I. GENERAL CONSIDERATIONS
1.1. The www.dediserv.eu website is owned and operated by Dediserv Dedicated Servers Sp. z o.o. And is subject to its Terms of Service. These Terms of Service define conditions and scope of contract between: Dediserv Dedicated Servers Sp. z o.o located at 00-378 Warszawa, ul. Jaracza 3/49 NIP: 7010058737 Regon: 140844399 KRS: 000263205 Registered at the Sąd Rejonowy dla m.st. Warszawy w WARSZAWIE, XII Wydzia? Gospodarczy KRS Share Capital: PLN 50 000 Operating under the domain www.dediserv.eu providing subscription internet services, notably electronic mail, virtual servers, domain registration, dedicated servers, VPS - virtual Private Servers, colocation of servers hereinafter referred to as "Dediserv" and the user of the above services hereinafter referred to as "Subscriber".
1.2. These Terms of Service and changes to them take effect upon their publishing on the website www.dediserv.eu. They describe the manner and terms of using the services and define the rights and obligations of both parties. The use of Dediserv subscription services by the Subscriber constitutes the acceptance of these Terms of Service in the form available on the www.dediserv.eu website.
1.3. Ordering by a Subscriber of selected service through the order form on the www.dediserv.eu website (with possible subsequent modifications) or ordering a service in another way, including telephone, email, fax, letter or in person and executing a payment constitutes a conclusion of a contract between Dediserv and Subscriber and an acceptance by the Subscriber of present Terms of Service and commitment to adhere to them. Any complaints claiming ignorance of these Terms will not be taken into consideration.
1.4. Dediserv reserves the right to revise its Terms of Service at any time. Non-termination of the present contract by the Subscriber within 7 days from the date of the introduction of a change to the present Terms shall be considered an acceptance by the Subscriber of a change to these Terms. Changes to the Terms of Service shall be announced on the www.dediserv.eu website and shall enter into effect upon their publication on the website. Dediserv is not obliged to inform the Subscriber of the changes of the Terms of Service in another way than the one described in this paragraph.
II. USE OF SERVERS
2.1. Dediserv provides subscription Internet services enumerated in par. 1.1. An up-to date and detailed offer of Dediserv is presented on the www.dediserv.eu website.
2.2. The Subscriber is fully and solely responsible for the content stored on the servers used by him and made available to him by Dediserv. All services provided by Dediserv may be used for lawful purposes only, which excludes, but is not limited to: copyrighted material, material we judge to be threatening or obscene or material protected by trade secret and unsolicited email (spam) and invasion of privacy. Dediserv will be the sole arbiter in determining violation of this provision.
2.3. Dediserv reserves the right to remove from the server uncertain software, especially units of Shell and IRC services, if they, directly or indirectly, may bring damage to Dediserv or its other subscribers, or if there is only a presumption that such software might cause damage.
2.4. The Subscriber agrees that Dediserv will process the Subscriber's personal details, which he provided to Dediserv during the registration procedures. The Subscriber states that he is aware of his right to inspect and correct his own personal details. Dediserv commits itself to observe the confidentiality with respect to the Subscriber's personal information. Unless the Subscriber has expressly disagreed to it, Dediserv can put on his reference list the Subscriber's name or his firm's name and the Internet address of his website. Dediserv can send to the Subscriber notifications, newsletters, special offers and other information.
2.5. The Subscriber is obliged to protect his access password and undertakes not to attempt to crack other subscribers' access passwords or to be detrimental in another way to other users.
2.6. Wherever the Terms of Service set a limit on the data transfer or capacity, the Subscriber pays for exceeding such limit or moves to a higher package. The data transfer limit from a given month cannot be utilized in the next month.
2.7.The Subscriber is liable for damages caused by a non-professional use of the rented service, by his non-observance of these Terms of Service and by his illegal activities on the Internet.
III. CONCLUSION AND EXTENSION OF AGREEMENT
3.1. Internet services agreement is concluded by completing and sending by the Subscriber of the online order form, by acceptance of the order by Dediserv and by payment for the ordered service by the Subscriber. Dediserv reserves the right to refuse to accept an order, among others due to previous misconduct or lack of creditworthiness. Provisioning time of servers is subject to availability of hardware and to demand for the servers.
3.2.The contract of service subscription is concluded for a period defined in the online order form and is automatically extended with an implicit consent of the parties for each successive billable period thereafter at the then applicable prevailing rates and charges, unless written notice of cancellation is received from Subscriber at least 14 days prior to the beginning of the next billable period.
3.3. The present Terms of Services applies also in the case of ordering services in a way other than by an online order form, unless the parties decide otherwise in writing.
3.4. Each party can terminate the present contract at least 14 days before the beginning of the next billable period.
3.5.Notwithstanding the above ruling Dediserv reserves the right to:
a) terminate the contract and to switch off the server in the case of non-payment within the deadline for the extension of the server for new period,
b) refuse, suspend or cancel any account, at any time, without notice, for any reason Dediserv considers appropriate in the light of violation of present Terms, especially of its par 2.2. The Subscriber agrees that Dediserv may not be held liable for any decision to so refuse to provide service.
3.6. Dediserv is not obliged to refund the service fee if the contract has been terminated due to the Subscriber's fault prior to the expiry of the service period.
3.7. After the end of the contract, whatever its reason, the Subscriber must discontinue immediately to use the server and make a backup of its data. Dediserv cannot be in any way held liable for the loss of data of the Subscriber.
IV. PRICES, BILLING, PAYMENTS
4.1. Payments for subscribed services are made by the Subscriber in advance. The payments can only be made in amounts and for periods published on the www.dediserv.eu website.
4.2. The subscription fee is a payment for using a virtual server account or a dedicated server, VPS or colocation in the Dediserv network and does not cover such services as Internet access, software configuration or creating a webpage.
4.3 The subscription fee is subject to change, if Dediserv decides that there are sufficient grounds for doing so, especially, but not exclusively, change of domain registrar charges, change of charges of other providers, or change of exchange rates. The payment of the subscription fee protects the Subscriber from changes of fees until the end of period for which the Subscriber has paid the subscription fee.
4.4. Dediserv can issue and dispatch the invoice in electronic form under a secure electronic signature in the meaning of art. 3, point 2 of the Act on Electronic Signature of 18 IX 2001 (Journal of Laws Nr 130, pos 1460 with latter additions) verified by a valid , qualified certificate issued by Sigillum - