Terms of Service
The terms and conditions (the “Terms”) apply to your access and use of the online file storage and sharing service (the “Service”) provided by wupfile. The Terms do not alter in any way the terms or conditions of any other agreement you may have with wupfile.com for the Service (or any part thereof). If you are using the Service on behalf of an entity, you represent and warrant that you are authorized to accept the Terms on such entity’s behalf, and that such entity agrees to indemnify you and wupfile.com for violations of the Terms.
We reserve the right to change or modify any of the terms and conditions contained in the Terms or any policy or guideline of the Service, at any time and in our sole discretion. Any changes or modifications will be effective immediately upon the posting of such revisions on our website located at http://www.wupfile.com (the “Site”), and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Service (or any portion thereof) following the posting of changes or modifications will confirm your acceptance of such changes or modifications on the Site. Therefore, you should frequently review the Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Service. If you do not agree with all of the terms and conditions of the amended Terms, you must stop using the Service.
If you have any questions regarding the use of the Service, please email us at support@wupfile.com.
Customer data and the service
The data, information, files, photos and other content that you provide to wupfile.com when you use the Service and any comments you post to the blog sections of the Site is referred, in the Terms, to as “Customer Data”.
wupfile.com is a cloud service which provides the users with the convenience of accessing their data from any location and the security of additional back-up for such data. We provide free and premium subscription services. Review the features of the types of subscription services for their detailed comparison.
Privacy policy
Please refer to our Privacy Policy for information on how we collect, use and disclose personally identifiable information from our users.
Registration data
You agree to: (i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms made available via the Service (“Registration Data”); (ii) maintain and promptly update the Registration Data, and any other information you provide to wupfile.com, in order to keep it accurate, current and complete; and (iii) accept all risk of unauthorized access to the Registration Data and any other information you provide to wupfile.com.
Grants and restrictions
Subject to the terms and conditions of the terms, wupfile.com grants to you a non-exclusive, non-transferable and revocable right to access and use the Service.
Unless expressly set forth in the Terms, you will not, and will not allow any third party to: (i) disclose to any third party any performance information or analysis relating to the Service; (ii) use any data mining, robots or similar data gathering or extraction methods with respect to the Site or the Service; (iii) download (other than the page caching) any portion of the Site (including, but not limited to, any materials contained in the Site); and (iii) use of the Site, the materials contained in the Site or the Service other than for its intended purpose.
Ownership
As between wupfile.com and you and subject to the grants in the Terms, wupfile.com will own all right, title and interest in and to: (i) the Service; (ii) any work product developed by wupfile.com as a result of the performance of the Service; and (iii) any and all Intellectual Property Rights embodied therein. For the purpose of the Terms, “Intellectual Property Rights” means all patents, copyrights, moral rights, trademarks, trade secrets and any other form of intellectual property rights recognized in any jurisdiction, including applications and registrations for any of the foregoing.
Obligations
You must use reasonable security precautions in connection with your use of the Service. You must comply with the Laws (as defined below) with respect to your use of the Service. You must cooperate with wupfile.com’s reasonable investigation of Service downtime/outages, security problems and any suspected breach of the Terms. For the purposed of the Terms, “Laws” means federal, national, state, provincial, municipal and local laws, regulations, rules, judicial decrees, decisions and judgments in each and every jurisdiction applicable to you, wupfile.com, the subject matter of the Terms and/or the Service.
You represent and warrant that: (i) all Customer Data (as defined below) is either your sole property or has been collected by you from a third party in accordance with your privacy guidelines; (ii) your privacy guidelines comply with all applicable Laws; and (iii) you have obtained all consents required by the applicable Laws to transfer all of the Customer Data to wupfile.com for storage by wupfile.com within the United States or other countries.
wupfile.com is not responsible to you for unauthorized access to Customer Data or the unauthorized use of the Service. You are responsible for: (i) the use of the Service by any of your employees or any person to whom you have given access to the Service; and (ii) any person who gains access to Customer Data or the Service as a result of your failure to use reasonable security precautions (even if such use was not authorized by you).
