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File43.com Terms and Conditions of Use
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I. General Provisions
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These terms and conditions are hereinafter referred to as the Terms and Conditions of Use.
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Other definitions used in the Terms and Conditions of Use:
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1. User – individual using File43.com, irrespective of whether such person uploads any data (files) to the site.
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2. File43.com site (or the Site) – collection of web pages hosted under the File43.com domain name, consisting of the File43.com site located at the home page https://file43.com, in particular enabling the upload to such site of files, aimed amongst others at making such files available to other users.
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3. File – file uploaded to the site by a user; formats, permissible file size and other characteristics are dependent on the site’s current functionality (current data concerning this can be found at https://file43.com in the site functionality section).
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4. Account – account created by a user of File43.com. A User may use an account (functionality provided by the account) only after registering and activating the account. Account activation occurs through clicking on the activation link sent by the File43.com system in an e-mail. A User with an active account (account after registration and activation) may always, at times when File43.com is accessible, change the account password through logging in to the user account and submitting the appropriate change password request.
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5. User Profile – space on File43.com containing information on a user which has been voluntarily provided by said user, appropriate to the functionality available at a given time on File43.com. A user profile is only available to users with active accounts.
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II. Principles for use of File43.com
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1. The Terms and Conditions of Use define the general principles for use of File43.com, enabling users in particular to upload files free-of-charge. The Terms and Conditions of Use also define users’ rights and obligations and also the rights, obligations and scope of liability of File43.com Administrator. The principles for the operation and functionality of File43.com are described in detail on File43.com (in particular in the FAQs section).
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2. The following is essential for correct use of File43.com: possession of appropriate hardware enabling internet access and possession of software necessary to view internet content. An essential condition for registration on File43.com is possession of an e-mail address (this concerns only users wishing to set up an active account on the site).
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3. All users are required to observe the provisions of the Terms and Conditions of Use.
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4. File43.com is entitled to all rights to the site, including in particular copyrights (with exclusion of rights to files uploaded by users).
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5. Users have the right to the following under use of File43.com on the principles defined in the Terms and Conditions of Use and the generally binding provisions of law:
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1. to download files from the Site which have been uploaded to the Site by themselves or by other users in accordance with the available functionality of the Site, with stipulation that the user has the right to free-of-charge download of files not exceeding 500MB in size, as well as their own files (files uploaded by a user who has registered and activated his/her account on File43.com denoted by a user login).
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2. to upload files and provide descriptions thereof in accordance with the Site's available functionality, provided that the maximum size of the user's private files cannot exceed 500MB;
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3. to place links to the Site or to files uploaded to the Site on other sites or web pages, on discussion forums or any other web services and to make such links publically available on the internet in any other manner (e.g. via e-mail, instant messaging services).
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6. Expression by the user of consent to the provisions of these Terms and Conditions of Use is a condition for use of File43.com. Use of File43.com by a user denotes that such user has carefully read the Terms and Conditions of Use, accepts the Terms and Conditions of Use and expresses consent to the provisions thereof. Use of File43.com by a user, consisting of uploading specific files or other content on the Site, denotes that the user certifies that he/she has the right to upload such files or other content on File43.com. The consequences of such actions, in particular a lack of appropriate right or authorisation, are borne exclusively by users committing illegal acts.
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7. Liability for the results of user actions consisting of the upload of files, folders or other content to File43.com shall be borne exclusively by such user. In the event that any entity raises claims against File43.com for upload by a given user of defined files, folders or other content to File43.com, the user shall be required, at the request of File43.com or such entity, to fulfil its justified claims. The user’s obligations defined in this point concern a situation where third party claims under this point shall be a direct consequence of a user’s actions or omissions concerning upload of defined content on the Site.
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8. Users using File43.com through uploading specific files or other content assure that they are entitled to all rights, including in particular author’s copyrights, that through their actions they are not violating the rights of third parties and that they are legally empowered to take such actions.
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9. Subject to sec. 5, point 1 hereof, File43.com does not receive remuneration from users for use of File43.com. Users are not entitled to any remuneration for use of File43.com.
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10. A user may use File43.com through registering and activating an account or without registering and activating an account. File43.com makes differentiation in the functionality of File43.com for users depending on whether they have registered and activated an account on the site. Users who have not registered and activated an account in accordance with the Terms and Conditions of Use may use the service as an anonymous user (without permanent designation reserved for them). Users who have not registered and activated an account in accordance with the Terms and Conditions of Use may not upload private files to the Site or download files exceeding 500MB in size. Users who have registered and activated an account in accordance with the Terms and Conditions of Use may in particular administer their files and folders, download files exceeding 500MB in size subject to sec. 5, point 1 of the Terms and Conditions of Use, or use the Site in any other manner. The right to make other differentiation in Site functionality is reserved dependent on whether a user is a registered user with an active account (current information concerning this is available at https://file43.com in the Site Functionality section).
