Terms of Use for HORNETDRIVE
Date: 08-Sep-2014
1. Object of this Agreement
1. HORNETDRIVE is a service provided by antispameurope antispameurope GmbH, Am Listholze 78, 30177 Hannover, Germany (hereinafter referred to as “antispameurope”).
2. This Agreement shall regulate the provision of HORNETDRIVE online data storage by antispameurope to the customer.
3. HORNETDRIVE may only be used if the customer accepts these terms of use.
2. Description of Service
1. HORNETDRIVE enables the secure storage and exchange of files in the Cloud. To this end customers can store documents and files in so-called drives or convert existing folders into drives.
2. Users can create an unlimited number of their own drives in the HORNETDRIVE Cloud.
3. Users and their invited guests can store files in the drives created by the user insofar as they are authorised according to the authorisations established by the user for the respective drive.
4. antispameurope will provide users with storage space in the HORNETDRIVE Cloud for this purpose. The maximum storage volume shall be in accordance with the user’s valid usage licence.
5. When storing files in the drive, older versions of the same file will be deleted or continue to be stored in accordance with the settings selected for the drive by the user. The maximum number of stored versions which can be set is also dependent upon the type of user licence.
6. All of the data stored in a user’s drives taken as a whole – including older versions still in storage – constitute the total storage volume used by the user in the HORNETDRIVE Cloud. Should the actual storage space used reach or exceed the licensed storage provided, no further data can be stored in the user’s drives.
7. The customer shall receive the included data transfer volume corresponding to the license purchased. If necessary, this can be increased by upgrading the license.
8. The data transfer volume shall be reset for each month.
9. After reaching the included data transfer volume, additional data transfer is normally blocked for the current month. Exceeding the included data transfer volume shall cause the customer to be charged for the additional data transfer.
10. Users and their invited guests can access the data stored in the HORNETDRIVE Cloud insofar as they are authorised according to the authorisations established by the user for the respective drive.
11. The customer shall receive the non-exclusive right to use the HORNETDRIVE software client supplied by the provider on an unlimited number of devices. The right is non-transferable. All other software rights shall remain with the provider. Storage of and access to data in the HORNETDRIVE Cloud are exclusively possible via the HORNETDRIVE software clients. Data in the drives used by the user are synchronised automatically or manually with the user’s client system depending on the software version. The licence for the use of the respective HORNETDRIVE client software is included in the licence for the use of the HORNETDRIVE service.
12. Data are encrypted in the software client before they are transferred to the HORNETDRIVE Cloud and decrypted after they have been downloaded from the Cloud. Every drive has its own key. antispameurope has no access to the keys used to encrypt the data and the data stored in the Cloud. If the keys used to encrypt the data in the software client are lost, it will no longer be possible to access the data stored on the respective drive.
13. HORNETDRIVE software clients store backups of the keys used for encryption. Users are urgently recommended to backup these keys regularly.
14. In certain versions of the software client users can release individual files for download via the web link. After their release, these files are stored in unencrypted form in the HORNETDRIVE Cloud.
15. antispameurope provides support to authorised users insofar as its own systems and software are involved. Support for other manufacturers’ systems and software does not form part of the HORNETDRIVE service.
16. antispameurope shall make new versions of the software available via the internet server at irregular intervals. These may contain bug fixes and new features. The provider will inform the customer about the availability of new versions by using the appropriate means of contact (by e-mail, via app shops). The customer is personally responsible for using the latest version of the software. The obligation of ensuring that a HORNETDRIVE service feature functions properly shall only apply to the latest version of the software.
17. antispameurope provides support to authorised users insofar as its own systems and software are involved. Support for other manufacturers’ systems and software does not form part of this contract.
3. Guarantees
1. The average annual availability of the HORNETDRIVE Cloud is 99.9%. Planned maintenance work is excluded. As far as possible, maintenance work will be carried out at night on weekends (CET).
2. Data will be stored on two redundant storage devices. Redundancy will be restored within four hours upon failure of one storage device.
3. Data in the HORNETDRIVE Cloud will be stored exclusively in encrypted form unless the user explicitly releases individual data for access via web link. antispameurope has no access to encrypted data stored by users in the HORNETDRIVE Cloud.
4. The storage of data in the HORNETDRIVE Cloud is located exclusively in secure data centres in Germany insofar as a storage location has not been established in another country at the explicit wish of the customer.
