Terms of Service

This Zelune Service Agreement (the "Agreement") describes the terms and conditions on which Zelune ("we" or "our company") offer services to you ("User" or "You"). By registering for or using Zelune services, User agrees to be bound by the following terms and conditions.

1. Zelune Services

Subject to the terms and conditions of this Agreement, Zelune makes certain Services available to User. For the purposes of this Agreement: (a) "User" (or "you") means the individual or business entity that is using or registering to use the Services, including its employees and agents; (b) Zelune "Services" means those electronic or interactive services offered by Zelune. Network Disk Online reserves the right to change or discontinue any of the Services at any time.


2. Ownership

You acknowledge that all materials (except those uploaded by users) provided on this Web site, including but not limited to information, documents, products, logos, graphics, sounds, gui, software, and services (collectively "Materials"), are provided either by Zelune or by their respective third party authors, developers and vendors (collectively "Third Party Providers") and the underlying intellectual property rights are owned by Zelune and/or its Third Party Providers. Elements of the Web site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. Zelune, the Network Disk logo and other Zelune products referenced herein are trademarks of Zelune, and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.


3. User Information

User represents and warrants that the information it provides in Zelune contact information forms is true, accurate, current and complete. User agrees to maintain and update this information to ensure that it is true, accurate, current and complete. If, at any time, any information provided by User is untrue, inaccurate, not current or incomplete, Zelune will have the right to suspend or terminate User's account and this Agreement.


4. User Data

User has sole responsibility and liability for the data its stores on Network Disk's servers. User controls its data through its generated link. Zelune encourages User to archive its data regularly and frequently; User bears full responsibility for archiving its data and sole liability for any lost or irrecoverable data. User agrees to maintain its data in compliance with its legal obligations. Zelune will delete User data upon termination of this Agreement. However, Zelune may retain User data in its archives after deletion and will not be liable to User in any way for such retained data.


4.1 Special Circumstances

Zelune will provide access to the Services and User's data to an agent of User ("Authorized Agent") who provides Zelune with a notarized letter signed by an officer of User which letter shall include statements of authenticity, authority, and liability as required by Zelune in its sole discretion. User expressly and irrevocably agrees that Zelune may rely on such a letter and on the apparent authority of the person requesting access to the Services or to User's account. In no event will Zelune be liable to User or any third party for Zelune's reliance on such letter or such apparent authority.


4.2 Use of optional e-mail addresses

We may communicate with users from time to time via e-mail to send information about important changes to our products and services, and to send notices and other disclosures required by law. By providing your email address, you agree to these communications, but they will be primarily informational in nature rather than promotional and will be strictly limited in number. We follow a strict no-spam policy.


5. Acceptable Use

You agree to not use Zelune's Service to:


a. upload, post, email, transmit or otherwise make available any Content that spreads messages of terror or depicts torture or death-gui; if serious enough, the content will be reported to the appropriate legal authority and/or the member's ISP will be contacted;


b. harm minors in any way, this includes any form of child pornography; if serious enough, the content will be reported to the appropriate legal authority and/or the member's ISP will be contacted;

c. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

5.1 Illegality/Adult Content

Zelune neither sanctions nor permits site content or the transmission of data that contains illegal or obscene material or fosters or promotes illegal activity, including but not limited to, gambling, the offering for sale of illegal weapons, and the promotion or publication of any material that may violate hate crimes legislation.


Zelune reserves the right to immediately suspend or terminate any account or transmission that violates this policy, without prior notice.


Further, should User violate this policy, Zelune will actively assist and cooperate with law enforcement agencies and government authorities in collecting and tendering information about User, User's site, the illegal or obscene content, and those persons that may have inappropriately accessed, acquired, or used the illegal or obscene content.


5.2 Wrongful Conduct

User shall not commit or permit wrongful or damaging acts which justify civil action including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent or intentionally inflicting emotional distress.


5.3 Access and Interference

Violations or attempts to violate Zelune systems or to interrupt Network Disk services are strictly prohibited, and may result in criminal and civil liability. Examples of system violations include, without limitation:



(a) Unauthorized access to or use of Zelune Services, including any attempt to probe, scan or test the vulnerability of a system or to breach security or authentication measures without express authorization of Network Disk; or (b) Interference with Service to any user or network including, without limitation, flooding, or deliberate attempts to overload a system and broadcast attacks; or (c) Use of any device, software, or routine to interfere or attempt to interfere with the proper working of the Services; or (d) Any action that imposes an unreasonable or disproportionately large load on Zelune's infrastructure



User shall not decompile, disassemble, decrypt, extract, reverse engineer or otherwise attempt to derive the source code of the "software tools" (including the tools, methods, processes, and infrastructure) underlying the Services or any other software on the Zelune Web site.


