Terms & Conditions
UploadFile.org may modify, suspend, or discontinue, temporarily or permanently, the Service and may remove or delete any User Files (defined below) at any time, in its sole discretion.
Description of the Service
The Service enable users to store and send to others files that they provide ("User Files"). UploadFile.org offers several accounts types, which fall into the following categories: free, personal, and corporate. Free accounts are offered at no charge. The other account types are subscription services requiring periodic payments (monthly or annually, depending on the account type). A more detailed description of the Service, and the features associated with different account types, can be found on the Account Features Page.
You acknowledge and agree that UploadFile.org may establish revised practices and policies concerning use of the Service, including without limitation, the maximum size of the file that a user may store and send through the Service, the maximum number of days that a file will be stored by the Service, the maximum number of times a user may access the Service in a given period of time, and the maximum number of recipients to which a user may send a User File. Notwithstanding the foregoing, the features and limitations in effect when you began your then-current subscription term will remain in effect for the remainder of such subscription term.
The only software needed to access the Service is a standard Web browser. However, UploadFile.org may make certain software applications available to users that offer additional ways to access the Service. Such software will be made available by UploadFile.org under the terms of an end user license agreement, which you should read prior to installing that software.
In order to use the Service and send User Files, you must register and create a UploadFile.org account. You may create a UploadFile.org account on the Sign Up Page. Once you have created an account, you will be a "Registered User." In creating an account, you agree to provide accurate, current, and complete information.
You are responsible for safeguarding the password that you use to access the Service. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify UploadFile.org of any unauthorized use of your password. You are responsible for keeping your account information current and accurate; UploadFile.org will have no liability for failure to deliver notices that result from inaccurate account information or otherwise.
In addition to your primary email address, you will be entitled to enter alternate email addresses to which your primary address will be linked. This will enable you to receive files at your alternate email addresses, but the files will still be displayed in the inbox associated with your primary account. You agree not to add any alternate email addresses that are registered to persons other than you.
Responsibility for Data
You have sole responsibility for all User Files that you store on UploadFile.org servers through use of the Service. You acknowledge and agree that UploadFile.org will not be responsible for any failure of the Service to store a User File, for the deletion of a User File stored on the Service, or for the corruption of or loss of any data, information or content contained in a User File.
User Files and UploadFile.org’s Copyright Policy
You will not use the service to transmit, route, provide connections to or store any material that infringes any copyrights or otherwise violates or promotes the violation of the intellectual property rights of any third party. UploadFile.org has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be infringing the rights of copyright holders. Please see the UploadFile.org Copyright Policy for further information.
UploadFile.org reserves the right, in its sole discretion, at any time, to remove User Files that it believes to be in violation of this Agreement.
All right, title, and interest in and to the Service is and will remain the exclusive property of UploadFile.org and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in this Agreement, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Service.
Ownership of User Files
UploadFile.org does not claim any ownership rights in any User Files that you make available through the Service. However, by making User Files available through the Service, you grant UploadFile.org the non-exclusive, worldwide, transferable right, on a royalty-free basis, with a right to sublicense this right only to third parties assisting UploadFile.org in providing the Service, to use, copy, distribute and process User Files on the Sites and through the Service on your behalf and on behalf of your customers solely for the purposes of ensuring secure transfer and delivery of such User Files.
UploadFile.org, the UploadFile.org logo, and all other UploadFile.org trademarks, service marks, product names, and trade names of UploadFile.org appearing on the Service are owned by UploadFile.org. All other trademarks, service marks, product names, and logos appearing on the Service are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on the Service without the owner’s prior written consent.
As a condition to your use of the Service, you agree not to:
* Upload or transmit any User File: (i) that you do not have the lawful right to copy, transmit, distribute, and display (including any User Files that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Files); (ii) for which you do not have the consent or permission of each identifiable person in the User Files to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Files); (iii) that infringes or misappropriates the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity); (iv) that is false or misleading; (v) that is defamatory; (vi) that is obscene, pornographic, or offensive; (vii) that promotes bigotry, racism, hatred, or harm against any individual or group; or (viii) that violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
* Access, tamper with, or use any non-public areas of the Service or UploadFile.org’s computer systems or the technical delivery systems of UploadFile.org’s providers;
* Attempt to probe, scan, or test the vulnerability of the Service or any related system or network or breach any security or authentication measures used in connection with the Service and such systems and networks;
* Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Service;
* Harm or threaten to harm other users in any way or interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
* Send unsolicited email, junk mail, spam, chain letters, or promotions or advertisements for products or services;
* Impersonate or misrepresent your affiliation with any person or entity.
