|
This Service Agreement (the "Agreement") describes the terms and conditions on which ("we" or "our company") offer services to you ("Customer" or "You").
By registering for or using services, Customer agrees to be bound by the following terms and conditions.
1. Eligibility for 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 under applicable law. 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, 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. Services
Subject to the terms and conditions of this Agreement, 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. "Services" means those electronic or interactive services offered by . Online reserves the right to change or discontinue any of the Services at any time. You may upload on the Services, Content created by you or for which you have received express permission from the owner so that other users may view and download said Content. You assume all risk and liability for the Content you upload. You grant, transfer and assign to and its successors, assigns and licensees, FOR THE SOLE PURPOSE of enabling us to make your Content available through the Service, a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, and archive (if applicable) the Content. You, not, are solely responsible for the Content you upload and store on servers. You bear full responsibility and sole liability for any lost or irrecoverable data. You understand and agree that reserves the right to delete, move, and archive (including account information) or edit any Content that it may determine violates this Agreement, its Intellectual Property Policy or is otherwise unacceptable and may terminate your access to the Services, without prior notice and at its sole discretion. You understand that you may be exposed to offending Content and waive your right to any damages.
3. Ownership
You acknowledge that all materials (except those uploaded by users) provided on this Website, including but not limited to information, documents, products, logos, graphics, sounds, software and services (collectively "Materials"), are provided either by or by their respective third party authors, developers and vendors (collectively "Third Party Providers") and the underlying intellectual property rights are owned by and/or its Third Party Providers. Elements of the Website are protected by trade dress and other laws and may not be copied or imitated in whole or in part., the logo and other products referenced herein are trademarks of, 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 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, will have the right to suspend or terminate Customer's account and this Agreement.
5. 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.
6. 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. It is Customer's responsibility, through its systems administrator Authorized User, to set the appropriate access for each of Customer's Authorized Users.
7. 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.
8. Notification
Customer will immediately notify Filedino.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).
9. Customer Data
Customer has sole responsibility and liability for the data its stores on Filedino.com's servers. Customer controls its data through its generated link. Filedino.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. Filedino.com will delete Customer data upon termination of this Agreement. However, Filedino.com may retain Customer data in its archives after deletion and will not be liable to Customer in any way for such retained data.
10. Special Circumstances
Filefino.com will provide access to the Services and Customer's data to an agent of Customer ("Authorized Agent") who provides Filedino.com with a notarized letter signed by an officer of Customer which letter shall include statements of authenticity, authority and liability as required by Filedino.com in its sole discretion. Customer expressly and irrevocably agrees that Filedino.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 Filedino.com be liable to Customer or any third party for Filedino.com's reliance on such letter or such apparent authority.
11. Acceptable
You agree to NOT use Filedino.com's Service to:
1. . upload, post, e-mail, transmit or otherwise make available any Content that spreads messages of terror or depicts torture or death or other illegal acts; if serious enough, the content will be reported to the appropriate legal authority and/or the member's ISP will be contacted;
2. harm minors in any way, this includes all and any form of child pornography; users involved will be permanently removed from the service, the content will be reported to the appropriate legal authority and/or the member's ISP will be contacted without notice or delay;
3. . 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.
4. Upload any content related to animal’s sex, violence, scat or any other illegal content. Uploading any of listed above files will get your account closed
12. Illegality/Adult Content
Filedino.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. Filedino.com reserves the right to immediately suspend or terminate any account or transmission that violates this policy, without prior notice. Further, should Customer violate this policy, Filedino.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.
13. 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.
