Why did Upwork temporarily suspend my account?
General terms and conditions for using the freelance.de platform
4. User Obligations
4.1. The user is obliged
4.1.1. to provide only true and not misleading information on freelance.de and in communication with other users and not to use pseudonyms, in particular advertised offers (profiles, projects) must actually exist, in case of doubt and at the request of freelance.de, the user must provide evidence that the advertised projects actually exist; The publication of fake or non-existent offers (profiles, projects) is prohibited and can result in a temporary or complete blocking of the account, an extraordinary termination by freelance.de and / or the assertion of claims for damages and / or communicated or be made visible to them. freelance.de reserves the right to use a bonus / malus system that benefits maintained and constantly updated profiles and projects in comparison to other profiles and projects in terms of visibility and perceptibility;
4.1.2. to only provide information in data fields for which the respective data field is intended according to its description, and not to provide information, in particular regarding contact details, in places other than those provided;
4.1.3. to keep his information on freelance.de up-to-date and complete. The project provider is obliged to immediately put his project publication offline as soon as an offer is no longer up-to-date. The freelancer is obliged to keep his availability information updated. In the event of non-compliance, freelance.de can take appropriate measures, which primarily include the deletion of apparently outdated or no longer existing offers (profiles, projects); freelance.de also reserves the right to update user profiles or projects that are out of date or have not been updated for a period of 2 years in accordance with Section 3.5. to put on offline;
4.1.4. to publish only such content on freelance.de (in particular when creating your own profile or your own project tenders) and to only send messages to other users that are within the scope of the intended purpose of freelance.de to initiate a service, work, work - or other employment relationships directly between the users (or in the case of mediation between a user and a customer of the agent) or for objective commenting on the posts in the freelance.de blog. Non-factual publications and internal messages (e.g. advertising) are not permitted, in particular internal messages that are not personalized (e.g. mass or chain emails) or have no clear reference to the recipient's profile;
4.1.5. to keep his access data (user name, password) secret and not to pass them on to third parties;
4.1.6. to treat all information and data that he receives from other users in the context of using freelance.de as confidential and not to pass them on or make them accessible to third parties, unless it is clearly recognizable that the user is acting as an agent; In this case, the agent may only pass on the information and data received to his customers or make it accessible to his customers to the extent necessary for the purpose of the mediation. This obligation applies beyond the termination of the contract;
4.1.7. to use his account exclusively himself or through an authorized representative and neither to offer nor to leave the acquired services to third parties without the consent of freelance.de, in particular not to allow other users to use services from his account; It is also the responsibility of the user to ensure that his access to freelance.de and the use of the services available on freelance.de are exclusively carried out by him or by the person authorized by him. If it is to be feared that unauthorized third parties have or will gain knowledge of your access data, freelance.de must be informed immediately; The user is liable for any use and / or other activity that is carried out under his access data in accordance with the statutory provisions;
4.1.8.in the case of multiple accounts (e.g. for own employees), to make each account available to only one person and to only use the account by this person. freelance.de reserves the right to check compliance with this usage restriction using technical means. In the event of violations, freelance.de can levy a contractual penalty for each unauthorized use, which freelance.de can unilaterally determine at its own discretion in accordance with the respective circumstances of the individual case. Usage rights, in particular for employees employed by the user, can be acquired;
4.1.9.to refrain from any action that could damage or impair the functionality of the technical infrastructure of freelance.de and the secure operation of the services of freelance.de, impair the availability of the data stored by freelance.de or annoy other users;
4.1.10.not to publish any illegal content on freelance.de, not to publish any logos or images of third parties without their prior consent and not to violate any third party rights; in particular, not to publish or refer to any offensive, defamatory, pornographic, youth-endangering or otherwise illegal content. This also applies to comments on posts on the freelance.de blog.
4.2. The user assures that he is the owner of all rights required for publication with regard to the content provided by him and will refrain from posting content that violates copyright, trademark and competition law regulations.
4.3. It is not permitted to commercially process the data obtained via freelance.de, to trade with this data or to contact users with advertising if the advertised / offered products or services are in competition with freelance.de. In the event of a breach of these provisions, a contractual penalty to be determined by freelance.de at its reasonable discretion will be triggered. This can amount to up to EUR 10,000 per violation. Any further claims by freelance.de remain unaffected. The contractual penalty will be offset against further claims for damages.
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