1 Welcome to iTorrent. We are an Internet services provider and provide services made available at our website at https://www.itorrent.hu, subdomains and related sites ("website").
2 These terms are binding and apply to any use of the services and website by you and anyone that you allow to access your data or our services. By using our services or the website, you and they irrevocably agree to these terms. If you do not like these terms or don't want to be bound, you can't use our services and the website.
3 We can change these terms at any time and we will provide you notice of the change, whether via our website, by sending you an email or via any messaging service we provide. Your continued use after that notice means that you agree to the changed terms.
4 If you comply with these terms, then we grant you a non-exclusive, non-transferable, worldwide licence to access and use our service via the website in accordance with these terms and any plan you have subscribed for.
5 The license that we give you to use the website and our services does not give you the right, and you can't reproduce or use any of our copyright, intellectual property or other rights other than for the purposes of using the services and the website or as allowed under any open source licences under which we use intellectual property provided by others. The open source code that we use, where we obtained it, and licences for that code are all referenced in our FAQ.
6 You are not allowed to, and you can't let anyone else, copy, alter, distribute, display, licence, modify or reproduce, reverse assemble, reverse compile (whether digitally, electronically, by linking, or in hard copy or by any means whatsoever) or use any of our copyright, intellectual property or other rights without getting our permission first in writing, unless in order to use our services and the website or as allowed under any open source licences under which we use intellectual property provided by others. The open source code that we use, where we obtained it, and licences for that code are all referenced in our FAQ.
7 You own, or warrant that you are authorised to use, any intellectual property in any data you store on, use, download, upload or otherwise transmit to or from, our service. You grant us a worldwide, royalty free licence to use, store, back-up, copy, transmit, distribute, communicate and otherwise make available, your data, for the purposes of enabling you and those you give access to, to use the website and the services and for any other purpose related to provision of the services to you.
What you can't do
8 You can't:
8.1 assign or transfer any rights you have under these terms to any other person without getting our written agreement;
8.2 do anything that would damage, disrupt or place an unreasonable burden on our website or service or anyone else's use of our website or a service including but not limited to denial of service attacks or similar;
8.3 infringe anyone else's intellectual property (including but not limited to copyright) or other rights in any material.
8.4 resell or otherwise supply our services to anyone else without our prior written consent;
8.5 use our website or a service, including, without limitation, any communication tools available through the website, or any forum, chat room or message centre that we provide:
8.5.1 to store, use, download, upload or otherwise transmit, data in violation of any law (including to breach copyright or other intellectual property held by us or anyone else);
8.5.2 to send unwelcome communications of any kind (including but not limited to unlawful unsolicited commercial communications) to anyone (e.g. spam or chain letters);
8.5.3 to abuse, defame, threaten, stalk or harass anyone;
8.5.4 to store, use, download, upload or otherwise transmit, unsuitable, offensive, obscene or discriminatory information of any kind;
8.5.5 to run any network scanning software, spiders, spyware, robots, open relay software or similar software;
8.5.6 to upload anything or otherwise introduce any spyware, viruses, worms, trojan horses, time bombs or bots or any other damaging items which could interfere with our, or anyone else's, network or computer system;
8.5.7 to use any software or device which may hinder the services (like mail bombs, war dialing, pinging etc.);
8.5.8 to attempt to gain unauthorised access to any services other than those to which you have been given express permission to access; or
8.5.9 to try to trick or defraud anyone for any reason (e.g. by claiming to be someone you are not).
9 If you register with us, we will provide you with a password to associate with your specific username. You need to make sure your username and password is secure and confidential. Make sure you tell us straight away if you think or know someone else has used your password or there has been any other security breach. We will hold you responsible for anything done using your username and password. MAKE YOUR PASSWORD A STRONG ONE AND KEEP IT SECURE.
