Die Nutzungsbestimmungen (Terms of usage) des Cloudservice-Dienstleisters sind ergänzender Bestandteil der AGB der CryonHOST GmbH:

Policy and TOS


P R I V A C Y P O L I C Y

This Privacy Policy provides our policies and procedures for collecting, using, and disclosing your information. Users can access the NETSAFE.PRO service (the "Service") through our website www.netsafe.pro, applications on Devices, through APIs, and through third-parties. A "Device" is any computer used to access the NETSAFE.PRO Service, including without limitation a desktop, laptop, mobile phone, tablet, or other consumer electronic device. This Privacy Policy governs your access to the NETSAFE.PRO Service, regardless of how you access it, and by using our Services you consent to the collection, transfer, processing, storage, disclosure and other uses described in this Privacy Policy. All of the different forms of data, content, and information described below are collectively referred to as "information".

1. The Information We Collect And Store
We may collect and store the following information when running the NETSAFE.PRO Service:

Information You Provide: When you register an account, we collect some personal information, such as your name, phone number, credit card or other billing information, email address and home and business postal addresses. You may also ask us to import your contacts by giving us access to your third party services (for example, your email account) or to use your social networking information if you give us access to your account on social network connection services. You may also provide us with your contacts' email addresses when sharing folders or files with them.

Files: We collect and store the files you upload, download, or access with the NETSAFE.PRO Service ("Files"). If you add a file to your Livedrive that has been previously uploaded by you or another user, we may associate all or a portion of the previous file with your account rather than storing a duplicate.

Log Data: When you use the Service, we automatically record information from your Device, its software, and your activity using the Services. This may include the Device’s Internet Protocol ("IP") address, browser type, the web page visited before you came to our website, information you search for on our website, locale preferences, identification numbers associated with your Devices, your mobile carrier, date and time stamps associated with transactions, system configuration information, physical system information, metadata concerning your Files, and other interactions with the Service.

Cookies: We also use "cookies" to collect information and improve our Services. A cookie is a small data file that we transfer to your Device. We may use "persistent cookies" to save your registration ID and login password for future logins to the Service. We may use “session ID cookies” to enable certain features of the Service, to better understand how you interact with the Service and to monitor aggregate usage and web traffic routing on the Service. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all aspects of the Service.

2. How We Use Personal Information

Personal Information: In the course of using the Service, we may collect personal information that can be used to contact or identify you ("Personal Information"). Personal Information is or may be used: (i) to provide and improve our Service, (ii) to administer your use of the Service, (iii) to better understand your needs and interests, (iv) to personalize and improve your experience, and (v) to provide or offer software updates and product announcements.

Geo-Location Information: Some Devices allow applications to access real-time location-based information (for example, GPS). Our mobile apps do not collect such information as of the date this policy went into effect, but may do so in the future with your consent to improve our Services. Some photos you place in Livedrive may contain recorded location information. We may use this information to optimize your experience. Also, some of the information we collect from a Device, for example IP address, can sometimes be used to approximate a Device’s location.

Analytics: We also collect some information (ourselves or using third party services) using logging and cookies, which can sometimes be correlated with Personal Information. We use this information for the above purposes and to monitor and analyze use of the Service, for the Service’s technical administration, to increase our Service’s functionality and user-friendliness, and to verify users have the authorization needed for the Service to process their requests. As of the date this policy went into effect, we use Google Analytics. To learn more about the privacy policy of Google Analytics, click here, and to learn how to opt out of that service click here.

3. Information Sharing and Disclosure

Your Use: We will display your Personal Information in your profile page and elsewhere on the Service according to the preferences you set in your account. Any information you choose to provide should reflect how much you want others to know about you. Please consider carefully what information you disclose in your profile page and your desired level of anonymity. You can review and revise your profile information at any time. We may also share or disclose your information with your consent, for example if you use a third party application to access your account (see below). Through certain features of the Service, you may also have the ability to make some of your information public. Public information may be broadly and quickly disseminated.

Service Providers, Business Partners and Others: We may use certain trusted third party companies and individuals to help us provide, analyze, and improve the Service (including but not limited to data storage, maintenance services, database management, web analytics, payment processing, and improvement of the Service’s features). These third parties may have access to your information only for purposes of performing these tasks on our behalf and under obligations similar to those in this Privacy Policy.

