Well then i must conclude that you can't read, it applies to all content.
This is my last reply to you since you aren't able to express yourself without personal insult. NO, it does not apply to all content. There are two separate sections, for copyright infringement and for other shady stuff.
There is no such fee under:
2. NO COPYRIGHT INFRINGEMENT
You must only upload files you are legally entitled to reproduce, publish, or distribute. By uploading a file, you warrant that you own or are otherwise legally authorised to share the file.
This is where it is:
4. CONTENT RESTRICTIONS
You must not upload, share, or distribute any files, comment, or link to any material that contains any of the following:
- Any content that is illegal (including any content refused classification) in your country any location our servers are based from time to time;
- Any content that may adversely affect our commercial reputation, brand and goodwill;
- Any virus, malware, trojan, or intentional security vulnerability;
- Child exploitation material, or any promotion of paedophilic activity;
- Materials that instruct, promote, incite or support, or enable any in crime, violence or terrorism;
- Materials that promote, incite or support discrimination or hatred of a person or group;
- Pornographic, indecent or abhorrent content including but not limited to rape (or simulated or implied rape), bestiality (sex involving animals), drunken content (or simulated or implied drunken sex), incest (or simulated or implied incest), forced sex (or simulated or implied forced sex) depicted in but not limited to images and videos (including anime and cartoons) regardless of whether participants are willing or paid actors;
- Spam, promotion, advertising or any unsolicited communication.
Any suspected illegal activity may be reported to the relevant authorities. FileFactory reserves the right to apply a fine of USD$25,000 per instance.
Furthermore it's common practice that you must inform your users upon changes in TOS that will charge a customer, otherwise they will not have legally agreed to your changes, and thus you cannot charge them. If you do, said users can sue you for unfair practice.
You don't get it do you? While signing up you AGREE to TOS which says that they do not have obligation to inform you about anything at all. You AGREE.
As I wrote, you can try and see all your file names disclosed. But before that you will already lose since you AGREED that they do not have to inform you. If you do not like TOS do not AGREE.
Do you understand now? smh
Would it be possible for a company to enforce a condition they had introduced without letting people know?
Yes, because you agreed that they do not have to inform you.
It is forbidden under European law. "If there are any unusual or surprising terms of service, they have to be pointed out specifically and notified to the consumer,
They do not operate under EU laws.
Clearly the courts now take into account that if there are unfair clauses hidden away in terms of service, it's more likely to be [deemed] unfair, and non valid."
It's not hidden, that's the thing. You can pretend it is, but it's not.
That's not worse at all, any company or individual reserves the right to refuse you service if you breach their contract, or abuse their systems, that is no different from real life. However you will have no right to charge said users, unless you go through the legal system. You have no right to act as the legal system yourself.
If you distribute content to which that certain part of TOS applies you will have bigger things to worry about, like SWAT team tearing your door down.
Uploaded, Rapidshare etc. are all in their legal right to refuse and cancel your services upon abuse, that's totally fair, and common sense.
Everything is common sense except what you are writing here. You are unable to understand simple fact that you agree to certain things in process of signing up.
You can continue believing in that fairy tale of yours and see how it works for you.
"you can sue FF" - wake up snow white