Byteswap.com Terms of Service:
Welcome to Byteswap.com. Byteswap.com allows users to store text, files, images, photos, contacts, video, sounds, musical works, works of authorship, recipes, documents or any other data, information or materials (collectively, "Content"), search for Content and swap Content with other users ("Site"). By signing up for a Byteswap.com account you agree that you have read, understand the contents of, and agree to all terms and conditions set forth herein ("Terms of Service"). This Terms of Service Agreement ("Agreement") is between user and Byteswap.com and is legally binding. Should you have any questions concerning this Agreement, please contact legal@Byteswap.com.1. Password/Contact Via Email.
When you sign up for an account, you will choose a personal, non-transferable password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, user name or password of any other user at any time or to disclose your password to any third party. If you suspect a person has accessed your account without authorization, it is your responsibility to change your password and alert Byteswap.com immediately. In addition, you acknowledge that Byteswap.com may communicate with you through email. You are responsible for ensuring that Byteswap.com has your current email address so that Byteswap.com can provide you such communications.2. Account Information and Data.
You are entirely responsible for all Content stored, transferred, and received under your username and password. You, not Byteswap.com, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all such Content.. Byteswap.com does not own, and has no responsibility or liability for, any Content stored, transferred or received under your user name and password. We will not disclose any information regarding you or your account, including any Content, without your prior permission except as set forth in this Agreement. Please be aware that Byteswap.com does provide certain user registration and statistical information such as usage or user traffic patterns in aggregate form to third parties, but such information will not include personally identifying information except as set forth herein. Byteswap.com may access your account, including its Content, to respond to service or technical problems or as stated in this Agreement.3. Payment of Fees
You acknowledge that Byteswap.com reserves the right to charge for its services and to change its fees from time to time in its discretion. The fees applicable for Byteswap.com service are available at www.Byteswap.com. If Byteswap.com decides to terminate your use because of your breach of this Agreement, you shall not be entitled to a refund of any fees.4. 100% Satisfaction Guarantee.
If you are not completely satisfied with our service, you provide us via email with notice of the same within the first 30 days of use and you are not in breach of this Agreement, we will provide you with a refund.5. Eligibility.
Use of Byteswap.com is void where prohibited. By using Byteswap.com, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older, and if you are age 14, 15, 16 or 17 you have parental consent to use the Site; and (d) your use of the Site does not violate any applicable law or regulation. Your Content may be deleted and your membership may be terminated without warning, if we believe that you have not met these eligibility requirements.6. Proprietary Rights.
Byteswap.com does not claim any ownership rights in the Content that you store or swap on the Site. After storing your Content to the Site, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By swapping or sharing any Content on or through the Site, you hereby grant to Byteswap.com a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through Byteswap.com.You represent and warrant that: (a) you own the Content posted by you on or through the Site or otherwise have the right to grant the license set forth in this section, and (b) the storing or swapping of your Content on or through the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Site.
Byteswap.com contains Content of Byteswap.com ("Byteswap.com Content"). Byteswap.com Content is protected by copyright, trademark, patent, trade secret and other laws, and Byteswap.com owns and retains all rights in the Byteswap.com Content and the Byteswap services. Byteswap.com hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Byteswap.com Content (excluding any software code) solely for your personal use in connection with viewing the Byteswap Website and using the Byteswap services. Except for the licenses granted herein, you have no right, title or interest in or to Byteswap.com service or any Content.
7. Content/User Conduct.
Byteswap.com may delete any Content that in its sole judgment violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Byteswap.com assumes no responsibility for monitoring the Site for inappropriate Content or conduct. If at any time Byteswap.com chooses, in its sole discretion, to monitor the Site, it nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the user submitting any such Content.You are solely responsible for the Content that you store or transmit to or from other users on the Site and for your interactions with other users. Byteswap.com does not endorse and has no control over the Content. Content is not necessarily reviewed by Byteswap.com prior to storing or swapping and does not necessarily reflect the opinions or policies of Byteswap.com. Byteswap.com makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to or from other users.
