Wdupload is an online service provider of online file storage, (�Wdupload �). Our service allows you to store, access, and share any type of file up to 10MB as a unregistered account user, 1GB as a free account user, and 10GB as a premium account user. You as a user have the privilege of sharing your files with others by using a unique internet address (a �URL�) that is automatically created for each file you store using our service. Wdupload provides their services according to these specified Terms of Service. These Terms of Service are subject to change at any time. Some Wdupload services and accounts may have additional terms and conditions (�Additional Terms�). When Additional Terms apply to a service or account, Wdupload will make them available to any user to review at any time. While using the services or account, you agree to be bound by and to abide by the most recent of both the Terms of Service and the Additional Terms outlined in this Agreement. As used in these Terms of Service, �Wdupload� refers to Wdupload Corporation, and �User� refers to any user of the Wdupload service, including but not limited to any �Premium�, �Free�, �Reseller�, or �Webmaster� account. Details of these accounts are outlined below.
The Wdupload Service
Wdupload offers access to the main features of its service free of charge. Wdupload provides additional features of its service featured in the Wdupload Premium Services, for this service a subscription fee is charged. In addition, Wdupload provides special support services for Reseller users. Wdupload may modify the Services at any time, with or without notice. Changes may result in the addition, elimination, or modification of any feature of Wdupload ‘s Service. Wdupload may also stop providing providing their service at any time. Wdupload may, in it’s discretion, refuse to provide access to its services to anyone for any legally permissible reason. Wdupload may terminate any user’s account or access to the Service for any of the following reasons:
- Failure to pay for services or to discharge any other debt or obligation to Wdupload.
- If Wdupload cannot establish authenticity of the payment information given by a user.
- Wdupload reasonably believes that the actions of a user may result in a legal liability for that user, other users of the Wdupload service, ore Wdupload as a service provider.
- Or for any other legally permissible reason
Conditions on Use of the Wdupload Service
Wdupload grants you permission to access and use the Wdupload Service as set forth in these
Terms of Service, and in exchange you agree as follows:
- The user will not use the Wdupload Service for any illegal purpose, in any manner that is of an illegal nature, or in any other manner that could damage, disable, overburden, or impair the Wdupload Service.
- The user will not defeat or interfere with any of Wdupload’s security features set in place.
- The user will not alter or modify any content uploaded or stored using the Wdupload Service, other than content that you have uploaded.
- The user will not use any automated system, software, or device to index compile, collect, or copy any content stored on the Wdupload Service’s Servers.
- The user will not collect or harvest any personally identifiable information, including without limitation to account names or e-mail addresses, from the Wdupload Service.
- The user will not upload, store, share links to, or make available through the Wdupload Service any materials that contain software viruses or any other malicious computer code
- designed to interfere with the functioning of any computer software, computer hardware, or telecommunications equipment. The user understands and agrees that the Wdupload
- Service may immediately terminate the account of, suspend, or terminate access to the Wdupload Service of any user whom violates any of these prohibitions.
The User’s Use of the Wdupload Service
The user acknowledges and agrees that you are solely responsible for any content that you upload, store, or share with others using the Wdupload Service (�User Content�), and the consequences of uploading, storing, or sharing any User Content. The user agrees to that he/she will not use the Wdupload Service to upload, store, or share User Content that you did not create or that which the user does not have the permission to upload, store, and share. The user promises that he/she owns all the intellectual property rights, (including but not limited to both copyright and trademark rights), licenses and permissions that may be needed to upload, store or share their User content. By uploading, storing, or sharing any User Content, the User promises that doing so does not infringe on any intellectual property rights of another person. The user agrees that he/she will not use both the Wdupload Service or theWdupload Site to post, transmit, or share any form of child pornography. The use of the Wdupload Service or the Wdupload Site to publish or transmit child pornography will not be tolerated. If identified, the user will be reported to law enforcement authorities, and it will result in the termination of the user’s account. The user agrees that they will not use the Wdupload Service or the Wdupload Site to post, transmit, or share User Content that is any of the following:
- Files which are intended for any illegal purpose
- Graphically violent or likely to incite imminent violence
- advocating or promoting terrorism
- offering or facilitating the illegal sale of fire arms
- Invasive of the privacy of another person
- Images or files which depict racism
- Files which are physically threatening or intimidating
By uploading, storing, or sharing User Content, the user promises that it does not fall under any of these prohibited categories. The user understands and agrees that Wdupload may at any time immediately suspend access to, terminate, or remove, without notice, any account or content that violates any of these prohibitions. The user agrees that they will comply with all applicable terms, conditions, and rules regarding the use of any website, forum, or service in or through which any links to content uploaded and stored to the Wdupload Service is posted or distributed. The user is to understand and agree that failure to do so may result in the suspension or termination of your account or access to the Wdupload Service. The user is to understand that Wdupload does not promise that the User Content he/she uploads, stores, or shares using the Wdupload Service will be maintained by Wdupload. The user is solely responsible for creating backup copies of and replacing any and all User Content, at their own cost and expense. The user agrees that Wdupload has no responsibility or liability for the deletion of, failure to store, or to transmit, any User Content. Wdupload retains the right to create and revise the limits on use, storage, upload speeds, download speeds, sharing, maximum number of downloads, and any other aspect of the Wdupload Service, at its own discretion at any time, with or without notice.
