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Terms of Use

TotalGamingFiles.com USE AGREEMENT AND ACCEPTABLE USE POLICY - REVISED 11/1/2007

• This TotalGamingFiles.com use agreement and acceptable use policy (the "Agreement" or the "AUP") provides important information about your TotalGamingFiles.com membership, so you should take the time to read and understand it. You may review, save or print any part of this Agreement. We encourage you to print out a copy of this entire document and refer to it as you use TotalGamingFiles.com.

• IMPORTANT: IF YOU CHOOSE TO ACCEPT THIS AGREEMENT, YOU MUST DO SO AS IT IS PRESENTED TO YOU — NO CHANGES (ADDITIONS OR DELETIONS) WILL BE ACCEPTED BY MyInternetServices.com, LLC.

• MyInternetServices.com, LLC may change, add or remove any part of this Agreement, or any part of the TotalGamingFiles.com services and features, including price, at any time. If it does so, MyInternetServices.com, LLC will post such changes on the TotalGamingFiles.com site.

• IF ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU SHOULD DISCONTINUE USING TotalGamingFiles.com. YOUR CONTINUED USE OF TotalGamingFiles.com NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY SUCH CHANGES, WILL INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT, AND OF ANY SUCH CHANGES.

USING TotalGamingFiles.com

• To use a TotalGamingFiles.com account, you must be at least 13 years old (or, for non-U.S. users, such older minimum age as may be required by applicable local law). If you are under the required age, you may still use TotalGamingFiles.com (subject to applicable local non-U.S. law), but only if the account you are using was created and registered by your parent or legal guardian.

• This Agreement is a legal document that sets forth your rights and obligations as a TotalGamingFiles.com user. You cannot use TotalGamingFiles.com until you have accepted the terms of this Agreement, and you must abide by the terms of this Agreement in order to have the right to use TotalGamingFiles.com.

• When you accept this Agreement and complete the TotalGamingFiles.com registration process, you become the account holder. As a TotalGamingFiles.com account holder, MyInternetServices.com, LLC provides you with a limited, non-exclusive license for no more than the term of your membership (or, if you are a trial or free user, for the term of your trial or free period) to use the member name and password provided to you for your account. Your member name, when confirmed by MyInternetServices.com, LLC, is your on-line identity. Do not reveal your password to other users. Your account could be disabled and cancelled if it appears to have been compromised. Your account is your responsibility.

• As used in this Agreement, "Content" means the text, software, communications, images, sounds, and all other information and materials you generate, download, upload, or otherwise encounter through your account or on-line through the Internet.

TRIAL OR FREE PERIOD USE

• At time of this revision (11/1/2007), there is no defined term or period for trial or free usage of TotalGamingFiles.com. In the event that trial or free users of TotalGamingFiles.com are able to generate, post, or otherwise upload content to TotalGamingFiles.com, such users will be subject to "Authorization to Remove Content", below.

• If you are not ready to become a TotalGamingFiles.com member, you may wish to use a "trial or free" version of TotalGamingFiles.com. Some features of TotalGamingFiles.com may not be available in the "trial or free" version, or the functionality of available features in the "trial or free" version may be limited. During this trial or free period, you agree that MyInternetServices.com, LLC will have the right (subject to applicable local non-U.S. law) to send you communications, notices and news about TotalGamingFiles.com, either to the email address you have given us. (Local non-U.S. law may allow you to revoke your consent to receiving these communications at any time during the trial or free period.) You will also be subject to the provisions of this Agreement during any trial or free period. If you do not become a member prior to the end of your trial or free period, your access to TotalGamingFiles.com may be terminated and any content you have stored on TotalGamingFiles.com may be removed. (See "Authorization to Remove Content", below.) Any information you have given us with respect to your trial or free period use will be in our system, and it will be subject to the terms of the TotalGamingFiles.com Privacy Policy. Any individual features of TotalGamingFiles.com you may have used during the trial or free period, which are subject to separate software licenses, will also be terminated as provided in those license agreements.

