Effective Date: July 2, 2016
By accessing the Site or registering for or using the Services, you agree to these Terms in their entirety.
You understand that we are providing you with a premium proxy service ("Proxy") service, which includes, but is not limited to, the use of servers, transport, routers, IP addresses and other equipment and protocols to transmit information over our network (the "System"). You agree to abide by these Terms with respect to your use of the Service.
2.1 Accuracy. By registering for our Services, you represent and warrant that all information you submit to us is true, accurate, current and complete and that you will promptly notify us if your information changes.
2.2 Privacy. You may browse the Site without providing us with any personal information; however, to use our Services, you must register with us and submit certain personally identifiable information.
FiLeFab grants you a personal, limited, non-transferable, non-exclusive license to use FiLeFab Site content and the Services, solely for your personal, private and non-commercial use in connection with the FiLeFab Services accessed by you. This license is personal to you, and you may not resell our Services, permit other users access to our Services through your account, or use the Services or our System to host content for others. You may not copy or download any content from the FiLeFab Services except with the prior written approval of FiLeFab.
Furthermore, without the prior written approval of FiLeFab, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of Site content or Services. Any commercial use is expressly prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to the Site. Your rights are subject to your compliance with these Terms as well as any other agreements applicable to the FiLeFab Services you are using.
Making unauthorized copies or distribution of Site content may result in the termination of your FiLeFab account, prohibition on use of FiLeFab Services, and further legal action.
We may add to, change or remove any part of these Terms, at any time without prior notice to you other than listing of a later effective date than the one set forth at the top of this policy. Such modification shall be effective immediately upon posting at the Site. As your next visit to a Site or use of the Services may be governed by different Terms, we encourage you to look for a new effective date on these Terms when you visit the Site or use the Services. It is your responsibility to check these Terms periodically for changes. If we make any material changes to these Terms, we will endeavor to provide registered users with additional notice of any changes, such as at your e-mail address of record, when you log-in to your account, or when you log-in to the Services.
Your use or continued use of the Site or Services following the posting and/or notice of any changes to these Terms or any other posted policies shall constitute your acceptance of the changed Terms or policies.
You may not access or use the Site or Services if you are unable to form a binding, legal agreement with FiLeFab. You affirm that you are over the age of 18. You assume all responsibility for your use of, or access to, the Site or Services.
Accounts are for single user, individual use only. Any non-individual use or multiple-party use is prohibited. For example, the following uses are prohibited under this section:
FiLeFab enforces a zero-tolerance SPAM policy regarding information transmitted through our network. FiLeFab may determine in its sole discretion whether any transmissions are considered SPAM. SPAM includes, but is not limited to, the following:
Bulk unsolicited e-mail, promotional material, or other forms of solicitation sent via e-mail that advertise any IP address belonging to FiLeFab or any URL (domain) that is hosted by FiLeFab.
The use of web pages set up on ISPs that allow SPAM-ing (also known as "ghost sites") that directly or indirectly reference customers to domains or IP addresses hosted by FiLeFab.
Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.
If FiLeFab determines that you have posted one or more articles of spam, we may cancel your account immediately and take steps to prevent you from using our network at any time thereafter.
FiLeFab may, with prior notice, change the fees it charges you for accessing the Services at any time. All prices are quoted for one user on one device. You agree that all fees charged by FiLeFab for accessing the Services will be automatically charged to your payment account on file with FiLeFab, at the time of any automatic renewal of your subscription for Services. To view our current subscriptions, payment terms and fees, go to http://filefab.com/.
If you are less than 100% satisfied with the FiLeFab service, we will gladly refund your payment if the refund is requested within five (5) days from the date of the purchase. Requests made later than the 3 day purchase date will not be honored. If you participated in a free trial promotion or received a trial account prior to being charged for a subscription, you will not be eligible for a refund payment.
We do not control, and we are not responsible for, any data, content, services, or products (including software) that you access, download, receive or buy while using the Services. We may, but do not have any obligation to, block information, transmissions or access to certain information, services, products or domains to protect the Services, our network, the public or our users. We are not a publisher of third-party content accessed through the Services and are not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties as accessible through the Service.
FiLeFab is not liable for the loss, corruption, alteration or removal of any content transmitted using our Services or on our System. By using our Services, you expressly waive the right to seek damages and agree to hold FiLeFab harmless for any such loss, alteration, corruption or removal.
FiLeFab may also at any time modify or discontinue, temporarily or permanently, all or any part of the Services or your account, with or without notice, and you agree that FiLeFab will not be liable to you or any third party for any such modification, suspension or discontinuance. Our Services are not intended to be used in countries where offering or providing the Services is illegal.