4. Limitation of Liability
1. antispameurope is liable for damages and compensation for wasted expenditure regardless of the legal basis only in accordance with the following rules:
a) Full liability is accepted in cases of deliberate intent or gross negligence.
b) Below the level of gross negligence, liability is accepted for the amount of foreseeable damage which should be prevented by the obligation to exercise due care but not for consequential damages such as wasted expenditure, savings which fail to materialise or loss of profits.
2. antispameurope’s liability for all cases of damage in accordance with b) is limited per contractual year to the amount of the total annual remuneration paid in that year.
3. Insofar as the customer becomes aware of faults or damage and fails to notify antispameurope immediately, antispameurope shall not be liable for such damage which could have been avoided if immediate notification had been given.
5. Range of Use, Prices and Payments
1. The customer can purchase the service for one or more users.
2. Prices to be paid are according to the terms of the present contract. If no prior contract has been agreed on, the pricing will be applied as advertised in your country.
3. The number of users most recently registered by the customer or the actual number of users is definitive for payment. The higher number shall apply in each case but at least the number stated in the order.
4. Payments are due in advance for the respective term at the beginning of each contractual period. Where changes in usage have taken place during the course of a contractual period, antispameurope will issue an invoice at the end of that contractual period. Surpluses or shortfalls will be settled within 30 days of receipt of invoice.
6. Duration and Termination of this Agreement
1. The Agreement is concluded for a term of 12 months. The agreement will end automatically at the end of this term. The customer needs to purchase a new license for continuous use of the service after the end of a term.
2. After the end of the term, transfer of data or synchronization of data between devices is no longer possible.
3. Data stored in the HORNETDRIVE Cloud will be kept for 30 days after termination of this agreement. All data will be irreversibly deleted after this period.
4. If a customer purchases and activates a new license during the 30 day period after termination of this agreement, his user account will be re-activated and the customer will continue to be able to synchronize data.
5. antispameurope is entitled to extraordinary termination of the agreement in case of a misuse of its service.
6. The right to terminate the contract for good cause shall remain unaffected.
7. Miscellaneous
This agreement is subject to the laws of the Federal Republic of Germany. The Amtsgericht (court of first instance) in Hannover is specified as the court of jurisdiction.
Please consult the TeamDrive terms and conditions
.
Special rules for consumers – Hornetsecurity GmbH (including legal information)
As of December 2018
1. Scope of application and order of precedence
These Special Regulations apply in addition to the General Terms and Conditions (hereinafter “GTC”) of Hornetsecurity GmbH, Am Listholze 78, 30177 Hannover (hereinafter “Hornetsecurity”) for the conclusion of contracts with customers via the HORNETDRIVE service. These special regulations take precedence over the GTC in case of conflict.
2. Conclusion of contract and correction of input errors
2.1 The presentation of the service packages in the online shop at www.hornetdrive.com does not represent a legally binding offer by Hornetsecurity, but a non-binding online catalogue. The customer can first select the individual service packages there without obligation and place them in his shopping basket. To place a binding order, the customer must enter his personal information in the connected checkout area and click on the button “Order with payment”. Before placing an order, the customer can check his details and correct input errors either directly in this overview, or by pressing the back button of his browser in the previous input windows. The receipt of the order will be confirmed immediately by email. This notification does not constitute an acceptance of the contract. Hornetsecurity can accept the customer’s order by means of an express declaration of acceptance in a separate email or by providing the services within 2 days.
2.2 The complete contract text will be sent to the customer together with the order data by email. The customer can call up the general terms and conditions as well as these special conditions for customers at any time under www.hornetdrive.com
3. Payment options
3.1 The order of the service HORNETDRIVE can be paid by following options:
- PayPal
- credit card
3.2 Payment with the online payment provider PayPal requires the prior registration of a customer account. If this payment option is selected in the ordering process, the customer is redirected to the PayPal registration screen, where he must log in and move forward with the payment. This payment does not yet represent the binding order. This must be done after returning to the checkout area of the Hornetsecurity online shop by clicking on the button “Order payment required”. The General Terms and Conditions of PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (City), Luxembourg apply to this transaction.
3.3 The Customer’s credit card shall be debited at the time of placing the order.
3.4 If payment is made by immediate bank transfer, the service will be provided after receipt of payment. The General Terms and Conditions of SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany apply to the transaction.
4. Additions and deviations to the general terms and conditions
4.1 Hornetsecurity shall grant the customer the possibility of an express declaration of acceptance at the beginning of the term before the occurrence of the acceptance fiction in Section 2.2 of the General Terms and Conditions and shall inform him of the significance of his silence in this regard.
4.2 Contrary to Section 7.6. of the GTC, all prices quoted are gross prices including value added tax, unless expressly stated otherwise.
