MegaCloud™ Website Terms and Conditions and End-User License Agreement

Thank you for visiting the MegaCloud™ website located at www.megacloud.com (the "Site"). The Site is an Internet property of MegaCloud Ltd. ("Company," "we" or "us"). You agree to the following MegaCloud™ Website Terms and Conditions and End-User License Agreement ("Terms and Conditions"), in their entirety, when you: (a) access or use our Site; and/or (b) register on the Site to become a member ("Member") which, depending on the Membership Pack selected, grants you access to: (i) various cloud-based file sharing products and/or services ("Services"), as provided by Company; and/or (ii) Company's proprietary cloud-based file sharing-themed software offerings ("Software"). These Terms and Conditions are inclusive of the MegaCloud™ Privacy Policy ("Privacy Policy") and any and all other applicable Company manuals, operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be published from time to time, which are expressly incorporated herein by reference (collectively, the "Agreement").

PLEASE READ THE AGREEMENT CAREFULLY BEFORE PROCEEDING WITH ACCESSING THE SITE, SERVICES AND/OR DOWNLOADING OR INSTALLING THE SOFTWARE. BY ACCESSING THE SITE, SERVICES AND/OR DOWNLOADING THE SOFTWARE, YOU CONSENT TO BE BOUND BY AND AGREE TO THE TERMS AND CONDITIONS OF THE AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT, YOU MAY NOT BECOME A MEMBER, ACCESS THE SITE, SERVICES OR DOWNLOAD THE SOFTWARE.

Fees.

You can access the Services and Software for free, but your storage space will be limited to 8GB when you register for a "Free Plan." You can obtain greater storage capacity by registering for either a 100GB or 200GB (collectively, "Enhanced Plans"). Upon submitting your Application (as defined below) for one of the Enhanced Plans, and receiving approval from Company, the credit or debit card that you provided during registration or updated at a later date ("Payment Card"), or your PayPal® account, as applicable, will be charged the applicable amount depending on the Enhanced Plan package selected from the options below.
Items (a) through (t) above shall be referred to collectively herein as the "Fees." All Fees will appear on your Payment Card bill or in your PayPal® account, as applicable, as "MegaCloud"

All Fees for items (a) through (d) are payable in United States currency. All Fees for items (e) through (h) are payable in United Kingdom currency. All Fees for items (i) through (l) are payable in European Union currency. All Fees for items (m) through (p) are payable in Canadian currency. All Fees for items (q) through (t) are payable in Australian currency.

Failure to use the Services and/or Software does not constitute a basis for refusing to pay any of the associated Fees. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions (as defined below) of Company in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), Company reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Services and/or Software after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.

Company's authorization to provide and bill for the Services and/or Software is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Company's reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures. Where you fail to make any scheduled payment for accrued Fees, such overdue amounts will be subject to interest charges in the amount of one and one half percent (1.5%) per month, compounded monthly. Your Enhanced Plan Account may be deactivated, and access to the Site, Services and/or Software denied, for non-payment.

For purposes of the Agreement, "PayPal" shall mean PayPal, Inc. Please be advised that Company is not in any way affiliated with PayPal, and the Site, Services and Software are neither endorsed, nor sponsored, by PayPal. PayPal ® is a registered trademark of PayPal, Inc.
Cancellation.

You may cancel your Enhanced Plan at any time if you are not completely satisfied. If you are enrolled in a recurring payment, to cancel your Enhanced Plan, simply cancel the subscription with the applicable payment processor; visit your Member Account area on the Site and utilize the options made available therein; or contact us here. If you are not enrolled in a recurring payment and wish to cancel your Membership, simply cease using the Site and applicable Services. You understand and agree that cancellation of your Membership is your sole right and remedy with respect to any dispute with Company. Upon any termination and/or cancellation of your Membership, your license grant, as set forth in Section 13 hereinbelow shall immediately terminate. The following conditions apply to any Enhanced Plan cancellation: (a) you shall not receive any pro-rata refund of your Fees for partial months or years; and (b) you shall not receive any refund for Fees previously paid up to the date of cancellation or termination and you remain liable for any and all unpaid Fees billed by Company.
Scope/Modification of Agreement.

