General Terms and Conditions
a) Contract Offer
If registration is required to use the service on offer, the submission of registration data constitutes a contract offer. If registration is not required to use the service being accessed, accessing the service itself constitutes a contract offer which Netload can accept by providing the service to you.
b) Responsibility for Minors
By granting consent to their minor children to use the services provided by Netload, parents and legal guardians assume all legal responsibility for their children's usage of the service.
2. Conditions for Use
The services provided by Netload may be used only in accordance with the following provisions.
It is expressly prohibited to upload or to make available in any other manner any content
- which violates applicable criminal laws, especially that depicting child pornography or child abuse and that which may harm minors
- which infringe upon the copyright, trademark, patent, competitive, or intellectual property rights.
The users of the service
- shall comply with all applicable laws, particularly legislation intended to protect minors and statutory provisions designed to protect intellectual property and personal rights in general. The use of copyrighted works without the express permission of the copyright holder or the holder of the usage rights is prohibited.
- may not use the service to access or distribute illegal or immoral content.
- may not use the service to incite or participate in criminal acts. Likewise, instructions for the committing of criminal acts may not be expressed or published in any form or manner.
- may not disseminate content which is harassing, defamatory, obscene, racist, glorifying of violence, discriminatory, pornographic or threatening. Respect for other persons in general shall be nurtured and allow for cultural, philosophical, and religious differences.
- may not use the services for purposes of commercial advertising.
- may not use the service to engage in hacking or the spread of viruses. The services offered may not be modified in any way. Any interference or attempt to interfere in the Netload information system is expressly prohibited and will result in civil and criminal penalties.
- may not abuse the system resources. They must in particular refrain from anything that uses an inordinate amount of storage capacity or which could negatively impact transfer speeds or any other aspect of the services offered.
- may not use the service for downloading from dedicated servers and virtual private servers (VPS).
3. Examination of Content
Netload will conduct occasional inspections of the contents of uploaded files. Netload reserves the right to block and/or delete immediately any dubious files or those that include clear violations of law or are immoral. Netload reserves the right to refuse any submitted content without giving cause.
Should there be evidence that content violates applicable law or these terms and conditions, particularly that belonging to violators who have been warned not without cause, Netload will block the content. If legal or statutory violations are demonstrated, the block shall remain in place until settled in or out of court. Netload will promptly delete all content ordered to be removed by regulatory or court orders.
Netload has no influence on data exchange outside of its own technical infrastructure.
4. Deletion of Illegal Content
Netload does not tolerate illegal content and expressly states that all files with illegal content will be deleted immediately after that fact becomes known to Netload and technical measures will be taken to prevent an attempt at uploading the content again. Reports of illegal content (abuse reports) should be sent to firstname.lastname@example.org. In this case, please provide direct links to the files within the e-mail, for example http://netload.in/fileXXX.htm. The reports should also contain information about the name, address, and contact details. If possible, the address of the website where the links were found should be included in the message. In urgent cases, please contact our attorney listed under the site's imprint. Further claims, especially claims for damages and other redress against Netload, are excluded.
5. Exclusion from the Service
Netload reserves the right at any time and without notice, to suspend the service for users by blocking access and/or deleting the user's account if
- they use the service on a repeated basis to make content under copyright protection available to the public
- their use of the service could pose a threat to the liability of third parties or Netload
- the service as a whole or the access provided is misused, especially by allowing several users to share one account. Each account is made available solely for personal use and may not be shared with other users and or used from different IP addresses
- invoices remain unpaid
- there are doubts about the authenticity of the content or information provided
- there are other important reasons that make this action necessary. If a user is blocked from the service, the user is not entitled to payments or a reimbursement of previously accumulated points. This also applies to payment requests already submitted.
Netload distances itself from all content uploaded and downloaded via its service. The users themselves are solely responsible for the files they upload and download through the service. Netload does not assume any liability for the content. The content is the sole responsibility of those users who upload or download the files.
