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.
Free Service Usage; Fair Use Policy.
Pornupload provides the Free Service as an accommodation to you, and reserves
the right to terminate your Free Service at anytime without notice.
The Free Service and all software associated with it is for PERSONAL, NON-COMMERCIAL
USE ONLY, AND EACH CUSTOMER IS LIMITED TO ONE (1) FREE Pornupload ACCOUNT. If
you intend to use the Service for commercial use, or you or your company desire
more than one (1) Free Pornupload account, then you must, and you agree to, upgrade
to a paid Service. Notwithstanding our Privacy Policy, Pornupload has the right
to disclose the email address and domain of Free Service Customers in order
to monitor compliance with and enforce the limitations set forth in this paragraph.
In addition, Pornupload is permitted to audit your use of the Free Service and
any associated software by providing no less than five (5) days prior written
notice of its intention to conduct such an audit at your facilities during
normal business hours. If Pornupload ultimately determines, in its sole discretion
and whether or not it has conducted an audit, that you have violated the foregoing
limitations on the Free Service or any associated software, Pornupload reserves
the right to immediately terminate your Service and to collect from you the
amount you would have been required to pay for our Plus Service during the
period of your non-compliance. You agree to pay this amount to Pornupload, plus
Pornupload's cost of conducting any audits that, in Pornupload's sole discretion,
reveal non-compliance.
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.
Non-Transferable Membership.
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.
Restrictions.
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.
User Accounts.
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.
User Responsibilities.
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.
User Conduct.
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.
Termination.
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.
Proprietary Rights.
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.
Copyrighted Material.
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.
Indemnification.
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.
Additional Rights.
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.