Welcome to Filekas! This Filekas Terms of Service, in conjunction with the Privacy Policy and other terms and conditions of use which are incorporated herein by reference and which may be posted and applicable to specific services (collectively, the "Agreement") governs your access to and use of the Filekas website, Content, apps, software, products and services provided to you on, from, or through the Filekas website, (collectively, the "Services"). Regardless of whether you have a subscription, are a registered user, or are simply downloading from a shared link which does not require a registered account, all such interactions with the Filekas website and use of any Services is an explicit acceptance of this Agreement signifying you have read, understand, and agree to be bound by all of the terms of this Agreement which is a LEGALLY BINDING CONTRACT.
If you are using the Services on behalf of a company, organization or branch of government, you affirm that you have the authority to accept this Agreement on behalf of your company or organization and all references herein to ‘you’ or ‘your’ will refer not only to yourself but also to the company or organization.
IF YOU DO NOT FULLY AND COMPLETELY AGREE TO THE TERMS OF THE AGREEMENT AND YOU, AS A RESPONSIBLE USER, CHOOSE TO CONTINUE TO USE THE SERVICES, YOU WILL BE BOUND TO THE TERMS OF THE AGREEMENT.
Filekas (also referred herein as “us”, “we” or “our”) may modify the Agreement which will become effective immediately upon its posting to the website. Your continued use of the website and any associated services indicates your acceptance of changes to the Agreement after being notified of such changes. If you do not agree to the changes, you must stop using the Services. If you are dissatisfied with anything related to the Filekas website, your sole remedy is to discontinue use of the Services. You use the Services of Filekas at your own risk. Nothing in the Agreement shall be deemed to confer any third-party rights or benefits.
Which means: The above states that you have read and agree to the Terms of Service and Privacy Policy, and any future changes, if you use Filekas for yourself or your company or organization now or after modifications to this Agreement.
Filekas Free Services are available to anyone over the age of 16, in observance of and compliance with the Children's Online Privacy Protection Act. If you are under 16 years of age, you are not permitted to use the Services, in compliance with the Children's Online Privacy Protection Act and other applicable laws. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
Filekas premium services are available to anyone over the age of 18.
Accounts for business, organizations or government entities must be created and maintained by an individual capable of and authorized to enter into binding contracts on behalf of the entity. You affirm that you are fully able to enter into, abide by and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.
Which means: You’re over 18 and have authority and permission to accept this Agreement or between 16 and 18 and your parents have accepted this Agreement on your behalf.
When you upload text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials that may be viewed on, or accessed through the Services, we refer to it as “Content”. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to store, share or distribute the Content.
You retain all of your ownership rights in your Content. We don’t claim any ownership in or to any of your Content.
Which means: If you created it, it’s yours. If any piece of it was created by someone else, you swear you have their permission to store it for your own use or share it. We don’t claim we own any of it.
To enable Filekas to provide the Services, you grant Filekas a worldwide, non-exclusive, royalty-free, limited license to use, reproduce, distribute, and display Content solely for the purpose of providing the Services. This license can be revoked by you at any time by removing your Content from the Services.
Which means: You give us limited permission to do what you need us to do, like show your Content to you or people you share it with, store it on our servers.
While you are responsible for your Content and interactions with other users, Filekas will take reasonable steps to ensure a safe and compliant environment.
You are responsible for any costs associated with your Content and use of the Filekas Services.
You are solely responsible for your Content and your interactions with other users of the Services.
When you allow other users access to your Content, you, not Filekas, are responsible for what others do with it.
You agree, while using Filekas Services, that you may not:
Alter or modify any part of the Services;
Use the Services for any illegal purpose;
Use any robot, spider, site search and/or retrieval application, or other device to retrieve or index any portion of the Services, with the exception of public search engines;
Transmit any viruses, worms, defects, Trojans or other items of a contaminating or destructive nature, except when transmitting to a knowing recipient while conducting security research;
Distribute any Content that includes code hidden or otherwise contained within the Content which is unrelated to the Content;
Reformat or frame any portion of any web page that is part of the Services without the express permission of Filekas;
Collect or harvest any personal identifiable information or account names or solicit users;
Impersonate another person, whether real or fictional;
Permit any third parties to use your name and password;
Violate or attempt to violate Filekas systems or interfere with the normal use of the Services by users;
Resale Filekas products and Services;
Post advertisements, promotions or solicitations of business;
Transmit any form of solicitation or Spam;
Distribute any Content that falsely implies sponsorship of the Content by the Services, falsify or delete any author attribution in any Content, or promote any information that you know is false or misleading;
Distribute an illegal or unauthorized copy of another person's trademarked or copyrighted work;
Distribute Content that is libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, intimidating, unlawful, fosters terrorism, inspires violent acts, depicts criminal acts, depicts violent acts, or promotes or encourages any illegal activity;
Distribute Content that violates the rights of others, such as distributing Content that infringes any copyright, trademark, patent, trade secret, or violates any right of privacy or publicity, or that is libelous or defamatory, or that directs any user to the content of a third party without consent of the third party;
Defame or libel any person; invade any person's right of privacy or publicity or otherwise violate, misappropriate or infringe the rights of any person;
Export or re-export Content in violation of the export or import laws of the United States or without all required approvals, licenses and exemptions;
Distribute any links to any external Internet sites that are obscene or pornographic, or distribute pornographic or sexually explicit material of any kind.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of the Content. You will comply with United States laws regarding transmission of data.
