8. Acceptable Use
You agree to not use ZapFile's Service to:
a. upload, post, e-mail, transmit or otherwise make available any Content that spreads messages of terror or depicts torture or death-gui; if serious enough, the content will be reported to the appropriate legal authority and/or the member's ISP will be contacted;
b. harm minors in any way, this includes any form of child pornography; if serious enough, the content will be reported to the appropriate legal authority and/or the member's ISP will be contacted; ZapFile will report files it detects through its service that appear to involve child exploitation to the National Center for Missing & Exploited Children's CyberTipline.
c. upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
8.1 Illegality/Adult Content
ZapFile neither sanctions nor permits site content or the transmission of data that contains illegal or obscene material and pornography or fosters or promotes illegal activity, including but not limited to, gambling, the offering for sale of illegal weapons, and the promotion or publication of any material that may violate hate crimes legislation.
ZapFile reserves the right to immediately suspend or terminate any account or transmission that violates this policy, without prior notice.
Further, should Customer violate this policy, ZapFile will actively assist and cooperate with law enforcement agencies and government authorities in collecting and tendering information about Customer, Customer's site, the illegal or obscene content, and those persons that may have inappropriately accessed, acquired, or used the illegal or obscene content.
8.2 Wrongful Conduct
Customer shall not commit or permit wrongful or damaging acts which justify civil action including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent or intentionally inflicting emotional distress.
8.3 Access and Interference
Violations or attempts to violate ZapFile systems or to interrupt ZapFile services are strictly prohibited, and may result in criminal and civil liability. Examples of system violations include, without limitation:
a. Unauthorized access to or use of ZapFile Services, including any attempt to probe, scan or test the vulnerability of a system or to breach security or authentication measures without express authorization of ZapFile;
b. Interference with Service to any customer or network including, without limitation, flooding, or deliberate attempts to overload a system and broadcast attacks;
c. Use of any device, software, or routine to interfere or attempt to interfere with the proper working of the Services;
d. Any action that imposes an unreasonable or disproportionately large load on ZapFile's infrastructure
Customer shall not decompile, disassemble, decrypt, extract, reverse engineer or otherwise attempt to derive the source code of the "software tools" (including the tools, methods, processes, and infrastructure) underlying the Services or any other software on the ZapFile Web site.
8.4 Copyright or Trademark Infringement
ZapFile Services may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation, including export control laws, is prohibited. This includes, without limitation, material protected by patent, copyright, trademark, service mark, trade secret or other intellectual property rights. If you use another party's material, you must obtain prior authorization. By using the Services, you represent and warrant that you are the author and copyright owner and/or proper licensee with respect to any hosted content and you further represent and warrant that no content violates the trademark or rights of any third party. ZapFile reserves the right to suspend or terminate a Customer's transmission(s) that, in ZapFile's discretion, violates these policies or violates any law or regulation.
Notwithstanding the foregoing, ZapFile undertakes no responsibility to monitor the Content made available by Members. ZapFile operates the Site and Services as a neutral party, and ZapFile does not regularly monitor, scan or regulate the use of the ZapFile and/or services by any of its Members. The use of the ZapFile and/or services by a Member or otherwise does not constitute an endorsement by ZapFile of that member. ZapFile is not responsible or liable for the acts, omissions, agreements, promises, content, content links, other products, services, comments, opinions, advice, statements, offers and/or other information made available by, or related to, any member or other third party.
8.4.2 Member Content
As a Member, you agree that you are solely responsible for the Member Content uploaded by you to the ZapFile, and for any and all subsequent uses of the member content URLs. If you post member content, you represent and warrant that you have all necessary ownership or other rights in and to the member content enabling you to upload it on the ZapFile, generate a member content URL and display the member content URL and associated member content as intended. Without limiting the foregoing, you agree to use the Services in a manner consistent with any and all applicable laws and regulations.
You shall be solely responsible for any and all of your own uploads and the consequences that arise from posting, uploading and publishing them. Furthermore, with uploaded content, you affirm, represent, warrant and/or agree that you will not:
1. Make available for and/or display any content that could be considered unlawful, harmful, threatening, defamatory, obscene and/or objectionable;
2. Make available for and/or display any content that infringes upon the trademark, trade name, copyright, license and/or other intellectual property or property right of any third party;
3. Make available for and/or display any private information of any third person such as but not limited to: telephone numbers, street addresses, last names and/or e-mail addresses;
4. Make available for and/or display any audio files, text, photographs, videos or other imagery featuring confidential information without prior authorization by the information owner/holder;
5. Make available for and/or display any audio files, text, photographs, videos or other images that might be found to be obscene in your community, as defined under applicable local law;
6. Express or imply or lead any 3rd parties to believe that any statements you make are endorsed and/or approved by ZapFile, without ZapFile administration's specific prior written consent;
7. Collect by any means whatsoever any personal information about end-users or other third parties, without their express consent and/or approval;
8. Utilize any software such as but not limited to: robot, spider, site search/download application or any other device or utility to retrieve, index, "data mine," or in any way reproduce the navigational structure and/or presentation of the ZapFile, it's services or related content;
9. Interfere with or disrupt the Services, Site and/or the servers and/or networks connected to ZapFile;
10. Make available, offer for download, post, e-mail or otherwise transmit any material that contains viruses or any other software, malware, code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
11. Make available, post, offer for download, transmit, promote any software, product or service that is illegal and/or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (SPAM), services that send unsolicited advertisements, programs designed to initiate DDOS attacks and programs designed to gain unauthorized access to networks on the Internet;
12. Create a mirror of any part of the ZapFile and/or its services or impersonate ZapFile and/or its services without our prior written authorization;
13. Make available for and/or display display any content that could be considered exploitative of children in any way, whatsoever;
14. Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the ZapFile and/or services or any software used on or for same. Engaging in any of the aforementioned practices shall be deemed a breach of the Agreement and may result in the immediate termination of your account and access to the services without prior notice, in the sole discretion of ZapFile. ZapFile reserves the right to pursue any and all legal remedies against Members that engage in the aforementioned prohibited conduct. Without limiting the foregoing, ZapFile reserves the right to report any content that could be considered exploitative of children in any way, whatsoever, to any and all applicable legal and regulatory bodies and organizations.
8.4.3 Termination of the Account.
By using our site and/or service, you agree that we are authorized to block your access and delete any or all files in your account for any violation of our Terms and Conditions.
We have a policy of terminating, without notice and without recourse, accounts of subscribers or account holders who are repeat infringers of copyright based upon a suspicion on our part or a notice we receive regardless of any proof of infringement.
ZapFile reserves the rights to decide whether member's or user's uploads are appropriate and comply with these Terms. ZapFile reserves the right to remove such user/member uploads and/or terminate user's access for uploading such material in violation of these Terms at any time, without prior notice and at its sole discretion.
8.5 Misuse of System Resources
Customer shall not misuse system resources including, but not limited to, employing content which consume excessive CPU time or storage space; utilizing excessive bandwidth; or resale of access to content hosted on ZapFile servers.
8.6 Other Activities
Whether lawful or unlawful, ZapFile reserves the right to determine what is harmful to its Customers, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the Service or the Internet.
Please be aware ZapFile reserves the right to cancel any account or transmission they find in violation of any of the above policies. If appropriate, ZapFile will refer complaints to law enforcement authorities, and in such case, ZapFile will actively assist law enforcement agencies with the investigation and prosecution of any such activities, including surrendering Customer account and data information.
Complaints about violators of our Policy should be sent via our contact form
. Each complaint will be investigated and may result to immediate cancellation of Services without prior notice.