This Terms of Service is an agreement between Customer and file2fone.com ("Agreement") and applies to Customer's account(s) with file2fone. PLEASE READ THIS DOCUMENT CAREFULLY and retain it for future reference. Please note that the information contained herein is subject to change without notice. Customer agrees to periodically consult this website for changes or amendments to this Agreement. File2fone may, but is under no obligation to, provide notices of any amendment, modification or update of this Agreement via e-mail to Customers.

GENERAL PROVISIONS

While using Services provided by file2fone, you agree to the following terms and conditions.

DEFINITIONS

"We" "Us" "Provider" refers to file2fone.com; and "You" "Your" "Client" or "Customer" refers to each person or entity who applies for internet service or is a designate of anyone who applies for internet service with File2fone.

SERVICES PROVIDED BY file2fone.com

File2fone will provide internet server space ("Services") to its customers for the purpose of allowing customers to provide image and mp2 fomat including ringtones to the general public. The Services allow file2fone customers to maintain and maintain an account or accounts and access web space via file2fone website to upload images, mp2, ringtones for their cell / mobile phones. File2fone customers will use the provided Services in a manner consistent with all applicable Provincial and Federal laws. File2fone will make no effort to edit, control, monitor or restrict the content of data other than as necessary to provide Services. If any of the activities referenced below are committed, file2fone may immediately terminate Customer's account(s) without notice. File2fone will be the sole and final arbiter as to what constitutes a violation of the terms and conditions of this Agreement.

CUSTOMER USE OF SERVICES

Disk Space and Client Content: file2fone offers limited hosting space for images and MP2 files, Ringtones, Pictures, Music, Videos, Wallpapers, Documents, Games, Themes, etc.

We reserve the right to not host any website that consumes over 10 MB disk space. Each account has a 25 file limit. Accounts are to be used by the primary owner only. Account holders are not permitted to resell web-hosting services of their website to other parties. Client agrees that web pages and files uploaded to our servers will not violate any provincial, federal or foreign laws or regulations; infringe on any intellectual property rights of file2fone or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to File2fone or any third party. Customers may not run IRC bots or clients. Unacceptable uses of our service also include: Bulk e-mailing, unsolicited e-mailings, newsgroup spamming, pornographic or adult content or links to adult websites, nudity, copyrighted MP3s, illegal content, copyright infringement, trademark infringement, warez, cracks, or software serial numbers. File2fone will be the sole and final arbiter as to what constitutes a violation of this policy.

Bandwidth Usage: File2fone.com offers limited data transfer per month. We reserve the right to not host any website that consumes over 50MB per month, or will ask for additional money.

Excessive Resource User Policy: Resources are defined as bandwidth and/or processor utilization. A website is considered to be using "Excessive amounts of resources" when it monopolizes the resources available by using 10% or more of system resources for longer than 60 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, PHP, FTP, HTTP, etc. A account that consumes over 75Mb or 10 GB/month of bandwidth is also considered to be using "excessive resources." This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. We reserve the rights to suspend or terminate any hosting account that we feel is jeopardizing our network. File2fone will be the sole and final arbiter as to what constitutes a violation of this policy.

No "Spam": UCE/UBE or "Spam" originating from a file2fone account, or an account associated with a file2fone account, is not tolerated. This includes any e-mail that promotes web sites hosted on a File2fone account but is sent from an e-mail address not associated with that file2fone account. Client shall not use their file2fone services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. file2fone reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice. There will be a $150 clean up fee if an account was suspended for policy violation. There is a 50 e-mail limit that can be sent out within a 24 hour period.

False Information: Client agrees not to post false or inaccurate information to news groups in violation of the news groups' rules and regulations. If any news groups or service providers contact file2fone concerning unethical, false or unlawful activities by you, file2fone reserves the right to terminate your service without notice.

Licensed Software Only: Client agrees to use only properly licensed third party software in connection with Client's use of the Services.

Back-Up Files: File2fone will make every reasonable effort to protect and backup data for Client on a regular basis, however file2fone does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, client is solely responsible for independent backup of data stored on Providers server and network. There is a onetime fee of $50 for our Administrator to retrieve client's individual back-up files.

Allowed Content: It's not allowed to upload porn, nudity, hacks, EMU's, ROM's, copyright material and other content in those areas.

Domain Name Registration: file2fone uses Godaddy.com for domain name registration under Select My Domain. There is a $25/year fee for new domain name registration ($40 for .ca). Domain names can be use or transferred to another registrar only if customers account is paid for with no balance. If customer has a balance, it must be settled before domain name is released.

SERVER/NETWORK MAINTENANCE

In the event a planned outage would be necessary, they will be performed between 8:00pm to 10:00pm EST. This does not mean there will be an outage at the specified time, and does not include unplanned outages if any should occur for reasons beyond File2fone's control.

