Willy Wupload
Active Member
omg its saying no user found with such an email...help!!!
got money
PM me, Boom!
Regards,
Willy!
Hm, I'll take a look at this, Northern!
Regards,
Willy!
Wupload.com
- Thread starter Willy Wupload
- Start date
- Status
PM me, Boom!
Regards,
Willy!
Hm, I'll take a look at this, Northern!
Regards,
Willy!
NorthernSoul
Active Member
hehe, I'm not really leaving you mate - I was spitting my dummy tis all...
Its this patience thing, 40 years and I still ain't learnt it :-)
Its this patience thing, 40 years and I still ain't learnt it :-)
wupload does not ban accounts because of FAKE movies or FAKE files.
if you cheat them they ban you. Who cares fake posts
some moron site owners are forcing people to buy 2nd wupload account
from their referrer sites to be editor in their sites. And wupload can do nothing.
cause its legal even if its not KIND action.
if you cheat them they ban you. Who cares fake posts
some moron site owners are forcing people to buy 2nd wupload account
from their referrer sites to be editor in their sites. And wupload can do nothing.
cause its legal even if its not KIND action.
@ Willy
hello ,, i was in another city and i opened wupload to check my account
then when i back to my city i found this massage
We have detected some suspicious behaviour coming from your IP address (196.219...... XFF: 200.200......) and have been temporarily blocked.
And This is Screen From The Problem
And i writed the Catpcha then it's work again
and now it's some time say that i got blocked and sometime it's work
so please Check My account and Fix it
waiting your Replay
hello ,, i was in another city and i opened wupload to check my account
then when i back to my city i found this massage
We have detected some suspicious behaviour coming from your IP address (196.219...... XFF: 200.200......) and have been temporarily blocked.
And This is Screen From The Problem
And i writed the Catpcha then it's work again
and now it's some time say that i got blocked and sometime it's work
so please Check My account and Fix it
waiting your Replay
Last edited:
Deadlysting
Active Member
I have to say that Wupload is running a lot smoother lately. Fast RU, faster navigation and better service in general.
Keep it up Willy
Keep it up Willy
Willy Wupload
Active Member
Just copy/paste .. guys no one can help you if you dont give more info on Willy
For the past 3 days I have been telling users that when they hit an error, they need to PM me information on it.
Please PM me the following info:
1) How are you uploading/downloading? (for Remote Upload, include where you're remote uploading from, what you're receiving - error or in queue. For FTP include the client you are using. Any 3rd party programs for upload or download, include)
2) What error are you receiving
3) When did this error occur
4) Your account ID - are you free/premium
5) Where are you located - a speed test for your connection
6) A traceroot to the server you are receiving issues from (if you know how to do this) or the link to the file which is giving you issues
The more information we have, the easier it is for us to identify issues, the root cause, and enables us to address it in a timely fashion. DO NOT post this information on the board, because you will be posting your personal information in public.
Writing "(upload/download) sucks/broken/down" etc, does not help anybody.
With cooperation we will be able to ensure fast and smooth support, and will help us create the best possible experience for you!
Regards,
Willy!
Willy Wupload
Active Member
Thanks, wtfcrane!
I was just about to copy/paste the same thing
Except one thing! For downloaders, please send me your IP address as well (by PM!)!
Regards,
Willy!
I was just about to copy/paste the same thing
Except one thing! For downloaders, please send me your IP address as well (by PM!)!
Regards,
Willy!
Terms and Conditions of Service
Terms of Use
This Wupload Service Agreement (the "Agreement") describes the Terms of Use on which Wupload ("we" or "our company") offer services to you ("User" or "You"). By joining, becoming a member of and/or registering for or using Wupload services, You agreeu to be bound by the following Terms of Use.
Eligibility for Wupload Services
Our Services are available only to individual and legal entities in good legal standing that can form legally binding contracts under applicable law. User hereby represents that he/she is at least eighteen years of age and otherwise capable of and authorized to enter binding contracts for User.
Wupload Services
Subject to the Terms of Use, Wupload makes certain Services available to User. For the purposes of this Agreement "User" refers to the individual or business entity that is using or registering to use the Services, including its employees and agents. Wupload "Services" means those electronic or interactive services offered by Wupload. Wupload reserves the right to change or discontinue any of the Services at any time.
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 Wupload 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, and archive (if applicable) the Content.
You, not Wupload, are solely responsible for the Content you upload and store on Wupload servers. You bear full responsibility and sole liability for any lost or irrecoverable data. You understand and agree that Wupload reserves the right to delete, move, archive (including account information) or edit any Content that it may determine violates this Agreement, its Intellectual Property 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.
User is solely responsible for maintaining the confidentiality of User access information, i.e. account ID's and passwords of its Authorized Users, and are responsible for all activities that occur under your account.
Ownership
You acknowledge that all materials (except those uploaded by users) provided on this Website, including but not limited to information, documents, products, logos, graphics, sounds, software and services (collectively "Materials"), are provided either by Wupload or by their respective third party authors, developers and vendors (collectively "Third Party Providers") and the underlying intellectual property rights are owned by Wupload and/or its Third Party Providers. Elements of the Website are protected by trade dress and other laws and may not be copied or imitated in whole or in part. Wupload, the Wupload logo and other Wupload products referenced herein are trademarks of Wupload, 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.
User Information
User represents and warrants that the information it provides in Wupload contact information forms is true, accurate, current and complete. User agrees to maintain and update this information to ensure that it is true, accurate, current and complete. If, at any time, any information provided by User is untrue, inaccurate, not current or incomplete, Wupload will have the right to suspend or terminate User's account and this Agreement.
Authoriziation
User may designate persons to act as its agents to use the Services, provided that each designated person has the legal capacity to enter into binding contracts for User. Furthermore, User represents and warrants that each person who registers under User's account is an authorized agent of User (an "Authorized User") who has such legal capacity.
Access
User is solely responsible and liable for any and all access to and use of the Services (including all activities and transactions) by any Authorized User and/or User ID registered under User's account, unless such access to or use of the Services is the direct result solely of the gross negligence of Wupload. It is User's responsibility, through its systems administrator Authorized User, to set the appropriate access for each of User's Authorized Users.
Data
User has sole responsibility and liability for the data its stores on Wupload's servers. User controls its data through its generated link. Wupload encourages User to archive its data regularly and frequently; User bears full responsibility for archiving its data and sole liability for any lost or irrecoverable data. User agrees to maintain its data in compliance with its legal obligations. Wupload will delete User data upon termination of this Agreement. However, Wupload may retain User data in its archives after deletion and will not be liable to User in any way for such retained data.
