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Filistics Terms of Service

This is a legal agreement between you and Filistics ("Filistics"); please read it carefully. By using or accessing this website or any website hosted at Filistics.com (the "Sites"), or by accessing or using any part of the Filistics proprietary file transmission services (together with the Sites, the "Service"), you agree to be bound by these Terms of Service and by the Filistics Privacy Policy, which are collectively referred to as the "Agreement". If you do not agree to these terms then you have no right to access or use the Service. The terms of this Agreement, as modified by Filistics from time to time in accordance with the next paragraph, will govern all your future use of the Service.

Filistics may revise these Terms of Service and the Privacy Policy from time to time. Each revision will be marked with a revision date and will be posted on the Sites. Filistics recommends that you review this page from time to time to note any changes. By continuing to access or use the Service, you agree to be bound by any Terms of Service and Privacy Policy in effect at the time of such access or use. If you do not agree to the modified terms then you must cease using the Service.

Filistics may modify, suspend, or discontinue, temporarily or permanently, the Service and may remove or delete any User Files (defined below) at any time, in its sole discretion.

Last Updated: 01-Jan-09

Description of the Service

The Service enable users to store and send to others files that they provide ("User Files"). Filistics offers one accounts type, at this time: personal. Free accounts are offered at no charge. The personal account type is a subscription service requiring periodic payments (monthly).

You acknowledge and agree that Filistics may establish revised practices and policies concerning use of the Service. Notwithstanding the foregoing, the features and limitations in effect when you began your then-current subscription term will remain in effect for the remainder of such subscription term.

The only software needed to access the Service is a standard Web browser.

Accounts

In order to use the Service and send User Files, you must register and create a Filistics account. You may create a Filistics account on the Sign Up Page. Once you have created an account, you will be a "Registered User." In creating an account, you agree to provide accurate, current, and complete information.

You are responsible for safeguarding the password that you use to access the Service. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Filistics of any unauthorized use of your password. You are responsible for keeping your account information current and accurate; Filistics will have no liability for failure to deliver notices that result from inaccurate account information or otherwise.

Responsibility for Data

You have sole responsibility for all User Files that you store on Filistics servers through use of the Service. You acknowledge and agree that Filistics will not be responsible for any failure of the Service to store a User File, for the deletion of a User File stored on the Service, or for the corruption of or loss of any data, information or content contained in a User File.

Proprietary Rights

All right, title, and interest in and to the Service is and will remain the exclusive property of Filistics and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in this Agreement, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Service.

Ownership of User Files

Filistics does not claim any ownership rights in any User Files that you make available through the Service.

Trademarks

Filistics, the Filistics logo, and all other Filistics trademarks, service marks, product names, and trade names of Filistics appearing on the Service are owned by Filistics. All other trademarks, service marks, product names, and logos appearing on the Service are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on the Service without the owner's prior written consent.

Third Party Functionality

Certain features and functionality of the Service are implemented through use of software or technology that is licensed to Filistics by third parties, and incorporated in the Service.

General Prohibitions

As a condition to your use of the Service, you agree not to:

  • Access, tamper with, or use any non-public areas of the Service or Filistics's computer systems or the technical delivery systems of Filistics's providers;
  • Attempt to probe, scan, or test the vulnerability of the Service or any related system or network or breach any security or authentication measures used in connection with the Service and such systems and networks;
  • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Service;
  • Harm or threaten to harm other users in any way or interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
  • Send unsolicited email, junk mail, spam, chain letters, or promotions or advertisements for products or services;
  • Impersonate or misrepresent your affiliation with any person or entity.

Filistics will have the right to investigate and prosecute violations of any of the above, including without limitation possible infringement of any intellectual property rights and possible security breaches, to the fullest extent of the law. Filistics may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that, although Filistics has no obligation to monitor your access to or use of the Service, it has the right to do so for the purpose of operating the Service, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. Filistics reserves the right at all times to disclose, in its sole discretion, any User Files as necessary to (a) satisfy any law, regulation, or governmental request or (b) reduce or prevent what Filistics considers to be, in its sole discretion, a serious or imminent threat to your health or safety, or the health or safety of another.

Links

The Service may contain links to third-party websites. You acknowledge and agree that Filistics is not responsible or liable for: (i) the availability or accuracy of such websites; or (ii) the content, products, or services on or available from such websites. Links to such websites do not imply any endorsement by Filistics of such websites or the content, products, or services available from such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites.

Scheduled Maintenance

Filistics performs system maintenance on a regular basis to ensure high quality of service. Filistics uses commercially reasonable efforts to ensure that the Service is available for use during this time.

Disclaimer of Warranties

The Service is provided "AS-IS," without warranty of any kind, either express or implied. Without limiting the foregoing, Filistics explicitly disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement.

Filistics makes no warranty that the Service will meet your requirements or will be available on an uninterrupted, secure, or error-free basis. Your use of the Service is at your own risk. You acknowledge and agree that Filistics will not be responsible for any damages to your computer system or the computer system of any third party that result from use of the Service.

Indemnity

You will defend, indemnify, and hold harmless Filistics, its officers, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service, or your violation of this Agreement, including without limitation third party claims that User Files submitted to the Service by you infringe or misappropriate the intellectual property rights, privacy rights, publicity rights, or moral rights of a third party.

Limitation of Liability

In no event will Filistics be liable to you or to any third party for any incidental, special, consequential or punitive damages arising out of or in connection with this Agreement or from the use of or inability to use the Service or any User Files sent through, stored by or downloaded from the Service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not Filistics has been informed of the possibility of such damage, even if any limited remedy set forth herein is found to have failed of its essential purpose.

In no event will Filistics's aggregate liability to you or to any third party for any and all claims arising out of or in connection with the use of the Service exceed the lesser of (a) one hundred U.S. dollars ($100) and (b) the fees paid to Filistics by you in the twelve (12) months leading up to the event giving rise to such a claim. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Filistics and you.

Controlling Law and Jurisdiction

This Agreement will be governed by the laws of the State of Nevada without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of this Agreement will be the state and federal courts located in Las Vegas, Nevada, and you waive any objection to jurisdiction and venue in such courts.

Entire Agreement

This Agreement is the entire and exclusive agreement between Filistics and you regarding the Service, and this Agreement supersedes and replaces any prior agreements between Filistics and you regarding the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Filistics services, affiliate services or third-party content software or services.

General

You will not assign any rights granted to you or delegate any of your duties hereunder; any attempt to do so is void and of no effect. Filistics may freely assign these Terms of Service and the rights granted hereunder without restriction. Nothing in this Agreement shall constitute a partnership or joint venture between you and Filistics. In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and affect. Filistics may provide you with notices, including those regarding changes to the Service by email or by postings on the Service. The failure of Filistics to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. The headings and captions are for convenience only and are not to be used in the interpretation of this Agreement.