Terms of Service

The Site and the Service (as defined below) are offered under the terms and conditions stated in this Terms of Use (these “Terms”) together with the other agreements and documents referenced herein, including any future amendments to any of the foregoing (collectively, the “Agreement”). By using the Site and/or the Service, you agree to the Agreement. You agree the Agreement is a binding contract between you and Fileurls.com ("Fileurls.com"), the company that owns and operates the Fileurls.com website (the “Site”). If you do not wish to be bound to these Terms, then immediately stop using the Site and the Service.

1. THE AGREEMENT

You agree that no contract or agreement is formed and you have no rights to the Service, unless and until Fileurls.com has agreed to provide you the Service. You agree that Fileurls.com may amend or modify the Agreement at any time, without prior notice. The changes become effective immediately upon posting such amended or modified terms on the Site or if Fileurls.com otherwise notifies you of such amended or modified terms. You agree that, if you use the Site and/or the Service after Fileurls.com so posts or provides such notice of such amendments or modifications, you have accepted the Agreement as amended or modified. If you do not accept and abide by such amended or modified Agreement, you may not use the Site or the Service. Subject to the terms and conditions of the Agreement, agreement to the Agreement allows you to view the portions of the Site that are generally available to the public and download such portions (but only as strictly necessary to aid in the viewing of the Site and only if all copyright and other proprietary notices are duplicated) solely for the User’s personal, non-commercial uses.

2. THE SERVICE

The Fileurls.com® service is a computer file transfer and storage service offered by Fileurls.com through the Site. You understand and agree that the Service may include advertisements of third parties and from Fileurls.com. Subject to the other terms and conditions of the Agreement, agreement to the Agreement allows you utilize the Service in accordance with the applicable level specified only for your lawful purposes and only as strictly necessary to utilize the Services. Additional terms and restrictions applicable to use of Content are specified in this Agreement. Except as specifically stated in this Agreement, no other right or license is granted to you for the Site or the Service, and any other use is strictly prohibited.

3. YOUR OBLIGATIONS AND AGREEMENTS

As a condition for using the Site and/or the Service, you understand and agree:

(a) Account Information.

You will provide current, accurate, and complete information when registering for the Service. You will promptly inform Fileurls.com if any of your account information changes (such as a change of address, a change of email address, the closing of an email account, the cancellation of a credit card, etc.), and if you do not inform Fileurls.com of the change, Fileurls.com has the right to take appropriate action to protect its interests. In return, Fileurls.com will maintain the information you provide in accordance with our Privacy Policy (as amended from time to time), which is available on the Site.

(b) Use by Minors.

The Service is not available to minors. By accepting these Terms, you agree that you are capable of entering into a binding agreement.

You must comply with and not attempt to disable or circumvent any security device or procedure associated with the Site or the Service. You agree you are responsible for maintaining the confidentiality of the password you choose to use in conjunction with the Service. You may not allow anyone else to use your account without prior, written approval of Fileurls.com. You agree that Fileurls.com will not be liable for any loss you may incur as a result of someone else using your password, either with or without your knowledge. You agree not to impersonate anyone else, or falsely represent your affiliation with any other person or entity.

(d) Unlawful Use

You will not use the Site or Service, in whole or in part, for any unlawful purpose. It is not the responsibility of Fileurls.com to monitor your activities to insure compliance with any federal, state, or local laws or regulations, although Fileurls.com reserves the right to do so at its discretion.

(e) Content.

You are solely responsible for all your activities when using the Service, including, without limitation, all content you transmit through the Site or with the Service. Fileurls.com is not responsible for the content of other persons (including, without limitation, Viruses or content available through links). Fileurls.com does not have an obligation to monitor your activities, your content, or the content of other person, although Fileurls.com reserves the right to do so in its sole discretion. Fileurls.com may take any action with respect to your activities, your content, or the content of any other person as Fileurls.com deems necessary (including, without limitation, accessing, reading, preserving, disclosing, removing, or refusing to distribute the same) in order to (1) satisfy any applicable law or governmental order, (2) enforce the Agreement or investigate any potential violation of the Agreement, (3) detect, prevent, or otherwise address acts of fraud or security or technical issues, (4) respond to requests for Support Services, (5) protect the rights, property, or safety of Fileurls.com or any person or preserve any of the foregoing from liability, or (6) exercise any other right or remedy available to Fileurls.com.

