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Translation for information. The German version is legally binding.

General Terms and Conditions (Terms)

§ 1 Scope and provider

1. These Terms apply to the use of MPKHosting at mpkhosting.com and at the domains of our partners (for example gaming communities) that offer MPKHosting under their own name and logo.
2. On a partner domain, too, MPKHosting alone is your contractual partner. The partner does not become your contractual partner. On every partner domain, the footer shows "A service of MPKHosting" with the imprint, privacy policy and these Terms.
3. The provider is: Matti Prokop, MPKHosting, [[Ladungsfähige Anschrift]], phone +49 151 20146555, email contact@mpkhosting.com ("we").
4. The contract language is German. Translations are for information only; the German version is legally binding.

§ 2 Conclusion of the contract and account

1. How the contract is concluded:
   1. In the registration form you enter a username, your email address and a password, or you register via Google or Discord. In that case, too, you choose a username.
   2. You accept these Terms, take note of the privacy policy and confirm that you have reached the minimum age. Optionally you enter a registration or promotion code.
   3. Until you submit the form, you can check and correct all entries.
   4. After submitting, you receive a 6-digit confirmation code by email. The contract is concluded when you enter this code.
2. We store which version of these Terms you accepted and when. You can view the current version and earlier versions at any time on the "Terms" page.
3. Minimum age: You must be at least 16 years old to register.
4. Truthful information: Your information must be true. You use your own, real email address at which you can be reached. Addresses from disposable email services are rejected technically. If your email address changes, update it in your account.
5. Confidentiality: Keep your password, 2FA access, recovery codes and registration and promotion codes secret. If you suspect that someone knows your login details, change your password immediately and inform us.
6. We may close registration temporarily. We delete an account whose email address is not confirmed within 7 days.

§ 3 Services

1. What MPKHosting offers: You create folders, upload files and share folders via an 8-character code. Videos, images, texts, PDFs and audio can be viewed directly in the browser in the formats the browser supports; other formats can be downloaded.
2. Free of charge: The services described in these Terms are free of charge. Paid services exist only if we offer them separately; additional terms then apply to them.
3. Quota: Your account has a storage quota and a maximum number of active folders. At registration, this is currently 5 GB and 3 folders. Codes or credits can increase the quota, also for a limited time. If a credit ends and you are then above your quota, we do not delete anything. New uploads or new folders are blocked until you are below it again.
4. Folder lifetime and automatic deletion:
   • Each folder has a lifetime that you choose when creating it. Currently this is 14 days by default and at most 90 days from creation.
   • You can extend a folder, but never beyond 90 days from creation. The maximum duration in force at creation stays fixed for that folder.
   • 3 days and 1 day before expiry you receive a reminder by email. You can switch these reminders off.
   • On expiry, the folder is locked and its code becomes invalid. After a grace period (currently 24 hours) we delete the contents permanently. During the grace period you can still extend the folder, as long as the maximum duration has not been reached.
   • If you delete a folder yourself, its contents are also deleted after the grace period.
   • If a folder cannot be written at all because our storage servers have failed, its time does not run. Expiry and maximum duration are postponed by the duration of the outage.
   • After final deletion nobody can restore the contents, not even we.
5. No substitute for your own backup: Where possible we store folders twice, on two servers. Data can still be lost. MPKHosting does not replace your own backup. Keep your own copy of everything that matters to you.
6. No promised availability: We aim for trouble-free operation but do not promise any particular availability. Maintenance, faults and outages may temporarily restrict use.
7. Technical blocks: Executable files and scripts (for example .exe, .sh, .php, .js) are blocked technically, checked by file extension and content. Nothing you upload is ever executed on our servers.
8. Changes to the services: We change services only for a valid reason, for example new legal requirements, protection against security risks or abuse, or technical development. If a change significantly restricts your use, we announce it in good time beforehand by email. Until then you can export your data or delete your account.

§ 4 Prohibited content and prohibited use

1. It is prohibited to store or share the following via MPKHosting:
   • content that is a criminal offence;
   • content harmful to minors;
   • content that infringes the rights of others, for example copyrights, trademarks or personality rights;
   • malware of any kind;
   • personal data of other people without a legal basis.
2. It is also prohibited to misuse sharing, for example mass distribution of infringing content via codes or trying out other people's codes, and any attempt to impair the security or operation of MPKHosting or to circumvent technical blocks and limits.
3. You are responsible for your content.

§ 5 Rights in your content

1. All rights in your content remain with you.
2. You grant us only the rights that are technically necessary to provide the service:
   • storing your content and copying it to replication and backup servers;
   • transmitting your content to the people you authorise (via code or sharing);
   • for folders with the status "Team", transmitting your content to the partner team of the respective partner (§ 11).
3. We do not analyse your content. We only look at it as described in § 6 (7).
4. You confirm that you hold the necessary rights to the content you upload and share.

