Trademarks
DEXSAR is a trademark of DEXSAR in the United States. All other trademarks, names and logos on this Site are the property of their respective owners
The terms and conditions set forth below (the "terms") govern your use of this web site and the services and applications available on this web site. These terms are a legal contract between you and DEXSAR Inc. ("we" "us" or "DEXSAR") and govern your access to, and use of the DEXSAR website located at www.dexsar.com (the "site"). If you do not agree with any of these terms, do not click "I agree" and do not access or otherwise use this site. By clicking "I agree" or using this site and/or the services or applications on this site, you indicate your agreement to abide by each of the terms set forth below. DEXSAR may make changes to the services and applications offered on this site, at any time without notice, and DEXSAR can change these terms at any time without notice by posting updated terms of use on the site. Your continued use of the site after such changes have been posted means that you agree to the new terms, even if you have not reviewed the changes. Therefore, you should check the terms of use posted on the site periodically for updates and changes.
General Use Restrictions
DEXSAR provides a digital managed file transfer and data loss protection service (“DEXSAR,” the “DEXSAR Service,” or the "Service") as well as other applications, products, content and other services through the Site. Certain information, documents, applications, products and services provided on and through the Site, including content, trademarks, logos, graphics and images that are not Submissions (as defined below) (together, the "Materials") are provided to you by DEXSAR and are the copyrighted work of DEXSAR's contributors.
Except as expressly provided herein, DEXSAR grants you a limited, individual, non-exclusive and non-transferable license to use and to display the Materials and use the services and the Site solely for your personal use if you are an individual and solely for business use if you are an organization or agent of your organization. Except as expressly set forth herein, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, alter, enhance or in any way exploit any of the Materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Site or any Materials on any legal basis.
Password or other Security Credentialed Restricted Areas of the Site
You may need a password or other security credentials to login to the Site and/or to use the Services and certain DEXSAR Applications (defined below), functions and areas within the Site ("Restricted Areas"). If you are an authorized accountholder of the Restricted Areas, you are responsible for maintaining the confidentiality of your security credentials and account, and agree to notify DEXSAR if your password or any other security credentials are lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your account. You agree to immediately notify DEXSAR of any unauthorized use of your account or any other breach of security in relation to the Site known to you. You will not use other accountholders' contact information gathered from Restricted Areas of the Site for commercial purposes.
Licenses
DEXSAR may make certain applications available to you (either for free or for a fee) via download, including, without limitation, the DEXSAR digital managed file transfer and data loss protection and other related DEXSAR software tools and applications (the "DEXSAR Applications"). Subject to your compliance with these Terms (including, without limitation, timely payment of applicable fees, if any), DEXSAR grants you a limited, personal, non-exclusive, non-transferable, world-wide license to use the DEXSAR Applications solely for your own internal business or personal use.
The Services enable you to deliver, share, protect and make available to individuals designated by you, your digital media files, document files and data (the "Content"). You acknowledge that you are responsible for your Content and that you, and not DEXSAR, will have full responsibility for all such Content uploaded by you through your use of the Service, including its legality, reliability, appropriateness, originality and compliance with third party copyright rights. YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS APPLICABLE TO YOUR CONTENT, except for the DEXSAR Applications used to store or otherwise access your Content. You further agree that you will not upload, post or otherwise make available on the Site or through any DEXSAR Application any material protected by any third party copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right, and the burden of determining that any material is not protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any of your Content. You warrant that you have no knowledge as to any third party claims regarding the intellectual property or other rights in the Content which claims would interfere with the rights granted under these Terms. You will indemnify, defend and hold DEXSAR harmless from a breach of the foregoing. You acknowledge that DEXSAR does not pre-screen submitted Content, but that DEXSAR and its designees shall have the right (but not the obligation) in their sole discretion to reject or remove any Content from this Site or any DEXSAR Application. You further acknowledge and agree that technical processing and operation of the Site, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks and devices.
Pricing and Payments
If applicable, you will pay all fees or charges for your account based on DEXSAR's fees, charges, and billing terms in effect as shown on the payment page. All payments shall be made by credit card or other electronic payment method approved by DEXSAR (such as PayPal or ACH transaction) in advance prior to receiving access to any DEXSAR Application or other service available at this Site, if applicable. You are responsible for paying any taxes that may apply. If you do not pay on time or if DEXSAR cannot charge your credit card or other payment account for any reason, DEXSAR reserves the right to either suspend or terminate your access to the Site, your account and/or the applicable DEXSAR Application(s) and terminate these Terms. If you cancel your account at any time, you will not receive any refund, unless DEXSAR has explicitly offered otherwise as a part of a promotion.
