Terms of Service

Terms of Service

This Service Agreement describes the terms and conditions on which File-Upload.to and fup.to ("we", "the service", "the service provider") offers services to you ("User"). By using our services, User agrees to be bound by the following terms and conditions.

Disclaimer

There is no claim to permanent and uninterrupted accessibility of our service. We accept no liability for the unavailability or temporary failure of our service. This service is not intended to be a permanent data storage for personal files. We are not liable for the loss or deletion of the uploaded files, contents or user information. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Limitation of liability

In no case shall we be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content posted, transmitted, or otherwise made available via the service.

Content Guidelines

The user is responsible for his content and uploaded files. He assures that he will not distribute any content via this service that violates applicable law or agreements with third parties. This applies particularly to offensive, obscene, racist, threatening, harassing, defamatory and child-abuse or child-pornographic oriented content. The user expressly assures that the provision and publication of the content does not violate any law in the country of his residence, in particular copyright, data protection and competition law. The service provider reserves the right to exclude all data from being stored on the server for any reason, even without explanations. The Service Provider is entitled to block and remove content that is suspected to violate these terms. In particular, all files and contents shall be deemed incompatible with these termse of service, that are listed below.

• copyright infringing material
• child pornography or child abuse material
• material violating the privacy or human rights of other persons or organisations
• showing, glorifying or calling for acts of violence, crime, abuse or murder
• spam or material that influences our server infrastructure negatively
• material intended for use in unsolicited spam emails
• material that offends human dignity
• material that is suspected to contain viruses, malwares or adware

Furthermore, we do not allow bypassing any security mechanisms on our service website. This includes the exploitation of bugs or the intentional manipulation of our services. Any damage to the infrastructure of our service and its attempt is strictly prohibited. If we become aware of a violation of these terms, we have the right to delete the material in question without consulting the uploader. The Service Provider is entitled, without prior notice and in its free discretion, to block User information (including content and files), in whole or in part, or to delete such information in whole or in part, where it is incompatible with these terms and / or with applicable law.

Privacy

It is our policy to respect your privacy regarding any information we may collect while operating our website. We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned. If there is an opportunity to enter personal or business data on the website, the disclosure of this data by the user is expressly voluntary. The use of all offered services is permitted - as far as technically possible and reasonable - without providing such data or by entering anonymized data or a pseudonym. We do not store any personal data when visiting the website, except for cookies, timestamp and IP address logs, which are needed for the normal use of the site. When uploading files, we may save the IP address of the uploader. IP or user data will not be disclosed to any third party. The log files of our servers contain - as with any other website - cookies, IP address and time of a request to our website. We do not disclose private, confidential information to any third party without they providing a valid court order. Please be advised to check Google's Privacy Policy as well, because we use Google Services such as Google ReCaptcha for security purposes. For analysis purposes, we also use Google Analytics. In this case, pseudonymized data that can not be traced back to the individual user is obtained.

Abuse and DMCA Policy

We will respond to valid DMCA takedown notices of alleged copyright infringement or any report of violation of this Terms of Service. Our response to valid takedown notices will be to remove the infringing material at the earliest possible opportunity. Every abuse report is carefully checked for validity by our team. DMCA or abuse complaints can only be submitted via our abuse form. We will check the case as soon as possible, but at the latest within two working days. The service provider is not obliged to inform the uploader of the file in question about measures or the deletion of its file.

Deletion Policy

Files will be deleted if they violate these terms of use. Uploads from users without a registered account (guests) are irrevocably deleted 60 days after the files last download, meaning that a file will be stored on our servers as long as it is being downloaded at least once within 60 days.

Other

The service provider has the right to change the terms and conditions at any time. If the user does not agree, he will be excluded from the further use of this service. If user takes part in our affiliate program the terms, rates and details mentioned on our affiliate page apply.