You agree to NOT use Wupload 's Service to:
Notifications
User will immediately notify Wupload if User notices any activity indicating that User's account or data is being used without authorization, including: (a) User has received confirmation of an order or orders placed using User's account which User did not place or any similar conflicting report; or (b) User becomes aware of any unauthorized use of any product or service related to its account(s).
Illegality/Adult Content
Wupload 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. Wupload reserves the right to immediately suspend or terminate any account or transmission that violates this policy, without prior notice. Further, should User violate this policy, Wupload will actively assist and cooperate with law enforcement agencies and government authorities in collecting and tendering information about User, User's site, the illegal or obscene content, and those persons that may have inappropriately accessed, acquired, or used the illegal or obscene content.
Wrongful Conduct
User shall not commit or permit wrongful or damaging acts which justify civil action including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent or intentionally inflicting emotional distress.
Access and Interference
Violations or attempts to violate Wupload systems or to interrupt Wupload services are strictly prohibited, and may result in criminal and civil liability. Examples of system violations include, without limitationa) Unauthorized access to or use of Wupload 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 Wupload; or (b) Interference with Service to any User 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 Wupload 's infrastructure. User shall not decompile, disassemble, decrypt, extract, reverse engineer or otherwise attempt to derive the source code of the "software tools" (including the tools, methods, processes, and infrastructure) underlying the Services
Infringements
Wupload Services may be used only for lawful purposes. Wupload has a zero tolerance approach towards any infringement and as an ISP is in full compliance with the United States Digital Millennium Copyright Act ("DMCA"). Wupload operates a clear copyright policy in relation to any Content alleged to infringe the copyright of a third party. Details of that policy can be found here www.wupload.com/dmca. As part of Wupload 's copyright policy, Wupload will terminate user access to the Website if a user has been determined to be a repeat infringer.
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. Wupload reserves the right to suspend or terminate a User's transmission(s) that, in Wupload's discretion, violates these policies or violates any law or regulation.
You acknowledge and agree that you are solely responsible for the content that you upload, store or share with others using the Service (collectively "User Content"), and for the consequences of uploading, storing or sharing any User Content. You agree that you will not use the Service to upload, store, or share User Content that you did not create or that you do not have permission to upload, store, and share. You promise that you have all intellectual property rights (including without limitation copyright and trademark rights), licenses, and permissions that may be needed to upload, store, or share your User Content. By uploading, storing, or sharing any User Content, you promise that doing so does not infringe any intellectual property rights of another person. You agree that you will not use the Service or the Site to post, transmit, or share child pornography. The use of the Service or the Site to publish or transmit child pornography will not be tolerated. If identified, it will be reported to law enforcement authorities and will result in termination of your account.
You understand and agree that Wupload may immediately suspend access to, terminate or remove, without notice, any account or content that violates any of these prohibitions. You agree that you will comply with all applicable terms, conditions and rules regarding the use of any website, forum, or service in or through which any link to content uploaded and stored using the Service is posted or distributed. You understand and agree that failure to do so may result in the suspension or termination of your account or of access to the Service. You understand that Wupload does not promise that User Content you upload, store, or share using the Service will be maintained by Wupload. You are solely responsible for creating backup copies of and replacing any and all User Content, at your own cost and expense. You agree that Wupload has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Content. Wupload retains the right to create and revise limits on use, storage, upload and download speeds, sharing, maximum number and duration of look-ups or downloads and any other aspect of the Service, at its sole discretion and at any time, with or without notice.
Wupload will not routinely screen, monitor, review or revise User Content uploaded, stored, or shared using the Service. However, Wupload may review any such content and Wupload reserves the right to refuse to accept, store, or permit the sharing of any User Content, to remove any User Content from the Service, and to prevent the uploading, storage, or sharing of any User Content. Wupload does not endorse or support any User Content. Wupload does not guarantee the accuracy or reliability of any User Content. Wupload does not guarantee that User Content does not infringe third party rights, including intellectual property rights. Wupload does not guarantee that User Content will not be harmful or offensive. Wupload does not guarantee that User Content will comply with these Terms of Service. You acknowledge that any use of or reliance on User Content obtained through the Service will be at your own risk. If you become aware of any User Content that you believe violates these Terms of Service, or that is otherwise objectionable, you may inform Wupload.
Wupload permits the uploading of content and the hosting, sharing and publishing of such user uploads through links. You understand that whether or not such User uploads are published and/or uploaded, Wupload does not guarantee any confidentiality with respect to any uploads.
Wupload allows/permits you to link to materials on the Website for personal, commercial and non-commercial purposes only. Wupload reserves the right to discontinue any aspect of the Wupload website at any time.
You shall be solely responsible for any and all of your own uploads and the consequences of posting, uploading and publishing them. Furthermore, with uploaded content, you affirm, represent and/or warrant that:
You agree that Wupload may at its sole discretion have the right to refuse to publish, remove, or block access to any User uploads that is available via the Website at any time, for any reason, or for no reason at all, with or without notice.
Wupload provides its website as a service to its users. However, Wupload assumes no responsibility whatsoever for monitoring the Wupload Services for inappropriate content or conduct. Wupload assumes no responsibility for the content, no obligation to modify or remove any inappropriate content and no responsibility for the conduct of the User uploads of any such content. Wupload may review and delete any User uploads that, in its sole judgment, violates this Agreement or may be otherwise offensive or illegal, or violate the rights, harm, or threaten the safety of any User or person not associated with the Website. You are solely responsible for the uploads that you make available to any third-party website provided by the Website or any other material or information that you transmit or share with other Users or unrelated third-parties via the Website.
Termination of Accounts
By using our site and/or service, you agree that we are authorized to block your access and delete your files for any violation of our Terms of Use or for the following reason we deem necessary.
We have a policy of terminating, without notice and without recourse, accounts of subscribers or account holders who are repeat infringers of copyright and you agree that we may apply that policy to your account or subscription in our sole judgment based upon a suspicion on our part or a notification we receive regardless of proof of infringement.
A User's access to Wupload will be terminated if, under appropriate conditions, the User is determined to infringe repeatedly.
Wupload reserves the right to decide whether Content or if a User's uploads are appropriate and comply with these Terms of Use in regards to violations other than copyright infringement or privacy law, such as, but not limited to, hate crimes, pornography, obscene or defamatory material, or excessive length. Wupload may remove such User uploads and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
Misuse
User 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 Wupload servers.
Other
Whether lawful or unlawful, Wupload 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 Service or the Internet. Please be aware Wupload reserves the right to cancel any account or transmission they find in violation of any of the above policies. If appropriate, Wupload will refer complaints to law enforcement authorities, and in such case, Wupload will actively assist law enforcement agencies with the investigation and prosecution of any such activities, including surrendering User accounts and data information. Complaints about violators of our Policy should be sent via e-mail to abuse@wupload.com. Each complaint will be investigated and may result in immediate cancellation of Services without prior notice.