Notwithstanding any terms to the contrary in the Terms, wupfile.com may disclose Customer Data: (i) as required by any applicable Laws; or (ii) in response to a subpoena or other compulsory legal process.
Hosting service is not allowed
You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Service any of the following:
• Customer Data that is libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, violent, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;
• Customer Data that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual property right or other right of any party;
• Customer Data that is illegal or unlawful, that would constitute, encourage or provide instructions for a criminal offense, or otherwise create liability or violate any local, state, national or international law;
• Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on the Service without wupfile.com's express written consent. You further agree that you are solely responsible for your conduct while using the Service, and you agree that you will not do any of the following in connection with the Service or the users of the Service;
• Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service in any manner;
• Use the Service for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates the Terms or any other rules or polices established from time-to-time by wupfile.com;
• Create an account, post any content, or otherwise use the Service if you are not, at least, 18 years of age;
• Modify, adapt, hack or emulate the Service;
• Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Service or users of the Service or third- parties; and
• Infringe upon or violate the rights of wupfile.com, its users or any third-party. wupfile.com takes no responsibility and assumes no liability for any user conduct or for any Customer Data posted, stored or made available via the Service or the Site, nor is wupfile.com liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
Your use of the Service and the Site is at your own risk. Enforcement of the Customer Data and conduct rules set forth in the Terms is solely at wupfile.com's discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third-party or any reasonable expectation that the Service will not contain any content that is prohibited by such rules.
Fair Use policy
You do agree with the fact that registered users and users with no account have the ability to download files at speeds not exceeding 300 kilobits per second, no more than 3 files per day and no more than 2 files per hour. The maximum size of downloadable files for registered users and users with no account is 300 MB. The interval between sessions of the download must be at least 15 minutes. Premium users accounts have limitations depending on subscription package, maximum size of downloadable files: 5 GB.
You agree that the maximum size of files uploaded to the service are 2 GB for regular users and 5 GB for files uploaded by Premium account holders and for users uploading files using the ftp protocol.
It is prohibited to use your premium account for debrid services or share your account login and password with other customers. You agree that in case if you share your login and password information with other customers or use your account as part of debrid service, your account can be blocked without any refund and we reserve the right to block access to our servers from your network for violation of our Terms. You agree that you will not ask for refund or any compensation in such cases.
Premium Accounts
You can add bandwidth and your storage space to your account (turning your account into a "Premium Account"). We'll automatically bill you from the date you buy a Premium Account and on each periodic renewal until cancellation. You're responsible for all applicable taxes, and we'll charge tax when required to do so.
You may cancel your Premium Account at any time in your profile section. It will also cancel auto prolongation of your account. Refunds are only issued if you not started to use your account. If you uploaded a file or used download bandwidth, we can't provide refund.
Your Premium Account will remain active until it's cancelled or terminated under these Terms. If you don't pay for your Premium Account on time, or your card is declined we reserve the right to cancel it and reduce download speed and your storage to free account.
We may change the premium account prices at any time but will give you advance notice of these changes via a personal message to the email address associated with your account or via internal communication on our website.
Third party content
wupfile.com may provide third party content on the Service or the Site and may provide links to website and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. wupfile.com does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content including, but not limited to, its accuracy or completeness. You acknowledge and agree that wupfile.com is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk. This provision will survive the use of the Service.
Advertisements
wupfile.com may run advertisements and promotions from third-parties via the Service or the Site or may otherwise provide information about or links to third-party products or services via the Service or the Site. Your business dealings or correspondence with, or participation in promotions of, such third-parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third-party. wupfile.com is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-wupfile.com advertisers or third-party information accessible via the Service or the Site.
Termination
You may cease using the Service at any time. wupfile.com may terminate your use of the Service if wupfile.com reasonably believes you have breached any of the Terms.