7.1 Prohibited/Illegal Content. The following is a partial list of the kind of Content that is illegal or prohibited to store on or transmit through the Site. Byteswap.com reserves the right to investigate and take appropriate legal action against anyone who, in its sole discretion, violates this provision, including without limitation, removing the offending Content from the Site and terminating the account of such violators. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Byteswap.com:
7.1.1 is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any
group or individual;
7.l.2 harasses or advocates harassment of another person;
7.1.3 exploits people in a sexual or violent manner;
7.1.4 contains pornography, nudity, violence, or offensive subject matter or contains a link to an adult website;
7.1.5 solicits personal information from anyone under 18;
7.1.6 provides any telephone numbers, street addresses, last names, URLs or email addresses;
7.1.7 promotes information that you know is false or misleading or promotes illegal activities or conduct that
is abusive, threatening, obscene, defamatory or libelous;
7.1.8 promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated
computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices,
or providing pirated music or links to pirated music files;
7.1.9 involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging,
"spimming," or "spamming";
7.1.10 contains restricted or password only access pages or hidden pages or images (those not linked to or from
another accessible page);
7.1.11 furthers, encourages or promotes any criminal activity or enterprise or provides instructional information
about illegal activities including but not limited to making or buying illegal weapons, violating someone's
privacy, or providing or creating computer viruses;
7.1.12 solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
7.1.13 involves commercial activities and/or sales without our prior written consent such as contests,
sweepstakes, barter, advertising, or pyramid schemes; or
7.1.14 is unlawful, defamatory, threatening, abusive, libelous or otherwise objectionable.
7.2 Prohibited Activities: The following is a partial list of the kind of activity that is illegal or
prohibited on the Site. Byteswap.com reserves the right to investigate and take appropriate legal action
against anyone who, in its sole discretion, violates this provision, including without limitation, reporting
you to law enforcement authorities. Prohibited activity includes, but is not limited to:
7.2.1 criminal or tortious activity, including child pornography, fraud, trafficking in obscene material,
drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files
or programs, copyright infringement, patent infringement, or theft of trade secrets;
7.2.2 advertising to, or solicitation of, any user or other person to buy or sell any products or services
through the Site. You may not transmit any chain letters, junk email, spam, or other form of duplicative or
unsolicited messages, whether commercial or otherwise, to other users. It is also a violation of these rules
to use any information obtained from the Site in order to contact, advertise to, solicit, or sell to any user
without their prior explicit consent. In order to protect our users from such advertising or solicitation,
Byteswap.com reserves the right to restrict the number of files which a user may swap with other users in
any 24-hour period to a number which Byteswap.com deems appropriate in its sole discretion. If you breach
this Agreement and swap unsolicited bulk files or other unsolicited communications of any kind through this
Site, you acknowledge that you will have caused substantial harm to Byteswap.com, but that the amount of
such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to
pay Byteswap.com $50 for each such unsolicited communication you send through the Site;
7.2.3 covering or obscuring the banner advertisements, if any, on your account;
7.2.4 interfering with, disrupting, or creating an undue burden on the Site or the networks or services
connected to the Site or violating the regulations, policies, terms or procedures of such Sites or networks
or services;
7.2.5 attempting to impersonate another user;
7.2.6 using or attempting to use the account, username, or password of another user at any time or disclosing
your password to any third party or permitting any third party to access your account;
7.2.7 selling or otherwise transferring your account;
7.2.8 using any information obtained from the Site in order to harass, abuse, or harm another person;
7.2.9 using the Site in a manner inconsistent with any and all applicable local, state, national,
international or other laws and regulations; or
7.2.10 causing, in Byteswap's sole discretion, inordinate burden on Byteswap.com's system resources (i.e. bandwidth).
8. Term/Termination.
This Agreement shall remain in full force and effect while you use Byteswap.com and are a valid user.Byteswap.com reserves the right, in its sole discretion, to reject, refuse to store, refuse to post or remove or delete any Content stored by you, or to restrict, suspend, or terminate your access to all or any part of Byteswap.com at any time, for any or no reason, with or without prior notice, and without liability.
