General Terms

KJ-NetworX Sky-Storage and Sky-Backup
Terms of use

These terms of service („Terms“) govern your access and use of all KJ-NetworX GmbH Sky-Storage & Sky-Backup 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 KJ-NetworX GmbH 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 KJ-NetworX GmbH Sky-Storage & Sky-Backup (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 KJ-NetworX GmbH 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. KJ-NetworX GmbH 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“). KJ-NetworX GmbH 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 KJ-NetworX GmbH Sky-Storage & Sky-Backup of any unauthorized use of your account. You allways have to use highly secdure passwords zu access your account. Consider using a password generator zu secure your data.

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 KJ-NetworX GmbH, 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 KJ-NetworX GmbH, are responsible for maintaining and protecting all of your files. KJ-NetworX 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.

KJ-NetworX GmbH 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 KJ-NETWORX GMBH, 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 KJ-NETWORX GMBH 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 60 € OR THE AMOUNTS PAID BY YOU TO KJ-NETWORX GMBH 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 KJ-NetworX GmbH 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 CONDITIONS ARE APPLICABLE TO GERMAN LAW.

Fees

All charges payable by you for the KJ-NetworX GmbH Sky-Storage & Sky-Backup 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 KJ-NetworX GmbH Sky-Storage & Sky-Backup Services.

80% of the first year’s fees charged for any KJ-NetworX GmbH Sky-Storage & Sky-Backup 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 KJ-NetworX GmbH Sky-Storage & Sky-Backup Services. KJ-NetworX GmbH 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 wish to cancel your contract with KJ-NetworX GmbH Sky-Storage & Sky-Backup, 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.

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 KJ-NetworX GmbH Sky-Storage & Sky-Backup trademarks, logos, domain names, or other brand features.

Additional Terms applicable to use of KJ-NetworX GmbH Sky-Storage & Sky-Backup Backup

Some services, including the KJ-NetworX GmbH Sky-Storage & Sky-Backup Backup and KJ-NetworX GmbH Sky-Storage & Sky-Backup 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 KJ-NetworX GmbH Sky-Storage & Sky-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 KJ-NetworX GmbH Sky-Storage & Sky-Backup 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. KJ-NetworX GmbH Sky-Storage & Sky-Backup 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.

Acceptable Use

You agree not to misuse the KJ-NetworX GmbH Sky-Storage & Sky-Backup services. For example, you must not, and must not attempt to, use the services to do the following things.

1. Probe, scan, or test the vulnerability of any system or network;

2. Breach or otherwise circumvent any security or authentication measures;

3. Access, tamper with, or use non-public areas of the Service, shared areas of the Service which you have not been invited to, KJ-NetworX GmbH Sky-Storage & Sky-Backup (or our service providers’) computer systems;

4. 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;

5. Plant malware or otherwise use the Services to distribute malware;

6. Access or search the Services by any means other than our publicly supported interfaces (for example, „scraping“);

7. Send unsolicited communications, promotions or advertisements, or spam; send altered, deceptive or false source-identifying information, including „spoofing“ or „phishing“;

8. Publish anything that is fraudulent, misleading, or infringes another’s rights; promote or advertise products or services other than your own without appropriate authorization;

9. Impersonate or misrepresent your affiliation with any person or entity;

10. Publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;

11. Violate the law in any way, or violate the privacy of others, or defame others.

Selbstverständlich stehen wir Ihnen per Mail oder auch telefonisch unter der Nummer +49 5405 8084870 für weitere Fragen zur Verfügung.
Gerne beraten wir Sie auch persönlich bei Ihnen vor Ort und natürlich können Sie unsere Software bei uns kostenfrei testen.
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