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Terms of Service

STRATO HiDrive Premium

Last updated: February 23, 2015

1. STRATO HiDrive Paid Service

STRATO ("we" and "us") provides the STRATO HiDrive service("the Service") exclusively based on these Terms of Service ("the Terms"). Please read them carefully.

STRATO HiDrive enables you to store, transfer, publish and share data online. The Service is available for your personal use only.

When uploading data to the Service; i.e., to our servers, you retain full ownership of all information and content provided. These Terms do not grant us any rights to your data except for the limited rights we need to provide the Service.

We may modify the Service from time to time, for example, by adding or removing features.

2. Account Setup

By agreeing to the Terms, you represent to us that you have full right, power and authority to enter into and perform this Agreement.

You shall provide complete and accurate information about yourself. If you provide us with false information about your identity or assume the identity of another person, the Agreement shall be void and we will not have any obligations or liabilities at all.

Please make sure that your billing and payment information are accurate and always up to date. You can make changes to your personal information after logging in to the Service. Incomplete, incorrect or questionable information will be rejected and we will shut down your account and terminate the Service.

We want to let you know about any changes we make to the Service. Please make sure that your contact details are accurate and always up to date. Otherwise we will be free from any obligation to contact you or to provide you with any information or notice.

3. Your Privacy

We collect and process personal data according to the German Data Protection Regulations. If you want to know more about how we collect and process data, please read our Privacy Policy.

4. Account Security

Some types of the Service include several admin and user accounts. You may permit others to use these accounts. Towards us, you are responsible for their activities and any damage they may cause to us or third parties. So, please make sure anybody using your Service complies with the Terms. In case of noncompliance, we may suspend or terminate the Service.

You are responsible for safeguarding your data. Please change the initial password immediately. Do not disclose your password and user ID to any third party. You are solely responsible for any activity carried out with your username and password as well as for any activity carried out with accounts you let others use including, but not limited to, all information stored, transferred, and received.

We inform you of the possibility to use encrypted connections to the Service as well as to encrypt your data before you store it on the Service so as to guarantee a high level of data security.

Since we exclude any liability for loss or corruption of data, you should keep additional backup copies of your data on a different storage device.

5. User Conduct

The Service allows you to share data with others. Please make sure that you and/or your authorized users have the rights to duplicate, share and make public data, documents, pictures, videos, etc. (including but not limited to intellectual property rights). You are solely responsible for ensuring that data stored and/or published under your account(s) – including the accounts of the users you permitted (1) does not infringe upon any third parties' rights (including, without limitation, copyrights, trademarks, privacy or other personal or proprietary rights), (2) is not in breach with any applicable law or regulation, (3) is not discriminating or offensive, (4) is not causing damage to us, to other users or to third parties (including but not limited to viruses, spyware or malware).
If we become aware of such activities under your accounts, we may suspend the Service. We may terminate the Service immediately if you repeatedly infringe on any rights. We reserve the right to remove and destroy any data stored on the Service if we determine, in our sole discretion, that continued availability of this data may expose us to any liability (civil or criminal).

We reserve the right to suspend the Service if your use of the Service disrupts, impedes or otherwise negatively impacts the operation of our Service or the use of our Service by other users.

6. Software

STRATO grants you a personal, nonexclusive, nontransferable, limited and revocable license to use the HiDrive Apps and the HiDrive Client Software, designed to access the Service. Both software and Apps are for private use only, provided that you comply with this Terms and the terms of the End User License Agreements accompanying the software and the Apps. Your license ends with the termination of this Agreement. You may not sell or redistribute the software and the Apps.

7. Indemnification

You agree to hold us harmless from any and all damages and costs, including without limitation reasonable attorney's fees, arising out of or related to your breach of the representations and warranties described in the Terms.

8. Payment Terms

Payments for the whole subscription period must be made in advance. You can pay by credit card. All prices are in EUR and do not include VAT.

We reserve the right to suspend or terminate the service and delete all data stored by you if you pay late.

9. Limitation of Liability

With respect to any claims related to this Agreement, liability to pay damages is in all cases restricted to foreseeable damage. In the event of ordinary negligence, our liability is (1) restricted to direct damage; (2) restricted to the amount you paid for the Service in Question over the past two years; (3) subject to a limitation period of one year after you have taken notice of the damage.

The foregoing limitations do not apply (1) to intentional damage and death or bodily harm and/or injuries to health; (2) to claims based on Product Liability according to the Product Liability Directive, 85/374/EEC; (3) to damage due to gross negligence of legal representatives, executives or persons employed in the performance of our obligations relating to the execution of this Agreement.

10. Termination

The Agreement shall be extended automatically each time by the period spanned by the first subscription period. You may terminate the Agreement at the end of the subscription period by giving notice of one month. The notice of termination must be effected via the secure customer service area or in writing. We may terminate the Agreement with one month's prior notice before the end of the subscription period.

After the termination of the Service, you have no longer access to your data and no license to use the software. All data stored by you will be deleted.

11. General

We may modify these Terms from time to time. You will always be able to find the newest version of the Terms on our HiDrive website. By using the service after the modification, you agree to the new Terms.

The Terms, the use of the Service and all claims arising out of or relating to them will be governed by German law except for its Conflicts of Laws principles and under exclusion of the United Nations Convention on Contracts for the International Sale of Goods. All claims arising out of or relating to the Terms or the use of the Service are subject to the exclusive Venue of the courts of Berlin (Germany).

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