This FileServe Service Agreement (the "Agreement") describes the terms and conditions on which FileServe ("we") offer services to you ("User"). By using our services, User agrees to be bound by the following terms and conditions:
- We reserve the right to disable direct linking on user accounts that are using excessive bandwidth or otherwise abusing the system.
- Pornography, nudity, sexual images and any kind of offensive images or videos are prohibited. Copyrighted material is also strictly prohibited. We reserve the right to decide appropriate content and can delete images or videos at any time without User notification.
- Users must agree to comply with all laws which apply to their location, including copyright and trademark laws. Images, videos and files that violate copyrights or trademarks are not allowed. If someone has an infringement claim against you, you will be asked to remove the copyrighted file until the issue is resolved. If there is a dispute between participants on this site, FileServe is under no obligation to become involved.
- FileServe is not liable for your images, videos or files or any lost business due to the unavailability or loss of the website. We make no claims of future reliability in serving, hosting or storing your images, videos or files.
- FileServe is committed to cooperate with any and all legal authorities if an investigation should arise.
1. Scope of Agreement.
You agree to the terms and conditions outlined in the Agreement with respect to your use of the Site and Services. The Agreement constitutes the entire and only agreement between you and FileServe. We may change the Agreement at any time without specific notice to you. The latest Agreement will be posted on the Site. Your continued use of the Site and/or Services constitutes your acceptance of the terms in effect at that time.
2. Requirements.
The Site and Services are available only to individuals that are at least eighteen (18) years of age and that can enter into legally binding contracts under applicable law.
3. Membership Fees and Payment Methods.
Upon registering for Premium Services, you agree to pay the fees applicable to the package selected. Prices are currently denominated in U.S. Dollars (USD).
A. Payment Methods: We accept payments through:
- Direct Payment: Credit/Debit cards, PayPal, Alipay, and Webmoney.
- Cryptocurrency: Including but not limited to Bitcoin (BTC), Ethereum (ETH), and Tether (USDT). You acknowledge that cryptocurrency payments are subject to network fees and exchange rate volatility.
- Resellers: You may purchase Premium subscriptions through authorized FileServe resellers using PayPal, local credit cards, or other regional payment methods.
B. Premium Packages (USD):
- Premium Plans: 30 days ($14.99); 90 days ($34.99); 180 days ($59.99); 365 days ($99.99).
- Premium Pro Plans: 7 days ($4.00); 30 days ($26.95); 120 days ($80.00); 365 days ($150.00).
- Premium Traffic Plans: 1.74 GB ($1.75); 2.07 GB ($2.15); 3.49 GB ($3.37).
C. Billing & Renewals: Credit card and PayPal subscriptions may renew automatically until canceled. Cryptocurrency and Reseller-purchased vouchers are typically one-time transactions and require manual renewal. Failure to use the Premium Services does not constitute a basis for a refund. Overdue amounts may be subject to interest charges of 1.5% per month.
4. Cancellation of Membership.
You may cancel your Membership at any time. To cancel, cease using the Services and cancel any active subscriptions through your payment processor or reseller. You shall not receive any pro-rata refund for partial months or years, or for cryptocurrency transactions.
5. Description of Services & Limits.
Free/Registered Users: Max upload size is 10 Mb (Free) to 100 Mb (Registered). Storage is limited to 10 GB for Registered users. Files are deleted after 5-60 days of inactivity.
Premium/Premium Pro Users: Max upload size is Unlimited. Storage space is Unlimited. Files are never deleted for inactivity. Remote URL upload and download-accelerator support are included.
6. Member Content and Conduct.
You are solely responsible for Member Content uploaded by you. You represent that you own all necessary rights to the content. You agree not to: (a) display unlawful, obscene, or defamatory content; (b) infringe on third-party intellectual property; (c) harvest personal information; (d) transmit viruses or spamware; or (e) display content exploitative of children. FileServe reserves the right to report any such content to the National Center for Missing and Exploited Children (NCMEC) and relevant authorities.
7. Non-Endorsement / Neutral Party.
FileServe operates as a neutral party. We do not regularly monitor or police Member Content and are not responsible for the acts, omissions, or content of any Member.
8. License Grant and Proprietary Rights.
You are granted a non-exclusive, non-transferable, revocable license to use the Site for personal, non-commercial use. All Site graphics, design, and software are protected under applicable copyrights and trademarks owned by FileServe.
9. Copyright Infringement Notice (DMCA).
Pursuant to 17 U.S.C. § 512, FileServe will terminate accounts of repeat infringers. If you believe your copyright is being infringed, please use our DMCA portal or contact our designated agent as listed in our DMCA Notice.
10. Indemnification.
You agree to indemnify and hold FileServe, its officers, and employees harmless from any claims, damages, or expenses (including attorneys' fees) arising out of your use of the Site, your breach of this Agreement, or your violation of any third-party rights.
11. Disclaimer of Warranties and Limitation of Liability.
THE SITE AND SERVICES ARE PROVIDED "AS IS." WE DISCLAIM ALL WARRANTIES TO THE FULLEST EXTENT PERMISSIBLE BY LAW. FileServe SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES. OUR MAXIMUM LIABILITY TO YOU UNDER ANY CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO THE CAUSE OF ACTION.
12. Governing Law and Dispute Resolution.
This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which FileServe is registered, without regard to its conflict of law provisions.
A. Binding Arbitration: Any dispute, controversy, or claim arising out of or relating to this Agreement, including the validity, invalidity, breach, or termination thereof, shall be settled by arbitration in a neutral location or via remote electronic means as determined by FileServe. The arbitration shall be conducted in English.
B. Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You specifically waive your right to participate in any class action lawsuit or class-wide arbitration against FileServe.
13. Contact.
If you have any questions about this Agreement, please contact us through the "Contact Us" section of the Site.