GENERAL TERMS AND CONDITIONS

The MobileShared renders web hosting services for its users based on the following provisions. I. General Provisions

(1) MobileShared provides its users with an infrastructure which enables the users to save any files on Internet servers. After the saving process the respective user receives a download link with which his/her file can be downloaded worldwide via the Internet as well as a deletion link with which the file he/she has uploaded can again be deleted from the server.

(2) The files saved at MobileShared shall be treated confidentially. MobileShared does not have a search function which could help search through the MobileShared infrastructure. MobileShared does not open or view its users files; the files are neither catalogued nor listed in directories.

(3) The services offered by RapidShare are basically free of charge. II. Upload Regulations

(1) Basically, users may save any file at MobileShared irrespective of the file format or of the file contents. Excluded, however, are files the possession and/or circulation of which is illegal, such as

* - child pornography content, * - works the download of which violates third party copyrights; * - racist or violence-glorifying works, * - instructions to criminal offences against public peace.

This list is not conclusive.

(2) MobileShared will block access to such contents immediately after obtaining knowledge thereof and will delete them after an examination phase of 14 days. Furthermore, it will delete files which are identical to previously deleted files.

(3) With regard to users who violate these upload regulations, MobileShared is entitled to terminate the contractual relationship without notice , to block the access of the respective users to its services and/or to delete accounts of such users including all contents. III. Free Use

(1) MobileShared provides its free users with line and memory capacity at its sole discretion. It is entitled to temporarily disallow the saving of new files, to determine limitations regarding the maximum possible file size, to have the download of files only started after a waiting period, to adapt the rate of transmission to the visitor traffic and to limit the amount ofthe maximum permissible downloads per file. MobileShared points out that in order to clean up its hard drives it deletes such files which were uploaded by free users and which were not accessed for a time period of 90 days.