PLEASE COMPLETELY READ THESE TERMS OF USE BEFORE USING THIS SITE.

By using this site, you signify your agreement to these terms of use. If you do not agree to these terms of use, please do not use the site. 35mb.com reserves the right, at its discretion, to add, change, modify, or remove portions of these terms at any time. Please check these terms regularly for changes. Your continued use of 35mb.com following the posting of any changes to these terms will mean you accept those changes.

By using this site you expressly agree that use of 35mb.com is at your sole risk. Neither 35mb.com, nor its affiliates, nor any of its officers directors, or employees, agents, third-party content providers, licensers, sponsors, merchants, or the like, warrant that 35mb.com will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of 35mb.com and its services, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through 35mb.com.

DISCLAIMER

35mb.com is provided on an "as is," "as available" basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. No oral advice or written information given by 35mb.com nor its affiliates, nor any of its officers, directors, employees, agents, providers, merchants, sponsors, licensers, or the like, shall create a warranty; nor shall you rely on any such information or advice.

Under no circumstances shall 35mb.com or any other party involved in creating, producing, or distributing 35mb.com be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use 35mb.com, including but not limited to reliance by you on any information obtained from 35mb.com or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to 35mb.com's records, programs, or services. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through 35mb.com. Due to the fact that some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.

Information on this web site may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. 35mb.com may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.

35mb.com does not want to receive confidential or proprietary information from you through our web site or e-mail addresses. Please note that any information or material sent to 35mb.com or any of its related sites, services, or e-mail addresses will be deemed NOT to be confidential. By sending 35mb.com any information or material, you grant 35mb.com an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that 35mb.com is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.

35mb.com makes no representations whatsoever about any other web site which you may access through this one. When you access a non-35mb.com web site, please understand that it is independent from 35mb.com, and that 35mb.com has no control over the content on that web site. In addition, a link to a non-35mb.com web site does not mean that 35mb.com endorse or warrants in any way whatsoever or accepts any responsibility for the content, or the use, of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, trojan horses and other items of a destructive nature. By using a hyperlink on the 35mb.com web site you agree to accept full responsibility for use of the hyperlink.

LIMITATION OF LIABILITY

Under no circumstances whatsoever shall 35mb.com be liable for any loss of data, lost profits or any damages including, without limitation, any indirect, special, incidental, consequential or other damages that result from the use of, or inability to use, the materials in this site, even if 35mb.com or a 35mb.com authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. Notwithstanding the foregoing, in no event shall 35mb.com's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence) or otherwise) exceed the amount paid by you, if any, for accessing this site or any of its products or services. By using this site you agree to hold 35mb.com harmless in all capacities to the fullest extent allowable by law.

CONTENT PROPRIETARY RIGHTS

You("User") acknowlege that 35mb.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and 35mb.com owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, User may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the US copyright laws (see e.g. 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.

THIRD PARTY CONTENT

35mb.com has no editorial control over third party content. Any opinions, advice, statements, services, offers, or other information that constitutes part of content expressed or made available by third parties, including providers, merchants, sponsors, licensers, or any other user of 35mb.com, are those of the respective authors or distributors and not of 35mb.com or its affiliates or any of its officers, directors, employees, or agents. Neither 35mb.com nor its affiliates, nor any of its officers, directors, employees, or agents, nor any third party, including any provider, merchant, sponsor, licenser, or any other user of 35mb.com, guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through 35mb.com represents the opinions and judgments of the respective provider, merchant, sponsor, licenser, or user not under contract with 35mb.com.

35mb.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on 35mb.com by anyone other than authorized 35mb.com employees. Under no circumstances shall 35mb.com, or its affiliates, or any of its officers, directors, employees, or agents be liable for any loss or damage caused by a user's reliance on information obtained through 35mb.com. It is the responsibility of user to evaluate the information, opinion, advice, or other content available through 35mb.com.

DISTRIBUTION OF THIRD PARTY CONTENT

Except as set forth in CONTENT PROPRIETARY RIGHTS above, you may upload to or otherwise distribute on 35mb.com only Content that is not subject to any copyright or other proprietary rights protection (collectively, "Public Content"), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the you to criminal prosecution as well as personal liability for damages in a civil suit. You, not 35mb.com, nor its affiliates, nor any of its officers, directors, employees, agents, Merchants, Providers, Sponsors, Licensers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. By submitting Content to any User-submit areas, User automatically grants, or warrants that the owner of such Content has expressly granted 35mb.com the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User's personal use. Subject to this grant, the owner of Content placed on 35mb.com retains any and all rights which may exist in such Content.

