FreeQuickwire

1. ACCEPTANCE OF TERMS
Welcome to www.FreeQuickWire.com™. These FreeQuickWire.com Terms of Service (this "Agreement") sets forth the terms and conditions governing your use of the FreeQuickWire.com Service ("FreeQuickWire.com"), which is offered for your personal information and use. Your submission of information to be temporarily stored and forwarded by, and your access and use of, FreeQuickWire.com is subject to this Agreement. This Agreement is between you and the owner or authorized licensor of FREEQUICKWIRE.com (“FQW-Authority” or FREEQUICKWIRE) and the FQW-Authority may rely on and enforce this Agreement. Please read it carefully. By submitting information to FreeQuickWire.com and/or accessing and browsing FreeQuickWire.com, you accept and agree to abide by, without limitation or qualification, this Agreement. If you do not agree to be bound by this Agreement you may not use FreeQuickWire.com, or access this web site.

2. OVERVIEW OF SERVICE
FreeQuickWire.com provides a fully automated online data transmission service based on a stand-alone computer platform running executable software 24/7. The service does not engage human operators other than required to provide basic operating conditions and internet connectivity needs as provided through a data center. FreeQuickWire.com is available to the public world wide to facilitate formatted transmission of data provided by you the sender that is intended for transmission to a recipient of your choice. The FreeQuickWire computer does not maintain records about your FREEQUICKWIRE.com usage. FREEQUICKWIRE.com is NOT a bank or financial institution nor in any way affiliated with financial networks and does NOT provide financial and/or fund transfer services. Note: Your Funds are never transmitted, stored or in any way under control of FREEQUICKWIRE.COM.

3. LICENSE AND SITE ACCESS
FREEQUICKWIRE.COM grants you a limited license to access and make personal use of the FreeQuickWire.com services, the FreeQuickWire.com web sites, and any and all associated software. You may not download (other than page caching) or modify any of the FreeQuickWire.com web pages, any software owned by or licensed to FREEQUICKWIRE.com or any of its affiliates, or any portion thereof, except with the express written consent of the FREEQUICKWIRE.com. This license does not include any right of resale or commercial use of FreeQuickWire.com, or any associated software; any collection and use of any product or service listings, descriptions, or prices; any derivative use of the FreeQuickWire.com web sites, or associated software; or any use of data mining, robots, or similar data gathering and extraction tools. You may not reproduce, duplicate, copy, sell, resell or otherwise exploit FreeQuickWire.com, the FreeQuickWire.com web site, any associated software, and/or any portion thereof for any commercial purpose, without the express written consent of FREEQUICKWIRE.com. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of FREEQUICKWIRE.com and its affiliates without the express written consent of FREEQUICKWIRE.com. You may not use any meta-tags or any other "hidden text" utilizing FREEQUICKWIRE's name or trademarks without the express written consent of the FQW-Authority. Any unauthorized use terminates the permission or license granted by the FQW-Authority. You may not use any FREEQUICKWIRE logo or other proprietary graphic or trademark as part of the link without express written permission from the FQW-Authority. You agree to use FreeQuickWire.com only for bona fide and lawful purposes. You may not use FreeQuickWire.com to conduct gambling or other illegal activities. Subject to the enforcement limitations imposed by an in general unrestricted internet access and use of the Freequickwire.com website, FREEQUICKWIRE.com has the right to use its best efforts to block your FREEQUICKWIRE.com use in its sole and absolute discretion, if the the FQW-Authority believes that you are using FreeQuickWire.com for any illegal or improper purposes, and you agree that FREEQUICKWIRE.com will not be held responsible or liable to you or any other person for such attempts to interfere with your use and refusal to process any data submission.

4. ELIGIBLE USERS
In order to use FreeQuickWire.com,

You must be an individual person at least 18 years of age and able to form legally binding contracts under applicable law;
You must have a valid and active e-mail address to which you have authorized access per the Terms of Service of the email service provider;
You must be authorized to use and enter the information and data you submit for delivery by FreeQuickWire.com.