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11. Activation of an account should be performed within 7 days from the date on which a user is registered on the site. In the event of non-activation of an account within the aforementioned deadline, File43.com reserves the right to delete the account.
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12. Both provision of data necessary for registration on File43.com and use of services available on File43.com are voluntary.
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13. After account activation, users may delete their File43.com accounts by clicking on the "Delete Account #1 (without files - your files will stay on our servers till they expire)" or "Delete Account #2 (with files - your files will be permanently deleted alongside with your account)" link (under Main Menu >> Account Settings).
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14. Data uploaded by a user shall be available on the site immediately after its upload by a user. File43.com however stipulates that a delay is possible.
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15. In the event of a user registering an account on File43.com, the e-mail address given is used exclusively by File43.com to:
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a. send the account password to the user at the e-mail address given (at the user’s request),
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b. provide contact between File43.com and the user in issues connected with File43.com (in particular to notify the user of changes taking place on the Site, news etc.),
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16. The user of a given account is responsible for all actions connected with use of the password to such account. In the event of a password being established for a defined file or folder, the user who uploaded the file or created the folder on the Site or created said password is responsible for all actions. In particular, the user is responsible for facilitating access to the password for a given account, file or folder to selected third parties. Making passwords to an account, file or folder available to anyone is prohibited. The password to an account, file or folder constitutes confidential information for the exclusive information of users. File43.com suggests that users choose a password which cannot be guessed by other persons or computer programs.
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17. Only one person (user – account creator) may use an account. Facilitation of access to the account to third parties is prohibited and constitutes violation of these Terms and Conditions of Use. In the event of such violation being discovered, File43.com is authorised to block the user’s account.
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18. All File43.com users are required to use the Site in accordance with these Terms and Conditions of Use, the principles of social coexistence, social and customary norms and the principles of “netiquette”. The following are prohibited (and are acknowledged as violation of the provisions of this point of these Terms and Conditions of Use):
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a. uploading content which is of a promotional or advertising nature (in particular adverts for a user’s own or another person’s business, services or products, uploading links to other sites, uploading any type of material with addresses to other sites), in as far as the principal objective of such content is advertising or promotion; uploading illegal content to the site, violating the principles of social coexistence, generally accepted social and customary norms (in particular it is prohibited to upload content which incites racial, religious or ethnic hatred, content which is pornographic in nature, content which promotes fascism, communism or Nazism, content which approves, propagates or promotes violence, offending religious sentiments),
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b. impersonation of other persons,
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c. any type of violation of the rights of third persons or parties, e.g. third party intellectual property rights, including third party copyrights (users may upload exclusively files to which they hold the appropriate rights or have obtained consent for publication thereof on File43.com) and third party personal interests, including also rights to likeness, good name, honour (distribution of individuals’ likenesses without acquiring the appropriate consent of such persons, in as far as such consent is required by law, is prohibited),
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d. other user behaviour which is obviously at variance with legal order, the principles of social coexistence, social and customary norms or the principles of “netiquette”, including behaviour consisting of significant above-average load on File43.com servers or connections, hacking or attempted hacking of File43.com IT systems, including attempted hacking of user accounts, viewing files or folders to which the user does not have access (e.g. does not know the access password or does not know unique URL to the file).
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19. Users using the Site declare that they are aware that potential deletion of an account established by them, a file uploaded by them or entire folder with files or other content is equivalent to their being notified of intent to delete an appropriate account, file, folder or other content with consideration to violation of the provisions of these Terms and Conditions of Use, including in particular point 18 a-d of the Terms and Conditions of Use or with respect to the receipt of official notification or acquisition by File43.com of reliable information concerning the illegal nature of an uploaded file or other content or for other reasons resulting from the provisions of law or the Terms and Conditions of Use, on the basis of which File43.com has the right to delete an account, file, folder or other content. Irrespective of the above, File43.com is entitled to take further steps provided for by law, including to make notification to appropriate state authorities established to prevent and prosecute crimes.
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20. File43.com declares that it applies all due care in ensuring that Site is available without interruption and ensuring that the services provided thereunder are of the highest possible level. However, File43.com does not exclude the possibility that Site may be temporary inaccessible in the event of it being necessary to conduct repairs or maintenance of the systems supporting such site and in connection with the necessity for these to be upgraded or expanded.
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21. In the event of an interruption or temporary suspension of access to File43.com which can be anticipated, in as far as is possible and when justified File43.com shall inform users of such events with appropriate prior notice through publishing appropriate information on the home page of File43.com (https://file43.com).
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22. File43.com shall provide tools on Site for users to send File43.com information concerning violation of the law, the terms and conditions of use, violation of good customs, the norms of social coexistence etc. For this purpose, File43.com shall provide users with the possibility to report such violations through a mechanism available on File43.com: “Report illegal files”. Users should use this mechanism in every case of user activity which is obviously illegal or contrary to the Terms and Conditions of Use. File43.com shall also make an e-mail address available to users in order to report activities which are illegal or contrary to the Terms and Conditions of Use ([email protected]).
