4shared.com shall provide the Client access and use of file storage and sharing web application running on 4shared’s own dedicated server on the terms described below.
BY USING THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THESE TERMS, YOU MUST DISCONTINUE USE OF THE SOFTWARE AND NOTIFY 4SHARED.COM IMMEDIATELY OF INTENT TO TERMINATE THIS AGREEMENT.
TERM
The Agreement shall commence upon execution by both parties and shall be in effect for 1 (one) month and renew for 12 (twelve) successive months periods, unless canceled by either party 10 days prior to the termination of the current period. The term of the subscription can be converted to 1 (one) year by the additional agreement. 4shared.com agrees there will be no price increase for this subscription during the first 1 (one) year of this agreement
USE
Subject to the terms and conditions of this Agreement, 4shared.com shall provide the Client access and use of 4shared Enterprise solution to upload, store, and share files over the Internet.
The Client shall not sublicense or resell any of its rights to the 4shared Enterprise software, act as an applications service provider or service bureau, or otherwise upload, operate or maintain files on behalf of a third party or any affiliated entity or subsidiary.
SUPPORT
4shared.com will provide during 7:00 AM– 6:00 PM UTC Monday through Friday email customer service support to the Client to assist in resolving problems, obtaining clarification relative to our services and reporting suspected defects or errors in its services.
Service Level - 24x7 Support: Outside of regular support hours, 4shared.com will provide a technical support person to manage any technical problems. Should they occur, the Client should contact 4shared.com by e-mail.
4shared.com will exercise its best efforts to resolve the problem within 24 hours or provide an estimate of how long it will take to resolve the problem.
In the case of a system down condition attributable to application, 4shared.com may utilize other means of communication for reporting of errors and conditions.
4shared.com will respond to and complete correction of errors, defects and malfunctions, in accordance with the following schedule:
1. Data corruption, system crash or inability of the Client to make effective use of our services. Initial Response: in 2 hours from the moment or request reception. Problem fix: in 3 business days from the moment of request reception.
2. Feature does not work as documented, no reasonable work around exists and there’s a critical need of the feature. Initial Response: in 3 hours from the moment or request reception. Problem fix: 4shared.com will make reasonable efforts to provide a fix or work around the problem within 4 business days from the moment of request reception.
3. Feature doesn’t work as documented but a reasonable work around exists or it’s possible to wait for the next release for a fix. Initial Response: in 24 hours from the moment or request reception. Problem fix: 4shared.com will make reasonable efforts to provide a fix or work around the problem within 30 business days from the moment of request reception.
4. Enhancement request. Initial Response: within 24 hours from the moment or request reception. Considerations of enhancement requests will be dealt with on a case-by-case basis.
PERFORMANCE
4shared.com understands that the Client expects the service to be available 24 hours a day, 7 days a week. 4shared.com agrees to use its best efforts to provide 95% availability of service. 4shared.com will also provide regular backups of data in the unlikely event that emergency recovery is required.
The Client agrees to notify immediately if he suspects the application is unavailable due to a fault of 4shared.com. The Client agrees to provide reasonable information as requested by 4shared.com for proper diagnosis/repair and for proper calculation of any applicable refund.
Refund does not apply as a result of:
a) Unavailability due to Upgrade and Maintenance as described below.
b) Periods of unavailability during which Client’s accounts is not in good financial standing or Client is in violation of this Agreement.
c) Circumstances beyond 4shared.com’ control including, without limitation, acts of any governmental body, war, sabotage, embargo, fire, flood, extended unavailability of Public Utility Service or unavailability or delay in telecommunications, or third party Internet Service Providers.
d) The Client’s misuse of the application.
UPGRADE AND MAINTENANCE
The Client shall be entitled to receive upgrades of the application annually, which are defined as new releases which provide major improvements to features and functionality of the application.
The application will be updated with new releases and downed for maintenance during off-peak periods. The current plan is to conduct such updates upon need between during 8:00 AM– 10:00 AM UTC. The Client will be notified of the expected down time.
4shared.com reserves the right to conduct emergency maintenance on ‘as needed’ basis.
CONTENT OWNERSHIP
The client agrees to remove any content or material upon notice from the account that it has received notice that such content or material infringes on the rights of a third party or is otherwise illegal. In the event that the client refuses to remove such content or material within one business day of receipt of such notice, 4shared.com reserves the right to remove such content or material.
PRIVACY AND CONFIDENTIALITY INFORMATION
4shared.com is committed to maintaining the privacy and confidentiality of all data generated by its Clients during their file storage and sharing process. 4shared.com respects its Clients’ need for absolute confidentiality at all times and give complete assurance that all privileged company information will be treated appropriately. No information we collect is ever sold, rented, leased, traded, swapped, marketed, exchanged, bartered, distributed, or disclosed in any way.
DATA ANALYSIS
4shared.com reserves the right to perform statistical analysis of all of its web sites and file hosting systems. We do this to measure the effectiveness of our web sites, to optimize website performance, and to ensure license compliance.
COPYRIGHTS, TRADEMARKS AND ATTRIBUTION
The Client will allow 4shared.com to include the Client’s name and logo on its Client list and Gallery on its web site and marketing materials. Nothing contained herein shall be construed to give any party any further rights to the trademarks or trade names of the other party.
TIMELY PAYMENT
Except as otherwise agreed in writing and signed by an authorized officer of both parties, all payments due to 4shared.com for subscribed service shall be due and payable in full within ten (10) days of receipt by Client of a proper invoice.
4shared.com may, at its option and where permissible by law, elect to terminate this Agreement and restrict Client’s access to the service for failure to pay any fees associated with use of this software that are past due by more than thirty (30) days.
LIMITATION OF LIABILITY
THE SOFTWARE AND SERVICES ARE PROVIDED, AND CLIENT ACCEPTS THEM, "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO ITS PERFORMANCE, ACCURACY OR COMPLETENESS. CLIENT IS ADVISED NOT TO RELY, AND HEREBY REPRESENTS THAT IT SHALL NOT RELY ON SUCH, FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 4SHARED.COM DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY LOSS OF DATA, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND OR NATURE WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE ARISING FROM ANY MATTER RELATING TO THIS AGREEMENT; IN NO EVENT SHALL 4SHARED.COM LIABILITY EXCEED THE COMPENSATION PAID BY CLIENT TO 4SHARED.COM UNDER THIS AGREEMENT FOR THE PRECEDING ONE MONTH PERIOD.
NON-WAIVER
The waiver by either party of any default or breach under this Agreement shall not constitute a waiver of any subsequent default or breach of the same or of a different kind.
Agreed by the Client and 4shared.com.
The Client: | 4shared.com: |
___________________________________ | ___________________________________ |
Authorized Person's Name and Title: | Authorized Person's Name and Title: |
___________________________________ | ___________________________________ |
Signature: | Signature: |
Date: | Date: |