5. CONSENT TO ELECTRONIC COMMUNICATIONS

General Consent. You understand and agree that this Agreement will be entered into electronically, and that the following categories of information ("Communications") may be provided by electronic means:
- this Agreement and any amendments, modifications or supplements to it,
- any disclosures or notices in connection with FreeQuickWire.com, including, without limitation, those required by law,
- any customer service communications, including without limitation communications with respect to claims of error or unauthorized use of FreeQuickWire.com, and although FREEQUICKWIRE.com reserves the right to provide Communications in paper format at any time, you agree that FREEQUICKWIRE.com is under no obligation to do so. All Communications in either electronic or paper format will be considered to be "in writing." You should print a paper copy of this Agreement and any electronic Communication that is important to you and retain the copy for your records. If you do not wish to receive this Agreement or the Communications electronically, you may not use the FreeQuickWire.com service.
How to Withdraw Consent. If you have started using FreeQuickWire.com and you wish to withdraw your consent to have Communications provided in electronic form, you must stop using FreeQuickWire.com. There are no fees associated with stopping use of FreeQuickWire.com.
How to Update Your Records. Your records and user data are maintained under your sole control using applicable software running on your computer.
Delivery of Electronic Communications. Communications are delivered via email using your valid email account or may be transmitted by the FreeQuickWire.com web service directly to your FreeQuickWire.com -enabled client software. All electronic Communications will be deemed to have been received by you no later than five (5) business days after the FQW-Authority sends it to you by e-mail or posts the Communication on your FreeQuickWire.com enabled client, whether or not you have received the e-mail or retrieved the Communication. An electronic Communication by e-mail is considered to be sent at the time when it is directed by FREEQUICKWIRE.com's e-mail server to the applicable e-mail address. An electronic Communication via the FreeQuickWire.com enabled client is considered to be sent at the time it is made available on the web service platform. You agree that these are reasonable procedures for sending and receiving electronic Communications.
Hardware and Software Requirements. In order to access and retain Communications, you must have:
- An Internet browser that supports 128-bit encryption, such as Netscape Navigator version 4.0 or above or Internet Explorer version 4.0 or above or FireFox, etc.
- An e-mail account and e-mail software capable of interfacing with FREEQUICKWIRE Mail.
- A personal computer, operating system, and telecommunications connections to the Internet capable of supporting the foregoing.
- Sufficient electronic storage capacity on your computer's hard drive or other data storage unit.
- A printer that is capable of printing from your browser, e-mail software and the FREEQUICKWIRE.com Messenger software.

6. USING FREEQUICKWIRE.COM SERVICE
FREEQUICKWIRE.com is for FREE public use world wide and does not require a membership account. Changes to the website and scope of service are in sole discretion of the FQW-Authority. To help the service gain far-reaching popularity and until further notice FREEQUICKWIRE.COM is operated effectively as a not for profit service. Customer service related to Freequickwire.com is provided via computer software generated e-mail messaging only. ????Computer generated Customer service email addresses frequently asked questions and user needs in order of priority as determined by the FQW-Authority in its sole discretion.

7. ON TIME TRANSMISSION
FreeQuickWire.com has no information about how the information entered by its users to create documents has been acquired and will be used by the recipients of the data. FreeQuickWire.com does not handle any funds on behalf of its users and does not make any guarantees regarding on-time transmission of data.

8. LIMITATION ON TRANSACTIONS
There are no pre-set limitations to any authorized use of FreeQuickWire.com as long as they are law abiding and in accordance with the subject terms of use.

9. ENTERING AND DELIVERING DATA
You can deliver data by entering the required information into the FreeQuickWire.com provided software. You consent to have your name and e-mail address provided to each recipient to whom you send data. Once you submit data, you also cause an e-mail to be sent to your designated recipient notifying the recipient that the data has been sent by FreeQuickWire.com and is ready to print by the recipient. The recipient can print out the document after installing the FreeQuickWire Messenger software, which provides security features, real-time notification and ensures accurate data positioning on the document. Once the Recipient prints the data you will receive prompt e-mail confirmation, unless you disable this feature. You agree that the FQW-Authority will not be responsible or liable in any manner for any claims you may have, or any claims made against you by any person, arising out of any dispute you may have with a recipient. The sender is solely responsible for ensuring that the data has been addressed to the correct recipient at the correct e-mail address. DO NOT SEND DATA IF YOU ARE UNSURE OF THE RECIPIENT'S E-MAIL ADDRESS or NAME. If you are concerned or unsure you should e-mail a question to the e-mail address of the intended recipient. The recipient’s response is transmitted back to the sender, who then has the opportunity to confirm or cancel the data transmission.

