Terms of Use

General

Thank you for visiting the Zeplyn website located at Zeplyn.com ( the "Site" ). You agree to the following Zeplyn Terms and Conditions (" Terms and Conditions "), in their entirety, when you: (a) access or use the Site; (b) register as a member on the Site. These Terms and Conditions are inclusive of the Zeplyn Privacy Policy ("Privacy Policy") and any and all other applicable Zeplyn operating rules, policies, price schedules and other supplemental terms and conditions or documents that may be changed from time to time, which are expressly incorporated herein by reference (collectively, the " Agreement "). Please review the Agreement carefully. If you do not agree to the terms and conditions contained within the Agreement in its entirety, you are not authorized to use the Site or Services in any manner or form whatsoever.

1. Scope of Agreement.

You agree to the terms and conditions outlined in the Agreement with respect to your use of the Site and Services. The Agreement constitutes the entire and only agreement between you and Zeplyn with respect to your use of the Site and Services, and supersedes all prior or contemporary agreements, warranties and/or understandings with respect to your use of the Services, Site, the content contained therein and/or any other products and services provided by or through same.

2. Modification of Agreement.

We may amend the Agreement from time to time in our sole discretion, without specific notice to you. The latest Agreement will be posted on the Site, and you should review the Agreement prior to using the Site. By your continued use of the Site and/or Services, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time. Therefore, you should regularly check this page for updates and/or changes. Unless explicitly stated otherwise, any future offer(s) or product(s) made available to you on the Site that augment(s) or otherwise enhance(s) the current features of the Site shall be subject to the Agreement. You understand and agree that Zeplyn is not responsible or liable in any manner whatsoever for your inability to use the Site, become a Member or use the Services.

3. Registration.

In order to obtain Zeplyn Services, you must first register. Zeplyn reserves the right, in its sole discretion, to deny the Registration of anyone at any time and for any reason, whatsoever. The information that you must supply on the Site in order to obtain Membership may include, without limitation: (i) your e-mail address; (ii) your PayPal®, AlertPay, DaoPay or PaySafeCard account information (depending on your preferred means of payment); and (iv) any other information requested by us on the Registration.

You agree to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain it in up to date and accurate fashion. Zeplyn will verify and approve all Registrations in accordance with its standard verification procedures. For purposes of the Agreement, "PayPal" shall mean PayPal, Inc. Please be advised that Zeplyn is not in any way affiliated with PayPal, and the Site and Services are neither endorsed, nor sponsored, by PayPal. PayPal ® is a registered trademark of PayPal, Inc. You can access your Zeplyn Account at the Site using your user name and password, and change your password at your discretion. You are responsible for maintaining the confidentiality of your Zeplyn Account, user name and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur through use of your Zeplyn Account, user name and password including, without limitation, any and all purchases made there through.

4. Fair Use Policy

Customer shall not misuse system resources including, but not limited to, employing content which consume excessive CPU time or storage space; utilizing excessive bandwidth; or resale of access to content hosted on Zeplyn servers.

It is very important that all users must enjoy the same quality of services Zeplyn offers.

Zeplyn.com reserves the right to control and restrict accounts of customers who are believed to misuse the Zeplyn services.

Zeplyn with an advanced automatic mechanism can detect and restrict user accounts which are abusing the Zeplyn services. This mechanism is objective and only restricts users who are misusing or abusing the Zeplyn services.

5. Account Restrictions.

(a) It is prohibited to share your account with other users. (b) It is not allowed to publish your account details (user name & password) on forums, blogs or anywhere else where on the net. (c) It is prohibited to resell the Zeplyn Services without prior agreement with Zeplyn. (d) It is not allowed to use the Zeplyn site in order to provide similar services to Zeplyn.

For any of the following reasons Zeplyn has the solely right to restrict, terminate your account or to change your password.

6. Rejection/Termination.

Zeplyn may reject your Registration and/or terminate your Membership at any time and for any reason, in our sole discretion. Such reasons may include, without limitation: (a) where Zeplyn believes that you are in any way in breach of the Agreement; and (b) where Zeplyn believes that you are, at any time, conducting any unauthorized commercial activity by and through your Membership and for any of the reasons stated in Point 5.

7. Cancellation of Membership.

You may cancel your Membership at any time if you are not completely satisfied. To cancel your Membership, simply cease using the Site.You understand and agree that cancellation of your Membership is your sole right and remedy with respect to any dispute with Zeplyn . Alternatively you may also send an e-mail to [email protected] with your request.

8. Description of Services.

Zeplyn only provides storage services. Zeplyn is trying in every possible way to prevent the distribution of copyrighted files. Zeplyn is applying all available technology and methods to cope with the illegal distribution of copyrighted files.