14. Access and Interference
Violations or attempts to violate Filedino.com systems or to interrupt Filedino.com services are strictly prohibited, and may result in criminal and civil liability. Examples of system violations include, without limitation:(a) Unauthorized access to or use of Filedino.com Services, including any attempt to probe, scan or test the vulnerability of a system or to breach security or authentication measures without express authorization of Filedino.com; or (b) Interference with Service to any customer or network including, without limitation, flooding, or deliberate attempts to overload a system and broadcast attacks; or (c) Use of any device, software, or routine to interfere or attempt to interfere with the proper working of the Services; or (d) Any action that imposes an unreasonable or disproportionately large load on Filedino.com's infrastructure. Customer shall not decompile, disassemble, decrypt, extract, reverse engineer or otherwise attempt to derive the source code of the "software tools" (including the tools, methods, processes, and infrastructure) underlying the Services
15. Copyright or Trademark Infringement
Filedino.com Services may be used only for lawful purposes. Filedino.com has a zero tolerance approach towards any infringement and as an ISP is in full compliance with the United States Digital Millennium Copyright Act ("DMCA"). Filedino.com operates a clear copyright policy in relation to any Content alleged to infringe the copyright of a third party. Details of that policy can be found here http:// Filedino.com/abuse. As part of Filedino.com's copyright policy, Filedino.com will terminate user access to the Website if a user has been determined to be a repeat infringer.
Transmission, distribution or storage of any material in violation of any applicable law or regulation, including export control laws, is prohibited. This includes, without limitation, material protected by patent, copyright, trademark, service mark, trade secret or other intellectual property rights. If you use another party's material, you must obtain prior authorization. By using the Services, you represent and warrant that you are the author and copyright owner and/or proper licensee with respect to any hosted content and you further represent and warrant that no content violates the trademark or rights of any third party. Filedino.com reserves the right to suspend or terminate a Customer's transmission(s) that, in Filedino.com's discretion,violates these policies or violates any law or regulation.
You acknowledge and agree that you are solely responsible for the content that you upload, store or share with others using the Service (collectively "User Content"), and for the consequences of uploading, storing or sharing any User Content. You agree that you will not use the Service to upload, store, or share User Content that you did not create or that you do not have permission to upload, store, and share. You promise that you have all intellectual property rights (including without limitation copyright and trademark rights), licenses, and permissions that may be needed to upload, store, or share your User Content. By uploading, storing, or sharing any User Content, you promise that doing so does not infringe any intellectual property rights of another person. You agree that you will not use the Service or the Site to post, transmit, or share child pornography. The use of the Service or the Site to publish or transmit child pornography will not be tolerated. If identified, it will be reported to law enforcement authorities and will result in termination of your account.
You understand and agree that Filedino.com may immediately suspend access to, terminate or remove, without notice, any account or content that violates any of these prohibitions. You agree that you will comply with all applicable terms, conditions and rules regarding the use of any website, forum, or service in or through which any link to content uploaded and stored using the Service is posted or distributed. You understand and agree that failure to do so may result in the suspension or termination of your account or of access to the Service. You understand that Filedino.com does not promise that User Content you upload, store, or share using the Service will be maintained by Filedino.com. You are solely responsible for creating backup copies of and replacing any and all User Content, at your own cost and expense. You agree that Filedino.com has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Content. Filedino.com retains the right to create and revise limits on use, storage, upload and download speeds, sharing, maximum number and duration of look-ups or downloads and any other aspect of the Service, at its sole discretion and at any time, with or without notice.
Filedino.com will not routinely screen, monitor, review or revise User Content uploaded, stored, or shared using the Service. However, Filedino.com may review any such content and Filedino.com reserves the right to refuse to accept, store, or permit the sharing of any User Content, to remove any User Content from the Service, and to prevent the uploading, storage, or sharing of any User Content. Filedino.com does not endorse or support any User Content. Filedino.com does not guarantee the accuracy or reliability of any User Content. Filedino.com does not guarantee that User Content does not infringe third party rights, including intellectual property rights. Filedino.com does not guarantee that User Content will not be harmful or offensive. Filedino.com does not guarantee that User Content will comply with these Terms of Service. You acknowledge that any use of or reliance on User Content obtained through the Service will be at your own risk. If you become aware of any User Content that you believe violates these Terms of Service, or that is otherwise objectionable, you may inform Filedino.com.
Filedino.com permits the uploading of content and the hosting, sharing and publishing of such user uploads through links. You understand that whether or not such User uploads is published and/or uploaded; Filedino.com does not guarantee any confidentiality with respect to any uploads. Filedino.com allows/permits you to link to materials on the Website for personal, commercial and non-commercial purposes only. Filedino.com reserves the right to discontinue any aspect of the Filedino.com website at any time.