TERMS

• "Prior Notice" means a change made to these Terms of Service and posted to the TotalGamingFiles.com website or an email sent to the email address we have on file for your Account.

• "Content" means data and/or files stored on TotalGamingFiles.com.

NOTICES

• MyInternetServices.com, LLC may give notice to any TotalGamingFiles.com user by sending an e-mail message to the email address as registered on to the user's account or by sending a letter via postal mail to the billing address listed in the user's TotalGamingFiles.com registration.

PAYMENT

• If you elect to become a TotalGamingFiles.com member, you agree to pay all charges for TotalGamingFiles.com at the prices set forth on the TotalGamingFiles.com site and upon the terms set forth on that site and in this Agreement. All charges are exclusive of any value added tax ("VAT"), sales tax or other taxes, except as required by applicable law. MyInternetServices.com, LLC reserves the right to change prices or to institute new charges for TotalGamingFiles.com or any portion of TotalGamingFiles.com at any time, upon Prior Notice. Price changes and institution of new charges implemented during your membership period will apply to subsequent membership periods and, at the sole discretion of MyInternetServices.com, LLC , to all new TotalGamingFiles.com users after the effective date of the change. All pricing changes will be posted on the TotalGamingFiles.com site, and such posting shall be considered sufficient notice to you of such changes. You are responsible for regularly reviewing pricing information as posted so that you have notice of such changes. Your continued use of TotalGamingFiles.com, or your failure to terminate your membership, Prior Notice will constitute your acceptance of the terms and prices for subsequent membership periods.

• Consult your TotalGamingFiles.com account management page for details on billing currency for services purchased on-line. Invoices will be provided electronically via e-mail to the address for the user account. You also agree that MyInternetServices.com, LLC may automatically charge your credit card for renewal of your membership without further authorization from you, unless and until you provide MyInternetServices.com, LLC with at least five (5) days prior notice that you do not wish to renew your membership to TotalGamingFiles.com or that you wish to change your previously designated credit card account. You may provide notice that you do not wish to renew your TotalGamingFiles.com membership by visiting your TotalGamingFiles.com account settings page.

• If payment is not received by MyInternetServices.com, LLC from your credit card issuer or its agents, due to insufficient funds or insufficient credit and you have not cancelled your TotalGamingFiles.com membership prior to this time, you agree to pay all amounts due from you for your TotalGamingFiles.com membership, upon demand by MyInternetServices.com, LLC.

AVAILABILITY OF THE SERVICE

• While MyInternetServices.com, LLC makes reasonable efforts to ensure that TotalGamingFiles.com is available at all times, MyInternetServices.com, LLC does not guarantee, represent or warrant that TotalGamingFiles.com services will be uninterrupted or error-free, and MyInternetServices.com, LLC does not guarantee that users will be able to access or use all the TotalGamingFiles.com features at all times.

• Subject to any specific license agreements for various TotalGamingFiles.com software features (including third party software), MyInternetServices.com, LLC may change, suspend or discontinue any (or all) aspects of TotalGamingFiles.com at any time, including the availability of any TotalGamingFiles.com feature. MyInternetServices.com, LLC may also impose limits on the use of or access to certain features or portions of TotalGamingFiles.com, or restrict your access to any part or all of TotalGamingFiles.com, in all cases without notice or liability. You must read and accept any separate software or other license agreement or terms of use for particular products, services or features of TotalGamingFiles.com, if you elect to use those products, services or features.

• MyInternetServices.com, LLC also does not guarantee or warrant that any Content you may have in your account at TotalGamingFiles.com will not be subject to inadvertent damage, corruption or destruction. You are responsible for backing up, on your own computer, any important documents, images or other Content. If any data, messages, images or other Content in your account and stored on the TotalGamingFiles.com system is damaged, lost or corrupted in any way, MyInternetServices.com, LLC will have no obligation or liability to you except as otherwise expressly set forth in any applicable individual software license agreement for any particular TotalGamingFiles.com feature or service.

