These Terms and Conditions hereinafter referred to as the “Terms” refer to the access and usage of Alfafile.net online file sharing and storage service operated by Yflex LLP, 21 Botanic Avenue, Suite 15, Belfast, Northern Ireland, BT7 1JJ, , hereinafter referred to as the “Service”. Alfafile.net, hereinafter referred to as “we”, “our” or “us”, is a limited company duly registered and located at Yflex LLP, 21 Botanic Avenue, Suite 15, Belfast, Northern Ireland, BT7 1JJ, . The Terms of this Service do not and will not alter the terms and conditions of all other existing agreements that may be in place between you and Alfafile.net. If your usage of the Service is for and in behalf of a separate entity, you certify your authority to represent said entity and your acceptance of the Terms of the Service on their behalf; and that said entity is fully aware of the Terms and agrees to compensate you together with Alfafile.net for any violations of said Terms whatsoever.
We have discretionary right to make changes or modifications to the Terms. We likewise have discretionary right to make changes or modifications to any of the policies and/or guidelines of the Service. Such changes or modifications may be made at anytime and with our sole discretion. All revisions are immediately effective upon posting of the same on our website at Alfafile.net, hereinafter referred to as the “Site”. You waive your right, if any, to receive separate and specific notifications of such revisions. If you continue to use the Service after revisions have been posted, it will mean you are accepting said revisions on the Site. You are advised to regularly check the Terms including all applicable policies relevant to you while using the Service. Should you disagree with the revised Terms or any part thereof, you must refrain from using the Service.
Should you have clarifications or questions regarding these Terms and your usage of the Service, feel free send us an email at [email protected].
- 2 Customer Data
- 3 Registration data
- 4 Ownership
- 5 Grants and Restrictions
- 6 Obligations
- 7 Third Party Content
- 8 Fair Use Policy
- 9 Advertisements and Promotions, Third-party Products and Services
- 10 Trademarks
- 11 Disclaimer
- 12 Indemnification
- 13 Limitation of Liability
- 14 Termination
- 15 Repeat Infringer Policy
- 16 Copyright Claims
- 17 Refund Policy
- 18 Underage Content and Child Pornography
- 19 Report Child Pornography
- 20 Miscellaneous
All content supplied to Alfafile.net including but are not limited to personal information, files, videos, photos, blog comments et al in the course of your use of the Service are hereinafter referred to in the Terms as “Customer Data”. As a cloud service Alfafile.net provides its users convenient data access from anywhere in the world with the added security of having extra back-up. Our subscription services come either FREE or PREMIUM, each with its set of user features. Please review the detailed features of each package
As a user, you consent to: (i) supply complete, current and accurate personal information as may be required by any registration, signup and/or login forms available through the Service, hereinafter referred to as “Registration Data”; (ii) constantly update and maintain your Registration Data, including any or all other personal information you supply to Alfafile.net, thereby keeping it current, complete and accurate; and (iii) accept the risks of unwarranted access to your Registration Data including any or all other personal information you supply to Alfafile.net.
As stipulated in the Terms under the Grants and Restrictions, Alfafile.net has ownership and interest and is entitled to: (i) the Service; (ii) the end product or products developed by and between you and Alfafile.net resulting from our fulfilment of the Service; and (iii) all or any copyrights, patents, trademarks, trade secrets, moral rights et al, hereinafter referred to as “Intellectual Property Rights” and all or any other forms of the same, as recognized in and by any jurisdiction, to include required registrations and applications for the same.
Grants and Restrictions
Alfafile.net gives you a revocable, non-transferable and non-exclusive access and right to use the Service, contingent upon the terms and conditions as stipulated in the Terms.
Unless otherwise explicitly stated in the Terms, you may not, nor will you permit any other person or entity to (i) divulge any or all information and/or analysis pertaining to the performance of the Service; (ii) utilize any data gathering or data extraction tools like data mining or robots against the Service and/or the Site; (iii) download (except for page caching) site content or any portion thereof; and (iii) utilize the Service or the Site and any of its contents except for their intended purpose.
