Terms of use

last change on 14-Feb-2021

Definitions

The Terms of Use and the underlying notices and processing guidelines are an agreement between you, the user of our file sharing services transmitted via the domain ysendit.com and nweber.de, the provider of this file sharing service, further referred to as ySendit.

By accessing or using any part of the Site, you fully agree to these Terms of Use. In the event that ySendit becomes aware of or is notified of any alleged unlawful activity, ySendit reserves the right to follow the procedure described in this Terms of service. For more information about how ySendit processes personal information and cookies, please see our Privacy Policy.

Services

ySendit provides you with the infrastructure and facilities to transfer and receive digital data up to 2 terrabytes (TB) per transfer to others and/or yourself via our website under the terms and conditions set out in this Agreement. ySendit transfers all types of data, subject to these terms and conditions.

Users can share files via link and mail for free through the public instance, or can purchase an own dedicated file sharing instance (further referred to as "private instance") for a fee. Both use cases are covered in and are subject to these terms.

Fair use policy

The following fair use policy only applies to the public ySendit Instance.

Users can share all types of files without a file size restriction. ySendit doesn't limit the number of downloads of a Transfer either. However, we ask users to don't use the instance for commercial and bandwidth-hungry purposes and not to store data on it:

  • Storing backups or archiving documents
  • Sharing large commercial movies
  • Any illegal stuff

Data processing

For both instance types, uploaded data (Transfers via link or email) are stored and can be downloaded from ySendit’s servers for the selected duration. After this time, files will be permanently deleted. Transfer data of private instances is stored isolated. Each file can be sent via link or email to an unlimited number of recipients per transfer (each email is sent separately to each recipient for privacy reasons). If you have shared the file transfer by email, the recipients will receive an email with the download link of their transfer (for privacy reasons each recipient will receive a separate email). If a recipient has downloaded the Transfer, you will receive a notification by mail.

With peer-to-peer file sharing, files are sent directly between the devices and never end up on our servers. The peer-to-peer file sharing option isn't available for private instances.

Service availability

We make every effort to ensure a trouble-free service with high availability. However, there is no claim to this.

Private instances are not monitored by us. If a private instance goes down or doesn't work as normal, ySendit makes every effort to restore its functionality after ySendit has been informed about the issue by the owner of the instance. However, there is no claim to this. If we can't repair the instance, you have the right to cancel the subscription prior to the end of the current billing circle and to get a refund for billed months after the current month.

Data ownership, permissions and responsibility

ySendit does not claim any ownership rights to the content of the data you transmit via our service. You are fully and solely responsible for the data you send via our service.

By using our Service, you warrant that you have all necessary permissions, including copyright and other intellectual property rights, for each file to be distributed, transmitted, stored and/or made available online as part of our Service.

Customers of a private instance have direct access to all files transferred over ySendit and can export them. However, they don't have direct access to Transfer data like email receivers, Transfer size, download log, etc.

Confidentiality

Every file transfer between you and the recipients is kept confidential. ySendit does not provide a public search function, catalog or listing to locate transfers. A listing of your transmissions can only be viewed through the owner of the ySendit instance. For the public instance, this is ySendit, for private instances, this is the purchaser of the instance. ySendit will not look into your Transfers or files shared over the public instance unless it is necessary and in accordance with our privacy policy, for example to be able to provide you with (technical) support on your request. Please pay attention to who you give the download links to - whoever has them will get access to these Transfers (files).

Your emails, files and personal data will not be resold or otherwise used.

Not permitted

ySendit respects your rights and demands that you respect those of ySendit, its users and third parties. This includes the right to privacy, trade secrets and intellectual property rights, such as trademarks, service marks, trade names and logos. You agree not to use the Service for illegal or criminal acts or violations of these terms and conditions or to facilitate other violations.

