENT WILL MANDALO.NET BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OR INABILITY TO USE THE SERVICES OR ANY USER FILES SENT THROUGH, STORED BY OR DOWNLOADED FROM THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MANDALO.NET HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.IN NO EVENT WILL MANDALO.NET'S AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES EXCEED ONE DOLLAR ($1). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MANDALO.NET AND YOU.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.