Some of these methods are:

1. Name filters. If these applied filters manage to identify that a file is subject to intellectual property rights, the downloading of these files is not allowed.
2. DMCA File List. Zeplyn stores a list of files that have been declared to violate the DMCA and if someone tries to download such a file, the download will fail as the downloading of such files is not allowed.
Note: Zeplyn gives the opportunity for any member or non-member to file such a report from a relevant form which can be found on a clearly visible spot on the Site.

9. Member Content.

As a Member, you agree that you are solely responsible for the files stored by you through the Site. Without limiting the foregoing, you agree to use the Services in a manner consistent with any and all applicable laws and regulations.

Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of your account and access to the Services without notice, in the sole discretion of Zeplyn. Zeplyn reserves the right to pursue any and all legal remedies against Members that engage in the aforementioned prohibited conduct.

10. Non-Endorsement/Neutral Party.

Notwithstanding the foregoing, Zeplyn undertakes no responsibility to monitor or otherwise police the Content made available by Members. Zeplyn operates the Site and Services as a neutral party, and Zeplyn does not regularly monitor, regulate or police the use of the Site and/or Services by any of its Members. The use of the Site and/or Services by a Member or otherwise does not constitute an endorsement by Zeplyn of that Member. Zeplyn is not responsible or liable for the acts, omissions, agreements, promises, content, links, other products, services, comments, opinions, advice, statements, offers and/or other information made available by, or related to, any Member or other third party.

11. Proprietary Rights.

The Zeplyn Content, organization, graphics, design, compilation, software, services and other matters related to the Zeplyn Content are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Zeplyn Content is strictly prohibited. You do not acquire ownership rights to any Zeplyn Content or other materials viewed at or through the Site.

12. Legal Warning.

Any attempt by any individual, whether or not a Zeplyn customer, to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Site and/or Services is a violation of criminal and civil law and Zeplyn will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.

13. Premium Membership Fees.

Upon registering for the Zeplyn Services and providing the requisite Services Registration Data, your PayPal®, AlertPay, DaoPay or PaySafeCard account, as applicable, will be charged the applicable amount depending on the package you choose. All Fees are payable in US Dollars. Failure to use the Services does not constitute a basis for refusing to pay any of the associated Fees.

14. Third Party Websites.

The Site and/or Services contain links to other websites on the Internet that are owned and operated by third parties. Zeplyn does not control the information, products or services available on these third party websites. The inclusion of any link does not imply endorsement by Zeplyn of the applicable website or any association with the website's operators. Because Zeplyn has no control over such websites and resources, you agree that Zeplyn is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from any such websites or for the protection of your data privacy by third parties. Any dealings with, or participation in promotions offered by, advertisers on the Site, including the payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the applicable advertiser or other third party. You further agree that Zeplyn shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on or through any such website or any such dealings or promotions.

15. Disclaimer of Warranties.

THE SERVICES OFFERED ON THE SITE, ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, Zeplyn MAKES NO WARRANTY THAT THE SERVICES OFFERED ON THE SITE:
(A) WILL MEET YOUR REQUIREMENTS;
(B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED;
(C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
(D) WILL HAVE SECURITY METHODS EMPLOYED THAT WILL BE SUFFICIENT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, OR AGAINST INFRINGEMENT; AND/OR
(E) WILL BE ACCURATE OR RELIABLE.
THE SERVICES OFFERED ON THE SITE MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.ZEPLYN WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZEPLYN OR OTHERWISE THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

16. Limitation of Liability.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT Zeplyn SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Zeplyn HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR:
(A) THE USE OR THE INABILITY TO USE THE SERVICES OFFERED ON THE SITE;
(B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR ANY OTHER PRODUCTS PURCHASED OR OBTAINED FROM OR THROUGH THE SITE;
(C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; AND
(D) ANY OTHER MATTER RELATING TO THE SERVICES OFFERED ON THE SITE.
THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. YOU HEREBY RELEASE Zeplyn FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF YOUR USE OF THE SERVICES OFFERED ON THE SITE, MAY BE BROUGHT BY YOU OR Zeplyn MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Zeplyn. ACCESS TO THE SITE AND/OR SERVICES OFFERED ON THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS Zeplyn LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

17. Editing, Deleting and Modification.

We reserve the right in our sole discretion to edit and/or delete any Content, documents, information or other material appearing on the Site.

18. User Information.

All materials that you submit through or in association with the Site including, without limitation, the Registration Data, shall be subject to the Privacy Policy. To access the Privacy Policy, please visit privacy policy link in the bottom of the site or click here.

19. How to Contact Us.

If you have any questions about the Agreement or about the practices of Zeplyn, please feel free to contact us.