The Agreement supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the subject matter contained herein. Unless explicitly stated otherwise, any future offer(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site, Services and/or Software shall be subject to the Agreement. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the: (a) arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, "Dispute Resolution Provisions") shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) pricing and/or billing provisions ("Billing Provisions") shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site. By your continued use of the Site, Software and/or Services, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).
Requirements.

The Site, Software and/or Services are available only to individuals that can enter into legally binding contracts under applicable law. The Site, Software and Services are not intended for use by individuals under eighteen (18) years of age. If you are under the age of eighteen (18), you do not have permission to use and/or access the Site and/or Services.
Registration.

In order to obtain access to the Software and/or Services, you must first submit the applicable registration form ("Application") to Company for review and initial approval. Company reserves the right, in its sole discretion, to deny the Application of anyone at any time and for any reason, whatsoever.
Rejection & Termination.

Company may reject your Application and/or terminate your Account at any time and for any reason, in our sole discretion. Such reasons may include, without limitation where Company believes that you are: (a) in any way in breach of the Agreement; and (b) at any time, conducting any unauthorized commercial activity by and through your Account.
Description of the Services.

Subject to the terms and conditions of the Agreement, by submitting your Application on the Site for either a Free Plan or Enhanced Plan, and receiving approval from Company, you can obtain, or attempt to obtain, the Services, as provided by Company. The Services will enable: (a) you to store a certain number of computer files containing documents, images, videos and other information (collectively, "Cloud Files") in one location, with password protection to help secure the privacy of such data; and (b) you, and any other user that you authorize to access your Cloud Files ("Authorized Users"), to access your Cloud Files using your designated password and associated log-in information ("Cloud Log-In"). Free Plan Members shall be able to upload a maximum of 8GB of Cloud Files at any given time. 100GB Plan Members shall be able to upload a maximum of 100GB of Cloud Files at any given time. 200GB Plan Members shall be able to upload a maximum of 200GB of Cloud Files at any given time. If a Free Plan Member Account is inactive for a period of ninety (90) days or more, Company reserves the right to delete any or all of the Cloud Files associated with that Free Plan Member Account without notice.

Company does not represent or warrant that the Cloud Files and/or Cloud Log-Ins will be safe or secure from theft. Company will not be liable in any respect for lost, stolen or misdirected Cloud Files or Cloud Log-Ins, for any failure to secure or protect Cloud Files or Cloud Log-Ins and/or for failure to use the Services features properly. You should keep copies of all Cloud Files submitted to the Site by and through the Services.
Description of the Software.

Subject to the terms and conditions of the Agreement, by submitting your Application on the Site, and receiving approval from Company, you can download, or attempt to download, the Software on your PC; provided, however, that the Software will only function properly where your PC utilizes a Microsoft Windows operating system.

Functionality. For purposes of the Agreement, the term "Software" means all Company software applications, files, associated media, printed materials and/or electronic documentation that may be used in connection with the Software and/or other applications made available at the Site. In connection with downloading the Software, you will be installing a software program on your PC that will enable you to synch and distribute your Cloud Files to multiple Authorized User devices.

Updates/Bug Fixes. Company reserves the right (but is not obligated) to add additional features or functions to the existing Software, and to provide bug fixes, error corrections, patches, new releases or any other component not specified within the Agreement, from time to time. When installed on your PC, the Software periodically communicates with Company servers. Company may require the updating of the Software residing on your PC when Company releases a new version of the Software, or when Company makes new features available. This update may occur automatically or upon prior notice to you and may occur all at once or over multiple sessions, in Company' sole and absolute discretion. You understand that we may require your review and acceptance of our then-current Agreement before you will be permitted to use any subsequent versions of the Software. You acknowledge and agree that Company has no obligation to make any subsequent versions of the Software available to you, or to provide bug fixes, error corrections, patches, new releases or any other component not specified within the Agreement.

