Terms & Conditions

Preamble

Filer.net offers a platform on the Internet where under the domain Filer.net each user is provided with a virtual data storage space online. This service is primarily financed through Filer.net’s premium program, and as a secondary source, through the cooperation with service providers, the so-called sponsors.

The participation of the user on Filer.net is based on these terms and conditions.

1. Scope of Application

1.1: The Free and Premium services of Filer.net are solely based on these terms and conditions.

1.2: As long as no other separate arrangements have been made between Filer.net and their partners, any supplements, changes, or additions to the contracts can only be effective in written form.

1.3: Filer.net is authorized to change contents of the contract, without agreement of the user, as long as the change (under consideration of the interests of Filer.net) is reasonable for the customer.

1.4: By using the Filer.net platform, the user agrees to the following terms and conditions.

2. Definitions

The following definitions comply with the labeling of Filer.net and serve the detailed and precise definition of the terms and conditions:

Premium program: Premium rate service of Filer.net, that, available for a fee, provides the user more functions and options of use.

Sponsors: Owners or operators of the advertising material/the website, who are, for a fee, interconnected with the partner program of Filer.net.

Partner program/Affiliate program: The Filer.net partner program contains three options of revenue for registered users, which are compensated based on success.

User: Every individual that utilizes our services, based on the currently effective terms and conditions.

Premium account: Access, liable to pay costs, with expanded functions, and options, as well as the eligibility to participate in the Filer.net partner program.

Advertising material: Provided by our sponsors, an advertising media can be shown in various ways on the Filer.net platform.

3. Service provision

3.1: Filer.net is authorized to develop and enhance the platform at any given time, and thus keep the platform adapted to modern technological developments.

3.2: Filer.net will make the highest possible effort in order to ensure the accessibility of the platform 24 hours a day. Exceptions to this are interruptions due to necessary maintenance procedures or due to third parties that are not affiliated with the company. Should the use of the platform be impossible due to an outage, Filer.net will immediately do everything possible in order to restore availability. The Filer.net Premium- and Free account users acknowledge that in exceptional cases a small number of queries cannot be registered or logged. In such cases, no claims against Filer.net can be made from the affected parties.

4. Usage Agreements

4.1: Filer.net reserves the right to exclude any user from using the Filer.net platform and to remove their uploads, especially in cases of breaches of contract, such as uploads that contain discrimination, racism, messages that glorify violence, copyrighted material, files that are in any sense connected to child abuse, as well as all other files that violate the currently prevailing law.

4.2: In cases of breach of rules by the registered Filer.net user, and especially in cases that can damage Filer.net or the sponsor financially, the user is held liable and is obliged to compensate the damage. In serious cases, Filer.net reserves the right to take legal action against the user.

4.3: Should a user notice files that breach the terms and conditions of Filer.net, he is asked to provide the respective links by sending them to abuse@filer.net. After noticing illegal files, these files will be removed immediately and added to our filtersystemss.

4.4: In cases of serious breaches against the rules, Filer.net reserves the right to immediately exclude the user from the Filer.net platform and eliminate any remaining balances, including all open payments.

4.5: The files hosted at Filer.net generally do not expire due to a time limit. Yet, files uploaded by users of Free accounts, that have not been downloaded for more than 180 days, will be automatically removed and they have limited storage capacity. However, this rule does only apply to Premium account users.

4.6: All contents and relevant user details that possibly contain child abuse, will be reported by Filer.net to the Missing & Exploited Childrens CyberTipline.

4.7: Filer.net declares that user details are being checked randomly in irregular intervals for possible breaches against prevailing laws.

4.8: When purchasing a Premium account, the user is provided with a download volume of 50 GB and unlimited storage capacity. Additionally to that, the download volume will be increased every minute, overall by another 50 GB per day. Each Premium account user is entitled to collect a download volume up to 80 GB. As soon as this maximum capacity is reached, the download volume cannot be increased any further. Thus, for Premium users that do not use their download volume and already have collected 80 GB, the daily addition of 50 GB does not apply. The automatic increase by 50 GB of the data volume up until 80 GB will not take place, until the Premium user makes use of his download capacity. This only applies when the used download capacity is below 80 GB.

5. Privacy/Data protection

Filer.net seeks to protect the personal data of its users, within the parameters of legal and contractual clauses. For further information, Filer.net holds a declaration of data protection ready under http://www.filer.net/privacy

6. Power of Revocation

You may revoke your contractual declaration in written form (e.g. by letter, fax, or e-mail) without stating any reasons. If the product was left to you before the deadline expires, you may also revoke by sending back the product. The time for revocation begins after receiving this declaration in written form, however not before the recipient has not received the product (in the case of repeated deliveries of similar goods, not before he has not received the first installment) and not before fulfilling our duty of information according to article 246 § 2, linked with § 1 para. 1 and 2 EGBGB, as well as our duty according to § 312g para. 1, p. 2 BGB in connection with Article 246 § 3 EGBGB. In order to ensure the observation of the time of revocation, it is sufficient to dispatch the revocation or the product in time. In the case of an effective revocation, performance received (e.g. interest) and emoluments taken are to be returned. Should you be unable to return the received performances or uses (e.g. the amenity and advantage of use), or only parts of it or in a declined condition, you are required to compensate for the lost value.

7. Reservation of Changes

Changes of the terms and conditions are possible at any time and will be announced 2 (two) weeks in advance. The changes will be made accessible to all involved participants of the Filer.net platform. Should no explicit protest in written form take place within the time of announcement, the new terms and conditions are viewed as accepted.

8. Final Provisions

8.1: The law of the member state of the head office of Filer.net applies for these terms and conditions and all contracts based on these terms and conditions. An exception from this is the application of the CISG (United Nations Convention of Contacts for the International Sale of Goods) for the purchase of goods and chattels as well as the conflict rules of the German private international law.

8.2: The legal venue for all matters of conflict from these contracts is, as far as permitted, the registered seat of Filer.net. Should the user after conclusion of the contract change his place of residence or usual place of habitation out of Germany, the registered seat of Filer.net remains as legal venue. This also applies to cases where the place of residence or usual place of habitation of the consumer is unknown at the time of filing of a complaint.

8.3: Any changes, additions or cancellations of these terms and conditions require a written form. This also applies for the cancellation of the requirement of a written form.

8.4: Should provisions of these terms and conditions be ineffectual, the effectiveness of the other provisions is not influenced by this.