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Terms of Use HiDrive Share

§ 1 General

1.1 These Terms of Use govern Your use of "HiDrive Share" (hereinafter "Service") provided by IONOS.

1.2 The Service enables You to upload files (max 2 GB) to the online storage of IONOS.

§ 2 Files

2.1 Your files are available for a maximum of 7 days.

2.2 IONOS is not responsible for any content that is held in the files.

2.3 IONOS shall not have visible access to the uploaded files during the normal course of business. However, IONOS if required to do so by law or by official or court order, can obtain access to these files.

§ 3 Your responsibilities

3.1 You are not entitled to store files, which are incompatible with these Terms of Use and/or are in breach of any applicable laws.

3.2 You are solely responsible for the file content.

3.3 You warrant that You have all the necessary rights with regards to the uploaded files. These rights include, in particular but not limited to, the right to pass on, store, edit, publish or transmit/transfer, to sub-license, whether as author, ancillary copyright holder or holder of a right of use to the extent required under these Terms of Use.

3.4 You warrant that by uploading the file, You do not violate any rights of third parties.

3.5 If You are made aware of facts which, upon reasonable assessment, give rise to the suspicion or knowledge that the uploaded files contain information and/or content which violate the provisions of these Terms of Use, You shall immediately inform IONOS.

§ 4 Prohibited use

4.1 You are unable to resell these Services to any third party. The Service is for Your sole use.

4.2 You must not:

  • 4.2.1 imitate, duplicate, reproduce, copy, sell, resell, rent, process or exploit in the form of a licence,
  • 4.2.2 embed in any other website or application without the prior written consent of IONOS,

4.3 You are prohibited from cataloguing Your files in publicly available tables of contents.

4.4 You are prohibited from automatically generating multiple download links using a computer program.

4.5 You undertake not to use the Service, individual elements or parts thereof, for illegal, fraudulent, unlawful, immoral or third party purposes.

4.6 You are prohibited, from disseminating content and information which:

  • 4.6.1 solicits other third parties to engage in or participate in unlawful activities,
  • 4.6.2 violates any laws, regulations, or rules ,
  • 4.6.3 harasses, abuses, insults, injures, defames, slanders, intimidates or discriminates against third parties on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability,
  • 4.6.4 solicits or advertises participation in sweepstakes or games of chance,
  • 4.6.5 infringes the rights of IONOS or its affiliated companies or the rights of third parties (in particular intellectual property rights),
  • 4.6.6 may interfere with, damage or destroy software or hardware of computer systems and in particular contain malicious software such as computer viruses or Trojans;
  • 4.6.7 are racist, glorify drugs, violence or war, support terrorism, trivialise violence or incite the people;
  • 4.6.8 offer or cause to be offered or advertise a service aimed at making a profit, which in particular has pornographic and/or erotic content,
  • 4.6.9 are pornographic and/or erotic and/or can be attributed to paedophilia, and in particular contain depictions of children or adolescents in inappropriately gendered postures, sexual abuse or sexual acts of humans with animals;
  • 4.6.10 are obviously capable of endangering the development of children and adolescents or their upbringing as responsible and socially competent personalities,
  • 4.6.11 violate human dignity, for example by depicting dying people or people who are seriously ill physically or emotionally.

§ 5 Legal consequences in the event of violations of rights and endangerment

IONOS is entitled to immediately block the download link, block or delete the files without prior notice to you, and at its own discretion, if IONOS has reasonable suspicion that the files or the contents of the files violate the provisions of these Terms of Use.

§ 6 Indemnification

In the event of a claim being made against IONOS by a third party due to breaches of competition, infringement of third party rights (in particular trademark rights, domain rights, rights to a name, copyrights, data protection rights or personal rights) as a result of the use of the Service, You undertake, insofar as you are responsible for the breach, to indemnify IONOS upon first written request against all claims of third parties and the resulting obligations, damages, costs and expenses (in particular claims for damages, court costs, lawyers' fees and warning costs of a necessary legal defence) as well as to compensate IONOS for any damage resulting from the claim.

§ 7 Guarantee, warranty and exclusion of liability

7.1 IONOS disclaims all warranties, express, implied or statutory, in connection with the Service, such as warranties of quality, title, non-infringement, merchantability, non-infringement, accuracy or fitness for a particular purpose.

7.2 IONOS does not warrant that the Service or individual elements or parts thereof will be error-free and uninterrupted, constantly available and accessible and free of failures, bugs or malfunctions.

7.3 IONOS shall not be liable to You or any third party in particular for the loss of data, for the blocking of the download link and the uploaded files or for the premature deletion of the files.

Last updated: 13.04.2022

Effective date: 02.03.2022