Third Party Software. ANY THIRD PARTY SOFTWARE, AS WELL AS ANY THIRD PARTY PROVIDED PLUG-INS, THAT MAY BE PROVIDED WITH THE SOFTWARE ARE MADE AVAILABLE FOR USE AT YOUR OPTION AND AT YOUR OWN RISK. IF YOU CHOOSE TO USE SUCH THIRD PARTY SOFTWARE, THEN SUCH USE SHALL BE GOVERNED BY SUCH THIRD PARTY'S LICENSING AGREEMENT(S), TERMS AND CONDITIONS AND PRIVACY PRACTICES. COMPANY IS NOT RESPONSIBLE FOR ANY THIRD PARTY SOFTWARE AND SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF, OR INABILITY TO USE, THIRD PARTY SOFTWARE.

Install/Uninstall. The Software requires your consent prior to installation. Company does not believe that users should be deceived into downloading or installing the Software. The Software can be completely uninstalled in a straightforward manner and without requiring undue effort or skill, in most cases by using the traditional "add/remove" programs function on your computer. Please be advised that in some instances, you may be required to restart your PC before all remnants of the Software are completely uninstalled and removed from your PC. For more detailed instructions on how to uninstall the Software, please review the uninstall instructions available on the Site or contact Customer Service.

If you experience any problems installing and/or uninstalling the Software, please contact us via e-mail at: , or click here.

THE SOFTWARE IS NOT SPYWARE OR ADWARE. THE SOFTWARE WILL NOT MONITOR HOW YOU USE YOUR PC, NOR WILL IT DELIVER ADVERTISEMENTS TO YOUR PC.

Software License Grant. Subject to the terms and conditions contained in the Agreement, upon becoming a Member, Company grants to you a non-exclusive, non-transferable and non-assignable license, for your own personal, end-use purposes only, to install and use the Software on one (1) PC where such PC is owned or leased by you.

Term of Software License. The license set forth above shall be in effect from the time you install the Software and shall remain in effect for so long as your Membership remains in good standing, unless this license is otherwise terminated. This license will terminate upon the conditions set forth in the Agreement, upon termination of your Membership for any reason or if you fail to comply with any term or condition of the Agreement. Company may terminate the Agreement for any reason with or without notice to you. You agree upon expiration or termination of the Agreement to immediately un-install the Software and destroy all copies of the Software in your possession and/or under your control.

License Restrictions. THE SOFTWARE IS LICENSED TO YOU, NOT SOLD. YOU MAY NOT SUBLICENSE, ASSIGN, RESELL, SHARE, PLEDGE, RENT OR TRANSFER ANY OF YOUR RIGHTS UNDER THE AGREEMENT IN RELATION TO THE SOFTWARE OR ANY PORTION THEREOF. EXCEPT AS EXPRESSLY PERMITTED BY COPYRIGHT LAWS, NO COPYING, REDISTRIBUTION, DISPLAYING, PERFORMING, REPRODUCING, LICENSING, TRANSFERRING OR PUBLICATION OF THE SOFTWARE IS PERMITTED WITHOUT THE EXPRESS PERMISSION OF COMPANY, WHICH CONSENT SHALL BE AT COMPANY'S SOLE AND ABSOLUTE DISCRETION. ANY SUCH COPY THAT IS MADE IS SUBJECT TO THE PROVISIONS OF THE AGREEMENT, AND ALL TITLES, TRADEMARKS, COPYRIGHT NOTICES AND OTHER LEGENDS SHALL BE REPRODUCED ON SUCH COPY. YOU MAY NOT MODIFY, TRANSLATE, REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR CREATE DERIVATIVE WORKS OF THE SOFTWARE OR OTHERWISE ATTEMPT TO: (A) DEFEAT, AVOID, BY-PASS, REMOVE, DEACTIVATE OR OTHERWISE CIRCUMVENT ANY PROTECTION MECHANISMS ASSOCIATED WITH THE SOFTWARE INCLUDING, WITHOUT LIMITATION, ANY SUCH MECHANISM USED TO RESTRICT OR CONTROL THE FUNCTIONALITY OF THE SOFTWARE; OR (B) DERIVE THE SOURCE CODE OR THE UNDERLYING IDEAS, ALGORITHMS, STRUCTURE OR ORGANIZATION FORM OF THE SOFTWARE.
Cloud Files.

