Our Services are available only to individuals and business entities (including but not limited to sole proprietorships) in good legal standing that can form legally binding contracts under applicable law. Customer hereby represents and warrants that it is duly licensed to do business and is in good legal standing in the jurisdictions in which it does business (during the term of this Agreement) that it is not a competitor of MiloShare and that the person agreeing to this Agreement for Customer is at least eighteen years of age and otherwise capable of and authorized to enter binding contracts for Customer.
Subject to the terms and conditions of this Agreement, MiloShare makes certain Services available to Customer. For the purposes of this Agreement: (a) "Customer" (or "you") means the individual or business entity that is using or registering to use the Services, including its employees and agents; (b) MiloShare "Services" means those electronic or interactive services offered by MiloShare. MiloShare reserves the right to change or discontinue any of the Services at any time.
You may upload on the Services, Content created by you or for which you have received express permission from the owner so that other users may view and download said Content. You assume all risk and liability for the Content you upload. You grant, transfer and assign to MiloShare and its successors, assigns and licensees, FOR THE SOLE PURPOSE of enabling us to make your Content available through the Service, a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, and archive (if applicable) the Content.
By uploading files/content, you agree and acknowledge that MiloShare has no responsibility or obligation to monitor or notify of you of any non-compliance related to the license you have granted and that MiloShare has no responsibility to enforce or police, or aid you in enforcing or policing, the terms of said license.
You, not MiloShare, are solely responsible for the Content you upload and store on MiloShare servers. You bear full responsibility and sole liability for any lost or irrecoverable data. You understand and agree that MiloShare reserves the right to delete, move, archive (including account information) or edit any Content that it may determine violates this Agreement, its Intellectual Property Policy or is otherwise unacceptable and may terminate your access to the Services, without prior notice and at its sole discretion. You understand that you may be exposed to offending Content and waive your right to any damages.
MiloShare offers a service which allows you to upload your personal files for storage. MiloShare does not claim any ownership rights in Your uploaded files. You acknowledge that MiloShare does not have any obligation to monitor the Files or User Content that is uploaded, posted, submitted, linked to or otherwise transmitted using the Site or Services, for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the Files including without limitation, any information obtained by using the Site or Services. MiloShare does not endorse anything contained in the Files or Content or any opinion, recommendation or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against MiloShare with respect thereto.
MiloShare may from time to time change the features of its service (being offered) including the removal or addition of such features. Such change or modification shall not be deemed a material change for purposes of memberships.
Responsibility for Access
Customer is solely responsible and liable for any and all access to and use of the Services (including all activities and transactions) by any Authorized User and/or User ID registered under Customer's account, unless such access to or use of the Services is the direct result solely of the gross negligence of MiloShare. It is Customer's responsibility, through its systems administrator Authorized User, to set the appropriate access for each of Customer's Authorized Users.
Responsibility for User IDs and Passwords
Customer is solely responsible for maintaining the confidentiality of Customer access information, i.e. account ID's and passwords of its Authorized Users, and are responsible for all activities that occur under your account.
Customer will immediately notify MiloShare if Customer notices any activity indicating that Customer's account or data is being used without authorization, including: (a) Customer has received confirmation of an order or orders placed using Customer's account which Customer did not place or any similar conflicting report; or (b) Customer becomes aware of any unauthorized use of any product or service related to its account(s).
Customer has sole responsibility and liability for the data its stores on MiloShare's servers. Customer controls its data through its generated link. MiloShare encourages Customer to archive its data regularly and frequently; Customer bears full responsibility for archiving its data and sole liability for any lost or irrecoverable data. Customer agrees to maintain its data in compliance with its legal obligations. MiloShare will delete Customer data upon termination of this Agreement. MiloShare will delete Customer data upon termination of this Agreement. ADD: MiloShare shall not store user or customer data and will not provide to third parties for any reason whatsoever unless to law enforcement when requested.
You agree to NOT use MiloShare's Service to:
upload, post, e-mail, transmit or otherwise make available any Content that spreads messages of terror or depicts torture or death or other illegal acts; if serious enough, the content will be reported to the appropriate legal authority and/or the member's ISP will be contacted;
harm minors in any way, this includes all and any form of child pornography; users involved will be permanently removed from the service, the content will be reported to the appropriate legal authority and/or the member's ISP will be contacted without notice or delay;
upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
upload any content related to animals sex, violence, scat or any other illegal content. Uploading any of listed above files will get your account closed.