EMAIL PROMOTION:

From time to time we may make available to you offers from vendors based on your interests. Your email will never be sold or rented. If you wish to opt out of this email list, simply email us at info@file2fone.com with the heading "Opting out of Email Notification for Promotional Offers"

INACTIVITY:

If any account is not active for 6 months from the account open date. We will email you a deletion warning email and if no response is received from the user within 72 hours, the account will be deleted. File2fone will not be responsible for any images or files active to the deleted account nor will we retrieve the data without a administrative fee of $50.00. File2fone.com will not guarantee back up retrievals to be updated, however we will make all efforts to do so.

DISCLAIMER OF WARRANTY

You agree to use the Services and any information obtained through or from file2fone at your own risk. You acknowledge and agree that file2fone exercises no control over, and accepts no responsibility for, the content of information passing through file2fone host computers, network hubs, points of presence or the internet.

THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. File2fone MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES IT PROVIDES. File2fone MAKES NO WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR-FREE OR THAT ANY RESULTS OBTAINED FROM THE USE OF SERVICES IS ACCURATE AND RELIABLE. File2fone EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY File2fone. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY File2fone PERSON WILL CREATE ANY WARRANTY OR MAY YOU RELY ON SUCH INFORMATION OR ADVICE. The terms of this Section will survive any termination of this Agreement.

File2fone is not responsible for any interruption in service or down time that may occur, whether due to external network disruptions or negligence of File2fone. This includes loss of data resulting from delays, non-deliveries, wrong delivery, equipment failure and any and all other service interruptions caused by file2fone.

LIMITATION OF LIABILITY

You agree that File2fone will not be responsible for any losses that may incur where Services are accessed by third-parties through illegal or otherwise unauthorized means, including but not limited to situations where data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to File2fone at the time) which may exist in the Services or in file2fone's equipment used to provide the Services.

Under no circumstances will File2fone be liable for any consequential, indirect, incidental, special or punitive damages, or loss of profits, revenue, data or use by Customer, any of its customers, or of any other third party, whether in an action in contract or tort or strict liability or other legal theory. File2fone will not be liable to Customer, any of its customers, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to File2fone's records, programs, equipment or services.

Notwithstanding anything to the contrary in this Agreement, File2phones's maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) will not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.

This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this Section will survive any termination of this Agreement.

RIGHT TO REFUSE SERVICE

At its sole discretion, File2fone has the right to refuse any and all service or Services to any applicant, Customer, Client whether it be an individual or legal entity.

INDEMNIFICATION

Customer agrees to indemnify, defend and hold harmless File2fone, its officers, directors, employees, shareholders and agents from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party arising out of or relating to (i) Customer's use of the Services, (ii) any breach by Customer of this Agreement, or (iii) any acts or omissions of Customer. The terms of this Section will survive any termination of this Agreement.

FORCE MAJEURE

File2fone will not be liable for failure or delay in performing it obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.

DISCLOSURE OF CUSTOMER INFORMATION AND LEGAL PROCESS

Although File2fone maintains strict confidentiality on Customer's information, there are certain exceptions in which File2fone may disclose information in its possession, including but not limited to information about the Customer's internet transmissions and website activity in order to comply with court order, subpoena, discovery request, warrant, statute, regulation or official governmental requests. File2fone has no obligation to notify Customer about whom the information is sought or that File2fone has provided the information. Customer acknowledges the above exceptions and agrees to them without reservation.

GOVERNING LAW; JURISDICTION; ARBITRATION

This Agreement is governed by State of Pennsylvania, USA and both parties will submit to personal jurisdiction in Philadelphia, Pennsylvania, U.S.A. Any controversy or claim arising out of, relating to or in connection with this Agreement, or the breach thereof, will be subject to the court appointed arbitration party. The place of arbitration will be Philadelphia, Pennsylvania, USA or any other place selected by mutual agreement of the parties. An award rendered in connection with arbitration pursuant to this Section shall be final and binding upon the parties. The parties agree that the award of the arbitral tribunal will be the sole and exclusive remedy between them regarding any and all claims and counterclaims between them with respect to the subject matter of the arbitrated dispute. The terms of this Section will survive any termination of this Agreement.

ASSIGNMENT

Customer will not have the right to assign this Agreement without the prior written consent of File2fone.

ENTIRE AGREEMENT; SEVERABILITY

This Agreement represents the entire agreement between the parties, and supersedes all previous representations, understandings or agreements. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement will remain in full force and effect.

Customer hereby represents that he, she or it, is either an individual entering this Agreement for his or her personal use and is over 18 years of age, or is a corporation other legal corporate entity, duly organized, validly existing and in good standing under the laws of the province of its organization and the person acting on behalf of Customer is duly authorized to accept, execute and deliver this Agreement on behalf of Customer.