Terms of Service
Keepit a/s, company registration no 30806883, Per Henrik Lings Allé 4,4th Floor, 2100 Copenhagen, Denmark (hereinafter "KEEPIT") renders web hosting services by enabling users to upload and share files, including documents, video, music and photos as stipulated in item 1..Please read these Terms of Service (hereinafter “Terms”) carefully. These terms govern your access to and use of KEEPIT’s web hosting services and related services ( hereinafter the “Services”). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By clicking to accept these Terms or by uploading, accessing or using the Services you agree to be bound by these Terms. KEEPIT may change or modify these Terms at any time and in our sole discretion. Your continued use of KEEPIT’s web hosting services will confirm your acceptance of the revised Terms. If you cannot accept the Terms you may not use the Services.
1. The Services
KEEPIT provides its users with an infrastructure, which enables the user to save electronic files on KEEPIT’s internet servers. After selecting a file, the user receives a unique download link, through which the user's file immediately can be downloaded through the internet. After selecting the file, it is saved on the KEEPIT internet servers for download at any time using the unique download link. Basic services provided by KEEPIT are free-of-charge, see item 4. Other services, which add features and functionality to the basic services, are provided for a charge, see item 5.
2. File Upload and Content Rules
The size of each individual file saved on the KEEPIT’s internet servers may not exceed 2GB.You may upload files on the KEEPIT’s internet servers provided that these files fulfill KEEPIT’s requirements as to their use and content (in this section 2, “Content” means any communications, images, photographs, text, video, audio-visual works, drawings, paintings, and all other material and information that a user uploads or transmits through the KEEPIT internet servers, or that other users upload or transmit).BY UPLOADING CONTENT TO THE KEEPIT SERVICE, YOU GRANT TO KEEPIT, INCLUDING WITHOUT LIMITATION KEEPIT'S SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE, PERPETUAL, IRREVOCABLE, SUB-LICENSABLE, TRANSFERABLE, WORLDWIDE, PAID-UP RIGHT TO STORE AND REPRODUCE SUCH CONTENT ON THE KEEPIT INTERNET SERVERS AND TO ACCESS THE USERS' COMPUTER FOR THE PURPOSE OF ACCESSING THE CONTENT THAT THE USERS HAVE SAVED WITH KEEPIT.
YOU ARE NOT PERMITTED TO UPLOAD ANY CONTENT THAT YOU HAVE NOT OBTAINED BY LEGAL MEANS AND/OR THAT CANNOT LEGALLY BE DISTRIBUTED BY YOU (E.G. CONTENT THAT VIOLATES ANY COPYRIGHTS, INSTRUCTIONS FOR CRIMINAL OFFENSES AGAINST PUBLIC ORDER, CHILD PORNOGRAPHY, RACIST OR VIOLENCE-GLORIFYING CONTENT, ETC.).
YOU MAY NOT UPLOAD OR OTHERWISE TRANSMIT TROUGH THE SERVICES ANY CONTENT THAT IS SUBJECT TO ANY THIRD PARTY RIGHTS WITHOUT BEING GRANTED PERMISSION BY SUCH THIRD PARTIES TO DO SO. BY UPLOADING CONTENT TO THE KEEPIT SERVICES, YOU ACKNOWLEDGE AND AGREE THAT KEEPIT WILL IN NO WAY BE SUBJECT TO ANY OBLIGATION, WHETHER OF CONFIDENTIALITY, ATTRIBUTION OR OTHERWISE, REGARDING THE CONTENT.KEEPIT RESERVES ANY RIGHT TO IMMEDIATELY BLOCK, REMOVE AND/OR DELETE ANY CONTENT AT ITS SOLE DISCRETION.
KEEPIT IS ENTITLED WITHOUT NOTICE TO SUSPEND OR TERMINATE THE SERVICES (PAID OR UNPAID) TO A USER, WHO INFRINGES THIRD PARTY RIGHTS OR IS IN BREACH OF KEEPIT'S UPLOAD AND CONTENT RULES, INCLUDING TO BLOCK THE ACCESS OF THE SAID USER AND/OR TO DELETE THE ACCOUNTS OF THE SAID USER, INCLUDING ALL CONTENT.
KEEPIT claims no ownership rights in the users' Content, and KEEPIT neither does nor can pre-screen or monitor Content. KEEPIT does not assume any responsibility or liability for Content of any kind. KEEPIT reserves the right, at all times and in the sole discretion of KEEPIT, to disclose any Content for any reason, including without limitation (i) to satisfy any applicable law, regulation, legal process or governmental request, (ii) to enforce the Terms or any other agreement, (iii) to protect the legal rights and remedies of KEEPIT, and/or (iv) to report a crime or other offensive or threatening behaviour.
KEEPIT SHALL NOT BE LIABLE IN ANY MANNER FOR THE DESTRUCTION, DELETION, MODIFICATION, IMPAIRMENT, HACKING OF OR ANY OTHER DAMAGE OR LOSS OF ANY KIND CAUSED TO CONTENT, INCLUDING, BUT NOT LIMITED TO, DELETION OF CONTENT UPON THE TERMINATION OR EXPIRATION OF A USER'S ACCOUNT.
KEEPIT does not provide any search function, with whose help the KEEPIT infrastructure can be searched. Content is not in any way neither catalogued nor listed in tables of contents by KEEPIT.
