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Terms of Services
Revision date: 04/21/2009
All services provided by File-Hero.com ("File-Hero.com") may be used for lawful
purposes only. Transmission, storage or presentation of any information, data or
material in violation of any United States federal, state or city law is
prohibited. This includes, but is not limited to: copyrighted material, material
we judge to be threatening or obscene, or material protected by trade secret and
other statute. The subscriber agrees to indemnify and hold harmless
File-Hero.com from any claims resulting from the use of service which damages
the subscriber or any other party.
Prohibited are sites that promote any illegal activity or present content
that may be damaging to File-Hero.com' servers, or any other server on the
Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
pirated software
hacker programs or archives
Warez sites
Definition of Account(s)
File-Hero.com is developing a pay-to-use and free-to-use account system. Until such system is in place,
all refrences to "Account(s)" shall be defined as any content coming from any single IP address.
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES,
PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES,
YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY AND YOUR IP ADDRESS BANNED, WITHOUT NOTICE. ADDITIONALLY,
IF APPLICABLE, File-Hero.com WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
Server Abuse
Any attempt to undermine or cause harm to a server or customer of File-Hero.com
is strictly prohibited. As our customer you are responsible for all your
accounts. Should you violate the Terms of Services outlined within, your account
will be cancelled without chance of refund, and your IP banned from
file-hero.com.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole
discretion.
All sub-networks, distributive hosting sites and dedicated servers of
File-Hero.com must adhere to the above policies, with the exception of system
resources in respect to dedicated servers.
Relating to planned expansion
Currently, all File-Hero.com services are free of charge. The sections below shown in light gray text serve
as placeholders for future planned expansion to our networks.
Billing
By the Account Activation Date of each month, File-Hero.com shall either:
(1) debit the client's credit card (when such information has been provided
by the client); or
(2) deliver, by e-mail or regular mail, an invoice in accordance with the
applicable Service Fees for services rendered for the current month. When an
invoice is delivered to the client, payment shall be remitted to File-Hero.com
by no later than the specified payment due date. File-Hero.com shall be entitled
to immediately terminate this agreement for client's failure to make timely
payments. You will be provided with an invoice on a monthly basis. All credit
cards are billed automatically on a monthly basis. It is the client's
responsibility to ensure that they have sufficient credit to cover this
transaction. In the event that there is insufficient credit, we will send an
e-mail notification, at which point we will need to be provided with another
credit card account number within 24 hours. If we do not receive a response
within 24 hours, the account, and all accounts under that account plan, will be
suspended.
Cancellation Refunds
We DO NOT refund partial monthly fees to accounts. We require 30 days notice for
a cancellation.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole
discretion.
Limitation of Liability
File-Hero.com shall not be responsible for any claimed damages, including
incidental and consequential damages, which may arise from File-Hero.com '
servers going off-line or being unavailable for any reason whatsoever.
Furthermore, File-Hero.com shall not be responsible for any claimed damages,
including incidental or consequential damages, resulting from the corruption or
deletion of any file from a server of File-Hero.com. All damages shall
be limited to the immediate termination of service.
Violations
Violations of these Terms of Service should be referred to
support@file-hero.com. All complaints will be investigated promptly. Failure to
follow any term or condition will be grounds for immediate account deactivation.
Disclaimer
File-Hero.com cannot be held liable for system down time, crashes or data loss.
We cannot be held liable for any predicated estimate of profits which a client
would have gained if the site was functioning. Moreover, File-Hero.com holds no responsibility for the use of
our clients' accounts. Failure to comply with any terms or conditions will
result in the automatic deactivation of the account in question. We reserve the
right to remove any account, without advance notice for any reason without
restitution, as File-Hero.com sees fit.
Account Activation
By activating your account with File-Hero.com, you agree to the above policies
and disclaimer. Upon requesting activation of an account, you are required to
accept these policies, guidelines and disclaimer, and a copy of your acceptance
is forwarded along with your activation request to be maintained with your
account information.
NOTICE: If you sign up for an account and fail to comply
with these terms, no refunds will be given. We will, however, advise you by
e-mail or phone prior to taking any action to provide you with an opportunity to
correct the problem.
Server Uptime Guarantee
Although File-Hero.com has an excellent record for reliability, we do not offer
an uptime guarantee. However, our network and servers are monitored
continuously, and are rarely down except for scheduled maintenance and hardware
and software upgrades.
File-Hero.com reserves the right to amend any or all of the above policies,
guidelines and disclaimer without notification. We also retain the right to
increase any pricing and make changes to our account plans without notification.
