Amendments to this agreement can be made and effected by us from time to time without specific notice to your end. Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use our site.
You agree and accept that all content provided on this Web site, including but not limited to information, documents, products, logos, graphics, sounds, GUI, software, and services (collectively "Materials"), are provided either by ausfile.com or by their respective third party authors, developers and vendors (collectively "Third Party Providers") and the underlying intellectual property rights are owned by ausfile.com 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. ausfile.com, the ausfile.com logo and other ausfile.com products referenced herein are trademarks of ausfile.com, 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.
This Agreement will remain in full force and effect while you use the Website. You may terminate your membership at any time for any reason by following the instructions on the "TERMINATION OF ACCOUNT" in the setting page. We may terminate your membership for any reason at any time. If you are using a paid version of the Service and we terminate your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. Even after your membership is terminated, certain sections of this Agreement will remain in effect.
ACCEPTABLE USE TERMS
You agree to not use ausfile.com Service to:
a. upload, post, e-mail, transmit or otherwise make available any Content that spreads messages of terror or depicts torture or death-GUI; if serious enough, the content will be reported to the appropriate legal authority and/or the member's ISP will be contacted;
b. content that harms children in any shape or form, this includes any form of child pornography. ausfile.com has a strict policy on child porn and so the content will be handed to the appropriate legal authorities as evidence.
c. Make any content available through, but not limited to Uploading, posting, e-mailing that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
d. Upload, post, e-mail, transmit or otherwise make available any Content that defamatory, profane, obscene, indecent, lewd, vulgar, suggestive, violent, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable.
COPYRIGHT AND TRADEMARK INFRINGEMENT
ausfile.com Services can only be used legally. 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, content covered by patent, copyright, trademark, service mark, trade secret or other intellectual property rights. If you utilize a different party's material, you will need to get prior consent. By using the Services, you signify and justify that you are the author/producer/creator and copyright owner and/or proper licensee with respect to any hosted content and you further represent and warrant that no content infringes the trademark or rights of any third party. ausfile.com holds the right to ban or end a Customer's transmission(s) that, in ausfile.com's view, violates these policies or violates any law or regulation.
FRAUDULENT ACTIVITIES are highly monitored in our site and if fraud is detected ausfile.com shall resort all remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.
You agree not to disclose information you obtain from us and or from our clients, advertisers, suppliers and forum members. All information submitted to by an end-user customer pursuant to a Program is proprietary information of ausfile.com. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
LIMITATION OF LIABILITY
ausfile.com WILL NOT BE RESPONSIBLE FOR ANY LOST PROFITS, LOST REVENUES, OR DATA, FINANCIAL LOSSES, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. THE TOTAL LIABILITY FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES. IN ALL CASES, Filecloud WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
NON-ASSIGNMENT OF RIGHTS
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
Failure of the ausfile.com to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
SEVERABILITY OF TERMS
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
For any further clarifications regarding Terms, please contact firstname.lastname@example.org .