version 08/02
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 an Encapsulate Technology service (you or your), you agree to the Agreement. You agree the Agreement is a binding contract between you and Encapsulate Technology. ("Encapsulate Technology"), the company that owns and operates the BigRedFile 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 Encapsulate Technology has agreed to provide you the Service. You agree that Encapsulate Technology 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 Encapsulate Technology otherwise notifies you of such amended or modified terms. You agree that, if you use the Site and/or the Service after Encapsulate Technology 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 Users personal, non-commercial uses.
2. The Service. The BigRedFile service is a computer file transfer and storage service offered by Encapsulate Technology 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 an Encapsulate Technology BigRedFile, who is 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 Encapsulate Technology. 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 Encapsulate Technology elects to provide to Paid Users generally (collectively, the Support Services). Support Services are only provided during Encapsulate Technologies regular business hours and exclude weekends and Encapsulate Technology holidays. Encapsulate Technology 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. Encapsulate Technology 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 Encapsulate Technology, 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 Encapsulate Technology the fees and other charges and expenses as described on the Site for the applicable Services. Encapsulate Technology 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 Encapsulate Technology performing the Service, but if Encapsulate Technology 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 Encapsulate Technology. 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 Encapsulate Technology, 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 Encapsulate Technology 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 Users 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 Encapsulate Technology 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 Encapsulate Technology of the change, Encapsulate Technology has the right to take appropriate action to protect its interests. In return, Encapsulate Technology 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 Encapsulate Technology. You agree that Encapsulate Technology 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 Encapsulate Technology to monitor your activities to insure compliance with any UK or local laws or regulations, although Encapsulate Technology 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. Encapsulate Technology is not responsible for the content of other persons (including, without limitation, Viruses or content available through links). Encapsulate Technology does not have an obligation to monitor your activities, your content, or the content of other person, although Encapsulate Technology reserves the right to do so in its sole discretion. Encapsulate Technology may take any action with respect to your activities, your content, or the content of any other person as Encapsulate Technology 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 Encapsulate Technology or any person or preserve any of the foregoing from liability, or (6) exercise any other right or remedy available to Encapsulate Technology.
(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. Encapsulate Technology 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. Encapsulate Technology, in its sole discretion, may disclose any information about you, your account, or your activities regarding the Service that Encapsulate Technology 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 Encapsulate Technology cannot guarantee complete privacy with regard to the files you transmit over the Service. You agree that Encapsulate Technology has no responsibility or liability for the deletion, corruption, or failure to store any data stored or transmitted by the Service. You understand that Encapsulate Technology 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. Fair Use Policy To make the most of your bigredfile area, we encourage you to use the services as much as you like. To help us meet our commitment to you and other customers, we also ask that you use the services fairly. Our take on fair use limits is set out below.
Please remember that the bigredfile services are for your personal or business use only and do not include the usage for Spam mail and using your permissible monthly data limit to continuously store amounts of data in your storage area.
Once again Encapsulate technology reserve the rights to terminate your account at any point, with no pre warning or reason required.
A "month" is calculated from the start of each of your monthly billing periods. The following fair use limits are all separate and there is no double counting between them.
7. Fair Use Limit
Home Users (£5.95 & £9.95 per month) - 20GB Total storage capacity
Business Users Tariff 1 (£15.95 - £25.95) - 70GB Total storage capacity
Business Users Tariff 2 (£35.95 and upwards) - 100GB Total storage capacity
We will let you know by email and other alerts once you have reached the fair use limit and ask you to cease using the included data services for the remainder of the month. If you continue to use the services we may suspend your data usage until the next month.