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Terms and conditions

This translation is for information only. The Czech version of the terms and conditions is the legally binding one. View the Czech version

By ordering and using the services, the client and the provider confirm their commitment to abide by the Terms and Conditions below as if these Terms and Conditions had been printed and signed in the form of a contract.

These Terms and Conditions govern the contractual relationship between the provider, which is:

Jan Sturm
M. Pujmanové 287, 541 01 Trutnov, Czech Republic
Company ID (IČ): 86948555
(hereinafter the "Operator")

and

the Customer. The Customer is a natural or legal person who has ordered a service, or who is named as the holder of the domain name assigned to this service, or who is listed in the provider's database as the payer or administrator of the service.

Definitions

  1. Service - the operation of a virtual server and making it available on the Internet, or the provision of a domain name. A virtual server is a set of services that together allow the operation of websites and email.
  2. Web hosting - the rental of space for websites on a server.
  3. Server - a computer permanently connected to the Internet.
  4. Domain name - a unique string of characters used to identify and access websites on the Internet.

Web hosting

  1. Web hosting includes the operation of websites for a second-level domain on the Operator's server. The Customer is allocated space on the web server on which they can place their websites. The server runs on the Linux operating system and PHP technology can be used.
  2. Web hosting also includes the operation of email services for the respective domain. The Customer is allocated space on the email server, where the Customer can create individual mailboxes and access them using the POP and IMAP protocols, and can send email using the SMTP protocol. The number of mailboxes is not limited.
  3. Web hosting also includes the option to order one or more databases. Their number and type are not limited.
  4. Web hosting services are operated on shared servers, that is, on servers that host services for several customers at the same time. The availability and speed of the services may therefore deteriorate because of higher load caused by other customers. The Operator does not guarantee the speed of web hosting services in any way. If the customer has higher requirements, it is recommended to move to higher tiers of hosting services (virtual or dedicated servers).
  5. The space for websites is limited within the selected plan. If an unlimited plan is ordered, it may be used only to store data that does not conflict with the chapter "Exclusion from service" of the general terms and conditions.
  6. Only files that are necessary for running the website and presenting data, and that are linked to from the website, may be stored in the space of a given website. Web hosting is not intended as backup or storage space, but only for the operation of websites. The Operator is entitled to delete files whose placement in the website space is, in the Operator's opinion, unjustified.
  7. The Operator is entitled to examine the Customer's data (files) if it suspects that these data (files) conflict with these terms.
  8. Web hosting data is backed up regularly. These backups are used to restore data in the event of a failure of the server on which the services are operated. If the customer requests data restoration from a backup in a case where the data loss was not caused by the Operator or a failure of its technology, such restoration is available only on request.

Service availability guarantee, failures and outages

  1. The Operator guarantees the availability and functionality of the hosting services. If the service is unavailable due to a failure for more than 5 minutes in a calendar month, the Customer is entitled to compensation in the form of a 1% discount for each additional started hour of unavailability, but not more than an amount corresponding to the annual fee for operating the service. This discount is provided in the first month of the next subscription period that has not yet been paid by the Customer, or by granting the corresponding number of days free of charge. The time of unavailability during planned outages is not counted toward the unavailability for which the Customer is entitled to compensation under the second sentence of this paragraph.
  2. In the event of a malfunction or failure of the service, the Customer is obliged to report the defect in writing (by email) no later than 24 hours after the start of the malfunction.
  3. The Customer is not entitled to compensation if all fees for all services provided by the Operator have not been paid properly and on time, if the service has been terminated, if the service is not functional because of previous actions of the Customer, or if the Customer does not report the malfunction of the service in a demonstrable written form (by email) no later than 24 hours after the start of the malfunction.

Rights and obligations of the provider

  1. The Operator is not liable for any infringement of trademark rights, trade name rights or other rights protected by generally binding legal regulations that the Customer commits by using the services.
  2. The Operator is not liable for any damage or loss that has been or could be caused to the Customer in connection with the use of the services.
  3. The Operator is entitled to change the parameters of the services. However, it is obliged to announce such changes to the Customer in advance.
  4. The Operator is not entitled to interfere with data created or placed by the Customer unless otherwise agreed between them. This prohibition does not apply in the case of a suspected breach of these terms and conditions and misuse of the service provided. The Operator is obliged to inform the Customer of this immediately.
  5. If the Customer breaches these Terms and Conditions or other agreements with the Operator, the Operator is entitled to withdraw from the Agreement unilaterally and cancel the service provided. In this case, the Customer's data will be deleted and stored on a replacement medium. If the customer wishes to obtain these data back, the Operator is entitled to demand payment for this service.

Rights and obligations of the customer

  1. The Customer undertakes to take all measures on their side necessary to prevent misuse of the services. The Customer is responsible for the consequences of such misuse if it occurs.
  2. The Customer is obliged to take all measures to protect all access data (user names and passwords) of all users for the management and use of the services and for access to the customer account. The Customer is responsible for any damage caused by misuse of the system by a third party who uses the correct user name and password to gain access.
  3. The Customer is prohibited from attempting to disrupt the operation of the services and of technical or software resources, from deliberately overloading them, and from attempting to use the services or systems contrary to their purpose.
  4. The Customer is prohibited from using the services for purposes that conflict with the laws of the Czech Republic or with good morals, from sending unsolicited email and the like.
  5. The Customer is obliged to comply with the generally binding legal regulations of the Czech Republic and to act in accordance with good morals and generally accepted moral and ethical standards. In particular, the Customer must not violate the legally protected rights of the Operator and of third parties.

Exclusion from service

  1. The Operator may refuse to provide services to a Customer whose activity falls at least partly into any of the following categories, or whose content that it provides, stores, shares or downloads falls at least partly into any of the following categories: - conflicts with the legal order of the Czech Republic or with valid international conventions - conflicts with good morals - infringement of copyright, patent, industrial or similar rights - sending unsolicited messages (spam) - direct or indirect harm to any rights of third parties - overloading the infrastructure or technical or software resources of the Operator or other parties - endangering the privacy or security of other systems or persons
  2. The above provision applies to anything that may even partly fall into the above categories, and the decision on whether the Customer has breached this paragraph is at the sole discretion of the Operator.
  3. The Customer is liable for all damage caused to the Operator, its other Customers or third parties.

Term of the agreement and its termination

  1. The agreement for the provision of paid services is concluded for a fixed term unless the contracting parties agree otherwise. The duration of the Agreement is determined by written agreement of the contracting parties or automatically by the Customer's choice of billing period when ordering the service, in which case the duration of the Agreement is automatically agreed for a period equal to one billing cycle. The Agreement in its current wording is renewed each time with a new billing period of the already existing service.
  2. The contracting parties may terminate the contractual relationship by mutual agreement or by unilateral notice. The notice period is 1 month and begins on the day following delivery of the notice to the other contracting party.