User Registration and Account Information?
As part of the Wdupload Service, the user may choose to register with Wdupload. To register, the user must submit a valid e-mail address, create a user name, and password. Registering allows the user to upload using the users account, and to delete uploads without saving the deletion links generated for each upload. Registered users have access to our file manager feature, which allows the user to organize your files into folders, and generate links to folders that contain multiple files. Registered users also have access to other special features of the Wdupload Service, such as Flash Upload, Remote Upload, and URLLeech. The user will be required to register with Wdupload in order to become a Reseller. When the user signs up for a Premium account on the Wdupload website, you will need to submit payment information, a valid e-mail address and a valid phone number. (Other payment services can be used if you sign up using a Reseller.) Your e-mail address will be provided to Wdupload, which will send a user name and password to your e-mail address. (The user can change their user name and password later, if you want.) The user assures that the information provided in registering with Wdupload or signing up as a Premium user or Reseller will be accurate and complete. The user agrees to update their information as necessary to ensure that it remains accurate and complete at all times. If the user registers, they will have an account with Wdupload. As a user, your account will provide you with information regarding your use of the Wdupload Service, and with the access to special features of the Wdupload Service (as mentioned above). As a Reseller, your account will proved you with access with additional information concerning your Reseller activities. In particular, the user understands that permitting others to have access to their Wdupload account may result in the disclosure of their personal information, and of information provided to them by Wdupload. It may also result in another person having the ability to alter the users account information. This could result, in the unauthorized use of the users account for uploading, storing, or sharing content, or in the redirection of payments. The user, therefore, agrees that he/she will keep the information used to access his/ her Wdupload account confidential. The user understands and agrees that he/she will be responsible for any and all consequences of their disclosure of the information used to accesstheir Wdupload account, and that Wdupload will have no liability for such consequences. The user agrees that any disclosure of the information used to access their account to any third party, without the express, written consent of Wdupload, may result in the suspension or termination of the users account andof the users access to the Wdupload Service, with or without notice. The user promises to notify Wdupload immediately in the event of any disclosure to a third party of the information used to access their Wdupload account, of any unauthorized use of their account, or if he/she becomes aware of circumstances indicating any unauthorized use of their account. The user may provide notice by sending an e-mail to [email protected] Wdupload does not allow multiple accounts for one user. The user agrees not to register multiple accounts as a single user. The user understands and agrees that if Wdupload determines that a single user has multiple accounts, those accounts may be terminated. Wdupload does not allow sharing of Premium accounts (multiple users accessing or using a single Premium account). The user agrees not to share any Premium account. The user understands and agrees that if Wduploaddetermines that a single Premium account is being accessed or used by multiple users, the account may be terminated and the user may be denied access to the Wdupload Service.
- Satisfy any applicable laws, regulations, or legal processes or governmental requests. Enforce the
- Wdupload Terms of Service.
- Detect, prevent, or otherwise address fraud, security or technical issues.
- Respond to User Support Requests.
- Protect the rights, property, or safety of Wdupload, its users and the public.
