1. RapidShare 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 "Delete" link, with which his/her uploaded file can be removed from the server again.

2. The files saved with RapidShare are treated confidentially. RapidShare does not contain any search function, with whose help the RapidShare infrastructure can be searched. RapidShare does not open and view the files of its users. The files are not catalogued nor listed in tables of contents by RapidShare.

3. The services provided by RapidShare are essentially free-of-charge. However, RapidShare does offer services, which considerably increase the performance and user comfort, for a charge.

1. In principle, users are permitted to save any file with RapidShare, 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.

2. RapidShare 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.

3. RapidShare 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.

1. At its discretion, RapidShare 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. RapidShare 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 being with the completion of upload.

2. Users of the RapidShare infrastructure shall have the option of registering free-of-charge. Through this registration, they can expand the functions of the RapidShare 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.

1. As well as the free use described in Number III., users of the RapidShare infrastructure also have the option of expanding their accounts with a payable package, so that they can use additional services.

2. RapidShare provides information on the rapidshare.com website about available packages, the services contained within the packages, the prices and payment options and additional usage conditions of each package. RapidShare 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.

3. The commercial sale of accounts with or without chargeable services together with any other products and services requires the authorisation of RapidShare. RapidShare reserves the right to block accounts, which are used by several persons without the authorisation of RapidShare or which have been sold on in a commercial manner without the authorisation of RapidShare. Any damages which arise through the forwarding of passwords or unauthorised access to accounts shall not be reimbursed by RapidShare if the unauthorised access is not the result of a deliberate intention or gross negligence of RapidShare or its vicarious agents.

1. To acquire the chargeable services, RapidShare provides its customers with the option of acquiring prepaid credit using PayPal, bank transfer or telephone bill by way of a PayByCall process.

2. Users, who choose to pay with PayPal, 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 RapidShare internet site. As soon as PayPal has confirmed the receipt of payment to RapidShare, RapidShare shall provide the user with his/her prepaid credit. Direct payment via credit card without a PayPal account can occasionally be deactivated. In such a case, a PayPal account must be registered for the payment.

3. Users, who choose to pay using their telephone bill by way of a PayByCall process, will be shown an internet site by RapidShare, on which premium rate numbers for various countries and the price per minute for these phone numbers is displayed. In order to acquire prepaid credit using the PayByCall process, the user must view the website displayed by RapidShare, dial the premium rate number for his/her country and stay on the line until the connection is automatically cut off. After the telephone call has ended, RapidShare will show a new internet page, on which the charging of his/her prepaid credit is confirmed. RapidShare hereby explicitly points out that payment by means of the PayByCall process is not possible in all countries.

4. Users, who choose to pay via bank transfer, will be shown an internet page by RapidShare, which provides the instructions for the payment procedure. RapidShare hereby refers expressively to the fact that the reason for payment must be stated for a bank transfer, which has been generated for the user and shown to him/her on the RapidShare website. The bank charges connected with the transfer, particularly the costs for any foreign transfers, shall be paid by the user. RapidShare will only release the prepaid credit after the entire monetary amount has entered its bank account.

5. RapidShare 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. RapidShare 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, RapidShare is entitled to charge an administrative fee of max. 20 Euro from the customer's credit.

1. In many countries, a payment of prepaid credit using the payment forms described in Number V. is not possible. For this reason, RapidShare cooperates with resellers, who sell prepaid credit in such countries in their own name and at their own expense. You can find a list of resellers authorised by RapidShare here: Reseller

2. RapidShare hereby refers to the fact that resellers are not RapidShare employees and do not conclude contracts in the name of RapidShare. Users, who acquire prepaid credit through resellers, only enter into a contractual relationship with the relevant reseller with regards this purchase. RapidShare will not process any requests for support, which result from payment to resellers.

3. Furthermore, RapidShare hereby makes reference to the fact that there are various people and companies, who are not authorised resellers, who nevertheless purport to sell prepaid credit for RapidShare. RapidShare reserves the right to block accounts, for which prepaid credit has been acquired through unauthorised resellers.

1. Principally, RapidShare 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 99.5%. 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 RapidShare (third party faults, force majeure, etc.), are excluded from this.

2. RapidShare shall endeavour to keep necessary maintenance works as brief as possible. RapidShare 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, RapidShare 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, RapidShare will notify its users of this at least three days before carrying out the work.

1. RapidShare 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. RapidShare shall be obligated to refer the user to this rule once again when providing notification of the new General Terms and Conditions.

2. 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.

Cham, 2010.09.27