Terms Of Service
Last modified: 2009-11-03
filesio is a service for sharing files. The service is offered by just works! Software Dipl.-Inf. Frank Bitzer, the "contractor". The Terms of Service ("ToS") cover your access to the website of filesio (the "site") and your usage of any of the services of filesio (the "service") including all information, user files (definition see below), text, graphics and other materials provided by the contractor or through the service. The ToS limit the liability and the obligations of the contractor, grant certain rights to the contractor and allow the contractor to modify, constrain, pause or cancel your acces to the site or the service at any time. Your access and usage to the site and the service is explicitly adherent to your acceptance and approval of these ToS. If you do not agree with the ToS, you are not permitted to use the service. The contractor has the right to enhance or modify the ToS at any time.
Description of the service
- filesio is an online service for sending, transferring, exchanging, sharing and receiving large files. The service allows you to store files ("user files") online and to make them available to other people. In order to share files, you can create "user accounts". The transmission of files is handled either using the public website of filesio or via a "widget", a small website provided by the contractor, that is embedded into your own web page. By using a user account it is possible for authorized users to send user files to the account owner (you), too.
- The service can be accessed using two different account types. There is a free "Basic-Account" and a "Pro-Account" where you have to pay for the storage volume and the traffic you use. The prices, features and limits are described on this page.
- You agree that the contractor hast the right to change or to cancel the features (size limits for files, size of online storage space, number of files, number of downloads, duration of storage, download traffic, security functions, widgets, individualization of account pages, statistics) at any time.
- Furthermore, the contractor preserves the right to change or add fees for the site or the service.
- In order to be able to use the service, you have to register at filesio. As soon as you signed in, you are a "registered user".
- In registering at filesio, you agree to provide accurate, current, and complete information.
- As a registered user you are responsible for keeping secret the password that you use to access the service. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify the contractor of any unauthorized use of your password.
- You are responsible for keeping your account information current and accurate; the contractor will have no liability for failure to deliver notices that result from inaccurate or old account information.
- When registering at filesio the contractor collects and saves the following data required for identification and billing:
- E-mail address
- Company (Pro-Account only)
- Title, firstname, lastname (Pro-Account only)
- Postal address (Pro-Account only)
- Telephone (Pro-Account only, optional)
- Besides personal data the following information are logged when accessing the service to upload or download user files:
- Time of access
- Name of the user file
- User files are stored on a secure server at the contractor or a partner company and are protected from unauthorized access.
- With the deletion of an account, all user files and all other data is removed, too.
- The contractor must not use user files for his own purposes or take advantage of them.
- The contractor must not pass user files or other data to a third party.
- Excluded are companies or persons who work directly with the contractor for the purpose of running the service.
For the usage of the service with a Pro-Account you have to pay fees that are directly dependent on the online storage space you use and the traffic that is caused by uploading and downloading user files. Definitions:
- Online storage space: the disk space needed to store all your user files in full megabyte (MB). For the calculation over a period of time, the averagely used disk space is considered.
- Traffic: traffic is caused by uploading and downloading user files over any user account you created. It does not matter whether an account page or a widget is used. Your traffic increases on each upload/download by the size of the uploaded/downloaded file in megabyte (MB). A file is considered as fully downloaded as soon as the "Download"-button an the account page or the widget is clicked.
Conversion: 1 MB equals 1024 Kilobytes (KB), which is 1048576 Bytes or 8388608 Bits.
- The current prices can be taken from the pricing table.
- The contractor has the right to add or modify fees and prices at any time.
- The billing for the usage of the service is handled using an account in credit. You can transfer an arbitrary amount of money to your account. Fees for storage space and traffic are subtracted from your credit account on an hourly basis.
- After your credit is euqal to or less than EUR 0,00, your user files will be locked for download. They will be kept for seven days. If your credit is still equal to or less than EUR 0,00 after seven days have passed, all user files will be deleted.
- You have the responsibility to care for your credit. The contractor is not liable for loss of data or damage when user files are locked or deleted. Furthermore, the contractor has the right to modify, remove or add new regulations at any time.
- Usually, the site and the service can be accessed 24 hours a day, 7 days a week. However, the contractor does not take any warranty concerning the availability of the site and the service.
- Maintenance work and resulting downtimes are announced in advance via e-mail. However, the contractor preserves the right to stop or to pause the site or the service at any time without annoncement in order to maintain, improve, correct or modify the site or the service.
- The contractor is not liable for any damage and consequential damages that occur because the service is not available, regardless whether the breakdown is caused by a technical error, force majeure, a manual shutdown or any other reason.
- Registered users having a Pro-Account can upload and download user files without any limit in upload/download speed. However, the contractor does not take any warranty that the maximum upload/download rate is available at any time at any place. You accept that the performance depends on many factors and can not be influenced by the contractor.
Liability for user files, security
- You take the sole responsibility and liability for all user files that you and the users of your user accounts store on the server of filesio by using the service.
- You agree that the contractor is not liable for any damage to user files, for deletion of user files or for the loss of data and information within user files.
- Furthermore, the contractor is not liable for the unintended or accidental distribution of user files, for whatever reason it occurs. You acknowledge the fact that data sent over the internet can eventually be read by unauthorized persons and that this risk can not be fully eliminated by encrypted connections. You confirm that you are aware of this risk, accept it and bear the consequences regarding liability.
Content of user files
- You assure that you only upload, send, transfer, exchange and share user files for which you have the legal legitimation for usage, transfer, distribution and sharing.
- You take the responsibility that user files saved or transferred by you do not violate applicable law and are not contrary to morality or official rules.
- You have to take care of all national and international copyrights and other rights of third parties. You obligate yourself not to send, transfer, exchange or share user files that violate any rights of third parties.
- You solely are responsible for the contents of the user files transferred by you. You are fully liable for all violations of the conditions mentioned above.
- The contractor preserves the right to delete user files without announcement when having the suspicion that a user files violates the constraints of these ToS.
- However, the contractor is not bound to check user files regularly.
Rights concerning user files
- The contractor does not claim any property rights or any other rights for user files that are shared by using the service.
- However, the contractor has the non-exclusive, world-wide right to copy and to process user files as long as it is necessary for the sole purpose of running the service.
Limitation of liability
- Independantly of the legal basis, the contractor is liable only for damage caused deliberately or due to gross negligence. In no event shall the contractor's total liability to you or to any third party exceed the amount of fifty Euros (€50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
- The contractor is not liable for any damage to you or to any third party that is caused by misuse of the service. Included in this statement are damages that are caused by downloading computer virusses or other malware.
- The contractor is not liable for user files and other data (text, graphics) that are transferred to filesio by using the service.
- The contractor is not liable for damage and consequential damages when user files are deleted, corrupted or distributed to unauthorized third parties.
- If any provision of these policies and regulations or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of these policies and regulations which can be given effect without the invalid provision or application, and to this end the provisions of these policies and regulations are severable. In lieu thereof there shall be added a provision as similar in terms to such illegal, invalid and unenforceable provision as may be possible and be legal, valid and enforceable.