This Agreement is between Pornupload.com ("Pornupload") and you ("you" or "Customer"), as an authorized user of Pornupload Services, and governs the terms and conditions of your use of Pornupload Services. This Agreement, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time by Pornupload (collectively, the "Agreement"), constitutes the entire agreement between Pornupload and you regarding Pornupload Services, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement. Notwithstanding the foregoing, your use of any software provided by Pornupload related to the Services shall be pursuant to a separate agreement governing Customers' use of such software. For purposes of this Agreement, "Pornupload Services" or "Services" are defined as any and all services provided by Pornupload to you either now or in the future. By using Pornupload Services, you confirm your acceptance of, and agree to be bound by, this Agreement.
Definition of Terms
a. Pornupload.com is referred to herein as "Pornupload," "we," "us," or "our."
b. You, as the user, are referred to herein as "you," "user," "subscriber," "client," or "customer."
c. The equipment and software owned, leased, used by, or maintained for or by Pornupload are referred to herein as "the Pornupload system" or "system."
d. User files, directory structure, and file content are referred to herein as user files.
e. Information stored in and/or gathered by Pornupload's system about the user, user's files, and user's system usage (user's meta-information) are referred to herein as "user data."
Description of Service.
Pornupload is in the business of providing Internet-based data storage resources. It is our goal to provide you with the best access possible to data storage resources available through the Internet. Our business depends upon it and Pornupload is strongly motivated to achieve success. We want you to have the best possible experience in dealing with Pornupload and using Pornupload's services.
Pornupload offers the Services at its Website www.Pornupload.com Individually, the Services are:
Free Service Usage; Fair Use Policy.
- 50Mb of online storage space
- sharing functionality . Pornupload Free is hereinafter referred to as "Free" or "Free Service".
- Pornupload Free is for personal, non-commercial use only.
Pornupload provides the Free Service as an accommodation to you, and reserves the right to terminate your Free Service at anytime without notice.
YOU UNDERSTAND THAT THE FREE SERVICE IS SUBJECT TO Pornupload'S "FAIR USE" POLICY FOR FREE ACCOUNTS. YOU WILL BE IN VIOLATION OF THIS POLICY IF, WITHIN ANY MONTH, YOUR USAGE GREATLY EXCEEDS THE AVERAGE LEVEL OF MONTHLY USAGE OF Pornupload'S PAID SUBSCRIPTION CUSTOMERS GENERALLY. FOR PURPOSES OF THIS POLICY, "USAGE" MEANS THE TOTAL AMOUNT OF BANDWIDTH A FILE/FOLDER HOSTED AND SHARED FROM OUR SERVICE GENERATES, AS DETERMINED BY US IN OUR SOLE DISCRETION. IN THE EVENT YOU ARE DEEMED TO HAVE VIOLATED THIS POLICY, Pornupload WILL ATTEMPT TO NOTIFY YOU OF THE VIOLATION VIA EMAIL AND OFFER TO UPGRADE YOU TO A PAID SUBSCRIPTION SERVICE. IF YOU ELECT NOT TO UPGRADE, YOUR ACCOUNT WILL BE TERMINATED. ANY FAILURE BY Pornupload TO ENFORCE THIS POLICY WILL NOT PRECLUDE US FROM ENFORCING IT AT ANYTIME IN THE FUTURE, WHETHER FOR PAST OR CURRENT VIOLATIONS.
Pornupload grants you a personal, non-exclusive, non-transferable license to use the products and software contained in or made available through the Service (the "Content") solely for your own internal purposes. All rights not expressly granted by Pornupload to you are retained.
You are permitted to store, manipulate, analyze, reformat, print, and display the Content only for your personal use. Unauthorized use of the Service, or the resale of the Services without Pornupload's prior written consent, is expressly prohibited. You shall not copy, license, sell, transfer, transmit, make available, distribute, publish, or assign this license or the Content in any format to any third party.
Third Party Interaction.
In your use of the Service, you may enter into correspondence with, purchase goods and/or services, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Pornupload shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.
Links to Third Party Sites.
Pornupload does not endorse any sites on the Internet that are linked through the Service. Pornupload is providing these links to you only as a matter of convenience, and in no event shall Pornupload be responsible for any content, products, or other materials on or available from such sites.
A user account is required to access the Service and may be accessed and used only by those authorized individuals who are registered with Pornupload. To open a user account, you or your company must complete the registration process by providing Pornupload with current, complete and accurate information as prompted by the registration form. In registering for the Service, you agree to submit accurate, current and complete information about you and promptly update such information. Should Pornupload suspect that such information is untrue, inaccurate, not current or incomplete, Pornupload has the right to suspend or terminate your usage of the Service. You will choose a personal, non-transferable password. User accounts cannot be "shared" or used by more than one individual.
