Art. I. Basic concepts
1, the Provider is the company PIPNI, Ltd. with its registered office at Balbínova 206/16, Prague 2, ID 26738058, registered in the Commercial Register of the Municipal Court in Prague, Section C, File 90636, which has been operating the server PIPNI with effect from 1.1.2003.
2, the User is any legal entity, or any physical entity having legal capacity, which in respect of these General Terms and Conditions (hereinafter referred to as GTC) concludes a contract with a provider for the provision of telecommunications services, data or confirm on the website of the provider agreement by GTC.
3 Server operation means the commercial provision of data telecommunication services consisting in the technical administration of second domain level (hosting) or a virtual server user on the technical means of the provider.
Art. II. Operating conditions, rights and obligations of the provider, the rights and obligations of the user:
1, On the basis of a contract, the provider shall provide to the user:
a) Continuous operation of the server on which the service will be operated by the user,
b) Continuous surveillance of its own technical resources, including its own service and
c) Adequate technical support and hotline services according to the type of service rendered,
d) The administrator of the domain name provider ensures the user registration and operation of the domain name in the second level domain.
2, In order to provide services under the Contract for the provision of data communication services, the user agrees to provide necessary cooperation providers, especially when installation, adjustment, maintenance, addition, repair, modification, measurement, review, dismantling, etc. of technical equipment provider for the whole duration of the Contract.
3, the user acknowledges that while carrying out the activities described in paragraph 2 of this article there may be a loss of services as provided under the Agreement, or the loss of data on your device. The user is solely responsible for data backup and the provider is not responsible for data loss.
4, the user acknowledges that the services are provided exclusively for his use and not for the use as services to third parties without the written consent of the provider. The user is responsible for any damages caused to the provider as a result of any unauthorized use of the services provided.
5, the user is prohibited and the provider is entitled to immediately terminate the provision of services under the Contract, if the user violates the prohibition and, through the provider, spread on the Internet any of the following:
- Offering or distribute content that is in conflict with the valid Law of the Czech Republic and the applicable international conventions to which the Czech Republic is bound
- Promotes suppression of constitutionally guaranteed fundamental rights and civil liberties of individuals, groups or nations
- Offering or distribute illegal pornographic material
- Operates warez, gamez, crack servers or content with a similar focus
- Operates download servers
- Operates servers offering illegally obtained software for resale and delivery of this illegal software to third parties
- Operates servers focusing on spam
- Operates servers overloading database systems (e.g., use of improper database, poor indexing of data and so on.)
- Placing on the Internet racist information, information that could damage the reputation of the provider, or other material whose content is contrary to the laws of the Czech Republic or international agreements to which the Czech Republic is bound
- Operates servers that contain excessive amounts of music and video files (mp3, mpeg, avi, etc.), and which serves mainly to download these files
- Use ftp server space for the storage of excessive amounts of data that are not part of the Web site or application, or use this space for file exchange with third parties
- Operates servers of users who abuse or misuse the reputation of the provider or its employees
- Infringes copyright or other rights of third parties, including intellectual property
- Operates servers whose content is contrary to good morals
- Use and distribute tools, which would jeopardize the safety of the Internet
- Operates any servers, which can also partially included in the above categories, with the possible inclusion of user content to any of the above categories is fully at the discretion of the provider.
6 In the event that the user engages in conduct as listed in the preceding paragraph (without the prior written consent of the provider) the user is responsible for damages incurred to the provider in connection with such breach of contractual obligations.
Art. III. Domains
1, the administrator of domain names in the "top level" domain is a company chosen by the user and who has the authority to carry out the second domain level registration (hereinafter referred to as registrar), the registrar may be the provider.
2 The user has second level domain names that are leased from the registrar. Under this lease the domain name registrar selected user pays a fee.
3, All rights to a leased and paid domain name belongs the user who is authorized under the lease with handling the given domain name according to the business conditions of the second domain registrar level.
4, the provider does not have any rights to the domain name and is not its owner (the holder) or its user. If the provider is a registrar, the domain is paid and may request an administrative contact holder to perform tasks (or change), which is contractually entitled as a registrar administrator of the respective "top level" domain. If the provider is not a registrar, it is only a technical domain administrator.
Art. IV. Faults, outages, complaints, disorders
1. In connection with the services provided, there may be temporary restriction, suspension or reduction in their quality. In this case the provider is not held responsible for damages incurred by the user or third parties due to server malfunction, damage, loss or leakage of data or as a result of damages as referred to in paragraphs 2, 6 and 9 of this article,
2. The provider is entitled, for each of the machines for any services on the planned downtime to perform the necessary security software upgrade, maintenance, or replacement of hardware, and it's in the range of 60 minutes per month. This scheduled downtime for the service provider is obliged to announce on its website not later than 24 hours before the planned stoppages.
