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FileBuck - Sharing Files Never was This Easy! Terms & Conditions
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PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
1. Eligibility for Filebuck.com Services.
Our Services are available only to individuals and business entities (including but not limited to sole proprietorships) in good legal standing that can form legally binding contracts and are entitled to subscribe to and access our services under applicable law. We have a list of jurisdictions that we currently do not serve, such as Hong Kong. Customer hereby represents and warrants that it is duly licensed to do business and is in good legal standing in the jurisdictions in which it does business (during the term of this Agreement) that it is not a competitor of Filebuck.com, and that the person agreeing to this Agreement for Customer is at least eighteen years of age and otherwise capable of and authorized to enter binding contracts for Customer.
2. Filebuck.com Services
Subject to the terms and conditions of this Agreement, Filebuck.com makes certain Services available to Customer. For the purposes of this Agreement: (a) "Customer" (or "you") means the individual or business entity that is using or registering to use the Services, including its employees and agents; (b) Filebuck.com"Services" means those electronic or interactive services offered by Filebuck.com. Filebuck.com Online reserves the right to change or discontinue any of the Services at any time.
3. Ownership
You acknowledge that all materials (except those uploaded by users) provided on our websites, including but not limited to information, documents, products, logos, graphics, sounds, GUI, software, and services (collectively "Materials"), are provided either by Filebuck.com or by their respective third party authors, developers and vendors (collectively "Third Party Providers") and the underlying intellectual property rights are owned by Filebuck.com and/or its Third Party Providers. Elements of our websites are protected by trade dress and other laws and may not be copied or imitated in whole or in part. Filebuck.com, the Filebuck.com logo and other Filebuck.com products referenced herein are trademarks of Filebuck.com, and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.
4. Customer Information
Customer represents and warrants that the information it provides in Filebuck.com contact information forms is true, accurate, current and complete. Customer agrees to maintain and update this information to ensure that it is true, accurate, current and complete. If, at any time, any information provided by Customer is untrue, inaccurate, not current or incomplete, Filebuck.com will have the right to suspend, restrict or terminate Customer's account and this Agreement.
5. Customer Account
5.1 Authorized Users
Customer may designate persons to act as its agents to use the Services, provided that each designated person has the legal capacity to enter into binding contracts for Customer. Furthermore, Customer represents and warrants that each person who registers under Customer's account is an authorized agent of Customer (an "Authorized User") who has such legal capacity.
5.2 Responsibility for Access
Customer is solely responsible and liable for any and all access to and use of the Services (including all activities and transactions) by any Authorized User and/or User ID registered under Customer's account, unless such access to or use of the Services is the direct result solely of the gross negligence of Filebuck.com. It is Customer's responsibility, through its systems administrator Authorized User, to set the appropriate access for each of Customer's Authorized Users..
5.3 Responsibility for User IDs and Passwords
Customer is solely responsible for maintaining the confidentiality of Customer access information, i.e. account ID's and passwords of its Authorized Users, and are responsible for all activities that occur under your account.
5.4 Notification of Unauthorized Use
Customer will immediately notify Filebuck.com if Customer notices any activity indicating that Customer's account or data is being used without authorization, including: (a) Customer has received confirmation of an order or orders placed using Customer's account which Customer did not place or any similar conflicting report; or (b) Customer becomes aware of any unauthorized use of any product or service related to its account(s).
6. Customer Data
Customer has sole responsibility and liability for the data its stores on Filebuck.com's servers. Customer controls its data through its generated link. Filebuck.com encourages Customer to archive its data regularly and frequently; Customer bears full responsibility for archiving its data and sole liability for any lost or irrecoverable data. Customer agrees to maintain its data in compliance with its legal obligations. Filebuck.com will delete Customer data upon termination of this Agreement. However, Filebuck.com may retain Customer data in its archives after deletion and will not be liable to Customer in any way for such retained data.
6.1 Special Circumstances
Filebuck.com will provide access to the Services and Customer's data to an agent of Customer ("Authorized Agent") who provides Filebuck.com with a notarized letter signed by an officer of Customer which letter shall include statements of authenticity, authority, and liability as required by Filebuck.com in its sole discretion. Customer expressly and irrevocably agrees that Filebuck.com may rely on such a letter and on the apparent authority of the person requesting access to the Services or to Customer's account. In no event will Filebuck.com be liable to Customer or any third party for Filebuck.com's reliance on such letter or such apparent authority.