4.3 Clauses 8.1. and 8.2. shall not apply.
4.4 Clause 13.8 of the GTC shall not apply.
5. Revocation
The customer has a right of revocation in accordance with the following provisions:
Right of revocation
You have the right to revoke this contract within fourteen days without giving reasons.
The revocation period shall be fourteen days from the date of conclusion of the contract.
In order to exercise your right of revocation, you must inform us (Hornetsecurity GmbH, Am Listholze 78, 30177 Hannover; E-Mail: info@hornetsecurity.com, Tel.: +49 511 515 464-0) of your decision to revoke this contract by means of a clear declaration (e.g. a letter or email). You can use the attached sample revocation form here, which is not mandatory. If you make use of this option, we will immediately (e.g. by email) send you confirmation of receipt of such a revocation.
In order to comply with the revocation period, it is sufficient for you to send notice of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund. If you have requested that the Services be commenced during the withdrawal period, you shall pay us a reasonable amount equal to the proportion of the Services already provided up to the time you notify us of the exercise of the right of withdrawal in respect of this Agreement in relation to the total amount of Services provided in the Agreement.
6. Online dispute resolution and consumer mediation
6.1 Online settlement of disputes pursuant to Art. 14 para. 1 ODR-VO: The European Commission provides a platform for Online Dispute Resolution (OS), which can be accessed at http://ec.europa.eu/consumers/odr/ .
6.2 Hornetsecurity is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration body.
7. Miscellaneous
The contract language is German.
Cookie Policy for “Hornetdrive“
As at: 23.10.2018
General
We use the term “cookies” to refer to corresponding or similar technologies that are used by the European data protection directive with regard to electronic exchange.
What is a cookie?
Cookies are files that are stored locally on your computer, on mobile or other devices via your Internet browser. Cookies store your user behaviour on websites for future website visits.
The majority of Internet browsers allow cookies to be set. However, users can individually set which cookies are to be deactivated. Furthermore, visitors of a website have the possibility to delete cookies at any time.
Why the use of cookies?
We would like to learn more about your preferences and offer you targeted content through cookies. We also want to improve the user behaviour of our website visitors. For example, we may remember language settings whenever you will visit our website in the future. Cookies also enable us to offer you certain multimedia content. This includes content like videos on our website. For example, through this analysis we can offer you the following targeted content: Personalised advertising, individual product information.
What types of cookies do we use?
We use cookies from first and third parties on our website.
Initial provider cookies are cookies that are issued directly by hornetdrive.com. These are cookies for the improvement of the website as well as for the determination of language and location.
Third-party cookies are cookies from other providers, such as business partners or other service providers. Cookies are useful, for example, if it concerns the handling of application processes. This applies in particular to forms.
We also use session cookies. These are temporary cookies. They are used of track the duration of your website visit. They are active until a user closes the Internet browser.
Finally, permanent cookies are used. This type of cookie is also active when you close and reopen your browser. This applies to browsers from both desktops and mobile devices. These cookies enable us to analyze user behavior in detail and determine patterns. This way we can show you targeted advertising and improve functionality.
How to refuse and delete cookies?
You have a choice. You can refuse all or just individual cookies. Please use the following cookie settings. You can also use the settings in your Internet browser to change cookies from first and third party providers. The majority of Internet browsers automatically accept cookies. If you refuse the use of cookies, you should actively delete them. By rejecting cookies you can continue to use our website at any time. However, you may have limited access to individual functions. Further information can be found under the following link: www.allaboutcookies.org. By continuing to use our website, you agree that cookies will be set unless you have deleted or blocked the cookies.
More details to the following cookies on this website:
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Google Analytics & Tracking | _ga; _gid; _gat; _utm | We use the Google Analytics service to track how our campaigns run and how you as a user interact with our website. In this way, we can constantly improve the usability for our visitors. More information: https://tools.google.com/dlpage/gaoptout Google’s tracking cookies allow us to track the extent to which they perform certain actions on our online presence immediately after you have seen and clicked on one of our ads through Google. Google uses these cookies to analyze what content you’ve viewed on our website so that it can display personalized ads with other Google partners. More information: https://support.google.com/ads/answer/2662922?hl=en |
WordPress | wp-settings-{user_id}; wp-settings-time-{user_id} | Continues a user’s wp-admin configuration. |
WordPress | _icl_current_language | WPML is a multilingual language plugin for WordPress. |
WordPress | wordpress_logged_in* | Checks whether the current visitor is a registered WordPress user or not. |
WordPress | wordpress_test_cookie | Checks whether cookies are activated to ensure appropriate user friendliness. |
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