Terms of Service

Our Agreement

StreamCloud provides an online file hosting service (the "Service"). Our Service allows you to store and access files of all kinds online. You may also share your files with others, by providing them with a unique Internet address (a URL) that is automatically created for every file you store using the Service. These Terms of Service are an agreement between you and StreamCloud regarding your use of the StreamCloud Service. StreamCloud provides the Service subject to these Terms of Service. These Terms of Service may be revised from time to time. By using the Service, you agree to be bound and to abide by the most recent version of these Terms of Service. The Terms of Service were last updated on 31th day of January, year 2012. Some StreamCloud services and accounts have additional terms and conditions ("Additional Terms"). Where Additional Terms apply to a service or account, we will make them available for you to read through your use of that service or account. By using the services or account, you agree to be bound and to abide by the most recent version of Additional Terms. As used in these Terms of Service, “StreamCloud” means StreamCloud Corporation, and “user” means any user of the StreamCloud Service.

The StreamCloud Service

StreamCloud offers access to the main components of the Service free of charge. StreamCloud also provides certain Premium services, for which a subscription fee is charged. In addition, StreamCloud provides certain support services to Affiliates and Resellers. StreamCloud may change the Service at any time, with or without notice. Changes may result in the addition, elimination, or modification of any feature of the Service. StreamCloud may also stop providing the Service at any time. StreamCloud may, in its discretion, refuse to provide the Service to anyone for any legally permissible reason. StreamCloud may terminate any user’s account or access to the Service for: (1) violating these Terms of Service, the StreamCloud Privacy Policy, or any other StreamCloud policies, terms or conditions; (2) failure to pay for services or to discharge any other debt or obligation to StreamCloud; (3) if StreamCloud cannot establish authenticity of the information given by a user; (4) StreamCloud reasonably believes that actions of a user may result in legal liability for that user, other users of StreamCloud, or StreamCloud; or (5) for any other legally permissible reason. You agree that, except as otherwise be provided herein, StreamCloud is not responsible to you or any third party for the termination of your account or your access to the Service. You understand and agree that the Service is provided to you on an “as is” and “as available” basis. You understand and agree that StreamCloud will have no liability for the availability, timeliness, or reliability of the Service.

Conditions of Service

StreamCloud grants you permission to access and use the Service as set forth in these Terms of Service, and in exchange you agree as follows:
  1. You will abide by these Terms of Service, as well as StreamCloud’s Intellectual Property and Rights Policy and Privacy Policy.
  2. You will not use the Service for any illegal purpose, in any manner that is illegal, or in any other manner that could damage, disable, overburden or impair the Service;
  3. You will not defeat or interfere with any security feature of the Service;
  4. You will not alter or modify any content uploaded or stored using the Service, other than content you have uploaded;
  5. You will not use any automated system, software, or device to index, compile, collect or copy any content residing on servers used by the Service;
  6. You will not collect or harvest any personally identifiable information, including without limitation account names or e-mail addresses, from the Service; and
  7. You will not upload, store, share links to, or make available through the Service any material that contains software viruses or any other computer code designed to interfere with the functioning of any computer software or hardware or telecommunications equipment.
You understand and agree that StreamCloud may immediately terminate the account of, or suspend or terminate access to the Service by, a user that violates any of these prohibitions.

Your Use of the Service

You acknowledge and agree that you are solely responsible for the content that you upload, store or share with others using the Service (collectively "User Content"), and for the consequences of uploading, storing or sharing any User Content. You agree that you will not use the Service to upload, store, or share User Content that you did not create or that you do not have permission to upload, store, and share. You promise that you have all intellectual property rights (including without limitation copyright and trademark rights), licenses, and permissions that may be needed to upload, store, or share your User Content. By uploading, storing, or sharing any User Content, you promise that doing so does not infringe any intellectual property rights of another person. You agree that you will not use the Service or the Site to post, transmit, or share child pornography. The use of the Service or the Site to publish or transmit child pornography will not be tolerated. If identified, it will be reported to law enforcement authorities, and will result in termination of your account. You agree that you will not use the Service or the Site to post, transmit, or share User Content that is any of the following:
  1. - obscene;
  2. - defamatory
  3. - invasive of the privacy of another person
  4. - graphically violent or likely to incite imminent violence
  5. - advocating or promoting terrorism
  6. - offering or facilitating illegal sales of weapons
  7. - racist
  8. - physically threatening or intimidating
  9. - intended for any illegal purpose
By uploading, storing, or sharing User Content, you promise that it does not fall into any of these prohibited categories. You understand and agree that StreamCloud may immediately suspend access to, terminate or remove, without notice, any account or content that violates any of these prohibitions. You agree that you will comply with all applicable terms, conditions, and rules regarding the use of any website, forum, or service in or through which any link to content uploaded and stored using the Service is posted or distributed. You understand and agree that failure to do so may result in the suspension or termination of your account or of access to the Service. You understand that StreamCloud does not promise that User Content you upload, store, or share using the Service will be maintained by StreamCloud. You are solely responsible for creating backup copies of and replacing any and all User Content, at your own cost and expense. You agree that StreamCloud has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Content. StreamCloud retains the right to create and revise limits on use, storage, upload and download speeds, sharing, maximum number and duration of look-ups or downloads, and any other aspect of the Service, at its sole discretion and at any time, with or without notice.

