GENERAL TERMS AND CONDITIONS

The junkupload AG (hereinafter: "junkupload") renders web hosting services for its users based on the following provisions.

I. General Priovisions

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

(3) The services offered by junkupload are basically free of charge. However, junkupload 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 junkupload 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) junkupload 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, junkupload 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) junkupload 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. junkupload 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 90 days.

(2) Users of the junkupload infrastructure have the opportunity of registering so-called "Collector's Accounts". Free users can upgrade the functionality of the junkupload services by means of those Collector's Accounts and can have all files which have been uploaded via this account displayed and managed.

VII. Availability; Data Security

(1) junkupload 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 junkupload's control (third party fault, force majeure, etc.).

(2) junkupload strives to organise maintenance work as quickly as possible. junkupload 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), junkupload 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, junkupload will inform its users of this at least three days before executing the respective work.

IX. Miscellaneous

(1) junkupload will inform the users 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, junkupload is obligated to again specifically point out this provision to its Premium and Collector'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.

At violation of our Conditions of use, we are authorized to block your access and delete your files. If you write programs aiming to violate our Conditions of Use, you will be prosecuted and made liable for any losses occurred.