§ 6 Moderation, notices and appeals

1. Notices: Every share page has a "Report content" link. Anyone can choose a reason from a list there, describe the content and voluntarily provide an email address. We send feedback on the notice to that address.
2. Review: Notices are reviewed by people, not by automated systems. Notices about folders with the status "Team" are reviewed first by the partner team of the respective partner (§ 11). We see these notices as well and can take them over at any time. If such a notice is still open after 3 days or names a reason possibly related to a criminal offence, it goes to us immediately as well. We review all other notices ourselves.
3. Automated measures: We do not analyse content automatically. Only the technical block of executable files (§ 3 (7)), the block of disposable email addresses (§ 2 (4)) and request limits against abuse act automatically.
4. Measures: If content or use violates the law or these Terms, we may lock or delete a folder, lock an account or terminate the contract under § 7. Partner teams may lock or delete team folders of their partner and lock an account for their partner's domain (§ 11). We act diligently, objectively and proportionately and take into account the circumstances of the individual case and the fundamental rights of those involved.
5. Statement of reasons: If we or a partner team lock or delete your content or your account, you receive a statement of reasons: what was done, why, on what basis and how you can appeal.
6. Appeal: You can appeal against such a decision once, with reasons, in the panel. We always decide on the appeal, even if the decision was made by a partner team. You receive the result by email. Your right to go to court remains unaffected.
7. Inspection access: We look at the contents of a folder only through an inspection access. For this we must state a reason: a notice, a request from an authority, support with your consent, or another reason justified in writing. The inspection access is read-only, ends after 60 minutes, and every access is logged. We inform you about the inspection access, except in the case of a request from an authority or a suspected criminal offence.
8. Authorities: If we become aware of circumstances giving rise to a suspicion of a criminal offence that threatens the life or safety of persons, we inform the competent law enforcement or judicial authorities.
9. Contact: Our single point of contact for authorities and users is contact@mpkhosting.com. You can reach us there in German and English.

§ 7 Term and termination

1. The contract runs for an indefinite period.
2. Termination by you: You can terminate at any time by deleting your account under "Account & security" (confirmation with your password or sign-in with the provider and, if set up, 2FA). Deletion destroys the keys of your account; from that moment all content is permanently unreadable. Deletion cannot be undone.
3. Ordinary termination by us: We may terminate with 30 days' notice by email.
4. Termination for cause: In the event of serious violations of these Terms or of the law, we may terminate without notice. Serious violations are, for example, storing or sharing criminal content, distributing malware or attacking MPKHosting. Until termination we may lock the account.
5. Export: Until your account is deleted you can export your data yourself (account data as JSON and, if you wish, all files as ZIP).
6. Statutory retention: If the law or an authority obliges us to retain data, we lock your account instead of deleting it. We carry out the deletion as soon as the obligation ends.

§ 8 Liability

1. We are liable without limitation
   • for intent and gross negligence,
   • for damage from injury to life, body or health,
   • under the German Product Liability Act and
   • where we have given a guarantee.
2. In the case of slight negligence we are liable only if we breach an essential contractual obligation. Essential obligations are those that make proper performance of the contract possible in the first place and on whose fulfilment you may regularly rely. In this case liability is limited to the foreseeable damage typical for the contract.
3. Otherwise liability is excluded. These rules also apply to our vicarious agents.

§ 9 Data protection

How we process personal data is explained in the privacy policy. It can be reached from every page via the footer.

§ 10 Changes to these Terms

1. Every version of these Terms has a version number and a date. Earlier versions remain available.
2. Material changes, meaning changes that affect your rights or obligations, are announced by email and at your next sign-in. They take effect only once you actively accept them. Silence does not count as acceptance.
3. Until you have accepted, you can use your account only to a limited extent: export data, delete your account and sign out. Your existing folders continue to run and expire as normal.
4. Non-material changes that do not affect your rights and obligations (for example linguistic clarifications or new contact details) are shown to you as a notice. No acceptance is needed for them.

§ 11 Team folders and Discord tickets

1. Status "Team": A folder with the status "Team" (shown as "Team of" followed by the partner's name) is visible to you and to the owners and moderators of that partner. Other people do not see it. The status exists only for folders assigned to a partner.
2. Default on partner domains: If you create a folder on a partner domain or via the Discord bot, its default status is "Team". We show this clearly when you create the folder ("Visible to the team of" followed by the partner's name). You can change the status at any time. The partner team then loses access. We cannot retrieve what the team has viewed or downloaded until then.
3. What the partner team sees and may do: Owners and moderators see your username, where applicable your Discord display name from the ticket, the folder's number, code, size, expiry and ticket, and the contents. The team never sees your email address, your sign-in methods, your quota or your other folders. The team can lock team folders or delete them with a statement of reasons, and can lock your account for the partner's domain. Deleted team folders go through the normal grace period so that we can still reverse a deletion. You can appeal to us against decisions of the team (§ 6 (6)). We supervise partner teams and can reverse any of their decisions.
4. Lock on a partner domain: If a partner team locks your account, you can no longer sign in on that domain, create new team folders there or use upload links of the Discord bot for that partner. Your account and your folders outside that partner remain unaffected.
5. Upload links from Discord tickets: In a partner's Discord ticket, the MPKHosting bot can create a personal upload link. It is valid for 24 hours, only for your linked Discord account, and creates exactly one folder with the status "Team". After the first completed upload, the bot posts a link to this folder with your Discord display name in the ticket.
6. Expiry after the ticket is closed: When the ticket is closed, the folder expires after the partner's grace period (by default 7 days after closing), but no later than the folder's maximum duration. We inform you about this by email. If the ticket is reopened before expiry, the previous expiry time applies again.
7. Quota: Team folders count towards your own quota.

§ 12 Final provisions

1. German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, the mandatory consumer protection provisions of the state in which you have your habitual residence remain unaffected.
2. If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contract is [[Gerichtsstand]].
3. If a provision of these Terms is invalid, the rest of the contract remains valid. The statutory provision takes the place of the invalid provision (§ 306 German Civil Code).