Third-Party Applications: We may share your information with a third party application with your consent, for example when you choose to access our Services through such an application. We are not responsible for what those parties do with your information, so you should make sure you trust the application and that it has a privacy policy acceptable to you.

Compliance with Laws and Law Enforcement Requests; Protection of NETSAFE.PRO's Rights: We may disclose to parties outside NETSAFE.PRO files stored in your NETSAFE.PRO and information about you that we collect when we have a good faith belief that disclosure is reasonably necessary to (a) comply with a law, regulation or compulsory legal request; (b) protect the safety of any person from death or serious bodily injury; (c) prevent fraud or abuse of NETSAFE.PRO or its users; or (d) to protect NETSAFE.PRO’s property rights. If we provide your NETSAFE.PRO files to a law enforcement agency as set forth above, we will remove NETSAFE.PRO’s encryption from the files before providing them to law enforcement. However, NETSAFE.PRO will not be able to decrypt any files that you encrypted prior to storing them on NETSAFE.PRO.

Business Transfers: If we are involved in a merger, acquisition, or sale of all or a portion of our assets, your information may be transferred as part of that transaction, but we will notify you (for example, via email and/or a prominent notice on our website) of any change in control or use of your Personal Information or Files, or if either become subject to a different Privacy Policy. We will also notify you of choices you may have regarding the information.

Non-private or Non-Personal Information: We may disclose your non-private, aggregated, or otherwise non-personal information, such as usage statistics of our Service.

4. Changing or Deleting Your Information

If you are a registered user, you may review, update, correct or delete the Personal Information provided in your registration or account profile by changing your "account settings". If your personally identifiable information changes, or if you no longer desire our service, you may update or delete it by making the change on your account settings. In some cases we may retain copies of your information if required by law.

5. Data Retention

We will retain your information for as long as your account is active or as needed to provide you services. We may retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Consistent with these requirements, we will try to delete your information quickly upon request. Please note, however, that there might be latency in deleting information from our servers and backed-up versions might exist after deletion. In addition, we do not delete from our servers files that you have in common with other users.

6. NETSAFE.PRO Community

Our Service offers publicly accessible community services such as blogs, forums, and wikis. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. Your posts may remain even after you cancel your account.

7. Security

The security of your information is important to us. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL). We follow generally accepted standards to protect the information submitted to us, both during transmission and once we receive it. No method of electronic transmission or storage is 100% secure, however. Therefore, we cannot guarantee its absolute security.





T E R M S O F S E R V I C E

Terms of Use

General Terms

These terms of service ("Terms") govern your access and use of all NETSAFE.PRO services so please read them carefully before using the services.

By using the services you agree to be bound by these Terms in their entirety.

If you are using the services on behalf of an organization then you are agreeing to these terms for that organization and are warranting that you have the authority to bind that organization to these terms. In that case "you" and "your" will refer to that organization.
You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with NETSAFE.PRO and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.

Your Files and Privacy

By using our Services you provide us with information, files, and folders that you submit to NETSAFE.PRO (together, "your files"). You retain full ownership to your files. We don’t claim any ownership of any of it. These Terms do not grant us any rights to your files or intellectual property except for the limited rights that are needed to run the Services, as explained below.

We may need your permission to do things you ask us to do with your files, for example, hosting your files, or sharing them at your discretion. This includes product features visible to you, for example, image thumbnails or document previews. It also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services.

To be clear, aside from the rare exceptions we identify in our Privacy Policy, no matter how the Services change, we won’t share your content with others, including law enforcement, for any purpose unless you direct us to. How we collect and use your information generally is also explained in our Privacy Policy.

You are solely responsible for your conduct, the content of your files and folders, and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.

We may choose to review public content for compliance with our community guidelines, but you acknowledge that NETSAFE.PRO has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.
Sharing

The Services provide features that allow you to share your files with others or to make it public. There are many things that users may do with your files (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share or make public. NETSAFE.PRO has no responsibility for that activity.
Modifications

We may revise these Terms from time to time and the most current version will always be posted on our website. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
Software and Updates

Some of our Services require you to download a client software package ("Software"). NETSAFE.PRO hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. Your license to use the Software is automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so. Our Services may update the Software on your device automatically when a new version is available. Your acceptance of such updates is required under the Terms.
Account Security

You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify NETSAFE.PRO of any unauthorized use of your account.
Your General Responsibilities

Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not NETSAFE.PRO, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service.

