The Agreement constitutes the entire and only agreement between you and FileHost.pw with respect to your use of the Website and Services (as defined below) and supersedes all prior or existing agreements, representations, warranties and/or understandings with respect to your use of the Services, the Website, the content contained therein and/or any other products and services provided by or through same. Please review the Agreement carefully. If you do not agree to the terms of service contained within the Agreement in its entirety, you are not authorized to use the Website or Services in any manner or form whatsoever.
FileHost.pw provides its users with an infrastructure, which enables the user to save electronic files on Internet servers. It is absolutely not permitted to save files whose possession and/or distribution is illegal. The files saved with FileHost.pw are treated confidentially. FileHost.pw does not provide any search function with which the FileHost.pw infrastructure can be searched. FileHost.pw does not scan or open the files of its users. The files are not catalogued nor listed in tables of contents. Only the owner of the account has the possibility to allow access to his files.
Images, videos and files that violate copyrights, trademarks and the Terms Of Service are not permitted. Equally, illegal content including but not limited to underage,zoo, cruelty will result in an immediate account termination and reporting to the relevant agencies. FileHost.pw will also block the access and remove such content after having been notified. Users must agree to comply with all laws which apply to their location, including copyright and trademark laws. We ask users to submit notices to FileHost.pw of instances where it is believed that content has been uploaded and copyright infringement has occurred. Please refer to our policy for the exact process. FileHost.pw reserves the right to disable direct linking on accounts that are using excessive bandwidth or abusing the system.
FileHost.pw is not liable for its users images, videos or files or any lost business due to the unavailability or loss of the website. FileHost.pw makes no claims of reliability in serving, hosting or storing your images, videos or files.
Where you select one of the Premium Memberships, your account will be charged the amount as listed at http://www.filehost.pw/premium.html. This amount will recur after the membership period expires at the quoted rate. Such fees will be charged in advance. You acknowledge and agree that FileHost.pw will not be required to obtain any additional authorization from you for this recurring payment. Every time you use the Premium Membership, you are authorising FileHost.pw or the reseller to charge your account as per the quoted rates. These chargeable Items quoted above shall be referred to collectively as the "rate." All Fees will appear on your account as applicable. FileHost.pw reserves the right to change its Billing Provisions whenever necessary at its sole discretion. Continued use of the Services after receipt of such notice shall constitute consent to any and all such changes. FileHost.pw authorization to provide and bill for the Premium Services is obtained by way of your electronic signature or where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. FileHost.pw reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures. Where you fail to make any scheduled payment for accrued Fees, such overdue amounts will be ubject to interest charges in the amount of one and one half percent (1.5%) per month compounded monthly. Your Premium Member Account may be deactivated, and access to the Website and/or Services denied due to non-payment. The term "unlimited storage" is used at http://filehost.pw/premium.html. This term refers to realistic limits as defined by us and does not refer to truly unlimited storage.
You may cancel your Membership at any time if you are not completely satisfied. If you are enrolled in a recurring payment plan, please contact us by email to cancel your Membership. Visit your Member Account area at the Website and utilize the options made available. Alternatively, email us at [email protected]. If you are not enrolled in a recurring payment plan and wish to cancel your Membership, simply cease using the Website and applicable Services. You understand and agree that cancellation of your Membership is your sole right and remedy with respect to any dispute with FileHost.pw. The following conditions apply to any Premium Membership cancellation:
We may amend the Agreement from time to time at our sole discretion without specific notice to you. The latest Agreement will be posted on the Website, and you should review the Agreement prior to using the Website. By your continued use of the Website and/or Services, you hereby agree to comply with and be bound by all of the terms of service contained within the Agreement effective at that time. You should therefore regularly check this page for updates and/or changes. Unless stated otherwise, any future offer(s) or product(s) made available to you on the Website that augment(s) or otherwise enhance(s) the current features of the Website shall be subject to the Agreement. You understand and agree that FileHost.pw is not responsible or liable in any manner whatsoever for your inability to use the Website, become a Member or use the Services.
The Website and Services are available only to individuals that are at least eighteen (18) years of age and that can enter into legally binding contracts under applicable law.
In order to obtain Standard Services and/or Premium Services, you must first submit the applicable registration form ("Application") to FileHost.pw for review and initial approval. FileHost.pw reserves the right, in its sole discretion, to deny the Application of anyone at any time and for any reason, whatsoever.
Anonymous Services: The Anonymous Services are available to end-users without registration.
Premium Services: The information that you must supply on the Website in order to obtain Premium Services may include, without limitation: (1) your e-mail address; (2) your Facebook account ID, but only where you request Facebook Connection Services; (3) your Account (as defined below) information (depending on your preferred means of payment) and (4) any other information requested by us on the Application.
General: You agree to provide true, accurate, current and complete Registration Data as necessary, in order to maintain it in an up to date and accurate fashion. FileHost.pw will verify and approve all Applications in accordance with its standard verification procedures. If FileHost.pw approves your Application to become a Standard Member or Premium Member, you can set up your account ("Account") by selecting your: (i) user name; and (ii) password. You can access your Account at the Website using your user name and password, and change your password and user name at your discretion. You are responsible for maintaining the confidentiality of your Account, user name and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur through use of your Account, user name and password including, without limitation any and all purchases made there through.
FileHost.pw may reject your Application and/or terminate your Membership at any time and for any reason, in our sole discretion. Such reasons may include, without limitation: (a) where FileHost.pw believes that you are in any way in breach of the Agreement; and (b) where FileHost.pw believes that you are at any time, conducting any unauthorized activity through your Membership.
