SmartFile has a zero tolerance policy for spam, pornography, and warez. Any files found to contain, promote, or link to such content are subject to immediate removal from our service.
By checking "accept terms" below and clicking "Sign Up" at the bottom of the registration page, you accept these terms and conditions and acknowledge that your use of SmartFile is subject to certain limitations set forth below. If you do not accept this agreement, do not proceed with the sign-up process.
II. SmartFile cannot be held responsible for the digital content hosted under our service. SmartFile does not review files for content before they are posted and does not verify, endorse, or otherwise take responsibility for the content. However, we reserve the right to remove any file or directory from our servers which we determine is violating our rules and guidelines. Users are solely responsible for all files contained in their own directory, and can be held legally liable for their contents.
III. SmartFile may terminate user accounts at any time, without notice, for conduct that violates these guidelines or for any other reason. SmartFile may terminate user accounts and delete any and all user information for conduct that SmartFile believes is harmful to the business of SmartFile or to any of its users or partners. Files found violating these items may be subject to immediate deletion and removal from our servers, and their users subject to banishment from the SmartFile network. The following is a nonexclusive list of content and behaviors that are UNACCEPTABLE on SmartFile.
a. Content that contains nudity, pornography, adult content, sex, extreme violence, or foul language.
b. Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy-related information, whether for educational purposes or not.
c. Content that has been promoted through the sending of unsolicited email (spamming) or mail fraud schemes, or pages that promote or condone the sending of unsolicited email. Users who utilize SmartFile resources, including e-mail addresses, for spam are also subject to prosecution to the fullest extent of the law.
d. Content that commits acts of copyright, trademark, patent, trade secret or other intellectual property infringement.
e. Content that is racist, or otherwise extremely offensive to others, including content which aggravates, harasses, threatens, defames, or abuses others.
f. Sites that exploit images of children under 18 years of age.
g. Content that contains, links to, or participates in pyramid schemes, gambling, raffles, lotteries, and so forth.
h. Content that posts or discloses personal identification information or private information of individuals under the age of 13 or in connection with materials directed toward individuals under the age of 13 without verifiable parental consent.
i. Content that provides, sells, or offers to sell the following: controlled substances, illegal drugs and drug contraband, alcohol, weapons, pirated materials, pornography or sexual products, programs to attack others, illegal goods, escort services, instructions on making, assembling, or obtaining illegal goods or weapons, information used to break copyright or trademark violations, to destroy others' property, or to harm any people or animals.
j. Content that takes part in, or allows any third party to take part in, the following: reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of the Technology; individual passworking of Member sites or pages; altering copyright notices and attributes (unless permitted in writing by the author/owner); and such practices.
IV. SmartFile provides space for digital files, but makes no implied or express warranties about the reliability of this space or related services. SmartFile is not responsible for any deletion, alteration, or loss of data due to network or system outages, file corruption, accidental deletion, or any other reasons. SmartFile makes no guarantees about server reliability, speed, or consistency, and cannot be held liable for such.
a. Users are responsible for regularly monitoring and creating backups of their own files, and agree to use the SmartFile resources and infrastructure at their own risk. This service is provided on an "as is" basis without warranties of any kind, either expressed or implied. Neither SmartFile nor its partners makes any warranty with respect to any content, information, services, or products provided.
b. SmartFile and its partners make no guarantee of the accuracy, correctness, or completeness of any information on these Web pages and are not responsible for any errors or omissions arising from the use of such information; any failures, delays, or interruptions in the delivery of any content or services contained on our servers; or losses or damages arising from the use of the content or services provided by SmartFile.
c. SmartFile may also link to or include on its Web site resources and information provided by third-party partners and providers. We do not guarantee the reliability of this information, nor does the inclusion of this information imply our recommendation of these services; it is merely provided to assist you in the creation of your Web site and provide added value to our service.
d. You agree to indemnify SmartFile and its partners against any and all claims and expenses, including attorneys' fees, arising from the your use of this service. This expressly includes your responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights and any libelous or unlawful material contained within your Web site.
e. SmartFile may use your company logo solely for it's marketing purposes.
V. SmartFile reserves the right to amend or change these guidelines at any time without notice.
This Acceptable Use Policy and any disputes arising out of or related to the Service and the SmartFile Sites shall be governed by, and construed and enforced in accordance with, the laws of the State of Indiana. Any legal disputes shall be submitted to binding arbitration under the terms of the American Arbitration Association and any person utilizing our services here by waive their right to pursue legal action against SmartFile through alternative legal avenues.
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