PLEASE READ VERY CAREFULLY THESE TERMS OF USE AND END USER LICENSE AGREEMENT BEFORE REGISTERING FOR THE 4SHARED DESKTOP


PLEASE READ VERY CAREFULLY THESE TERMS OF USE AND END USER LICENSE AGREEMENT BEFORE REGISTERING FOR THE 4SHARED DESKTOP

LEGAL NOTICE: WWW.4SHARED.COM (THE “WEBSITE”) IS AN ONLINE FILE SHARING SERVICE OWNED AND OPERATED BY NEW IT SOLUTIONS COMPANY (THE “COMPANY”).
COMPANY HAS CREATED A PROPRIETARY SOFTWARE PROGRAM CALLED THE 4SHARED DESKTOP (THE “PROGRAM”) THAT IS AVAILABLE FOR DOWNLOAD THROUGH THE WEBSITE.
BY CLICKING ON THE “I ACCEPT” BUTTON BELOW YOU ACCEPT THESE TERMS OF USE AND END USER LICENSE AGREEMENT FOR YOURSELF OR ON BEHALF OF YOUR EMPLOYER OR ANOTHER ENTITY AND HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU HAVE NO RIGHT TO PARTICIPATE IN THE PROGRAM OR TO DOWNLOAD OR USE THE 4SHARED DESKTOP.
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PARTIES TO THIS AGREEMENT
The parties to this Agreement are You, the User, and Company. As used in this Agreement, the terms “we” and “us” are used interchangeably to refer to Company and the Website; the term “You” and “Your” is used to refer to You, the User.

Subject to Your acceptance of the Terms and Conditions set forth in this Agreement, Company grants You the limited right to download and use the Program consistent with this Agreement.

The extent of Your rights to use the Program are determined and limited strictly by this Agreement.

You agree that We may revise the terms of this Agreement by providing the new terms and conditions for You by sending notice to You at your email or via hyperlink to the Website . Any such change, modification, addition, or deletion takes effect after five (5) calendar days. You may not alter, delete, add or change or edit any of the terms and conditions of this Agreement, and any such attempted alteration shall be void and of no effect.

GRANT OF LIMITED LICENSE BY COMPANY
The Program is protected by the copyright laws and all applicable international copyright treaties. Company hereby grants to You a personal, non-exclusive, non-transferable and royalty-free license to download and use the Program subject to Your compliance with the terms and conditions in this Agreement. Any reproduction or redistribution of the Program not in accordance with this Agreement is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.

Copying or reproduction of the Program to any other server or location for further reproduction or redistribution is expressly prohibited unless such reproduction or redistribution is permitted by this Agreement or by the prior written permission of Company.

THE PROGRAM
You may use the Program for the sole purpose of providing your content to 4shared. You must immediately notify Us of any known unauthorized use of the Program.
You may not use the Service and/or the Program to: (i) post, distribute, or otherwise make available or transmit any data, message, text, computer file, or other material that infringes any right of a third party and/or any domestic or international law, rule, or regulation, including but not limited to: copyright, trademark, patent, or other proprietary rights; right of privacy or publicity; any confidentiality obligation; (ii) post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component;(iii) post, distribute, or otherwise make available or transmit any pornographic and illegal materials; (iv) engage in spamming, junk mail, any form of harassing activities, impostor activities;(v) publish or transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, or racially or ethnically derogatory content, or any content expressing hate towards any person or groups of persons due to race, religion, colour, creed, national origin or sexual orientation.
Unless You are given prior express written authorization by Company, You may not do any of the following: (i) selling or otherwise redistributing any aspect of the Program; (ii) create derivative works based on the Program; (iii) modifying, adapting, translating, or reverse engineering any portion of the Program; (iv) removing any copyright, trademark or other proprietary rights notices contained in or on the Program;(v) use the Program in any way that is inconsistent with the provisions and limitations of this Agreement.