Repeat infringer policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, wupfile.com has adopted a policy of terminating, in appropriate circumstances and at wupfile.com's sole discretion, subscribers or account holders who are deemed to be repeat infringers. wupfile.com may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any Intellectual Property Rights of others, whether or not there is any repeat infringement.
Questions?
If you have any questions about the Terms, please contact us at support@wupfile.com
We reserve the right to change or modify any of the terms and conditions contained in the Terms or any policy or guideline of the Service, at any time and in our sole discretion. Any changes or modifications will be effective immediately upon the posting of such revisions on our website located at http://www.wupfile.com (the “Site”), and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Service (or any portion thereof) following the posting of changes or modifications will confirm your acceptance of such changes or modifications on the Site. Therefore, you should frequently review the Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Service. If you do not agree with all of the terms and conditions of the amended Terms, you must stop using the Service.
If you have any questions regarding the use of the Service, please email us at support@wupfile.com.
Customer data and the service
The data, information, files, photos and other content that you provide to wupfile.com when you use the Service and any comments you post to the blog sections of the Site is referred, in the Terms, to as “Customer Data”.
wupfile.com is a cloud service which provides the users with the convenience of accessing their data from any location and the security of additional back-up for such data. We provide free and premium subscription services. Review the features of the types of subscription services for their detailed comparison.
Privacy policy
Please refer to our Privacy Policy for information on how we collect, use and disclose personally identifiable information from our users.
Registration data
You agree to: (i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms made available via the Service (“Registration Data”); (ii) maintain and promptly update the Registration Data, and any other information you provide to wupfile.com, in order to keep it accurate, current and complete; and (iii) accept all risk of unauthorized access to the Registration Data and any other information you provide to wupfile.com.
Grants and restrictions
Subject to the terms and conditions of the terms, wupfile.com grants to you a non-exclusive, non-transferable and revocable right to access and use the Service.
Unless expressly set forth in the Terms, you will not, and will not allow any third party to: (i) disclose to any third party any performance information or analysis relating to the Service; (ii) use any data mining, robots or similar data gathering or extraction methods with respect to the Site or the Service; (iii) download (other than the page caching) any portion of the Site (including, but not limited to, any materials contained in the Site); and (iii) use of the Site, the materials contained in the Site or the Service other than for its intended purpose.
Ownership
As between wupfile.com and you and subject to the grants in the Terms, wupfile.com will own all right, title and interest in and to: (i) the Service; (ii) any work product developed by wupfile.com as a result of the performance of the Service; and (iii) any and all Intellectual Property Rights embodied therein. For the purpose of the Terms, “Intellectual Property Rights” means all patents, copyrights, moral rights, trademarks, trade secrets and any other form of intellectual property rights recognized in any jurisdiction, including applications and registrations for any of the foregoing.
Obligations
You must use reasonable security precautions in connection with your use of the Service. You must comply with the Laws (as defined below) with respect to your use of the Service. You must cooperate with wupfile.com’s reasonable investigation of Service downtime/outages, security problems and any suspected breach of the Terms. For the purposed of the Terms, “Laws” means federal, national, state, provincial, municipal and local laws, regulations, rules, judicial decrees, decisions and judgments in each and every jurisdiction applicable to you, wupfile.com, the subject matter of the Terms and/or the Service.
You represent and warrant that: (i) all Customer Data (as defined below) is either your sole property or has been collected by you from a third party in accordance with your privacy guidelines; (ii) your privacy guidelines comply with all applicable Laws; and (iii) you have obtained all consents required by the applicable Laws to transfer all of the Customer Data to wupfile.com for storage by wupfile.com within the United States or other countries.
wupfile.com is not responsible to you for unauthorized access to Customer Data or the unauthorized use of the Service. You are responsible for: (i) the use of the Service by any of your employees or any person to whom you have given access to the Service; and (ii) any person who gains access to Customer Data or the Service as a result of your failure to use reasonable security precautions (even if such use was not authorized by you).
Notwithstanding any terms to the contrary in the Terms, wupfile.com may disclose Customer Data: (i) as required by any applicable Laws; or (ii) in response to a subpoena or other compulsory legal process.
