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FILESWAP.COM'S ACCEPTABLE USE POLICY

The following is FileSwap.com 's Acceptable Use Policy ('AUP'). By using FileSwap.com's Posting services ('Services'), you agree to comply with this AUP. You also agree to require your end users to comply with this AUP. FileSwap.com reserves the right to amend this AUP at any time, with or without notice to you. FileSwap.com agrees to post any changes to this AUP on the FileSwap.com's Homepage (located at: www.FileSwap.com) and you agree to periodically review this AUP as modified from time to time. You agree to be bound to this AUP, as modified from time to time, every time you use or access the Services.

Pursuant to your Posting Services Agreement, FileSwap.com may, at its sole discretion, immediately terminate your access to the Services if your conduct violates (or appears to violate) the AUP. In addition, FileSwap.com may, at its sole discretion, immediately terminate your access to the Services, if any of your end users violate the AUP.


NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Services, you will not use the Services (nor will you permit an end user to use the Services) for any purpose that is unlawful or otherwise prohibited by this AUP. You may not use the Services (nor will you permit an end user to use the Services) in any manner that could damage, disable, overburden, or otherwise impair any of the Services offered by FileSwap.com, or any services offered by a third party, or interfere with any other party's use and enjoyment of any of our Services. You may not (nor will you permit your end users to) obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.


USE OF SERVICES

The Services are designed to enable you and your end users to share files with others via the Internet. You agree to use the Services (and to require your users to use the Services) only to post files and material that is proper and, when applicable, related to the particular Service. By way of example, and not as a limitation, you agree that when you (or your end users are) using a Service, you (and your end users) will not:

A. Use the Service in connection with unlawful contests, lotteries, or gambling; pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
B. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
C. Publish, post, upload, distribute, traffic or disseminate any defamatory, obscene, or otherwise unlawful content, such as child pornography or virtual child pornography.
D. Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation.
E. Upload, or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
F. Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
G. Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's property.
H. Use of meta tag searches on the web sites.
I. Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner.
J. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
K. Restrict or inhibit any other user from using and enjoying the Services.
L. Violate any code of conduct or other guidelines which may be applicable for any particular Service.
M. Harvest or otherwise collect information about others, including e-mail addresses, except as needed to operate your site and as permitted in your site's privacy policy (if any).
N. Violate any applicable laws or regulations.
O. Create a false identity for the purpose of misleading others.
P. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

FileSwap.com reserves the right at all times to disclose any information as FileSwap.com deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in FileSwap.com's sole discretion.

FileSwap.com does not control or endorse the content, messages or information found in any Service and, therefore, FileSwap.com specifically disclaims any liability with regard to the Services and any actions resulting from your participation in any Service.

MATERIALS PROVIDED TO FileSwap.COM FOR POSTING

FileSwap.com does not claim ownership of the materials posted, uploaded, inputted or submitted to any Service by you (each a 'Submission' and collectively 'Submissions'). However, by posting, uploading, inputting, providing or submitting ('Posting') your Submission you are granting FileSwap.com permission to use your Submission in connection with your site, including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of a Service.

No compensation will be paid with respect to the use of your Submission, as provided herein. FileSwap.com is under no obligation to post or use any Submission you may provide and FileSwap.com may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this AUP, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.


RECORD KEEPING

You represent and warrant that all content appearing on your website(s) complies with Title 18, U.S.C. s. 2257, as amended by the PROTECT ACT, you have taken and shall take all acts during the time in which you receive the Services to comply with Section 2257, as amended, and that all models depicted in your site(s) are over the age of eighteen (18).


TERMINATION/ACCESS RESTRICTION

FileSwap.com has no obligation to monitor the Services. However, FileSwap.com reserves the right to review materials posted to a Service and to remove any materials in its sole discretion. FileSwap.com reserves the right, in its sole discretion, to terminate your access to any or all Services and the related services or any portion thereof at any time, with or without notice, for violating this AUP. Your rights and obligations upon termination of any Service are governed by the Posting Terms of Service. Upon termination of the Service, your right to use the Service immediately ceases. FileSwap.com shall have no obligation to maintain any content termination of the Services.


NO SPAM; DAMAGES

FileSwap.com will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay FileSwap.com liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay FileSwap.com's actual damages, to the extent such actual damages can be reasonably calculated.

You agree to comply with all applicable laws regarding commercial bulk e-mail, including without limitation, all applicable notice requirements and 'do not contact' requests.

NOTICE OF CLAIMED INFRINGEMENT

FileSwap.com respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide FileSwap.com's Copyright Agent the following information:

A. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
B. a description of the copyrighted work or other intellectual property that you claim has been infringed;
C. a description of where the material that you claim is infringing is located on the Services;
D. your address, telephone number, and email address;
E. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
F. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

You may send your Notice of Claimed Infringement to:

    David Gucker
    100 Matawan Rd. Suite 420
    Matawan, NJ 07747
    dmca@fileswap.com

Please do not send other inquires or information to our Designated Agent.

NOTICE AND TAKE DOWN PROCEDURES

FileSwap.com reserves the right at any time to implement a 'notice and takedown' procedure upon receipt of any notification of claimed infringement. FileSwap.com reserves the right at any time to disable access to, or remove any material or activity accessible on or from any site or any materials claimed to be infringing or based on facts or circumstances from which infringing activity is apparent.