As a Member, you agree that you are solely responsible for the Cloud Files uploaded by you via the Services, shared with your Authorized Users and for any and all subsequent uses of the Cloud Files by you, your Authorized Users or any third party that gains access to the Cloud Files by and through you and/or your Authorized Users. If you post Cloud Files, you represent and warrant that you have all necessary ownership or other rights in and to the Cloud Files enabling you to upload them via the Services, and make same available to your Authorized Users as intended. Without limiting the foregoing, you agree to use the Services, Software and Site in a manner consistent with any and all applicable laws and regulations. In connection with the Cloud Files, and your performance under the Agreement, you agree not to: (a) upload and/or share any Cloud Files that could be considered unlawful, harmful, threatening, defamatory, obscene, harassing or otherwise objectionable; (b) upload and/or share any Cloud Files that infringe upon the trademark, trade name, service mark, copyright, license or other intellectual property or proprietary right of any third party; (c) upload and share any Cloud Files that contain any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third person unless you have prior authorization from such third person; (d) upload and/or share any Cloud Files that contain any audio files, text, photographs, videos or other images containing confidential information without prior authorization; (e) express or imply that any statements you make are endorsed by Company, without our specific prior written consent; (f) harvest or collect personal information about end-users or other third parties, without their express consent; (g) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site, Services, Software or related content; (h) interfere with or disrupt the Services, Site, Software and/or the servers and/or networks connected to same; (i) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (j) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. "spamware"), services that send unsolicited advertisements, programs designed to initiate "denial of service" attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; (k) "frame" or "mirror" any part of the Site, Software and/or Services without our prior written authorization; (l) upload and/or share any Cloud Files that could be considered exploitative of children in any way, whatsoever; and/or (m) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site, Software and/or Services. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of your Account and access to the Services, Services and Site without notice, in the sole discretion of Company. Company reserves the right to pursue any and all legal remedies against Members that engage in the aforementioned prohibited conduct. Without limiting the foregoing, Company reserves the right to report any Cloud Files that could be considered exploitative of children in any way, whatsoever, to the National Center for Missing and Exploited Children's CyberTipline and any and all other applicable legal and regulatory bodies.
Copyright Infringement Notice.

Pursuant to 17 U.S.C. § 512, as amended by Title II of the Digital Millennium Copyright Act, Company reserves the right to: (a) terminate the Account of any Member who uses his or her Account privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so; and (b) remove the subject infringing content from the Site and/or Services. After proper notification by the copyright holder or its agent to Company and later confirmation through court order or an admission by the applicable Member that an Account has been an instrument of unlawful infringement, Company reserves the right to remove the infringing content from the Site and/or Services and terminate the infringing Member's Account and access to the Site, Software and/or Services. Company may also, in its sole discretion, decide to terminate a Member's Site, Software and/or Services privileges prior to that time if it has a good faith belief that infringement has occurred. In addition, pursuant to 17 U.S.C. § 512(c), Company has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. Company respects the intellectual property rights of others, and we ask our subscribers to do the same. If you believe that your copyright has been infringed through the use of the Services, Site, Software or otherwise, please contact Company using the form located here.
Deletion and Modification.

We reserve the right in our sole discretion to modify and/or delete any Cloud Files, documents, information or other material appearing on the Site or made available by and through the Services and/or Software.
Neutral Party.