10 We respect the copyright of others and require that users of our services comply with the laws of copyright. You are strictly prohibited from using our services to infringe copyright. You may not upload, download, store, share, display, stream, distribute, e-mail, link to, transmit or otherwise make available any files, data, or content that infringes any copyright or other proprietary rights of any person or entity.
We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied or used in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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 us to locate the material including for example the uniform resource locator(s) (URL); (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have 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 (vi) a statement that the information in the notification is accurate, and, under penalty of perjury (unless applicable law says otherwise), that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove data alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will will also terminate your account if you are determined to be a repeat infringer.
Copyright Counter Notices
11 To file a counter-notification with us, you must provide a written communication to info[at]itorrent.hu that sets forth the items specified below. Please understand that filing a counter-notification may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process. The location of the original claimant, and whether or not it was submitted under United States law (governed by the United States Digital Millennium Copyright Act, Section 512 g), determines which if any type of counter-notification you may file. A counter-notification must include at least the following specific elements and any other elements required by applicable law: Identification of the specific URLs of material that has been removed or to which access has been disabled. Your full name, address, telephone number, email address and the username of your iTorrent account. The statement "I will accept service of process from the person who provided iTorrent with the original copyright complaint or an authorised agent of such person." The statement: "I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled." Signature. A scanned physical signature or a valid electronic signature will be accepted. We can only accept a counter-notification directly from the user from whose account a URL or file has been disabled. For verification, we require that counter-notifications be submitted from the email address associated with the account. Our preferred method of counter-notification submission is via email to info[at]itorrent.hu. After we receive your counter notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter notification, it includes your personal information. By submitting a counter notification, you consent to having your information revealed in this way.
If you are filing the counter notice under the DMCA please add the following elements to your counter notice: State that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which your address is located; State that you will accept service of process from the person (or an agent of such person) who provided the DMCA Notice to us. Include the following statement above your signature: "I swear under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled".
Suspension and Termination
12 You can terminate your access to the website and our services at any time by sending an email to info[at]itorrent.hu requesting termination. However, we will not provide any part- refund for any time not used on any subscription you may have.
13 We can immediately suspend or terminate your access to the website and our services without notice to you if you breach any of these terms or any other agreement you have with us. If you are not a registered user, we may suspend or terminate your access to website and our service at any time, without notice to you.
14 We may also terminate or suspend our services or any part of our services, for all users or for groups of users, at any time and for any reason or no reason.
15 All charges outstanding on your account must be paid at termination.
16 As with any other web-based forum, you must exercise caution when using any communication tools available on the website. However, while we are not obligated to, we have the right to remove any communication at any time, for any reason or no reason, without any liability to you.
17 You may not use, export, re-export, import, or transfer any software or code suplied as part of your use of the website or our services: (a) to anyone listed as a specifically prohibited recipient by the United States Government. By using the website and our services, you represent and warrant that you are not located in any such country or on any such list. You also will not use the website or our services for any purpose prohibited by United States or any other law, including, without limitation, the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons.
Severability and Waiver
18 If any provision of these terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. If we do not enforce any right or provision of these terms or if we in any instance grant any concession or indulgence, that will not be deemed a waiver of such right or provision or obligate us to grant any concession or indulgence to anyone else.
19 We will not be liable by reason of any failure or delay in the performance of our obligations because of events beyond our reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labour conditions, earthquakes, material shortages, extraordinary internet congestion or extraordinary connectivity issues or failure of a third party host, (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, we will be excused from any further performance of the obligations which are affected by that Force Majeure Event for so long as the event continues.
20 WE DON'T GIVE YOU ANY WARRANTY OR UNDERTAKING ABOUT THE SERVICES OR THE WEBSITE WHICH ARE PROVIDED "AS IS". TO AVOID DOUBT, ALL IMPLIED CONDITIONS OR WARRANTIES ARE EXCLUDED AS MUCH AS IS PERMITTED BY LAW, INCLUDING (WITHOUT LIMITATION) WARRANTIES OF MERCHANTABILITY, FITNESS FOR PURPOSE, SAFETY, RELIABILITY, DURABILITY, TITLE AND NON-INFRINGEMENT.