Except for User Content, all content and components of the Wdupload Service, including without limitation, the software, graphics, interactive features, trademarks, service marks, logos, and other content (�Wdupload Materials�) are owned by or licensed to Wdupload. Wdupload reserves all rights to the Wdupload Materials not expressly granted to you by these Terms of Service. The user may access and use the Wdupload Materials as necessary to uploadstore, or provide links to their User Content. The user may not otherwise use, reproduce, distribute, or display any Wdupload Materials. The user may not alteror modify any Wdupload Materials. By uploading, storing, or providing links to any file using the Wdupload Service, the user gives Wdupload permission tomaintain that file on servers used by the Wdupload Service, to permit access to the file to anyone using a link to it, and to make copies of the file as Wdupload deems necessary to facilitate the Wdupload Service. The user retains any and all other rights to their User Content. Wdupload will not reproducedistribute, display or exploit any User Content except at the users direction as part of the Wdupload Service, or as Wdupload otherwise deems necessary tocomply with any legal obligation.
Wdupload does not routinely screen, monitor, review or revise User Content uploaded, stored, or shared using the Wdupload Service. However, Wdupload may review any such content, and Wdupload reserves the right to refuse to accept, store, or permit, the sharing of any User Content, to remove any User Content from the Wdupload Service, and to prevent the uploading, storage, or sharing of any User Content. Wdupload does not endorse or support any UserContent. Wdupload does not guarantee the reliability or accuracy of any User Content. Wdupload does not guarantee that User Content does not infringe thirdparty rights, including intellectual property rights. Wdupload does not guarantee that User Content will not be offensive or harmful. Wdupload does not guarantee that User Content will comply with these Terms of Service. The user acknowledges that any use of or reliance on User Content obtained trough the Service will be at their own risk. If the user becomes aware of any User Content that the user believes violates these Terms of Service, or that is otherwise objectionable, the user may inform Wdupload. If the user believes that User Content violates copyright or trademark law, please submit a notice in accordance with Wdupload’s Intellectual Property and Rights Policy. If the user believes that User Content is otherwise objectionable, send it by e-mail to [email protected] Wdupload may remove or disable access to the User Content if, in Wdupload’s judgment, it is appropriate to do so. However, pleaseunderstand that deciding whether User Content is objectionable often requires the exercise of judgment, and that Wdupload is not legally responsible for contentthat it does not originate. Wdupload reserves the right access, review, preserve, and disclose any User Content, as it reasonably believes is necessary to do any of the following:
- Satisfy any applicable laws, regulations, or legal processes or governmental requests.
- Enforce the Wdupload Terms of Service.
- Detect, prevent, or otherwise address fraud, security or technical issues.
- Respond to User Support Requests.
- Protect the rights, property, or safety of Wdupload, its users and the public.
- The User agrees that Wdupload will not be held liable for exercising or failing to exercise any of these rights
Premium Account Services
If the user signs up for the Wdupload Premium Service, the user will receive certain additional benefits and features that the Wdupload Free Service does not provide. These benefits and features are listed on the Wdupload.com website and are accessible to all users. With a Wdupload Premium Service account certain charges and fees apply. These charges vary depending upon the duration of the account, the features of the account, and various other factors. The user agrees that Wdupload has the right to revise, change, or edit the benefits or the fees of the Premium Account Services provided to the user, with or without notice. However, Wdupload will not substantially change the benefits or the fees charged to any user during the period the user has previously signed up, and paid for a Premium Account. Wdupload may also begin to offer features that are currently offered for free as a part of the Premium Account offering, at any time and without notice. Wdupload Premium Service purchases will appear as charges from Wdupload S.L on your Credit Card or Bank Statements.
Note: Wdupload One Month Premium Service Subscriptions are not recurring.
Reseller Account Services
Violations or attempts to violate Wdupload systems or to interrupt Wdupload services are strictly prohibited, and may result in criminal and civil liability. Examples of system violations include, without limitation:
Advertising served by Wdupload itself or by Wdupload in cooperation with a third party (” Wdupload Advertising”) may appear on the Wdupload website or in communications sent by Wdupload. The user understands and agrees that all revenue resulting from Wdupload Advertising will be paid exclusively to Wduploadand that the user has no right to or interest in any such revenue. The user understands that Wdupload is not responsible for the textual, visual, or technological features or the content of advertisements that appear on the Wdupload website or in Wdupload communications, other than advertisements created and served directly by Wdupload (if any). By using the Service, the user agrees that Wdupload will not be liable for any Wdupload Advertising that it does not create and serve.