(f) Interference with Others.

You will do nothing to impair the normal operation of the Site or Service, and you will do nothing to restrict or inhibit any other person from using and enjoying the Site and Service. You will do nothing that will damage or disable the Site or Service. You will not attempt to access unauthorized access to information or content belonging to any other party using the Site or Service.

(g) Prohibited Activities.

You will not use the Service to send chain letters, unsolicited commercial email (also known as spam), junk email, or other unsolicited messages; transfer any material that is protected by any patent, trademark, trade secret, copyright or other proprietary rights of any party unless you have sole ownership over that material or have received all necessary consents to distribute that material; transmit files that contain viruses, Trojan horses, worms, corrupted files, or any other software, programs, or code that may damage the operation of another's computer or the data or property of another (a “Virus”); or transmit any material that is harmful to minors. Fileurls.com may supplement this list of prohibited activities from time to time, which will be effective upon notice to you and/or posting on the Site.

(h) Disclosure of Information.

Fileurls.com, in its sole discretion, may disclose any information about you, your account, or your activities regarding the Service that Fileurls.com deems necessary to satisfy any applicable law, regulation, legal process or governmental request or enforce the Agreement. The Site and the Service is offered, stored, and processed in the United States . By using the Service, you consent to transfer of information outside of your country.

(i) Data Storage.

When using the Service, your personal data is temporarily stored on our servers as part of the normal operating process of providing the Service. Regardless of any encryption used, or other precautions taken, you understand that Fileurls.com cannot guarantee complete privacy with regard to the files you transmit over the Service. You agree that Fileurls.com has no responsibility or liability for the deletion, corruption, or failure to store any data stored or transmitted by the Service. You understand that Fileurls.com does not back up the files on the Site or through the Service, and you agree that you are responsible for keeping back-up copies of all files uploaded to the Service.

4. DMCA COMPLAINTS.

(a) Policy.

It is Fileurls.com’s policy to respond to notices of alleged infringement in compliance with the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws, which may include removing or disabling access to material claimed to be the subject of infringing activity. If Fileurls.com removes or disables access to comply with the DMCA, Fileurls.com will make a good-faith attempt to contact you so that you may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. It is Fileurls.com’s policy to document all notices of alleged infringement on which Fileurls.com acts. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing or not infringing the copyrights of others.

(b) Notice.

To file a notice of infringement with Fileurls.com, you must provide a written communication (by fax or regular mail—not by email, except by prior agreement) that: (1) identifies in sufficient detail the copyrighted work that you believe has been infringed, (2) identifies the material that you claim is infringing the copyrighted work you listed, including any file name, message ID, and/or URL of such material, (3) provides information reasonably sufficient to permit Fileurls.com to contact you (email address is preferred), (4) includes the following statement: “I have a good faith belief that use of the copyrighted materials described above on the allegedly infringing web pages is not authorized by the copyright owner, its agent, or the law,” (5) is signed by you, and (6) is sent to the address or number written below.

(c)Counter Notice.

You may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. When Fileurls.com receives a counter notification, Fileurls.com will reinstate the material in question. To file a counter notification, you must provide a written communication (by fax or regular mail—not by email, except by prior agreement) that: (1) identifies the specific file names, message IDs, and/or URLs of material that Fileurls.com has removed or to which Fileurls.com has disabled access; (2) includes your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Hasselt, if your address is outside of Belgium), and that you will accept service of process from the person who provided notification to Fileurls.com of infringement or an agent of such person; (3) includes the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result or message identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;" (4) is signed by you; and (5) is sent to the address or number written below.