No Warranty
You expressly understand and agree that: (a) your use of the Service is at your sole risk. Wupload Services are provided on an "as is" and "as available" basis. Wupload 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. Wupload and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of our Services, software, or content; (b) Wupload 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 of Use.
Indemnity
You agree to defend, indemnify and hold harmless Wupload, 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 of the Service, or your breach of this Agreement or other Wupload policies, Terms of Use.
Limitation of Liability
Your use of Wupload is at your own risk. If you are dissatisfied with any aspect of our Service or with these terms & conditions, or any other rules or policies, your sole remedy is to discontinue use of the Service. You expressly understand and agree that Wupload shall not be liable for any direct, indirect, incidental, special, consequential exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (I) the use or the inability to use the Service; (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 Service; (III) unauthorized access to or alteration of your transmissions or data; (IV) statements or conduct of any third party on the service; or (V) any other matter relating to the Service.
Modifications
Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version. Wupload may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits. As such, we reserve the right to change these Terms of Use at any time without notice. We also reserve the right at any time to modify or discontinue the Service, temporarily or permanently, with or without notice to you. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service. You acknowledge that we may establish general practices and limits concerning use of the Service, including the maximum disk space that will be allotted on Wupload 's servers on your behalf and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. Further, you acknowledge that Wupload may change subscription fees at any time without notice. Changes in subscription fees will take effect on expiration of any existing User subscription.
Termination
Without limiting other remedies, Wupload may immediately issue a warning, suspend (i.e., lock out access and operation of Services for User) either temporarily or indefinitely, or terminate User's account and refuse to provide Services to User if: (a) Wupload believes that User has violated or acted inconsistently with this Agreement, or any of our policies; or (b) User has failed to pay fees or other payments due to Wupload; or (c) Wupload is unable to verify or authenticate any information User provides to Wupload; or (d) Wupload believes that User's actions may cause legal liability for User, Wupload 's other clients, or Wupload. Wupload 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 of Use may be effected without prior notice and acknowledge and agree that Wupload 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 Wupload 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 User or Wupload, all of User rights under this Agreement, and Wupload 's provision of Services, will terminate immediately.
General
These Terms of Use will be governed by and construed in accordance with the Laws of the Hong Kong, excluding that body of law governing conflict of laws. Any legal action or proceeding relating to or arising out of these Terms or your use of the Website will be brought in Hong Kong and you submit to the venue and personal jurisdiction of such court. 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. Wupload 's failure to act with respect to a breach by User or others does not waive Wupload 's right to act with respect to subsequent or similar breaches. No action by User 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.
User and Wupload are strictly independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
User 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.
Operation of our Services may be interfered with by numerous factors outside of our control and we shall not be liable to you for any delay or failure in performance under this Agreement resulting directly or indirectly from causes beyond Wupload 's control.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, as narrowly as possible and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Wupload Confidential Information
You represent and warrant to Wupload that you are not a competitor of Wupload AND you shall keep publicly unannounced information and materials pertaining to Wupload, pre-release software, testing or testing procedures strictly confidential AND you shall not use any information gained from access to the Wupload Website or use of the Wupload Services to compete with Wupload in its business.
Exceptions
Except for other agreements or terms appearing on the Web site, this Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
Terms & Conditions: Wupload Affiliate Program
By becoming a Wupload Affiliate, you agree to the Terms of Service and to be bound by the terms hereto ("Affiliate Terms"). This Affiliate Terms of Use Agreement (the "Agreement") is entered into by you (hereinafter referred to as the "Affiliate") and Wupload, doing business as " Wupload.com" (hereinafter referred to as " Wupload " and/or " Wupload.com").
Affiliates may only register/have one account.
Wupload prohibits any and all illegal activity including the uploading of illegal content, copyrighted content and all other infringements on third party rights. As affiliates, you should become familiar with our policy and terms to avoid being in breach of our terms.
By clicking on I accept or related button, the affiliate is entering into this legal agreement with Wupload and affirmatively stating that same has read, understands and accepts the agreement and as such agrees to be bound by the Terms of Use set forth herein. Affiliate cannot join the affiliate program unless accepting each and every term and condition herein.
In order to enroll and participate, the affiliate must be over eighteen (18) years of age and/or over the age of majority if residing and/or conducting business in states, provinces or countries where the age of majority is greater than eighteen (18) years of age. If affiliate is a corporation or any other legal entity, its shareholders, partners and directors must be over eighteen (18) years of age and/or over the age of majority if residing and/or conducting business in states, provinces or countries where the age of majority is greater than eighteen (18) years of age. The affiliate must be vested with the authority to enter into contracts on behalf of the entity or person entering said agreement.
All payments made are in U.S. / American dollars ("USD").
All payment/payout terms, conditions, payment dates, commissions (if applicable) and other monetary and other relevant provisions can be found at http://www.wupload.com/affiliate-program and are subject to change with proper notice to the affiliate via the e-mail supplied at signup.
The affiliate acknowledges and understands that any breach of these terms gives Wupload.com the right to revoke one's affiliate status without notice as well as cancel the affiliate's account and all monies due will be forfeited as partial damages for violation(s) of the terms and services of the Agreement.
Wupload.com does not tolerate "spamming." No spamming of any kind or in any form, whatsoever, is permitted. Wupload does not allow affiliates to market under this program through the transmission of unsolicited bulk e-mails, therefore, it is extremely important that any mass e-mailings by you conform to our policies. To comply with the new US Federal Law, CAN-SPAM Act of 2003 Wupload strictly enforces the following policy.
Wupload.com does not tolerate illegal content. Child Pornography, bestiality, rape, torture, snuff, death and/or any other type of obscene and/or illegal material shall not be tolerated by Wupload.com. Should an affiliate send hits or cause hits to be sent from any site which contains Child Pornography, bestiality, rape, torture, snuff, death of any other type of obscene and/or illegal material, status as Webmaster will be revoked without notice and account cancelled and all monies due to the affiliate will be forfeited as partial damages for violation(s) of the terms and services of the Agreement. Furthermore, should an affiliate website contain any child pornography, bestiality, rape, torture, snuff, death and/or any other type of obscene and/or illegal material of any kind, Wupload.com shall revoke the webmaster's status without notice and terminate the account and all monies due to the affiliate will be forfeited as partial damages for violation(s) of the terms and services of the Agreement.
