Terms of Service
Bayfiles Limited (hereafter: "Bayfiles") renders web hosting services for its users based on the following provisions.
- Bayfiles provides its users with an infrastructure, which enables the user to save electronic files on internet servers. After saving the files, the user receives a download link, through which his/her file can be downloaded over the internet anywhere in the world as well as a "Remove" link, with which his/her uploaded file can be removed from the server again.
- The files saved with Bayfiles are treated confidentially. Bayfiles does not supply any search function, with whose help the Bayfiles infrastructure can be searched. Bayfiles does not open nor view the files of its users. The files are not catalogued nor listed in tables of contents by Bayfiles.
- The services provided by Bayfiles are essentially free-of-charge. However, Bayfiles does offer services, which considerably increase the performance and user comfort, for a charge.
II. Upload Rules
- In principle, users are permitted to save any file with Bayfiles, irrespective of the file format or file content. However, files whose possession and/or distribution is illegal are excluded from this, such as
- Child pornography
- Works the download of which violates third party copyrights
- Racist or violence-glorifying works
- Instructions for criminal offenses against public order
- This list is not conclusive and can be extended at our will.
- Bayfiles will immediately block such contents after being notified of them and delete these files after an inspection phase of 14 days. Furthermore, it will delete files, which are identical to previously deleted files.
- Bayfiles is entitled to terminate the contractual relationship with users, who infringe upon these upload rules without notice, to block the access of said users and/or to delete the accounts of such users including all the contents.
III. Free Use
- At its discretion, Bayfiles shall provide its users with administration and storage capacities. It is entitled to temporarily prohibit the saving of new files, set limits for the maximum possible file sizes, to only begin downloading files after a waiting period, to limit the transfer speed and to limit the maximum number of permitted downloads per file. Bayfiles hereby refers to the fact that, in order to clean its hard drive, it is entitled to delete those files which have not been accessed for a longer period of time. However, this deletion shall only take place after 30 days have passed since the end of the last download. If a file has not been accessed for download, the minimum storage period of 30 days shall begin with the completion of upload.
- Users of the Bayfiles infrastructure shall have the option of registering free-of-charge. Through this registration, they can expand the functions of the Bayfiles services and view and manage all files, which have been uploaded using this account. The users are obligated to keep the user names and passwords of their accounts secret. It is not permitted to forward user names and passwords to third parties.
IV. Services which incur a Charge
- As well as the free use described in Number III., users of the Bayfiles infrastructure also have the option of expanding their accounts with a payable package, so that they can use additional services.
- Bayfiles provides information on the bayfiles.net website about available packages, the services contained within the packages, the prices and payment options and additional usage conditions of each package. Bayfiles is entitled to remove individual packages at any time, to change the services contained within the packages or to offer new packages as part of its services. Users, who have already paid for a package that is no longer available, are entitled to terminate their contract without notice within one month of receiving notification about the change and shall receive a proportionate reimbursement of the package price they have already paid.
- The commercial sale of accounts with or without chargeable services together with any other products and services requires the authorisation of Bayfiles. Bayfiles reserves the right to block accounts, which are used by several persons without the authorisation of Bayfiles or which have been sold on in a commercial manner without the authorisation of Bayfiles. Any damages which arise through the forwarding of passwords or unauthorised access to accounts shall not be reimbursed by Bayfiles if the unauthorised access is not the result of a deliberate intention or gross negligence of Bayfiles or its vicarious agents.
- To acquire the chargeable services, Bayfiles provides its customers with the option of acquiring prepaid credit using PayPal.
- Users are forwarded to an SSL-encoded internet site of the payment provider, through which they can make the payment using an existing PayPal account or credit card. PayPal will then return the user to the Bayfiles internet site. As soon as PayPal has confirmed the receipt of payment to Bayfiles, Bayfiles shall provide the user with his/her prepaid credit.
- Bayfiles hereby refers expressively to the fact that it will immediately block accounts if the prepaid credit acquired for these accounts is reversed, if charges or credit card debits "bounce" or if the payment provider reverses a payment as a preventative measure due to irregularities. Bayfiles is not in the position to clarify the background for reversed payments and will refer the user to his/her bank or selected payment provider in the case of such payment problems. Should an account, which has been blocked due to a reverse payment, be released again, Bayfiles is entitled to charge an administrative fee of max. 20 Euro from the customer's credit.
VI. Availability; Data Security
- Principally, Bayfiles shall provide the functions listed in Number I. (1) 24 hours per day and seven days per week. However, this availability only has a guaranteed monthly average availability rate of 99%. Times, during which the server cannot be accessed via the internet due to technical or other problems, which are not within the sphere of influence of Bayfiles (third party faults, force majeure, etc.), are excluded from this.
- Bayfiles shall endeavour to keep necessary maintenance works as brief as possible. Bayfiles will only temporarily restrict the access to its services if the security or functionality of network operations urgently requires this. Should such restrictions (for example, to defend against hacker attacks) be required, Bayfiles will immediately inform its users of the background to this restriction. Should it be foreseeable that downtimes for maintenance or software updates will last longer than three hours, Bayfiles will notify its users of this at least three days before carrying out the work.
- Bayfiles will inform users of accounts about changes to the General Terms and Conditions before they come into effect. If the user has acquired a chargeable product and changes are made to this product which disadvantage the user, then the user shall be entitled to terminate the contractual relationship within a period of four weeks after receiving notification of the changes. If the user does not make use of his/her right to terminate the contract, then the changes shall be deemed accepted and shall become effective components of the contract. Bayfiles shall be obligated to refer the user to this rule once again when providing notification of the new General Terms and Conditions.
- Should a term of the contract or a condition in the General Terms and Conditions be or become wholly or partially ineffective, then the validity of the contract or the General Terms and Conditions shall remain unaffected by this. Another condition shall be put in place of the ineffective condition, which comes closest to the purpose of this condition in a legally effective manner. This shall also apply in the case that there is a loophole.
By using our site and/or service, you agree that we are authorized to block your access and delete your files for any violation of our Conditions of Use or for the following reason.
We have a policy of terminating, without notice and without recourse, accounts of subscribers or account holders who are repeat infringers of copyright, and you agree that we may apply that policy to your account or subscription in our sole judgment based upon a suspicion on our part or a notification we receive regardless of proof of infringement.
If you write programs aiming to violate our Conditions of Use, you will be prosecuted and made liable for any losses occurred.
Hong Kong, 2011.08.03