The Fzilla AG (hereinafter: "Fzilla") renders web hosting services for its users based on the following provisions.
(1) Fzilla 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.
(2) The files saved at Fzilla shall be treated confidentially. Fzilla does not have a search function which could help search through the Fzilla infrastructure. Fzilla does not open or view its users files; the files are neither catalogued nor listed in directories.
(3) The services offered by Fzilla are basically free of charge. However, Fzilla offers premium memberships which significantly increase the service capability and ease of use which are subject to costs.
(1) Basically, users may save any file at Fzilla 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
This list is not conclusive.
(2) Fzilla 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, Fzilla 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.
Fzilla 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. Fzilla 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 60 days.
(1) Apart from the free use indicated under section III, users of the Fzilla infrastructure have the opportunity of establishing premium memberships subject to costs with which they can make use of additional services.
(2) Fzilla shall - for the duration of his/her premium membership - provide each user with web space in which the user can save his/her own files. Automatic file deletions according to section III (1) sentence 3 do not take place for premium users for as long as the data saved for a user does not exceed the total amount of 5 gigabytes for premium and 50 gigabytes for platinum respectively. Furthermore, Fzilla offers its premium users the opportunity of downloading without a waiting period and at a maximum speed a data volume of 5 gigabytes (“Download-Traffic”) on a calendar day basis. The total amount of downloads cannot exceed 25 gigabytes per calendar day
(3) The run-time for new premium memberships begins as soon as the user has logged on in his/her membership area (Premium Account) for the first time, however at the latest 21 days after the membership has been established. Premium users are obligated not to reveal the user names and passwords which are communicated to them. A transmission of user names and passwords to third parties is prohibited. A businesslike resale of premium memberships is only permitted with the consent of Fzilla. Fzilla reserves the right to disable memberships which are used directly or indirectly by several persons or which have been resold in a businesslike manner without the consent of Fzilla. Fzilla will not compensate damages caused by users who give away their passwords to third parties and/or by hackers who steal personal data/passwords from users.
(4) Fzilla would only like to render its services to customers who have made a conscious choice of becoming a member. Therefore, premium memberships are automatically prolonged.
(1) For the acquisition of a premium membership Fzilla offers its customers the possibility to settle the accruing fee for the membership by resorting to the payment service provider PayPal.
(2) PayPal payment will be transferred to an SSL encrypted website at which they can authorise the payment via an already existing PayPal account or via credit card. Afterwards PayPal will transfer the user back to the website of Fzilla. As soon as PayPal has confirmed the receipt of payment to Fzilla, Fzilla will indicate the user's access data in the browser and will send it to him/her via email. Direct payment via credit card without a PayPal account may temporarily be deactivated. In such a case, a PayPal account must be registered for the payment.
(3) Fzilla explicitly points out that it will immediately block premium memberships if the payments made for these memberships are back posted, if debit balances or credit card charges fall through or if payment service providers preventively back post a payment due to irregularities. Fzilla is not in a position to clarify the reasons for back postings and it will refer the user to his/her bank or the payment provider which he/she has selected in cases of such payment difficulties.
(1) Fzilla 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 Fzilla's control (third party fault, force majeure, etc.).
(2) Fzilla strives to organise maintenance work as quickly as possible. Fzilla 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), Fzilla 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, Fzilla will inform its users of this at least three days before executing the respective work.
(1) Fzilla 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, Fzilla is obligated to again specifically point out this provision to its Premium and Platinum 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.
June. 2010At 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.