All local, municipal, provincial, state, national and federal laws; judgments, decisions, judicial decrees, rules and regulations in any or all jurisdictions that apply to the Terms, the Service, Alfafile.net and to you, are hereinafter referred to as the “Laws”. You must observe reasonable security precautions, at all times adhering to the Laws, while using the Service. You must willingly cooperate with any reasonable investigation to be conducted by Alfafile.net regarding downtime or outages, security issues and any breach of the Terms (suspected or confirmed).
You state and guarantee: (i) the you have sole ownership of all Customer Data that you supply to Alfafile.net or that you have acquired the same from another party or entity in full compliance with your own privacy guidelines; (ii) that said privacy guidelines are likewise in full compliance with all of our applicable or relevant Laws; and (iii) that you have the authority as required by all applicable or relevant Laws to move all Customer Data to and for storage at Alfafile.net inside the United States and other countries.
Alfafile.net will not be answerable to you for unwarranted access to your Customer Data and/or the unwarranted use of our Service. You have full responsibility over: (i) Service usage by your employees, representatives or any other person you have allowed access to it; and (ii) any person or entity who successfully gains access to your Customer Data and is able to use the Service with or without your authorization, resulting from failure on your part to observe and implement reasonable and sufficient security precautions.
Regardless of any terminology contradictions in the Terms, we reserve the right to disclose any or all Customer Data: (i) if/when required by all applicable Laws; or (ii) to respond to any legal summons, subpoena and/or other legal process.
ALL EXISTING FILES RESIDING IN YOUR FREE ACCOUNT MUST BE DOWNLOADED EVERY 30 DAYS OR THEY WILL BE DELETED AUTOMATICALLY. NO RECOVERY OPTIONS ARE AVAILABLE FOR ALL DELETED FILES.
You may not use the Service to upload, post, distribute, transmit, create, store, or publish any of the following:
- Customer Data of the following nature: abusive, bigoted, deceptive, defamatory, discriminatory, fraudulent, harassing, hateful, indecent, inflammatory, lewd, libellous, obscene, offensive, pornographic, profane, sexually explicit, suggestive, threatening, violent, vulgar or generally distasteful;
- Customer Data that will potentially violate or infringe upon any rights to intellectual property including but are not limited to copyright, patent, right of publicity, right of privacy, trade secret, trademark or other rights of any third party or entity;
- Customer Data deemed unlawful or illegal, that would furnish instructions for, encourage or constitute a criminal offense, generate liability for or violate international, federal, national, state or local laws;
- Malware, corrupt data, viruses or other destructive, disruptive or harmful code, file, script, program or any other software with the intent to automate the Service or any part and functionality thereof without written consent from Alfafile.net. You agree that you have the sole responsibility for the conduct of your activities while utilizing the Service. You further agree that with respect to the Service or its users, you will refrain from doing any of the following:
- Utilize the Service in a way that could disrupt, inhibit, interfere with or negatively affect other users from taking full advantage of the Service or in a way that may damage, disable, impair or overburden the functions of the Service;
- Utilize the Service: for unauthorized or illegal purposes; to encourage, promote or engage in any illegal activity in violation of the Terms or any regulations or polices issued by Alfafile.net from time to time;
- Utilize the Service by creating an account if you are below 18 years old;
- Make changes, adapt, hack-into or mimic the Service;
- Bypass or attempt to bypass any of our filtering or security measures and other features intended for the protection of the Service, our users or other parties;
- Violate or infringe upon our rights, the rights of Alfafile.net users or other parties.
Alfafile.net is not responsible for nor do we assume any culpability for any adverse user conduct.
Alfafile.net is not responsible for any or all Customer Data that is stored, posted or made publicly available on the site or through the Service.
Alfafile.net is not responsible for any falsehoods, slander, defamation, libel, obscenity, omissions, mistakes, profanity, or pornography that users may encounter.