Notwithstanding the foregoing, Company undertakes no responsibility to monitor or otherwise police the Cloud Files made available by Members. Company operates the Site, Software and Services as a neutral party, and Company does not regularly monitor, regulate or police the use of the Site, Software and/or Services by any of its Members. The use of the Site, Software and/or Services by a Member or otherwise does not constitute an endorsement by Company of that Member. Company is not responsible or liable for the acts, omissions, agreements, promises, content, Cloud Files, 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.
General License Grant.

As a user of the Site, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site and associated content in accordance with the Agreement. Company may terminate this license at any time for any reason. As a Member, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site, Services, Software and associated content in accordance with the Agreement. Company may terminate this license at any time for any reason. No part of the Site, Services, Software or associated content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. Systematic retrieval of content or other material from the Site, Software and/or Services by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company is prohibited. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Site, Services, Software or any portion thereof. Company reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, Software and/or Services. You may not take any action that imposes an unreasonable or disproportionately large load on Company infrastructure. Your right to use the Site, Services, Software and associated content is not transferable.
Proprietary Rights.

The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Site, Software and/or Services, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Site, Software and/or Services is strictly prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through the Site, Software and/or Services. The posting of information or material at the Site, or by and through the Software and/or Services, does not constitute a waiver of any right in or to such information and/or materials.
Export/Usage Restrictions.

You agree that the Software may not be transferred or exported into any other country, or used in any manner prohibited by U.S. or other applicable export laws and regulations. You agree to comply with all other applicable laws and regulations in connection with your use of the Site, Software and/or Services. The Site, Software and Services are subject to, and you agree that you shall at all times comply with, all local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to use of Site, Software and Services. You agree not to use the Site, Software and/or Services: (a) for any commercial purposes; or (b) to conduct any business or activity, or solicit the performance of any activity, which is prohibited by law or any contractual provision by which you are bound.
Representations and Warranties.

Member hereby represents and warrants to Company that: (a) the Agreement constitutes Member's legal, valid and binding obligation which is fully enforceable against Member in accordance with its terms; (b) the execution, delivery and performance by Member of the Agreement, as well as his/her Cloud Files and any use thereof, will not conflict with or violate: (i) any provision of law, rule or regulation to which Member is subject; (ii) any order, judgment or decree applicable to Member; or (iii) any agreement or other instrument applicable to Member; (c) Member's performance under the Agreement, his/her Cloud Files and any use thereof, will not: (i) invade the right of privacy or publicity of any third party; (ii) involve any libelous, obscene, indecent or otherwise unlawful material; (iii) violate any applicable law, rule, Federal Trade Commission implementing regulation and/or court order; and/or (iv) otherwise violate the prohibitions contained in Section 9 above; and (d) Member will be solely responsible for his/her Cloud Files and any use thereof.
Equipment.

You shall be responsible for obtaining and maintaining all telephone and computer hardware, and any and all other equipment needed for access to, and use of, the Site, Software and/or Services.
User Information.

All materials that you submit through or in association with the Site, Software and/or Services including, without limitation, the Registration Data, shall be subject to the Privacy Policy. For a copy of the Privacy Policy, please Click Here.
Indemnification.

You agree to indemnify and hold Company, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, shareholders, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Site, Software and/or Services; (b) your breach of the Agreement; (c) your Cloud Files; and/or (d) your violation of any rights of another individual and/or entity. The provisions of this Section 19 are for the benefit of Company, its parent, subsidiaries and corporate affiliates, and each of their respective members, officers, directors, employees, agents, shareholders, licensors and/or suppliers. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
Disclaimer of Warranties.

