FPS Bay Terms of Service and Privacy Policy

Updated: Thursday 10th June 2010 in England, UK.

FPS Bay (Free Public Sharing Bay, fpsbay) provides file hosting services for its users based on the following provisions.

General Provisions
(1) FPS Bay provides its users with a free service which allows users to save any files on to the Internet. Once a file is uploaded, the user is given a download link with which his/her file can be downloaded worldwide via the Internet by anyone publicly, acompanied with a deletion link which can be used to delete the file that he/she has uploaded.

(2) All files uploaded to FPS Bay will be treated confidentially. FPS Bay does not provide any kind of search tool for the files that are stored. FPS Bay does not open or view its users files.

(3) FPS Bay services are totally free of charge. However, FPS Bay does sell advertising space to contribute to running costs. The FPS Bay development team are unpaid, all revenue from marketing is used towards running costs or expansion.

Upload Regulations
(1) Aside from a few exceptions, users may save any file, of any type and content on FPS Bay. However, there are some exclusions, such as files that possession and/or circulation of is illegal, including but not limited to:

 - child pornography
 - copyrighted material
 - malicious or harmful software or code (that could harm FPS Bay or it's users)
 - instructions to criminal offences against public peace.

As this list is not conclusive, it is advised that if you are unsure if it is unlawful to upload a particular file to FPS Bay, that you do not.

(2) FPS Bay will delete any files that violate these terms and conditions as soon as we are aware of them.

(3) FPS Bay have the right to block users who violate these upload regulations from using the service.

(4) Users are responsible for the content which they upload to FPS Bay, and will be held liable in the event of any losses that are caused as a result of their violation.

Free Use
(1) FPS Bay provides users with free bandwidth and memory capacity at its sole discretion. It is entitled to temporarily disallow the uploading of new files and to set a maximum file size limit. In order to reduce redundant data, FPS Bay also deletes any files that have not been downloaded using the provided download link for more than 365 days. Files that are downloaded from FPS Bay in any means other than the provided link are not recorded, and do not count as a valid download.

Availability and Data Security
(1) FPS Bay will provide it's services (as stated in this document) in principle, 24 hours a day and seven days a week, however, excluded are time periods in which the servers are not accessible via the Internet due to technical or other problems which are not within FPS Bay's control (third party fault, force majeure, etc.)

(2) FPS Bay attempts to execute maintenance work as quickly as possible. FPS Bay may limit the access to its service temporarily in the event that the security or the functional capability of the network operations requires it imperatively. Should such limitations become necessary (for instance in order to defend against hacker attacks), FPS Bay withold the right to terminate the service, and data at any time without prior notice.

(3) FPS Bay is NOT a backup service. FPS Bay do not guarantee secure backups of your data. FPS Bay will not be held responsible for loss of data. This service enables files to be shared publicly on the Internet, it serves no other purpose. It is advised that you keep your own backups of your files.

In the event that you violate these terms, we are authorized to block your access and delete your files without notice. If you write programs aiming to violate our Conditions of Use, you will be prosecuted and made liable for any losses occurred.

Privacy

Which data does FPS Bay store about the files I upload?
With every upload the following data is stored in addition to the actual file:

 - Unique File ID
 - The IP address of the connection from which the upload is started
 - The date and time that the file is uploaded
 - Status regarding the file (i.e. Uploading, Online, Pending Delete)
 - The number of times which a file has been downloaded using the provided download link
 - A unique 'delete key' generated to enable the user to delete the uploaded file.

Will FPS Bay pass information about uploaders on to third parties?
In most cases, no, your information will never be passed on or sold to any party outside of FPS Bay. However, if we are legally obliged to turn over information about the origin of a file, we will fulfill that obligation. The legal circumstances will be evaluated individually in each case. Without a legal basis, no information will be given to third parties.


Will FPS Bay send any spam or sell my e-mail address or other data?
No.
We do not collect ANY personal data about uploaders or downloaders, only the IP address of the connection used, so we couldn't contact you if we wanted to. We will never need to contact you in any circumstance other than in the event that you violate the terms of service, or that you contact us with an enquirey.

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