Need to find out if this is illegal towards rapidshare.com

Discussion in 'Legal Issues' started by Coopzie, Feb 14, 2008.

  1. #1
    According to www.rapidshare.com's terms of service, free users have a limit to the number of files they can download and have to enter some images. Moreover, people who make programs to avoid this limit will be made fully responsible for financial losses/damages. What we are planning on doing is allowing free users from our site to download files from rapidshare.com. The files will be served
    using our Premium Accounts, so for rapidshare.com our free users are technically users using a Premium Account (i don't know if I'm making myself clear).

    Technically, if this is against their Terms Of Service, then me downloading a file using my premium account and then giving it to a friend of mine for free (eg. I downloaded a picture of my nephew and sent it to my brother) is also against
    their Terms of Service, right? Which is impossible.

    I want to upload some files to rapidshare and then I want my website to send them those files automatically (I've designed a software that gets the file (using a PREMIUM account I paid for and thus has no limits) and sends it to the user of my website), but I'm afraid that might be against their Terms Of Service.

    Many thanks in advance.
     
    Coopzie, Feb 14, 2008 IP
  2. joffer

    joffer Peon

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    #2
    If you are uploading files through a program of yours and u have paid for a PREMIUM account they cant touch you
     
    joffer, Feb 14, 2008 IP
  3. kaos

    kaos Peon

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    #3
    1- Check their TOS if they can terminate your account for whatever reason they want. If you make them lose some business (i.e. users who would have paid to get a premium account with them but who did not since you're there), they will clearly terminate your account if they can.

    2- Do you plan on making your own users pay. If so, do their TOS permit premium account holders to resell their services ?
     
    kaos, Feb 14, 2008 IP
  4. Coopzie

    Coopzie Well-Known Member

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    #4
    Their terms of service only concern free users. Premium users don't have a Terms Of Service at all (I've searched in every corner of their site, and can't seem to find it), except for not uploading copyrighted files, which isn't a problem, because that's not what we plan on doing.
     
    Coopzie, Feb 15, 2008 IP
  5. zeldaze

    zeldaze Active Member

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    #5
    Actually I think this could be thought of as "sharing" your premium account services. It IS against their TOS however they aren't going to do anything big to you. At max you will get your Premium account taken away. I have purchased a couple of premium accounts and each one is shared amongst 10 people and I haven't even so much as had an email from them or anything. So I think you are in the clear.
     
    zeldaze, Feb 15, 2008 IP
  6. jmonegro

    jmonegro Peon

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    #6
    Why not contact them under another username and ask them that?
     
    jmonegro, Feb 16, 2008 IP
  7. Coopzie

    Coopzie Well-Known Member

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    #7
    Thanks this was also very helpful, the site we are consider, we are first asking for their permission, although I dout they will approve of it, unless perhaps we can come to some sort of agreement, we will probably set it up anyway but have our contact information encase they are to complain about it :p, All premium accounts are capped, so they wouldnt loose too much bandwidth.
     
    Coopzie, Feb 16, 2008 IP
  8. Barefootsies

    Barefootsies Well-Known Member

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    #8
    THIS is the correct answer.

    Bravo.
     
    Barefootsies, Feb 16, 2008 IP