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Please carefully review the terms and conditions of use of the fatfile.com service set forth below.

These Terms of Service (the "Agreement") describe the terms and conditions under which Proactive, Inc., offers you a Fatfile.com account (the "Account") using the fatfile.com service (the "Service). By completing the registration process and clicking the "I Agree" box, you accept these Terms of Use and agree to be legally bound by all of the terms and conditions of this Agreement.

Proactive Inc. may amend or modify these terms and conditions without notice, effective immediately, by posting such terms and conditions on the fatfile.com Web site or by otherwise notifying you of such terms and conditions. Proactive Inc. reserves the right to discontinue, on a temporary or permanent basis, the Service (in whole or in part) without notice and without liability to the User. If you use the fatfile.com Service after we post changes to these terms and conditions, you accept the changed terms and conditions. Any amendments will be effective when posted or sent.

Accounts are not available to minors. By accepting these terms, you confirm that you are capable of entering into a binding agreement. You are responsible for paying any applicable taxes and for any hardware, software, service and other costs you incur to access your Account. You shall comply with all laws and regulations applicable to the use of your Account.

We provide the Account and data storage space based on your selections and the fees that you have paid. Files will be stored for 5 days from the date of upload. Your Account may not be used by any other person besides you, and you shall not share or otherwise disclose your Account Password to any other person.

We may terminate this Agreement immediately for (a) lack of payment, (b) you breach this Agreement, (c) you infringe the intellectual property rights of a third party, (d) we are unable to verify or authenticate any information you provide to us (at no time can users share username/password information). At our option, instead of termination, we may remove some or all of your content from our servers or otherwise suspend your access to your Account. Following termination, we may remove some or all of your information on our servers or elect to retain it, at our sole option.

With respect to any content you send or store through your Account:

4.1 You are responsible for all such content. However, we may take any action with respect to such content if we believe it may create liability for us or may cause us to lose (in whole or in part) the services of our ISPs or other suppliers.

4.2 Your content shall not: (a) infringe any third party's intellectual property or publicity/privacy rights; (b) violate any law or regulation; (c) be defamatory, obscene, child pornographic or harmful to minors; or (d) contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You may not distribute unsolicited commercial messages through your Account or impose an unreasonable or disproportionately large load on our infrastructure. Please note that we may use software filters that restrict or delete files you attempt to send or receive.

4.3 You hereby grant to us worldwide, perpetual, irrevocable, royalty-free, sublicense able (through multiple tiers) right to exercise all intellectual property rights, with respect to any content you publish through your Account, that we need to perform our services.

Due to the existing legal and technical environment of the Internet, we cannot ensure that all of your private communications and other personally identifiable information will not be unexpectedly disclosed. By way of example (without limiting the foregoing), we may be forced to disclose your private communications to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Further, we can (and you authorize us to) disclose any information about you or private communications by you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate.

If a User or visitor to fatfile.com believes its copyright, trademark or other property rights have been violated by a posting on fatfile.com, the User or visitor should send notification to contact fatfile.com immediately. To be effective, the notification must include:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed,

Identification of the copyrighted work claimed to have been infringed, or, if multiple allegedly infringed works at a single on line site are covered by a single notification, a representative list of such works at that site,

Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material,

Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted,

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law,

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Or contact us via postal mail or fax:

Proactive Inc.
148 West 17th Street
Suite 2B
New York, NY 10011.
Fax: (888) 877-3453

Proactive Inc. will then take appropriate remedial action, which may include the removal of said infringing material or items, from fatfile.com. Please make all notifications of alleged infringements promptly and allow fatfile.com at least 48 hours to review, and if appropriate, remove the infringing materials or items.

Fatfile.com is not responsible for material that is copied from the User's file area. For the User's protection. fatfile.com advises the User to obtain a copyright registration or other relevant protection for any and all material and items uploaded to the User's area. (See http://www.loc.gov/copyright/)

The User will select a password upon completing registration. The User is responsible for maintaining the confidentiality of the password and for all activities in connection with the User's password. User must immediately notify fatfile.com of any unauthorized use of the User's password or any other breach of security.

We will not rent or sell your name, address, email address, credit card information, corporate account information or personal information to any third party without your permission. To keep you informed about our latest offers, we may notify you of current promotions, specials and new additions to the fatfile.com Web site. You may unsubscribe from our newsletters by following the unsubscribe instructions in any email you receive from us. Proactive Inc., or its related entites, could merge with or be acquired by another business entity, or all or substantially all of their respective assets could be acquired. Should such a combination, acquisition or transaction occur, you should expect that fatfile.com would share some or all of your personal information with the acquiring or merged entity to continue serving you and other users of the Site.

WE PROVIDE YOUR ACCOUNT AND OUR SERVICES "AS IS." OUR SUPPLIERS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. We do not warrant or ensure timely, secure, error free or virus free delivery of content. You understand that our services may be unavailable for extended periods of time, and we do not warrant or ensure the continuous availability of our services. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.

You may register an account as a corporate account. A corporate account allows the administrateor of that account to invite other user to the corporate account and allows others with access to the account and the corporate account ID to use transfers bought by you as the administrator of that account. ALLOWING ACCESS AND USE OF A CORPORATE ACCOUNT IS SOLELY THE RESPONSIBILITY OF THE CORPORATE ACCOUNT ADMIN. YOU ACKNOWLEDGE THAT AS A CORPORATE ACCOUNT ADMIN YOU ARE SOLELY RESPOSIBLE FOR MAINTAINING THE LIST OF USERS AND TO KEEP YOUR CORPORATE ACCOUNT ID FROM ANYONE NOT AUTHORIZED TO USE THE ACCOUNT. FATFILE WILL NOT BE RESPONSIBLE FOR ANY UNAUTHORIZED USE OF YOUR CORPORATE ACCOUNT OR FOR ANY COST INCURRED BY YOU FROM UNAUTHORIZED USE. YOU ACKNOWLEDGE THAT YOU WILL BE RESPONSIBLE FOR THE USE, COST AND MAINTENANCE OF YOUR CORPORATE ACCOUNT AND THAT YOU WILL IMMEDIATELY WILL CHANGE YOUR CORPORATE ACCOUNT ID AND REMOVE USERS IF YOU SUSPECT UNAUTHORIZED USE.

If you request that your corporate account be closed while still containing transfers you agree to pay a 25% return fee calculated on the remaining transfers in your account.

IN NO EVENT SHALL OUR SUPPLIERS OR WE BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH YOUR ACCOUNT OR THIS AGREEMENT. OUR LIABILITY TO YOU OR ANY THIRD PARTIES IS LIMITED TO $50. Some states do not allow the foregoing limitations of liability, so they may not apply to you.

Parental control protections (such as computer hardware, software or filtering services) that are commercially available may assist you in limiting access to material that is harmful to minors. If you are interested in learning about these protections, information may be obtained from http://www.worldvillage.com/wv/school/html/control.htm or similar sites.

The services hereunder are offered by Proactive, Inc. located in New York, NY. Inquiries or suggestions can be forwarded to suggestions@fatfile.com. All such inquiries and suggestions are reviewed and responded to by Proactive, Inc..

This Agreement is governed in all respects by the laws of New York, NY as such laws are applied to agreements entered into and to be performed entirely within the District of New York, between District residents.

Both parties submit to personal jurisdiction in New York, NY and further agree that any cause of action relating to this Agreement shall be brought in a court in the New York, NY. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond our control. You consent to us sending you emails, as we deem necessary. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.

Privacy Policy Terms of Use
© 2005 Proactive, Inc. All rights reserved.

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