Special terms and conditions for BASE Cloud

1.1. These Special Terms and Conditions together with the General Terms and Conditions of Telenet Group apply to BASE Cloud. The provisions made in these Special Terms and Conditions shall prevail in the event of inconsistencies between the General Terms and Conditions and these Special Terms and Conditions.

1.2. BASE Cloud is covered by the definition of "Services" within the meaning of the General Terms and Conditions.

1.3. BASE Cloud allows a Customer to:

• access an amount of storage space that depends on the type of subscription;
  
• download, save, consult and organise digital content;
  
• share such content with one or more persons as desired.
  

Depending on updates of BASE Cloud, certain functionalities may be added, modified or scrapped.

1.4. BASE Cloud is hosted on Amazon servers. For more information about the security and encryption used you should refer to the following websites:

https://aws.amazon.com/agreement
https://aws.amazon.com/service-terms
https://aws.amazon.com/compliance

2.1. A Customer who wishes to access BASE Cloud must apply for a subscription in accordance with the General Terms and Conditions.

2.2. Access to BASE Cloud is confined to Customers who have concluded a Mobile services subscription with Telenet Group.

2.3. The Customer recognises that BASE Cloud can be activated and used only if the hardware used by the Customer has the required technical specifications, which may be amended from time to time during the term of the Agreement.

2.4. The Customer must activate BASE Cloud. Only one BASE Cloud per Customer may be activated. The Customer recognises that a certain period of time may elapse between the request for activation and the actual activation of BASE Cloud.

2.5. Activation of and access to BASE Cloud requires the use of identification credentials data and a password. The Customer is solely responsible for use of his identification credentials and password and their disclosure to third parties. Any use made of BASE Cloud after entry of the identification credentials or the password of the Customer will be deemed to have been executed by the Customer personally or with his consent. In the event of loss or theft of his identification credentials or password, the Customer must immediately destroy them and create new identification credentials and a new password.

3.1. BASE Cloud is reserved exclusively for normal private use with due care and attention.

The Customer is required to comply with these Special Terms and Conditions and also the prevailing laws and regulations applicable to BASE Cloud. BASE Cloud may not be used for commercial purposes. Telenet Group can never be held responsible under civil law or criminal law on the grounds of non-compliance by the Customer with the provisions made in the Special Terms and Conditions.

The Customer must not use BASE Cloud for the purpose of:

• downloading, distributing, sharing or saving objectionable, obscene or erotic or pornographic content;
  
• downloading, distributing, sharing or saving content inciting violence, religious hate, racism or ethnic hate;
  
• insulting, misusing, threatening, injuring or harming in any other way individual persons or groups of persons;
  
• downloading, distributing, sharing or saving indiscreet content or content that fails to respect the depiction or privacy of a third party;
  
• downloading, distributing, sharing or saving content definable as offensive, libellous or annoying, or that could incite discrimination (regardless of whether such discrimination is based on age, gender, disability, origin or religious or political convictions);
  
• adopting an illegal or immoral position in a chat forum or on social networks;
  
• downloading, distributing, sharing or saving fraudulent, misleading, illegal or illegally obtained content;
  
• planning, perpetrating or participating in illegal activities or inciting a criminal act, crime or act of terrorism;
  
• downloading, distributing, sharing or saving unlawfully any content protected by intellectual property rights;
  
• downloading, distributing, sharing or saving confidential company secrets or information in breach of an employment contract or nondisclosure agreement or other contract with a confidentiality clause;
  
• sharing or distributing material that contains any kind of commercial message, or access to paid content;
  
• reproducing, selling, reselling, renting out or distributing BASE Cloud services in any other way to third parties;
  
• sharing or distributing messages or unsolicited promotional material, junk mail, chain letters, spam or junk e-mails;
  
• testing or analysing the vulnerability of a system or network (including those of Telenet Group);
  
• disturbing the proper working of BASE Cloud, or jeopardising the stability of the service or its intended use by other users (for example by sending irresponsibly large quantities of data);
  
• violating or circumventing the security or authentication measures for hacking purposes;
  
• entering or distributing viruses, spyware, malware or any other program designed to cause harm;
  
• misleading recipients about the origin of content distributed via BASE Cloud or pretending that the user is a natural or legal person that he or she is not.
  

3.2. Access to BASE Cloud is strictly personal and non-transferable.

3.3. Access to BASE Cloud is available permanently without any time limit, subject to interruptions due to a cause unrelated to Telenet Group, regardless of whether they are inherent in the technical reliability of the used hardware or technology, or are attributable to any other incident unrelated to Telenet Group that makes it impossible for Telelent Group to provide BASE Cloud. Except in the case of an error imputable to Telenet Group, Telenet Group cannot provide any guarantees about access times to the Internet, delays in data transmission or the quality of transmission and any limitations in accessing networks and servers connected to the Internet.