CHANGE OF LICENSE TERMS
Company reserves the right, in the exercise of its sole and absolute discretion, at any time and for whatever reason, to change any of the terms and conditions contained in this Agreement, including the Privacy Policy and other policies and guidelines governing the use of the Program, at any time in its sole and absolute discretion. Notice of material changes to this Agreement will be posted on Company’s Website. You are responsible for reviewing the notice and any applicable changes. You agree that Your continued use of the Program following any changes to this Agreement and after the changes take effect will constitute Your acceptance of such changes. If You do not agree to be bound by future changes to this Agreement, do not continue to use the Program after the effective date of such changes and immediately uninstall and destroy the Program.

USER’S GRANT OF RIGHTS TO COMPANY
You acknowledge that You understand that when the Program is installed on Your computer, it periodically communicates with a server operated by Company and/or third party servers without notice to You; You hereby grant Company the right to direct and establish communication between Your computer and a server operated by Company and/or third party servers without notice to You.

You hereby grant Company permission to make changes to the Program, including after installation of the Program on Your computer, to add/remove features and/or functions to the existing Program, or to install new applications or third party software to the Program on Your computer, at any time, with or without Your prior knowledge, interaction or notice.

USER ACKNOWLEDGMENTS RELATING TO CONTENT
You will be entirely responsible for all Content that You download, upload, send or otherwise access via the Website or through the use of the Program. You agree that will be entirely responsible for securing adequate legal rights to store, link to, browse in, transfer, publish or otherwise make use of such Content and for ensuring that such information complies with all applicable laws, including but not limited to, any and all proprietary rights of third parties, rules of copyright, secrecy, defamation, decency, privacy, security and export laws. You further acknowledge that You understand that Company does not make any guarantee or endorsement as to the accuracy, legality, integrity or quality of any User Originated Content, and You hereby agree that Company will not be liable for any damages related to any User Originated Content available through use of the Program, and Website.

You may receive (and hereby acknowledge that You desire and agree to so receive) various products/services, marketing ads, and campaigns of third parties through the appearance of links, menus, pop-ups, and other methods on and/or in connection with the use of the Program and Website (all of the foregoing “Third Party Promotions”). Participation in, and receipt of, such Third Party Promotions are solely between You and the specific advertiser or merchant. You further agree that Company will not be liable in any way for any loss or damage of any sort incurred as the result of the display, provision, presence or receipt of any such Third Party Promotions or any of Your dealings or communications related thereto, whether by, through, via, or on the Program, Website or otherwise.

TERMINATION OF THIS AGREEMENT
You acknowledge and agree that the term of this Agreement is at will, and may be terminated by either party hereto, at any time, without any advance notice and for whatever reason.

Without limiting the foregoing, the Agreement, including Your right to use the Program, will terminate automatically and immediately if : (i) You fail to comply with the provisions of this Agreement; (ii) You use the Program for illegal unlawful or abusive purposes.

Upon termination of this Agreement by either party, You agree to immediately stop using the Program and destroy all copies of the Program.

DISCLAIMER
The Program and Website are provided “As is” and without warranties of any kind. We disclaim all warranties, whether express or implied, including the warranties that the site and content are free of defects, virus free, and able to operate on an uninterrupted basis, that they will meet your requirements, or that errors will be corrected, and the implied warranties that the site and content are merchantable, of satisfactory quality, accurate, fit for a particular purpose or need, or non-infringing, unless such implied warranties are legally incapable of exclusion. Your use 4shared is solely at your own risk.
We do not regulate or take any responsibility for the content of information, files, images, music, video, documents or other communication transmitted to or by 4shared’s users.

YOU UNDERSTAND AND AGREE THAT YOU USE THE PROGRAM AND THE 4SHARED DESKTOP AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR AUTHORIZED CONTENT, AND FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE 4SHARED DESKTOP.

We reserve the rights to remove or replace any uploaded files that are unlawful, that may compromise the security of the servers, that are using excessive bandwidth, or when deemed necessary without prior notice.

April 2009

Copyright (c) 2009-2011 by New IT Solutions

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