Rapidshare.com.cn Terms and Conditions of UseI. General Provisions. These terms and conditions are hereinafter referred to as the Terms and Conditions of Use.Other definitions used in the Terms and Conditions of Use:. 1. User – individual using Rapidshare.com.cn, irrespective of whether such person uploads any data (files) to the site.

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2. Rapidshare.com.cn site (or the Site) – collection of web pages hosted under the Rapidshare.com.cn domain name, consisting of the Rapidshare.com.cn site located at the home page in particular enabling the upload to such site of files, aimed amongst others at making such files available to other users. 3. File – file uploaded to the site by a user; formats, permissible file size and other characteristics are dependent on the site’s current functionality (current data concerning this can be found at in the site functionality section). 4.

Account – account created by a user of Rapidshare.com.cn. A User may use an account (functionality provided by the account) only after registering and activating the account. Account activation occurs through clicking on the activation link sent by the Rapidshare.com.cn system in an e-mail. A User with an active account (account after registration and activation) may always, at times when Rapidshare.com.cn is accessible, change the account password through logging in to the user account and submitting the appropriate change password request. 5.

User Profile – space on Rapidshare.com.cn containing information on a user which has been voluntarily provided by said user, appropriate to the functionality available at a given time on Rapidshare.com.cn. A user profile is only available to users with active accounts.II. Principles for use of Rapidshare.com.cn. 1. The Terms and Conditions of Use define the general principles for use of Rapidshare.com.cn, enabling users in particular to upload files free-of-charge. The Terms and Conditions of Use also define users’ rights and obligations and also the rights, obligations and scope of liability of Rapidshare.com.cn Administrator.

The principles for the operation and functionality of Rapidshare.com.cn are described in detail on Rapidshare.com.cn (in particular in the FAQs section). 2. The following is essential for correct use of Rapidshare.com.cn: possession of appropriate hardware enabling internet access and possession of software necessary to view internet content.

An essential condition for registration on Rapidshare.com.cn is possession of an e-mail address (this concerns only users wishing to set up an active account on the site). 3. All users are required to observe the provisions of the Terms and Conditions of Use. 4. Rapidshare.com.cn is entitled to all rights to the site, including in particular copyrights (with exclusion of rights to files uploaded by users). 5.

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Users have the right to the following under use of Rapidshare.com.cn on the principles defined in the Terms and Conditions of Use and the generally binding provisions of law:. 1. To download files from the Site which have been uploaded to the Site by themselves or by other users in accordance with the available functionality of the Site, with stipulation that the user has the right to free-of-charge download of files not exceeding 500MB in size, as well as their own files (files uploaded by a user who has registered and activated his/her account on Rapidshare.com.cn denoted by a user login). 2. To upload files and provide descriptions thereof in accordance with the Site's available functionality, provided that the maximum size of the user's private files cannot exceed 500MB;. 3. To place links to the Site or to files uploaded to the Site on other sites or web pages, on discussion forums or any other web services and to make such links publically available on the internet in any other manner (e.g.

Via e-mail, instant messaging services). 6. Expression by the user of consent to the provisions of these Terms and Conditions of Use is a condition for use of Rapidshare.com.cn. Use of Rapidshare.com.cn by a user denotes that such user has carefully read the Terms and Conditions of Use, accepts the Terms and Conditions of Use and expresses consent to the provisions thereof.

Use of Rapidshare.com.cn by a user, consisting of uploading specific files or other content on the Site, denotes that the user certifies that he/she has the right to upload such files or other content on Rapidshare.com.cn. The consequences of such actions, in particular a lack of appropriate right or authorisation, are borne exclusively by users committing illegal acts.

7. Liability for the results of user actions consisting of the upload of files, folders or other content to Rapidshare.com.cn shall be borne exclusively by such user. In the event that any entity raises claims against Rapidshare.com.cn for upload by a given user of defined files, folders or other content to Rapidshare.com.cn, the user shall be required, at the request of Rapidshare.com.cn or such entity, to fulfil its justified claims. The user’s obligations defined in this point concern a situation where third party claims under this point shall be a direct consequence of a user’s actions or omissions concerning upload of defined content on the Site.

8. Users using Rapidshare.com.cn through uploading specific files or other content assure that they are entitled to all rights, including in particular author’s copyrights, that through their actions they are not violating the rights of third parties and that they are legally empowered to take such actions. 9.

Subject to sec. 5, point 1 hereof, Rapidshare.com.cn does not receive remuneration from users for use of Rapidshare.com.cn. Users are not entitled to any remuneration for use of Rapidshare.com.cn. 10.

A user may use Rapidshare.com.cn through registering and activating an account or without registering and activating an account. Rapidshare.com.cn makes differentiation in the functionality of Rapidshare.com.cn for users depending on whether they have registered and activated an account on the site. Users who have not registered and activated an account in accordance with the Terms and Conditions of Use may use the service as an anonymous user (without permanent designation reserved for them). Users who have not registered and activated an account in accordance with the Terms and Conditions of Use may not upload private files to the Site or download files exceeding 500MB in size. Users who have registered and activated an account in accordance with the Terms and Conditions of Use may in particular administer their files and folders, download files exceeding 500MB in size subject to sec. 5, point 1 of the Terms and Conditions of Use, or use the Site in any other manner. The right to make other differentiation in Site functionality is reserved dependent on whether a user is a registered user with an active account (current information concerning this is available at in the Site Functionality section).

11. Activation of an account should be performed within 7 days from the date on which a user is registered on the site.

In the event of non-activation of an account within the aforementioned deadline, Rapidshare.com.cn reserves the right to delete the account. 12. Both provision of data necessary for registration on Rapidshare.com.cn and use of services available on Rapidshare.com.cn are voluntary. 13. After account activation, users may delete their Rapidshare.com.cn accounts by clicking on the 'Delete Account #1 (without files - your files will stay on our servers till they expire)' or 'Delete Account #2 (with files - your files will be permanently deleted alongside with your account)' link (under Main Menu Account Settings). 14. Data uploaded by a user shall be available on the site immediately after its upload by a user.

Rapidshare.com.cn however stipulates that a delay is possible. 15. In the event of a user registering an account on Rapidshare.com.cn, the e-mail address given is used exclusively by Rapidshare.com.cn to:. a. Send the account password to the user at the e-mail address given (at the user’s request),.

b. Provide contact between Rapidshare.com.cn and the user in issues connected with Rapidshare.com.cn (in particular to notify the user of changes taking place on the Site, news etc.),. 16. The user of a given account is responsible for all actions connected with use of the password to such account.

In the event of a password being established for a defined file or folder, the user who uploaded the file or created the folder on the Site or created said password is responsible for all actions. In particular, the user is responsible for facilitating access to the password for a given account, file or folder to selected third parties. Making passwords to an account, file or folder available to anyone is prohibited. The password to an account, file or folder constitutes confidential information for the exclusive information of users. Rapidshare.com.cn suggests that users choose a password which cannot be guessed by other persons or computer programs.

17. Only one person (user – account creator) may use an account. Facilitation of access to the account to third parties is prohibited and constitutes violation of these Terms and Conditions of Use. In the event of such violation being discovered, Rapidshare.com.cn is authorised to block the user’s account. 18. All Rapidshare.com.cn users are required to use the Site in accordance with these Terms and Conditions of Use, the principles of social coexistence, social and customary norms and the principles of “netiquette”.

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The following are prohibited (and are acknowledged as violation of the provisions of this point of these Terms and Conditions of Use):. a.