MiloShare 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, gambling, the offering for sale of illegal weapons, and the promotion or publication of any material that may violate hate crimes legislation. MiloShare reserves the right to immediately suspend or terminate any account or transmission that violates this policy, without prior notice. Further, should Customer violate this policy, MiloShare will actively assist and cooperate with law enforcement agencies and government authorities in collecting and tendering information about Customer, Customer's site, the illegal or obscene content, and those persons that may have inappropriately accessed, acquired, or used the illegal or obscene content.
Customer shall not commit or permit wrongful or damaging acts which justify civil action including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent or intentionally inflicting emotional distress.
Access and Interference
Violations or attempts to violate MiloShare systems or to interrupt MiloShare 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 MiloShare 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 MiloShare; or (b) Interference with Service to any customer 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)Containing Billion Uploads or its content in any other platform including without limitations: frames of any kind, external software,data scraping etc. ; or (e) Any action that imposes an unreasonable or disproportionately large load on MiloShare's infrastructure. Customer shall not decompile, disassemble, decrypt, extract, reverse engineer or otherwise attempt to derive the source code of the "software tools" (including the tools, methods, processes, and infrastructure) underlying the Services
Copyright or Trademark Infringement
MiloShare Services may be used only for lawful purposes. MiloShare has a zero tolerance approach towards any infringement and as an ISP is in full compliance with the United States Digital Millennium Copyright Act ("DMCA"). MiloShare operates a clear copyright policy in relation to any Content alleged to infringe the copyright of a third party. As part of MiloShare's copyright policy, MiloShare will terminate user access to the Website if a user has been determined to be an infringer as per the provisions and requirements of the DMCA.
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. MiloShare reserves the right to suspend or terminate a Customer's transmission(s) that, in MiloShare's discretion, violates these policies or violates any law or regulation.
You acknowledge and agree that you are solely responsible for the content that you upload/store (collectively "User Content"), and for the consequences of uploading, storing such content. You agree that you will not use the Service to upload, store User Content that you did not create or that you do not have permission to upload, store. You promise that you have all intellectual property rights (including without limitation copyright and trademark rights), licenses, and permissions that may be needed to upload, store your User Content. By uploading, storing and you promise that doing so does not infringe any intellectual property rights of another person. You agree that you will not use the Service or the Site to store child pornography or other type of illegal content. The use of the Service or the Site to store child pornography will not be tolerated. If identified, it will be reported to law enforcement authorities and will result in termination of your account.
You understand and agree that MiloShare may immediately suspend access to, terminate or remove, without notice, any account or content that violates any of these prohibitions. You agree that you will comply with all applicable terms, conditions and rules regarding the use of any website, forum, or service in or through which any link to content uploaded and stored using the Service is posted or distributed. You understand and agree that failure to do so may result in the suspension or termination of your account or of access to the Service. You understand that MiloShare does not promise that User Content you upload, store, using the Service will be maintained by MiloShare. You are solely responsible for creating backup copies of and replacing any and all User Content, at your own cost and expense. You agree that MiloShare has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Content. MiloShare retains the right to create and revise limits on use, storage, upload and download speeds, maximum number and duration of look-ups or downloads and any other aspect of the Service, at its sole discretion and at any time, with or without notice.
MiloShare will not routinely screen, monitor, review or revise User Content uploadedor stored using the Service. However, MiloShare may review any such content and MiloShare reserves the right to refuse to accept, store, or permit the sharing of any User Content, to remove any User Content from the Service, and to prevent the uploading, storage, or sharing of any User Content. MiloShare does not endorse or support any User Content. MiloShare does not guarantee the accuracy or reliability of any User Content. MiloShare does not guarantee that User Content does not infringe third party rights, including intellectual property rights. MiloShare does not guarantee that User Content will not be harmful or offensive. MiloShare does not guarantee that User Content will comply with these Terms of Service. You acknowledge that any use of or reliance on User Content obtained through the Service will be at your own risk. If you become aware of any User Content that you believe violates these Terms of Service, or that is otherwise objectionable, you may inform MiloShare.
