Tearms & Conditions
Terms & Conditions
ACCEPTANCE OF TERMS
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, AUSFILE 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 [email protected] .
Ausfile.com understands the user's privacy and hence keeps all the information provided by the user highly confidential. The information provided by the user shall not be disclosed to any third party or used for marketing purposes except if any legal investigation occurs.
Ausfile.com stores the user email address and the IP address. Ausfile.com has the right to inspect the user account for any explicit content which offend our Terms Of Service. If found any, the user shall be banned from using our services and all the files and information shall be permanently deleted from our data base.
Ausfile.com uses third-party advertising companies to serve ads on the site. These companies may use information about your visits to this and other Web sites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you.
Ausfile.com does not store any data from the users Billing Information since all the purchases are handled by the well know third party payment gateways.
Ausfile.com induces Strict Policy against Copyright Infringement. In most cases, Ausfile.com shall act within 24 Hours of period from the time of proper notification (Explained Below). However the response action may be delayed depending upon the cases or notification and their Verification. Ausfile.com is an Online Service Provider under Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 ("DMCA"). This document outlines the policy that Ausfile.com have introduced in order to implement notice and takedown policy as required by DMCA. This document guides copyright owners interested in utilizing this procedure, as well as service users interested in restoring access to material mistakenly taken down.
Writing and Sending Proper Notification
The DMCA provides a legal procedure by which you can request any Online Service Provider to disable access to a website where your copyrighted work(s) are appearing without your permission. The legal procedure consists of two parts: (1) Writing a Proper DMCA Notice, and (2) Sending the Proper DMCA Notice to Ausfile.com Designated Agent. To write a Proper DMCA Notice, state the following information:
1. Identify yourself as an owner of copyrighted work or exclusive rights that you believe were infringed, or a person acting on behalf of such owner, and provide a physical signature (when it is in paper form) or electronic signature (when it is in electronic form).
2. Identify the copyrighted work(s) that you believe is/are being infringed.
3. Identify the material(s) that allegedly are infringing your copyrighted work, by providing Web URL(s) on Ausfile.com site that contain these material(s).
4. State your contact information, including your name, street address, phone number, and business email address. If you are acting on behalf of the copyright owner, please also describe your affiliation with the copyright holder (e.g attorney, vendor, agent).
5. State that you have "a good faith belief that use of the aforementioned material is not authorized by the copyright owner, its agents, or the law."
6. State that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is believed infringed.
7. To exercise your DMCA rights, your Proper DMCA Notice must be sent to our mail ID "[email protected]". Please title the message as "DMCA NOTICE"
Notice and Takedown Procedure
Ausfile.com will follow the procedures provided in the DCMA to properly enforce rights of copyright holders. When a Proper DMCA notification is received by our assigned DMCA staff, or when Ausfile.com becomes otherwise aware that copyright rights are infringed, it will remove or disable access to infringing materials as soon as possible. You don't need to wait confirmation from us about this action. As previously mentioned, Ausfile.com shall act within 24 Hours of period from the time of notification in most of its cases. However the response action may be delayed depending upon the cases or notification and their Verification.
If users uploading or downloading materials believe that their use of materials was lawful, they reserve the right of sending a Proper Counter-notification in order to restore access to these materials. Ausfile.com will comply with the appropriate provisions of the DMCA in the event a counter notification is received by our assigned Staff.
To write a Proper Counter Notice, state the following information
1. Identify the material with its description that has been removed and mention its URL prior to removal.
2. State, under penalty of perjury the following details
- Name, address, phone number
- you "have a good faith belief that the material was removed or access disabled as result of mistake or miss-identification of the material" you "consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located."
3. Sign the notification with either a physical or electronic signature.
4. To exercise your DMCA rights, your Proper counter Notice must be sent to our mail ID "[email protected]". Please title the message as "COUNTER NOTICE"
For faster response, please send the respective notification to the properly assigned staff (Email ID given above). You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid. We appropriate your understanding.
1. I have a problem accessing my account. What should I do ?
We suggest you to use the forgot password link to generate or reset your new password with the help of the confirmation link sent to your registered email ID.
2. How safe are my stored files on Ausfile ?
All our users files are completely safe as users get to decide how or where to share their files. The files are not accessible publicly and downloadable only when the uploader share it.
3. I can't find the verification email in my inbox. Please help !
We would advice you to check both inbox as well as spam/junk folder to locate verification mail from Ausfile. Also please make a note that it make delay certain times for the email delivery. So please be patient and check the mailbox after 5-15 minutes.
4. How can I change my password ?
As previously mentioned, you may certainly use forgot password link in case you do not remember the old password OR login to your account and you may locate the change password option under your profile.
5. Is it secure to use my credit card to make payments on Ausfile ?
The connection is SSL Encrypted and YES, it is 100% safe, anonymous and secure to pay via your credit card.
6. I have paid through my credit card but my account is not upgraded.
Please wait for 15min for the changes to be effective but if your account continues to be free, contact support including the last 4 digit of your credit card number with the date of transaction in your message. We usually respond with 24 to 48Hours.
7. How do I rename/copy/delete or otherwise edit my files?
Please login to your account. You can edit, rename, move, copy and delete all of your files from the File Manager menu.
8. How do I cancel a recurring subscription?
To cancel a recurring subscription, please login to your account and under your Profile section, you may find the option to cancel or turn off your subscription.
9. My files are being deleted randomly. Please help!
A fair usage policy applies to uploaded files. If we find it to be violating any of our policies then we may delete them without your prior permission. We advice you to go through our terms of service being uploading to our service and strictly follow them.
10. My account has been suspended / banned, Please help!
Please note that ownership of multiple accounts, spamming or other acts of misconduct are not permitted on our website. We reserve the right to temporarily / permanently ban or suspend your account for the above act. If you feel that this has been done in error and you haven't violated any of our terms then write to our support team with enough evidence to support your statement.
11. How do I use FTP to upload files ?
You may find the FTP details under your Profile. Use it to connect to our servers via FTP client.
12. I'm not able to connect through FTP.
Please allow 1 to 24Hours for the FTP to set up for your account after signing up. If the issue persist, contact support team including your username/password.
13. I've downloaded the files but unable to open it. It gives me error.
We do not have control over these errors. We suggest you to contact the person who provided you the link.
14. I still have questions.
Please contact our support team and we usually get back to you within 24 to 48 Hours.