10. RECEIVING DATA
After a recipient receives e-mail notification that data is available, he or she will access the FreeQuickWire.com web service and print the FreeQuickWire.com delivered data using any Windows compatible printer. If the recipient has never printed data from FREEQUICKWIRE.com he or she will be prompted to install the FreeQuickWire Messenger software on his or her computer following the instructions of the set-up Wizard. Data available for print will be listed in the Summary Page for received data. If the data concern documents, which are subject to compliance requirements, the recipient MUST use appropriate paper and compliant toner/ink to print such documents. Note: Some Institutions may delay, assess fees or reject incompliant documents printed on non-compliant paper forms or without appropriate ink/toner. It is therefore mandatory to acquire compliant blank paper as available from most computer and office supply stores or directly from the Internet. If you are a recipient, you assume all liability and risk in accepting and printing compliance documents with data from a sender, including but not limited to any liability or risk that (i) the sender improperly funded or misdirected the data, (ii) you may have to return the document you printed to the sender for any reason, (iii) you may later be legally required to turn the document over to a court or another person, or (iv) the document was illegally made out. You agree that you will not hold the FQW-Authority responsible or liable for any losses or damages suffered by you in accepting and printing any data for the purpose of causing a financial institution to deposit funds.

11. CANCELING UNPRINTED DATA – RECIPIENT REFUSAL
If a recipient decides not to accept your data for print, the sender will be notified by e-mail and the data transmission will be canceled. With the QuickWire Messenger software recipients are provided the option to permanently refuse data transmitted by a particular sender or a group of senders (“Restricted Sender List”). You are hereby reminded that data sending discipline is highly recommended to avoid recipient restriction in order to protect the integrity of your reputation as a FreeQuickWire user. FreeQuickWire may, in its sole and absolute discretion, use its best efforts to terminate manually or automatically, use of any FreeQuickWire.com email address that may appear frequently in Restricted Sender Lists of FreeQuickWire users.

12. CANCELING DATA TRANSFERS
You can cancel delivery of data if, and only if, the recipient has not yet printed the data at its location or if the data has not yet been transmitted using the FreeQuickWire.com system. To cancel delivery of data that has not yet been printed, you must open your confirmation email associated with the transaction and click on the “cancel data transmission” link. If you are using a QuickWire.com enabled client software, cancellation can be initiated by using the cancel transaction feature. Data cancellations are effective usually at the time you enter the request at the FreeQuickWire.com. FREEQUICKWIRE will not be responsible or liable in any manner to you or any other person for its failure for any reason to cancel one or more Data transmissions.

13. RECORDS OF FREEQUICKWIRE.COM TRANSACTIONS
Records of data transmissions involving FREEQUICKWIRE.com are accessible through your email account or the FreeQuickWire client software. The FreeQuickWire.com computer does not store transaction information after data transmission has occurred and provides no web page based database access facility.

14. REQUESTS FOR DATA
Subject to availability, you can use FreeQuickWire.com to request data deliveries from individuals or groups. You may only request data for valid and lawful purposes, and should have a pre-existing relationship with each person from whom you request data. You may not use the feature to transmit any "junk mail," "spam," "chain letters," or "pyramid schemes", or to conduct any gambling or other illegal activities. FREEQUICKWIRE.com makes no representations or warranties of any kind regarding any requests for data that are transmitted through FreeQuickWire.com.

15. YOUR OBLIGATION TO PROVIDE COMPLETE AND ACCURATE INFORMATION
You represent and warrant that all information you provide to FREEQUICKWIRE in connection with FreeQuickWire.com, including but not limited to all data entered in connection with any data delivery and associated transactions, will be complete and accurate in all respects. IF YOU PROVIDE FALSE INFORMATION, YOUR FREEQUICKWIRE.COM USE IS IN BREACH WITH THIS AGREEMENT AND YOU MAY BE SUBJECT TO CIVIL AND CRIMINAL PENALTIES.