You utilize the Site and the Service at your own risk. It is the sole discretion of Alfafile.net to enforce the rules applicable to Customer Data and user conduct as stipulated in the Terms. Any failure to implement said rules in certain instances does not in any way imply a waiver of our own right and obligation to enforce the same in other instances. Moreover these guidelines do not empower any third party to any right of action nor does it create any reasonable expectation that there will not be any content in the Site that is prohibited by existing rules.
Third Party Content
To accommodate users who may be interested in third party content, Alfafile.net may include the same on the Site or via the Service, or may provide the links to the appropriate third party content or websites. These will be collectively referred to as “Third Party Content”. Nevertheless, we do not adopt, endorse or control any of these third party contents, nor do we make any representation or any kind of warranties as to their completeness or accuracy. As a user, you understand, acknowledge and accept that Alfafile.net is not liable or responsible for any or all Third Party Content whatsoever, and that we do not undertake any responsibility to review and update said contents. Your usage of any such Third Party Content on the Site is at your own risk, and this provision will be in effect beyond your use of our Service.
Fair Use Policy
As a user, you accept that both registered and non-registered users can download files at a maximum speed of 300kbps, maximum of 3-files/day and maximum of 2-files/hour. Both registered and non-registered users can download a maximum 300MB of downloadable files. File download sessions must be separated by 15-minute intervals.
Premium account users are limited only by the provisions of their subscription package with a maximum downloadable file size of 5GB.
The maximum file size allowed to be uploaded is 2GB for Regular account holders and 5GB for both Premium members and users who upload their files with ftp protocol.
If you are a Premium account holder, you accept that you are prohibited from using debrid services nor are you allowed to share your login information with other users. You further agree that if you share login information in order to give others access to your privileges as a Premium user or if you use debrid services, your account may be blocked with no possibility of any refund. Alfafile.net may block your network from accessing our servers for violating our Terms. You acknowledge and accept that such violation on your part does not make you eligible for any refunds or compensation and that you will not ask for any.
Advertisements and Promotions, Third-party Products and Services
Third party promotions and advertisements may be run by Alfafile.net on the Site or through the Service. Alternatively, Alfafile.net may simply include information about third party products and/or provide links to said products on the Site or through the Service. Your business associations with third parties, your participation in any of their promotions; any terms, representations, warranties and conditions that may arise out of such association or promotions are strictly between yourself and said third party. You will not hold Alfafile.net responsible for whatever loss or damage that you may incur resulting from your association with any third party or from the presence on the Site or availability through the Service, of third-party promotions, advertisements and information.
All Alfafile.net emblems, brands, symbols, logos and slogans found on the Site or available through the Service are duly registered trademarks belonging to Alfafile.net and its licensors or suppliers. These emblems, brands, symbols, logos and slogans or any portion thereof may not be used, imitated or copied without express written consent from Alfafile.net or the appropriate trademark holder. Users are not allowed to use meta-tags or other specific “hidden text” bearing “Alfafile.net” or other trademarks, trade names, or product/service names of Alfafile.net without express written consent from Alfafile.net.
Moreover the overall look of the Site to include all custom graphics, page headers, scripts and button icons are all part of the trademark, service mark and business image of Alfafile.net. They may not be used, imitated or copied either as a whole or portions thereof, without express written consent from Alfafile.net. All other third party trademarks, product names, company names, brands and logos appearing on the Site or are available through the Service belong to their respective owners. Any reference we make on the Site or via the Service to any third party product, service, process or any other information either by trademark, trade name, supplier, manufacturer et al does not imply or constitute sponsorship, recommendation or endorsement from Alfafile.net. This provision will be in effect beyond your use of our Service.
