You have elected to register for use of the ShareNetFiles (sm) service (the
"Service"). The Service is provided to registered users ("You")
under these Terms and Conditions of Use ("Agreement").
By completing the registration process and clicking on the "I Accept"
button on the registration form, You agree to be legally bound by all
of the terms and conditions of this Agreement, including any modifications
to this Agreement. If You do not agree with any of the terms and conditions
set forth in this Agreement, do not click on the "I Accept"
button on the Registration form.
- Description of Services
Subject to ShareNetFiles´s acceptance of Your registration and Your
compliance with the terms and conditions of this Agreement, ShareNetFiles
will provide You with the following service (the "Basic Service")
at no charge:
- ShareNetFiles will establish one (1) account in Your name on the ShareNetFiles
servers (the "Account");
- ShareNetFiles will provide You with Basic Service data storage capacity
on the ShareNetFiles servers, which may be adjusted according to ShareNetFiles´s
data storage policies (the "Allocated Storage Quota");
- ShareNetFiles will allow You to post and retrieve data files from Your
Account, up to a maximum amount of data which can be transferred
to and from Your Account per day as determined by ShareNetFiles (the
"Transfer Rate").
In Your use of the Service, you are responsible for providing the
following: (1) all equipment, such as a computer and modem, necessary
to access the World Wide Web; (2) Your own access to the World Wide
Web; and (3) payment of all telephone or other fees associated with
such access.
Your Allocated Storage Quota is set by ShareNetFiles, at its sole discretion,
according to ShareNetFiles´s then current data
storage policies. Your Transfer Rate is also set by ShareNetFiles,
at its sole discretion, and is currently calculated by the number
of bytes transferred over the course of a calendar day according
to the ShareNetFiles servers´ local time. ShareNetFiles reserves the
right to change the Transfer Rate calculation method without further
notice. From time to time, ShareNetFiles may offer promotions which may
increase Your Allocated Storage Quota or Transfer Rate.
- Conditions of Use
You are solely responsible for the content of all data You store or
retrieve from, or attempt to store or retrieve from Your Account and
the Public Folders and for all transmissions by You from and to Your
Account. Your use of the Service is subject to all applicable local,
state, national and international laws and regulations. You will:
- not use the Service for any illegal purposes;
- not use the Service to store, retrieve, transmit or view any file,
data, image or program ("Content") that contains:
(1) any false, misleading, fraudulent or illegal pictures, materials
or information;
(2) any harassing, libelous, abusive, threatening, harmful, vulgar,
obscene or otherwise objectionable material of any kind or nature;
(3) any material that encourages conduct that could constitute a
criminal offense, give rise to civil liability or otherwise violate
any applicable local, state, national or international law or regulation;
(4) any code or material that violates the intellectual property
rights of others; or
(5) any viruses, worms, "Trojan horses" or any other similar
contaminating or destructive features;
- comply with United States and other applicable law regarding the
exportation and re-exportation of any data or other materials from
the United States or other jurisdictions through the Service;
- not use the Service for any spamming, chain letters or other use
that may otherwise disrupt the Service or the networks through which
You access and use the Service;
- neither transfer nor cause to be transferred data in excess of
Your Transfer Rate;
- comply with all regulations, policies and procedures of networks
through which You access and use the Service;
- not access or attempt to access any Service account for which
You have no access authorization or duplicate, modify, distribute
or display any of the data or files from any such account; and
- not attempt to gain unauthorized access to any servers controlled
by ShareNetFiles or decompile, reverse engineer or disassemble any software
used in connection with ShareNetFiles.
- Registration Information
You will promptly notify ShareNetFiles of any change in the information
You provide on Your registration form during Your registration for the
Service (including, without limitation, any change in Your mailing address,
telephone numbers or e-mail address). The registration information provided
by You on Your registration form during Your registration for the Service,
together with any and all updates provided by You from time to time
under this paragraph, is referred to in this Agreement as the "Registration
Information." ShareNetFiles´s policy regarding the privacy and
use of the Registration Information is set forth in ShareNetFiles´s
Privacy Policy, as the same may be modified and amended by ShareNetFiles
from time to time (the "Privacy Policy"). When You accept
this Agreement, You acknowledge that You agree to the terms of the Privacy
Policy.
