TOS

FilesMonster.com

1. Right for Filesmonster services use. Only private persons and structural sub-units (as companies), that have proper legal status, which allows to make legally obligatory contracts in compliance with used laws, can use our services. User confirms the fact, that he has right to private business in compliance with used jurisdiction laws (during the period of this Agreement validity), is not the FilesMonster company competitor, and also states confirming this Agreement that he is over 18 years old and has right as client to make contracts, that have obligatory power.
2. FilesMonster services. FilesMonster offers its services to Client on conditions that Client engages follow this agreement. In the context of this Agreement:
   • Client (or you) is private person or structural sub-unit, including its employees and agents, that uses or will use services;
   • FilesMonster services means internet or interactive services offered by FilesMonster;
   • When Client purchases FilesMonster services, he automatically agrees with the "Terms and regulations of the usage of the Premium access to the data obtaining" and "Return policy".
   FilesMonster Online has right anytime to change or to stop any of these services.
3. Possession and right possession. You confirm that all materials (except for uploaded by users files), shown on this web-page, including information, documentation, goods, logotypes, graphic, sounds, GUI, soft and services (named Materials), offered by FilesMonster or third persons-authors, developers, suppliers (named Middlemen), belong to FilesMonster and/or Middlemen. Web-page elements are copyright and can not be copied or rendered completely or partially. FilesMonster, FilesMonster logotype and other mentioned in this Agreement goods are FilesMonster trademark and can be registered within some jurisdictions. Other goods names, companies names, marks, logotpes, and symbols can be trademarks of the corresponding owners.
4. Client information. Client must give FilesMonster right, exact and full information about himself as for registration form questions. Client agrees to update in time and keep his information in right , exact and full condition. Client agrees to receive service news, information about new services and actions arranged by FilesMonster service. If you give wrong, inaccurate, old or unfull information, FilesMonster has right to stop or cancel your registration or this Agreement.
5. Client account.
   • Authorised users. Client can appoint person empowered to act for you, who will have the right to use Services, subject to mentioned people have the right to make contracts for Client, that have obligatory power. More over, Client realizes and confirms that registered person, empowered to act for Client (Authorised user), has Client's juridical rights.
   • Access responsibility. Client is responsible for all and any attempts to access Services and Services usage (including all actions and transactions) by Authorised or Identified users, registered in Clients account, except for cases when Services access and usage is the result of FilesMonster negligence. Client must, regardless user authorization, given by system administrator, supply access to any Authorized by Client User.
   • Responsibility for users identification and passwords. Client is responsible for keeping confidential the information of access to his account (account identification and Authorized Users passwords), also is responsible for actions made by his account.
   • Voluntary transfer of login and password of a privileged account. Customer agrees that the voluntary transfer of login and password of a privileged account (premium - account) to others is a direct violation of these rules. FilesMonster reserves the legal right to suspend or cancel the privileged status of the account.
   • Notification about unapproved usage. Cient must notify right away in case of his account or information was used unapprovely. This notification include:
     • Client's order or orders confirmation, that was placed using Client account, that Client did not place; Or other contradictory iformation;
     • Client is notified about any unapproved goods and services usage relating to his account.
6. Client information. Client has a special duty and is responsible for the information, that he keeps on FilesMonster service. Client controlls his information with the help of generated for him link. FilesMonster recommends to its Clients to archive often their information.Client is responsible for information archivation and has a special duty to any lost and irreplaceable information. Client agrees to keep his information in accordance to his juridical duties. FilesMonster will delete Client's information after this Agreement expiration.FilesMonster has right to keep Client's information in its archives after its deleting, and has no duties to Client for keeping this information.
   • Special circumstances. FilesMonster will give services and information access to Client's Authorized person (Authorized agent), who will give FilesMonster notarially attested letter signed by Client's Authorized person. This letter must include assurance of authenticity, power and duties necessary for FilesMonster services usage. Client agrees that FilesMonster can rely on this letter and on reasonably suggested powers of person, who asks access to Client services and account. Not at any price FilesMonster is responsible to Client or third person for the trust to this letter and Authorized person.
7. Allowable usage. You agree not to use FilesMonster services with the purpose of:
   • Uploading, placing, sending by e-mail, passing or any other way of publishing the information that contains terrorist propaganda, spreading kindling of international, racial, or religious war, showing violence or death, zoophilia, incest; In case we will consider this information serious enough, it will be given to correspondent law enforcement and/or members of ISP.
   • Harm-doing to persons under age in any way, including any ways of child pornography; In case of violation User will be permanently removed from the FilesMonster service. In case we will consider this information serious enough, it will be given to correspondent law enforcement and/or members of ISP.
   • Uploading, placing, sending by e-mail, passing or any other way of publishing the information that breakes rights of any part to any patent, trade mark, commercial secret, copyright and any other rights of property.
   1. Illegality. Information for adults.FilesMonster does not sanction and does not allow web-sites, that contain illegal materials, also any other ways of showing illegal or offensive materials or information, that induce to illegal actions, including gambling, illegal weapon sale, propaganda or publishing of the materials that can break law about sex and race.