Privacy Policy
Your use of the Site is governed by the DEXSAR Privacy Policy, which is available here.
Third Party Content
Certain information and content may be provided by third party licensors and suppliers to DEXSAR ("Third Party Content"). The Third Party Content is, in each case, the copyrighted work of the creator/licensor. Unless you have permission from the owner of the Third Party Content, you agree to only display the Third Party Content on your personal computer solely for your own use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. DEXSAR disclaims all express, implied and statutory warranties and conditions with regard to third party content, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Links to Third Party Sites
This Site may be linked to other sites that are not DEXSAR Sites. DEXSAR is providing these links to you only as a convenience, and DEXSAR is not responsible for the content or links displayed on such sites.
Unauthorized Activities
Unauthorized use of any Materials, DEXSAR Applications or Third Party Content contained on this Site, or the uploading of unauthorized Content to the Service, may violate certain laws and regulations. You shall indemnify and hold DEXSAR and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees) DEXSAR or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of the Site and/or the Service or the use of the Site and/or the Service by any person using your user name and/or password (including without limitation your participation in the posting areas) violates any applicable law or regulation, or the rights of any third party.
DEXSAR reserves the right to terminate your access to your account, your ability to access and post Content to the Site, Services and/or the DEXSAR Applications, with or without cause, and with or without notice, or for any action that DEXSAR determines is inappropriate or disruptive to the Site, Services or to any other user of the Site and/or Services. You hereby agree to waive any claims against DEXSAR and its affiliates, contractors, agents and employees for losses, damages and injuries for which are based on or relate to communications or materials made available to the Site or posted on the Site by persons other than DEXSAR. DEXSAR may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at DEXSAR's discretion, DEXSAR will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Site.
Trademarks
DEXSAR is a trademark of DEXSAR in the United States. All other trademarks, names and logos on this Site are the property of their respective owners.
Copyrights and copyright agents
DEXSAR respects the intellectual property of others, and we ask you to do the same. DEXSAR may, in appropriate circumstances and at our discretion, terminate service and/or access to the Site, Services, the DEXSAR Application(s), or Restricted Areas of the Site to users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and appears on our Site, please provide DEXSAR's copyright agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
identification of the URL or other specific location on the Site where the material that you claim is infringing is located;
your address, telephone number, and email address;
a statement by you that you have a good faith that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
DEXSAR's agent for notice of claims of copyright infringement on this Site can be reached as follows:
By mail: DEXSAR Inc.
Attn: Legal Department
1775 Wiehle Ave. Suite 400
Reston, VA 20190-5159
By phone:
(703) 796-1170
Disclaimer of Warranties
Your use of this Site, the services and/or the DEXSAR Application(s) is at your own risk. Neither the Materials nor the Third Party Content have been verified or authenticated in whole or in part by DEXSAR, and they may include inaccuracies or typographical errors. DEXSAR does not warrant the accuracy of timeliness of the Materials or the Third Party Content contained on this Site. DEXSAR has no liability for any errors or omissions in the Materials and/or the Third Party Content, whether provided by DEXSAR or our licensors.
DEXSAR, for itself and its licensors, makes no express, implied or statutory representations, warranties, or guarantees in connection with the site, the services, the DEXSAR applications or any materials, third party content or content, relating to the quality, suitability, truth, accuracy or completeness of any information or material contained on the site, including without limitation the materials, the third party content and the content of other visitors to the site. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, the site, the services, the DEXSAR applications, materials, third party content, content, and any information or material contained on the site is provided to you on an "as is," "as available" and "where-is" basis with no warranty of implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights. DEXSAR does not provide any warranties against viruses, spyware or malware that may be installed on your computer by other members or through your use of any DEXSAR applications.
Limitation of Liability
DEXSAR shall not be liable to you or any third party for any damages resulting from your displaying, copying, or downloading any material on the site or relating to your content. In no event shall DEXSAR be liable to you or any third party for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages (including loss of data, revenue, profits, use or other economic advantage) however arising even if DEXSAR knows there is a possibility of such damage.
Local Laws; Export Control
DEXSAR controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
General
If you violate these Terms, DEXSAR may terminate your access to the Site, the DEXSAR Application(s) or Restricted Areas without notice. DEXSAR prefers to advise you of your inappropriate behavior and recommend any necessary corrective action. However, certain violations of these Terms, as determined by DEXSAR, will result in immediate termination of your access to the Site, the DEXSAR Application(s) or Restricted Areas. DEXSAR has the right to terminate any password-restricted account for any reason. Virginia law and controlling U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Any disputes relating to these Terms or the Site will be heard in the courts located in Virginia. If any of these Terms is found to be inconsistent with the applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. DEXSAR's failure to enforce any of these Terms is not a waiver of such term. The Terms are the entire agreement between you and DEXSAR and supersede all prior or contemporaneous negotiations, discussions or agreements between you and DEXSAR about the Site.
