General terms and conditions
- Service description
- filehorst.de is a file hosting service (hereinafter also: "Service") that can be used free of charge, which allows users to copy files (e.g. texts, photos, videos) to the provider's servers and to make these files available to third parties for download via a generated link. The use of filehorst.de is also possible without registration.
- filehorst.de is mainly financed by the voluntary contributions of its users. The service is dependent on these donations and must inform its registered users in this regard by circulars (mails). The receipt of these "donation circulars" represents the user's consideration for the free use of filehorst and cannot be unsubscribed. However, some donation circulars can be restricted or unsubscribed after their initial receipt. Complete unsubscription from donation circulars can only be obtained by deleting the registered user account. Other types of circulars, on the other hand, must be ordered proactively and can be unsubscribed from at any time.
- filehorst.de explicitly does not represent a platform for external backup of important data.
- Registration
- For easier and more comfortable use of the service (file upload) it is possible to create a user account by entering a user name, mail address and password. Registered users have the possibility to manage their own files, especially to delete them.
- The parallel use of multiple user accounts is not permitted. It is also not permitted to create a new user account if a previous user account has been deleted by the provider (e.g. due to a violation of these GTC).
- The disclosure of user data to third parties is prohibited. The user must treat the access data assigned to him confidentially.
- Use of the service
- The User is entitled to use the Service in accordance with these GTC.
- The use of the service requires a minimum age of 16 years.
- The file size of an upload is limited to 1 gigabyte.
- The upload of files whose content violates applicable law is prohibited. In particular, the upload of files is also prohibited if the reproduction and/or publication of these files violates third-party copyrights, trademark rights or patent rights. Accordingly, the following files, among others, may not be uploaded to the provider's servers:
- Files that contain malware of any kind, e.g. viruses or spyware
- Photos, videos (e.g. films, TV series), pieces of music or texts protected by copyright for third parties
- files that violate the personal honor of third parties and/or their personal rights
- Files that violate the right of third parties to their own image or data protection
- Files with inciting content
- Files that contain depictions of minors in inappropriately gendered postures and/or their sexual abuse.
- Files whose contents are subject to the protection of minors, in particular pornographic and violent writings, pictures or films.
- The provider is entitled to block or delete uploaded files even without prior notice if there is reasonable suspicion that the content is not in accordance with these GTC.
- There is at no time a legal claim to be able to upload a certain file to the server of the provider. The provider is entitled to check files to be uploaded using filter software and to prevent the upload in case of suspicion.
- The provider does not adopt the content uploaded by the user as its own or advertise it in any way. The provider does not check files for malware. The upload and download of a file is always at the user's own responsibility and risk.
- vailability and liability
- The provider endeavors to make the service available at all times. An availability of 100 percent is technically impossible to realize and is therefore expressly not guaranteed by the provider. However, the Provider shall endeavor to keep the service available as constantly as possible. In particular, maintenance, security or capacity issues as well as events beyond the control of the Provider (disruptions of public communication networks, power outages, etc.) may lead to disruptions or temporary unavailability. The Provider shall carry out maintenance work, as far as possible, during periods of low usage.
- Liability for the loss of data uploaded by the user is not assumed by the provider in any case.
- Otherwise, the provider is only liable for gross negligence or intent and for bodily injury.
- The user is liable for the content posted by him. In this respect, he shall indemnify the provider against all claims asserted against the provider by third parties due to illegal or unlawful content. This also includes the reimbursement of necessary legal defense costs of the provider.
- Deletion of the user account
- The user can delete his user account at any time. The deletion of the user account does not automatically lead to the deletion of all files uploaded via the user account. Therefore, the deletion of files that are no longer desired should be carried out before the deletion of the user account.
- The provider is entitled to block or delete user accounts if the user violates the GTC, in particular uploads inadmissible files.
- Privacy
- The Provider provides the Service in accordance with the EU General Data Protection Regulation (EU GDPR). More details can be found in the privacy policy.
- Changes to the scope of functions and the GTC; discontinuation of the service
- The Provider is entitled to make changes to the scope of functions and these GTC at any time.
- The Provider reserves the right, with effect for the future, to offer the Service, parts thereof or new or extended functions only against payment or to discontinue the Service completely.