1. upstorepremium Services.
Subject to the terms and conditions of this Agreement, upstorepremium makes certain Services available to User. For the purposes of this Agreement: (a) “User” (or “you”) means the individual or business entity that is using or registering to use the Services, including its employees and agents; (b) upstorepremium “Services” means those electronic or interactive services offered by upstorepremium. Upstorepremium reserves the right to change or discontinue any of the Services at any time.
You acknowledge that all materials (except those uploaded by users) provided on this Web site, including but not limited to information, documents, products, logos, graphics, sounds, images, software, and services (collectively “Materials”), are provided either by upstorepremium or by their respective third party authors, developers and vendors (collectively “Third Party Providers”) and the underlying intellectual property rights are owned by upstorepremium and/or its Third Party Providers. Elements of the Web site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. upstorepremium, the upstorepremium logo and other upstorepremium products referenced herein are trademarks of upstorepremium, and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.
3. User Information.
User represents and warrants that the information it provides in upstorepremium contact information forms is true, accurate, current and complete. User agrees to maintain and update this information to ensure that it is true, accurate, current and complete. If, at any time, any information provided by User is untrue, inaccurate, not current or incomplete, upstorepremium will have the right to suspend or terminate User's account and this Agreement.
4. User Data.
User has sole responsibility and liability for the data you store on upstorepremium's servers. User controls its data through its generated link. upstorepremium encourages User to archive its data regularly and frequently; User bears full responsibility for archiving its data and sole liability for any lost or irrecoverable data. User agrees to maintain its data in compliance with its legal obligations. upstorepremium will delete User data upon termination of this Agreement. However, upstorepremium may retain User data in its archives after deletion and will not be liable to User in any way for such retained data.
4.1 Use of optional email addresses
We may communicate with users from time to time via email to send information about important changes to our products and services, and to send notices and other disclosures required by law. By providing your email address, you agree to these communications, but they will be primarily informational in nature rather than promotional and will be strictly limited in number. We follow a strict no-spam policy.
5. Acceptable Use and Site Access
upstorepremium neither sanctions nor permits site content or the transmission of data that contains illegal or obscene material or fosters or promotes illegal activity, including but not limited to, the promotion or publication of any material that may violate legislation.
It is our policy to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our users; and (2) remove and discontinue service to repeat offenders.
5.1 Child Exploitation
We do not tolerate child pornography on upstorepremium. When we are made aware of files with any content promoting child pornography they will be removed from the service without further notice and reported to The National Center for Missing & Exploited Children (“NCMEC”); we permanently suspend accounts with any child pornography content.
If you think you've found a file with child pornography while using upstorepremium, please send an email to firstname.lastname@example.org to let us know. Please include a link to file(-s).
Law Enforcement may contact upstorepremium directly at email@example.com; requests must come from official law enforcement domains and include relevant identifying information (such as badge number, case number, etc.). Requests sent to this email address from non-law enforcement agencies will be discarded.
We encourage law enforcement officials to contact NCMEC directly to determine how best to receive reports applicable to their jurisdiction.
For general law enforcement inquiries, please see our Guidelines for Law Enforcement for more information.
5.2 Access and Interference
Violations or attempts to violate upstorepremium systems or to interrupt upstorepremium services are strictly prohibited, and may result in criminal and civil liability. Examples of system violations include, without limitation:
(a) Unauthorized access to or use of upstorepremium Services, including any attempt to probe, scan or test the vulnerability of a system or to breach security or authentication measures without express authorization of upstorepremium; or (b) Interference with Service to any User or network including, without limitation, flooding, or deliberate attempts to overload a system and broadcast attacks; or (c) Use of any device, software, or routine to interfere or attempt to interfere with the proper working of the Services; or (d) Any action that imposes an unreasonable or disproportionately large load on upstorepremium's infrastructure.
upstorepremium has the right to block IP or subnetwork without notice.
5.3 Copyright or Trademark Infringement
upstorepremium Services may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation, including export control laws, is prohibited. This includes, without limitation, material protected by patent, copyright, trademark, service mark, trade secret or other intellectual property rights. If you use another party's material, you must obtain prior authorization. By using the Services, you represent and warrant that you are the author and copyright owner and/or proper licensee with respect to any hosted content and you further represent and warrant that no content violates the trademark or rights of any third party. upstorepremium reserves the right to suspend or terminate a User's transmission(s) that, in upstorepremium's discretion, violates these policies or violates any law or regulation.