- Additional Services
In the event that You desire or attempt to store more than Your
Allocated Storage Quota on ShareNetFiles´s servers, ShareNetFiles reserves
the right, but shall have no obligation, to offer and, upon Your acceptance,
provide to You optional additional storage services as part of the Service
(the "Additional Storage Service").
In the event that You desire or attempt to transfer more than Your
Transfer Rate through ShareNetFiles´s servers, ShareNetFiles reserves
the right, but shall have no obligation, to offer and, upon Your acceptance,
provide to You a higher Transfer Rate as part of the Service (the
"Additional Bandwidth Service").
ShareNetFiles reserves the right to charge You fees for such Additional
Services. Furthermore, as consideration for each Additional Service,
You will register for each Additional Service and provide to ShareNetFiles
such additional Registration Information as ShareNetFiles may request.
Any Additional Service will be provided by ShareNetFiles subject to ShareNetFiles´s
acceptance of Your registration for that Additional Service and Your
acceptance of ShareNetFiles´s additional terms and conditions of
use for each Additional Service.
- Account and Password
After You accept this Agreement and Your registration has been accepted
by ShareNetFiles, You will receive a password (the "Password")
and Your Account will be established. You are entirely responsible for
any and all activities that occur under Your Account and Password, whether
or not such use was authorized by You. You will notify ShareNetFiles of any
unauthorized use or other breach in security of Your Account immediately
after You learn of the same.
- Security of Stored Data and Files
ShareNetFiles will endeavor to restrict access to the data and files
You store or retrieve from Your Account to persons accessing such data
and files through use of Your Account or Password. However, no password-protected
system of data storage and retrieval can be made entirely impenetrable.
Accordingly, You hereby acknowledge that it may be possible for an unauthorized
third party to access, view, copy, modify and distribute the data and
files You store in Your Account. Further, You hereby acknowledge that
any third party may access, view, copy, modify and distribute the data
and files You store in any public folder on the ShareNetFiles servers.
- Content of Stored Data and Files
You are solely responsible for (a) obtaining sufficient rights to
the content of all data and files stored by You on ShareNetFiles´s
servers and (b) ensuring that such content does not include any of the
items listed in paragraph 2(b) above. By uploading any Content, You
represent and warrant that You have the lawful right to reproduce and
distribute such Content. In addition, You grant ShareNetFiles and it successors
and assigns for the term of this Agreement a license under your copyrights,
in all material and Content transmitted or displayed on or through ShareNetFiles,
for use consistent with the ShareNetFiles service, including the right to
distribute, display in any manner, reproduce, and create derivative
works from such material in any and all media now known or later developed.
ShareNetFiles does not review, inspect, edit or monitor any Content stored
by You or any other user of the Service, including, without limitation,
for viruses, worms, "Trojan horses" or any other similar
contaminating or destructive features. ShareNetFiles will respond to complaints
of copyright violations according to its Copyright Policy.
ShareNetFiles reserves the right to refuse, remove or disable access to
any data or files stored on ShareNetFiles´s servers that ShareNetFiles
learns may be illegal, may violate the terms of paragraph 2 above,
may violate the rights of any third party or otherwise may be reasonably
objectionable, although it has no obligation to do so.
- Disclaimer of Warranties
The transmission, storage, viewing and retrieval of data and files
through the World Wide Web is subject to a variety of conditions that
make such transmission, storage, viewing and retrieval potentially unreliable.
