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This File-Flow Terms of Service Agreement ("Agreement" or "FFTOS") describes the terms and conditions on which File-Flow ("we" or "this service") offers services to you ("Customer", "The Customer", or "You"). BY REGISTEREING FOR OR USING FILE-FLOW SERVICES, THE CUSTOMER AGREES TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. You may continue to use File-Flow as long as you adhere to this Agreement.
1. ELIGIBILITY FOR FILE-FLOW SERVICES
Our Services are available only to individuals in good legal standing that can form legally binding contracts under applicable law. The Customer agreeing to this Agreement for Customer acknowledges that The Customer must be at least eighteen years of age and otherwise capable of and authorized to enter binding contracts for The Customer.
2. FILE-FLOW SERVICES
Subject to the terms and conditions of this Agreement, File-Upload makes certain Services available to The Customer. For the purposes of this Agreement: (a) "The Customer" (or "you") means the individual that is using or registering to use the Services; (b) File-Flow "Services" means those electronic services offered by File-Flow. File-Flow 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 this Web site, including but not limited to information, documents, products, logos, graphics, sounds, gui, software, and services (collectively "Materials"), are provided either by File-Flow and the underlying intellectual property rights are owned by File-Flow. Elements of this Web site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. File-Flow, the File-Flow logo and other File-Flow products referenced herein are trademarks of File-Flow, 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
The Customer acknowledges that the information it provides in File-Flow contact information forms is true, accurate, current and complete. The 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 The Customer is untrue, inaccurate, not current or incomplete, File-Flow will have the right to suspend or terminate The Customer's account and this Agreement.
5. CUSTOMER ACCOUNT
a. RESPONSIBILITY FOR ACCESS
The Customer is solely responsible and liable for any and all access to and use of the Services (including all activities and transactions) by any User ID and/or Internet Protocol Address associated with The Customer's account.
b. RESPONSIBILITY FOR USER ID'S AND PASSWORDS
The Customer is solely responsible for maintaining the confidentiality of The Customer's account information (i.e. User ID's and passwords) and is responsible for all activities that occur under The Customer's account.
c. NOTIFICATION OF UNAUTHORIZED USE
The Customer will immediately notify File-Flow if The Customer notices any activity indicating that The Customer's account is being used without authorization (i.e. The Customer becomes aware of any unauthorized use of the service related to its account(s).)
d. CUSTOMER DATA
The Customer acknowledges it has sole responsibility and liability for the data its stores on File-Flow's servers. The Customer controls its data through its generated link. The Customer bears sole liability for any lost or irrecoverable data. The Customer agrees to maintain its data in compliance with its legal obligations. File-Flow will delete The Customer's account and/or data upon termination of this Agreement. However, File-Flow may retain The Customer's data on its servers after deletion and will not be liable to The Customer in any way for such retained data.
6. USE OF THIS SERVICE
The Customer acknowledges that it may under no circumstances use this service to host files that contain illegal contents, including: (a) Pornography; (b) Child pornography; (c) Racist material; (d) Unauthorized copies of copyrighted material. This statement of categories is not the completed list. 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. Any abuse by The Customer will result in immediate deletion of The Customer's data that violates these listed illegal contents and possibly the termination of The Customer's account without notice. If The Customer's illegal content is serious enough, the content will be reported to the appropriate legal authority and/or The Customer's ISP will be contacted.
The Customer's use of File-Flow is at its own risk. If The Customer is dissatisfied with any aspect of our Service or with this Agreement, or any other rules or policies, the sole remedy is to discontinue use of the Service. The Customer expressly understands and agrees that File-Flow 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.
Be aware File-Flow reserves the right to suspend or terminate any account, at any time, without notice. If appropriate, File-Flow will contact the appropriate legal authorities, and in such case, File-Flow will actively assist said legal authorities with the investigation and prosecution of any such activities, including surrendering The Customer's account and data information.
PLEASE SEND COMPLAINTS ABOUT VIOLATORS OF OUR POLICY VIA E-MAIL TO abuse@file-flow.com. Each complaint will be investigated and may result to immediate suspension or termination of The Customer's Services without prior notice.
7. NO WARRANTY
The Customer acknowledges and agrees that: (a) its use of the Service is at its sole risk. File-Flow's Services are provided on an "as is" and "as available" basis. File-Flow makes no warranties about the accuracy, reliability, completeness, or timeliness of our Services; (b) File-Flow makes no warranty that (i) our Services will meet The Customer's expectations, (ii) our Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of our Services will be accurate or reliable, (iv) and the quality of any products, services, information, or other material obtained by The Customer through the Service will meet your expectations; (d) any material obtained through the use of the Service is done at The Customer's 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; (e) 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.
8. IMMUNITY
You agree to hold harmless File-Flow, its affiliates, and employees, from and against any claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from your use the Service, or your breach of this Agreement or other File-Flow policies.
9. ALTERATIONS TO THIS AGREEMENT
File-Flow reserves the right to change this Agreement 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 The Customer. The Customer agrees that we shall not be liable to you for any modification, suspension or discontinuance of the Service. The Customer acknowledges that we may establish general practices and limits concerning use of the Service, including the maximum disk space that will be allotted on File-Flow's servers on The Customer's behalf, and the maximum number of times (and the maximum duration for which) The Customer may access the Service in a given period of time. Further, you acknowledge that File-Flow may change subscription fees at any time without notice. Changes in subscription fees will take effect on expiration of any existing Customer subscription.
10. MISCELLANEOUS
a. ASSOCIATION
The Customer and File-Flow are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
b. FORCE MAJURE
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 File-Flow's control.
c. CONFIDENTIALITY
You acknowledge, represent, and warrant to File-Flow that (a) you are not a competitor of File-Flow, (b) you shall not publicly announce information and materials pertaining to File-Flow, and (c) you shall not use any information gained from access to the File-Flow Web site or use of the File-Flow Services to compete with File-Flow in any way.
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