ACCEPTABLE USE POLICY GUIDELINES

• MyInternetServices.com, LLC encourages TotalGamingFiles.com users to participate in the on-line world to express their views and to benefit from the interactive experience. However, it is important to remember that there are rules and standards that you must abide by when you use TotalGamingFiles.com, whether you are using TotalGamingFiles.com on a trial or free basis or as a paying member. These rules and standards are described in this Agreement. As a TotalGamingFiles.com user, you agree to comply with this Agreement, and you acknowledge that MyInternetServices.com, LLC has the right to enforce this Agreement in its sole discretion. This means that if you, or anyone using your TotalGamingFiles.com account (including anyone using any sub-account you may establish under your main account), violate the terms of this Agreement, MyInternetServices.com, LLC may take any and all appropriate actions—this can range from the issuance of a warning about a violation to the termination of your access privileges for TotalGamingFiles.com to legal action—as MyInternetServices.com, LLC deems necessary or appropriate. MyInternetServices.com, LLC is not required to provide notice prior to terminating your TotalGamingFiles.com access for violating these rules and standards, but it may choose to do so.

• You are solely responsible for your conduct, and the conduct of anyone using your account while using TotalGamingFiles.com, including the contents of all messages generated or forwarded, and all Content in any folders, profile pages or other transmissions, information, images or other interactions generated, transmitted or maintained on or through your TotalGamingFiles.com account. MyInternetServices.com, LLC will not be responsible or liable in any way for any such on-line distribution or publication. MyInternetServices.com,LLC is not responsible for reviewing messages or other content which may be generated or posted on or through your account (although MyInternetServices.com, LLC reserves the right to monitor members' use of TotalGamingFiles.com—see "Investigations", below), and MyInternetServices.com, LLC will not be responsible for anything in any of those messages or Content.

• MyInternetServices.com, LLC reserves the right to delete, move or edit any item that MyInternetServices.com, LLC, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise illegal, inappropriate or unacceptable, including any material MyInternetServices.com, LLC believes may subject MyInternetServices.com, LLC to any liability or which may cause MyInternetServices.com, LLC to lose the services of any supplier, including but not limited to any Internet Service Providers (ISPs) which may provide services to TotalGamingFiles.com users.

• Your use of TotalGamingFiles.com should conform to the requirements of the law, respect for the rights of other users of TotalGamingFiles.com and third parties, and current standards for communicating on-line. By your use of TotalGamingFiles.com, you agree to use appropriate conduct and language when you are online—this includes (but is not limited to) following the rules of any ISP, any other on-line services, this Agreement and all applicable state, local and federal laws (including non-U.S. law where appropriate).

• MyInternetServices.com, LLC reserves the right to terminate your access to TotalGamingFiles.com at any time, with cause or without cause, in the event of any breach of this Agreement by you (or anyone using your account), your infringement of MyInternetServices.com, LLC's or TotalGamingFiles.com's or others' intellectual property, or any other circumstances which, in MyInternetServices.com, LLC's sole discretion, merit termination. Any such termination may, if MyInternetServices.com, LLC elects (and subject to applicable law), be without any refund to you of any prepaid fees or amounts.

• Inappropriate conduct falls into a number of categories. The more commonly understood categories are discussed below, although this list is not exclusive.

ILLEGAL, TORTIOUS AND PROHIBITED CONDUCT

• TotalGamingFiles.com may be used only for lawful and proper purposes. The laws and rules that apply in the off-line world must be obeyed on-line as well. Posting, transmitting, promoting, using, distributing or storing Content that could subject MyInternetServices.com, LLC to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control laws. If MyInternetServices.com, LLC elects to terminate your right to use TotalGamingFiles.com as a result of any illegal or prohibited conduct, MyInternetServices.com, LLC may elect, in its sole discretion (subject to applicable law), not to refund any prepaid fees or other amounts to you.