ACCORDINGLY, YOUR USE OF YOUR ACCOUNT AND THE SERVICE IS AT YOUR SOLE
RISK. YOUR ACCOUNT AND THE SERVICE IS PROVIDED TO YOU ON AN "AS
IS" AND "AS AVAILABLE" BASIS. ShareNetFiles, ON BEHALF OF
ITSELF AND ITS DISTRIBUTORS, ADVERTISERS AND SUPPLIERS, DISCLAIMS ALL
WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE,
WITH RESPECT TO YOUR ACCOUNT AND THE SERVICE (INCLUDING, WITHOUT LIMITATION,
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT). PLEASE NOTE THAT YOUR ACCOUNT AND THE
SERVICE MAY NOT MEET YOUR NEEDS. ShareNetFiles MAKES NO REPRESENTATION OR
WARRANTY: (A) THAT YOUR ACCOUNT OR THE SERVICE WILL MEET YOUR NEEDS;
(B) THAT ACCESS TO YOUR ACCOUNT OR THE SERVICE WILL BE TIMELY, ERROR-FREE,
UNINTERRUPTED, VIRUS-FREE OR SECURE; (C) THAT THE DATA AND FILES YOU
STORE IN YOUR ACCOUNT WILL NOT BE LOST OR DAMAGED; (D) AS TO THE RESULTS
THAT MAY BE OBTAINED FROM YOUR USE OF THE SERVICE; OR (E) THAT DEFECTS
IN THE SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT ANY MATERIAL
OR DATA YOU RETRIEVE THROUGH THE USE OF THE SERVICE IS DONE AT YOUR
CHOICE AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE RETRIEVAL
OF SUCH MATERIAL OR DATA.
- Limitations of Liability
IN NO EVENT SHALL ShareNetFiles OR ITS ADVERTISERS OR SUPPLIERS HAVE
ANY OBLIGATION OR LIABILITY TO YOU FOR THE COST OF PROCUREMENT OF SUBSTITUTE
SERVICES OR DATA OR FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY
OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF
DATA, REVENUE OR PROFITS OR BUSINESS INTERRUPTION) OR OTHER PECUNIARY
LOSS ARISING OUT OF YOUR USE OR INABILITY TO USE YOUR ACCOUNT OR THE
SERVICE OR YOUR LOSS OF DATA OR FILES STORED THEREIN.
- Force Majeure
ShareNetFiles will not be liable for any nonperformance, delay, error,
data loss or other loss caused by any events or conditions that are
beyond the reasonable control of ShareNetFiles.
- Indemnification
You will defend, indemnify and hold ShareNetFiles, its parents, subsidiaries,
affiliates, agents, officers, directors and employees, harmless from
any claim or demand, including reasonable attorneys´ fees and
costs, made by any third party due to or arising out of (a) Your use
of Your Account and the Service, (b) any data files and Content stored
by You in Your Account and otherwise on the ShareNetFiles servers and (c)
any violation of this Agreement by You.
- Termination
Either you or ShareNetFiles may terminate this Agreement with or without
cause at any time by giving notice of such termination to the other
in the manner described in paragraph 13 below. Further, if ShareNetFiles
believes, in its sole and absolute discretion, that You have violated
Your obligations under this Agreement or materially exceeded the level
of data storage and/or transfer services that ShareNetFiles has agreed to
provide, ShareNetFiles may, at its option and in addition to its other remedies,
immediately and without notice, suspend Your Account, remove and destroy
data and files stored by You on ShareNetFiles´s servers and/or terminate
this Agreement. ShareNetFiles may, but is not obligated to, provide You with
a warning and a time in which to cure prior to suspending the account.
ShareNetFiles will not be liable to You or any third party for any suspension
or termination of Your Account or the Service. Should You object to
any terms and conditions of this Agreement or any subsequent modifications
thereto or become dissatisfied with the Service in any way, Your only
recourse is to immediately: (a) discontinue use of the Service; (b)
terminate this Agreement; and (c) notify ShareNetFiles of such termination.
Upon any termination of this Agreement, You will cease use of the Service
and immediately remove all of Your stored data files from the ShareNetFiles
servers. ShareNetFiles may, but has no obligation to, destroy any of Your
stored data files that are not removed from ShareNetFiles´s servers
within five (5) days after termination by You. Paragraphs 7, 8, 9, 10,
11, 12, 13 and 15 of this Agreement (and any other provision that can
be reasonably construed to survive termination) will survive termination
of this Agreement.
