We may automatically amend this Agreement at any time by informing you of the amended terms via email to an email address you provide to us. Such amendments will be effective when sent. Alternatively, we may display the amended terms to you when you access your Account, in which case such terms shall be effective when posted. Otherwise, this Agreement may not be amended except in a writing signed by both parties.
1. Accounts are not available to minors. By accepting these terms, you confirm that you are capable of entering into a binding agreement. You are responsible for paying any applicable taxes and for any hardware, software, service and other costs you incur to access your Account. You shall comply with all laws and regulations applicable to the use of your Account.
2. We provide the Account and data storage space based on your selections and the fees that you have paid. Files will be stored for 14 days from the date of upload. Your Account may not be used by any other person besides you, and you shall not share or otherwise disclose your Account Password to any other person.
3. With respect to any content you send or store through your Account:
3.1 You are responsible for all such content.
3.2 Your content shall not: (a) infringe any third party’s intellectual property or publicity/privacy rights; (b) violate any law or regulation; (c) be defamatory, obscene, child pornographic or harmful to minors; or (d) contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You may not distribute unsolicited commercial messages through your Account or impose an unreasonable or disproportionately large load on our infrastructure.
4. Prebase Development may terminate this Agreement immediately for (a) lack of payment, (b) you breach this Agreement, (c) you infringe the intellectual property rights of a third party, (d) we are unable to verify or authenticate any information you provide to us (at no time can users share username/password information).
6. WE PROVIDE YOUR ACCOUNT AND OUR SERVICES "AS IS." WE EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. We do not warrant or ensure timely, secure, error free or virus free delivery of content. You understand that our services may be unavailable for extended periods of time, and we do not warrant or ensure the continuous availability of our services. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
7. IN NO EVENT SHALL OUR SUPPLIERS OR WE BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCOUNT OR THIS AGREEMENT. OUR LIABILITY TO YOU OR ANY THIRD PARTIES IS LIMITED TO $50.
If you have any questions about this agreement or the practices of Prebase Development contact:
7418 ET Deventer
© 2008 Prebase Development All rights reserved.