1. Acceptance and modification of terms: This agreement (the "Agreement") is entered between You and LeechPack, SRL regarding your use of LeechPack. By using LeechPack, you are entering into this Agreement with LeechPack, SRL and indicating that you agree to be bound by these terms and conditions. LeechPack may revise these Terms of Use and the Privacy Policy from time to time. Each revision will be marked with a revision date and will be posted on the Sites, and LeechPack recommends that you review them from time to time to note any changes. By continuing to access or use the Sites, you agree to be bound by any Terms of Use and Privacy Policy in effect at the time of such access or use. If you do not agree to the modified terms then you must cease to use the Sites or access any Content. LeechPack may modify, suspend, or discontinue, temporarily or permanently, the Sites and may remove, modify, or delete any Content at any time, in its sole discretion.
2. Description of Service: LeechPack is a service from LeechPack, SRL (the "Company") that acts as a proxy or gateway between the filesharing and torrent networks and LeechPack servers. None of the torrent files, peers or content are controlled by LeechPack administrators or servers. The same applies to the filesharing networks. None of the files stored remotely, nor the users that have uploaded them are controlled by LeechPack administrators or servers. LeechPack was mainly designed, created and conceibed for use with publicly available content such as legal torrents, content that falls under the Creative Commons Licence or General Public Licence (GNU). For more information regarding Creative Commons, please visit: http://creativecommons.org/. For more information regarding GNU licence please visit: http://gnu.org. Customer ("You") agrees that any file requested for download to our servers ("User Requested Files") does not harm, alter or is unlawful in any way to any third parties. You agrees as well to receive communications from LeechPack from time to time in your email, such as service messages, administrative messages or commercial messages.
3. Access: In order to use LeechPack, you affirm that you are at least eighteen (18) year of age and/or over the age of majority in the jurisdiction you reside and from which you access LeechPack where the age of majority is greater than eighteen (18) years of age. If you are under the age of 18 and/or under the age of majority in the jurisdiction you reside and from which you access LeechPack, then you are not permitted to use LeechPack.
4. Customer Information: You represent and warrant that the information you provide in LeechPack contact information forms is true, accurate, current and complete. You agree to maintain and update this information to ensure that it is true, accurate, current and complete. If, at any time, any information provided by You is untrue, inaccurate, not current or incomplete, LeechPack will have the right to suspend, restrict or terminate Your account and this Agreement.
5. Acceptable Use Policy: You agree not to use LeechPack service for any unlawful activities including but not limited to:
A. make available any User Requested Files that spreads messages of terror or depicts torture or death-gui; the content will be reported to the appropriate legal authority and/or the member's Internet Service Provider ("ISP") will be contacted;
B. harm minors in any way, this includes any form of child pornography; the User Requested Files will be reported to the appropriate legal authority and/or the member's ISP will be contacted;
C. make available any User Requested Files that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
D. send Unsolicited Bulk Email ("spam"). The sending of any form of spam through LeechPack's servers is prohibited.
E. using any software, program, product, or service that is designed to violate the terms and conditions of this Agreement, which includes, but is not limited to, the facilitation of the means to send spam, initiation of pinging, flooding, mail-bombing, denial of service attacks;
F. provide anonymity to activities which are unlawful, fraudulent, or violate the intellectual property rights of a third party;
G. knowingly or recklessly permit others to use the LeechPack service :
(i) for any unlawful, invasive, infringing, defamatory, or fraudulent purpose;
(ii) to alter, steal, corrupt, disable, destroy, trespass or violate any security or encryption of any computer file, database or network;
(iii) so as to materially interfere with the use of LeechPack's network by other customers or authorized users;
(iv) in violation of the applicable acceptable use policies of Megaupload's backbone providers, provided you have notice of such policies or such policies are publicly available on such backbone providers' websites; or
(v) in a manner which, in LeechPack opinion, is inconsistent with the generally accepted rules of internet etiquette and conduct;
H. hold LeechPack, its suppliers, officers, directors, employees, agents, affiliates or shareholders up to public scorn, ridicule, or defamation. When using LeechPack's Service LeechPack reserves the right to remove or replace any User Requested Files, and assumes no liability for files requested by users onto their dedicated server space. Users registering more than one free account with LeechPack's service will be banned and all accounts and files uploaded will be removed. In short: the following files are considered illegal under this agreement: Files that are illegal and/or are in violation of any United States laws; Files that infringe on the copyrights of any entity excluding the user; Files intending to harass or spam, or promote anything for commercial profit. Requesting illegal files will cause the inmediate deletion of that file and a warning for the user. Repeated infringers will be notified and may have their accounts terminated.
6. Privacy Policy: All information provided by the user is strictly confidential. We may log ip addresses from our users to calculate LeechPack servers' usage. Cookies may be stored in your computer to grant you access to LeechPack service automatically. Your e-mail is safe with us, we will never share, sell or make it public nor send unsolicited messages to your e-mail box. However, LeechPack reserves the right to release your information if you have violated the LeechPack Terms of Service, if you has committed unlawful acts, if the information is subpoenaed, or if LeechPack deems it necessary or appropriate.
7. Limitation of Liability: You agree that the use of LeechPack's services is entirely at Your own risk. LeechPack's services are provided on an "as is" basis without warranties of any kind, either expressed or implied, constructive, or statutory, including, without limitation, any implied warranties of merchantability, non-infringement or fitness for a particular purpose. LeechPack makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of LeechPack's services. In no event shall LeechPack be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use LeechPack's services or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; communication-line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of, or use of any record.
8. Maintenance: LeechPack may perform maintenance services as LeechPack determines reasonably necessary. User acknowledges that such maintenance may require downtime. LeechPack will attempt to provide prior notice of the maintenance downtime, except in the case that circumstances beyond LeechPack's control limit the ability to do so.
9. Indeminifaction: You will indemnify LeechPack and its agents, affiliates, and employees from any liability, loss, or expense (including but not limited to reasonable attorneys’ fees and costs) resulting from any third-party claim or proceeding in which it is alleged that any of the User Requested Files or the use thereof infringes or violates the intellectual property rights, privacy rights, publicity rights, or moral rights of another or is unlawful.
10: Subscriptions and Payments: Basic LeechPack's services are free. If You decide to upgrade to one of our premium membership plans then You will be responsible for managing the subscription via Your PayPal account identified at the time of subscription. Your PayPal account will be billed automatically based on the subscrition terms selected by You at the time of the subscription. You can cancel the subscription at any time using your PayPal account.