      FilesMonster has the right to stop immediately without notification your registration or transaction, that breakes this Agreement.

      Besides, if Client breakes Agreement FilesMonster will help to law enforcement and government to gather and pass the information about Client, Client's web-site, illegal or offensive materials, persons who can get access, take possession or usage of illegal or offensive materials.
   2. Criminal behavour. Client must not do or allow criminal or destructive actions, including, but not limiting, publishing discreditable, scandal or private information relating to any person, without agreement of the last one, or do moral damage to anyone.
   3. Access and interference. Invasion or attempts of invasion of FilesMonster informative system, or attempts to make influence to FilesMonster ability to make services, is stricktly prohibited and is of criminal and civil responsibility. Examples of breaking FilesMonster informative system include following, but not limited:
      • Forbidden FilesMonster services access, that includes attempt to probe, test system availability, attempts to break informative system protection of web-site without FilesMonster permission.
      • Invasion of the process of making services to any Client or users, that include, but not limited, flood routing or attemptes to overload the system;
      • Usage of device, soft, programm code in the purpose of invasion of the process of making services;
      • Any action that destroy FilesMonster infrastructure.
      Client does not have the right to decompile, disassemble, home in, reconstruct or in other way try to find out the sourse code of programm tools (including utilities, methods, proccess and infrastructure), that is the base of FilesMonster software.
   4. Breaking the intellectual property and trade marks law. FilesMonster services can be used only in legal goals. Passing, spreading or keeping of any materials that break applied laws or resolutions, including laws about export regulation, is stricktly prohibited. This, without limitations, includes materials that are protected by licenses, copyrights, trade marks, service marks, commercial secrets and other rights of intellectual property. Client must get preliminary Author's agreement in case of using his materials. Using Services, you declare that you are the Author and owner of author's rights and/or the owner of neccessary licenses of using this materials, you also declare and guarantee that your materials do not break trade marks and other third persons rights. FilesMonster has the right immediately to stop or finish transaction, that to FilesMonster mind breakes this Agreement, or any law or resolution.
   5. Abuse of system resources. Client undertakes not to abuse of FilesMonster system resources, that includes, but not limited, usage of information, that keeps huge volume of CPU memory or influences on our system capacity; resale of the access to the information that is placed on FilesMonster servers.
   6. Other activity. According to the law or not, FilesMonster has the right to decide what is harmfull for its Clients' activity or reputation, that includes any actions that limit or prevent from services or Internet usage by other users. Please, notice that in case of any account or information breakes any of mentioned above rules, FilesMonster hat the right to close the registration and information transfer. If neccessary, FilesMonster will make a complaint to correspondent juridical structures. In this case FilesMonster will help law enforcement in investigation and criminal prosecution of this actions, that means divulging of Client's account information.
   Complaints about persons, who break our Rules, are accepted by e-mail: crabuse@filesmonster.com. Each complaint will be viewed and in dependence on the results, can lead to stopping any user activity without preliminary notification.
8. Lack of guaranties. You understand and agree that:
   • You use services at your own risk. FilesMonster services are offered as they are and as much as they are available. FilesMonster and its representatives, to the allowed by law limits, relieve themself of responsibility for any guaranties, including the guarantee of legal title, correspondence of user goal, guarantee of commercial aptitude and guarantee of the lack of the third persons' rights breaking. FilesMonster and its representatives do not guarantee accuracy, reliability, finishing, timeliness of the Services, soft or onformation.
   • FilesMonster does not guarantee:
     • Services will correspond to your demands;
     • Services will be offered continuously, fast, effectively and without mistakes;
     • Services usage results will be exact and effective;
     • Quality of any product, service, information or other materials, that you get using our services will correspond to you expectations;
     • Any soft mistakes will be corrected.
   • Risks. Any downloaded materials, or materials you get by any other way using our Services, you use at your own discretion and risk, and you are exclusively responsible for any lost of materials and any other damage, that can be done to your computer system in the result of downloading these materials.
   • Guaranties. No consultation or inforamtion, written or verbal, that you get using Services, is not a guarantee, beside straight guaranties that this Agreement gives.
   • Responsibility relief. You are agree to pay the damages, including reasonably neccessary payment of juridical services, and relieve FilesMonster, its branch offices, managment, employees, agents from responsibility for any complaints and demands on the base of Services usage; or your breaking of this Agreement or other FilesMonster policies, statements and terms.
   • Responsibility limitation. You use FilesMonster services at your own responsibility. If you are not satisfied of any aspect of out Services or this user Agreement, or any other rules, you has the right to stop using the Services. You are agree that FilesMonster is not responsible for any direct, indirect, side, oblique or penal damages, including besides, damages as the result of lost profit, lost reputation, lost information or other non-material damages (even in case we've got the notification about possibility ofthese damages) that are the result of:
     • Services usage or impossibility of usage;
     • Neccessity to pay again unsuitable goods or services, that you got while using Services;
     • Unapproved access or making changes in your information or data;
     • Statements or actions of any third part within services;
     • Any other event, that relates to Services.
   • Changing Usage Terms and Conditions Agreement. We have the right anytime to change this Usage Terms and Conditions Agreement. We also have the right anytime to change or stop services with preliminary notification or without it, for any period or termless. You are agree that FilesMonster does not have a special duties to you or any third part for any changing, stopping or Services cessation. You admit that we can set general rules and limitations of Services usage, including maximum size of disk space for you on FilesMonster servers, maximum number of appeals (and their maximum duration) to the Services during certain period of time. You also admit that FilesMonster has the right without preliminary notification to change Services usage price. Changing Services usage prices takes effect after finishing expiry date of present Client subscription.
   • Stopping the registration. FilesMonster does not limit itself in the right to give immediate warning, to stop, (for uncertain period or temporarily) to close the access and stop offering Services to teh Client, or delete the Client's account, also to refuse offering service to the Client in future in case of:
     • FilesMonster suggests that Client broke or did not do any aspect of this Agreement or any other FilesMonster contracts or instructions;
     • Client's services non-payment or any other debts relating FilesMonster;
     • FilesMonster can not determine the identity of the Client information;
     • FilesMonster suggests that Client actions can cause juridical responsibility of the Client, other FilesMonster Clients or FilesMonster.

