MediaFire Terms of Service

ARCHIVED 2012-06-07, DATE APPROXIMATE · VERSION 20120607_rev01 · COMPARED WITH 20120301_rev01

Full text changes — 20120301_rev01 to 20120607_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

41	41	ALL REFUND REQUESTS are handled on a case-by-case basis. If you feel you are due a refund, contact MediaFire by email at .
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43	43	Authorized Resellers:
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45	45	MediaFire has an Authorized Reseller Program to provide users an alternate means of purchasing MediaFire Services. These Authorized Resellers are not employees of MediaFire and do not conclude any contracts on behalf of MediaFire. Users who purchase MediaFire Services through an Authorized Reseller are still bound by and subject to the MediaFire Agreement. A list of Authorized Resellers can be viewed at [http://www.mediafire.com/resellers/](https://mediafire.com/resellers/). Users should NOT purchase MediaFire Services from any third party not listed as an Authorized Reseller on our website. MediaFire Services cannot be activated if purchased outside the scope of this program or from MediaFire itself.
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47		The Authorized Resellers purchase MediaFire Services in increments available only to resellers and offer the MediaFire Services to users for purchase. The purchase transaction itself is a contractual relationship solely between their Authorized Reseller and the user who purchased MediaFire Services from them. MediaFire is not responsible for Authorized Reseller billing questions or concerns, therefore, PURCHASE AND BILLING QUESTIONS SHOULD BE DIRECTED TO THE AUTHORIZED RESELLER. Services normally provided by MediaFire for MediaFire users, including, but not limited to, technical support, will still be provided by MediaFire Customer Support. Concerns or complaints about an Authorized Reseller should be emailed to .
	47	The Authorized Resellers purchase MediaFire Services in increments available only to resellers and offer the MediaFire Services to users for purchase. The purchase transaction itself is a contractual relationship solely between their Authorized Reseller and the user who purchased MediaFire Services from them. MediaFire is not responsible for Authorized Reseller billing questions or concerns, therefore, PURCHASE AND BILLING QUESTIONS SHOULD BE DIRECTED TO THE AUTHORIZED RESELLER. Services normally provided by MediaFire for MediaFire users, including, but not limited to, technical support, will still be provided by MediaFire Customer Support. Concerns or complaints about an Authorized Reseller should be [reported to our support department](https://mediafire.com/support/submit_ticket.php).
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49	49	### General Use of the Service, Permissions and Restrictions
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51	51	You agree while using MediaFire Services, that you may not:
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53	53	Alter or modify any part of the Services;
115	115	### Account Termination Policy
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117	117	Anyone using MediaFire Services must comply with the MediaFire Agreement and Privacy Policy. Anyone, including business entities, not in compliance may be removed and banned from the Services without prior notice. MediaFire reserves the right to terminate your access to any and/or all parts of the Services at any time for any reason without prior notice or liability. The terms of the Agreement and Privacy Policy shall survive any termination of your access to the Services.
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119	119	When MediaFire removes Content for policy violations, the user who posted the Content may receive a _strike_. The user is notified of the violation via email. Repeated policy violations may result in account termination.
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121		MediaFire reserves the right to determine what is harmful to its users, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the Services. Complaints about violators of our policies should be sent to . Each complaint will be investigated and appropriate action will be taken.
	121	MediaFire reserves the right to determine what is harmful to its users, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the Services. Complaints about violators of our policies should be [submitted to our support department](https://mediafire.com/support/submit_ticket.php). Each complaint will be investigated and appropriate action will be taken.
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123	123	### DMCA: Digital Millennium Copyright Act
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125		If your copyrighted or trademarked works are being distributed through the Services without your permission, please contact describing the work that has been infringed, where it is located on the website, and provide your contact information and a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the owner, or authorized by the owner, of the copyrighted or trademarked work. Valid requests will be serviced after notice with sufficient information.
	125	If your copyrighted or trademarked works are being distributed through the Services without your permission, please [submit a ticket to our support department](https://mediafire.com/support/submit_ticket.php), and describe the work that has been infringed, where it is located on the website, and provide your contact information and a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the owner, or authorized by the owner, of the copyrighted or trademarked work. Valid requests will be serviced after notice with sufficient information.
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127	127	For more information, please see [Copyright](https://mediafire.com/copyright/copyright.php).
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129	129	### Warranty Disclaimer
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131	131	YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, MEDIAFIRE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.
167	167	These Terms of Service, together with the Privacy Policy and any other legal notices published by MediaFire on the Services, the Agreement, constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of the Agreement and any additional terms and conditions posted on the Services, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. If any provision of the Agreement is held invalid, illegal or unenforceable in any respect, (i) such provision shall be interpreted in such a manner as to preserve, to the maximum extent possible, the intent of the parties, (ii) the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and (iii) such decision shall not affect the validity, legality or enforceability of such provision under other circumstances.
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169	169	No failure in delay in exercising or enforcing this policy shall constitute a waiver of the Agreement or any other right or remedy. If any provision of the Agreement is deemed unenforceable due to law or change in law, such a provision shall be disregarded and the balance of the Agreement shall remain in effect.
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171	171	YOU AND MEDIAFIRE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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173		Please e-mail reports of any violations to
	173	Please submit reports of any violations to [our support department](https://mediafire.com/support/submit_ticket.php).
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175	175	Dated: November 8, 2011