Website users that possess the requisite technology shall have the opportunity to: (a) utilize the "Anonymous Services" in order to: (i) upload small size content files at regular speeds to the Website; (ii) via the Website's functionality, generate a Uniform Resource Locator through which such FileHost.pw Content will be accessible to that Anonymous Member and any third party with which the Anonymous Member shares the FileHost.pw URL; and (iii) utilize limited storage capacity for FileHost.pw Content. (b) upon submitting an Application and receiving FileHost.pw approval, utilize the "Standard Services" in order to: (1) upload larger FileHost.pw Content files to the Website and at faster speeds; (2) via the Website's functionality, generate transferable FileHost.pw URLs; (iii) utilize expanded storage capacity for FileHost.pw Content; (3) use the Website's "File Manager" functionality to zip, unzip, move, copy, delete, password protect and otherwise modify the FileHost.pw Content files and FileHost.pw URLs; and (4) upon such Standard Member's request, distribute the FileHost.pw URLs through such Standard Member's Facebook account ("Facebook Connect Services"); and (c) upon submitting an Application and receiving FileHost.pw approval, utilize the "Premium Services" for a fee in order to: (1) upload the largest FileHost.pw Content files permitted to the Website at the fastest speeds available; (2) via the Website's functionality, generate transferable FileHost.pw URLs; (iii) utilize the maximum storage capacity for FileHost.pw Content; (iv) use the Website's File Manager functionality to zip, unzip, move, copy, delete, password protect and otherwise modify the FileHost.pw Content files and FileHost.pw URLs; and (v) upon such Standard Member's request, distribute the FileHost.pw URLs through Facebook Connect Services. Items (a) through (c) in the preceding sentence, including the Facebook Connect Services and File Manager features, shall be referred to herein collectively as the "Services." FileHost.pw will not be liable in any respect for lost, stolen or misdirected FileHost.pw Content, for any failure to secure or protect FileHost.pw Content and/or for failure use the File Manager features properly. You should keep copies of all FileHost.pw Content submitted to the Website. You understand and agree that FileHost.pw is not responsible or liable in any manner whatsoever for your inability to utilize the Services including, but not limited to, the File Manager features.
FileHost.pw operates the Website and Services as a neutral party, and, FileHost.pw does not regularly monitor, regulate or police the use of the Website and/or Services by any of its Members. The use of the Website and/or Services by a Member or otherwise does not constitute an endorsement by, FileHost.pw of that Member. FileHost.pw is not responsible or liable for the acts, omissions, agreements, promises, content, Content, links, other products, services, comments, opinions, advice, statements, offers and/or other information made available by, or related to any Member or other third party.
As a Member, you may refer additional Members (each, a "Referral") to, FileHost.pw. Where such Referrals submit Applications for Premium Membership and where FileHost.pw accepts the application of the applicable Referrals ("Successful Referral"), the referring Member shall receive certain bonus payments from FileHost.pw ("Referral Payments"). The Referral Payments shall only be available to Members whose Accounts are in good standing. All determinations regarding Referrals and associated Referral Payments shall be made by FileHost.pw at its sole discretion. You understand and agree that FileHost.pw is not responsible or liable in any manner whatsoever for your inability to qualify for Referral Payments.
As a user of the Website, you are granted a non-exclusive, non-transferable and limited license to access and use the FileHost.pw Website, Services and associated content. FileHost.pw may terminate this license at any time for any reason. Unless otherwise expressly authorized by FileHost.pw, you may only use the FileHost.pw Content for your own personal, non-commercial use. No part of the FileHost.pw Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect FileHost.pw Content except as expressly permitted by FileHost.pw. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer FileHost.pw Content or any portion thereof. You may not create any "derivative works" by altering any aspect of the FileHost.pw Content. You may not use the FileHost.pw Content in conjunction with any other third-party content. You may not exploit any aspect of the FileHost.pw Content for any commercial purposes not expressly permitted by FileHost.pw. You further agree to indemnify and hold harmless FileHost.pw for your failure to comply with this Section. FileHost.pw reserves any rights not explicitly granted in the Agreement.
The FileHost.pw Content, organization, graphics, design, software, services and other matters related to the FileHost.pw Content are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the FileHost.pw Content is strictly prohibited. You do not acquire ownership rights to any FileHost.pw Content through the Website. The posting of information or material at the Website does not constitute a waiver of any right.
Member hereby represents and warrants to FileHost.pw that the Agreement constitutes a Member's binding obligation which is fully enforceable against the Member in accordance with its terms.
You agree to indemnify and hold FileHost.pw and it`s staff/providers harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the FileHost.pw Content in any way; (b) your breach of the Agreement; (c) the FileHost.pw Content; and/or (d) your violation of any rights of another individual and/or entity.
You expressly understand and agree that: a. Your use of this Website is provided on an "as is" and "as available" basis. FileHost.pw expressly disclaim all warranties of any kind.
You expressively understand that FileHost.pw and it`s Affiliates, Officers, Employees, Partners and Providers shall not be liable for any direct or indirect damages or service related issues.
Any attempt by any individual whether or not a FileHost.pw customer to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Website and/or Services is a violation of criminal and civil law and FileHost.pw will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent by law.
To the extent that anything associated with the Website is in conflict or inconsistent with these Terms of Service, these Terms of Service shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