UploadFile.org will have the right to investigate and prosecute violations of any of the above, including without limitation possible infringement of any intellectual property rights and possible security breaches, to the fullest extent of the law. UploadFile.org may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that, although UploadFile.org has no obligation to monitor your access to or use of the Service, it has the right to do so for the purpose of operating the Service, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. UploadFile.org reserves the right at all times to disclose, in its sole discretion, any User Files as necessary to (a) satisfy any law, regulation, or governmental request or (b) reduce or prevent what UploadFile.org considers to be, in its sole discretion, a serious or imminent threat to your health or safety, or the health or safety of another.
The Service may contain links to third-party websites. You acknowledge and agree that UploadFile.org is not responsible or liable for: (i) the availability or accuracy of such websites; or (ii) the content, products, or services on or available from such websites. Links to such websites do not imply any endorsement by UploadFile.org of such websites or the content, products, or services available from such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites.
UploadFile.org reserves the right to discontinue the Service or to change the Service at any time and without notice, except that UploadFile.org will provide notice of such discontinuation to corporate account holders. In the event of such discontinuation by UploadFile.org, UploadFile.org will refund any fees paid by you, prorated proportionally to the amount of time remaining in the then-current subscription period. For month-to-month accounts, that period is one month, for annual accounts, that period is one year.
If you breach this Agreement, UploadFile.org will have the right to terminate this Agreement immediately, without notice, and to deactivate your account. In the event of your breach of this Agreement, UploadFile.org will not be required to refund any fees paid by you.
Disclaimer of Warranties
The Service is provided "AS-IS," without warranty of any kind, either express or implied. Without limiting the foregoing, UploadFile.org explicitly disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement.
UploadFile.org makes no warranty that the Service will meet your requirements or will be available on an uninterrupted, secure, or error-free basis. Your use of the Service is at your own risk. You acknowledge and agree that UploadFile.org will not be responsible for any damages to your computer system or the computer system of any third party that result from use of the Service.
You will defend, indemnify, and hold harmless UploadFile.org, its officers, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service, or your violation of this Agreement, including without limitation third party claims that User Files submitted to the Service by you infringe or misappropriate the intellectual property rights, privacy rights, publicity rights, or moral rights of a third party.
Limitation of Liability
In no event will UploadFile.org be liable to you or to any third party for any incidental, special, consequential or punitive damages arising out of or in connection with this Agreement or from the use of or inability to use the Service or any User Files sent through, stored by or downloaded from the Service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not UploadFile.org has been informed of the possibility of such damage, even if any limited remedy set forth herein is found to have failed of its essential purpose.
In no event will UploadFile.org’s aggregate liability to you or to any third party for any and all claims arising out of or in connection with the use of the Service exceed the lesser of (a) one hundred U.S. dollars ($100) and (b) the fees paid to UploadFile.org by you in the twelve (12) months leading up to the event giving rise to such a claim. The limitations of damages set forth above are fundamental elements of the basis of the bargain between UploadFile.org and you.
Controlling Law and Jurisdiction
This Agreement will be governed by the laws of the State of New York without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of this Agreement will be the state and federal courts located in New York County, New York, and you waive any objection to jurisdiction and venue in such courts.
This Agreement is the entire and exclusive agreement between UploadFile.org and you regarding the Service, and this Agreement supersedes and replaces any prior agreements between UploadFile.org and you regarding the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other UploadFile.org services, affiliate services or third-party content software or services.
You will not assign any rights granted to you or delegate any of your duties hereunder; any attempt to do so is void and of no effect. UploadFile.org may freely assign these Terms of Service and the rights granted hereunder without restriction. Nothing in this Agreement shall constitute a partnership or joint venture between you and UploadFile.org. In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and affect. UploadFile.org may provide you with notices, including those regarding changes to the Service by email or by postings on the Service. The failure of UploadFile.org to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. The headings and captions are for convenience only and are not to be used in the interpretation of this Agreement.
If you have any questions about this Agreement, please contact UploadFile.org at [email protected]