FiLeFab respects the intellectual property rights of others and expects that you do the same. It is our policy to terminate in appropriate circumstances the accounts of subscribers who infringe the copyrights of others. You may not upload, download, post, publish, transmit, reproduce, or distribute in any way, files, material, information, software or other material obtained through the System that is protected by copyright or other proprietary right or derivative works with respect thereto, without obtaining permission of the copyright owner or other right holder. Additionally, you shall not upload, download, post, publish, reproduce, transmit or distribute in any way any component of the System itself or derivative works with respect thereto.
You agree to comply with all applicable laws and regulations in connection with your use of the Services. You may not use our Services, or our Software or System, to post or transmit any illegal material, including without limitation any transmissions that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation. In particular, the following is a representative, non-exhaustive list of acts that are prohibited:
By using our Services, you affirm that you are at least 18 years of age, or otherwise over the age of majority in the jurisdiction in which you reside. You understand that the Internet may contain information which may be offensive, may be illegal in various jurisdictions or may be inappropriate for certain ages and that FiLeFab is not responsible for detection and removal of such information. In accordance with the Children's Online Privacy Protection Act (COPPA) and associated rules, we do not knowingly collect or maintain any personal information from children under 13.
You acknowledge and agree that you are solely responsible for protecting your password and other personal information and for the consequences of not protecting these data. Access to the System, our Services, the Internet, and to certain online transactions involves the use of identification numbers, passwords, payment accounts or other individualized nonpublic information ("Private Documentation"). You shall use your best efforts to prevent unauthorized use of our Services, the System or of any Private Documentation, and shall promptly report to FiLeFab any suspected unauthorized use or other breach of security. You shall be responsible for any unauthorized use of your identification numbers or passwords until we receive written notice of a breach of security and a request to block further access for such numbers and passwords. FiLeFab shall not be liable for any unauthorized use of payment accounts. Account sharing (e.g. allowing others to use your account information to access the Services) is not permitted.
Actual service coverage, speeds, locations and quality may vary. FiLeFab will attempt to provide the Services at all times, except for limited periods for maintenance and repair. However, the Services may be subject to unavailability for a variety of factors beyond our control including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, limited or curtailed. Delays or omissions may occur. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Services or communications services or networks. We may impose usage or Services limits, suspend the Services, or block certain kinds of usage in our sole discretion to protect users or the Services. The accuracy and timeliness of data received is not guaranteed.
YOUR USE OF THE SITE AND SERVICE IS AT YOUR SOLE RISK. THE SITE, ALL SITE INFORMATION AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NONINFRINGEMENT, AVAILABILITY OR ACCURACY OF INFORMATION. FiLeFab DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE AVAILABLE, WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. FiLeFab DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR SERVICE, IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, FiLeFab'S WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE AND SERVICES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.
UNDER NO CIRCUMSTANCES WILL FiLeFab, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS ("FiLeFab PARTIES") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, SITE OR CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, OUR SITE OR CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITE AND SERVICES.
IF, NOTWITHSTANDING THE FOREGOING, ANY OF THE FiLeFab PARTIES IS FOUND TO BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE OR LOSS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE, SERVICE, SOFTWARE OR ANY CONTENT THEREIN, THE FiLeFab PARTY'S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID FiLeFab FOR YOUR USE OF THE SERVICE; AND (B) THE SUM OF ONE HUNDRED (100) US DOLLARS.
You agree to defend, indemnify and hold the FiLeFab Parties harmless from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or relating to any violation of these Terms by you; any content or material you submit or otherwise transmit through our System or Services; or your violation of any rights of another. FiLeFab reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you. This Section shall survive termination of these Terms.
These Terms shall be automatically renewed for successive one-month periods, until canceled by you or by FiLeFab. FiLeFab may deny or restrict your access to all or part of the System without notice in its reasonable discretion if it deems that you have engaged in any conduct or activities that FiLeFab in its reasonable discretion believes violates the letter or spirit of any of these Terms. If FiLeFab denies or restricts your access to the Services because of such a violation, you shall have no right to obtain any refund or credit for the subscriptions fees you have paid.
Entire Agreement. These Terms, along with any rules, guidelines, or policies published on the FiLeFab homepage constitute the entire agreement between FiLeFab and you with respect to your use of our Site Services. If there is any conflict between the Terms and any other rules or instructions posted on the Site or Services, the Terms shall control.
Amendments. No amendment to these Terms by you by shall be effective unless acknowledged in writing by FiLeFab. Notwithstanding the foregoing, FiLeFab reserves the right, in its sole discretion, to modify these Terms or the policies referenced herein at any time as set forth above.
Limited Time to Bring Claim. Subject to any applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our Site or Services must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred.
Severability. If any portion of these Terms is found to be unenforceable or invalid for any reason, that provision will be limited or eliminated to the minimum extent necessary so that the rest of these Terms will otherwise remain in full force and effect.
Assignment. You may not assign its rights or obligations under these Terms without the prior written consent of FiLeFab, which may be withheld in FiLeFab's sole discretion.
Non-Waiver. FiLeFab's failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.