Wupload.com does not accept traffic from any site that contains materials which constitutes an infringement, misappropriation or violation of any individual's or entity's intellectual property rights including but not limited to copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights, etc. If you send hits or cause hits to be sent from any site which constitutes an infringement, misappropriation or violation of any individual's or entity's intellectual property rights, your status as affiliate will be revoked without notice and your account cancelled and all monies due to you will be forfeited as partial damages for violation(s) of the terms and services of the Agreement. Furthermore, should an affiliate website contain any material which in Wupload 's sole discretion constitutes an infringement, misappropriation or violation of any individual's or entity's intellectual property rights including but not limited to copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights, etc., Wupload.com shall revoke the webmaster's status without notice and terminate the account and all monies due to the affiliate will be forfeited as partial damages for violation(s) of the terms and services of the Agreement.
Wupload.com shall not tolerate any form of deceptive, unfair and/or false advertising by an affiliate and all such practices are prohibited.
Wupload.com shall not tolerate any spyware or ad-aware and shall not accept referrals obtained through Spyware or ad-ware and all other software which sends data back to the user with his/her knowledge and/or consent.
The Affiliate acknowledges and agrees that Wupload shall have the right to revoke the affiliate's status without notice and terminate the account and all retain monies due to the affiliate as partial damages for violation(s) of the Terms of Use of the Agreement if in Wupload 's sole and unfettered discretion, the affiliate has violated any of the terms of the agreement. Further, the affiliate acknowledges and agrees that Wupload may delete/disable any and all of the affiliate's links.
The affiliate acknowledges and agrees that Wupload may delete/disable any and all of the affiliates links/uploads it judges at its sole and unfettered discretion to be in violation with the present Terms of Use and no damage/compensation of any kind shall be owed to the affiliate. Wupload shall be under no obligation whatsoever to keep any links deemed in breach active.
Affiliate acknowledges and agrees that Wupload shall have the right, in its sole and exclusive discretion, at any time during the term of this agreement, to expand or modify what it determines to constitute possible fraudulent activity.
Should any law enforcement agency, internet service provider or other individual or entity provide Wupload.com with notice that an affiliate has engaged in the transmission of unsolicited e-mails or have otherwise engaged in unlawful conduct or conduct in violation of said service provider's terms of service, Wupload.com reserves the right to cooperate in any investigation relating to your activities, including the disclosure of your account information in connection therewith.
"Confidential Information" shall be defined as any information, oral or written, treated as confidential that relates to either party's (or, if either party is bound to protect the confidentially of any other persons information, such other persons) past, present or future research, development or business activities, including any unannounced product(s) and service(s) and including any information relating to services, trade secrets, intellectual property, developments, designs, inventions, processes, plans, financial information, User and supplier lists, forecasts, and projections. Confidential information shall also include the terms of this Agreement, any date, idea, technology, know-how, inventions, algorithms, process, technique, program, computer software, computer code, and related documentation, work-in-progress, future development, engineering, distribution, manufacturing, marketing, business, technical, financial or personal matter relating to any actor or actress present or future products, sales, Users, employees, opportunities, markets or business in graphic text or electronic or any other form, that is treated as confidential by either party. The affiliate agrees it shall not disclose of any Confidential Information to any third party and shall not use confidential information for any purpose other than performance of the right obligations of the agreement. Affiliate shall also take all and any reasonable precautions to prevent any unauthorized disclosure of Confidential Information.
Wupload.com reserves the right to cancel this program at any time.
Wupload.com shall not be liable for any losses due to server downtime, net congestions and any and all similar and like occurrences or difficulties.
The parties to the agreement shall not be liable or be considered in breach or default under the Agreement on account of delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond the party's reasonable control and that such party is unable to overcome through the exercise of commercially reasonable diligence, including but not limited to acts of God; wars, riots, acts of civil or military authority, terrorism; fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; strikes, etc.
The Terms of Use of this Agreement are subject to change by Wupload.com at any time in its sole discretion. You shall be provided reasonable notice of any such changes by e-mail to your address on our records or by posting the changes on the site and such shall be considered sufficient notice for notifying you of a modification to the Terms of Use of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Program rules. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program, following Wupload 's posting of a change notice or new agreement on the site, will constitute binding acceptance of the change and shall constitute confirmation of Webmaster's acknowledgement and assent to any such modifications. You affirm that you have read this Agreement and understand, agree and consent to its Terms of Use.
Nothing in this Agreement shall be construed so as to create a relationship of partners, any partnership, joint venture, agency franchise, sales representative, or employment relationship between the parties. Affiliate will have no authority to make or accept any offers or representations on behalf of Wupload.com. Affiliate will not make any statement, whether on their website or otherwise, that would reasonably contradict anything in this Section. Affiliate is not an agent of the Wupload.com and Wupload.com expressly disclaims responsibility for any conduct by affiliate in violation of our terms of agreement.
Wupload will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Affiliate Program, even if Wupload.com have been advised of the possibility of such damages. Furthermore, Wupload 's aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to the affiliate under this Agreement.
Affiliate hereby represents and warrants to Wupload.com that this Agreement has been duly and validly executed and delivered by the affiliate and constitutes said affiliate's legal, valid and binding obligation, enforceable against affiliate in accordance with its terms; and that the execution, delivery and performance by the affiliate of this Agreement are within their legal capacity and power; have been duly authorized by all requisite action on their part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which affiliate are subject or which is binding upon affiliate, or (ii) the terms of any other agreement, document or instrument applicable to affiliate or binding upon the affiliate. Should any law enforcement agency or internet service provider provide Wupload.com with notice that the affiliate has engaged in transmission of unsolicited bulk e-mails or have otherwise engaged in unlawful conduct or conduct in violation of said service provider's terms of service, Wupload.com reserves the right to cooperate in any investigation relating to affiliates activities including disclosure of affiliates account information in connection therewith.
The Affiliate may not assign this Agreement including the rights and obligations to any third party without the prior express written approval of Wupload.com.
If any term, clause or provision of the agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
Affiliate hereby agrees to indemnify, defend and hold harmless Wupload.com, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by Wupload (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim use of the Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any promise, covenant, representation or warranty made by the affiliate herein; or (iii) or any whatsoever claim related to affiliate site.
This Agreement shall be binding; the failure of Wupload.com to enforce the strict performance of the terms of any provision of this Agreement shall not be deemed a waiver of the right of Wupload.com to subsequently strictly enforce any provision of this Agreement. This Agreement constitutes the entire agreement between the affiliate and Wupload.com. If for any reason a court of competent jurisdiction finds that any provision of this Agreement, or portion thereof, to unenforceable, in whole or in part, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement and the remainder of this Agreement shall continue in full force and effect.
By signing up to the affiliate program, and by supplying Wupload.com with all the required information to sign up as a Webmaster, the affiliate is acknowledging that they have read and agreed to all of the Terms of Use, promises, warranties, duties and obligations set forth in the above agreement and agree to be bound by the terms thereof.
