MY-FILES - GENERAL TERMS AND CONDITIONS

Welcome to my-files

my-files is a service of my-files GmbH (hereinafter "my-files"). My-files is available to all internet users, allowing them to store and manage their data and documents at my-files. My-files is a Germany based service and German law applies. The use of this service is subject to the the German AGBs which are given here in an approximate translation.

§1 Scope

my-files GmbH provides its services exclusively on the basis of these terms of use. If the user disputes these terms of use, he or she shall not be entitled to use my-files.

§2 Modification

(1)The contract is closed by filling in the reigstration form and the activation of the acocunt by my-files.

(2)my-files reserves the right to modify these terms of use at any time. In this case, each user shall be notified of the modifications by email. If my-files modifies the terms of use, the user can object to the modification within fourteen working days after receiving notification of the modification; my-files shall also give the customer explicit notification of this right. my-files shall also notify the customer that the modifications of the terms of use will become effective at the beginning of the month following the expiration of the period of notice, provided that the customer has not objected to this within the required period of time. If the user objects, he or she shall not be entitled to use my-files beyond fourteen working days after receiving the notification of modification.

§3 Requirements for use

(1) Before my-files can be used, the prospective user must fill out and send an application form with personal data (especially full name and address). All fields defined as required fields must be filled out completely and correctly.

(2) If one or more required fields are omitted or filled out incorrectly, permission to use my-files will not be granted.

(3) If one or more required fields are intentionally supplied with false information, my-files can prohibit the user from using my-files.

(4) Use of my-files will be granted only when these terms of use are explicitly acknowledged.

(5) The user accepts to receive regular newsletters. He may cancel the newsletter at any time in the Preferences within his my-files Account.

(6) Previously to .ordering a paid subscription to my-files the user may use a free test account for a limited time. Each user may only have one test account in 3 months.

§4 Services

(1) My-files allows the user to store and manage his or her data on my-files systems via the Internet.

(2) reserves the right to modify, expand, or restrict the scope of services at any time. This may especially occur for technical or commercial reasons. my-files shall announce the change to the user with a sufficient period of advance notice.

(4) my-files assumes no responsibility for the content that a user stores at my-files. Any opinions or statements of fact expressed in documents that are created and made accessible by users are the sole responsibility of those users, and not my-files. my-files does not check content in any way before it is stored or made accessible.

§5 Payment

1) The applicable fee is given in the price list valid at the time of registration. For users within the Euorpean Community this price includes VAT.

(2) The subscription fee is payable immediate after subscription. The contract is 6 months if not stated otherwise. The contract will be extende by a period 6 months if not cancelled 1 month before the end of the previous period.

(3). The fee may ba paid by credit card or debit from an account at a German bank.

(4) Fees are non refundable

§6 Suspension

(1) If the user fails to pay the fee in time my-files may collect intrest for the time of the late payment at an interest rate of 5% above the interest rate of the European Central Bank. Additional reminder charges may apply.

(2) my-files is entitled to interrupt (suspend) the connection of the user's data to the Internet if there is sufficient suspicion of illegal content, especially on the basis of a warning from the alleged injured party, provided that this is not obviously unfounded, or on the basis of investigations by government authorities. The user shall be informed of the suspension and its reasons without delay and directed to remove the allegedly illegal content or present his or her argument for its legality. The user may also be required to prove the legality of the content. The suspension shall be removed as soon as the suspicion no longer exists.

§7 Termination / Cancellation of Contract

(1) The contract perid (minimum contract time) is 6 months. Each party may cancel the contract by 1 month before the end of the period. If the contract is not cancelled it is extended by an additional period of 6 months.

(2) The cancellation of the service has to be made in writing (letter or fax).

(3) My-files may terminate the service for a user without notice for important reasons. The user shall be given reasonable time and opportunity to save his data before it is deleted.

(4) After termination of a subscription my-files may delete all user data stores at its web service. The user shall be informed of such an action in advance.

(5) The user shall be considered informed as stated in §7 (4) by the sending of an email to the email addres given in his personal data. This also applies if the user has given a false or invalid email address.

(6) If the account is within the free test period or the user has given no or invalid information for payment, my-files may terminate the account in case of probable cause of a violation of the terms of use.

§8 Temporary Suspension

(1) My-files may suspend a users account if there is probable cause of illegal activities of violation of the terms of use. The user shall be informed of such a suspension. The user may reason agains the suspension. The suspensikon is repealed if the probale cause is invalidates

(2) If the user does not pay the applicable fee within 10 days, my-files may suspend his account until complete payment of the subscription fee plus any late charges that apply.