Hosting service is not allowed
You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Service any of the following:
• Customer Data that is libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, violent, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable;
• Customer Data that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual property right or other right of any party;
• Customer Data that is illegal or unlawful, that would constitute, encourage or provide instructions for a criminal offense, or otherwise create liability or violate any local, state, national or international law;
• Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on the Service without wupfile.com's express written consent. You further agree that you are solely responsible for your conduct while using the Service, and you agree that you will not do any of the following in connection with the Service or the users of the Service;
• Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service in any manner;
• Use the Service for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates the Terms or any other rules or polices established from time-to-time by wupfile.com;
• Create an account, post any content, or otherwise use the Service if you are not, at least, 18 years of age;
• Modify, adapt, hack or emulate the Service;
• Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Service or users of the Service or third- parties; and
• Infringe upon or violate the rights of wupfile.com, its users or any third-party. wupfile.com takes no responsibility and assumes no liability for any user conduct or for any Customer Data posted, stored or made available via the Service or the Site, nor is wupfile.com liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
Your use of the Service and the Site is at your own risk. Enforcement of the Customer Data and conduct rules set forth in the Terms is solely at wupfile.com's discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third-party or any reasonable expectation that the Service will not contain any content that is prohibited by such rules.
Fair Use policy
You do agree with the fact that registered users and users with no account have the ability to download files at speeds not exceeding 300 kilobits per second, no more than 3 files per day and no more than 2 files per hour. The maximum size of downloadable files for registered users and users with no account is 300 MB. The interval between sessions of the download must be at least 15 minutes. Premium users accounts have limitations depending on subscription package, maximum size of downloadable files: 5 GB.
You agree that the maximum size of files uploaded to the service are 2 GB for regular users and 5 GB for files uploaded by Premium account holders and for users uploading files using the ftp protocol.
It is prohibited to use your premium account for debrid services or share your account login and password with other customers. You agree that in case if you share your login and password information with other customers or use your account as part of debrid service, your account can be blocked without any refund and we reserve the right to block access to our servers from your network for violation of our Terms. You agree that you will not ask for refund or any compensation in such cases.
Premium Accounts
You can add bandwidth and your storage space to your account (turning your account into a "Premium Account"). We'll automatically bill you from the date you buy a Premium Account and on each periodic renewal until cancellation. You're responsible for all applicable taxes, and we'll charge tax when required to do so.
You may cancel your Premium Account at any time in your profile section. It will also cancel auto prolongation of your account. Refunds are only issued if you not started to use your account. If you uploaded a file or used download bandwidth, we can't provide refund.
Your Premium Account will remain active until it's cancelled or terminated under these Terms. If you don't pay for your Premium Account on time, or your card is declined we reserve the right to cancel it and reduce download speed and your storage to free account.
We may change the premium account prices at any time but will give you advance notice of these changes via a personal message to the email address associated with your account or via internal communication on our website.
Third party content
wupfile.com may provide third party content on the Service or the Site and may provide links to website and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. wupfile.com does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content including, but not limited to, its accuracy or completeness. You acknowledge and agree that wupfile.com is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk. This provision will survive the use of the Service.
Advertisements
wupfile.com may run advertisements and promotions from third-parties via the Service or the Site or may otherwise provide information about or links to third-party products or services via the Service or the Site. Your business dealings or correspondence with, or participation in promotions of, such third-parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third-party. wupfile.com is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-wupfile.com advertisers or third-party information accessible via the Service or the Site.
Termination
You may cease using the Service at any time. wupfile.com may terminate your use of the Service if wupfile.com reasonably believes you have breached any of the Terms.
Repeat infringer policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, wupfile.com has adopted a policy of terminating, in appropriate circumstances and at wupfile.com's sole discretion, subscribers or account holders who are deemed to be repeat infringers. wupfile.com may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any Intellectual Property Rights of others, whether or not there is any repeat infringement.
Questions?
If you have any questions about the Terms, please contact us at support@wupfile.com