• Examples of prohibited conduct are:

  • Publicly posting obscene content (including child pornography)
  • Planning illegal activity, such as building a bomb or counterfeiting money
  • Advertising a lottery, ammunition, firearms, tobacco, alcohol, illegal drugs and drug-related paraphernalia
  • Pretending to be anyone you are not—you may not impersonate or misrepresent yourself as another person (including celebrities, game developers, creators of alternative Operating systems that begin with the letter L, or owners of popular humor websites with 6 character nicknames beginning with the letter L), another TotalGamingFiles.com user, an MyInternetServices.com, LLC employee, or a civic or government leader; MyInternetServices.com, LLC reserves the right to reject or block any TotalGamingFiles.com user name which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person's name or identity
  • Using false statements to get, or to attempt to get, account information or other private information from other TotalGamingFiles.com or Internet users
  • Engaging in copyright infringement or other intellectual property infringement, or disclosing trade secret or confidential information in violation of a confidentiality or nondisclosure agreement

• If you believe that illegal, tortious or other prohibited Content is being transmitted through any TotalGamingFiles.com service, you may report it by using the "Illegal Content Report" option on the TotalGamingFiles.com Contact page.

• MyInternetServices.com, LLC reserves the right to cooperate with law enforcement authorities, including complying with warrants, court orders and subpoenas. If MyInternetServices.com, LLC decides to investigate or resolve possible misuse involving you or anything you do on TotalGamingFiles.com, MyInternetServices.com, LLCis entitled to disclose any information about you in MyInternetServices.com, LLC's possession in connection with your use of TotalGamingFiles.com and anything you do with TotalGamingFiles.com to law enforcement or other government officials, as MyInternetServices.com, LLC in its sole discretion believes to be necessary or appropriate. By your acceptance of this Agreement and your use of TotalGamingFiles.com, you authorize MyInternetServices.com, LLC to take any such actions.

OBJECTIONAL CONDUCT AND CONTENT

• It is essential that all Content on TotalGamingFiles.com reflect the provisions of this Agreement. MyInternetServices.com, LLC reserves the right to remove Content if MyInternetServices.com, LLC becomes aware of any Content in any TotalGamingFiles.com area which, in MyInternetServices.com, LLC's judgment, does not conform to this Agreement. MyInternetServices.com, LLC may send you a warning about the violation of this Agreement if your TotalGamingFiles.com account was responsible for putting objectionable Content on-line, but we reserve the right not to do so. At all times, MyInternetServices.com, LLC reserves the right to terminate, with or without notice, the accounts of TotalGamingFiles.com users who violate this Agreement. In such case, you will not be entitled to any refund of your annual membership fee or of any additional fees you may have paid for upgraded services (subject to applicable law).

• Examples of objectionable conduct and content that violate the TotalGamingFiles.com acceptable use policy are:

  • Harassing, threatening, or embarrassing another TotalGamingFiles.com or Internet user, including unsolicited commercial communications
  • Stalking another TotalGamingFiles.com or Internet user ("cyberstalking")
  • Transmitting, storing or facilitating distribution of Content that is harmful, abusive, violent, racially or ethnically offensive, lewd, vulgar or (in a reasonable person's view) objectionable
  • If you are an adult, requesting personal or other information from a minor (any person under the age of 18 or, in non-U.S. areas, such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip code, telephone number, picture, or the names of the minor's school, church, athletic team or friends
  • Posting Content that defames, abuses or threatens physical harm to others or yourself

• Please remember that these are only guidelines; there are always "gray areas." Ask yourself if your communication is something that you would say in a room full of people you never met, or in the workplace. However, MyInternetServices.com, LLCreserves the right to make the final determination about whether Content is objectionable or not.