§9 Obligations of the User

(1) The user shall ensure that he or she is not violating any applicable laws when using my-files. The user is especially subject to the following obligations:

a) The user shall neither store illegal content at my-files nor distribute such content by means of my-files.

b) The user shall abide by the applicable child protection laws, especially those prohibiting the user from storing pornographic text or representations (as defined by § 184 of the Federal German Penal Code) and making them accessible to others.

c) The user shall not make accessible any copyright-protected content by means of the my-files service without having obtained the necessary rights to this content. (This applies especially to copyright-protected musical compositions or third-party software.)

d) The user shall neither store propaganda of organisations that violate the Federal German constitution (as defined in § 86 of the Federal German Penal Code) nor make such propaganda accessible.

e) The user shall respect the privacy of others and therefore in no way store or distribute harassing, libellous, or threatening content.

f) The user shall execute no applications that could result in an impairment or alteration of my-files (especially denial-of-service attacks).

g) The user shall make no attempt to gain unauthorised access to the data of third parties (especially through a breach of system security).

h) The user shall not make the storage space available to any third party for the storage or distribution of any content.

(2) If the user violates his or her obligation as defined in § 7 paragraph 1, the user is obligated to reimburse my-files for any costs incurred, and to indemnify my-files and hold my-files harmless from and against claims for damage compensation and reimbursement of expenses as asserted by third parties, insofar as these claims result from the violation. This also applies in cases where damages are caused by others, insofar as this damage is the fault of the user. The damage is especially considered to be the fault of the user when the user has granted access to third parties in violation of the terms of use. The damages for which compensation is to be provided include especially the reasonable costs of any legal defense that my-files may require. The rights of my-files to suspension of content and extraordinary termination remain unaffected.

(3) The user is obligated to protect his or her access against unauthorised use by third parties. This provision especially prohibits sharing of the password with other persons. The user assumes liability for any unauthorised use of his or her data stored at my-files, insofar as such use is made possible by the behaviour of the user.

(4) The use of my-files for sending mass emails (spamming), mail bombing, or any other form of advertising or marketing messages is not permitted. Any such use will obligate the user to pay compensation for the resulting damages.

(5) All material provided by my-files or a third party, including text, software, photographs, videos, graphics, music, and sound, is protected by copyright in the form of both individual works and collections. The user is allowed to download and use this material privately within the strict limitations of copyright law. However, users are prohibited from duplicating, copying, transmitting, distributing, publishing, or commercially exploiting this material. Users are also prohibited from converting this material to other data formats by other methods, either electronically or in any other form.

§10 Data Security

(1) My-files is obligated to maintain the strictest confidentiality with respect to any secrets of the user which may become known to my-files.

(2) Personal data that is gathered by my-files as part of the application process or for the purpose of performing services or communications shall only be processed or used by my-files when this is approved by the user or required or permitted by law.

§9 Liability

(1) my-files shall make all reasonable efforts to prevent unauthorised persons from gaining access to the data stored at my-files. However, my-files cannot guarantee that the flow of information to and from my-files will not be intercepted and/or recorded by third parties.

(2) In general, there shall be no claim to the constant availability of my-files. If the system is not available at all, or not available with the full range of features, for reasons for which my-files cannot be held responsible, or for maintenance-related reasons, my-files assumes no liability for damages, including consequential damages, that may result for the user.

(3) My-files has no control over the transmission of data via the Internet or the World Wide Web. my-files therefore provides no guarantee that the transmission of files or documents to or from my-files will be successful or free of errors.

(4) The user shall be responsible for security issues pertaining to his or her own data and for creating backup copies of this data at locations other than my-files.

(5) Neither my-files nor users of my-files shall be responsible for the illegal behaviour of other users, even if such behaviour is associated with the content and use of my-files.

(6) Liability for events that are not the fault of my-files, such as official acts, labour disputes, accidental damages, and acts of God, is precluded.

(7) ) Malice aforethought and gross negligence by my-files or its employees shall not be subject to the exemption from liability for damages resulting from the use of my-files.

§11 Liability

(1 My-files takes all reasonable provisions to ensure the privacy and integrity of all data stored by the user

(2) My-files shall not be liable for any interuption of the service or loss of data and any damades resulting from such an incident..

(3) The internet acces from the user to my-files can not be controlled or nfluenced by my-files. Thjerefore my-files shall not be liable for any interruption of the service due to interneet failures.

(4) The user shall prepare regular backup copies of his data stored at my-files.

(5) My-files shall not be liable for any illegal actions of a my-files user, even if data stored at my-files is involved.

(6) My-files shall not be liable for any damade resulting from actions fron the authorities, trade dispute, accidets or acts of god.

7) Any liablity of my-files for any damages shall be restricted to cases of gropss negligence

(8) My-files shall not be liable for any incidents while the user account is in the free test period.

(9) The limitation of claim is not longer then 2 years.

§12 Language

The language of the contract is German.

§13Jurisdiction

(1) The terms of use are subject to German law.

(2) If the user is a company as defined by § 24 of the AGBG (the Federal German law that regulates general terms and conditions), then the jurisdiction is Munich. my-files GmbH is also entitled to take legal action in the general jurisdiction of the user.

§14 Final Provisions

The English "Terms and Conditions" are an approximate translation of the German AGB's. In case of doubt the German AGB's apply.