1. SERVICE: Managed and Automated PDF Security Services are provided by Drumlin Security Ltd and are designed to enable you ("the Publisher") to distribute your PDF files utilising web-based Services provided by Drumlin Security Ltd for this purpose ("the Service"). You remain the Publisher and are wholly responsible for the content of your publications, and retain all rights to this content. Drumlin Security Ltd do not purchase PDF files for onward publishing but simply act to facilitate your document distribution requirements, providing an infrastructure for content distribution. The Publisher remains responsible for issuing any invoices requested by their customers and for pricing, local and national tax collection and accounting for such payments and taxes, including any Value Added Tax or Sales tax applicable. In proceeding with the use of the Service you agree that you accept these terms in full and have the authority to do so on your own or your corporate entity's behalf.
2. USE: The use of the file conversion and associated software, which provides the technical framework for the Service, is subject to copyright and may not be directly or indirectly copied or content extracted for subset commercial use, other than by the owner or Publisher of the document(s) in question.
3. AVAILABILITY: Service availability is not guaranteed to be 100% but we will use our reasonable efforts to ensure that there is a high level of availability at all times of the day and through every day of the year. The PDF2HTML5 Service is delivered using very high availability Cloud Server technology with dynamically defined resources to meet all anticipated Service demand levels.
4. CONTENT and FILE MANAGEMENT: We reserve the right to refuse to host publications or remove from our hosting facilities publications that breach national or international laws on decency, incitement to violence or other matters deemed unsuitable for publication. You agree to ensure that your publications do not breach copyright or other laws relating to the publication of material. Uploaded PDF files are transferred to our Cloud server via secure https connection and converted to our html5 format and are then the source PDF is deleted. Source PDF files are not retained unless provided to us by the Publisher in a separate manner and at their request. PDF files and their converted HTML5 versions remain the responsibility and property of the Publisher and copyright holder and we confirm that unless so requested by the Publisher in writing we will not otherwise use or distribute their content in any way or format. The File Management facility provided within the Service may provide facilities for managing hosted files, including their deletion and assignment to specific user groups, and for the downloading of zipped versions of the converted document. Downloaded zip files may be extracted and displayed by the Publisher on their own systems, and the Publisher remains entirely responsible for the content and security of such downloaded files. To aid this security publishers are recommended to ensure their PDFs are protected by both static and dynamic (user specific) watermarking and copyright notices. Total storage allowances are for the converted files and zipped filesets and not for the source PDFs, which are deleted after conversion. Additional storage allocations can be provided by special arrangement subject to additional charges.
6. WARRANTY: The Publisher represents that it has the expertise to evaluate the suitability of the Service for their own requirements and has the necessary skill and judgement to undertake testing of the said Service. The Service is provided "as is" without warranty or condition of any kind either express or implied including without limitation any implied warranties or conditions of merchantability or fitness for a particular purpose or durability. We do not warrant that the Service will be error free or that use of the Service will meet the Publisher's or any end user's needs. Publishers wishing to provide secured PDF files must ensure for themselves that they are completely satisfied with the level of security and functionality provided in the software and associated Service, for each release or update of these facilities, recognizing that HTML5 is an open and public standard and as such only provides a limited degree of security. For higher levels of security use of our offline PDF security software and DRM service is recommended. The liability to a Publisher for the failure of the Service to satisfy such warranties will be limited to a return of the amount paid by the Publisher, if any, during the previous three months of Service provision. The Publisher hereby agrees that Drumlin Security Ltd and its employees, representatives, agents, directors and advisors are released from any personal or corporate liability in connection with the use by the Publisher, the Publisher's customers, agents, affiliates or any other person or corporate entity from any liability in respect of the use or misuse of the Service.
7. DISPUTE RESOLUTION: Any dispute in respect of these Service Terms must be notified to the other party in writing and may only be pursued if the other party has failed to provide a prompt and effective remedy, having full consideration of the terms of the Service. Unless otherwise agreed any unresolved dispute must be referred to an independent arbitrator in the UK appointed by Drumlin Security Ltd whose decision shall be binding on the parties.
8. TERMINATION: Either party can terminate this agreement without notice. Any outstanding payments due to the other party at the time of termination must be paid in full within 5 working days. Failure by the Publisher to make payments for the Service on the agreed subscription level at the time and for the amount due at that time will result in the Service access being suspended after 5 days and in due course Service access and content may be removed by Drumlin Security Ltd. Monthly and/or Annual payments must be made without delay, either by PayPal, Worldpay or Bank transfer, as agreed between the Publisher and Drumlin Security Ltd.
9. LAW: This Agreement shall be interpreted according to the Laws of England and the parties agree to the exclusive jurisdiction of the English courts.
Updated: 28th October 2017