|
Overview
These "Terms of Use" set forth the terms and conditions that apply to your use of Primeshare.net (the "Web Site"). By using the Web Site (other than to read this page for the first time), you agree to comply with all of the Terms of Use set forth herein. The right to use the Web Site is personal to you and is not transferable to any other person or entity.
By using the Web Site, you represent and warrant that you have read, understood, have the legal capacity to, and hereby agree to be legally bound by these terms and conditions.
Copyrights and Trademarks
a. All materials contained on the Web Site are Copyright November 30, 2009 Primeshare, Inc. All rights reserved.
b. No person is authorized to use, copy or distribute any portion the Web Site including related graphics.
c. Primeshare.net and other trademarks and/or service marks (including logos and designs) found on the Web Site are trademarks/service marks that identify
Primeshare.net and the goods and/or services provided by Primeshare.net. Such marks may not be used under any circumstances without the prior written authorization of Primeshare.net.
Links to Third Party Sites
Primeshare.net may provide hyperlinks to third-party web sites as a convenience to users of the Web Site. Primeshare.net does not control third-party web sites and is not responsible for the contents of any linked-to, third-party web sites or any hyperlink in a linked-to web site. Primeshare.net does not endorse, recommend or approve any third-party web site hyperlinked from the Web Site. Primeshare.net will have no liability to any entity for the content or use of the content available through such hyperlink.
Consent to Solitation Communications
By registering with Primeshare.net, you understand that we may send and you agree to receive electronic communications regarding the Web Site, including but not limited to (i) notices about your use of the Services, notices on violations of use, (ii)service updates, and (iii) promotional information on Primeshare.net’s products and services. We give you the opportunity to opt-out of receiving these communications by using the opt-out instructions that we provide in every message.
Acceptable Usage Policy
Unauthorized use of the Web Site, or the resale of Primeshare services without our prior written consent, is prohibited. It is forbidden to copy, sell, transfer, distribute, publish, or assign your access to our services in any format to any third party. Furthermore, you may not use the Services in any way that violates applicable federal, state, or international law, or for any unlawful purpose. Further, you may not use the Services to send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of others.
By using our services, you AGREE that you WILL NOT send scams, perform frauds, perform illegal activities, send unsollicited messages, pornography, or other actions that violate US or international laws.
Furthermore, you AGREE that Primeshare.net has the right to turn your information over to US and International law enforcement agencies if we determine at our sole discretion that you have used any of our systems including the Web Site, Primeshare iSMS, or Primeshare iMail to perform an illegal activity.
Please note that we prohibit sending messages on our systems for selling or buying pets internationally or other well known SCAMS.
We will monitor these messages for FRAUD and SCAMS verfication and we reserve the right to delete such messages, notify recipient of our suspicion of fraud and notify local and international law enforcement as we deem appropriate.
Additionally, Primeshare.net reserves the right, without limitation, to terminate your access to and use of the Web Site if, in our sole discretion, we determine that you have failed to follow the guidelines below:
a. You may not attempt to gain access to another user's account, Primeshar.net computers or networks without authorization.
b.
You may not misrepresent your identity or impersonate another person.
c.
You may not attempt to sell Primeshare.net services and charge others either directly or indirectly without our prior written permission.
d. You may not use Primeshare.netServices included but not limited to iMail and iSMS to send any unsolicited bulk e-mail or SMS communications
e. You may not use Primeshare.net to share any material protected by intellectual property laws unless you have received a written consent from the owner or unless you own the rights to such material.
f. You may not use the Web Site to share any content that contains viruses, Trojan horses, worms, corrupted files, or any other similar software that may harm another user's computer
g.
You may not attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer the Web Site and other Primeshare Services in any possible way.
h. You may not use the Web Site such as to generate excessive bandwidth and/or disk space usage as determined by Primeshare.net or its representative.
Primeshare.net or its representative will have the full right to determine your compliance to all of the above guidelines and will do so at its sole discretion. Primeshae.net does not monitor user content for compliance to other terms and conditions that the content may be subjected to. You acknowledge and agree that you are solely responsible for any content that you upload and/or share on Primehsare.net.
Procedure for Filing Copyright Infringement Complaints
Primeshare.net takes copyright law very seriously and requires all users to respect the rights of orginal content creators. Primeshare does not allow the user of the Web Site for the illegal sharing of copyrighted material and will take proper action to remove copy righted material from its servers if notifed by the owner of the content.
If you believe that a Primeshare.net user has copied your work illegally and has posted or shared it on Primeshare.net servers please open a ticket at Primeshare.net/support to report this incidence. You can also send a written letter with to DMCA Agent, Primeshare Inc, Silicon Valley Center, 2570 North 1st Street, San Jose, CA 95131. Please include the following information with your ticket:
a. The name, address, telephone number, and signature of the authorized owner of the copyrighted content
b. A description of the copyrighted work that you claim has been infringed upon; |
c. The URL of the material as posted on Primeshare.net
d. A statement that you have verified with the copyright owner and have confirmed that the owner or its agent has not authorized the disputed use and it is not permitted by law.
e. A statement by you, made under penalty of perjury, that the information in your ticket is accurate and that you are the copyright owner or are authorized to act his/her behalf.