As an affiliate you agree to respect all other Terms of Use listed herewith including but not limited to our policy regarding copyright infringement, illegal content and the infringement of any intellectual property rights.
Wupload is aimed at personal and business needs in relation to creating solutions for the hosting and sharing of their files and as such does not condone abuse of its service through the uploading of infringing content. Wupload complies with any and all takedown notifications including the DMCA and shall terminate/ban repeat infringers.
Please e-mail reports of any Terms of Use violations or questions to abuse@wupload.com
http://www.wupload.com/terms-and-conditions
where are write to fake files ?
Terms of Use
This Wupload Service Agreement (the "Agreement") describes the Terms of Use on which Wupload ("we" or "our company") offer services to you ("User" or "You"). By joining, becoming a member of and/or registering for or using Wupload services, You agreeu to be bound by the following Terms of Use.
Eligibility for Wupload Services
Our Services are available only to individual and legal entities in good legal standing that can form legally binding contracts under applicable law. User hereby represents that he/she is at least eighteen years of age and otherwise capable of and authorized to enter binding contracts for User.
Wupload Services
Subject to the Terms of Use, Wupload makes certain Services available to User. For the purposes of this Agreement "User" refers to the individual or business entity that is using or registering to use the Services, including its employees and agents. Wupload "Services" means those electronic or interactive services offered by Wupload. Wupload reserves the right to change or discontinue any of the Services at any time.
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 Wupload 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, and archive (if applicable) the Content.
You, not Wupload, are solely responsible for the Content you upload and store on Wupload servers. You bear full responsibility and sole liability for any lost or irrecoverable data. You understand and agree that Wupload reserves the right to delete, move, archive (including account information) or edit any Content that it may determine violates this Agreement, its Intellectual Property 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.
User is solely responsible for maintaining the confidentiality of User access information, i.e. account ID's and passwords of its Authorized Users, and are responsible for all activities that occur under your account.
Ownership
You acknowledge that all materials (except those uploaded by users) provided on this Website, including but not limited to information, documents, products, logos, graphics, sounds, software and services (collectively "Materials"), are provided either by Wupload or by their respective third party authors, developers and vendors (collectively "Third Party Providers") and the underlying intellectual property rights are owned by Wupload and/or its Third Party Providers. Elements of the Website are protected by trade dress and other laws and may not be copied or imitated in whole or in part. Wupload, the Wupload logo and other Wupload products referenced herein are trademarks of Wupload, 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.
User Information
User represents and warrants that the information it provides in Wupload contact information forms is true, accurate, current and complete. User agrees to maintain and update this information to ensure that it is true, accurate, current and complete. If, at any time, any information provided by User is untrue, inaccurate, not current or incomplete, Wupload will have the right to suspend or terminate User's account and this Agreement.
Authoriziation
User may designate persons to act as its agents to use the Services, provided that each designated person has the legal capacity to enter into binding contracts for User. Furthermore, User represents and warrants that each person who registers under User's account is an authorized agent of User (an "Authorized User") who has such legal capacity.
Access
User is solely responsible and liable for any and all access to and use of the Services (including all activities and transactions) by any Authorized User and/or User ID registered under User's account, unless such access to or use of the Services is the direct result solely of the gross negligence of Wupload. It is User's responsibility, through its systems administrator Authorized User, to set the appropriate access for each of User's Authorized Users.
Data
User has sole responsibility and liability for the data its stores on Wupload's servers. User controls its data through its generated link. Wupload encourages User to archive its data regularly and frequently; User bears full responsibility for archiving its data and sole liability for any lost or irrecoverable data. User agrees to maintain its data in compliance with its legal obligations. Wupload will delete User data upon termination of this Agreement. However, Wupload may retain User data in its archives after deletion and will not be liable to User in any way for such retained data.
You agree to NOT use Wupload 's Service to:
- upload, post, e-mail, transmit or otherwise make available any Content that spreads messages of terror or depicts torture or death or other illegal acts; if serious enough, the content will be reported to the appropriate legal authority and/or the member's ISP will be contacted;
- harm minors in any way, this includes all and any form of child pornography; users involved will be permanently removed from the service, the content will be reported to the appropriate legal authority and/or the member's ISP will be contacted without notice or delay;
- upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
- upload any content related to animals sex, violence, scat or any other illegal content. Uploading any of listed above files will get your account closed.
Notifications
User will immediately notify Wupload if User notices any activity indicating that User's account or data is being used without authorization, including: (a) User has received confirmation of an order or orders placed using User's account which User did not place or any similar conflicting report; or (b) User becomes aware of any unauthorized use of any product or service related to its account(s).
Illegality/Adult Content
Wupload 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. Wupload reserves the right to immediately suspend or terminate any account or transmission that violates this policy, without prior notice. Further, should User violate this policy, Wupload will actively assist and cooperate with law enforcement agencies and government authorities in collecting and tendering information about User, User's site, the illegal or obscene content, and those persons that may have inappropriately accessed, acquired, or used the illegal or obscene content.
Wrongful Conduct
User shall not commit or permit wrongful or damaging acts which justify civil action including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent or intentionally inflicting emotional distress.
Access and Interference
Violations or attempts to violate Wupload systems or to interrupt Wupload 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 Wupload 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 Wupload; or (b) Interference with Service to any User 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 Wupload 's infrastructure. User shall not decompile, disassemble, decrypt, extract, reverse engineer or otherwise attempt to derive the source code of the "software tools" (including the tools, methods, processes, and infrastructure) underlying the ServicesInfringements
Wupload Services may be used only for lawful purposes. Wupload has a zero tolerance approach towards any infringement and as an ISP is in full compliance with the United States Digital Millennium Copyright Act ("DMCA"). Wupload operates a clear copyright policy in relation to any Content alleged to infringe the copyright of a third party. Details of that policy can be found here www.wupload.com/dmca. As part of Wupload 's copyright policy, Wupload will terminate user access to the Website if a user has been determined to be a repeat infringer.
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. Wupload reserves the right to suspend or terminate a User's transmission(s) that, in Wupload's discretion, violates these policies or violates any law or regulation.
You acknowledge and agree that you are solely responsible for the content that you upload, store or share with others using the Service (collectively "User Content"), and for the consequences of uploading, storing or sharing any User Content. You agree that you will not use the Service to upload, store, or share User Content that you did not create or that you do not have permission to upload, store, and share. You promise that you have all intellectual property rights (including without limitation copyright and trademark rights), licenses, and permissions that may be needed to upload, store, or share your User Content. By uploading, storing, or sharing any User Content, you promise that doing so does not infringe any intellectual property rights of another person. You agree that you will not use the Service or the Site to post, transmit, or share child pornography. The use of the Service or the Site to publish or transmit child pornography will not be tolerated. If identified, it will be reported to law enforcement authorities and will result in termination of your account.