3. The provider will be according to their possibilities to realize the off-peak traffic stoppages on weekends, public holidays and at night. The provider executes the downtime for the period strictly necessary for the implementation of the activities referred to in paragraph 2. This article.
4. If the monthly maintenance time of 60 minutes of planned stoppages is not used up for a period of maximum three months the individual monthly times are cumulated. The sum of the following outstanding period in the case of more complex exercises provider activities associated with maintenance, repair and protection equipment provider.
5. On its website the provider always publish list of serious outages and disturbances. In the event of a power failure for an extended period or failure will be part of the information and an estimate of the length of the interruption or duration of disorder.
6. The provider is not responsible for the obstacles that have arisen independently of his will and impede him in the performance of his duties. The effects of excluding liability are limited to the time it takes until the obstacle with which are associated with these effects. The provider does not match the user or third parties for damages, including claims for compensation for loss of profit, which may arise in connection with the interruption in the supply of services, if there is an interruption of the force majeure, misuse of the services provided by third parties, or their illegal interference.
7. The user is obliged to lodge any complaint with shortfalls and failures to apply for service provider in writing within no later than three calendar days of the termination or removal of a power failure.
8. The user does not have the right to a discount on the price of services rendered in connection with a network outage, housing centre, in which are located the technical means provider.<
9. Complaints shall not have suspensory effect, and the user is obliged to pay the provider the prices charged for services in full by the due date of their .
10. The provider will not grant a discount on the price of the services provided, if the user does not reimbursable duly and on time services used. If the provider, within the framework of claims, admits the user a discount on the price of services and the user does not properly nor does a timely manner pay for services, the provider have the right to add all of its financial claims against the user to the price of the discount-granted services.
11. The user is responsible for damages incurred to the service provider, or third parties, in particular is on the provider´s server the user runs script that is inappropriate or overloads the speed of response of the provider´s equipment or third parties availability.
12. The user acknowledges that, in addition to the granted discounts on the price of the services the provider is not liable for damages as a result of failure to provide services, or faulty services.
Art. V. Technical resources, administration, security,
1. For reasons of best stability and security provider is used exclusively by certified UNIX operating system platform-LINUX. Mail, DNS and database machines are on separate computers.
2. Servers are managed exclusively by the staff of the provider.
3. Servers are located in the housing Centre of TTC telecommunications, s. r. o., Třebohostická 987/5, 100 00 Prague 10, which guarantees:
-connections in a circular optical infrastructure (connectivity) between the three data centres (TTC TELEPORT, GTS NOVERA and SITEL) n x 10Gbps (connecting servers min 1Gbps)
-round-the-clock (24/7) physical protection of workers object to a security service that ensures controlled access of persons according to permission
-air conditioning, location of servers in a separate locked cubicle (rack cabinet 19 "), backup power supply (UPS), diesel generator, fire-extinguishing system, an inert gas
Art. VI. Orders, contracts, terms of payment,
1. The user is ordering an ISP service envisaged in the form of conclusion of the contract for the provision of data telecommunications services. In this agreement, the Parties shall agree on the subject matter and scope of performance, payment and other terms and conditions of.
2. Services rendered belongs to the provider of the remuneration. Method of accounting for each service provided by the user is determined by the type of service. The user undertakes to respect the terms of payment specified in the contract. In this agreement, the Parties shall agree on the price of the services provided depending on the length of the invoice period, the possible discounts or extra surcharges, the arrangements for payment, invoice period length, etc.
3. For paid services will be billed in advance as a deposit, provider, unless the parties agree otherwise. On each payment provider exposes an advance invoice that you send it together with the informational challenge to e-mail the user referred to in the Treaty. On the day of receipt of payment provider activates the user and service together with the configuration protocol sends the user an e-mail tax document – the definitive invoice. The original of the tax document service provider shall send to the address indicated on the order only on the basis of a written request by a user with the the reasons therefor.
4. User shall not be entitled to a refund of the aliquot part paid prices for services not committed in the event of early termination of the Contract by the user without giving a reason, which is, for example. Unjustified failure to comply with contract terms and conditions provider.
Art. VII. Duration and the demise of the data contracts for telecommunications services
1. The Contract can be concluded for a definite period, and for a period of one, two, or five years according to the chosen service and the length of the invoice period. Agreement between the parties for the duration of the contractual relationship may be renewed for a further period of .