Registration and Account Information

As part of the StreamCloud Service, you may choose to register with StreamCloud. To register, you must submit a valid e-mail address and create a user name and password. Registering allows you to upload using your account, and to delete uploads without having to save the deletion links generated for each upload. Registered users have access to our file manager feature, which allows you 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 Service, such as our FTP uploading and remote uploading. You will be required to register with StreamCloud in order to become a Member. streamcloud.eu. StreamCloud does not allow multiple accounts for one user. You agree not to register multiple accounts as a single user. You understand and agree that if StreamCloud determines that a single user has multiple accounts, those accounts may be terminated.

Rights to Content

Except for User Content, all content and components of the Service, including without limitation, the software, graphics, interactive features, trademarks, service marks, logos, and other content ("StreamCloud Materials") are owned by or licensed to StreamCloud. StreamCloud reserves all rights to the StreamCloud Materials not expressly granted to you by these Terms of Service. You may access and use the StreamCloud Materials as necessary to upload, store, or provide links to your User Content. You may not otherwise use, reproduce, distribute, or display any StreamCloud Materials. You may not alter or modify any StreamCloud Materials. By uploading, storing, or providing links to any file using the StreamCloud Service, you give StreamCloud permission to maintain that file on servers used by the Service, to permit access to the file to anyone using a link to it, and to make copies of the file as StreamCloud deems necessary to facilitate the Service. You retain any and all other rights to your User Content. StreamCloud will not reproduce, distribute, display or exploit any User Content except at your direction as part of the Service, or as StreamCloud otherwise deems necessary to comply with any legal obligation.

Inappropriate Content

StreamCloud will not routinely screen, monitor, review or revise User Content uploaded, stored, or shared using the Service. However, StreamCloud may review any such content, and StreamCloud reserves the right to refuse to accept, store, or permit the sharing of any User Content, to remove any User Content from the Service, and to prevent the uploading, storage, or sharing of any User Content. StreamCloud does not endorse or support any User Content. StreamCloud does not guarantee the accuracy or reliability of any User Content. StreamCloud does not guarantee that User Content does not infringe third party rights, including intellectual property rights. StreamCloud does not guarantee that User Content will not be harmful or offensive. StreamCloud does not guarantee that User Content will comply with these Terms of Service. You acknowledge that any use of or reliance on User Content obtained through the Service will be at your own risk. If you become aware of any User Content that you believe violates these Terms of Service, or that is otherwise objectionable, you may inform StreamCloud. If you believe that User Content violates copyright or trademark law, please submit a notice in accordance with StreamCloud’s here, or send it by e-mail to streamcloud.eu. StreamCloud may remove or disable access to the User Content if, in StreamCloud’s judgment, it is appropriate to do so. However, please understand that deciding whether User Content is objectionable often requires the exercise of judgment, and that StreamCloud is not legally responsible for content that it does not originate. StreamCloud reserves the right to access, review, preserve, and disclose any User Content, as it reasonably believes is necessary to do any of the following: (1) satisfy any applicable law, regulation, legal process or governmental request; (2) enforce these Terms of Service; (3) detect, prevent, or otherwise address fraud, security or technical issues; (4) respond to user support requests; or (5) protect the rights, property or safety of StreamCloud, its users and the public. You agree that StreamCloud will not be liable for exercising or failing to exercise any of these rights.

Limitation of Warranties

You understand and agree that your use of the service is at your risk. the service is provided on an "as is" and "as available" basis. streamcloud 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. streamcloud does not guarantee the accuracy, reliability, completeness, or timeliness of the service or of any content made available through the service. in particular, and without limitation, streamcloud gives no warranty or guarantee that: (1) the service will meet your requirements; (2) the service will be uninterrupted, timely, secure, or error-free; (3) the results that may be obtained from the use of the service will be accurate or reliable; (4) the quality of any products, services, information, or other material obtained by you through the service will meet your expectations; (5) any errors in the components or contents of the service will be corrected; or (6) that the service is free of viruses or other harmful components. you understand and agree that streamcloud will not be liable for any indirect, incidental, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, interest or appreciation, loss of goodwill, or harm to reputation, or for any intangible losses resulting from the use of or the inability to use the service or any data uploaded, stored or made available through the service, whether or not streamcloud has been advised of the possibility of such damages. in any event, you understand and agree that the maximum liability of streamcloud arising from or relating to your use of the service will not exceed the amount paid by you to streamcloud, or owed by streamcloud to you, pursuant to these terms of service and the other terms and conditions they incorporate. some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the limitations on liability and damages set forth above may not apply to you.

Rights to Content

You agree to hold harmless and indemnify StreamCloud, and its affiliates, officers, directors, employees, agents, and affiliates, from and against any third-party claim arising from or in any way related to your use of the 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. StreamCloud will make reasonable efforts to provide you with written notice of any such claim, suit or action, but the failure of StreamCloud to provide such notice will not relieve you of these obligations.