Terms and Conditions

The terms and conditions listed below (hereafter referred to as the "Terms") apply to your access and use of the online file storage and sharing service (the "Service") provided by NodeFiles and its affiliates ("NodeFiles," "we" or "us"). The Terms do not alter in any way the terms or conditions of any other agreement you may have with NodeFiles for the Service (or any individual part of it). If you are using the Service on behalf of an entity, you represent and warrant that you are authorized to accept the Terms on such entity’s behalf.

We reserve the right to change or modify the Terms or indeed any policy or guideline of the Service. Any changes or modifications will be effective immediately upon the posting of such revisions on our website located at https://nodefiles.com (the "Site"); by your continued use of the Service following the posting of changes or subsequent modifications, you waive any right to receive specific notice of such changes or modifications and automatically grant acceptance of such changes. As a result, you should frequently review the Terms and applicable policies from to ensure that you fully understand the terms and conditions that apply to your use of the Service. If you do not agree with all of the terms and conditions of the amended Terms, you must stop using the Service immediately.

If you have any questions regarding the use of the Service, please email us at .


Customer Data and the Service

All data and information including, comments posted, files, photos and other content that you provide to NodeFiles when you use the Service is referred to in the Terms as "Customer Data".

NodeFiles is a cloud, file-hosting service which gives users the ability to access their data from any location as well as offering an additional online back-up for said data.


Privacy Policy

Click Here to access our Privacy Policy for more information on how personally identifiable information from our users is collected, used and disclosed.


Registration Data

By accessing, signing up or otherwise using the Site you agree to the following conditions:

  1. To provide accurate, valid and complete information about you as requested by any Sign Up, Login and/or Registration forms made available via the Service ("Registration Data").
  2. To maintain and promptly update the Registration Data, and any other information you provide to NodeFiles to ensure its accuracy and validity.
  3. You accept all risk of unauthorized access to the Registration Data and any other information you provide to NodeFiles.

Grants and Restrictions

Subject to the specifics of the Terms, NodeFiles grants to you a non-exclusive, non-transferable and revocable right to access and use the Service.

Unless expressly stated in the Terms, you will not, and will not allow any third party to:

  1. Obtain any performance information or disclose any information or analysis relating to the Service to a third-party.
  2. Use any data mining, robots or similar data gathering or extraction methods with respect to the Site or the Service.
  3. Download (other than the page caching) any portion of the Site (including, but not limited to, any materials contained in the Site.)
  4. Use the Site, the materials contained in the Site or the Service itself for anything other than its intended purpose.

Ownership

As mutually agreed upon your usage of the Site and subject to the Terms, NodeFiles will own all rights, title and interest in:

  1. The Service.
  2. Any work or product developed by NodeFiles as a result of the performance of the Service.
  3. Any and all Intellectual Property Rights embodied therein. For the purpose of these Terms, "Intellectual Property Rights" means all patents, copyrights, moral rights, trademarks, trade secrets and any other form of intellectual property rights recognized in any jurisdiction, including applications and registrations for any of the foregoing.

Obligations

It is your sole responsibility to ensure reasonable security precautions whilst using the Service. You must comply with the Laws (as defined below) with respect to your use of the Service. You must cooperate with NodeFiles's reasonable investigation of Service downtime/outages, security problems and any suspected breach of the Terms. For the purposed of the Terms, "Laws" means federal, national, state, provincial, municipal and local laws, regulations, rules, judicial decrees, decisions and judgments in each and every jurisdiction applicable to you, the Site, subject matter of the Terms and/or the Service itself.

You represent and warrant that:

  1. All Customer Data (as defined below) is either your sole property or has been collected by you from a third party in accordance with your privacy guidelines.
  2. Your privacy guidelines comply with all applicable Laws.
  3. You have obtained all consents required by the applicable Laws to transfer all of the Customer Data to NodeFiles for storage by the Site within the United States or other countries.

NodeFiles is does not accept responsibility for any unauthorized access to Customer Data or the unauthorized use of the Service. By using the Site and the Service you maintain responsibility for the following:

  1. The use of the Service by you or any person to whom you have given access to.
  2. Any person who gains access to your Customer Data or the Service as a whole, due to your failure to use reasonable security precautions (even if such use was not authorized by you).

Notwithstanding any exemptions to the contrary in the Terms, NodeFiles may disclose Customer Data in the following circumstances:

  1. As required by any applicable Laws.
  2. Or in response to a subpoena or other compulsory legal procedure.

Files stored on free accounts must be downloaded once per thirty days. Failure to obtain a download within this period will result in the automatic deletion of your files. Please note that deleted files can not be restored.

