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Terms Of Service

In this Agreement, "We," "Us," and "Our" refer to 12GbFree.com; "You," "Your," and "Yourself" refer to the entity utilizing the 12GbFree.com free web hosting service; "Our Site" refers to the websites located at the URLs: http://12GbFree.com. 12GbFree.com provides its service to You, subject to the following Terms of Service ("TOS"). We may amend this Agreement at any time by posting the amended terms on Our Site. The amendment shall automatically become effective three (3) days after they are initially posted on Our Site. In addition, when using particular 12GbFree.com services, You shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into this TOS.

1. SERVICE DESCRIPTION

12GbFree.com currently provides users with access to a selection of resources, including free web hosting, use of our nameservers, free server space, free data transfer, free email and personalized content, through its network (the "System"). Unless explicitly stated otherwise, any new features that enhance the current System, including the release of new 12GbFree.com features, shall be subject to the TOS. You understand and agree that the System is provided "AS-IS," and that 12GbFree.com assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.

2. MEMBER CONDUCT

You agree to not use the System to:

  1. Upload, post, email or otherwise transmit any Content that is directed to inciting or producing imminent conduct that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable and is likely to produce such conduct;
  2. Harm minors in any way;
  3. Impersonate any person or entity, including, but not limited to, a 12GbFree.com official, forum leader, guide or host, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
  4. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the System;
  5. Upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. Upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  7. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," or "pyramid schemes;"
  8. Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the System are able to type, or otherwise act in a manner that negatively affects other user's ability to engage in real time exchanges;
  10. Interfere with or disrupt the System or servers or networks connected to the System, or disobey any requirements, procedures, policies or regulations of networks connected to the System;
  11. Intentionally or unintentionally violate any applicable local, state, national or international law;
  12. "stalk" or otherwise harass another;
  13. Collect or store personal data about other users without their knowledge;
  14. Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.
  15. If you are using email forwarding, you agree that we reserve the right at our sole discretion to filter and delete all spam emails.

3. SPECIAL CONSIDERATIONS FOR INTERNATIONAL USE

You agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data exported from the the country in which You reside.

4. CONTENT SUBMITTED TO 12GbFree.com

You agree that 12GbFree.com and its designees have the right to refuse or move any Content that is available through the System. Additionally, 12GbFree.com and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that You must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, You acknowledge that You may not rely on any Content created by 12GbFree.com or submitted to 12GbFree.com. You acknowledge and agree that We may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of 12GbFree.com, its users and the public. You understand that the technical processing and transmission of the System, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

5. PUBLIC CONTENT POSTED TO 12GbFree.com

6 (a) For purposes of the TOS, "publicly accessible areas of the System" are those accessible by the general public.
(b) With respect to Content You elect to post for inclusion in publicly accessible areas of 12GbFree.com or that consists of photos or other graphics You elect to post to any other publicly accessible area of the System, You grant 12GbFree.com the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on the System solely for the purpose of displaying, distributing and promoting the specific 12GbFree.com site to which such Content was submitted, or, in the case of photos or graphics, solely for the purpose for which such photo or graphic was submitted to the System. This license exists only for as long as You elect to continue to include such Content on the System and shall be terminated at the time You delete such Content from the System.

7. MODIFICATIONS TO SYSTEM

12GbFree.com reserves the right at any time to modify or discontinue, temporarily or permanently, the System, or any part thereof with or without prior notice. You agree that 12GbFree.com shall not be liable to You or to any third party for any modification, suspension or discontinuance of the System.

8. TERMINATION

You agree that 12GbFree.com may terminate Your password, account, 12GbFree.com Site, use of the System, or use of any other 12GbFree.com service, and remove and discard any Content within the System, for any reason, including, without limitation, for lack of use or if 12GbFree.com believes that You have violated or acted inconsistently with the provisions of the TOS. 12GbFree.com may also, at any time, discontinue providing the System, or any part thereof, with or without prior notice. You agree that any termination of Your access to the System under any provision of this TOS may be effected without prior notice, and acknowledge and agree that 12GbFree.com may immediately deactivate or delete Your account and 12GbFree.com Site and all related information and files in Your account and 12GbFree.com Site and/or bar any further access to such files or the System. Further, You agree that 12GbFree.com shall not be liable to You or any third-party for any termination of Your access to the System.

9. 12GbFree.com'S PROPRIETARY RIGHTS

You acknowledge and agree that the System and any necessary software used in connection with the System ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the System or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by 12GbFree.com or advertisers, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the System or the Software, in whole or in part. 12GbFree.com grants You a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that You do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the System. You agree not to access the System by any means other than through the interface that is provided by 12GbFree.com for use in accessing the System.

10. DISCLAIMER OF WARRANTIES

You expressly understand and agree that:
  1. Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. 12GbFree.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
  2. 12GbFree.com makes no warranty that (i) the system will meet your requirements, (ii) the system will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the system will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the system will meet your expectations, and (v) any errors in the software will be corrected.
  3. Any material downloaded or otherwise obtained through the use of the system 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.
  4. No advice or information, whether oral or written, obtained by you from 12GbFree.com or through or from the system shall create any warranty not expressly stated in the tos.

11. LIMITATION OF LIABILITY

You expressly understand and agree that 12GbFree.com shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if 12GbFree.com has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the system; (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 system; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the system; or (v) any other matter relating to the system.

12. NOTICE

Notices to You may be made via either email or regular mail. The System may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to You generally on the System.

13. MODIFICATION

We may modify any of the terms and conditions contained in this TOS at any time and in Our sole discretion. A change notice will be posted on Our Site and shall be effective after three (3) days after they are posted on Our Site.

14. GENERAL INFORMATION

This TOS constitutes the entire agreement between You and 12GbFree.com and governs Your use of the System, superceding any prior agreements between You and 12GbFree.com. You also may be subject to additional terms and conditions that may apply when You use affiliate services, third-party content or third-party software. The TOS and the relationship between You and 12GbFree.com shall be governed by the laws of the United Kingdom without regard to its conflict of law provisions. You and 12GbFree.com agree to submit to the personal and exclusive jurisdiction of the courts located in the United Kingdom. The failure of 12GbFree.com to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties agree that the court should proceed to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the System or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

15. VIOLATIONS

Any violations of the TOS should be reported to Us immediatly via support ticket. In the event that You breach any of the above provisions of this Agreement, You agree that We may terminate Your use of Our System. In the event such a breach occurs by You, We will post a page from Your domain name stating that You have violated Our terms and conditions of service.