As of February 15, 2024.
General terms and conditions
Translated with software from German. In case of deviations from the German version, the German version shall prevail!
- Description of the Service
- Filehorst is a freely usable hosting service - meaning a storage space where users can upload their files to, for example, link them on the internet, as long as the service is operational. Filehorst itself does not upload files, does not categorize them, does not structure them, does not make them searchable, does not publish them and does not promote them. The links to the files and the file pages on filehorst.de are only known to the user who uploaded them. Other internet users and services can only access the files if this user shares or publishes the links to the files. Sharing or publishing on/through filehorst.de itself is not possible - Filehorst is not an online platform. At the same time, Filehorst does not provide any incentives for uploading, sharing/publishing, or viewing/downloading files, but acts as a neutral intermediary of data without any active role.
- Filehorst is a microenterprise within the meaning of Recommendation 2003/361/EC of the Commission.
- Filehorst is freely usable and is funded primarily through voluntary contributions from its users. The service relies on these donations and must inform its registered users via circulars (emails) about this. Receiving these "donation circulars" is a user's contribution for the free use of Filehorst and cannot be opted out of. However, some donation circulars can be restricted or disabled after their initial receipt. Complete unsubscribing from donation circulars can only be achieved by deleting the registered user account. Different types of circulars, on the other hand, must be actively ordered and can be unsubscribed at any time.
- Filehorst explicitly does not serve as a platform for external backup or storage of important data and files because the service can be temporarily or permanently shut down at any time. Each user must secure their data and files elsewhere if there is a need for backup.
- Registration
- To use the service, creating a user account by entering a username, an email address, and a password (user data) is required. Registered users have the option to manage their own files, including deletion.
- The simultaneous use of multiple user accounts is prohibited. Similarly, creating a new user account is not allowed if a previous user account (e.g., due to a violation of these General terms and conditions) has been blocked or deleted by the provider.
- The disclosure of user data to third parties is prohibited. The user must treat the assigned access data confidentially.
- Direct communication between the provider and users occurs exclusively via email. The user must always have a reachable email address stored in the user account and keep their inbox (including spam folder, etc.) ready to receive communications. The provider is not obligated to check the email addresses for their readiness or functionality. Important information is additionally published by the provider on the service's blog for security reasons. Users are encouraged to check it regularly (weekly) for new entries to ensure they do not miss any important information.
- Use of the Service
- The user is entitled to use the service in accordance with these General terms and conditions.
- The use of the service requires a minimum age of 16 years.
- The file size of an upload is limited to 1 gigabyte.
- Uploading files whose content violates applicable law is prohibited. This includes, in particular, the upload of files if the reproduction and/or publication of these files infringe on third-party copyright, trademark, or patent rights. Therefore, the following files, among others, must not be uploaded to the provider's servers:
- Files containing any type of malware, such as viruses or spyware
- Copyright-protected photos, videos (e.g., movies, TV series), music pieces, or texts
- Files that violate the personal honor and/or privacy rights of third parties
- Files that violate the right of third parties to their own image or data protection
- Files with content inciting hatred
- Files containing depictions of minors in inappropriate sexually suggestive poses and/or their sexual abuse
- Files whose content is subject to youth protection regulations, especially pornographic and glorifying violence writings, images, or films.
- The provider is entitled to block or delete uploaded files at any time and without prior notice, especially if there is a justified suspicion that the content contradicts these General terms and conditions. There is no entitlement to a reduction, reimbursement, or compensation from the user. Affected users will be informed about the blocks and deletions by email, stating the reasons.
- At no time is there a legal entitlement to upload or store a specific file on the provider's server. The provider is particularly entitled to prevent or delete uploads with blocked hash values or file name components. If a third party indicates that a file violates our terms of use or applicable law, depending on the severity of the violation, the file may be blocked or deleted. Additionally, its hash values and, where applicable, file name components will be blocked. Furthermore, the provider may search for identical or similar files using the blocked hash values or file name components and may also block or delete them. Decisions regarding the blocking and deletion of content are not made automatically and, in case of doubt, are made in favor of the reporting third parties to protect the provider. A more in-depth consideration is not reasonable for a free and small provider like Filehorst. The law does not require an internal complaints management system for hosts and microenterprises like the provider. The affected party has access to legal recourse.
- The provider explicitly does not endorse or promote content uploaded by the user. The provider reserves the right to check files for malware. The upload and download of a file always occur at the user's responsibility and risk.
- Commercial use of the service is not permitted.
- Complaints of any kind from users and third parties can be sent informally to the email address specified in the imprint or submitted via the contact menu through the contact form.
- The provider endeavors to keep the service available. However, high availability is technically and economically not feasible for this freely usable service and is expressly not guaranteed by the provider. In particular, maintenance, security, or capacity issues, as well as events beyond the provider's control (disruptions to public communication networks, power outages, etc.), can lead to disruptions or temporary or permanent unavailability. The provider will carry out maintenance work, as far as possible, during times of low usage.
- The provider assumes no liability for the non-availability or loss of data and files that the user has uploaded. This applies regardless of whether the non-availability or loss is attributable to a deliberate decision by the provider (e.g., blocking or deletion of files or user accounts, or the cessation of the service) or to other circumstances (e.g., technical problems).
- The user is liable for the content they have uploaded. The user indemnifies the provider from any claims made by third parties due to illegal or unlawful content. This includes the reimbursement of necessary legal defense costs incurred by the provider.
- The user can delete their user account at any time. Deleting the user account does not automatically lead to the deletion of all files uploaded through the user account. Therefore, files that the user wants to be offline should be deleted before the user account is deleted.
- The provider is entitled to block or delete user accounts at any time and without prior notice, especially if the user violates the General terms and conditions (especially if they upload unauthorized files) or if the user does not have any files in his account and will not be able to upload further files for any reason, in order to adhere to the principle of data minimization. There is no entitlement to a reduction, reimbursement, or compensation from the user. Affected users will be informed about the blocks or deletions by email, stating the reasons, with a reasonable lead time to provide the user an opportunity for counterstatement. This does not apply in cases of imminent danger or regulatory requirements or in case of account deletion in order to adhere to the principle of data minimization.
- The provider provides the service in accordance with the General Data Protection Regulation (GDPR). Further details can be found in our privacy policy.
- The provider is always entitled to make changes to the scope of functions and these General terms and conditions, as long as this does not violate the legitimate interests of the users.
- The provider reserves the right to offer the service, parts of it, or new or extended features in the future only for a fee or to partially or completely discontinue the service at any time. There is no entitlement to a reduction, reimbursement, or compensation from the user.
- Decisions regarding the introduction of fees or the complete cessation of the service will be announced with a lead time of at least four weeks. The announcement will be made on the website and by email to the email address provided by the user.