3. The Account
An account may be used by one person/entity only unless otherwise authorised by KEEPIT. The users are obligated to keep the user names and passwords of their accounts secret. It is not allowed to forward user names and passwords to third parties. The sale of KEEPIT accounts (with or without payable services) whether offered with other products and services or not requires the authorisation of KEEPIT. KEEPIT reserves the right to block accounts, which are used by several persons without the authorisation of KEEPIT or which have been sold without the authorisation of KEEPIT. Any damages which arise through the forwarding of passwords or unauthorised access to accounts shall not be reimbursed by KEEPIT.
A user may at any time delete his/her account and/or individual files saved on the Ge.tt internet servers.
4. Services Free of Charge
At its discretion, KEEPIT provide its users with storage capacities and service administration. KEEPIT is entitled to temporarily prohibit the saving of new files, set limits for the maximum possible file sizes, set limits for the maximum possible files stored by a user and delete files after a period with no download of such files. In order to clean its file storage, KEEPIT is entitled to delete files which have not been accessed for a longer period of time. However, this deletion shall only take place after minimum 30 days have passed since the file was uploaded, and if the user does not have an account.
Users of the KEEPIT Services are given the option of registering free-of-charge. Through this registration, they can expand the features and functions of the KEEPIT Services and view and manage all files, which have been uploaded using this account.
5. Paid Services
Users of the KEEPIT Services also have the option of expanding their accounts with payable packages, so that they can use additional features and functionality.KEEPIT provides information on the KEEPIT website about available paid packages, the Services contained within the packages, the prices and payment options and additional usage conditions of each package. KEEPIT 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 of the change and shall receive a proportionate reimbursement of the package price they have already paid.
To acquire the paid Services, KEEPIT provides its users with the option of payment using credit card payment.
Users, who choose to pay with credit card, are forwarded to an SSL-encoded internet site of the payment provider, through which they can make the payment using authorized credit cards. The payment provider will then return the user to the KEEPIT internet site. As soon as payment provider has confirmed the receipt of payment to KEEPIT, KEEPIT shall provide the user with his/her Services. To secure continued Service, the user has the option to select recurring payments using credit card. It is the obligation of the user to keep credit card details up to date with the payment provider.
KEEPIT 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. KEEPIT 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, KEEPIT is entitled to charge an administrative fee of maximum of 35 Euro from the user.
7. Limitation of Liability
KEEPIT WILL NOT BE LIABLE TO ANY USERS OF KEEPIT SERVICES FOR ANY: LOSS OF BUSINESS; LOSS OF REVENUE; LOSS OF PROFITS; LOSS OF ANTICIPATED SAVINGS; WASTED EXPENDITURE, LOSS OF PRIVACY AND/OR LOSS OF DATA; AND/OR ANY OTHER LOSS DAMAGE WHICH ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE SERVICES.
KEEPIT SHALL NOT BE LIABLE TO ANY PERSON FOR ANY LOSS OR DAMAGE, WHICH MAY ARISE FROM THE USE OR MISUSE OF ANY OF THE INFORMATION CONTAINED IN ANY OF THE MATERIALS STORED ON THE KEEPIT INTERNET SERVERS.
KEEPIT’S TOTAL AND AGGREGATE LIABILITY SHALL IN ALL EVENTS BE LIMITED TO THE AGGREGATE FEES PAID TO KEEPIT BY THE USER DURING THE PRIOR 12 MONTH PERIOD.
KEEPIT will inform users of changes to the Terms by posting notice of new terms on the KEEPIT website or on the Service. The user is responsible for compliance with the Terms as amended from time to time.
If the user has acquired a paid Service and KEEPIT changes this Service to the effect that the advantages of this Service are reduced, the user shall be entitled to terminate the commitment to the paid Service 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 commitment to the paid Service, the changes shall be deemed accepted and shall become effective components of the paid Service.
Should a clause of a contract with a user or a condition in the Terms be or become wholly or partially ineffective, the validity of the contract or the Terms shall remain unaffected by this. The ineffective clause/condition shall be replaced by a clause/condition that serves the purpose of the ineffective clause/condition in a legally effective manner. This shall also apply in the case that there is a loophole.
Any information on the users, such as names, addresses etc., that the users may be asked to provide to KEEPIT, is solely gathered to enable KEEPIT to identify and get in contact with its users in relation to the Services provided by KEEPIT.
KEEPIT only uses so-called first-party cookies which are cookies created and utilised by KEEPIT and only for web trends analysis. KEEPIT does not share cookie data or any other related user behaviour with any third parties.
If you write programs aiming to violate the Terms, you may be made liable for any losses occurred to KEEPIT.
9. Claims for intellectual property rights infringement
KEEPIT respects intellectual property rights of others and expects users of KEEPIT’s web hosting Services to do the same. KEEPIT undertakes to assist third parties to protect their intellectual property rights and this section describes how to provide notice to KEEPIT of Content that infringes the intellectual property rights of others.
If you are a copyright owner or agent thereof and believe that content posted on the KEEPIT’s internet servers infringes upon your intellectual property rights, including but not limited to copyright, designs and trademarks, please submit an Infringement Notification via this form.
KEEPIT reserves the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, KEEPIT will also terminate a user’s account if the user is determined to be a repeat infringer. KEEPIT’s designated intellectual property rights agent for notice of alleged infringement is: INFRINGEMENTS, KEEPIT, Per Henrik Lings Allé 4, 4th Floor, 2100 Copenhagen, Denmark.
10. Law and venue
These Terms and any action related hereto shall be governed by and construed in accordance with Danish law, disregarding the Danish choice of law rules to the extent that such rules would otherwise lead to the application of any other law than Danish law.Any dispute or claim arising out of or in connection with these Terms which cannot be settled amicably between the Parties, shall be brought before the City Court in Copenhagen in Denmark.
Copenhagen, Denmark, April 8, 2015