2. In concluding the Contract the parties agree on a trial period, which shall not exceed three months. The Treaty can be on the side of the user to terminate no later than the last day of the period, provided that the user has fulfilled all its financial obligations to the provider. At the termination of the contract by the user during the trial period the user is obliged to give accurate and specific grounds for termination of the contract.
3. The denunciation of the Treaty is required to send to the user in writing (in electronic form) to the e-mail address of the service provider. The user shall confirm acceptance of the provider notice by e-mail. To send a written notification of the denunciation of the processed form can be used by the provider. The written notice may be sent by registered mail to the address of the provider. In doubt as to the day of delivery, it is considered that the written notice was delivered to the provider by the seventh day after its submission to the in the mail.
4. If the user in the course of the notice period will not change the hosting provider (including DNS record changes and technical administrator), it undertakes to reimburse the provider posted an invoice for an additional time period according to the previously used services.
5. The provider has the right to terminate the contract immediately, if the user violates the contract, or if not, GENERAL TERMS and CONDITIONS for services, or removed if more than 14 days in arrears with the fulfilment of financial obligations to the provider.
6. In the case of violation of the terms and conditions on the part of the provider, the user has the right to terminate the contract with immediate effect. "
7. The provider shall send notice to the user by e-mail to the e-mail address specified in the contract.
8. If the user at the time, on the basis of advance invoices for paid provider, the DNS record changes, or an indication of the technical administrator for your domain provider is not obliged to continue to provide any services. "
9. Under penalty of sanctions in the amount of one hundred thousand crowns, both Contracting Parties undertake, in the course of the contractual relationship even after its termination to maintain the confidentiality of any information relating to the operation of the site and the services provided by the provider. In addition to the penalty, the aggrieved party's claim for compensation, in violation of the confidentiality of the other party. Both Contracting Parties undertake that they will not, without the prior written consent of the other party to provide any information to third parties. Allowable exception is the public disclosure of the information by the provider of marketing about their customers, which will be used on the provider's Web site and, where appropriate, in the e-mail correspondence. An obligation of secrecy shall not apply to information provided at the request of law enforcement authorities.
Art. VIII. Registration of users
1. All data entered in the register, in other forms and contracts must be true. When any change in the particulars, a user is required to carry out their repair, or request a repair provider. You can change data on-line directly through the Web interface of the provider.
2. The registered user shall bear full responsibility for all orders, requirements, and activities carried out through the Administration on PIPNI.
3. Registered user bears full responsibility for everything what occurs on the account in connection with the findings of the user's logon name and password to another person, which is not caused by a provider.
4. The registered user agrees that the provider will be sent in the form of e-mail, information about what is new on the menu of his company.
5. The registered user agrees that the information about the user (with the exception of personal data protected by law No. 101/2000 SB.) will be used for marketing purposes of the provider. For marketing purposes a provider can be used without the prior consent of the user and an excerpt from the e-mail correspondence between the provider and the user.
Art. IX. Final provisions
1. These GENERAL TERMS and CONDITIONS are an integral part of the contract for the provision of telecommunications services.
2. The service provider reserves the right to changes in the text of VOP.
3. The provider of the changed GENERAL TERMS and CONDITIONS shall be valid and effective from the first day of the month following the month in which they were published on the website of the provider.
4. Any changes to these TERMS will be posted on the website of the provider, and if the user will continue to use the services after any such update constitutes binding acceptance of that change.
5. In the case of message delivery via email, the message was delivered to the other party on the third day after her departure.
6. The parties shall without undue delay inform each other about changes to their contact information (mansions, addresses, telephone numbers, faxes, e-mails, etc.).
7. Changes and additions to Contracts shall be in writing and must be signed by persons authorized under the Parties Act.
8. In accordance with the provisions of paragraph 262 article 1 Sales Rep. from the parties have agreed that their contractual obligations will be governed by the commercial code. Relations prepared this code is governed by Act No. 151/2000 Coll. on telecommunications, Act No. 101/2000 Coll. on protection of personal data, or the civil code.
9. On terminating the contract for the provision of data telecommunications services the user receives one copy of these GENERAL TERMS and CONDITIONS. Signature of the contract for the provision of data telecommunications services user's assertion that he was familiar with the GENERAL TERMS and CONDITIONS of providing services on the server PIPNI.
10. These GEBERAL TERME and CONDITIONS come into effect on 1.1.2015