• If you encounter something you find inappropriate, you may report it by filling out the form on the TotalGamingFiles.com Contact page.

COPYRIGHT AND INTELLECTUAL PROPERTY INFRINGEMENT

• Much of the Content available through TotalGamingFiles.com is owned by others, and is protected by copyrights, trademarks, rights of publicity and other intellectual property rights. Before you upload or download any Content while using TotalGamingFiles.com, make sure you have been given the legal right to do so by the owner of the content.

  • You must not copy, transmit, modify, distribute, show in public or in private, or create any derivative works from any of the Content you find through TotalGamingFiles.com, unless you have the legal right to do so; and
  • You must not make available serial numbers for software for the purpose of illegally validating or registering software.

• Making unauthorized copies of any Content can lead to the termination of your TotalGamingFiles.com access (without any refund of any prepaid fees or other amounts, subject to applicable law) and may even subject you to legal action. In addition, the owner of the Content may take criminal or civil action against you. If a Content owner takes legal action against MyInternetServices.com, LLC because of your unauthorized use of Content, you agree (to the extent permitted by applicable law) to hold harmless and indemnify MyInternetServices.com, LLC, its subsidiaries, affiliates, related companies, employees, officers, directors, agents and suppliers against any liability, claims, or demands, including the costs of MyInternetServices.com, LLC hiring attorneys to defend against the action.

• By submitting or posting Content on areas of TotalGamingFiles.com accessible by the public, you are representing that you are the owner of such material or have authorization to distribute it. You hereby grant MyInternetServices.com, LLC a worldwide, royalty-free, non-exclusive license to reproduce, modify, adapt and publish any such public area Content solely for the purpose of displaying, distributing and promoting the area on which such Content is posted. Said license will be in effect only as long as you are a TotalGamingFiles.com account holder (including any trial or free period use), and will terminate upon removal of such Content from the public area or when you are no longer a TotalGamingFiles.com member or user, whichever happens first.

• If you believe that any Content in which you claim copyright has been infringed by anyone using TotalGamingFiles.com, please contact MyInternetServices.com,LLC's agent (see below), and provide the following information, as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. 512):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyright work claimed to have been infringed, or (if multiple copyrighted works at a single on-line site are covered by a single notification) a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit MyInternetServices.com, LLC to locate the material;
  • Information reasonably sufficient to permit MyInternetServices.com, LLC to contact the complaining party;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

• MyInternetServices.com, LLC's copyright agent for notice of claims of copyright infringement on or regarding TotalGamingFiles.com can be reached as follows:

• By email: TotalGamingFiles.com@myiscorp.com

• By mail:
  Copyright Agent re: TotalGamingFiles.com
  MyInternetServices.com LLC
  1705 Spruce Street
  South Pasadean, CA 91030

• Phone: 213-327-0886
  

VIOLATIONS OF NETWORK AND SECURITY

• Violations of system and network security are prohibited, and may result in criminal and civil liability. MyInternetServices.com, LLC will investigate incidents involving such violations and will report any suspected criminal activity to and cooperate with law enforcement. Examples of system and network security violations include the following:

  • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express authorization of the owner of the system or network
  • Unauthorized monitoring of data or traffic on any network or system without the express authorization of the owner of the system or network
  • Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks
  • Falsifying your user identity or providing other false information to MyInternetServices.com, LLC or to other users of TotalGamingFiles.com in connection with your use of TotalGamingFiles.com or any feature of TotalGamingFiles.com
  • Posting viruses or software designed to create a virus or to do harm to TotalGamingFiles.com, any TotalGamingFiles.com members or users of TotalGamingFiles.com, or any network
  • Taking any other action to disrupt the normal use of TotalGamingFiles.com or the Internet by other users