16. YOUR REPRESENTATIONS REGARDING DATA
You represent and warrant in connection with each data transmission that (a) the data, including the name and e-mail address of the recipient, is accurate, (b) the transaction is lawful and authorized.

17. BUSINESS DAYS
Some provisions of this Agreement make reference to "business days." For purposes of those provisions, FreeQuickWire.com "business days" are Monday through Friday, excluding federal holidays. However, FreeQuickWire.com is available on-line even on days that are not business days.

18. IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR DATA DELIVERY
Write to FreeQuickWire.com Customer Service at CONTACT@FREEQUICKWIRE.COM as soon as you can, if you think an error in the data delivery process may have occurred. In your communication:

provide the Customer Service system your name and email address associated with FreeQuickWire.com
describe the error, and explain as clearly as you can why you believe it is an error or why you need more information
to protect privacy and sensitive identity information, in no event will FreeQuickWire.com request any government issued identification numbers or password.

19. PASSWORD PROTECTION
Freequickwire.com service does not require the use of user name and password. However, in the event you setup a password to access personal data - not transaction data - stored in your discretion, you agree not to divulge your password to any unauthorized person(s), and you agree not to use another person's FreeQuickWire.com user name or password without proper authorization. You agree FREEQUICKWIRE.com shall not have any responsibility or liability to you or any other person for any losses or damages which you or anyone else may suffer if you disclose your password to any other person, including any losses or damages arising out of the disclosure of this information by the recipient to another person.

20. YOUR LIABILITY FOR LOST OR STOLEN PASSWORDS
If you believe that your password has been lost, stolen or compromised in any way or that someone has initiated or may initiate a data transmission without your permission immediately contact and warn anyone who could be contacted fraudulently in your name.

21. INDEMNIFICATION
You agree to indemnify and hold FREEQUICKWIRE.com, its subsidiaries, affiliates, directors, officers, shareholders, employees, agents, suppliers and subcontractors harmless from any claim or demand, including but not limited to reasonable attorney's fees, made by any third party arising out of or in connection with your use of FreeQuickWire.com.

22. TERMINATION
FreeQuickWire.com understands that unrestricted user access to uncontrolled setup of new email accounts by third party internet providers limits its ability to enforce termination of its free, no-membership, email-based service to otherwise anonymous internet users. However, the FQW-Authority notwithstanding puts you on notice that you are in material breach with its terms of use and will use its best efforts and without liability to you, undertake to terminate or suspend your ability to use FreeQuickWire.com, if:

you attempt to transmit data without proper authorization
you use FreeQuickWire.com, directly or indirectly, for any unlawful or improper purpose;
you provide incorrect, false, or deceptive information about yourself or about a recipient;
you use or attempt to use FreeQuickWire.com for tampering, hacking, modifying or otherwise corrupting the security or functionality of FreeQuickWire.com or any other website;
FREEQUICKWIRE receives conflicting claims and complaints regarding your FreeQuickWire.com use;
FREEQUICKWIRE receives a garnishment, levy or other legal process associated with your use of FreeQuickWire.com
you have breached any representation or warranty, term or condition of this Agreement.

23. SYSTEM MALFUNCTIONS
FREEQUICKWIRE.com is not liable for any loss resulting using the FreeQuickWire.com platform, including without limitation the failure of electronic or mechanical equipment or communication lines, telephone or other interconnection problems, computer viruses, "hacking," unauthorized access, theft, operator error, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars or government restrictions, or for any information lost due to malfunction or loss of any e-mail systems.

24. COPYRIGHTS AND TRADEMARKS
All of the material on FreeQuickWire.com, whether graphical, textual, audio, video, computer code, or software, or a combination thereof, is protected by copyrights which are owned by the FQW-Authority, by third parties who have licensed their material to FREEQUICKWIRE.com, or by advertisers on www.FreeQuickWire.com, and may not be copied, modified, reproduced, republished, posted, transmitted or distributed in any way without express written permission from FREEQUICKWIRE. All contents of the FreeQuickWire.com web sites are copyrighted under: Copyright © 2007-2009 FREEQUICKWIRE. All Rights Reserved. The name FreeQuickWire.com™, and the names of other FREEQUICKWIRE products and services referenced herein are trademarks owned or licensed by the FQW-Authority.

25. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE AND UNDERSTAND THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FREEQUICKWIRE.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

26. LIABILITY; LIMITATIONS
FREEQUICKWIRE.com does not provide fund transfer services and shall have no liability with respect thereto. YOU EXPRESSLY UNDERSTAND AND AGREE THAT FREEQUICKWIRE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF FREEQUICKWIRE.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

27. CHANGES TO THIS AGREEMENT
This Agreement may be modified or amended by the FQW-Authority from time to time without notice, except as may be required by law. You can review the most current version of this Agreement at any time at: HTTP://WWW.FREEQUICKWIRE.COM/WEB//TERMSOFUSE.ASPX. You may terminate your use of FreeQuickWire.com if you do not agree with any modification or amendment. If you use FreeQuickWire.com after notice of an amendment or modification is made available to you, you will be deemed to have accepted that amendment or modification.

28. USE OF INFORMATION AND DISCLOSURE TO OTHERS
You agree that any information about you, your transactions or your accounts that you provide or that the FREEQUICKWIRE.com server receives in connection with FreeQuickWire.com will be used and treated in compliance with the PRIVACY posting on FreeQuickWire.com, which describe FREEQUICKWIRE.com's policies regarding disclosure and use of such information.

29. FEES
Until further notice FreeQuickWire.com is operated under not for profit terms, without advertising and FREE of charge to both sender and recipient of transmitted data. Freequickwire.com reserves the right to make changes to its service model at any time and accept advertising on its site or require users to subscribe to a fee based plan.

30. RECIPIENT DATA PRINTING REQUIREMENTS
In the event recipients use transmitted data to print documents which require compliant formatting and output (e.g. government forms, financial forms, prescriptions, labels, payment forms etc.), FreeQuickWire.com requires that only compliant ink and toner be used along with appropriate blank document form paper. FreeQuickWire.com may provide a source listing for compliant printing supplies on its website and via email communication at its sole discretion.

31. ASSIGNMENT
You may not assign this Agreement to any other party. FREEQUICKWIRE.com may assign this Agreement, or delegate certain of its rights and responsibilities under this Agreement to third parties without notice to you.

32. NO WAIVER
FREEQUICKWIRE.com shall not be deemed to have waived any of its rights or remedies under this Agreement unless such waiver is in writing and is signed by the party alleged to have made the waiver. Any delay or failure of FREEQUICKWIRE to exercise or enforce any right or remedy in connection with this Agreement shall not constitute a waiver of such right or remedy or any other rights or remedies. A waiver on any occasion shall not be construed as a waiver of any rights or remedies on any other occasion.

33. GENERAL INFORMATION
This Agreement constitutes the entire agreement between you and the FQW-Authority regarding the use of FreeQuickWire.com, and supercedes any prior agreements between you and FREEQUICKWIRE to the extent that they might otherwise apply to FreeQuickWire.com. Otherwise, any such other agreements remain in full effect in accordance with their terms. You may also be subject to additional terms and conditions that may apply when you use related services or third-party software. You agree to submit to the jurisdiction of the courts located in Frankfurt/Main, Germany. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in this provision, and the other provisions of this Agreement shall remain in full force and effect. You agree that any claim or cause of action arising out of or related to the use of the FreeQuickWire.com service or this Agreement must be filed within one (1) year after such claim or cause of action arose or it will be forever barred, notwithstanding any statute or law to the contrary.

34. GOVERNING LAW & VENUE
The governing law of this agreement is based on the laws of the state in which the FQW-Authority is registered - Germany. Disputes and suites must be filed and settled in the state and place of business in which the FQW-Authority is registered.
For inquiries please contact:

Weidmann Wahl Amin & Partner
Rechtsanwälte & Notare
Bahnhofstr. 50
65185 Wiebaden
Tel. +49-0611-39921
Fax +49-0611-39925

By accepting these terms, you also agree that disclosure of your FREEQUICKWIRE.com use is governed by PRIVACY POSTING ON FREEQUICKWIRE.COM web site, and you also hereby accept that privacy policy.

FreeQuickWire.com End User License Agreement (Terms of Use)