MiloShare permits the uploading of content and the hosting, sharing and publishing of such user uploads through links. You understand that whether or not such User uploads are published and/or uploaded, MiloShare does not guarantee any confidentiality with respect to any uploads.
MiloShare allows/permits you to link to materials on the Website for personal, commercial and non-commercial purposes only. MiloShare reserves the right to discontinue any aspect of the MiloShare website at any time.
You shall be solely responsible for any and all of your own uploads and the consequences of posting, uploading and publishing them. Furthermore, with uploaded content, you affirm, represent and/or warrant that:
you own or retain the necessary licenses, rights, consents, and permissions to use all trademarks, copyrights, trade secrets, patents, or other proprietary rights; and
You will not upload, or allow anyone else to upload, any material in breach of the terms and conditions referred to herein.
You retain all of your ownership rights in your uploads.
In submitting material (video or other communication), you further agree that you shall not:
submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant MiloShare all of the license rights granted herein;
publish falsehoods or misrepresentations that could damage MiloShare or any third party;
submit material that is obscene, illegal, unlawful, defamatory, libelous, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
Upload any and all viruses.
Impersonate another person. MiloShare does not endorse any User uploads or any opinion, recommendation, or advice expressed therein and MiloShare expressly disclaims any and all liability in connection with User uploads. MiloShare does not permit copyright infringing activities and infringement of intellectual property rights through its service and MiloShare will remove all Content and User uploads if properly notified that such Content or User uploads infringes on another's intellectual property rights. MiloShare reserves the right to remove Content and User uploads without prior notice or delay. MiloShare will also terminate a User's access to its Service, if they are determined to be an infringer. MiloShare also reserves the right to decide in its sole and unfettered discretion, whether User uploads are appropriate and comply with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscene or defamatory material, or excessive length. MiloShare may remove such User uploads and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
You understand and acknowledge that when using MiloShare.com, you will be exposed to User uploads from a variety of sources and that MiloShare is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User uploads. You further understand and acknowledge that you may be exposed to User uploads that are inaccurate, offensive, indecent, or objectionable and you agree to waive and hereby do waive any legal or equitable rights or remedies you have or may have against MiloShare with respect thereto and agree to indemnify and hold MiloShare, its Owners, operators, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the website.
You agree that MiloShare may at its sole discretion have the right to refuse to publish, remove, or block access to any User uploads that is available via the Website at any time, for any reason, or for no reason at all, with or without notice.
MiloShare provides its website as a service to its users. However, MiloShare assumes no responsibility whatsoever for monitoring the MiloShare Services for inappropriate content or conduct. MiloShare assumes no responsibility for the content, no obligation to modify or remove any inappropriate content and no responsibility for the conduct of the User uploads of any such content. MiloShare may review and delete any User uploads that, in its sole judgment, violates this Agreement or may be otherwise offensive or illegal, or violate the rights, harm, or threaten the safety of any User or person not associated with the Website. You are solely responsible for the uploads that you make available to any third-party website provided by the Website or any other material or information that you transmit with other Users or unrelated third-parties via the Website.
Account Termination Policy
By using our site and/or service, you agree that we are authorized to block your access and delete your files for any violation of our Terms and Conditions or for the following reason.
We have a policy of terminating (as per the provisions of the DMCA), without notice and without recourse, accounts of subscribers or account holders who are infringers of copyright and you agree that we may apply that policy to your account or subscription in our sole judgment based upon a suspicion on our part or a notification we receive regardless the type of proof we receive.
A User's access to MiloShare will be terminated if, under appropriate conditions, the User is determined to have infringed.
MiloShare reserves the right to decide whether Content or if a User's uploads are appropriate and comply with these Terms and Conditions in regards to violations other than copyright infringement or privacy law, such as, but not limited to, hate crimes, pornography, obscene or defamatory material, or excessive length. MiloShare may remove such User uploads and/or terminate a User's access for uploading such material in violation of these Terms and Conditions at any time, without prior notice and at its sole discretion.
Misuse of System Resources
Customer shall not misuse system resources including, but not limited to, employing content which consume excessive CPU time or storage space; utilizing excessive bandwidth; or resale of access to content hosted on MiloShare servers.