5.4.1 DMCA Compliance
Although upstorepremium is not a United States registered entity, and does not assent to, nor submit to jurisdiction in the United States, upstorepremium seeks to protect and enforce the rights of copyright holders around the world. Therefore, upstorepremium seeks to comply with the Digital Millennium Copyright Act of the United States, 17 U.S.C. § 512 (“DMCA”) and its take down provisions. Any users of this web site who are designated by upstorepremium as repeat infringers of the DMCA will be denied access to the Site in the future, in accordance with upstorepremium's DMCA Policy.
upstorepremium, in its sole and absolute discretion, may take any reasonably necessary measures to terminate or prevent access users who infringe the intellectual property rights of others. upstorepremium reserves the right to remove, delete, or deny access to materials, data, or files which upstorepremium, in good faith, has determined to be infringing material.
If you believe that a user of the site has infringed your intellectual property rights, please notify upstorepremium's Copyright Agent, and provide the following information:
(a) A physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property right.
(b) An identification of the intellectual property claimed to have been infringed.
(c) A detailed description of the material that you claim is infringing, so that we may locate it, including the URL where the infringing material appears.
(d) Your address, telephone number, and email address.
(e) A statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the intellectual property rights owner, its agent, or the law.
(f) A statement, made under penalty of perjury, by you that the above information is accurate and that you are authorized to act on behalf of the owner of the intellectual property rights involved.
upstorepremium's Copyright Agent can be reached at firstname.lastname@example.org.
5.5 Other Activities
Whether lawful or unlawful, upstorepremium reserves the right to determine what is harmful to its Users, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the Service or the Internet.
Although we offer unlimited uploading, upstorepremium should not be used for file storage. We reserve the right to restrict or deny service to members who use a disproportionate amount of resources, to the detriment of other users. Users who are deemed to be ‘abusers', in upstorepremium's sole discretion, will be notified prior to suspension or termination of their accounts, however, upstorepremium reserves the right to terminate or suspend such accounts without prior notice.
Please be aware upstorepremium reserves the right to cancel any account or transmission they find in violation of any of the above policies or for any other reason it considers appropriate. An explanation will not be provided.
6. No Warranty
You expressly understand and agree that: (a) your use of the Service is at your sole risk. upstorepremium Services are provided on an “as is” and “as available” basis. upstorepremium and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. upstorepremium and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of our Services, software, or content; (b) upstorepremium makes no warranty that (i) the Service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the software will be corrected; (d) any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material; (e) no advice or information, whether oral or written, obtained by you from us or through or from the Service shall create any warranty not expressly stated in these terms and conditions.
You agree to defend, indemnify, and hold harmless upstorepremium, its affiliates, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from your use, or use by your authorized account sub-users, of the Service, or your breach of this Agreement or other upstorepremium policies, terms and conditions.
8. Limitation of Liability
Your use of upstorepremium is at your own risk. If you are dissatisfied with any aspect of our Service or with these terms & conditions, or any other rules or policies, your sole remedy is to discontinue use of the Service. You expressly understand and agree that upstorepremium shall not be liable for any direct, indirect, incidental, special, consequential exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the Service.
9. Modifications to Agreements, Policies or to our Services
upstorepremium may modify, alter or change this policy without notice to You, at any time. Please review this site's policies regularly to ensure that you agree with the policies and procedures in effect. If You do not agree with the policies, or would like your information removed from our system, please contact us via the Contact Form.
We also reserve the right at any time to modify or discontinue the Service, temporarily or permanently, with or without notice to you. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
9.1 Upon termination of this Agreement by either User or upstorepremium, all of User rights under this Agreement, and upstorepremium's provision of Services, will terminate immediately.
10. Premium features
Daily download limit for premium users is 20GB. It can be expanded more by extra fees.
11. Refund policy and cancellation instructions
Where you elect to purchase Premium Services, we will bill you for the Services in advance.
All purchases of Services through the Site are nonrefundable prepayments for Services. As such, there are no refunds available to customers (except duplicate payments).
11.1 If you sign up for a upstorepremium ‘1 month + 3 bonus days' or ‘3 months' Service, your subscription continues to bill monthly (or each 3 months) until you cancel it. To cancel a recurring credit card subscription click on ‘unsubscribe' link on your dashboard or contact support, e.g. by creating ticket with request. Once you cancel your subscription your Services will continue through the period you have already paid for. Once that period expires your account will be returned to a non-premium (free) account.
These terms and conditions will be governed by and construed in accordance with the laws of the United States Of America.
Except for other agreements or terms appearing on the Web site, this Agreement set forth the entire understanding and agreement between us with respect to the subject matter hereof.
Any questions relating to our Legal Agreements and Policies may be directed to email@example.com.
Last update: March, 2016