FileServe will not be liable in any respect for lost, stolen or misdirected Member Content, for any failure to secure or protect Member Content and/or for failure use the File Manager features properly. You should keep copies of all Member Content submitted to the Site. You understand and agree that FileServe is not responsible or liable in any manner whatsoever for your inability to utilize the Services including, but not limited to, the File Manager features.
7. Member Content. As a Member, you agree that you are solely responsible for the Member Content uploaded by you to the Site, and for any and all subsequent uses of the Member Content URLs. If you post Member Content, you represent and warrant that you have all necessary ownership or other rights in and to the Member Content enabling you to upload it on the Site, generate a Member Content URL and display the Member Content URL and associated Member Content as intended. Without limiting the foregoing, you agree to use the Services in a manner consistent with any and all applicable laws and regulations. In connection with the Member Content and Member Content URLs (collectively, "Content"), and your performance under the Agreement, you agree not to: (a) display any Content that could be considered unlawful, harmful, threatening, defamatory, obscene, harassing or otherwise objectionable; (b) display any Content that infringes upon the trademark, trade name, service mark, copyright, license, or other intellectual property or proprietary right of any third party; (c) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third person; (d) display any audio files, text, photographs, videos or other images containing confidential information without prior authorization; (e) display any audio files, text, photographs, videos or other images that may be deemed obscene in your community, as defined under applicable law; (f) express or imply that any statements you make are endorsed by FileServe, without our specific prior written consent; (g) harvest or collect personal information about end-users or other third parties, without their express consent; (h) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site, Services or related content; (i) interfere with or disrupt the Services, Site and/or the servers and/or networks connected to same; (j) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (k) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. "spamware"), services that send unsolicited advertisements, programs designed to initiate "denial of service" attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; (l) "frame" or "mirror" any part of the Site and/or Services without our prior written authorization; (m) display any Content that could be considered exploitative of children in any way, whatsoever; and/or (n) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site and/or Services or any software used on or for same. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of your account and access to the Services without notice, in the sole discretion of FileServe. FileServe reserves the right to pursue any and all legal remedies against Members that engage in the aforementioned prohibited conduct. Without limiting the foregoing, FileServe reserves the right to report any Content that could be considered exploitative of children in any way, whatsoever, to the National Center for Missing and Exploited Children's CyberTipline and any and all other applicable legal and regulatory bodies.