Byteswap.com expressly reserves the right to remove your account and/or restrict, suspend, or terminate your access to any part of Byteswap.com if Byteswap.com determines, in its sole discretion, that you pose a threat to it and/or its users.
You may terminate your user account upon notice to Byteswap.com at any time.
Upon termination by Byteswap.com or at your direction, you may request a file of your Content, which Byteswap.com may make available for a fee. You must make such request at the notification of termination to receive such file within thirty (30) days of termination. Byteswap.com shall have no obligation to maintain any Content stored in your account or to forward any Content to you or any third party. This Agreement remains in effect even after termination of this Agreement.
9. Non-commercial Use by Users.
Byteswap.com is for the personal use of its users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Byteswap.com. Illegal and/or unauthorized use of the Site and its services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from user profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Site or its services.10. Copyright Policy.
You may not store, post, modify, swap, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Byteswap.com to terminate membership privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to Byteswap.com by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Byteswap.com's Copyright Agent for notice of claims of copyright infringement can be reached at legal@Byteswap.com.11. Member Disputes.
You are solely responsible for your interactions with other Byteswap.com users. Byteswap.com reserves the right, but has no obligation, to monitor disputes between you and other users.12. Privacy.
Use of the Byteswap.com and its service is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.13. Disclaimer.
Byteswap.com is not responsible for any incorrect or inaccurate Content posted on the Site or in connection with the services, whether caused by users or by any of the equipment or programming associated with or utilized in the Site or its services. Content stored or swapped on the Site may contain links to other websites. Byteswap.com is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Byteswap.com. Inclusion of any linked website on the Site does not imply approval or endorsement of the linked website by Byteswap.com. When you access these third-party sites, you do so at your own risk. Byteswap.com takes no responsibility for third party advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by its advertisers. Byteswap.com is not responsible for the conduct, whether online or offline, of any user of the Site or its services. Byteswap.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or user communication. Byteswap.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on the Site or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the Site or its services. Under no circumstances shall Byteswap.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Site or its services, from any Content stored on or through the Site, or from the conduct of any users of the Site whether online or offline. The Site and its services are provided "AS-IS" and as available, and Byteswap.com expressly disclaims any warranty of merchantability, fitness for a particular purpose or non-infringement. Byteswap.com cannot guarantee and does not promise any specific results from use of the Site or its services.14. Indemnification.
You agree to indemnify and hold harmless Byteswap.com, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, from and against any and all claims, costs, damages, losses, liabilities, and expenses (including, without limitation, attorneys' fees and costs) arising out of, resulting from or in connection with your use of Byteswap.com services or breach of this Agreement.15. Limitation on Liability.
All transactions using Byteswap.com's services are between the transacting parties only. Byteswap.com is not an agent of any transacting party, nor are we a direct party in any such transaction. Any such activities, and any terms associated with such activities, are solely between you and the applicable third-party.In no event shall Byteswap.com be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damage arising from your use of the Site or its services, even if Byteswap.com has been advised of the possibility of such damages. Byteswap.com's liability to you for any cause whatsoever and regardless of the form of the action shall be limited to the amount paid, if any, by you to Byteswap.com for the use of the Site and its services during the term of membership.
Byteswap.com is in no way liable for and shall not be held accountable for loss of, deletion of, destruction of, correction of, damage to or failure to store any Content. By becoming a Byteswap.com user you, the customer, acknowledge that you forfeit the right to hold Byteswap.com accountable for any and all technical errors, including loss of user files (customer data).
In the event that Byteswap.com concludes offering Content storage services, Byteswap.com users will receive the option to have their stored files sent to them in CD or other format selected by Byteswap.com. Byteswap.com does not guarantee length of service.
Byteswap.com is not responsible for circumstances beyond its control, including without limitation actions of third parties, force majeure, Acts of God, natural disasters, strikes, power blackouts, civil disorders, riots, acts of civil or military authority, acts of public enemy, terrorist threats or activities, war (declared or undeclared), or similar circumstances.