• TotalGamingFiles.com has been designed primarily for personal use. TotalGamingFiles.com is not intended to be used to host e-commerce businesses for marketing, promotions and sales (including, without limitation, software distribution) over the Internet unless via separate business arrangement with MyInternetServices.com, LLC. TotalGamingFiles.com accounts are also not intended to be used for FTP access and downloading. TotalGamingFiles.com accounts and the features and services which make up TotalGamingFiles.com are limited in terms of the bandwidth for network traffic and disk utilization for storage allocated to them, as described in the TotalGamingFiles.com feature pages. Exceeding any applicable limitation of bandwidth or capacity is prohibited. If there is excess usage on your account, determined at MyInternetServices.com, LLC's sole discretion, MyInternetServices.com, LLC reserves the right to temporarily disable access to information available from your account through a URL. Repeated violations may result in termination of your account.

• In addition to the TotalGamingFiles.com account limitations on bandwidth and disk utilization, certain commercial or business uses are prohibited, including the following:

  • Soliciting for advertisers or sponsors
  • Posting sponsorships and third-party advertisements and banners
  • Reselling, renting or subleasing TotalGamingFiles.com space under any circumstance
  • Using or providing to any third person or entity, whether or not for a fee, any directory of or information regarding TotalGamingFiles.com users other than for personal, non-commercial purposes

INVESTIGATIONS

• MYINTERNETSERVICES.COM, LLC RESERVES THE RIGHT (SUBJECT TO APPLICABLE LOCAL LAW), IN ITS SOLE DISCRETION, TO MONITOR ALL TotalGamingFiles.com FEATURES AND CONTENT, INCLUDING BUT NOT LIMITED TO A USE OF AN ACCOUNT FOR THE PURPOSE OF INVESTIGATING VIOLATIONS OF THIS AGREEMENT.

• When MyInternetServices.com, LLC becomes aware of possible violations, MyInternetServices.com, LLC may initiate an investigation, which may include gathering information from any TotalGamingFiles.com user or account involved, any third party and any complaining party.

• During the investigation, MyInternetServices.com, LLC may suspend or terminate any or all of a user's TotalGamingFiles.com accounts involved and/or remove the Content involved from MyInternetServices.com, LLC's system. If MyInternetServices.com, LLC believes, in its sole discretion, that a violation of this Agreement has occurred, it may take responsive action, including but not limited to permanent removal of illegal or inappropriate Content from the TotalGamingFiles.com system, warnings to the TotalGamingFiles.com user(s), and the suspension or termination of the account or accounts responsible.

• If, as a result of any such investigation, MyInternetServices.com, LLC believes that any criminal activity has occurred, MyInternetServices.com, LLC reserves the right to refer the matter to, and to cooperate with, any and all appropriate law enforcement authorities.

• BY BECOMING A TotalGamingFiles.com USER, YOU AGREE (TO THE EXTENT PERMITTED BY APPLICABLE LAW) TO WAIVE ANY CLAIMS YOU MAY HAVE AGAINST MYINTERNETSERVICES.COM, LLC, AND TO HOLD MYINTERNETSERVICES.COM, LLC HARMLESS AND INDEMNIFY MYINTERNETSERVICES.COM, LLC WITH RESPECT TO ANY CLAIMS, RELATING TO ANY ACTION TAKEN BY MYINTERNETSERVICES.COM, LLC AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE MYINTERNETSERVICES.COM, LLC OR RECOVER ANY DAMAGES WHATSOEVER FROM MYINTERNETSERVICES.COM, LLC AS A RESULT OF ITS DECISION TO REMOVE MATERIAL FROM THE TotalGamingFiles.com SYSTEM, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR TotalGamingFiles.com ACCOUNT, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF MYINTERNETSERVICES.COM, LLC'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

AUTHORIZATION TO REMOVE CONTENT

• MyInternetServices.com, LLC reserves the right to disable your access to TotalGamingFiles.com and to permanently remove any Content you may have stored on TotalGamingFiles.com

  • At the end of any trial or free period, if you do not elect to become a paid TotalGamingFiles.com member.
  • Upon expiration of your membership period, if you do not renew, or upon cancellation of your membership.
  • If your credit card is declined upon renewal of your membership or when you elect to become a member after a trial or free period, or if your card issuer (or its agent or affiliate) seeks return of payments previously made to MyInternetServices.com, LLC.