You understand and agree that Wupload may immediately suspend access to, terminate or remove, without notice, any account or content that violates any of these prohibitions. You agree that you will comply with all applicable terms, conditions and rules regarding the use of any website, forum, or service in or through which any link to content uploaded and stored using the Service is posted or distributed. You understand and agree that failure to do so may result in the suspension or termination of your account or of access to the Service. You understand that Wupload does not promise that User Content you upload, store, or share using the Service will be maintained by Wupload. You are solely responsible for creating backup copies of and replacing any and all User Content, at your own cost and expense. You agree that Wupload has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Content. Wupload retains the right to create and revise limits on use, storage, upload and download speeds, sharing, maximum number and duration of look-ups or downloads and any other aspect of the Service, at its sole discretion and at any time, with or without notice.
Wupload will not routinely screen, monitor, review or revise User Content uploaded, stored, or shared using the Service. However, Wupload may review any such content and Wupload reserves the right to refuse to accept, store, or permit the sharing of any User Content, to remove any User Content from the Service, and to prevent the uploading, storage, or sharing of any User Content. Wupload does not endorse or support any User Content. Wupload does not guarantee the accuracy or reliability of any User Content. Wupload does not guarantee that User Content does not infringe third party rights, including intellectual property rights. Wupload does not guarantee that User Content will not be harmful or offensive. Wupload does not guarantee that User Content will comply with these Terms of Service. You acknowledge that any use of or reliance on User Content obtained through the Service will be at your own risk. If you become aware of any User Content that you believe violates these Terms of Service, or that is otherwise objectionable, you may inform Wupload.
Wupload permits the uploading of content and the hosting, sharing and publishing of such user uploads through links. You understand that whether or not such User uploads are published and/or uploaded, Wupload does not guarantee any confidentiality with respect to any uploads.
Wupload allows/permits you to link to materials on the Website for personal, commercial and non-commercial purposes only. Wupload reserves the right to discontinue any aspect of the Wupload website at any time.
You shall be solely responsible for any and all of your own uploads and the consequences of posting, uploading and publishing them. Furthermore, with uploaded content, you affirm, represent and/or warrant that:
- you own or retain the necessary licenses, rights, consents, and permissions to use all trademarks, copyrights, trade secrets, patents, or other proprietary rights; and
- You will not upload, or allow anyone else to upload, any material in breach of the Terms of Use referred to herein.
- You retain all of your ownership rights in your uploads.
- submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Wupload all of the license rights granted herein;
- publish falsehoods or misrepresentations that could damage Wupload or any third party;
- submit material that is obscene, illegal, unlawful, defamatory, libelous, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- Upload any and all viruses.
- Impersonate another person. Wupload does not endorse any User uploads or any opinion, recommendation, or advice expressed therein and Wupload expressly disclaims any and all liability in connection with User uploads. Wupload does not permit copyright infringing activities and infringement of intellectual property rights through its service and Wupload will remove all Content and User uploads if properly notified that such Content or User uploads infringes on another's intellectual property rights. Wupload reserves the right to remove Content and User uploads without prior notice or delay. Wupload will also terminate a User's access to its Service, if they are determined to be an infringer. Wupload also reserves the right to decide in its sole and unfettered discretion, whether User uploads are appropriate and comply with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscene or defamatory material, or excessive length. Wupload may remove such User uploads and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
You agree that Wupload may at its sole discretion have the right to refuse to publish, remove, or block access to any User uploads that is available via the Website at any time, for any reason, or for no reason at all, with or without notice.
Wupload provides its website as a service to its users. However, Wupload assumes no responsibility whatsoever for monitoring the Wupload Services for inappropriate content or conduct. Wupload assumes no responsibility for the content, no obligation to modify or remove any inappropriate content and no responsibility for the conduct of the User uploads of any such content. Wupload may review and delete any User uploads that, in its sole judgment, violates this Agreement or may be otherwise offensive or illegal, or violate the rights, harm, or threaten the safety of any User or person not associated with the Website. You are solely responsible for the uploads that you make available to any third-party website provided by the Website or any other material or information that you transmit or share with other Users or unrelated third-parties via the Website.
Termination of Accounts
By using our site and/or service, you agree that we are authorized to block your access and delete your files for any violation of our Terms of Use or for the following reason we deem necessary.
We have a policy of terminating, without notice and without recourse, accounts of subscribers or account holders who are repeat infringers of copyright and you agree that we may apply that policy to your account or subscription in our sole judgment based upon a suspicion on our part or a notification we receive regardless of proof of infringement.
A User's access to Wupload will be terminated if, under appropriate conditions, the User is determined to infringe repeatedly.
Wupload reserves the right to decide whether Content or if a User's uploads are appropriate and comply with these Terms of Use in regards to violations other than copyright infringement or privacy law, such as, but not limited to, hate crimes, pornography, obscene or defamatory material, or excessive length. Wupload may remove such User uploads and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
Misuse
User 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 Wupload servers.
Other
Whether lawful or unlawful, Wupload 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 Service or the Internet. Please be aware Wupload reserves the right to cancel any account or transmission they find in violation of any of the above policies. If appropriate, Wupload will refer complaints to law enforcement authorities, and in such case, Wupload will actively assist law enforcement agencies with the investigation and prosecution of any such activities, including surrendering User accounts and data information. Complaints about violators of our Policy should be sent via e-mail to abuse@wupload.com. Each complaint will be investigated and may result in immediate cancellation of Services without prior notice.
No Warranty
You expressly understand and agree that: (a) your use of the Service is at your sole risk. Wupload Services are provided on an "as is" and "as available" basis. Wupload 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. Wupload and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of our Services, software, or content; (b) Wupload 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 of Use.
Indemnity
You agree to defend, indemnify and hold harmless Wupload, 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 of the Service, or your breach of this Agreement or other Wupload policies, Terms of Use.
Limitation of Liability
Your use of Wupload is at your own risk. If you are dissatisfied with any aspect of our Service or with these terms & conditions, or any other rules or policies, your sole remedy is to discontinue use of the Service. You expressly understand and agree that Wupload shall not be liable for any direct, indirect, incidental, special, consequential exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (I) the use or the inability to use the Service; (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 Service; (III) unauthorized access to or alteration of your transmissions or data; (IV) statements or conduct of any third party on the service; or (V) any other matter relating to the Service.