3.4. The software necessary for use of BASE Cloud is installable only on devices suitable for that purpose. The Customer may install the software only after accepting the General Terms and Conditions and the applicable licensing agreement(s).

3.5. Telenet Group shall grant the Customer a non-exclusive, personal and private right to use the software for the sole purpose of enabling delivery of BASE Cloud. The Customer is not allowed to modify, copy or publicly disclose the software. No warranties are given to the Customer that the software is free of defects or irregularities. Any defects or irregularities shall not entitle the Customer to any kind of compensation for damage.

3.6. The Customer shall be solely responsible for data saved by means of BASE Cloud. The Customer warrants that such data shall not infringe the intellectual property rights and/or any other rights of third parties. The Customer shall not allow any information of an unlawful or impermissible nature to be placed in the storage space or on the servers made available to him. Telenet Group reserves the right at its own initiative or at the request of competent authorities to make public, remove, modify or relocate all or part of any storage space of the Customer that has content that is held to be in breach of the provisions of this article, without such action entitling the Customer to any kind of compensation for damage.

3.7. Data stored by the Customer on servers of Telenet Group or its partners shall be destroyed on termination of the cloud services delivery agreement concluded by and between Telenet Group and the Customer.

3.8. By means of the BASE Cloud service, Telenet Group offers the Customer a possibility to place data on servers of Telenet Group or its partners and to synchronise such data with computers or mobile devices on which the Customer has installed the necessary software. The Customer may further retrieve such data online via the website. The Customer recognises that if the content of synchronised folders is removed, such content shall also be removed on the servers of Telenet Group or its partners, and also on the other synchronised devices of the Customer.

3.9. The Customer may encrypt the files. The Customer recognises that Telenet Group shall never in any way be responsible for and in certain cases shall lack any possibility to assist in the decrypting of files.

3.10. The maximum storage capacity corresponds with the values stated in the technical specifications available (for example) on the website of the product concerned. If the Customer exceeds the maximum storage capacity, Telenet Group reserves the right, after prior notification of the Customer, either to charge an additional fee or to remove data belonging to the Customer.

3.11. Additional to the limitations concerning storage capacity, there shall be some other limitations, depending on the selected BASE Cloud:

• BASE Cloud cannot upload files larger than 2 GB;
  
• the number of saveable contacts is limited to 15.000;
  
• Dropbox integration is limited to 20.000 items;
  
• the sharing function does not allow the sharing of more than 250 files/folders.
  

3.12. For operational or security reasons, Telenet Group reserves the right to have access to BASE Cloud.

3.13. The Customer accepts that exceeding the specified volumes may result in denial of access to certain services of BASE Cloud either fully or partly.

3.14. The BASE Cloud service enables users to access websites of business partners or may also offer other functions, including but not confined to social networks. The use such websites and functions shall be at the discretion of the Customer and on condition that the Customer accepts the terms and conditions of such websites.Telenet Group cannot be held liable for any violation by the Customer of the terms and conditions of such partner companies. The Customer recognises that such websites are beyond the control and responsibility of Telenet Group. Access to websites of business partners or other functions may undergo change over time.

4.1. As the Internet will be used, the use of BASE Cloud may involve risks of hacking by third parties or of viruses for the IT system and hardware of the Customer. The Customer is required to protect his own hardware and data in an appropriate manner, in particular against viruses and hackers, and shall bear full responsibility in this respect.

4.2. The scanning and filtering that in some cases Telenet Group may execute or offer shall be based on reasonable efforts without Telenet Group being able to guarantee their effectiveness. Notwithstanding its efforts, Telenet Group shall not be liable if unwanted electronic mail is nevertheless sent or received, if viruses penetrate systems or if hackers obtain access to the hardware or data of the Customer.

4.3. Telenet Group can never be held liable for damage arising from:

• loss of data saved by the Customer, including loss of or damage to (installed) software;
  
• disclosure of (confidential) data saved by the Customer;
  
• access by third parties to data saved by the Customer or impairment of such data by viruses.
  

4.4. The Customer shall fully indemnify Telenet Group against third-party complaints or claims that arise from unlawful use by the Customer of BASE Cloud (such as infringement of intellectual property rights).

5.1. The Customer may at any time terminate BASE Cloud in writing, with immediate effect if desired, by means of his customer zone or via the My BASE app.

5.2. Telenet Group may terminate the BASE Cloud service subject to prior notice of one month.

5.3. The Customer recognises that any change to or transfer of his chosen tariff plan may result in immediate termination of BASE Cloud.

5.4. On termination of BASE Cloud, the Customer shall not be entitled to any refund of subscription fees already paid.

5.5. The ending of the agreement shall automatically result in deletion of all data saved by means of BASE Cloud. Therefore, the Customer should regularly save on a separate server the data entrusted to Telenet Group.