Re: Why do so many people use Sendspace and what is so great about it?
Third, and as a really major point, note that the hosting on sendspace is perminant. No download limits, no restrictions ...
This is not correct.
Read Sendspace\s Terms of Service, Privacy Policy and DMCA Policy.
5.4.1 DMCA Compliance
Although Sendspace is not a United States registered entity, and does not assent to, nor submit to jurisdiction in the United States, Sendspace seeks to
protect and enforce the rights of copyright holders around the world. Therefore, Sendspace seeks to comply with the Digital Millennium Copyright Act of
the United States, 17 U.S.C. § 512 (“DMCA”) and its take down provisions. Any users of this web site who are designated by Sendspace as repeat infringers
of the DMCA will be denied access to the Site in the future, in accordance with Sendspace's DMCA Policy.
Sendspace, in its sole and absolute discretion, may take any reasonably necessary measures to terminate or prevent access users who infringe the intellectual
property rights of others. Sendspace reserves the right to remove, delete, or deny access to materials, data, or files which Sendspace, in good faith,
has determined to be infringing material.
...
5.5.1 Fair Use Policy
Although we offer unlimited uploading, Sendspace should not be used for file storage. We reserve the right to restrict or deny service to members who use
a disproportionate amount of storage resources, to the detriment of other users.
A Pro account offers our customers the flexibility of unlimited ad-free personal downloads per month, however, in order to provide a fast and reliable
service to all our customers, this feature is subject to our Fair Usage Policy.
We will only impose a limit on the use of Pro for personal downloading to prevent unusual use and abuse. If a customer regularly downloads in excess of
normal levels of consumer consumption, for example, 250GB per month, we may do one or both of the following:
(a) ask you to moderate your use;
(b) if the customer does not modify their usage but continues to exceed the normal level, we may suspend or terminate the customer's account.
Users who are deemed to be 'abusers', in Sendspace's sole discretion, will be notified prior to suspension or termination of their accounts, however, Sendspace
reserves the right to terminate or suspend such accounts without prior notice.
...
So Sendspace is marketing its service as unlimited but in small print imposes a fair use policy.
In my jurisdiction, such a practice is deceptive marketing.
If a service is sold as unlimited, such a description is legally binding.
Also Sendspace reserves the right in its sole discretion to block any content merely on account of a DMCA notice.
URL: http://forum.audiogames.net/viewtopic.php?pid=177955#p177955
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