THE SITE, SERVICES AND/OR SOFTWARE, AS WELL AS ANY OTHER PRODUCT AND/OR SERVICE MADE AVAILABLE BY COMPANY, ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, COMPANY MAKES NO WARRANTY THAT: (A) THE SITE, SERVICES AND/OR SOFTWARE, AS WELL AS ANY OTHER PRODUCT AND/OR SERVICE MADE AVAILABLE BY COMPANY, WILL MEET YOUR REQUIREMENTS; (B) THE SITE, SERVICES AND/OR SOFTWARE, AS WELL AS ANY OTHER PRODUCT AND/OR SERVICE MADE AVAILABLE BY COMPANY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE CLOUD FILES AND CLOUD LOG-INS WILL BE SECURE FROM ALL INSTANCES OF THEFT; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES AND/OR SOFTWARE, AS WELL AS ANY OTHER PRODUCT AND/OR SERVICE MADE AVAILABLE BY COMPANY, WILL BE ACCURATE OR RELIABLE. THE SITE, SERVICES AND/OR SOFTWARE, AS WELL AS ANY OTHER PRODUCT AND/OR SERVICE MADE AVAILABLE BY COMPANY, MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SITE, SERVICES AND/OR SOFTWARE, OR THE HARDWARE AND/OR SOFTWARE NECESSARY TO ACCESS AND USE THE SITE, SERVICES AND/OR SOFTWARE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY, THE SITE, SERVICES AND/OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
Limitation of Liability.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, REGULATION, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE SITE, SERVICES AND/OR SOFTWARE, AS WELL AS ANY OTHER PRODUCT AND/OR SERVICE MADE AVAILABLE BY COMPANY; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM THE SITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE AND/OR SERVICES; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA, CLOUD FILES AND/OR CLOUD LOG-INS; (D) THE INABILITY TO QUALIFY FOR ACCESS TO THE SERVICES AND/OR SOFTWARE; AND (E) ANY OTHER MATTER RELATING TO THE SITE, SERVICES AND/OR SOFTWARE, AS WELL AS ANY OTHER PRODUCT AND/OR SERVICE MADE AVAILABLE BY COMPANY. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY AND MISREPRESENTATIONS. YOU HEREBY RELEASE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREUNDER. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF COMPANY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. THE SITE, SOFTWARE AND SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
Third Party Websites.

The Site, Software and/or Services may provide links to other Internet websites and/or resources. Because Company has no control over such third party websites and/or resources, you hereby acknowledge and agree that Company is not responsible for the availability or contents of such third party websites and/or associated resources. Furthermore, Company does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or such third party websites or resources, or for any damages and/or losses arising therefrom.
Legal Warning.

Any attempt by any individual or entity to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site, Software and/or Services, is a violation of criminal and civil law and Company will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
Dispute Resolution Provisions.

The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the Site, Services, Software, the terms and conditions of the Agreement or the breach of same by any party hereto, you may commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice to us which can be found at here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice ("Final Settlement Offer"). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, you can submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which is also available on the Site at here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys' fees that you incurred for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (a) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (b) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys' fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.

To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Company and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney's fees and court costs that Company incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement.
Miscellaneous.

Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and Company and governs your use of the Site, Software and Services. To the extent that anything in or associated with the Site, Software and/or Services is in conflict or inconsistent with these Terms and Conditions, these Terms and Conditions shall take precedence. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
Contact Us.

If you have any questions about the Agreement or about the practices of the Company, please feel free to contact us here.

MegaCloud™ Website Terms and Conditions and End-User License Agreement

Fees.

Cancellation.

Scope/Modification of Agreement.

Requirements.

Registration.

Rejection & Termination.

Description of the Services.

Description of the Software.

Cloud Files.

Copyright Infringement Notice.

Deletion and Modification.

Neutral Party.

General License Grant.

Proprietary Rights.

Export/Usage Restrictions.

Representations and Warranties.

Equipment.

User Information.

Indemnification.

Disclaimer of Warranties.

Limitation of Liability.

Third Party Websites.

Legal Warning.

Dispute Resolution Provisions.

Miscellaneous.

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