Additional Terms for Use of the Site with Data Loss Protection
These additional terms and conditions below (these “terms”) apply to your use of the Site, as more completely described below, only if you have entered into an agreement with DEXSAR for Data Loss Protection as part of the Service. When such an agreement is entered into with DEXSAR for the Service, DEXSAR will accept limited liability to guarantee you against data loss for certain losses as specified only within these additional terms. By use of the site and the Service you accept these terms.
Definitions:
“Data Loss Protection” means the your data is protected from unintended loss of data or access by unintended parties that can be shown to be in error through no fault of yours, but through a Glitch, resulting in one or more of the following issues:
a) There was an unintended loss of data during the transmission of the files.
b) The complete contents of a Transmission was not received.
c) One or more files in the Account were corrupted.
d) The Account was accessed by unintended parties without your authorization.
“Transmission” means the single act of sending one or more digital files from one Service Account to one or more Service Accounts. A single act consists of the action of one “drag and drop” or “upload” of a file or group of files to the Service, and specifically to an area of the Service designated to invoke the reception of the file by another Service Account
“Glitch” means a failure in the Service or DEXSAR’s operation of the Service.
“Good Standing” means the Service Account that has been duly authorized by DEXSAR for use to a particular entity, who has accepted and is not in any violation of the terms and conditions thereof, and whose account has no outstanding and past due fees due, and is considered fully operational by the DIGITAL NOW.
“Notification” means the delivery or other presentation of a notification of a Transmission as provided for and configured within user options of a Service Account.
“Receiver” means a Service Account in Good Standing that uses the Service as intended to receive one or more digital files to another Service Account in Good Standing.
“Sender” means a Service Account in Good Standing that uses the Service as intended to send one or more digital files to another Service Account in Good Standing.
“Service Account” means a single registered account in the Service providing Managed File Transfer and Data Protection Services.
Notices
The use of the Service with Data Loss Protection (specifically, data transmission protection) is offered subject to U.S. Patent 7.020,962
Limits of Liability
A. It is the Service Accountholder’s responsibility to prove actual damages. Exposure to and risk of any loss in excess of the data loss protection guarantee is assumed by the Service Accountholder. WE DO NOT PROVIDE INSURANCE COVERAGE OF ANY KIND.
B. Except as limited below or by other agreement for use of the Service, the maximum data loss protection guarantee is US$100,000. Your limit may be lower due to the type of Service Account plan you select during the purchase process. If limits are not established, no liability is assumed by DEXSAR and no data loss protection is provided.
C. Service Accountholders hereby wave and relinquish any claims or court awards for punitive damages.
D. We will not, under any circumstances, provide a data loss protection guarantee for the following:
A. Use of the Service Account for Transmissions between parties of copyrighted, trademarked or patented materials if the transfer of such materials violates any copyright, trademark or patent laws. Any Transmission containing a violating file voids coverage for the entire Transmission.
B. Service Accounts including any illegal or illegally obtained files, or files that if included in a Transmission, represents an illegal transfer.
C. Service Accounts that require the collection of taxes, tariffs, royalties or other payments by the Service or us. The Service will not collect any such fees from any party nor accept responsibility for payment of any such fees to any parties whether involved in the Transmission or not.
D. Failed Service Accounts and Transmissions due to any of the following:
a. Failure of the sending equipment for the Sender (including but not limited to the computer or other Service Account access device, operating system or other required third party software, telecommunications equipment, or related services), or the misuse or incorrect use thereof, not under the direct control of DEXSAR.
b. Failure of the receiving equipment for the Receiver(s) (including but not limited to the computer or other Service Account access device, operating system or other required third party software, telecommunications equipment, or related services), or the misuse or incorrect use thereof, not under the direct control of DEXSAR.
c. Interference to the operation of the Service, regardless of location (including at Sender, Receiver or us) due to third party software or equipment in operation not under our control, including anti-spyware, anti-virus, encryption or other hardware and software that is intended to protect or provide other services to Sender, Receiver or Internet provider and in doing so interferes with the Service.
d. Interference to the operation of the Service, regardless of location (including at Sender, Receiver or us) due to a spike in, surge of, decrease in, disruption of, fluctuation in, or failure of any infrastructure service or utility provided by a third party, including, but not limited to power, water, gas, communications or connectivity.