Netload assumes no liability for the quality of the content available on its service or that it is up-to-date, accurate, or complete, nor for any so-called consequential damages directly or indirectly caused by content.
b) The Content of Other Websites
Netload assumes liability for direct or indirect links or references to external websites for which Netload is not responsible only if Netload has knowledge of the contents and it is technically possible and reasonable to prevent the use of this site. Netload expressly declares that at the time the link was created, no illegal content was known or recognizable on the linked pages. Netload does not have any control of future design or modification of these linked pages and therefore disclaims any liability. Netload hereby explicitly distances itself from all content on sites previously linked and those to be linked in the future. This also applies to subsequent changes in content of the linked pages. The provider or other party responsibility for the content of these external pages has sole responsibility for any damages and other legal claims.
c) Accessibility of the Service
The user has no right that the service can be accessed at any time. Unrestricted access to the services is therefore not guaranteed. Netload is not liable for damages if its service cannot be used or accessed temporarily or permanently or if uploaded files are lost or damaged.
d) Other Exclusions
All liability for the actions of the authorities, labor disputes, force majeure, natural disasters or accidental damage is likewise fully disclaimed and excluded.
e) Standard of Liability
For slightly negligent breaches of duty, the liability of Netload and its agents is limited to foreseeable, typical, direct average damages. For slightly negligent breaches of non-essential duties, i.e. the contract is not be compromised, Netload and its agents assume no liability.
Netload does not use content stored on its service for its own use nor provide it directly to third parties. All potential copyright or usage rights for works remain fully with the respective rights holders. Netload itself does not violate distribution rights of any kind.
Netload observes all required data protection regulations under the applicable law and treats all data as strictly confidential. As far as private or business data must be retrieved and entered, the user expressly gives voluntary consent to disclose this information. No data will be disclosed to third parties or used for marketing purposes. Netload will not make personal data available to third parties without the person's consent, unless a clear legal obligation requires otherwise.
9. Premium Account
a) Direct Debit Authorization for Subscriptions
Paid premium accounts are limited to the period selected by the user.
b) Advantages of Premium Accounts
Users with premium accounts can download without restrictions. There is no limit to the download volume.
Users of these accounts can also upload files without restriction. There is no limit of space. Your files will not be deleted automatically. If after storing more than 500 GB on Netload, your account is inactive for more than 30 days, files will be deleted to bring your stored amount below the 500 GB limit.
Uploaded files are stored on at least two different server systems and are thus doubly secured. Mirrored files with a size of more than 100 GB are deleted if your account is inactive.
Files can be easily uploaded via FTP or FXP to Netload's servers and then converted with the links generated by Netload for the files. Interrupted uploads can be resumed.
Premium account users will be given preference and faster customer support.
For each order, you will receive two free days extra per year. Once an account has been purchased, the two extra days will be credited on a random day in the subsequent 12 months. You will be notified by email 24 hours prior to possible use. Prior notice is not possible.
10. Right of Revocation
You can revoke your contract in writing (email or letter) within one month without giving reasons. The time limit begins after receipt of this notice in written form, but not before the contract is concluded and also not before we have fulfilled our obligation to provide information under Article 246 §2 with §1(1) and (2) of the Introductory Statute of the German Civil Code as well as our duties according to §312e(1.1) of the German Code and Article 246 §3 of the Introductory Statute of the German Civil Code. The timely submission of the revocation constitutes meeting the deadline for revocation. The revocation shall be addressed to: email@example.com or netload.in, Netload GmbH, Weismüllerstrasse 28, D-60314 Frankfurt am Main. Your right to revoke the contract expires when the contract is fulfilled by both sides upon your specific request before exercising your right of revocation.
11. Changes in the Service and Terms and Conditions
Netload reserves the right to update, expand, or change its services at any time. The new services are also subject to these Terms and Conditions.
Netload can modify any provision of these terms at any time without prior notice. It is the responsibility of users to obtain information about changed provisions.
12. Applicable Law and Severability
For all legal relationships between Netload, users, and third parties, the law of the Federal Republic of Germany shall apply. This choice applies to consumers only insofar as the protection provided is not withdrawn by mandatory provisions of the laws of the country where the user is domiciled.
Should one or more provisions of these Terms and Conditions or any provision contained in any other contractual agreements be or become invalid, the validity of the remaining provisions or agreements shall not be affected. The fully or partially invalid provision or agreement is to be replaced by a provision that fulfills the business purpose of the invalid provision.
Frankfurt am Main, June 2010
Note: These Terms may not be copied or reproduced without written permission.