You shall be solely responsible for any and all of your own uploads and the consequences of posting, uploading and publishing them. Furthermore, with uploaded content, you affirm, represent and/or warrant that:
1. you own or retain the necessary licenses, rights, consents, and permissions to use all trademarks, copyrights, trade secrets, patents, or other proprietary rights;
2. You will not upload, or allow anyone else to upload, any material in breach of the terms and conditions referred to herein.
3. You retain all of your ownership rights in your uploads.
1. Submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Filedino.com all of the license rights granted herein;
2. Publish falsehoods or misrepresentations that could damage Filedino.com or any third party;
3. Submit material that is obscene, illegal, unlawful, defamatory, libellous, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
4. Upload any and all viruses.
5. . Impersonate another person. Filedino.com does not endorse any User uploads or any opinion, recommendation, or advice expressed therein and Filedino.com expressly disclaims any and all liability in connection with User uploads. Filedino.com does not permit copyright infringing activities and infringement of intellectual property rights through its service and Filedino.com will remove all Content and User uploads if properly notified that such Content or User uploads infringes on another's intellectual property rights. Filedino.com reserves the right to remove Content and User uploads without prior notice or delay. Filedino.com will also terminate a User's access to its Service, if they are determined to be an infringer. Filedino.com also reserves the right to decide in its sole and unfettered discretion, whether User uploads are appropriate and comply with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscene or defamatory material, or excessive length. Filedino.com may remove such User uploads and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
You understand and acknowledge that when using Filedino.com .com, you will be exposed to User uploads from a variety of sources and that Filedino.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User uploads. You further understand and acknowledge that you may be exposed to User uploads that are inaccurate, offensive, indecent, or objectionable and you agree to waive and hereby do waive any legal or equitable rights or remedies you have or may have against Filedino.com with respect thereto and agree to indemnify and hold Filedino.com, its Owners, affiliates, operators, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the website.
You agree that Filedino.com may at its sole discretion have the right to refuse to publish, remove, or block access to any User uploads that is available via the Website at any time, for any reason, or for no reason at all, with or without notice.
Filedino.com provides its website as a service to its users. However, Filedino.com assumes no responsibility whatsoever for monitoring the Filedino.com Services for inappropriate content or conduct. Filedino.com assumes no responsibility for the content, no obligation to modify or remove any inappropriate content and no responsibility for the conduct of the User uploads of any such content. Filedino.com may review and delete any User uploads that, in its sole judgment, violates this Agreement or may be otherwise offensive or illegal, or violate the rights, harm, or threaten the safety of any User or person not associated with the Website. You are solely responsible for the uploads that you make available to any third-party website provided by the Website or any other material or information that you transmit or share with other Users or unrelated third-parties via the Website.
16. Account Termination Policy
By using our site and/or service, you agree that we are authorized to block your access and delete your files for any violation of our Terms and Conditions or for the following reason.
We have a policy of terminating, without notice and without recourse, accounts of subscribers or account holders who are repeat infringers of copyright and you agree that we may apply that policy to your account or subscription in our sole judgment based upon a suspicion on our part or a notification we receive regardless of proof of infringement.
A User's access to Filedino.com will be terminated if, under appropriate conditions, the User is determined to infringe repeatedly.
Filedino.com reserves the right to decide whether Content or if a User's uploads are appropriate and comply with these Terms and Conditions in regards to violations other than copyright infringement or privacy law, such as, but not limited to, hate crimes, pornography, obscene or defamatory material, or excessive length. Filedino.com may remove such User uploads and/or terminate a User's access for uploading such material in violation of these Terms and Conditions at any time, without prior notice and at its sole discretion.
17. Misuse of System Resources
Customer shall not misuse system resources including, but not limited to, employing content which consume excessive CPU time or storage space; utilizing excessive bandwidth; or resale of access to content hosted on Filedino.com servers.