E. Damages by either party due to the Receiver missing any Notification of the Transmission, whether or not their Notifications were properly configured in the Service Account.
F. Service Accounts and or Transmissions that require the reporting, audit or notification to any third party, whether for legal or regulatory purposes or not. The Service will not report any Transmissions nor accept responsibility for any notification or reporting other than those customary and included as part of the Service with the notification of Transmissions between Sender and Receiver, unless otherwise compelled to do so by a valid court of jurisdiction.
G. Service Accounts and or Transmissions of any files representing pornographic materials, whether or not regulated or illegal.
H. Any use or attempted use of the Service, or Transmissions determined to be sent for the purpose of, or in support of, any illegal act, act of terrorism, insurrection, civil disobedience, or war, fraud or deceit, or in any way, as determined by a valid court of jurisdiction, by or on behalf of the Sender or Receiver.
I. Failure or impairment of Service due to war (whether declared or not), act of terrorism, insurrection, or civil disturbance, or seizure by any agency of government.
J. Use of the Service Account and or Transmission or attempted Transmission, as determined by DEXSAR, to be identified as containing, or suspected of containing, any virus, malware or other material that could be damaging to the Service or the Receiver, including software, equipment and machinery which may be used by us or the Receiver(s).
K. “Additional Exclusions” for Data Loss Protection Guarantee
a. Any loss based solely on sentimental rather than actual value.
b. Any loss for non-material damages including “pain and suffering” or “mental anguish.”
c. Evidence data loss protection guarantee for the Service Account was not provided.
d. Loss, rifling, or damage occurred after delivery outside of the Service.
e. Where the contents of files are photographs or images (e.g., x-rays images, magnetic resonance imaging (MRI) images, computerized axial tomography (CAT) scan prints), the cost of creating or re-creating these items, or the photographer's time and expense in taking the photographs.
f. Perishable contents such as time-sensitive links of access to web sites, downloadable time-limited offers, etc.
g. The sender or addressee failed to cooperate in the completion of required reporting procedure or in providing necessary Service Account access to properly investigate the validity of a loss.
h. Personal time required to replace files.
i. Loss reported after one or more files of the Transmission were deleted from the Service.
j. Loss or damage caused by employees or agents of the sender or addressee.
k. Cost incurred for estimates and appraisals.
l. Transmissions undeliverable as addressed.
m. Software installed onto computers that have been lost or damaged.
n. Personal time used to make the files in the Transmission, such as amateur videos, etc.
Reporting a Data Loss
A. We must receive notice of any loss on a Service Account within 10 calendar days after the recorded date of the event.
B. Notice of loss must be in strict accordance with the data loss reporting procedure as published at www.dexsar.com, which are incorporated by reference to these terms. These terms take precedence over any published data loss reporting procedures which may change from time to time at the sole discretion of DEXSAR. In the event of a conflict between the terms contained herein and those incorporated by reference from published data loss reporting procedures, these terms apply.
C. Your notice of data loss must include complete Service Account information, as well as any audit and e-authentication record information as provided by the Service. Failure to provide us with notice in the manner and within the time limits set forth in paragraphs (A) through (B) will result in denial of your guarantee, and we will have no liability or obligation to pay your guarantee. The filing of a lawsuit does not constitute compliance with these notice provisions.
D. Documentation supporting the amount of your loss must be delivered to us as part of the data loss report. Such documentation must include proof of financial loss and include suitable documentation for the amount of the loss. These documents must be verifiable to our satisfaction.
E. We are not obligated to act on any loss for a Service Account not in Good Standing or a Transmission involving a Service Account not in Good Standing.
F. We reserve the right to inspect the contents of a Service Account for which a claim is filed. The terms and conditions applicable to the original Service Account will govern the disposition of all data loss reports in connection with Service Account.
G. Except in the case of concealed damage, receipt of the Transmission by the Receiver without notification of damage is prima facie evidence that the Transmission was completed without incident.
H. We do not accept claims from any third parties not considered the Sender or Receiver of the Transmission.
I. Only one claim can be filed in connection with an Transmission. Acceptance of payment of a claim shall extinguish any right to recover in connection with that Transmission.
J. When we resolve a reported data loss by paying full value for an Transmission, we reserve the right to purge any residual files and records of the Transmission or about that Transmission from the Service, including Senders’ and/or Receivers’ accounts.
K. FAILURE TO COMPLY WITH ANY OF THE ABOVE CONDITIONS WILL RESULT IN THE DENIAL OF YOUR GUARANTEE.