DISCLAIMER OF WARRANTIES; LIABILITY LIMITATIONS

• YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE TotalGamingFiles.com SERVICES ARE AT YOUR SOLE RISK. TotalGamingFiles.com SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

• MYINTERNETSERVICES.COM, LLC DOES NOT GUARANTEE THAT ANY CONTENT, INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE THROUGH FILECLOUD WILL BE FREE OF VIRUSES, "WORMS", "TROJAN HORSES", OR OTHER HARMFUL COMPONENTS. OOKLA'S ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICES PROVIDED BY TotalGamingFiles.com SHALL BE CANCELLATION OF YOUR ACCOUNT.

• IN NO CASE SHALL MYINTERNETSERVICES.COM, LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF TotalGamingFiles.com OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR TotalGamingFiles.com USE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, MYINTERNETSERVICES.COM, LLC'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

• EXCEPT AS EXPRESSLY SET FORTH IN ANY SEPARATE SOFTWARE LICENSE OR IN THIS AGREEMENT, MYINTERNETSERVICES.COM, LLC DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD-PARTY PRODUCT OR SERVICE OFFERED THROUGH TotalGamingFiles.com AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD PARTIES THROUGH TotalGamingFiles.com. YOU HEREBY RELEASE MYINTERNETSERVICES.COM, LLC FROM ANY AND ALL OBLIGATIONS, LIABILITY AND CLAIMS IN EXCESS OF THESE LIABILITY LIMITATIONS.

U.S. EXPORT CONTROLS

• You agree to abide by U.S. and other applicable export control laws and not to transfer from the U.S., by electronic transmission or otherwise, any Content or software subject to restrictions under such laws to a destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to your TotalGamingFiles.com account any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this Agreement.

LEGAL PRINCIPLES

• This Agreement represents your entire agreement with MyInternetServices.com, LLC with respect to TotalGamingFiles.com. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, as a TotalGamingFiles.com user, and MyInternetServices.com, LLC.

• If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Except as required by applicable non-U.S. local or national law, the laws of the State of California, United States of America, excluding its conflicts of law rules, govern this agreement and your use of TotalGamingFiles.com. Your conduct and use of TotalGamingFiles.com may be subject to other local, state, national (U.S. and non-U.S.), and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with MyInternetServices.com, LLC regarding TotalGamingFiles.com or relating in any way to your account or your use of TotalGamingFiles.com resides in the courts of the State of California. You further agree and expressly consent to the exercise of personal jurisdiction in the California courts in connection with any such dispute, including any claim involving MyInternetServices.com, LLC or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers with respect to TotalGamingFiles.com.

FOR NON-U.S. FILECLOUD USERS

• THE TotalGamingFiles.com SERVICE IS PROVIDED BY MYINTERNETSERVICES.COM, LLC, A CALIFORNIA COMPANY, AND NOT BY ANY OF ITS SUBSIDIARIES OR AFFILIATES, AND IT IS BASED IN THE UNITED STATES. THE PERSONAL INFORMATION WHICH YOU GIVE MYINTERNETSERVICES.COM, LLC WILL BE USED TO ESTABLISH YOUR ACCOUNT (WHETHER A TRIAL OR FREE ACCOUNT OR OTHERWISE) WILL BE TRANSFERRED TO AND MAINTAINED IN TotalGamingFiles.com RECORDS IN THE UNITED STATES. IF YOU DO NOT CONSENT TO THIS TRANSFER, DO NOT ACCEPT THE TERMS AND CONDITIONS FOR THE TotalGamingFiles.com SERVICE.

Copyright 2007 MyInternetServices.com, LLC All Rights Reserved