THE SITE AND THE SERVICE ARE PROVIDED BY Alfafile.net ON AN “AS AVAILABLE” and “AS IS” BASIS WITH NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR COVENANTS WHATSOEVER. Alfafile.net DOES NOT GUARANTEE THAT THE SITE OR THE SERVICE WILL AT ALL TIMES BE UNINTERRUPTED, COMPLETELY SECURE OR ERROR-FREE. Alfafile.net TOGETHER WITH ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES BOTH EXPRESS OR IMPLIED, WRITTEN OR ORAL, AS APPLICABLE TO THE SERVICE AND TO THE SITE WHETHER SUPPOSED TO ARISE BY VIRTUE OF LAW, AS DICTATED BY CUSTOM OR TRADE USAGE, THROUGH BUSINESS DEALINGS OR OTHERWISE, TO INCLUDE ANY AND ALL: (I) MERCHANTABILITY WARRANTIES; (II) FITNESS/SUITABILITY WARRANTIES FOR WHATEVER PURPOSE (WITH OR WITHOUT THE KNOWLEDGE OF Alfafile.net; AND (III) CONDITION OF TITLE OR WARRANTIES OF NONINFRINGEMENT. YOU RECOGNIZE AND ACCEPT THAT YOU DO NOT RELY ON ANY WARRANTIES. YOU RECOGNIZE AND ACCEPT THAT: (A) INTERNET ACCESS IS REQUIRED TO USE THE SERVICE; (B) THE OPERATION AND MAINTAINANCE OF YOUR SERVERS INCLUDING YOUR INTERNET CONNECTIVITY IN ORDER TO GAIN ACCESS TO AND USE THE SERVICE IS NOT THE RESPONSIBILITY OF Alfafile.net; AND (C) INTERNET CONNECTIVITY INCLUDES INHERENT RISKS THAT COULD POTENTIALLY RESULT TO LOSS OF OR DAMAGE TO CUSTOMER DATA. Alfafile.net IS NOT LIABLE FOR ANY DAMAGES OR LOSSES THAT POSSIBLY RESULTED FROM YOUR USE OF THE SERVICE. ANY CUSTOMER DATA OR PORTIONS THEREOF MAY BE DELETED OR REPLACED WITHOUT PRIOR NOTICE IF: (A) IT IS UNLAWFUL; (B) IT MAY COMPROMISE OUR SERVER SECURITY; (C) IT EATS UP EXCESSIVE BANDWIDTH, OR (D) BY OUR SOLE DISCRETION, WE DEEM IT MUST BE DELETED. THIS PROVISION WILL BE IN EFFECT BEYOND YOUR USE OF OUR SERVICE.
At your own expense, you will indemnify, defend and hold us, Alfafile.net, its affiliates, agents, consultants, directors, employees, officers and shareholders, collectively referred to as “Alfafile.net indemnities”, free and harmless from any and all actions, damages, claims (groundless or otherwise), deficiencies, judgments, fines, liabilities, losses, payments, proceedings (in equity or at law), settlements, suits (actual or threatened) and costs and other expenses (to include but is not limited to, attorneys’ fees, expert witnesses’ fees, interests, disbursements and penalties,); resulting from any proceeding, suit or action against any or all Alfafile.net indemnities, be it successful or not; arising from, attributable to, caused by, incidental to, or in whichever way resulting from: (i) your breach of your own warranties or representations as stipulated in the Terms); (ii) your infringement, misappropriation or any violation of the Intellectual Property Rights, privacy rights or publicity rights of any third party caused by any acts or omissions on your part as applied to all or parts of your Customer Data; or (iii) your conduct. This provision will be in effect beyond your use of our service.