18. Other Activities
Whether lawful or unlawful, Filedino.com reserves the right to determine what is harmful to its Customers, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the Service or the Internet. Please be aware Filedino.com reserves the right to cancel any account or transmission they find in violation of any of the above policies. If appropriate, Filedino.com will refer complaints to law enforcement authorities, and in such case, Filedino.com will actively assist law enforcement agencies with the investigation and prosecution of any such activities, including surrendering Customer accounts and data information. Complaints about violators of our Policy should be sent via e-mail to abuse@ Filedino.com. Each complaint will be investigated and may result in immediate cancellation of Services without prior notice.
19. No Warranty
You expressly understand and agree that:
(a) your use of the Service is at your sole risk. Filedino.com Services are provided on an "as is" and "as available" basis. Filedino.com and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. Filedino.com and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of our Services, software, or content;
(b) Filedino.com makes no warranty that (i) the Service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the software will be corrected;
(c) any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material;
(d) no advice or information, whether oral or written, obtained by you from us or through or from the Service shall create any warranty not expressly stated in these terms and conditions.
20. Indemnity
You agree to defend, indemnify and hold harmless Filedino.com, its affiliates, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from your use of the Service, or your breach of this Agreement or other Filedino.com policies, terms and conditions.
21. Limitation of Liability
Your use of Filedino.com is at your own risk. If you are dissatisfied with any aspect of our Service or with these terms & conditions, or any other rules or policies, your sole remedy is to discontinue use of the Service. You expressly understand and agree that Filedino.com shall not be liable for any direct, indirect, incidental, special, consequential exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (I) the use or the inability to use the Service; (II) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (III) unauthorized access to or alteration of your transmissions or data; (IV)
22. Modifications to Agreements, Policies or to our Services
Although we may attempt to notify you when major changes are made to these Terms and Conditions, you should periodically review the most up-to-date version. Filedino.com may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits. As such, we reserve the right to change these terms and conditions at any time without notice. We also reserve the right at any time to modify or discontinue the Service, temporarily or permanently, with or without notice to you. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service. You acknowledge that we may establish general practices and limits concerning use of the Service, including the maximum disk space that will be allotted on Filedino.com 's servers on your behalf and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. Further, you acknowledge that Filedino.com may change subscription fees at any time without notice. Changes in subscription fees will take effect on expiration of any existing Customer subscription.
23. Termination
Without limiting other remedies, Filedino.com may immediately issue a warning, suspend (i.e., lock out access and operation of Services for Customer) either temporarily or indefinitely, or terminate Customer's account and refuse to provide Services to Customer if: (a) Filedino.com believes that Customer has violated or acted inconsistently with this Agreement, or any of our policies; or (b) Customer has failed to pay fees or other payments due to Filedino.com ; or (c) Filedino.com is unable to verify or authenticate any information Customer provides to Filedino.com ; or (d) Filedino.com believes that Customer's actions may cause legal liability for Customer, Filedino.com's other clients, or Filedino.com. Filedino.com may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these terms and conditions may be effected without prior notice and acknowledge and agree that Filedino.com may immediately deactivate, archive or delete your account and all related information and data and/or any further access to such data or the Service. Further, you agree that Filedino.com shall not be liable to you or any third-party for any termination of your access to the Service. Upon termination of this Agreement by either Customer or Filedino.com, all of Customer rights under this Agreement, and Filedino.com's provision of Services, will terminate immediately.
The Sections 6 ("Customer Data"), 9 ("No Warranty"), 10 ("Indemnity"), 11 ("Limitation of Liability") and this Section 13 will survive any termination of this Agreement.
24. Miscellaneous
These terms and conditions will be governed by and construed in accordance with the Laws of the Hong Kong Special Administrative Region of the People's Republic of China, excluding that body of law governing conflict of laws. Any legal action or proceeding relating to or arising out of these Terms or your use of the Website will be brought in Hong Kong and you submit to the venue and personal jurisdiction of such court. If any provision of these Terms is held to be invalid or unenforceable, such provision will be enforced to the greatest extent possible and the remaining provisions will remain in full force and effect. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Filedino.com's failure to act with respect to a breach by Customer or others does not waive Filedino.com's right to act with respect to subsequent or similar breaches. No action by Customer arising under this Agreement may be brought at any time more than twelve (12) months after the facts occurred upon which the cause of action arose.