8. Acceptable Use
You agree to not use Filebuck.com's Service to:
a. upload, post, e-mail, transmit or otherwise make available any Content that spreads messages of terror or depicts torture or death-gui; if serious enough, the content will be reported to the appropriate legal authority and/or the member's Internet Service Provider ("ISP") will be contacted;
b. harm minors in any way, this includes any form of child pornography; if serious enough, the content will be reported to the appropriate legal authority and/or the member's ISP will be contacted;
c. upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
d. send Unsolicited Bulk Email ("spam"). The sending of any form of spam through Filebuck.com's servers is prohibited. Likewise, the sending of spam from another service provider advertising a website, email address or utilizing any resource hosted on Filebuck.com's servers, is prohibited. Filebuck.com accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another ISP where those messages violate this policy or that of the other provider;
e. advertise, transmit, or otherwise make available or using any software, program, product, or service that is designed to violate the terms and conditions of this Agreement or the acceptable use policy of any other ISP, which includes, but is not limited to, the facilitation of the means to send spam, initiation of pinging, flooding, mail-bombing, denial of service attacks;
f. forward Internet users to any website that, if such website were provided by Filebuck.com, would violate the provisions of this Agreement;
g. provide anonymity to activities which are unlawful, fraudulent, or violate the intellectual property rights of a third party;
h. knowingly or recklessly permit others to use the Filebuck.com service : (i) for any unlawful, invasive, infringing, defamatory, or fraudulent purpose; (ii) to alter, steal, corrupt, disable, destroy, trespass or violate any security or encryption of any computer file, database or network; (iii) so as to materially interfere with the use of Filebuck.com's network by other customers or authorized users; (iv) in violation of the applicable acceptable use policies of Filebuck.com's backbone providers, provided you have notice of such policies or such policies are publicly available on such backbone providers' websites; or (v) in a manner which, in Filebuck.com opinion, is inconsistent with the generally accepted rules of internet etiquette and conduct;
i. attempt to gain access to any account or computer resource not belonging to you without authorization from the owner (e.g., hacking);
j. obtain or attempt to obtain service by any means or device with intent to avoid payment;
k. engage in any activities that do or are designed to harass, or that will cause a denial-of-service (e.g., synchronized number sequence attacks) to any other user whether on the Filebuck.com network or on another ISP's network;
l. interfere with the use or enjoyment of the Filebuck.com network or other services by other customers or authorized users. This shall include excessive use of services which impair the fair use of other Filebuck.com customers;
m. hold Filebuck.com, its suppliers, officers, directors, employees, agents, affiliates or shareholders up to public scorn, ridicule, or defamation;
n. impersonate any person or entity, including, but not limited to, a Filebuck.com official, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
o. import any parallel imported copies of copyright works or use any parallel imported copies for the purpose of sale, hire, distribution or otherwise for profit or reward; and / or
p. import of possess any parallel imported copies of copyright work such as movies, television dramas, musical sound recordings or musical visual recordings for playing or showing in public, including but not limited to karaoke establishment, restaurant, shop, etc.
8.1 Illegality/Adult Content
Filebuck.com neither sanctions nor permits site content or the transmission of data that contains illegal or obscene material or fosters or promotes illegal activity, including but not limited to, gambling, the offering for sale of illegal weapons, and the promotion or publication of any material that may violate hate crimes legislation.
Filebuck.com reserves the right to immediately suspend, restrict or terminate any account or transmission that violates this policy, without prior notice.
Further, should Customer violate this policy, Filebuck.com will actively assist and cooperate with law enforcement agencies and government authorities in collecting and tendering information about Customer, Customer's site, the illegal or obscene content, and those persons that may have inappropriately accessed, acquired, or used the illegal or obscene content.
8.2 Wrongful Conduct
Customer shall not commit or permit wrongful or damaging acts which justify civil action including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent or intentionally inflicting emotional distress.
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