This Hosted File agreement, in conjunction with the
Acceptable Use Policy, "AUP",
Privacy Policy and other terms and conditions of use which are incorporated herein by reference and may be posted and applicable to specific services, governs your use of the Hosted File website and are collectively referred to as the "Agreement".
Hosted File may modify the Agreement which will become effective immediately upon posting on the website. Your continued use of the website and any associated services, the "Services", indicates your acceptance of the Agreement. If you are dissatisfied with anything related to the Hosted File website, your sole remedy is to discontinue use of the Services. You use the Services of Hosted File at your own risk.
Hosted File Services are available to anyone over the age of 13, in observance of and compliance with the Children's Online Privacy Protection Act, who complies with the Hosted File Agreement, AUP and Privacy Policy. Anyone not in compliance may be removed and banned from the Services without prior notice. Hosted File reserves the right to terminate your access to any and/or all parts of the Services at any time for any reason without prior notice or liability. The terms of this Agreement, AUP and Privacy Policy shall survive any termination of your access to the Services.
You acknowledge that the Services contains various materials and content, without limitation, the "Content", provided either by Hosted File, third party authors, developers and vendors and the underlying intellectual rights, copyright and trademarks are owned by Hosted File and /or its contributors and may not be copied in whole or in part. All Content on the Services is copyrighted as a collective work of Hosted File pursuant to applicable copyright law. You may download, copy and make personal, non-commercial use of the Content permitted by the United States Copyright Act and not otherwise prohibited by any applicable law, rule or regulation; provided that you maintain all copyright and other notices contained in such Content; and provided that you shall not retain or store any significant portion of any Content. You will comply with laws regarding transmission of data.
You may upload on the Services Content created by you or for which you have received express permission from the owner so that other users may view and download said Content. You assume all risk and liability for the Content you upload. You grant, transfer and assign to Hosted File and its successors, assigns and licensees, FOR THE SOLE PURPOSE of enabling us to make your Content available through the Service, a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, translate and archive the Content.
Upload no files that are not allowed to be shared, or files that might be considered as illegal.
Gruesome, images/movies of death or abuse, and all other offensive or copyrighted material are prohibited. Hostedfile reserves the right to remove files at any time without giving a notice or reason. We do allow adult content and videos however they will not be able to be viewed accept to those who login and have verified valid birth date must be 18 years or older to view adult content. All adult content will be hosted on our sister server for adult content and not on Hostedfile.com.
You, not Hosted File, are solely responsible for the Content you upload and store on Hosted File servers. You bear full responsibility and sole liability for any lost or irrecoverable data. You understand and agree that Hosted File reserves the right to delete, move or edit any Content that it may determine violates this Agreement, its AUP, Privacy Policy or is otherwise unacceptable and may terminate your access to the Services, without prior notice and at its sole discretion. You understand that you may be exposed to offending Content and waive your right to any damages.
If your copyrighted or trademarked works are on the Hosted File website without your permission, please contact describing the work that has been infringed, where it is located on the website, and provide your contact information and a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the owner, or authorized by the owner, of the copyrighted or trademarked work. Illegal files will be removed imhostedtely after notice with sufficient information.
You control your data through its generated link via your free account and/or cookies which may be placed on your computer. Hosted File bears no responsibility for maintaining your data indefinitely.
You are responsible for maintaining the confidentiality of your access information and are responsible for all activities that occur utilizing your information. Although Hosted File will not be liable for any losses you might suffer, you may be liable for the losses of Hosted File or others.
Hosted File does not represent or endorse the accuracy of any Content and you acknowledge your use of Content is at your sole risk. Hosted File may, in its sole discretion, correct any errors or omissions in any Content. Hosted File Content may contain links to external sites; however, Hosted File is not responsible for any availability of or the content on or through any external site.
You are solely responsible for your interactions with other users of the Services. Any views expressed on the website do not reflect the views of Hosted File.
Hosted File 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 Services. Complaints about violators of our policies should be sent to . Each complaint will be investigated and appropriate action will be taken.
Hosted File may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any feature, database, or Content, without prior notice or liability.
Hosted File may contain links to third party websites. By use of the Services, you expressly relieve Hosted File from any and all liability arising from your use of any third-party website.
Light patterns, like those displayed when using the Services, may result in epileptic seizures in some people. Discontinue use of the Services, if advised by your physician or you experience epileptic symptoms.
NEITHER Hosted File NOR ANY PROVIDER OF ANY THIRD PARTY CONTENT WARRANTS THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR MAKE ANY WARRANTY OF THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES OR CONTENT. BOTH THE SERVICES AND CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER Hosted File NOR ANY THIRD PARTY MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES OR CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICES.
NEITHER Hosted File NOR ANY THIRD PARTY WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICES WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU AGREE THAT YOU ASSUME ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES AND THE ACCURACY AND COMPLETENESS OF THE CONTENT. Hosted File IS NOT RESPONSIBLE OR LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT OR FOR ANY VIOLATION OF ITS AUP.
You agree to indemnify, defend and hold Hosted File and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors harmless from and against any and all claims, liability, losses, damages, costs and expenses, including attorneys fees, incurred by any Hosted File Party in connection with any Content or use of the Services, whether via your password and by any other person, whether or not authorized by you. Hosted File reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Hosted File's defense of such claim.
NEITHER Hosted File NOR ANY THIRD PARTY PROVIDER SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Hosted FileS AGGREGATE LIABILITY TO YOUR OR ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Hosted File AND YOU. IN STATES NOT ALLOWING EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, Hosted File AND ANY THIRD PARTY PROVIDER SHALL BE LIMITED TO THE GREATEST EXTENT OF THE LAW.
This Agreement shall be construed in accordance with the laws of the State of Texas, without reference to principles of choice of law. You and Hosted File each irrevocably consent to the personal jurisdiction of the federal or state courts located in Harris County, Texas ("Courts") with respect to any action, suit or proceeding arising out of or related to this Agreement or to the Services and /or Content and waive any objection to venue in any of the Courts for such as action, suit or proceeding; additionally, you agree that you will not bring any such action, suit or proceeding in any court other than the Courts.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of this Agreement and any additional terms and conditions posted on the Services, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. If any provision of this Agreement is held invalid, illegal or unenforceable in any respect, (i) such provision shall be interpreted in such a manner as to preserve, to the maximum extent possible, the intent of the parties, (ii) the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and (iii) such decision shall not affect the validity, legality or enforceability of such provision under other circumstances.