25. Relationship
Customer and Filedino.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
26. Assignment
Customer may not assign any of its rights, or delegate any of its duties; under this Agreement and any attempted assignment will be null and void.
27. Force
Operation of our Services may be interfered with by numerous factors outside of our control and we shall not be liable to you for any delay or failure in performance under this Agreement resulting directly or indirectly from causes beyond Filedino.com's control.
28. Interpretation
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, as narrowly as possible and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
29.
Filedino.com Confidential Information
You represent and warrant to Filedino.com that (a) you are not a competitor of Filedino.com, (b) you shall keep publicly unannounced information and materials pertaining to Filedino.com, pre-release software, testing or testing procedures strictly confidential and (c) you shall not use any information gained from access to the Filedino.com Website or use of the Filedino.com Services to compete with Filedino.com in its business.
30. Exceptions
Except for other agreements or terms appearing on the Web site, this Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
31. Affiliate Terms & Conditions
By becoming a Filedino.com Affiliate, you agree to the Terms of Service and to be bound by the terms hereto ("Affiliate Terms"). Affiliates are allowed to have only one account.
This Affiliate Terms and Conditions Agreement (the "Agreement") is entered into by you (hereinafter referred to as the "Affiliate") and Filedino.com, doing business as “Filedino.com" (hereinafter referred to as “Filedino.com" and/or " Filedino.com").
Filedino.com offers file sharing and hosting solutions to meet business and personal needs and prohibits any and all illegal activity including the uploading of illegal content, copyrighted content and all other infringements on third party rights. We ask that as an affiliate you become familiar with our policy and terms to avoid being in breach of our terms.
By clicking on 'I accept' the affiliate is entering into this legal agreement with Filedino.com and affirmatively stating that same has read, understands and accepts the agreement and as such agrees to be bound by the terms and conditions set forth herein. Affiliate cannot join the affiliate program unless accepting each and every term and condition herein.
In order to enrol and participate, the affiliate must be over eighteen (18) years of age and/or over the age of majority if residing and/or conducting business in states, provinces or countries where the age of majority is greater than eighteen (18) years of age. If affiliate is a corporation or any other legal entity, its shareholders, partners and directors must be over eighteen (18) years of age and/or over the age of majority if residing and/or conducting business in states, provinces or countries where the age of majority is greater than eighteen (18) years of age.
The affiliate must be vested with the authority to enter into contracts on behalf of the entity or person entering said agreement. The Agreement and the provisions hereof, shall be in full force and effect commencing on the date accepted by Filedino.com and exist until terminated by either party in accordance with the provisions set forth herein.
All payments are made in U.S. dollars ("USD").
All payment/payout terms, conditions, payment dates, commissions (if applicable) and other monetary and other relevant provisions can be found at http://Filedino.com / make money and are subject to change with proper notice to the affiliate via the e-mail supplied at signup.
The affiliate acknowledges and understands that any breach of these terms gives Filedino.com the right to revoke one's affiliate status without notice as well as cancel the affiliate's account and all monies due will be forfeited as partial damages for violation(s) of the terms and services of the Agreement.
Filedino.com abides by a ZERO TOLERANCE policy relating to "spamming." No spamming of any kind or in any form, whatsoever, is permitted. Filedino.com does not allow affiliates to market under this program through the transmission of unsolicited bulk e-mails, therefore, it is extremely important that any mass e-mailings by you conform to our policies. To comply with the new US Federal Law, CAN-SPAM Act of 2003 Filedino.com strictly enforces the following policy.