You, and not NETSAFE.PRO, are responsible for maintaining and protecting all of your files. NETSAFE.PRO will not be liable for any loss or corruption of your files, or for any costs or expenses associated with backing up or restoring any of your files.

If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current.
Account Security

You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify NETSAFE.PRO of any unauthorized use of your account.
Your General Responsibilities

Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You, not NETSAFE.PRO, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service.

You, and not NETSAFE.PRO, are responsible for maintaining and protecting all of your files. NETSAFE.PRO will not be liable for any loss or corruption of your files, or for any costs or expenses associated with backing up or restoring any of your files.

If your contact information, or other information related to your account, changes, you must notify us promptly and keep your information current.
Limitation of Liability

THE SERVICES AND SOFTWARE ARE PROVIDED "AS IS", AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NETSAFE.PRO will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software. Some jurisdictions in the United States do not allow the types of disclaimers in this paragraph, so they may not apply to you.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL NETSAFE.PRO, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT NETSAFE.PRO HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF £20 OR THE AMOUNTS PAID BY YOU TO NETSAFE.PRO FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Some jurisdictions in the United States do not allow the types of disclaimers in this paragraph, so they may not apply to you.
Termination

You can stop using our Services any time. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately. If we terminate your service for breach of these terms no refund of any fees paid to NETSAFE.PRO relating to your service will be offered. If we terminate your service for any other reason than breach of these terms, or at our sole discretion, then we may refund unused portion of fees paid for the Services on a pro-rate basis.
Jurisdiction

THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY UNITED KINGDOM LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE COURTS OF LONDON, UK AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and NETSAFE.PRO with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. NETSAFE.PRO’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but NETSAFE.PRO may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. NETSAFE.PRO and you are not legal partners or agents; instead, our relationship is that of independent contractors.
Free Trial Period

Where services are offered on a free trial basis, payment will be taken for the first month, quarter or year when you enter your billing details during the free trial period.

The renewal date for the contract shall be deemed to be one month, quarter or year following the end of the free trial period.

If you wish to cancel your contract during the free trial period you may do so by informing us in writing before the end of the free trial period, and before you have made payment.

If you do not cancel your service prior to the end of the free trial period the fees for the first month, quarter or year of your service will become due.

Optionally, with some services, you may pay in advance at the commencement of your free trial. In these circumstances you cannot cancel the free trial as described above, but a money back guarantee may be available if you chose to cancel within 30 days.
Money Back Guarantee

Some services are advertised as including a money back guarantee. To receive a refund under the guarantee you must inform us in writing before the end of the advertised money back guarantee period.

If you do not claim a refund of fees during this period then no refund will be due.

Money back guarantee is not available in combination with a free trial. If you pay for our services during or at the end of a free trial period then no money back guarantee will be available.
Fees

All charges payable by you for the NETSAFE.PRO Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site, errors and omissions excepted, and shall be due and payable in advance of provision of the NETSAFE.PRO Services.

80% of the first year's fees charged for any NETSAFE.PRO service relate to the initial setup of your account, provisioning of computer hardware, support and service activation. You agree that, except where otherwise specified in these terms, these fees are not refundable on any basis.

We reserve the right to alter pricing, including ceasing to offer elements of the NETSAFE.PRO Services. NETSAFE.PRO will inform you by email if the charge for a service is to be altered. You can then decide if you want to continue to use such service. Your continued use of the service after the proposed fee modification has been notified will be considered acceptance of the proposed fee modification.

All fees for our services are due in advance and your contract will automatically renew on its anniversary month, quarter or year, at which point fees for the following month, quarter or year become payable. If you choose to pay by credit or debit card then you authorise NETSAFE.PRO to debit your account renewal fees from your card. If you wish to cancel your contract with NETSAFE.PRO, you must do so in writing before the renewal of your contract.

All fees paid to us are non refundable except in circumstances set out in these Terms.

You agree not to issue a chargeback via your bank in relation to any fees charged by us. If you do so you accept that you will be liable for our costs in dealing with the chargeback and recovering any fees properly due to us under the Terms.
Intellectual Property

Please be aware that we may use any feedback, comments, or suggestions that you send us or post in our forums without any obligation to you.

