FileSmart Inc. Terms of Service

Intellectual Property Policy.
It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.

Privacy Policy.
We respects the privacy of others. These Terms of Service incorporate the terms of the Privacy Policy, which can be viewed here.

This FileSmart.net Terms of Service Agreement (the "Agreement") describes the terms and conditions on which FileSmart.net ("we" or "our company") offer services to you ("User" or "You"). By registering for or using FileSmart.net services, User agrees to be bound by the following terms and conditions.

1. FileSmart.net Services.
Subject to the terms and conditions of this Agreement, FileSmart.net 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) FileSmart.net "Services" means those electronic or interactive services offered by FileSmart.net. FileSmart.net reserves the right to change or discontinue any of the Services at any time.

You acknowledge and agree that you give FileSmart.net permission to send your specified file to the Third Party Services on your behalf and that you agree to the Terms of Service of the Third Party Services and also that you have sole responsibility and liability for your data stored on the Third Party Services.

1.1 Description of Services.
The Services provide a user the ability to send and temporally store a file (a “User File”) on one of FileSmart.net’s servers. The Services operate by sending and storing the specified User File on external Web sites, file storage services not maintained by FileSmart.net (collectively "Third Party Services"), on behalf of the User. The links to control the User File on the Third Party Services will be stored on FileSmart.net and then FileSmart.net will display and/or email two generated unique links to the User. The User(s) can then access the download links to download the User File from the Third Party Services by clicking on one of the unique generated links. The other unique generated link is to attempt to delete thee User File from FileSmart.net and from the Third Party Services.

2. Ownership.
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 FileSmart.net or by their respective third party authors, developers and vendors (collectively "Third Party Providers") and the underlying intellectual property rights are owned by FileSmart.net 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. FileSmart.net, the FileSmart.net logo and other FileSmart.net products referenced herein are trademarks of FileSmart.net, 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 FileSmart.net 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, FileSmart.net 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 User store on FileSmart.net's servers and for the data User permitted FileSmart.net to store on Third Party Services. User controls its data through its unique generated link. Sharebee.com 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. FileSmart.net will delete User data upon termination of this Agreement. However, FileSmart.net may retain User data in its archives after deletion and will not be liable to User in any way for such retained data. FileSmart.net does not garantee User data to be deleted that are stored on FileSmart.net's servers or Third Party Services.

4.1 Use of optional e-mail addresses
We may communicate with users from time to time via e-mail 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
FileSmart.net 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.

FileSmart.net reserves the right to immediately suspend or terminate any account or transmission that violates this policy, without prior notice.

5.1 Wrongful Conduct
User 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.

5.2 Access and Interference
Violations or attempts to violate FileSmart.net systems or to interrupt FileSmart.net 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 FileSmart.net 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 FileSmart.net; 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 FileSmart.net's infrastructure

5.3 Copyright or Trademark Infringement
FileSmart.net 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. FileSmart.net reserves the right to suspend or terminate a User's transmission(s) that, in FileSmart.net's discretion, violates these policies or violates any law or regulation.

5.4 Other Activities
Whether lawful or unlawful, FileSmart.net 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.

Please be aware FileSmart.net reserves the right to cancel any account or transmission they find in violation of any of the above policies or for any reason it considers appropriate. An explanation will not be provided.

Complaints about violators of our Policy should be sent via our contact form on this site.

6. No Warranty
You expressly understand and agree that: (a) your use of the Service is at your sole risk. FileSmart.net Services are provided on an "as is" and "as available" basis. FileSmart.net 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. FileSmart.net and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of our Services, software, or content; (b) FileSmart.net 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.

7. Indemnity
You agree to defend, indemnify, and hold harmless FileSmart.net, 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 the Service, or your breach of this Agreement or other FileSmart.net policies, terms and conditions.

8. Limitation of Liability
Your use of FileSmart.net 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 FileSmart.net 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
We reserve the right to change this Service Agreement 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.
9.1 Upon termination of this Agreement by either User or FileSmart.net, all of User rights under this Agreement, and FileSmart.net's provision of Services, will terminate immediately.

10. Miscellaneous
These terms and conditions will be governed by and construed in accordance with the laws of The Netherlands.

10.1 Exceptions
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.

Additional Information
Any questions relating to our Legal Agreements and Policies may be directed to FileSmart.net using the contact form.