Filedino.com abides by a ZERO TOLERANCE policy relating to any illegal content. Child Pornography, bestiality, rape, torture, snuff, death and/or any other type of obscene and/or illegal material shall not be tolerated by Filedino.com. Should an affiliate send hits or cause hits to be sent from any site which contains Child Pornography, bestiality, rape, torture, snuff, death of any other type of obscene and/or illegal material, status as Webmaster will be revoked without notice and account cancelled and all monies due to the affiliate will be forfeited as partial damages for violation(s) of the terms and services of the Agreement. Furthermore, should an affiliate website contain any child pornography, bestiality, rape, torture, snuff, death and/or any other type of obscene and/or illegal material of any kind, Filedino.com shall revoke the webmaster's status without notice and terminate the account and all monies due to the affiliate will be forfeited as partial damages for violation(s) of the terms and services of the Agreement.
Filedino.com does not accept traffic from any site that contains materials which constitutes an infringement, misappropriation or violation of any individual's or entity's intellectual property rights including but not limited to copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights, etc. If you send hits or cause hits to be sent from any site which constitutes an infringement, misappropriation or violation of any individual's or entity's intellectual property rights, your status as affiliate will be revoked without notice and your account cancelled and all monies due to you will be forfeited as partial damages for violation(s) of the terms and services of the Agreement. Furthermore, should an affiliate website contain any material which in Filedino.com's sole discretion constitutes an infringement, misappropriation or violation of any individual's or entity's intellectual property rights including but not limited to copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights, etc., Filedino.com shall revoke the webmaster's status without notice and terminate the account and all monies due to the affiliate will be forfeited as partial damages for violation(s) of the terms and services of the Agreement.
Filedino.com shall not tolerate any form of deceptive, unfair and/or false advertising by an affiliate and all such practices are prohibited.
Filedino.com shall not tolerate any spyware or ad-aware and shall not accept referrals obtained through Spyware or ad-ware and all other software which sends data back to the user with his/her knowledge and/or consent.
The Affiliate acknowledges and agrees that Filedino.com shall have the right to revoke the affiliate's status without notice and terminate the account and all retain monies due to the affiliate as partial damages for violation(s) of the terms and conditions of the Agreement if in Filedino.com's sole and unfettered discretion, the affiliate has violated any of the terms of the agreement.
Further, the affiliate acknowledges and agrees that Filedino.com may delete/disable any and all of the affiliate's links.
The affiliate acknowledges and agrees that Filedino.com may delete/disable any and all of the affiliates links/uploads it judges at its sole and unfettered discretion to be in violation with the present terms and conditions and no damage/compensation of any kind shall be owed to the affiliate. Filedino.com shall be under no obligation whatsoever to keep any links deemed in breach active.
Affiliate acknowledges and agrees that Filedino.com shall have the right, in its sole and exclusive discretion, at any time during the term of this agreement, to expand or modify what it determines to constitute possible fraudulent activity.
Should any law enforcement agency, internet service provider or other individual or entity provide Filedino.com with notice that an affiliate has engaged in the transmission of unsolicited e-mails or have otherwise engaged in unlawful conduct or conduct in violation of said service provider's terms of service, Filedino.com reserves the right to cooperate in any investigation relating to your activities, including the disclosure of your account information in connection therewith.