Content is provided to you AS IS. You understand that when using the Services, you will be exposed to Content from a variety of sources, and that Filekas is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Filekas with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Filekas, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to any Content and your use of the Services. You acknowledge your use of Content is at your sole risk.
Which means: Play Nice. You are solely responsible for everything you share or any interactions you have through Filekas.
To access or benefit from the Services or features on Filekas, you may have to create a Filekas account. You are responsible for maintaining the confidentiality of your access information and are responsible for all activities that occur utilizing your information. You should only access your Filekas account from a trusted network. Filekas is not liable for any losses you might suffer due to unauthorized access to your account. However, you may be held liable for losses incurred by Filekas or others due to your failure to maintain the confidentiality of your access information.
Filekas does not endorse any Content, including, but not limited to, its accuracy, completeness, appropriateness or legality, stored on or distributed through the Services and Filekas expressly disclaims any and all liability in connection with Content. Content is yours, not ours.
Filekas Content may contain links to external sites; however, Filekas is not responsible for any availability of or the content on or through any external site.
Filekas is not a backup service and does not operate like one. While we work hard to store your data safely and securely, you should keep your data safely stored in more than one location or service and not singularly on Filekas. Filekas bears no responsibility for maintaining your data indefinitely. You bear full responsibility and sole liability for any corrupted, lost or irrecoverable data. You understand and agree that Filekas reserves the right to delete, move, archive (including account information) or edit any Content that it may determine violates the Agreement and/or Privacy Policy or is otherwise unacceptable and may terminate your access to the Services, without prior notice and at its sole discretion.
When Filekas removes or disables Content for policy violations, the user who posted the Content may receive a strike. The user is notified of the violation. Repeated policy violations may result in account termination. Filekas reserves the right to determine what is harmful to its users, operations, or reputation including any activities that restrict or inhibit any other user from using and enjoying the Services. Complaints about violators of our policies should be submitted to our abuse department. Each complaint will be investigated and appropriate action will be taken.
Filekas premium accounts file transactions below a minimum of 100KB will be registered as 100KB transactions. Additionally, premium accounts are limited to initiating no more than 1 million (1,000,000) transfers per month. Non-premium accounts have no transfer limits. Filekas may limit the size of a file.
Filekas reserves the right to terminate your access to any and/or all parts of the Services at any time for any reason without prior notice or liability. The terms of the Agreement and Privacy Policy shall survive any termination of your access to the Services.
Filekas may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any feature, database, or Content, without prior notice or liability.
Which means: You are solely responsible for your Content. Important data should be stored in more than one place. When receiving Content from a 3rd party, always exercise caution.
Filekas Services may include special applications, application programming interfaces, installable software, or developer resources you can download and install on your desktop, mobile phone or other devices with Internet capability to enhance your ability to interact and benefit from the Services (“Software”). This Software may require periodic modifications/updates, which may occur automatically or require you to initiate them. The Software is a copyrighted work of Filekas and is governed by the terms of this Agreement. Filekas grants you a “Limited License” to use the Software solely to interact with the Services.
When you download and/or use the Software, you accept this Limited License. Filekas grants you a personal, non-exclusive, non-assignable, non-transferable, worldwide, royalty-free limited license to use the Software on any device you own or control. This Limited License is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Filekas, in the manner permitted by this Agreement. You may not rent, lease, lend, sell, trade, redistribute, assign or sublicense your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. You may not, or permit anyone else to, copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Software). Any attempt to do so is a violation of the rights of Filekas and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the Limited License will govern any upgrades provided by Filekas that replace and/or supplement the original Software, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
Nothing in this Agreement grants you any right, title, or interest in the Services, Software or Content (other than your own) or to use any Filekas trademark, logo, domain name (or any derivative thereof), branding or features.
Which means: Filekas will offer you the ability to download and use new applications from time to time and may update the software periodically. Filekas owns all its software and applications, regardless of who provided input or may make modifications to it, and only you may use it under this licensing agreement.
If your copyrighted or trademarked works are being distributed through the Services without your permission, please see our Copyright page for information on how to make a claim. Claims will be processed in accordance with United States law.