By accessing the Site you agree not to participate in the following actions, post, upload, transmit, distribute, store, create or otherwise publish any of the following material to or through the Site:

  1. Customer Data that is of a libelous, defamatory, profane, obscene, pornographic, sexually explicit, indecent, lewd, vulgar, suggestive, violent, harassing, hateful, threatening, offensive, discriminatory, bigoted, abusive, inflammatory, fraudulent, deceptive or otherwise objectionable nature.
  2. Customer Data that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual property right or other right of any party.
  3. Customer Data that is illegal or unlawful, that would constitute, encourage or provide instructions for a criminal offense; or otherwise create liability or violate any local, state, national or international law.
  4. Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on the Service without NodeFiles's express written consent. By use of this Service you further agree that you are solely responsible for your conduct while using the Service and you agree that you will not do any of the following in connection with the Service or the users of the Service.
  5. Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service, or that could damage, disable, overburden or impair the functioning of the Service in any manner.
  6. Use the Service for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates the Terms and policies outlined by NodeFiles.
  7. Create an account, post any content, or otherwise use the Service if you are not at least 18 years of age.
  8. Modify, adapt, hack or emulate the Service.
  9. Circumvent or attempt to bypass any filtering, security measures or other features designed to protect the Service, Site or users of the Service or third-parties.
  10. Infringe upon or violate the rights of NodeFiles, its users or any third-party.

NodeFiles takes no responsibility and assumes no liability for any user conduct or for any Customer Data posted, stored or made available via the Service or the Site. NodeFiles is not liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter whilst using the Site.

Your use of the Service and the Site is at your own risk. Enforcement of the Customer Data and conduct rules set forth in the Terms is solely at our discretion and failure to enforce such rules does not in any way constitute a waiver of our right to enforce said rules. In addition, these rules do not create any private right of action on the part of any third-party or any reasonable expectation that the Site and or Service as a whole, will not contain any content that is prohibited by such rules.


Fair Usage Policy

By your usage of the Site and Service, you are in agreeance that both free registered users and anonymous users without an account, have the ability to the following features, which can be changed and / or revoked at any given time without prior notice:

  1. Download files at speeds not exceeding five megabytes per second.
  2. The maximum size of downloadable files for anonymous users with no account is 500 megabytes (500 MB).
  3. The interval between sessions of the download must be at ten seconds.

By using the Site and Service you agree that the maximum size of files uploaded to the Service shall be two hundred megabytes (200 MB) for anonymous users without an account and two gigabytes (2GB) for registered users.


Third Party Content

NodeFiles may provide third-party content on the Service or the Site and also may provide links to websites and content of third-parties (collectively referred to as the "Third Party Content") as a service to those interested in this information. We doe not control, endorse or adopt any Third Party Content and NodeFiles makes no representation or warranties of any kind regarding Third Party Content including, but not limited to, its accuracy or completeness. By usage of the Site you acknowledge and agree that NodeFiles is not responsible or liable in shape or form for any Third Party Content, and therefore undertakes no responsibility to update or review any Third Party Content. Users shall use such Third Party Content contained therein at their own risk.

This provision will suffice for the length of service.


Advertisements and Promotions; Third-party Products and Services

NodeFiles may run advertisements and promotions linked or otherwise obtained from third-parties via the Service or the Site. NodeFiles reserves the right to provide information about or links to third-party products or services via the Service or the Site. Your business dealings or correspondence with, or participation in promotions of, such third-parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third-party. NodeFiles assumes no responsibility nor liable for any loss or damage of any sort that may be incurred as the result of any such dealings or promotions with a third-party.


Trademarks

The NodeFiles logos and slogan contained in the Site (or made available via the Service) are trademarks of NodeFiles and its suppliers or respective licensor's. Unless operating under prior written permission or consent, these materials may not be copied, imitated or used, in whole or even in part, without the prior written permission of NodeFiles or the relevant trademark holder. Additionally, you may not use any metatags or any other "hidden text" utilizing "NodeFiles" or any other name, trademark or product or service name of NodeFiles without our prior written permission. This shall also extend to the look and feel of the Site and the Service as a whole, including all page headers, custom graphics, button icons, scripts, service mark, trademark and/or trade dress of NodeFiles and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, including registered trademarks, product and company names or logos mentioned in the Site (or made available via the Service) are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise identifiable information or characteristics does not constitute or imply endorsement, sponsorship or recommendation thereof by NodeFiles.

This provision will suffice for the length of service.


Disclaimer

NodeFiles provides the Service and the Site on an "as is" and "as available" basis without any representations, warranties, covenants or conditions of any kind. NodeFiles does not make any claim that the Service or the Site will be uninterrupted, error-free or completely secure. NodeFiles and its suppliers disclaim any and all warranties and representations (express or implied, oral or written) with respect to the site and the service whether alleged to arise by operation of law, by reason of custom or usage in the trade, by course of dealing or otherwise, including any and all of the following:

  1. Warranties of merchantability.
  2. Warranties of fitness or suitability for any purpose (whether or not NodeFiles is in the knowledge of, or has reason to have knowledge of, has been advised or is otherwise aware of any such purpose.)
  3. Warranties of non-infringement or condition of title.