- Notices
Any notice under this Agreement given by ShareNetFiles to You will be
deemed to be properly given if sent by e-mail to Your e-mail address
as set forth in the Registration Information. Any notice under this Agreement
given by You to ShareNetFiles will be deemed to be properly given if received
by e-mail sent to ShareNetFiles´s Customer Service at support@ShareNetFiles.com
or by written communication delivered by first class postage prepaid
U.S. mail to ShareNetFiles at 460a Bryant St, San Francisco, CA 94107.
Both ShareNetFiles and You may from time to time change its address for notices
under this paragraph by giving the other party notice of the change
in accordance with this paragraph.
- Severability
This Agreement will be enforced to the fullest extent permitted
by applicable law. If for any reason any provision of this Agreement
is held to be invalid or unenforceable under applicable law to any extent,
then (a) such provision will be interpreted, construed or reformed to
the extent reasonably required to render the same valid, enforceable
and consistent with the original intent underlying such provision and
(b) such invalidity or unenforceability will not affect any other provision
of this Agreement.
- Modifications to this Agreement
The terms and conditions of this Agreement may be changed by ShareNetFiles
from time to time. Upon any such change, ShareNetFiles will notify You of
such change in accordance with paragraph 13 above and post an updated
version of this Agreement on the ShareNetFiles Web site located at http://www.ShareNetFiles.com.
Your use of any Services after such notification will constitute Your
acceptance of such changed terms and conditions.
- Miscellaneous
Your right to use the Service is personal to You, and You will not
assign any of Your rights, obligations or interest in this Agreement
or Your Account. Without limiting the foregoing, this Agreement is binding
upon and inures to the benefit of the parties and their respective successors
and assigns. ShareNetFiles´s failure to insist upon or enforce strict
performance of any provision or right of this Agreement will not be
construed as a waiver of any provision or right. This Agreement will
be governed by the laws of the State of California, without regard to
its conflict of laws rules. The provisions of the U.N. Convention on
Contracts for the International Sale of Goods and any successor treaties
will not apply. You consent to the venue and exclusive jurisdiction
of the state and federal courts located in San Francisco County, California,
U.S.A., with regard to any claim arising under or otherwise occurring
by reason of this Agreement or Your use of the Service or Your Account.
You will commence any claim or cause of action arising under or otherwise
occurring by reason of this Agreement within one (1) year after the
claim or cause of action arises or such claim or cause of action is
forever barred. This Agreement constitutes the entire agreement of the
parties with respect to the subject matter hereof and supersedes any
and all prior and contemporaneous understandings and agreements.
Copyright Agent and Removal Policy
ShareNetFiles provides online services for the storage of data files
and other content provided by third parties, ShareNetFiles does not tolerate
infringing material on its site or servers, and may remove content that
appears to infringe any copyright or other intellectual property rights,
as well as terminate the online account of any individual or entity who
posts infringing material.
If you believe that your copyright in any material has been infringed
by a ShareNetFiles account holder, please notify ShareNetFiles´s Agent for
Notice of claims of copyright infringement at copyright@ShareNetFiles.com. Your notice must include
the following information:
- Identify the copyrighted work that you claim has been infringed;
- Identify the material on the ShareNetFiles site or servers that you claim
is infringing, with enough detail so that we may locate it on the site;
- Provide your address, telephone number, and e-mail address;
- Provide a statement declaring under penalty of perjury that (a) you
have a good faith belief that the disputed use is not authorized by
the copyright owner, its agent, or the law, (b) the above information
in your notice is accurate, and (c) you are the owner of the copyright
interest involved or you are authorized to act on behalf of that owner;
and
- Provide your physical or electronic signature.
We will then evaluate your Notice and take such action as is appropriate
under the Digital Millennium Copyright Act, 17 U.S.C. § 512 et seq.
Please note that ShareNetFiles will terminate the account of any account holder
about whom ShareNetFiles receives repeated complaints of copyright infringement.
If you have any questions about this Copyright Policy, please contact
ShareNetFiles at copyright@ShareNetFiles.com
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