Megaupload Terms of Service

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  • Services of Megaupload are not available to you if you are a competitor. (1)
  • information given by you to Megaupload is not confidential, and may be checked by it. (4)
  • Security of the user ID and other information is your responsibility, unless you can prove gross negligence on the part of Megaupload .(5.2-5.3)
  • Data stored by you may be lost, and Megaupload will wash its hands of any responsibility. It may also retain your data even if you terminate your relationship with it. (6)
  • Megaupload may also read your content to check that it does not contain any porn, defamation, copyright violations etc. (8.a.-8.2)
  • You cannot upload material that is defamatory or scandalous, or contains private information about a person without their consent or intentionally inflicting emotional distress (8.2)
  • You should also upload material that the Megaupload infrastructure can handle (8.3)
  • You can upload only that material which you have either created or have a right to use. (8.4)
  • Megaupload has a right to read material uploaded by you, and decide what is good and what is not, even if it is perfectly legal.
  • They can cancel your membership and report you to police or any other authorities. (8.6)
  • Megaupload gives you no warranty of quality of its service, or even that it will provide you service, or that it will repair any defect to serve you better. (9)
  • You, and not Megaupload, are responsible for any legal claim arising out of your use of its service. (10)
  • If dissatisfied with its service, your only remedy is to discontinue it. They are not responsible for any damages, including in terms of profit or damages. They are not liable even if they were told of these risks or deficiencies. You can’t sue them even if some material sent by you has been altered. (11)
  • They can change the conditions, or fees without notice, whenever they want. (12)
  • Megaupload may suspend or withdraw their service without notice, and may also remove all your files and data. And any loss to you or any other party is not their concern. (13.1)
  • Even on termination of contract, you will continue to defend them in legal matters. (13.2)
  • Only Santa Clara, California courts have jurisdiction. And you have only 12 months time in which to take up any issue. (14)
  • Your membership of Megaupload is non-transferable (14.2)

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