Once we receive a complete DMCA Notice, we will evaluate your notice and take the appropriate actions under the Digital Millennium Copyright Act (.DMCA.), 17 U.S.C. § 512 et seq.
Privacy
Primeshare.net Privacy Policy is avaialble at www.Primeshare.net/privacy.html. It explains how we collect and user users' information. By using the Web Site services, you acknowledge and agree to the Primeshare.net privacy policy.
Termination of Service
Primeshare.net reserves the right to terminate without notice your use of the Web Site and to delete any data on Primeshare.net, in our sole discretion, without cause and/or without notice. You may terminate your user account upon a 30 day notice to Primeshare.net at any time. Upon termination of your account either by Primeshare.net or by your request, you may request a file of your data, and Primeshare.net will provide such a file for a fee within 60 days of your request. The fee will be determine by Primeshare.net or its representative. If you do not request for a file of your data within 7 days after the termination of your account, you will not be able to retrieve the data you have stored on Primeshare.net servers. Primeshare.net shall have no obligation to maintain your data and may permanently delete it from its servers.
In addition to other termination provisions, if you have a Starter Account (free 1.5GB accounts), your account is subject to termination if:
a. You do not perform any Primeshare.net activity for any consecutive period of 90 days. We will send you a 7 day advanced warning by email to inform you that your account will be terminated within seven (7) days due to inactivity. If no activity is generated on your account within 7 days following the notification email, we will close your account and we will delete any content that you have stored on our systems.
Payment of Fees
Primeshare.net fees are published on www.Primeshare.net. Primeshare.net reserves the right to change the fees or applicable charges at any time, upon thirty (30) days prior notice to you. All service notifications, including price changes, will be sent to the email address you used when creating your account.
Primeshare.net will automatically renew the service and will charge your credit card or PalPal account for a new term that has the same duration as the expiring term unless you submit a cancellation ticket and receive a cancellation confirmation from a Primeshare.net representative no later than 14 days before the expiration of the current term.
All Primeshare.net invoices are due 30 days after the billing date. Primeshare.net will disable a user's account if he fails to pays his invoice after the expiration of 30 days following the billing date. Further, if user do not pay the past due amount after 90 days his account will be deleted and all his data will be lost.
Refund Policy
All Primeshare.net services are prepaid for the selected recurring term and are non-refundable.
Other Terms
Primeshare.net may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. ANY CLAIM RELATED TO THIS CONTRACT MUST BE BROUGHT WITHIN ASIX MONTH PERIOD FOLLOWING THE DATE DISPUTE WAS DETERMINED. ANY CLAIM THAT IS FILED AFTER THE SIX MONTH PERIOD IS PERMANENTLY NULL AND VOID. In the event that Primeshare.net fails to exercise or enforce any right or provision of these terms and conditions, it shall not constitute a waiver of such right or provision.
No Representation or Warranties
The information and materials on the Web Site could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained herein. Primeshare.net MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEB SITE, ALL OF WHICH IS PROVIDED ON A STRICTLY "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEB SITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL THE SITE OWNER OR PUBLISHER BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF USE OR LOST PROFITS), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE USE OF INFORMATION OR SERVICES, OR THE FAILURE TO PROVIDE INFORMATION OR SERVICES, FROM THE WEB SITE.
Limitations on Liability
IN NO EVENT WILL Primeshare.NET BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH YOUR USE OF THE WEB SITE AND IN CONNECTION WITH THIS TERMS AND CONDITIONS OF USE, EVEN IF Primeshare.NET HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You agree to indemnify, defend and hold harmless the Web Site and its members, managers, officers, employees, agents and the assigns of same, from and against any and all loss, costs, expenses (including reasonable attorneys' fees and expenses), claims, damages and liabilities related to or associated with your use of the Web Site and any violation of this Terms and Conditions by you.
Governing Law and Jurisdiction
This Terms and Conditions of Use will be governed by and construed in accordance with the laws of the State of Delaware, excluding that body of law pertaining to conflict of laws.
Changes to this Terms and Conditionss and Conditions
Primeshare.net reserves the right to change these Terms of Use at any time by posting new Terms of Use at this location. You can send e-mail to Primeshare.net with any questions relating to these Terms of Use at info@Primeshare.net
Last Update
This Privacy Policy was last updated on July 4th, 2010.
Contact Information
Questions or comments regarding the Web Site should be sent by e-mail to info@Primeshare.net or by mail to
2570 North 1st Street Suite 200,
San Jose, CA 95131.
Phone: +1 408 273 4590