5. DISCLAIMER OF WARRANTIES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND/OR THE SERVICE IS AT YOUR SOLE RISK. FILEURLS.COM AND ITS SUPPLIERS PROVIDE THE SERVICE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT. FILEURLS.COM MAKES NO WARRANTY THAT THE SITE OR THE SERVICE WILL: MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, PROPERLY STORED OR DELIVERED, ACCURATE, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. ANY MATERIAL TRANSMITTED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE TRANSMISSION OF ANY SUCH MATERIAL.

LIMITATION OF LIABILITY

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, FILEURLS.COM DOES NOT CONTROL, ENDORSE OR VALIDATE ANY TRANSMISSIONS SENT VIA THE SERVICE, THEREFORE, FILEURLS.COM SPECIFICALLY DISCLAIMS AND YOU HEREBY RELEASE FILEURLS.COM FROM ANY LIABILITY RESULTING FROM YOUR USE OF THE SITE, PARTICIPATION IN THE SERVICE, YOUR INABILITY TO USE THE SERVICE, OR THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE. IN NO EVENT SHALL FILEURLS.COM AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, LOSS OF DATA OR LOSS OF PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF FILEURLS.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, FOR ANY CONTENT OR MATERIALS OBTAINED THROUGH THE SITE, THE SERVICE, OR OTHERWISE ARISING OUT OF THE SAME, THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL STATEMENTS OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY, OR ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICE. REGARDLESS OF THE INCIDENT, IN NO CASE SHALL FILEURLS.COM BE LIABLE FOR MORE THAN THE CURRENT MONTH’S FEES PAID, IF ANY.

SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY, SO THE FOREGOING DISCLAIMERS LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

Without limiting the foregoing, under no circumstances shall Fileurls.com or its suppliers be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

INTELLECTUAL PROPERTY RIGHTS

Except as stated herein, you acknowledge that Fileurls.com owns all right, title, and interest in and to the Site and Service, including, without limitation, all content and intellectual property rights therein, which are protected by Belgian and international intellectual property laws. Fileurls.com is a service mark and Fileurls.com® is a federally registered service marks of Fileurls.com, Inc. Other product and company names mentioned herein may be the trademarks or service marks of their respective owners. You agree that you will not in any way, directly or indirectly copy, reproduce, produce, distribute, transmit, alter, modify, or create derivative works of the Site, the Service, or any content therein. Any rights not expressly granted herein are reserved.

GENERAL

(a) Choice of Law; Venue.

You agree that this agreement shall be governed by the laws of Belgium , EUROPA You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Hasselt, Belgium in all disputes arising out of or relating to the use of the Site or Service.

(b) Beneficiaries.

You are not a beneficiary of any obligation Fileurls.com owes to a third party, and no other person is a beneficiary of any obligation Fileurls.com owes to you.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fileurls.com as a result of the Agreement, or the use of the Site or Service.

(d) Indemnification.

You agree to indemnify and hold Fileurls.com, its owners, subsidiaries, affiliates, officers, directors, and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct in the use of the Site and/or Service.

(e) Severability.

If any provision of the Agreement is held to be invalid or unenforceable including, but not limited to, the warranty disclaimers and liability limitations set forth above, then such provision shall be struck and the remaining provisions shall be enforced.

(f) No Waiver.

Fileurls.com’s failure to act with respect to a breach by you or others does not waive Fileurls.com’s right to act with respect to subsequent or similar breaches.

(g) No Assignment.

You may not assign or transfer any right or duty under the Agreement, including, without limitation, the Service, and any attempt to the contrary is void.

(h) Integration; Amendment.

The Agreement is the entire understanding and agreement between you and Fileurls.com with respect to the subject matter hereof. When in conflict, these Terms control over other provisions of the Agreement. Except as specified herein, no amendment may be made to the Agreement unless the same is in writing and signed by an authorized representative of Fileurls.com.

(i) Headings.

The section titles in these Terms are for convenience only and have no legal or contractual effect.

(j) Copies.

A printed version of this agreement shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.