21 We will try to give you access to our website all the time, but we do not make any promises or provide you with a warranty that our website or the services will be without any faults, bugs or interruptions.
22 Whilst we intend that the services should be available 24 hours a day, seven days a week, it is possible that on occasions the website or services may be unavailable to permit maintenance or other development activity to take place or be periodically interrupted for reasons outside our control.
23 Information on our website will change regularly. We will try to keep our website up to date and correct, but again, we do not make any promises or guarantees about the accuracy of the information on our website.
24 We do not warrant that the services will meet your requirements or that they will be suitable for any particular purpose. It is your sole responsibility to determine that the services meet the needs of your business or otherwise and are suitable for the purposes for which they are used.
25 We also aren't legally responsible for:
25.1 any corruption or loss of data or other content which you or anyone else may experience after using our website, or any problems you may have when you view or navigate our website;
25.2 devices or equipment that we do not own or have not given you;
25.4 any actions or non-actions of other people which disrupt access to our website including the:
25.4.1 content of any data;
25.4.2 content of ads appearing on our website (including links to advertisers' own websites) as the advertisers are responsible for the ads (we don't endorse the advertisers' products);
25.4.3 content of other people's websites even if a link to their website is included on our website (we just include the links for convenience to you).
LIMITATION OF LIABILITY AND INDEMNITY BY YOU
26 TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE (THIS INCLUDES OUR EMPLOYEES, OFFICERS, AGENTS AND AUTHORISED RESELLERS) ARE NOT LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY OR ON ANY OTHER GROUNDS TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGE, LOSS, COST OR EXPENSE, DAMAGE TO PROPERTY, INJURY TO PERSONS, LOSS OF PROFITS, LOSS OF DATA OR REVENUE, LOSS OF USE, LOST BUSINESS OR MISSED OPPORTUNITIES, WASTED EXPENDITURE OR SAVINGS WHICH YOU MIGHT HAVE HAD, DENIAL OF SERVICE OR ACCESS TO OUR WEBSITE, OCCURRING DIRECTLY OR INDIRECTLY FROM THE USE OR ABILITY OR INABILITY TO USE, OR RELIANCE ON, OUR WEBSITE, OR THE SERVICE AND BASED ON ANY TYPE OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE.
27 YOU SHALL INDEMNIFY US AGAINST ALL CLAIMS, COSTS (INCLUDING ALL OUR LEGAL COSTS), EXPENSES, DEMANDS OR LIABILITY, DAMAGES AND LOSSES WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHERWISE, AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING IN EACH CASE NEGLIGENCE), OR EQUITY OR OTHERWISE, ARISING DIRECTLY OR INDIRECTLY FROM BREACH BY YOU OR ANYONE YOU GIVE ACCESS TO YOUR DATA, OF ANY OF THESE TERMS.
28 IF YOU ARE NOT SATISFIED WITH THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THESE TERMS
29 DESPITE THE ABOVE, IF ANY COURT HOLDS US (THIS INCLUDES OUR OFFICERS, STAFF AND AGENTS) LIABLE FOR ANY MATTER RELATED TO THESE TERMS OR OUR SERVICES, OUR TOTAL COMBINED LIABILITY WILL BE LIMITED TO THE SUM OF YOUR MONTHLY FEES PAID BY YOU FOR THE PREVIOUS MONTH.
Information and Privacy
30 We reserve the right to disclose data and other information as required by law.
32 You can contact us by writing to info[at]itorrent.hu If we need to contact you or provide you with Notice we will email you at the email address you gave us when you set up your access to the services and/or through any internal messaging system we provide.
Rights to Third Parties
33 Employees, officers, agents, authorised suppliers of services to and authorised resellers of, our services, are entitled to the benefit of all indemnities and other provisions of these terms which are for the benefit of iTorrent.