As a condition of using the Service, you agree not to send any data that:

  • contains child pornography, is defamatory, profane, indecent or illegal
  • promotes racism, violence or hate speech
  • are factually inaccurate, false, misleading
  • misuse intellectual property rights or privacy rights
  • bring about a violation or infringement of applicable laws or regulations
  • include "hate speech", whether directed at an individual or a group, and whether based on race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group
  • facilitate or promote gambling or the sale or use of alcohol, tobacco products or illegal drugs

You also agree that you will not:

  • imitate or pretend to belong to a person or entity you don't belong
  • attempt to access any non-public areas of our website or services
  • send viruses, worms, malware, junk mail, spam, chain letters, phishing mails, unsolicited promotions or advertisements of any kind
  • attempt to probe, scan, compromise or test the vulnerability of the Site or the Service or any service, system or network connected thereto, or breach any security or authentication
  • use our service to build a similar service to what ySendit offers.

Terms for private instance owners

As an owner of a private instance you are required to link the consent screen to a terms and a privacy policy page describing how you process uploaded data. In addition, you must remove files when you are requested to do so by the uploader of those files. If files are reported to you as illegal, you must remove those files immediately.
As all files are stored on an AWS Account of the owner of the ySendit Instance, ySendit is not responsible for any kind of illegality resulting in the use of its file transfer service.

Afer you have subscribed to a monthly plan, ySendit hosts your Instance. When you cancel the subscription, ySendit immediately deletes your Instance. As a part of the subscription ySendit updates your purchased Instances automatically if there is a new version available.

The subscription of an Instance can be canceled by the buyer and ySendit at any time. The cancelation is effective immediately, unused period will not be refunded.

ySendit offers a free initial setup service. However, further setup and tailorizations require an upgrade to the business plan and involve additional charges.

Violation of conditions

ySendit reserves the right, to block users (and their data) of the public instance and customers of a private instance temporarily or permanently and/or remove them from our servers without warning, if ySendit determines, at its sole discretion or after receiving substantiated and valid complaints, that you are in breach of these terms or in violation of any applicable laws or regulations.

If a violation of these Terms and Conditions and/or any applicable law or regulation is determined in the public instance, ySendit reserves the right to investigate and/or remove affected files and data without prior notice. In the case of encrypted transmissions, we reserve the right to delete the transmission if necessary without prior examination.

If a violation of these Terms and Conditions and/or any applicable law or regulation is determined in a private instance, ySendit contacts the owner of this instance. Afterwards, or when the owner doesn't respond, ySendit decides at its sole discretion if the private instance gets closed and deleted or if the instance can stay.

In extreme cases, we also reserve the right to block your account (at our discretion). If this occurs, you will not be able to use the service again.

Copyright of our service

All elements (texts, pictures, graphics, animations) of our website and service are protected by copyright and may not be copied, passed on, distributed or stored, neither in whole nor in part, without our written permission. This does not include news, press photos and any press information.

Disclaimer

Insofar as links are placed from this website to other websites, it is pointed out that there is no influence whatsoever on the design and content of the linked pages and that the content is not adopted as its own. This applies to all external links on this site.

For linked pages, it applies that illegal contents were not recognizable at the time of linking. The links are regularly checked for illegal content and in the event of legal infringements are removed immediately.

ySendit can not be held liable, should the use of downloaded files such as videos, audios, images or documents (avi, mp4, vob, mkv, doc, txt, ppt, pdf, mp3, vma, gif, jpg, png, bmp, tif, raw, bat, dwg, ttf, com, exe, ...) Damages occur.

Change interval

Please note that the content of the privacy policy and the terms and conditions can be changed at any time by ySendit. In such a case, each user must give his or her consent to the adapted terms and conditions the next time he or she visits ysendit.com before using it again. 

If you cannot agree to the current content of this statement or future changes, we would ask you to stop using the ySendit service.

Place of jurisdiction

The place of jurisdiction for all disputes arising from legal relationships with ySendit shall be the company's registered office.