The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. These Terms do not grant you any rights to use the NETSAFE.PRO trademarks, logos, domain names, or other brand features.
Additional Terms applicable to use of NETSAFE.PRO Backup

Some services, including the NETSAFE.PRO Backup and NETSAFE.PRO Pro Suite package are sold on a per-computer basis and include unlimited data backup for that computer. You are only permitted to backup data stored on a) internal hard drives of that computer, b) externally connected drives, such as USB drives, connected to that computer or c) NAS storage devices attached to that computer. Backing up of NAS storage devices may incur an extra charge on some packages.

There is a limit of 2TB for any single external drive including NAS devices and USB drives.

With the exception of our business service, services that include NETSAFE.PRO Backup are not to be used for archiving. You must at all times hold an original copy of the data in the original location on the system it was backed up from. If you delete files from your computer that have been backed up we will remove the corresponding backup from our servers.

You must at all times run the NETSAFE.PRO software on any computer that is being backed up and you must ensure this computer connects to the Internet at least once every 30 days. NETSAFE.PRO will remove backups for computers that have not connected to the service for 30 days.

If you wish to restore data backed up onto our servers we may require up to 72 hours notice. Whilst ordinarily we would expect your data to be available for restore immediately, we reserve the right to archive data in facilities where it may not be available for immediate access.

Terms applicable to Resellers

The following terms apply to use of the NETSAFE.PRO Reseller package available on our website. These terms may not apply to you if you have a agreed specific Terms with NETSAFE.PRO:

You agree to act as a positive ambassador for the NETSAFE.PRO brand at all times.
You must provide an appropriate level of support to your customers by telephone or e-mail. You must not ask your customers to contact NETSAFE.PRO at any time. NETSAFE.PRO will not offer support or service to your customers.
Where you advertise services that include NETSAFE.PRO services you must at all times deliver the service that has been described to a standard acceptable to NETSAFE.PRO
You are not permitted to use any NETSAFE.PRO property including logos, icons, designs and text without our written authorization.
You may not distribute any aspect of the NETSAFE.PRO service free of charge. If you bundle the NETSAFE.PRO services with another service this service must not be distributed free of charge.
You are responsible for ensuring that your customers use the services in accordance with applicable terms within these Terms. We will hold you liable for any breach of our terms by your customers.
NETSAFE.PRO has no contract whatsoever with your customers and will not attempt to contact your customers at any time except where stated in these Terms.
If you fail to pay fees due to NETSAFE.PRO or fail to comply with these Terms then NETSAFE.PRO reserves the right to suspend or terminate services to your customers and, at our discretion, to contact your customers to inform them that this has occurred and to offer them alternative services.





Acceptable Use

You agree not to misuse the NETSAFE.PRO services. For example, you must not, and must not attempt to, use the services to do the following things.

Probe, scan, or test the vulnerability of any system or network;
Breach or otherwise circumvent any security or authentication measures;
access, tamper with, or use non-public areas of the Service, shared areas of the Service which you have not been invited to, NETSAFE.PRO (or our service providers’) computer systems;
Interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
Plant malware or otherwise use the Services to distribute malware;
Access or search the Services by any means other than our publicly supported interfaces (for example, "scraping");
Send unsolicited communications, promotions or advertisements, or spam; send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
Publish anything that is fraudulent, misleading, or infringes another's rights; promote or advertise products or services other than your own without appropriate authorization;
Impersonate or misrepresent your affiliation with any person or entity;
Publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;
Violate the law in any way, or violate the privacy of others, or defame others.





Copyright Policy

In accordance with the Digital Millennium Copyright Act of 1998, NETSAFE.PRO will respond expeditiously to claims of copyright infringement committed using the NETSAFE.PRO service and/or the NETSAFE.PRO website (the "Site") if such claims are reported to NETSAFE.PRO in the manner identified in the sample notice below.

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it by postal mail to the address below.

DMCA Notice of Alleged Infringement ("Notice")

Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.

Include both of the following statements in the body of the Notice:

"I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."

"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to:

NETBONE DIGITAL AG
NETSAFE.PRO Team
Postfach 551135
90218 Nuernberg
Germany