You are also solely responsible for any and all activities that occur under your account and ensuring that you exit or log-off from your account at the end of each session of use. You shall notify Pornupload immediately of any unauthorized use of your password or account or any other breach of security that is known or suspected by you. You shall also use your best efforts to stop immediately any copying or distribution of Content that is known or suspected by you. Pornupload shall not be responsible for any unauthorized access to, or alteration of, your transmissions or data, any material, information or data sent or received, regardless of whether the data is actually received by Pornupload, or any transactions entered into through the Service or failure to abide by this Agreement. DO NOT MISUSE OR ABUSE OUR SYSTEM OR OUR SYSTEM RESOURCES (I.E. BANDWIDTH). YOUR ACCOUNT WILL BE IMMEDIATELY TERMINATED.
Account Information and Data.
Pornupload does not own any data, information or material that you submit to the Service or store in your account ("Data"). Pornupload will not monitor, edit, or disclose any information regarding you or your account, including any Data, without your prior permission except in accordance with this Agreement. Please be aware that Pornupload does provide certain user registration and statistical information such as usage or user traffic patterns in aggregate form to third parties but such information will not include personally identifying information and that your Internet protocol address is not transmitted with each message sent from your Pornupload account. Pornupload may access your account, including its Data, to respond to service or technical problems or as stated in this Agreement. You, not Pornupload, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Data and Pornupload shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data.
Activity of Account.
If user does not access his or her account for a period of one hundred and twenty (30) days or more, Pornupload may (in its own discretion) remove and/or purge user's data and account from the system. At its own discretion, Pornupload may make at least two attempts, at least fifteen (15) days prior to deletion, to alert user of the pending deletion via his/her provided e-mail address. User agrees and acknowledges that no other notification is necessary and that e-mail provides an entirely adequate, sufficient, and complete means by which notice may be given user by Pornupload. If user does not respond to Pornupload, Pornupload will deem the account abandoned and user's data may be immediately purged from the system. Pornupload advises users to please keep their accounts and contact data current and in use or they will be purged.
While Pornupload endeavors to prevent viable accounts and data from being purged prematurely, Pornupload is under no obligation to maintain abandoned accounts. User agrees that lack of activity for one hundred and twenty (30) days or more conclusively indicates that user's account is abandoned and that all data associated with the account may be deleted and/or purged.
You agree to abide by all applicable local, state, national and foreign laws, treatises and regulations in connection with the Service. In addition, without limitation, you agree not to use the Service to: (a) use information from the Service in connection with sending unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (c) transmit through or post on the Service unlawful, harassing, libelous, abusive, harassing, tortious, defamatory, threatening, harmful, abusive, libelous, invasive of another's privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (d) transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity; (e) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs, cancelbots; (f) interfere with or disrupt servers or networks connected to the Service or violate the regulations, policies or procedures of such networks; (g) attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or (h) harass or interfere with another user's use and enjoyment of the Service.
Pornupload has no obligation to monitor the Service and/or Content or any user's use thereof or retain the content of any user session. However, Pornupload reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
Pornupload, in its sole discretion, may terminate your password, account or use of the Service and remove and discard any Data within the Service if you fail to comply with this Agreement. You may terminate your user account upon notice to Pornupload at any time; however, you will not receive a refund of any portion of your fees paid to Pornupload. Upon termination by Pornupload or at your direction, you may request a file of your Data, which Pornupload will make available for a fee. You must make such request at the notification of termination to receive such file within (30) days of termination. Upon termination of an account, your right to use such account and the Service immediately ceases. Pornupload shall have no obligation to maintain any Data stored in your account or to forward any Data to you or any third party.
Except for the licenses granted herein, you have no right, title or interest in or to the Service or any Content. You agree that Pornupload or its licensors retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to the Service and Content, including, without limitation, text, images, and other multimedia data. Pornupload and/or other Pornupload products and services referenced herein are either trademarks or registered trademarks of Pornupload.
You agree that in no circumstances will copyrighted materials (for example, copyrighted music files) be uploaded and/or shared through the Pornupload service. Pornupload retains the right to terminate an account that contains copyrighted music or other copyrighted material that has not been legally obtained. In addition, Pornupload does not permit sharing copy-protected works including copyrighted music files.
You shall indemnify and hold Pornupload and its parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out of or in connection with your use of the Service (including the Content) or breach of this Agreement.
Disclaimer of Warranties.
Pornupload MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. Pornupload DOES NOT REPRESENT OR WARRANT THAT: (I) THE USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (II) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (IV) ERRORS OR DEFECTS WILL BE CORRECTED, (V) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY Pornupload.
Limitation of Liability.
IN NO EVENT SHALL Pornupload's AGGREGATE LIABILITY EXCEED THE AMOUNT ACTUALLY PAID BY YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL Pornupload BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO YOUR USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, EVEN IF Pornupload HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
Local Laws and Export Control.
Pornupload controls and operates this Service from its location in the United States of America and is subject to the United States Export Administration Laws and Regulations. Pornupload makes no representation that the Service is appropriate or available for use in other locations. If you use the Service from outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to United States law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals, nor is or will be used for nuclear activities, chemical biological weapons, or missile projects, unless specifically authorized by the United States Government for such purposes. You shall comply strictly with all United States export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
Modification to Terms.
Pornupload reserves the right to change the terms and conditions of this Agreement or its policies relating to the Service at any time and shall notify you by posting an updated version of this Agreement on the Service and/or by sending you an email message. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.