Modifications
Although we may attempt to notify you when major changes are made to these Terms of Use, you should periodically review the most up-to-date version. Wupload may, in its sole discretion, modify or revise these Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits. As such, we reserve the right to change these Terms of Use at any time without notice. We also reserve the right at any time to modify or discontinue the Service, temporarily or permanently, with or without notice to you. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service. You acknowledge that we may establish general practices and limits concerning use of the Service, including the maximum disk space that will be allotted on Wupload 's servers on your behalf and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. Further, you acknowledge that Wupload may change subscription fees at any time without notice. Changes in subscription fees will take effect on expiration of any existing User subscription.
Termination
Without limiting other remedies, Wupload may immediately issue a warning, suspend (i.e., lock out access and operation of Services for User) either temporarily or indefinitely, or terminate User's account and refuse to provide Services to User if: (a) Wupload believes that User has violated or acted inconsistently with this Agreement, or any of our policies; or (b) User has failed to pay fees or other payments due to Wupload; or (c) Wupload is unable to verify or authenticate any information User provides to Wupload; or (d) Wupload believes that User's actions may cause legal liability for User, Wupload 's other clients, or Wupload. Wupload 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 of Use may be effected without prior notice and acknowledge and agree that Wupload 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 Wupload 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 User or Wupload, all of User rights under this Agreement, and Wupload 's provision of Services, will terminate immediately.
General
These Terms of Use will be governed by and construed in accordance with the Laws of the Hong Kong, excluding that body of law governing conflict of laws. Any legal action or proceeding relating to or arising out of these Terms or your use of the Website will be brought in Hong Kong and you submit to the venue and personal jurisdiction of such court. 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. Wupload 's failure to act with respect to a breach by User or others does not waive Wupload 's right to act with respect to subsequent or similar breaches. No action by User 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.
User and Wupload are strictly independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
User 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.
Operation of our Services may be interfered with by numerous factors outside of our control and we shall not be liable to you for any delay or failure in performance under this Agreement resulting directly or indirectly from causes beyond Wupload 's control.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, as narrowly as possible and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Wupload Confidential Information
You represent and warrant to Wupload that you are not a competitor of Wupload AND you shall keep publicly unannounced information and materials pertaining to Wupload, pre-release software, testing or testing procedures strictly confidential AND you shall not use any information gained from access to the Wupload Website or use of the Wupload Services to compete with Wupload in its business.
Exceptions
Except for other agreements or terms appearing on the Web site, this Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
Terms & Conditions: Wupload Affiliate Program
By becoming a Wupload Affiliate, you agree to the Terms of Service and to be bound by the terms hereto ("Affiliate Terms"). This Affiliate Terms of Use Agreement (the "Agreement") is entered into by you (hereinafter referred to as the "Affiliate") and Wupload, doing business as " Wupload.com" (hereinafter referred to as " Wupload " and/or " Wupload.com").
Affiliates may only register/have one account.
Wupload prohibits any and all illegal activity including the uploading of illegal content, copyrighted content and all other infringements on third party rights. As affiliates, you should become familiar with our policy and terms to avoid being in breach of our terms.
By clicking on I accept or related button, the affiliate is entering into this legal agreement with Wupload and affirmatively stating that same has read, understands and accepts the agreement and as such agrees to be bound by the Terms of Use set forth herein. Affiliate cannot join the affiliate program unless accepting each and every term and condition herein.
In order to enroll and participate, the affiliate must be over eighteen (18) years of age and/or over the age of majority if residing and/or conducting business in states, provinces or countries where the age of majority is greater than eighteen (18) years of age. If affiliate is a corporation or any other legal entity, its shareholders, partners and directors must be over eighteen (18) years of age and/or over the age of majority if residing and/or conducting business in states, provinces or countries where the age of majority is greater than eighteen (18) years of age. The affiliate must be vested with the authority to enter into contracts on behalf of the entity or person entering said agreement.
All payments made are in U.S. / American dollars ("USD").
All payment/payout terms, conditions, payment dates, commissions (if applicable) and other monetary and other relevant provisions can be found at http://www.wupload.com/affiliate-program and are subject to change with proper notice to the affiliate via the e-mail supplied at signup.
The affiliate acknowledges and understands that any breach of these terms gives Wupload.com the right to revoke one's affiliate status without notice as well as cancel the affiliate's account and all monies due will be forfeited as partial damages for violation(s) of the terms and services of the Agreement.
Wupload.com does not tolerate "spamming." No spamming of any kind or in any form, whatsoever, is permitted. Wupload does not allow affiliates to market under this program through the transmission of unsolicited bulk e-mails, therefore, it is extremely important that any mass e-mailings by you conform to our policies. To comply with the new US Federal Law, CAN-SPAM Act of 2003 Wupload strictly enforces the following policy.
Wupload.com does not tolerate illegal content. Child Pornography, bestiality, rape, torture, snuff, death and/or any other type of obscene and/or illegal material shall not be tolerated by Wupload.com. Should an affiliate send hits or cause hits to be sent from any site which contains Child Pornography, bestiality, rape, torture, snuff, death of any other type of obscene and/or illegal material, status as Webmaster will be revoked without notice and account cancelled and all monies due to the affiliate will be forfeited as partial damages for violation(s) of the terms and services of the Agreement. Furthermore, should an affiliate website contain any child pornography, bestiality, rape, torture, snuff, death and/or any other type of obscene and/or illegal material of any kind, Wupload.com shall revoke the webmaster's status without notice and terminate the account and all monies due to the affiliate will be forfeited as partial damages for violation(s) of the terms and services of the Agreement.
Wupload.com does not accept traffic from any site that contains materials which constitutes an infringement, misappropriation or violation of any individual's or entity's intellectual property rights including but not limited to copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights, etc. If you send hits or cause hits to be sent from any site which constitutes an infringement, misappropriation or violation of any individual's or entity's intellectual property rights, your status as affiliate will be revoked without notice and your account cancelled and all monies due to you will be forfeited as partial damages for violation(s) of the terms and services of the Agreement. Furthermore, should an affiliate website contain any material which in Wupload 's sole discretion constitutes an infringement, misappropriation or violation of any individual's or entity's intellectual property rights including but not limited to copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights, etc., Wupload.com shall revoke the webmaster's status without notice and terminate the account and all monies due to the affiliate will be forfeited as partial damages for violation(s) of the terms and services of the Agreement.
Wupload.com shall not tolerate any form of deceptive, unfair and/or false advertising by an affiliate and all such practices are prohibited.
Wupload.com shall not tolerate any spyware or ad-aware and shall not accept referrals obtained through Spyware or ad-ware and all other software which sends data back to the user with his/her knowledge and/or consent.