By your continued patronage, access or general usage of the Service (and all parts thereof) You acknowledge and agree that you have relied on no warranties and both agree & understand that:

  1. The service requires access to and use of the internet.
  2. NodeFiles is not responsible for operating or maintaining your servers and your connection to the internet in order to facilitate your access and utilize the service.
  3. There are inherent risks associated with internet connectivity that could result in the loss of customer data. Under no circumstances shall We assume responsibility for any losses or damages that may have caused by using the Service.

Please note that We reserve the right to remove or replace (without prior notice), any customer data that considered unlawful, liable to compromise the security of the our Service, uses excessive bandwidth or that we deem must be removed.

This provision will suffice for the length of service.


Indemnification

You, at your sole expense, will defend, indemnify and hold NodeFiles and its directors, officers, shareholders, employees, consultants, affiliates and agents (collectively referred to as , "NodeFiles indemnities") not accountable from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims (groundless or otherwise), damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorneys' fees and costs, expert witnesses’ costs and fees, penalties, interest and disbursements) arising from or relating to any suit, action, or proceeding against any NodeFiles indemnities, whether successful or not, caused by, arising out of, resulting from, attributable to or in any way incidental to the following instances:

  1. Any breach by you of the Terms (including, but not limited to, any breach by you of any of your representations or warranties.)
  2. Customer Data (including, but not limited to any violation, misappropriation or infringement of any third party's Intellectual Property Rights or rights of privacy or right of publicity caused by your acts or omissions with respect to Customer Data [or any portion thereof].)
  3. Or your overall conduct.

This provision will suffice for the length of service.


Limitation of Liability

  1. In no event will NodeFiles be liable to you or any third party for any loss of profits, loss of use, revenue, goodwill or any interruption of business, for any indirect, special, incidental, exemplary, punitive or consequential damages of any kind arising out of or in connection with the Terms, the Service, the Site or the Third-Party Content, regardless of the form of action, whether in contract, tort, strict liability or otherwise. This applies even if We have been advised or, are otherwise aware of the possibility of such damages.
  2. In no event will NodeFiles assume total or indeed partial liability arising out of or related to the Terms, the Service, the Site or the Third-Party Content that exceeds the amount paid by you to NodeFiles under the Terms (if applicable).

Multiple claims will not expand this limitation. This section will be given full effect even if any remedy specified in the Terms is deemed to have failed of its essential purpose. This provision will suffice for the length of service.


Termination

You may cease using the Service at any time. We reserve the right to terminate your use of the Site and all areas of the Service if We have sufficient reason to believe that you have breached any of the Terms.


Repeat Infringer Termination Policy

In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, NodeFiles has adopted a policy of terminating subscribers or user accounts who are deemed to be repeat infringer's.

Pursuant to the Terms of Use, users may not store, change, distribute, perform or display works of without original authorship or consent. Users maintain sole responsibility for assuring that they have proper authorization to use copyrighted content. Upon receipt of a valid notice that a user’s account contains infringing material, NodeFiles will immediately disable all access to the material in question, including access to that of the user. In addition, we will also deactivate the sharing function for the account in question until we notify the user via email of the actions taken by NodeFiles in response to the take-down notice. NodeFiles will inform the user that one instance of violation has been put on record for their account under the "Three-Strike" rule of the Repeat Infringer Termination Policy.

The user will be able to reactivate the file-sharing function only after he / she certifies through an electronic signature option on the NodeFiles website, that all copyright infringing material has been removed from the account.

Please note that repeated instances of copyright infringement will result in the permanent suspension and ban of the account as indicated in the above "Three-Strike" rule of the Repeat Infringer Termination Policy. We also its reserve the right to limit access to the Service and/or terminate accounts at our discretion of any users who infringe the Intellectual Property Rights of others, regardless of any repeat infringement.


Copyright Complaints

Click Here to access our DMCA for more information.


Child Abuse and Underage Content

NodeFiles does not tolerate, endorse or allow child pornography and underage content of a sexual nature. Upon retrieval of such content, our support team will act quickly to remove such content and permanently block account of the user who uploaded such content. Please note that accounts found guilty of uploading illegal and indecent imagery or other content will be faced with permanent bans, lack of access to the Site and Service as well as potential legal action from law enforcement agencies.

In these instances we will report such content to the National Center for Missing and Exploited Children and Cybertipline at missingkids.com. We also reserve the right to cooperate with and take actions as advised by local and international law enforcement agencies, to assist them in identifying and prosecuting individuals who are involved in the transmission or dissemination of content containing or relating to child pornography.

If you wish to report any child pornography that has been posted to the NodeFiles servers, please send the file links to for immediate investigation.


Offensive Language Content

In order to maintain an ethical stance against, what we deem immoral and non-permitted on our servers, we have to assure that certain kinds of content are not available. Types with undesirable content (whereby this listing is not exhaustive) include forced sexual acts by means of intoxication, hypnosis etc, pedophilia, bestiality, mutilation, incest, zoophilia and necrophilia. File names that indicate violation against these rules are blocked automatically by our system.


Complaints Policy

Formal complaints must be sent in writing to .


Further Questions?

Should you have any further questions regarding the Terms outlined above, Site or Service please do not hesitate to contact us here.