"Confidential Information" shall be defined as any information, oral or written, treated as confidential that relates to either party's (or, if either party is bound to protect the confidentially of any other persons information, such other persons) past, present or future research, development or business activities, including any unannounced product(s) and service(s) and including any information relating to services, trade secrets, intellectual property, developments, designs, inventions, processes, plans, financial information, customer and supplier lists, forecasts, and projections. Confidential information shall also include the terms of this Agreement, any date, idea, technology, know-how, inventions, algorithms, process, technique, program, computer software, computer code, and related documentation, work-in-progress, future development, engineering, distribution, manufacturing, marketing, business, technical, financial or personal matter relating to any actor or actress present or future products, sales, customers, employees, opportunities, markets or business in graphic text or electronic or any other form, that is treated as confidential by either party. The affiliate agrees it shall not disclose of any Confidential Information to any third party and shall not use confidential information for any purpose other than performance of the right obligations of the agreement. Affiliate shall also take all and any reasonable precautions to prevent any unauthorized disclosure of Confidential Information. Filedino.com reserves the right to cancel this program at any time. Filedino.com shall not be liable for any losses due to server downtime, net congestions and any and all similar and like occurrences or difficulties. The parties to the agreement shall not be liable or be considered in breach or default under the Agreement on account of delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond the party's reasonable control and that such party is unable to overcome through the exercise of commercially reasonable diligence, including but not limited to acts of God; wars, riots, acts of civil or military authority, terrorism; fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; strikes, etc. The terms and conditions of this Agreement are subject to change by Filedino.com at any time in its sole discretion. You shall be provided reasonable notice of any such changes by e-mail to your address on our records or by posting the changes on the site and such shall be considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Program rules. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program, following Filedino.com's posting of a change notice or new agreement on the site, will constitute binding acceptance of the change and shall constitute confirmation of Webmaster's acknowledgement and assent to any such modifications. You affirm that you have read this Agreement and understand, agree and consent to its Terms and Conditions. Nothing in this Agreement shall be construed so as to create a relationship of partners, any partnership, joint venture, agency franchise, sales representative, or employment relationship between the parties. Affiliate will have no authority to make or accept any offers or representations on behalf of Filedino.com. Affiliate will not make any statement, whether on their website or otherwise, that would reasonably contradict anything in this Section. Affiliate is not an agent of the Filedino.com and Filedino.com expressly disclaims responsibility for any conduct by affiliate in violation of our terms of agreement. Filedino.com will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Affiliate Program, even if Filedino.com have been advised of the possibility of such damages. Furthermore, Filedino.com's aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to the affiliate under this Agreement. Affiliate hereby represents and warrants to Filedino.com that this Agreement has been duly and validly executed and delivered by the affiliate and constitutes said affiliate's legal, valid and binding obligation, enforceable against affiliate in accordance with its terms; and that the execution, delivery and performance by the affiliate of this Agreement are within their legal capacity and power; have been duly authorized by all requisite action on their part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which affiliate are subject or which is binding upon affiliate, or (ii) the terms of any other agreement, document or instrument applicable to affiliate or binding upon the affiliate. Should any law enforcement agency or internet service provider provide Filedino.com with notice that the affiliate has engaged in transmission of unsolicited bulk e-mails or have otherwise engaged in unlawful conduct or conduct in violation of said service provider's terms of service, Filedino.com reserves the right to cooperate in any investigation relating to affiliates activities including disclosure of affiliates account information in connection therewith. The Affiliate may not assign this Agreement including the rights and obligations to any third party without the prior express written approval of Filedino.com. If any term, clause or provision of the agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement. Affiliate hereby agrees to indemnify, defend and hold harmless Filedino.com, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by Filedino.com (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim use of the Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any promise, covenant, representation or warranty made by the affiliate herein; or (iii) or any whatsoever claim related to affiliate site. This Agreement shall be binding; the failure of Filedino.com to enforce the strict performance of the terms of any provision of this Agreement shall not be deemed a waiver of the right of Filedino.com to subsequently strictly enforce any provision of this Agreement. This Agreement constitutes the entire agreement between the affiliate and Filedino.com. If for any reason a court of competent jurisdiction finds that any provision of this Agreement, or portion thereof, to unenforceable, in whole or in part, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement and the remainder of this Agreement shall continue in full force and effect. By signing up to the affiliate program, and by supplying Filedino.com with all the required information to sign up as a Webmaster, the affiliate is acknowledging that they have read and agreed to all of the terms and conditions, promises, warranties, duties and obligations set forth in the above agreement and agree to be bound by the terms thereof. As an affiliate you agree to respect all other terms and conditions listed herewith including but not limited to our policy regarding copyright infringement, illegal content and the infringement of any intellectual property rights. Filedino.com is aimed at personal and business needs in relation to creating solutions for the hosting and sharing of their files and as such does not condone abuse of its service through the uploading of infringing content. Filedino.com complies with any and all takedown notifications including the DMCA and shall terminate/ban repeat infringers.
Please e-mail reports of any Terms and Conditions violations to abuse@filedinomail.com
|