Limitations of Warranties and Guaranties
The user understands and agrees that his/her use of the Wdupload service is at his/her risk. The Wdupload service is provided on an “as is” and “as available” basis. Wdupload expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Wdupload does not guarantee the reliability, accuracy, timeliness, or completeness, of the Wdupload service or of any content made available through the Wdupload service. In particular, and without limitation, Wdupload gives no warranty or guarantee that:
- The Wdupload Service will meet the users requirements. The Wdupload Service is free of viruses or any other harmful components.
- The Wdupload will be uninterrupted, timely, secure, or error-free.
- The results that may be obtained from the use of the Wdupload Service will be accurate or reliable.
- The quality of any products, services, information, or other materials obtained by the user through the Wdupload Service will meet the users expectations.
- Any errors in the components or contents of the Wdupload Service will be corrected.
The user agrees to hold harmless and indemnify Wdupload, and its affiliates, officers, directors, employees, agents from and against any third-party claim arising from or in any way related to the user’s use of the Wdupload Service, including any liability or expense arising from any claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, or other liabilities of any kind. Wdupload will make reasonable efforts to provide the user with written notice of any such claim, suit or action, but the failure of Wdupload to provide such notice will not relieve the user of these obligations.
General Terms and Conditions
Choice of Law. The agreement created by these Terms of Service, and any dispute arising from or relating to these Terms of Service or the provision or use of the Wdupload Service, will be governed by the laws of the State of Wyoming and the United States of America, without giving effect to their conflict of laws provisions. Arbitration. The parties agree to submit to binding arbitration any action, proceeding, claim or counterclaim brought by either of the parties against the other arising out of or related to these terms of service or the provision or use of the Wdupload service (“Claim”). THE PARTIES EXPRESSLY WAIVE THE RIGHT TO PROCEED IN ANY COURT OR OTHER GOVERNMENT TRIBUNAL AND THE RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY CLAIM. The arbitration will be conducted in accordance with the Arbitration Rules of the United Nations Commission on International Trade Law (�UNCITRAL Rules�) in effect at the time of the arbitration. In the event of any conflict between this Agreement and the UNCITRAL Rules, this Agreement will control. There will be a single arbitrator. The arbitrator will be selected as follows:
- Each party will propose three potential arbitrators.
- The parties will confer with each other in a good faith effort to agree on an arbitrator selected from one or both of the parties� lists.
- If an arbitrator is not selected by the parties within thirty days, the International Centre for Dispute Resolution (�ICDR�) shall make the selection from its list of available neutrals.
Reseller Terms and Conditions
By becoming an Wdupload Reseller, the user agrees to the Terms of Service and the following additional terms and conditions (“Reseller Terms”): Upon establishing a Wdupload Reseller account, the user can buy Premium accounts from Wdupload at a discount, and sell them for a price that the user determines will be good for themselves and their customers. The initial discount for all our Resellers is twenty percent (20%). In other words, we will sell a Premium account to you at twenty percent less than the price of that account as advertised on Wdupload�s website. Payment to Wdupload for Premium accounts must be made through one of our approved payment services (Paypal, or Credit Card). Resellers may then sell Wdupload Premium accounts via any billing methods they are entitled to use. In order to establish a Wdupload Reseller account, you will need to load your Reseller account with at least $200.00. To establish a Wdupload Reseller account and become a Reseller, send an e-mail to [email protected] containing the following information:
- Your name:
- Your country of origin:
- Country or countries where you plan to sell our accounts:
- What kind of payment methods you can accept:
- How many accounts you think you can sell weekly:
- Your user name at Wdupload.com (if you don’t have one, register a free account); and URL of the site where you plan to sell our accounts.
All of Wdupload’s Premium Services can be purchased at anytime after the user has registered. The user may subscribe to Wdupload’s Premium Services for various amounts of time. Refunds can be done on a case by case basis and no longer than 24 Hours after the initial purchase. Wdupload does not provide partial refunds.
If the user would like to request a cancellation or to unsubscribe from Wdupload’s One Month Premium Service Subscription the user must first send an e-mail to [email protected] stating the request along with the user name, billing name, billing e-mail. The user’s subscription will continue for the remainder of the time of the subscription.