Which means: Go to the Copyright page for legal guidelines, contact us, and we’ll respond ASAP.
The Terms of Payment are an integral, material part of these Terms of Service, and are incorporated into these Terms of Service by reference.
Business services offer "Rollover Bandwidth". Unused bandwidth in each billing period will become available in subsequent billing periods, without time limitations for usage. If you upgrade your plan, you will be billed immediately for the new plan and any unused bandwidth from your previous plan will be rolled over into your new plan. Additional increments of bandwidth may be purchased for immediate use, which qualifies as Rollover Bandwidth. This one time purchase is not a recurring charge and will not affect the pricing of your Subscription service. You may view your billing history from your My Account page.
Pro services will be allocated 1TB of total storage, and a minimum of 1TB of bandwidth every 30 days, based on your initial subscription date. Additional increments of bandwidth may be purchased. If you have less than 1TB available at the beginning of the next 30 day period, your bandwidth will be automatically increased to 1TB. If your account is in excess of 1TB, bandwidth will not be added or deducted.
Bandwidth in a premium account is consumed by anyone, including you, who download your file(s). From your My Account page, you may view stats about your bandwidth usage.
Filekas reserves the right to fix any processing errors it discovers, which may result in adjustments to your account.
Filekas will process personal data in accordance with the GDPR. You have the right to access, rectify, erase, restrict, and object to the processing of your personal data. For more information on your rights and how to exercise them, please refer to our GDPR Policy.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FILEKAS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
NEITHER FILEKAS NOR ANY PROVIDER OF ANY THIRD PARTY CONTENT WARRANTS THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR MAKES ANY WARRANTY OF THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES OR CONTENT. BOTH THE SERVICES AND CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER FILEKAS NOR ANY THIRD PARTY MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES OR CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICES.
NEITHER FILEKAS NOR ANY THIRD PARTY WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICES WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU AGREE THAT YOU ASSUME ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES AND THE ACCURACY AND COMPLETENESS OF THE CONTENT. FILEKAS IS NOT RESPONSIBLE OR LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT OR FOR ANY VIOLATION OF ITS AGREEMENT.
FOR CLARITY, FILEKAS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJANS, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. FILEKAS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FILEKAS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION.
Which means: Standard contract capitalized language. Internet services are great but nothing is perfect and we’re not responsible if something goes wrong.
NEITHER FILEKAS NOR ANY THIRD PARTY PROVIDER SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FILEKAS'S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES EXCEED THE AMOUNT PAID BY YOU TO FILEKAS IN THE TWELVE MONTHS PRECEDING THE CLAIM. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FILEKAS AND YOU. IN STATES, COUNTRIES OR TERRITORIES NOT ALLOWING EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, FILEKAS AND ANY THIRD PARTY PROVIDER SHALL BE LIMITED TO THE GREATEST EXTENT OF THE LAW.
The Services are controlled and offered by Filekas from its facilities in the United States of America. Filekas makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Which means: Also standard contract capitalized language. This clarifies that we limit our responsibility if something goes wrong.
You agree to indemnify, defend and hold Filekas and its affiliates, and both Filekas and their respective officers, directors, owners, employees, agents, information providers and licensors harmless from and against any and all claims, liability, losses, damages, obligations, costs and expenses, including attorney's fees, incurred by any Filekas Party in connection with any Content or use of the Services, whether via your password and/or by any other person, whether or not authorized by you. Filekas reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Filekas's defense of such claim. This defense and indemnification obligation will survive these Terms of Service and your use of the Services.
Which means: If we get in trouble because of something you did or should have done, you’ll defend us in court or help us defend ourselves.
The Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Filekas without restriction.
The Agreement shall be construed in accordance with the laws of the State of Texas, without reference to principles of choice of law. You and Filekas each consent to the jurisdiction of the federal or state courts located in Montgomery County, Texas ('Courts') with respect to any action, suit, or proceeding arising out of or related to the Agreement or to the Services and/or Content. You agree not to bring any such action, suit, or proceeding in any court other than the Courts, unless required by applicable law.
These Terms of Service, together with the Privacy Policy and any other legal notices published by Filekas on the Services, the Agreement, constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of the Agreement and any additional terms and conditions posted on the Services, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. If any provision of the Agreement is held invalid, illegal or unenforceable in any respect, (i) such provision shall be interpreted in such a manner as to preserve, to the maximum extent possible, the intent of the parties, (ii) the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and (iii) such decision shall not affect the validity, legality or enforceability of such provision under other circumstances.
No failure in delay in exercising or enforcing this policy shall constitute a waiver of the Agreement or any other right or remedy. If any provision of the Agreement is deemed unenforceable due to law or change in law, such a provision shall be disregarded and the balance of the Agreement shall remain in effect.
YOU AND FILEKAS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.