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Terms of Service
Terms of Service Agreement and Privacy Policy for accessing and/or subscribing to Filebam, a subsidiary of "Filebam".

The Filebam site is a file hosting provider and is provided by "Filebam" on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, "Filebam" makes no representations or warranties, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. "Filebam" shall have no liability for any interruptions in the use of this web site.

Limitation of Liability

Filebam shall no be held liable for any damages whatsoever, and in particular, Filebam Hosting Service shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Filebam has been advised of the possibility of such damages.

Indemnification

You agree to use all "Filebam" and facilities at your own risk. "Filebam" specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall "Filebam" be liable for any loss, or loss of data, or other commercial damage, including but not limited to incidental, consequential, stated or other damages. By accepting this agreement and accessing filebam, you agree to waive and hold "Filebam" harmless from any claims relating to any action taken by "Filebam". Customer agrees that it shall defend, indemnify, save and hold "Filebam" harmless from any and all demands, liabilities, losses, costs, claims, including reasonable attorney's fees asserted against "Filebam", its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees, or assigns.

Eligibility

FileBam Membership is void where prohibited. Once you have created an account, you will be a "Registered User." Registered Users are limited to one free account per person. You may also upgrade to a "Premium" account by paying a membership fee, in which case you are entitled to one free account (in addition to your Premium account).

Disclaimer Regarding Information Provided by Members

Postings, messages, text, files, images, photos, video, sounds, zip files or other uploaded and hosted materials ("Content") posted on, transmitted through, or linked from the Filebam Hosting Service Service, are the sole responsibility of the person from whom such "Content" originated. Consequently, you, the member are entirely responsible for all "Content" that you post or otherwise make available via the Filebam Hosting Service Service. Filebam Hosting Service is not responsible for, Content made available through the Service, and that by using the Filebam Service, you may be exposed to Content that may be deemed offensive, indecent, inaccurate, misleading, or otherwise objectionable.

Storage and Other Limitations

To preserve the quality of service, Filebam reserves the rights to remove files from its servers as follows:

Anonymous uploads
Filebam will remove anonymous uploads after 7 days of inactivity (inactivity = no download) in a row. Every download resets the 7-day counter.

Free registered accounts
If the registered user account is active then files will be removed after 30 days of inacticity (no download) in a row. Every download will reset the 30-day counter. If a registered user account is inactive (inactive = not logging in) for 30 days in a row, the registered users files will become an anonymous uploads and be deleted within 7 days of inactivity and the account may be disabled.

Paid accounts (premium)
Premium user uploads will remain online during the duration of the subscription. If a premium subscription is cancelled, files over 100MB will be removed and the account is turned into a free account once the term has ended.

Third Party Sites

Filebam may include links to third party sites on the Internet that are solely owned and operated by online retail merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. Concerns should be addressed by directly contacting the third-party administrator or webmaster.

Governing Jurisdiction of the Courts

Our web site is operated and provided in the State of California as such, we are subject to the laws of the State of California, and such laws will govern this Terms of Services Agreement, without giving effect to any choice of law rules. We make no representation that our web site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the laws applicable to and enforceable in the State of California.

Compliance with Laws

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any illegal material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Notification of Claimed Copyright Infringement

It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you are the owner of the copyright or intellectual property that violates copyright infringement.

Copyright and Intellectual Property Statement

Notifying Filebam of Violations:

If you believe that copyright infringement or intellectual property rights have been violated, please provide Filebam with the following information:

  • » an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • » a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • » a description or url on Filebam where the material that you claim is infringing is located on the Filebam site;
  • » your current contact information, including telephone number, and/or email address;
  • » Your statement and good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
  • » Your statement made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Contact Information:

Notice of claims of copyright or intellectual property infringement can be directed to our attention via report.abuse@filebam.com.

Changes In Terms and Conditions and Filebam services:

Please be aware that we may modify or terminate our services from time to time, for any reason, and without notice. This includes the right to terminate services with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.

Software Requirements

Filebam utilizes the latest web technologies. The site requires the latest version of Flash and Javascript must be enabled. Please upgrade to the latest browser for best experience.

Termination of Services

You agree that Filebam, has the right to delete or suspend your account, block your IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any "Content" within the Service, for any reason, without limitation. In addition, you agree that Filebam Hosting Service shall not be liable to you or any third-party for any early termination of your access to the Service.

Refund Policy

Customers are automatically billed each month on the same day they enrolled. Customers may cancel their Filebam subscription at any time. Filebam Hosting Service does not offer partial or pro-rated refunds for past usage for subsequent time remaining under an existing paid subscription.

Therefore, customers wishing to avoid recurring charges, should cancel their subscription before the automatic renewal date.

In addition, Filebam will not offer refunds for the following: Data-loss, service outages, termination of service for hosting illegal files such as adult content, child pornography or copyright infringement. Hosting illegal content will result in the suspension of the Filebam service and the account holder agrees to forfeit any subscription fees collected, for violation of the Filebam Terms of Service agreement.

Privacy Policy

As a condition to using the Service, you agree to the terms of the Filebam Hosting Service Privacy Policy as it may be updated from time to time. Filebam Hosting Service understands that privacy is important to you. You do, however, agree that Filebam Hosting Service may monitor, edit or disclose your personal information, including the content of your account, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Services and the Filebam Hosting Service Privacy Policy. Personal information collected by Filebam Hosting Service may be stored and processed in the United States. By using Filebam Hosting Service, you consent to any such transfer of information outside of your country.

Please note: No personal information will be sold to any third parties.

If you engage in any illegal activity, such as the submission of Child Pornography, we reserve the right to disclose any and all information deemed necessary to the appropriate authorities and/or the FBI and Interpol.

Modifications and Interruption to Service

Filebam Hosting Service reserves the right to modify or discontinue the Service with or without notice to the Member. Filebam Hosting Service shall not be liable to Member or any third-party should Filebam Hosting Service exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Filebam Hosting Service does not guarantee continuous, uninterrupted or secure access to our web site and operation of our web site may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

*This policy is subject to change without notice.


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