Limitation of Liability
(I) Alfafile.net WILL AT NO TIME BE LIABLE OR ANSWERABLE TO YOU AND/OR OTHER PARTIES FOR WHATEVER LOSS OF: PROFITS, USE, REVENUE, GOODWILL; ANY DISRUPTION OF BUSINESS OR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, INDIRECT, SPECIAL OR EXEMPLARY DAMAGE OF ANY KIND RESULTING FROM OR IN RELATION TO THE SERVICE, THE TERMS, THE SITE OR ANY THIRD PARTY CONTENT NOTWITHSTANDING THE FORM OF ACTION, BE IT IN CONTRACT, STRICT LIABILITY, TORT OR OTHERWISE, REGARDLESS WHETHER Alfafile.net RECEIVED ADVICE OR IS INFORMED OF THE PROBABILITY OF SAID DAMAGES;
(II) THE TOTAL LIABILITY OF Alfafile.net RESULTING FROM OR IN RELATION TO THE SITE, THE SERVICE, THE TERMS OR ANY THIRD PARTY CONTENT EXCEEDS ANY AMOUNT THAT YOU WILL PAY TO Alfafile.net (IF ANY) AS STIPULATED IN THE TERMS. THIS LIMITATION WILL IN NO WAY EXPAND BY WAY OF MULTIPLE CLAIMS. SHOULD ANY REMEDY SO STIPULATED IN THE TERMS FAIL IN ITS RELEVANT AND ESSENTIAL PURPOSE, THIS SECTION WILL REMAIN IN FULL EFFECT. THIS PROVISION WILL BE IN EFFECT BEYOND YOUR USE OF OUR SERVICE.
As a user, you may choose to stop using the Service any time at your convenience. Alfafile.net may likewise terminate your user privileges if we have sufficient reason to believe breach on your part of any of the Terms of the Service.
Repeat Infringer Policy
Pursuant to the Digital Millennium Copyright Act (“DMCA”) and all other applicable laws, Alfafile.net has since adopted a termination policy. When appropriate and at our sole discretion, Alfafile.net will terminate the accounts of users who are repeat infringers. We may also limit the access to the Service or terminate the user accounts of individuals who infringe upon other people’s Intellectual Property Rights whether it is a case of repeat infringement or not.
If you have reason to believe that the Site contains or that the Service makes available certain material infringes upon any copyright owned or controlled by you, or if any link accessible through the Service brings users to certain content that infringes upon any copyright owned or controlled by you, you may send us notice of this infringement through our Designated Agent as stipulated in our DMCA Policy.
Alfafile.net’s Premium subscription services are available in varying lengths of time, and can be purchased upon registration. Once you have paid for any premium services, they are non-refundable. There are no partial refunds. Your may modify your auto renew settings at anytime via your profile page.
Underage Content and Child Pornography
Alfafile.net enforces a zero-tolerance policy on underage content of a sexual nature and child pornography in general. All notifications we receive of such content are immediately acted upon. The content is promptly taken down and the user account that uploaded said content is blocked by our technical support. We will report this incident and submit all relevant material to the National Center for Missing and Exploited Children with Cybertipline at http://www.missingkids.com/home. We may take action by fully cooperating with law enforcement to assist in the identification and subsequent prosecution of individuals responsible for the transmission and/or distribution of materials depicting child pornography.
Report Child Pornography
If you wish to report any material or content depicting child pornography published through our Service, please send us the links at [email protected] for prompt and proper investigation.
These Terms will be understood and governed pursuant to the laws of Cyprus. All parties concur that any action, in equity or at law, resulting from, relating to or arising out of the Terms shall be filed in Cyprus courts only, and all parties do hereby agree irrevocably and without condition, submit to the sole jurisdiction of said courts over any action, suit or proceeding that comes about as a result of the terms. Other than for payments due in accordance with the Terms, no party will be answerable for delay or performance default, attributed in part or as a whole causes not within its reasonable control, including acts of God (storm, fire, earthquakes, floods et al), civil disturbances, telecommunications breakdown, power outages or loss of other essential services, termination or disruption of service by Alfafile.net’s service providers thereby disabling all internet connectivity, computer viruses, cable cuts, vandalism, labour disturbances or other similar eventualities, or any unlawful or malicious acts by other parties, each considered a “Force Majeure Event”. Should any such delay occur, the delivery date will be accordingly deferred for the same number of days lost by virtue of the delay.