123File.com Terms of Service

This 123file.com Service Agreement (the "Agreement") describes the terms and conditions on which 123file.com ("we" or "our company") offer services to you ("Customer" or "You"). By registering for or using 123file.com services, Customer agrees to be bound by the following terms and conditions.

2.0 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 123file.com or by their respective third party authors, developers and vendors (collectively "Third Party Providers") and the underlying intellectual property rights are owned by 123file.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. 123file.com, the 123file.com logo and other 123file.com products referenced herein are trademarks of 123file.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.

3.0 Customer Data

Customer has sole responsibility and liability for the data its stores on 123file.com's servers. Customer controls its data through its generated link. 123file.com 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. 123file.com will delete Customer data upon termination of this Agreement. However, 123file.com may retain Customer data in its archives after deletion and will not be liable to Customer in any way for such retained data.

4.0 Acceptable Use

You agree to not use 123file.com's Service to:
a. upload, post, email, transmit or otherwise make available any Content that spreads messages of terror or depicts torture or death-images; if serious enough, the content will be reported to the appropriate legal authority and/or the member's ISP will be contacted;
b. harm minors in any way, this includes any form of child pornography; if serious enough, the content will be reported to the appropriate legal authority and/or the member's ISP will be contacted;
c. warez, mp3's, movies, software application or any other unauthorised distribution of copyrighted material.

4.1 Illegality/Adult Content

123file.com 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. 123file.com 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, 123file.com 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.

4.2 Access and Interference

Violations or attempts to violate 123file.com systems or to interrupt 123file.com 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 123file.com 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 123file.com; 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) Any action that imposes an unreasonable or disproportionately large load on 123file.com's infrastructure.

4.3 Copyright or Trademark Infringement

123file.com 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. 123file.com reserves the right to suspend or terminate a Customer's transmission(s) that, in 123file.com's discretion, violates these policies or violates any law or regulation.

4.4 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 123file.com servers.

4.5 Other Activities

Whether lawful or unlawful, 123file.com 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 123file.com reserves the right to cancel any account or transmission they find in violation of any of the above policies. If appropriate, 123file.com will refer complaints to law enforcement authorities, and in such case, 123file.com will actively assist law enforcement agencies with the investigation and prosecution of any such activities, including surrendering Customer account and data information

5.0 No Warranty

You expressly understand and agree that:
(a) your use of the Service is at your sole risk. 123file.com Services are provided on an "as is" and "as available" basis. 123file.com 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. 123file.com and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of our Services, software, or content.
(b) 123file.com 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.

6.0 Indemnity

You agree to defend, indemnify, and hold harmless 123file.com, 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 123file.com policies, terms and conditions.

7.0 Termination

(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) 123file.com believes that Customer have violated or acted inconsistently with this Agreement, or any of our policies; or
(b) Customer have failed to pay fees or other payments due to 123file.com; or
(c) 123file.com is unable to verify or authenticate any information Customer provides to 123file.com; or
(d) 123file.com believes that Customer's actions may cause legal liability for Customer, 123file.com's other clients, or 123file.com.
123file.com 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 123file.com 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 123file.com 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 123file.com, all of Customer rights under this Agreement, and 123file.com's provision of Services, will terminate immediately.

8.0 Miscellaneous

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. 123file.com's failure to act with respect to a breach by Customer or others does not waive 123file.com'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.

8.1 123file.com Confidential Information

You represent and warrant to 123file.com that (a) you are not a competitor of 123file.com, (b) you shall keep publicly unannounced information and materials pertaining to 123file.com, pre-release software, testing or testing procedures strictly confidential and (c) you shall not use any information gained from access to the 123file.com Web site or use of the 123file.com Services to compete with 123file.com in its business.

8.2 Relationship

Customer and 123file.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. Any customer found to be enticing, promoting, direct dealing or marketing similar services to that of 123file.com will be removed from our servers immediately.

8.3 Assignment

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.

8.4 Multiple Free Accounts

You agree not to register multiple free accounts on 123file.com and that your use of a freely hosted account is acceptable to 123file.com. The decisions and actions taken by 123file.com regarding free accounts are deemed final.

8.5 Viruses, Trojans & Malware

You agree not to upload files which contain viruses, Trojans, malware or any executable script which could cause potential harm to the machine's of other 123file.com registered users. Any files found to contain any content as mentioned above will be removed from our servers without notice.

9.6 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 contact.

Disclaimer: This policy is not a substitute for legal advice. If you have legal questions related to this policy, please contact your lawyer for further advice.