5.4 Copyright or Trademark Infringement

Zelune Services may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation, including export control laws, is prohibited. This includes, without limitation, material protected by patent, copyright, trademark, service mark, trade secret or other intellectual property rights. If you use another party's material, you must obtain prior authorization. By using the Services, you represent and warrant that you are the author and copyright owner and/or proper licensee with respect to any hosted content and you further represent and warrant that no content violates the trademark or rights of any third party. Zelune reserves the right to suspend or terminate a User's transmission(s) that, in Zelune's discretion, violates these policies or violates any law or regulation.


5.5 Misuse of System Resources

User shall not misuse system resources including, but not limited to, employing content which consume excessive CPU time or storage space; utilizing excessive bandwidth; or resale of access to content hosted on Zelune servers.


5.6 Other Activities

Whether lawful or unlawful, Zelune reserves the right to determine what is harmful to its Users, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the Service or the Internet.



Please be aware Zelune reserves the right to cancel any account or transmission they find in violation of any of the above policies. If appropriate, Zelune will refer complaints to law enforcement authorities, and in such case, Zelune will actively assist law enforcement agencies with the investigation and prosecution of any such activities, including surrendering User account and data information.



Complaints about violators of our Policy should be sent via e-mail to abuse@Zelune.com. Each complaint will be investigated and may result to immediate cancellation of Services without prior notice.


6. No Warranty

You expressly understand and agree that: (a) your use of the Service is at your sole risk. Zelune Services are provided on an "as is" and "as available" basis. Zelune and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. Zelune and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of our Services, software, or content; (b) Zelune makes no warranty that (i) the Service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the software will be corrected; (d) any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material; (e) no advice or information, whether oral or written, obtained by you from us or through or from the Service shall create any warranty not expressly stated in these terms and conditions.


7. Indemnity

You agree to defend, indemnify, and hold harmless Zelune, its affiliates, officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from your use the Service, or your breach of this Agreement or other Zelune policies, terms and conditions.


8. Limitation of Liability

Your use of Zelune is at your own risk. If you are dissatisfied with any aspect of our Service or with these terms & conditions, or any other rules or policies, your sole remedy is to discontinue use of the Service. You expressly understand and agree that Zelune shall not be liable for any direct, indirect, incidental, special, consequential exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (I) the use or the inability to use the Service; (II) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (III) unauthorized access to or alteration of your transmissions or data; (IV) statements or conduct of any third party on the service; or (V) any other matter relating to the Service.


9. Modifications to Agreements, Policies or to our Services

We reserve the right to change this Service Agreement at any time without notice. We also reserve the right at any time to modify or discontinue the Service, temporarily or permanently, with or without notice to you. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service. You acknowledge that we may establish general practices and limits concerning use of the Service, including the maximum disk space that will be allotted on Zelune's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. Further, you acknowledge that Zelune may change subscription fees at any time without notice. Changes in subscription fees will take effect on expiration of any existing User subscription.


10. Termination


10.1 Without limiting other remedies, Zelune may immediately issue a warning, suspend (i.e., lock out access and operation of Services for User) either temporarily or indefinitely, or terminate User's account and refuse to provide Services to User if: (a) Zelune believes that User have violated or acted inconsistently with this Agreement, or any of our policies; or (b) User have failed to pay fees or other payments due to Zelune; or (c) Network Disk is unable to verify or authenticate any information User provides to Zelune; or (d) Zelune believes that User's actions may cause legal liability for User, Zelune's other clients, or Zelune.



Zelune may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of these terms and conditions may be effected without prior notice, and acknowledge and agree that Zelune may immediately deactivate, archive or delete your account and all related information and data and/or any further access to such data or the Service. Further, you agree that Zelune shall not be liable to you or any third-party for any termination of your access to the Service.



Upon termination of this Agreement by either User or Zelune, all of User rights under this Agreement, and Zelune's provision of Services, will terminate immediately.


10.2 The Sections 4 ("User Data"), 6 ("No Warranty"), 7 ("Indemnity"), 8 ("Limitation Of Liability") and this Section 10 will survive any termination of this Agreement.

11. Miscellaneous

These terms and conditions will be governed by and construed in accordance with the laws of the United States Of America.


11.1 Relationship
User and Zelune are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

11.2 Assignment
User may not assign any of its rights, or delegate any of its duties, under this Agreement, and any attempted assignment will be null and void.

11.4 Force Majure

Operation of our Services may be interfered with by numerous factors outside of our control and we shall not be liable to you for any delay or failure in performance under this Agreement resulting directly or indirectly from causes beyond Zelune's control.


11.5 Interpretation

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, as narrowly as possible, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.


11.6 Zelune Confidential Information

You represent and warrant to Zelune that (a) you are not a competitor of Zelune, (b) you shall keep publicly unannounced information and materials pertaining to Zelune, pre-release software, testing or testing procedures strictly confidential and (c) you shall not use any information gained from access to the Zelune Web site or use of the Zelune Services to compete with Zelune in its business.


11.7 Exceptions

Except for other agreements or terms appearing on the Web site, this Agreement set forth the entire understanding and agreement between us with respect to the subject matter hereof.