     FilesMonster has the right anytime to stop offering services or part of it with preliminary notification or without it. You are agree that stopping access to Services according to any point of this Agreement can take into effect without preliminary notification, and also you are agree that FilesMonster has the right to deactivate, archieve or delete your account and all the information and data that relates to it and/or refuse to give access to these data or Services. Besides, you are agree that FilesMonster is not responsible to you or any other third part for stopping your access to Services.

     While breaking of this Agreement by Client or FilesMonster, all Client privileges, said in the Agreement, and FilesMonster duties about Services offering, are immediately canceled.
   • Features after breaking. Paragraphs:
     • 6. Client information
     • 8. Lack of guaranties
     • and this Paragraph
     is effective after Agreement breaking.
   • If general information is invalid, court must bring to effect expectancies of the parts, said in this statement, and other statements of this Agreement continue to act in full way. Points titles serve only for convenience and in no way determine, limit, explain, or describe spectrum or steps of the Agreement point. FilesMonster impossibility to take measures as for breakings made by Client or other persons, does not deprive FilesMonster of its right to take measures as for next or simular breakings. Any demand or suit, brought by Client as for any of the point of this Agreement must be started during 12 months from the moment of the demand appearence or suit reason.
     1. Legal relationship. Client and FilesMonster are independent contractors. This Agreement does not include and create such forms of legal relationship with Client as institution, company, joint business, working legal relationship, trafe legal relationship.
     2. Rights passing. According to the terms of this Agreement, Client does not have right to pass any of his rights or place his duties on other persons. Any attempts to pass the right will not have legal power.
     3. Force-major circumstances. Our activity as for offering Services can be broken by different uncontrolled by us factors. We are not responsible for any delays, or impossibility to offer Services in the result of the direct or indirect reasons that does not depend on us.
     4. Interpretation. If any statement of this Agreement is taken as invalid, this statement must be evaded with minimal damage of the parts interests, and other statements of the Agreement are effective in full way. Points titles of the Agreement serve only for convenience and in no way determine, limit, explain, or describe spectrum or steps of the Agreement point.
     5. FilesMonster Information confidentiality. You declare and guarantee to FilesMonster company following:
        • You are not FilesMonster competitor;
        • You undertake not to give away the information and not to do available the materials, that relate to preparing for sale software, tests and methods of testings;
        • You undertake not to use the information, that you got in the result of FilesMonster web-site access, and FilesMonster Services in the purpose of making FilesMonster competitor.
     6. Exceptions. Excepting the statements and terms, publshed on the web-site, this Agreement regulate full understanding and agreement between us as for the discussed subject.
9. Additional information
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     Contact

   • Owner, DMCA contact information. If you have any questions that relate to FilesMonster juridical statements and polices, address crabuse@filesmonster.com.

     Contradictory files will be immediately deleted. More over, they will be added to special filter, that does not allow to upload them in future. In case you find these files write to our abuse department and send exact link to the file.

     By mail:
     

     

     Fax: +44 207 5262070

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