Whether lawful or unlawful, MiloShare reserves the right to determine what is harmful to its Customers, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the Service or the Internet. Please be aware MiloShare reserves the right to cancel any account or transmission they find in violation of any of the above policies. If appropriate, MiloShare will refer complaints to law enforcement authorities, and in such case, MiloShare will actively assist law enforcement agencies with the investigation and prosecution of any such activities, including surrendering Customer accounts and data information. Complaints about violators of our Policy should be sent via e-mail to Master@MiloShare.com. Each complaint will be investigated and may result in immediate cancellation of Services without prior notice.
You expressly understand and agree that: (a) your use of the Service is at your sole risk. MiloShare Services are provided on an "as is" and "as available" basis. MiloShare 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. MiloShare and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of our Services, software, or content; (b) MiloShare 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; (c) 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; (d) 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 MiloShare, 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 of the Service, or your breach of this Agreement or other MiloShare policies, terms and conditions.
Limitation of Liability
Your use of MiloShare 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 MiloShare 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.
Modifications to Agreements, Policies or to our Services
Although we may attempt to notify you when major changes are made to these Terms and Conditions, you should periodically review the most up-to-date version. MiloShare may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits. As such, we reserve the right to change these terms and conditions at any time without notice. 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. You acknowledge that we may establish general practices and limits concerning use of the Service, including the maximum disk space that will be allotted on MiloShare's servers on your behalf and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. Further, you acknowledge that MiloShare may change subscription fees at any time without notice. Changes in subscription fees will take effect on expiration of any existing Customer subscription.
Without limiting other remedies, MiloShare may immediately issue a warning, suspend (i.e., lock out access and operation of Services for Customer) either temporarily or indefinitely, or terminate Customer's account and refuse to provide Services to Customer if: (a) MiloShare believes that Customer has violated or acted inconsistently with this Agreement, or any of our policies; or (b) Customer has failed to pay fees or other payments due to MiloShare; or (c) MiloShare is unable to verify or authenticate any information Customer provides to MiloShare; or (d) MiloShare believes that Customer's actions may cause legal liability for Customer, MiloShare's other clients, or MiloShare. MiloShare may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these terms and conditions may be effected without prior notice and acknowledge and agree that MiloShare may immediately deactivate, archive or delete your account and all related information and data and/or any further access to such data or the Service. Further, you agree that MiloShare shall not be liable to you or any third-party for any termination of your access to the Service. Upon termination of this Agreement by either Customer or MiloShare, all of Customer rights under this Agreement, and MiloShare's provision of Services, will terminate immediately.
The Sections 6 ("Customer Data"), 9 ("No Warranty"), 10 ("Indemnity"), 11 ("Limitation of Liability") and this Section 13 will survive any termination of this Agreement.
These terms and conditions will be governed by and construed in accordance with the Laws of the Israeli justice department, excluding that body of law governing conflict of laws. Any legal action or proceeding relating to or arising out of these Terms or your use of the Website will be brought in Israel and you submit to the venue and personal jurisdiction of such court. If any provision of these Terms is held to be invalid or unenforceable, such provision will be enforced to the greatest extent possible and the remaining provisions will remain in full force and effect. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. MiloShare's failure to act with respect to a breach by Customer or others does not waive MiloShare's right to act with respect to subsequent or similar breaches. No action by Customer arising under this Agreement may be brought at any time more than twelve (12) months after the facts occurred upon which the cause of action arose.
Customer and MiloShare are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Customer may not assign any of its rights, or delegate any of its duties; under this Agreement and any attempted assignment will be null and void.
Operation of our Services may be interfered with by numerous factors outside of our control and we shall not be liable to you for any delay or failure in performance under this Agreement resulting directly or indirectly from causes beyond MiloShare's control.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, as narrowly as possible and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
MiloShare Confidential Information
You represent and warrant to MiloShare that (a) you are not a competitor of MiloShare, (b) you shall keep publicly unannounced information and materials pertaining to MiloShare, pre-release software, testing or testing procedures strictly confidential and (c) you shall not use any information gained from access to the MiloShare Website or use of the MiloShare Services to compete with MiloShare in its business.
Except for other agreements or terms appearing on the Web site, this Agreement sets 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 Service@MiloShare.com .
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