Terms of Service
General Terms
1. Orbitfiles.com service is available to users over 13 years old.
2. Orbitfiles.com is not responsible for the content uploaded and shared.
3. You are responsible for keeping all your login information secure.
4. You agree that Orbitfiles.com will not be held responsible for any
consequences to its users and users' files resulted from technical problems,
such as downtimes, server crushes, traffic congestion or overload of our servers.
Code of Conduct
Orbitfiles.com reserves the right to remove or replace any uploaded files, and
assumes no liability for lost registration links or misplaced file URLs. The
following types of files are not allowed to be uploaded using our service.
1. Files that are pedophiliac(We will report you to the proper authorities, such
like FBI or Interpol). This includes posting pictures of persons unser 18,
taking part in sexually implict or explicit actions.
2. Files containing any malicious computer code, such as viruses, worms or bugs
If you find an image that do not comply with our terms and conditions please
report it at legal at orbitfiles.com
Subscription Services
Orbitfiles.com offers two plans are available to select from:
Platon with 6000 MBs of space available for free
Zeus with Unlimited storage for $5/month
Paid transactions are processed via Paypal.com and E-gold.com. Inquiries for
cancelling an account should be sent via our contact form. Users can request
refund only within 24hours from their payment date. Orbitfiles.com Ltd. is
obliged to inform all its paid members for any change in pricing at least 15
days in advanced either by sending a mass mailing announcement or posting it at
company's blog at orbitfiles.wordpress.com . Users are obliged to periodically check out
the blog for important changes that may affect their account.
Hercules Uploader
Hercules uploader is free to download but it can be used only by paid
subscribers. Orbitfiles.com reserves the rights of the software. First version
of the software will be available on March 10th 2006. Internet connection is
required to use Hercules uploader and it can function only on Windows 2000 and
newer operation systems.
Access from Mobile devices
Orbitfiles.com accounts can be accessed from any PDA or Cell phone device
provided internet connection is available. Hercules Uploader cannot function
from Cell Phone devices but it can work from PDA devices.
Privacy
All information provided by User is strictly confidential. Orbitfiles.com
reserves the right to distribute aggregated demographic information provided by
User, but Orbitfiles.com will never release the name or other personal
information about User without User's permission.
Orbitfiles.com collects personal information upon registration. During
registration for a free account , Orbitfiles.com typically will ask for your
name, e-mail address and phone number. Please note that the more information you
volunteer (and the more accurate it is), the better we are able to customize
your experience. Once registered, you are part of the Orbitfiles.com community,
a customer account is created, and you can take full advantage of
Orbitfiles.comservices.
If you contact Orbitfiles.com we will keep a record of that correspondence. In
addition, Orbitfiles.com occasionally asks registered users to complete surveys
that we use for research purposes. A link is included to this Privacy Policy
wherever Orbitfiles.com collects personal information.
Orbitfiles.com LTD is not responsible for the usage of its members files, such
as advertising their files, promoting their files through mass mailing or any
other action. Orbitfiles.com LTD will NOT send out any mass mailing containing
files to be downloaded hence cannot be held responsible.
Users who use any Orbitfiles.com LTD email address to send out unsolicited
emails will be reported to FBI.
It is Orbitfiles.com policy to respect the privacy of users for the SERVICE.
Therefore, Orbitfiles.com will not monitor, edit, or disclose any personal
information about you or the files you upload , including their contents,
without your prior permission unless Orbitfiles.com in its sole discretion
believes that such action is necessary to: (1) comply with legal process; (2)
otherwise protect the legal rights of Orbitfiles.com; (3) enforce the TERMS; or
(4) protect the interests of users for the SERVICE or others. Orbitfiles.com may
on occasion provide certain user information in anonymous, aggregate form to
third parties such as advertisers for demographic purposes. However,
Orbitfiles.com will not provide any 3rd party entities with your email address
or other contact information. This SERVICE is not intended to be used for
unsolicited email or spam. Your email address may be used in the following ways:
(1) to send you a welcome email after successful registration; (2) to send you
an email with any error messages concerning the files you uploaded or update for
any service interruption due to technical reasons; (3) to periodically send you
an email containing announcements from Orbitfiles.com
Legal Policy
Ignorance of these Terms of Service will not be considered a justification for
non-applicability of said Terms of Service. These Terms of Service are subject
to change without notice. Orbitfiles.com directs full legal responsibility of
the contents of the files that are uploaded to Orbitfiles.com to individual
users.
All files are to their respective owners. Orbitfiles.com is not responsible for
the content any uploaded files, nor is it in affiliation with any entities that
may be represented in the uploaded files.
Except where diligently implied, absolutely NO part of Orbitfiles.com may be
reproduced or recreated without explicit written permission by operators of
Orbitfiles.com and certified written verification by Notary Public.
Limitation of Liability
User agrees that the use of Orbitfiles.com services is entirely at User's own
risk Orbitfiles.com services are provided on subscription basis. Â
Orbitfiles.com reserves the right to change, withdraw, suspend, or discontinue
any functionality or feature of Orbitfiles.com services. In no event shall
Orbitfiles.com be liable for any damages, including, without limitation, direct,
indirect, incidental, special, consequential, or punitive damages arising out of
the use of or inability to use Orbitfiles.com services or any content thereon.
This disclaimer applies, without limitation, to any damages or injury, whether
for breach of contract, tort, or otherwise, caused by any failure of performance;
error; omission; interruption; deletion; defect; delay in operation or
transmission; computer virus; file corruption; communication-line failure;
network or system outage; or theft, destruction, unauthorized access to,
alteration of, or use of any record.
Indemnity
User agrees to indemnify and hold Orbitfiles.com r harmless from any loss,
liability, claims, damages and expenses, including attorneys fees, arising from
or related to the content, use, or deletion of User's Files or use of any other
feature or service. This expressly includes:
User's responsibility for any and all liability arising from the violation or
infringement of proprietary rights or copyrights.
Any defamatory or unlawful material contained within User's Files.
Maintenance
Orbitfiles.com will perform maintenance services as Orbitfiles.com determines
reasonably necessary. User acknowledges that such maintenance may require
downtime. Orbitfiles.com will provide prior notice of the maintenance downtime,
except in the case that circumstances beyond Orbitfiles.com control limit the
ability to do so. Orbitfiles.com is not responsible for any loss of or damage to
any content that you upload to the Orbitfiles.com service. In case you cannot
access your Orbitfiles.com account please contact via our contact form
Referrals
Orbitfiles.com users can get $0.10 for every referred user that
signs up and confirms his registration. Paying out is available only when a user
reaches $20. Using own fake emails to create fake referrals by any means will
entail to freezing the user and not making paying out available. Payments will
be made upon request and only within the first 2 days of every month.