The Affiliate acknowledges and agrees that Wupload shall have the right to revoke the affiliate's status without notice and terminate the account and all retain monies due to the affiliate as partial damages for violation(s) of the Terms of Use of the Agreement if in Wupload 's sole and unfettered discretion, the affiliate has violated any of the terms of the agreement. Further, the affiliate acknowledges and agrees that Wupload may delete/disable any and all of the affiliate's links.
The affiliate acknowledges and agrees that Wupload may delete/disable any and all of the affiliates links/uploads it judges at its sole and unfettered discretion to be in violation with the present Terms of Use and no damage/compensation of any kind shall be owed to the affiliate. Wupload shall be under no obligation whatsoever to keep any links deemed in breach active.
Affiliate acknowledges and agrees that Wupload shall have the right, in its sole and exclusive discretion, at any time during the term of this agreement, to expand or modify what it determines to constitute possible fraudulent activity.
Should any law enforcement agency, internet service provider or other individual or entity provide Wupload.com with notice that an affiliate has engaged in the transmission of unsolicited e-mails or have otherwise engaged in unlawful conduct or conduct in violation of said service provider's terms of service, Wupload.com reserves the right to cooperate in any investigation relating to your activities, including the disclosure of your account information in connection therewith.
"Confidential Information" shall be defined as any information, oral or written, treated as confidential that relates to either party's (or, if either party is bound to protect the confidentially of any other persons information, such other persons) past, present or future research, development or business activities, including any unannounced product(s) and service(s) and including any information relating to services, trade secrets, intellectual property, developments, designs, inventions, processes, plans, financial information, User and supplier lists, forecasts, and projections. Confidential information shall also include the terms of this Agreement, any date, idea, technology, know-how, inventions, algorithms, process, technique, program, computer software, computer code, and related documentation, work-in-progress, future development, engineering, distribution, manufacturing, marketing, business, technical, financial or personal matter relating to any actor or actress present or future products, sales, Users, employees, opportunities, markets or business in graphic text or electronic or any other form, that is treated as confidential by either party. The affiliate agrees it shall not disclose of any Confidential Information to any third party and shall not use confidential information for any purpose other than performance of the right obligations of the agreement. Affiliate shall also take all and any reasonable precautions to prevent any unauthorized disclosure of Confidential Information.
Wupload.com reserves the right to cancel this program at any time.
Wupload.com shall not be liable for any losses due to server downtime, net congestions and any and all similar and like occurrences or difficulties.
The parties to the agreement shall not be liable or be considered in breach or default under the Agreement on account of delay or failure to perform as required by this Agreement as a result of any causes or conditions that are beyond the party's reasonable control and that such party is unable to overcome through the exercise of commercially reasonable diligence, including but not limited to acts of God; wars, riots, acts of civil or military authority, terrorism; fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; strikes, etc.
The Terms of Use of this Agreement are subject to change by Wupload.com at any time in its sole discretion. You shall be provided reasonable notice of any such changes by e-mail to your address on our records or by posting the changes on the site and such shall be considered sufficient notice for notifying you of a modification to the Terms of Use of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Program rules. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program, following Wupload 's posting of a change notice or new agreement on the site, will constitute binding acceptance of the change and shall constitute confirmation of Webmaster's acknowledgement and assent to any such modifications. You affirm that you have read this Agreement and understand, agree and consent to its Terms of Use.
Nothing in this Agreement shall be construed so as to create a relationship of partners, any partnership, joint venture, agency franchise, sales representative, or employment relationship between the parties. Affiliate will have no authority to make or accept any offers or representations on behalf of Wupload.com. Affiliate will not make any statement, whether on their website or otherwise, that would reasonably contradict anything in this Section. Affiliate is not an agent of the Wupload.com and Wupload.com expressly disclaims responsibility for any conduct by affiliate in violation of our terms of agreement.
Wupload will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Affiliate Program, even if Wupload.com have been advised of the possibility of such damages. Furthermore, Wupload 's aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to the affiliate under this Agreement.
Affiliate hereby represents and warrants to Wupload.com that this Agreement has been duly and validly executed and delivered by the affiliate and constitutes said affiliate's legal, valid and binding obligation, enforceable against affiliate in accordance with its terms; and that the execution, delivery and performance by the affiliate of this Agreement are within their legal capacity and power; have been duly authorized by all requisite action on their part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which affiliate are subject or which is binding upon affiliate, or (ii) the terms of any other agreement, document or instrument applicable to affiliate or binding upon the affiliate. Should any law enforcement agency or internet service provider provide Wupload.com with notice that the affiliate has engaged in transmission of unsolicited bulk e-mails or have otherwise engaged in unlawful conduct or conduct in violation of said service provider's terms of service, Wupload.com reserves the right to cooperate in any investigation relating to affiliates activities including disclosure of affiliates account information in connection therewith.
The Affiliate may not assign this Agreement including the rights and obligations to any third party without the prior express written approval of Wupload.com.
If any term, clause or provision of the agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
Affiliate hereby agrees to indemnify, defend and hold harmless Wupload.com, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by Wupload (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim use of the Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any promise, covenant, representation or warranty made by the affiliate herein; or (iii) or any whatsoever claim related to affiliate site.
This Agreement shall be binding; the failure of Wupload.com to enforce the strict performance of the terms of any provision of this Agreement shall not be deemed a waiver of the right of Wupload.com to subsequently strictly enforce any provision of this Agreement. This Agreement constitutes the entire agreement between the affiliate and Wupload.com. If for any reason a court of competent jurisdiction finds that any provision of this Agreement, or portion thereof, to unenforceable, in whole or in part, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement and the remainder of this Agreement shall continue in full force and effect.
By signing up to the affiliate program, and by supplying Wupload.com with all the required information to sign up as a Webmaster, the affiliate is acknowledging that they have read and agreed to all of the Terms of Use, promises, warranties, duties and obligations set forth in the above agreement and agree to be bound by the terms thereof.
As an affiliate you agree to respect all other Terms of Use listed herewith including but not limited to our policy regarding copyright infringement, illegal content and the infringement of any intellectual property rights.
Wupload is aimed at personal and business needs in relation to creating solutions for the hosting and sharing of their files and as such does not condone abuse of its service through the uploading of infringing content. Wupload complies with any and all takedown notifications including the DMCA and shall terminate/ban repeat infringers.
Please e-mail reports of any Terms of Use violations or questions to abuse@wupload.com
http://www.wupload.com/terms-and-conditions
where are write to fake files ?
Fake files is when you open a topic with the tittle..well, let's not make warez material, let's just say that:
Ubuntu desktop 10.46, when you have there mandriva 7.04 or just open office renamed in ubuntu desktop 10.46.
This goes for everything..hope you understood now.
Willy Wupload
Active Member
When you post fake files, you ruin Wupload's reputation, so that gets you banned.
Regards,
Willy
- Status