35mb.com's RIGHTS

35mb.com's rights include but are not limited to the below paragraphs. 35mb.com may elect to monitor any areas of the site or any of its services and may disclose any content, records, or electronic communication of any kind to satisfy any law, regulation, or government request or if such disclosure is necessary or appropriate to operate 35mb.com or to protect the rights or property of 35mb.com, its visitors, sponsors, providers, licensers, or merchants.

35mb.com is not responsible in any way whatsoever for screening, policing, editing, or monitoring such content. If notified of allegedly infringing, defamatory, damaging, illegal, or offensive content, 35mb.com may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from 35mb.com.

35mb.com reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual users, 35mb.com, or any rights of 35mb.com or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither 35mb.com nor its providers, merchants, sponsors, or licensers can ensure prompt editing or removal of questionable content after online posting. Accordingly, neither 35mb.com, nor its affiliates, nor any of its officers, directors, employees, or agents, nor provider, merchant, sponsor, or licenser shall assume liability for any action or inaction with respect to conduct communication, or content on 35mb.com.

Limitations

1. Limitations. The Service is subject to the following limitations:
1. Hits/Traffic. Your account must get at least 1 Download per Week. This is enforced automatically by our scripts, if you do not get any downloads within any 7 day period your account will be automatically deleted. We will send you an email warning 24 hours before.
2. Traffic Origin. No more then 40% of your visitors may be located outside of the United States. International traffic will not be counted towards any rewards offered by 35mb.com including the 1MB free space offer. 35mb.com reserves the right to limit or deny international traffic to your account should your international traffic exceed 40% of your total traffic.
3. Reselling. All features of your account are to be used by the account holder only and not redistributed to the internet community. You may not give out your FTP or account login password to anyone! Nor may you give out your password for the purpose of public uploads or download. You may not sub host/resell or run your own web hosting provider on our servers, this includes providing an account or website to persons who were rejected by our account signup script or banned from creating accounts for any reason.
4. User shall not upload files containing any of the following:
1. any infringement of copyright, trademark, patent, trade secret or other intellectual property right;
2. hate propaganda;
3. racist, threatening, or otherwise abusive content;
4. child pornography;
5. the promotion or incitement of, or instruction for, the commission of illegal activities;
6. mail fraud, multi-level marketing (pyramid) schemes or any other fraudulent activities;
7. content promoted through the sending of unsolicited e-mail (also known as spamming);
8. sending of unsolicited e-mail (spam) from the 35mb.com server, or any other server that refers to content on the 35mb.com server, or sending such e-mail with a 35mb.com ’ hosted Web site listed as the contact address;
9. warez, cracks, hacks, spam software & their associated utilities;
10. information or other material that contains a virus, corrupted data or any other harmful or damaging component;
11. any use of space that does not allow, or interferes with, the display of advertising;
12. any files protected with "camouflage", "banana" or any other deceptive method to hide the true content of the file, or to hide a file inside another file;
5. Idem. User agrees that 35mb.com is not responsible for content on pages hosted on member sites and acknowledges that 35mb.com does not endorse or verify any such material.
6. Idem. User agrees to assume full responsibility for all files associated with the Site and acknowledges that User may be held legally for the contents of the Site.
7. Backup and Monitoring. User is solely responsible for creating backups of any files associated with the Site and for monitoring the Site.
8. Notice to Officials. If 35mb.com determines that law enforcement officials should be notified regarding potentially illegal content on the Site, User agrees that 35mb.com may provide copies of User’s web pages to the appropriate officials without notice to user. 35mb.com will cooperate with all law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.
9. Policies and Guidelines. User agrees to abide by all policies or guidelines, together with any amendments thereto, set out, from time to time, by 35mb.com anywhere on the site www.35mb.com
   

OTHER

This agreement shall be governed by and construed in accordance with the laws of the United States without regard to choice of law rules. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

TERMINATION OF THIS AGREEMENT

This agreement is effective until terminated by either party.

You may terminate this agreement at any time, by destroying all materials obtained from 35mb.com, along with all related documentation and all copies and installations.

35mb.com shall have the right to immediately terminate this Agreement with respect to any user which 35mb.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement. 35mb.com may terminate this agreement at any time and without notice to you. Upon termination, you must destroy all materials received from 35mb.com.

In addition, by providing material on our web site, we do not in any way promise that the materials will remain available to you. 35mb.com is entitled to terminate all or part of any of its site or services at any time, without notice to you.

ACKNOWLEDGMENT

This Agreement represents the entire understanding between you and 35mb.com regarding your relationship with 35mb.com and supersedes any prior statements or representations. You signify your assent to be bound by this agreement by using the 35mb.com web site.