and other terms and conditions of use which are incorporated herein by reference and may be posted and applicable to specific services,
governs your use of the Fileover.Net website, is a LEGALLY BINDING CONTRACT, and are collectively referred to as the "Agreement".
By using this website or by checking the box next to "I agree to the Terms of Service, Acceptable Use, Privacy, Refund and Cancellation Policies", you are signifying that you have read the Agreement, that you understand the Agreement, and you agree to be bound by all of the terms of the Agreement. IF YOU DO NOT FULLY AND COMPLETELY AGREE TO THE TERMS OF THE AGREEMENT AND YOU, AS A RESPONSIBLE USER, CHOOSE TO CONTINUE THE SUBSCRIPTION REGISTRATION PROCESS, YOU WILL BE BOUND TO THE TERMS AND CONDITIONS OF THE AGREEMENT.
Fileover.Net may modify the Agreement which will become effective immediately upon posting on the website. Your continued use of the website and any associated services, the "Services", indicates your acceptance of the Agreement. If you are dissatisfied with anything related to the Fileover.Net website, your sole remedy is to discontinue use of the Services. You use the Services of Fileover.Net at your own risk.
You acknowledge that the Services contains various materials and content, without limitation, the "Content", provided either by Fileover.Net, third party authors, developers and vendors and the underlying intellectual rights, copyright and trademarks are owned by Fileover.Net and /or its contributors and may not be copied in whole or in part. All Content on the Services is copyrighted as a collective work of Fileover.Net pursuant to applicable copyright law. You may download, copy and make personal, non-commercial use of the Content permitted by the United States Copyright Act and not otherwise prohibited by any applicable law, rule or regulation, provided that you maintain all copyright and other notices contained in such Content, and provided that you shall not retain or store any significant portion of any Content. You will comply with laws regarding transmission of data.
You are responsible for maintaining the confidentiality of your access information and are responsible for all activities that occur utilizing your information. Although Fileover.Net will not be liable for any losses you might suffer, you may be liable for the losses of Fileover.Net or others.
Fileover.Net does not represent or endorse the accuracy of any Content and you acknowledge your use of Content is at your sole risk. Fileover.Net may, in its sole discretion, correct any errors or omissions in any Content. Fileover.Net Content may contain links to external sites; however, Fileover.Net is not responsible for any availability of or the content on or through any external site.
You are solely responsible for your interactions with other users of the Services. Any views expressed on the website do not reflect the views of Fileover.Net.
Fileover.Net reserves the right to determine what is harmful to its users, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the Services. Complaints about violators of our policies should be sent to firstname.lastname@example.org. Each complaint will be investigated and appropriate action will be taken.
Fileover.Net may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any feature, database, or Content, without prior notice or liability.
Fileover.Net may contain links to third party websites. By use of the Services, you expressly relieve Fileover.Net from any and all liability arising from your use of any third-party website.
Light patterns, like those displayed when using the Services, may result in epileptic seizures in some people. Discontinue use of the Services, if advised by your physician or you experience epileptic symptoms.
Premium Account Terms and Conditions
You agree to pay all account charges and any applicable taxes and other fees that accrue in relation to your use of the Service. The following payment methods are accepted at this time: PayPal and Webmoney.
If you sign up for a Premium account, you will receive certain benefits not provided to users of Fileover.Net free service. Those benefits are described on Fileover.Net Premium Account web page. Fileover.Net charges a fee for providing a Premium account. The fees may vary depending on the duration of the account, the benefits provided, and other factors. You agree that Fileover.Net has the right to revise the benefits provided to Premium account holders and the fees charged for any type of Premium account, with or without prior notice. However, Fileover.Net will not substantially reduce the benefits provided nor change the fees charged to any user during the period for which that user has previously signed up and paid for a Premium account. Fileover.Net may also begin charging fees for services currently provided for free, at any time, with or without prior notice. Fileover.Net may, without compensation or proration, terminate your account in the event of nonpayment or dispute of payment or if you violate any terms or conditions of this Agreement.
Refund requests are handled on a case-by-case basis. If you feel you are due a refund, contact Fileover.Net by email at email@example.com
Fileover.Net Sharing is not a data warehousing service. Its intended use is for active file sharing which may inadvertandtly result in backups of files being shared. Accounts with large amounts of stagnant data `collecting dust` or accounts with very limited Sharing activity may, in Fileover.Net sole discretion and without notice, be removed from the service.
You may upload on the Services Content created by you or for which you have received express permission from the owner so that other users may view and download said Content. You assume all risk and liability for the Content you upload. You grant, transfer and assign to Fileover.Net and its successors, assigns and licensees a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, translate and archive the Content, FOR THE SOLE PURPOSE OF ENABLING US TO MAKE YOUR CONTENT AVAILABLE THROUGH THE SERVICE.
If your copyrighted or trademarked works are on the Fileover.Net website without your permission, please contact firstname.lastname@example.org describing the work that has been infringed, where it is located on the website, and provide your contact information and a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the owner, or authorized by the owner, of the copyrighted or trademarked work. Illegal files will be removed immediately after notice with sufficient information.
You control your data through your free or Premium account and/or cookies which may be placed on your computer. Fileover.Net maintains multiple copies of active files. Fileover.Net bears no responsibility for maintaining your data indefinitely.
Additional Terms and Conditions
NEITHER Fileover.Net NOR ANY PROVIDER OF ANY THIRD PARTY CONTENT WARRANTS THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR MAKE ANY WARRANTY OF THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES OR CONTENT. BOTH THE SERVICES AND CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER Fileover.Net NOR ANY THIRD PARTY MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES OR CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICES.
NEITHER Fileover.Net NOR ANY THIRD PARTY WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICES WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU AGREE THAT YOU ASSUME ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES AND THE ACCURACY AND COMPLETENESS OF THE CONTENT. Fileover.Net IS NOT RESPONSIBLE OR LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT OR FOR ANY VIOLATION OF ITS TERMS OF SERVICE.
You agree to indemnify, defend and hold Fileover.Net and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors harmless from and against any and all claims, liability, losses, damages, costs and expenses, including attorneys fees, incurred by any Fileover.Net Party in connection with any Content or use of the Services, whether via your password and by any other person, whether or not authorized by you. Fileover.Net reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Fileover.Net's defense of such claim.
NEITHER Fileover.Net NOR ANY THIRD PARTY PROVIDER SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Fileover.Net AGGREGATE LIABILITY TO YOUR OR ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Fileover.Net AND YOU. IN STATES NOT ALLOWING EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, Fileover.Net AND ANY THIRD PARTY PROVIDER SHALL BE LIMITED TO THE GREATEST EXTENT OF THE LAW.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions posted on the Services, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. If any provision of this Agreement is held invalid, illegal or unenforceable in any respect, (i) such provision shall be interpreted in such a manner as to preserve, to the maximum extent possible, the intent of the parties, (ii) the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and (iii) such decision shall not affect the validity, legality or enforceability of such provision under other circumstances.