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GENERAL TERMS AND CONDITIONS

The GotUpload renders web hosting services for its users based on the following provisions.

I. General Priovisions

(1) GotUpload provides its users with an infrastructure which enables the users to save any files on Internet servers. After the saving process the respective user receives a download link with which his/her file can be downloaded worldwide via the Internet as well as a deletion link with which the file he/she has uploaded can again be deleted from the server.

(2) The files saved at GotUpload shall be treated confidentially. GotUpload does not have a search function which could help search through the GotUpload infrastructure. GotUpload does not open or view its users files; the files are neither catalogued nor listed in directories.

(3) The services offered by GotUpload are basically free of charge. However, GotUpload offers premium memberships which significantly increase the service capability and ease of use which are subject to costs.

II. Upload Regulations

(1) Basically, users may save any file at GotUpload irrespective of the file format or of the file contents. Excluded, however, are files the possession and/or circulation of which is illegal, such as

- child pornography content,
- works the download of which violates third party copyrights;
- racist or violence-glorifying works,
- instructions to criminal offences against public peace.

This list is not conclusive.

(2) GotUpload will block access to such contents immediately after obtaining knowledge thereof and will delete them after an examination phase of 14 days. Furthermore, it will delete files which are identical to previously deleted files.

(3) With regard to users who violate these upload regulations, GotUpload is entitled to terminate the contractual relationship without notice , to block the access of the respective users to its services and/or to delete accounts of such users including all contents.

III. Free Use

(1) GotUpload provides its free users with line and memory capacity at its sole discretion. It is entitled to temporarily disallow the saving of new files, to determine limitations regarding the maximum possible file size, to have the download of files only started after a waiting period, to adapt the rate of transmission to the visitor traffic and to limit the amount of the maximum permissible downloads per file. GotUpload points out that in order to clean up its hard drives it deletes such files which were uploaded by free users and which were not accessed for a time period of 30 days.

IV. Premium Membership

(1) Apart from the free use indicated under section III, users of the GotUpload infrastructure have the opportunity of establishing premium memberships subject to costs with which they can make use of additional services.

(2) GotUpload shall - for the duration of his/her premium membership - provide each user with a volume of at least 50 GB web space in which the user can save his/her own files. Automatic file deletions according to section III (1) sentence 3 do not take place for premium users. Furthermore, GotUpload offers its premium users the opportunity of downloading every day without a waiting period and at a maximum speed a data volume as indicated during acquisition of the membership.

(3) The run-time for new premium memberships begins as soon as the payment has cleared for the first time. Premium users are obligated not to reveal the user names and passwords which are communicated to them. A transmission of user names and passwords to third parties is prohibited. A businesslike resale of premium memberships is only permitted with the consent of GotUpload. GotUpload reserves the right to disable memberships which are used directly or indirectly by several persons or which have been resold in a businesslike manner without the consent of GotUpload. GotUpload will not compensate damages caused by users who give away their passwords to third parties and/or by hackers who steal personal data/passwords from users.

(4) GotUpload would only like to render its services to customers who have made a conscious choice of becoming a member. Therefore, premium memberships are not automatically prolonged but rather end with the expiration of the booked time period without a cancellation being necessary.

V. Payment

(1) For the acquisition of a premium membership GotUpload offers its customers the possibility to settle the accruing fee for the membership by resorting to the payment service provider PayPal or Alertpay.

(2) Users who choose payment via the service provider PayPal will be transferred to an SSL encrypted website at which they can authorise the payment via an already existing PayPal account or via credit card. Afterwards PayPal will transfer the user back to the website of GotUpload. As soon as PayPal has confirmed the receipt of payment to GotUpload, GotUpload will indicate the user's access data in the browser and will send it to him/her via email. Direct payment via credit card without a PayPal account may temporarily be deactivated. In such a case, a PayPal account must be registered for the payment.

(3) GotUpload explicitly points out that it will immediately block premium memberships if the payments made for these memberships are back posted, if debit balances or credit card charges fall through or if payment service providers preventively back post a payment due to irregularities. GotUpload is not in a position to clarify the reasons for back postings and it will refer the user to his/her bank or the payment provider which he/she has selected in cases of such payment difficulties.

VI. Availability; Data Security

(1) GotUpload will provide the functions stated under section I. (1), in principle, 24 hours a day and seven days a week, however, only with a guaranteed availability rate of 99.5% as a monthly average. Excluded hereof are time periods in which the servers are not accessible via the Internet due to technical or other problems which are not within GotUpload's control (third party fault, force majeure, etc.).

(2) GotUpload strives to organise maintenance work as quickly as possible. GotUpload will limit the access to its service temporarily only 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), GotUpload will immediately inform its users about the background of this limitation. Should it be foreseeable that downtimes for maintenance or software updates take longer than three hours, GotUpload will inform its users of this at least three days before executing the respective work.

VII. Miscellaneous

(1) GotUpload will inform the users of Premium and Free's Accounts via email about amendments to the General Terms and Conditions before they come into effect. In the event that amendments have been effected to the user's disadvantage, he/she is entitled to cancel the contractual relationship within a time limit of four weeks as of receipt of the notification of change provided that his/her premium membership does not end before the legal validity of the altered General Terms and Conditions. Should the user not make use of his/her right of cancellation, the alterations are presumed to be accepted and become an effective integral part of the contract. When communicating newly composed GTC, GotUpload is obligated to again specifically point out this provision to its Premium and Free's Account users.

(2) Should a term of the contract or a provision of the General Terms and Conditions be or become entirely or partially ineffective, this shall not affect the validity of the rest of the contract or the General Terms and Conditions. In lieu of the invalid condition such valid provision shall be incorporated as shall best approximate the actual purpose of the stipulated condition. The same shall also apply should any omission in the agreement become apparent.