1. GENERAL - SCOPE OF APPLICATION
1.1 The following Terms and Conditions apply to all business relationships between the Customer and UpFile, also hereinafter referred to as "us/we". These Terms and Conditions are an integral part of all contracts with the Customer. These Terms and Conditions also apply to future services and offers, even if the Customer does not separately agree upon them again.
1.2. The terms and conditions of our customers or third parties are not applicable and are not part of the contract, even if we do not separately object to their application in individual cases.
1.3 We expressly reserve the right to make changes to our Terms and Conditions, System Policies and prices by giving the Customer prior notification via their customer account or using the email address the Customer enters in their contact information.
1.4. The conditions and policies listed in the preamble apply in the order of precedence listed above.
1.5. Our employees and third parties commissioned by them are not authorized to make verbal agreements or to provide any verbal guarantees or commitments to the Customer.
2. SCOPE OF SERVICES
2.1. The scope of the contractual service is based on the product description that is valid at the time of the Customer’s order and the written agreements resulting from it. We reserve the right, after prior notice, to discontinue services we offer free of charge or to introduce fees for these services.
2.2. If the subject of the contractual relationship is the registration of domain names, we only are obligated to arrange the desired domain registration. We do not accept liability for or provide any warranty that the domain registration authorities will actually allocate the domain name that the Customer requests in their order. The Customer is only entitled to assume they will actually be allocated the domain name once we have confirmed the allocation. We have no influence on the domain allocation.
2.3. We undertake to make economically reasonable efforts to achieve an annual average network availability of 99.9% at our data centers.
2.4. If the service includes the allocation of an IP address, we do not perform a blacklist check of this IP address and the Customer has no claim to a specific IP address. We reserve the right to change the Customer’s allocated IP address when necessary with prior written notice.
2.5. If we offer technical support services that go beyond the service description, then we invoice these separately.
3. DATA PROTECTION
3.1. Data processing is performed in accordance with GDPR.
3.2. If the Customer also wishes to process personal data of third parties with our services, the Customer alone remains the responsible party in the sense of data protection law. We only process personal data as a processor of orders pursuant to Art. 28 GDPR if the Customer concludes a contract for processing orders with us. This contract for processing orders is not concluded automatically. We can offer the Customer the opportunity to conclude a contract for processing orders via the Customer’s account, if necessary, which is supplemented by EU standard contractual clauses, if the Customer orders products that are located in a third country.
3.3. We hereby warn the Customer that we are generally unable to determine whether the Customer is processing personal data. The Customer is therefore obligated to provide us with the necessary information, in particular whether personal data of third parties are processed, for what purpose these data are processed and which categories the personal data and the data subjects are to be assigned. In the absence of a contract for order processing with the necessary information from the Customer, we assume that the Customer is not processing third party personal data using our services, so we will not take any measures in accordance with data protection law.
3.4. We hereby warn the Customer that, given the current state of technology, there is still no all-embracing form of protection for data transmission on the internet. The Customer is responsible for the safety and security of all data they store on any of their products.
4. USE BY THIRD PARTIES
4.1. The Customer is entitled to grant third parties a contractual term of use to any services the Customer orders from UpFile. In this case, the Customer nevertheless remains the sole contractual partner. The Customer continues to be solely and fully liable for compliance with the contractual agreements between us and the Customer.
4.2. If the Customer transfers user rights to their UpFile services to a third party, the Customer is obligated at the time of transfer to ensure that all legal and contractual provisions are followed. This is true for any changes that require the cooperation of the third party.
4.3. If the third party violates the contractual obligations or does not comply with the obligation to cooperate, if the data provided by the third party is incorrect or incomplete, or if other problems arise with the granting of user rights to third parties, the Customer assumes full liability for all resulting damages and, in addition, indemnifies us from all claims made against us by the third party or others.
5. USE OF THE SERVICES / CONTENT
5.1. The Customer is obligated to check and comply with the legal provisions arising from the use of the contractually agreed services, in particular the Telecommunications Act, the Telemedia Act, as well as national and international industrial and intellectual property rights, personal rights, and the requirements of competition and data protection laws on their own. The Customer indemnifies us against all claims of third parties arising from infringements of these obligations.
5.2. The Customer is obligated not to publish any content that infringes on the rights of third parties or otherwise violates applicable law. This includes in particular, but is not limited to, pornographic or obscene material, extremist content or content that offends common decency, gambling, material that could seriously endanger the morals of children or young people or violate the rights of third parties (copyrights, name rights, trademark rights and data protection rights). This also includes the publication of defamatory content, insults or disparagement of persons or groups of persons.
5.3. The transmission of spam mail is prohibited. This includes in particular the sending of unauthorized, unsolicited advertising to third parties. When sending emails, it is also prohibited to provide false sender data or to disguise the identity of the sender in any other way. The operation of applications for mining cryptocurrencies remains prohibited. These include, but are not limited to, mining, farming and plotting of cryptocurrencies. We are entitled to lock the Customer’s access to their UpFile services or account in the event of non-compliance.
5.4. If we become aware of illegal activities, we request that the Customer immediately removes the offending content and we are entitled to lock the Customer’s access to their UpFile services or account
6. PUBLISHED CONTENT.
We are not obligated to review your content. It is your responsibility to identify the content as your own or as third-party content. You are not allowed to publish content that may violate the rights of third parties or otherwise violate the federal or any state law of the US. You are not allowed to publish content that may violate the rights of individuals or groups of people, or that insults or denigrates these people.
You are not allowed to publish any content that infringes upon the rights of third parties or otherwise violates the law. This includes, in particular, but is not limited to, pornographic or obscene material, extremist content or content that offends common decency, gambling, and material that could seriously endanger the morals of children or young people; this also includes the publication of defamatory content, insults or disparagement of persons or groups of persons. Furthermore, the operation of applications for mining cryptocurrencies is prohibited. This includes, but is not limited to, mining, farming and plotting of cryptocurrencies.
In the case of non-compliance, we are entitled to lock your access to the Service and/or to your account.