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23. All communications regarding error reporting, queries and ideas for improvements to the Site should be sent to admin#File43.com.
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24. File43.com declares that security features used to protect File43.com do not guarantee the safety of information transfer. At the same time, File43.com declares that it applies all due care in providing users with a high level of security concerning use of the Site. All events which may have an impact on information transfer safety, including also those concerning suspicion that files containing viruses and other similar files or other content of a similar nature aside from files are made available, notification should be made to [email protected]. File43.com recommends that you maintain up-to-date antivirus or other security software when accessing the internet, including when you use File43.com. In order to obtain further information concerning internet security, File43.com recommends that a user requests such information from suppliers of such IT services. File43.com is not liable, in the widest sense permissible by law, for damages borne by users in using File43.com.
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25. Information describing the functionality of File43.com is available at https://file43.com, in particular in the “FAQs” section. File43.com reserves the right to alter File43.com site functionality in order to improve the File43.com user experience without the necessity to provide users with prior information concerning this.
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26. Irrespective of File43.com entitlements provided for in the Terms and Conditions of Use concerning deletion of files, folders and other content, File43.com declares that it may delete files, folders and other content in the following instances:
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a. if more than 30 days have passed since the last download of a public file uploaded to the Site by a registered user,
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b. if more than 30 days have passed since the last download of a public file uploaded to the Site by a non-registered user,
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c. if more than 30 days have passed since the last download of a private file uploaded to the Site by a registered user,
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d. if more than 30 days have passed since the last download of a private file uploaded to the Site by a non-registered user.
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File43.com may also delete the user’s account and the files located therein if more than 90 days have passed since the user’s last login.
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27. File43.com does not provide or ensure storage and archiving on the Site of files, folders and other content uploaded by users to the Site through such files, folders and other content being located on File43.com servers. Files, folders and other content may be deleted by File43.com at any time on the principles defined in these Terms and Conditions of Use, including also as a result of interruption in provision by File43.com of Site services in the instances referred to in the Terms and Conditions of Use. File43.com also reserves the right not to publish files, folders or other content, at any time, in the event of violation of the provisions of law or the principles defined in the Terms and Conditions of Use, including as a result of interruption in provision of File43.com services. For this reason, File43.com advises against a user uploading files to File43.com without the user simultaneously keeping a copy of such files, folders or other content if the content uploaded is of particular value to the user. Irrespective of other provisions of the Terms and Conditions of Use expressly excluding File43.com liability or permitting File43.com to take defined actions through which File43.com liability is excluded for such actions, File43.com does not bear liability, in the widest sense permissible by law, for:
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a. improper use of File43.com by users and for damage arising from such use,
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b. content uploaded by users to File43.com, including in particular files, folders and other content and damage arising from such content,
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c. violation by users of third party rights through use of File43.com, including in particular through violation of the personal rights or copyrights of third parties,
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d. events resulting from making the password to an account, file or folder available to a third party or also as a result of a third party acquiring such data without the knowledge or will of the user for reasons not attributable to File43.com,
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e. deletion at any time of a given user account, file or other content uploaded by the users for reasons defined in the Terms and Conditions of Use,
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nbsp; f. under all free services made available on the site, File43.com does not bear liability for the non-functioning or incorrect functioning of File43.com in the widest sense permissible by law; File43.com declares that it shall apply all due care to ensure that periods of non-operation or incorrect functioning of File43.com do not take place or are limited to an absolute minimum.
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28. Comments and reservations concerning File43.com should be sent to admin#rapidshare.com.cn.
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29. File43.com declares that all files and other content uploaded to File43.com is registered by File43.com, together with the IP addresses from which upload has been made. File43.com declares that each time an authorised state authority appointed to detect, prevent or prosecute crime approaches File43.com, File43.com shall make appropriate data connected with the functioning of File43.com available to such authority, including data concerning the IP address of the user who has uploaded a given content element or otherwise made use of File43.com. In this respect, File43.com acts exclusively in accordance with the appropriate provisions of law binding on File43.com to provide such data.
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30. File43.com declares that, in order to ensure the highest level of services on File43.com, it makes use of information saved by the server on the user’s computer, which is subsequently read on each connection from a given IP address (cookies). A user may at any time turn off the option to receive cookies, however this may cause difficulties in using File43.com.
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31. The Terms and Conditions of Use are available at https://file43.com.
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32. File43.com reserves the right to amend the Terms and Conditions of Use. In the event of amendment of the Terms and Conditions of Use, File43.com shall inform users of such amendment through publishing a consolidated text of the amended Terms and Conditions of Use on the Site alongside the current text together with information on the amendment. The amendment of the Terms and Conditions of Use is binding on the user after lapse of 14 days from the date on which notification of the amendment has been made in accordance with the preceding sentence. Use of the Site by the user after this time shall be equivalent to the user accepting the new content of the Terms and Conditions of Use.
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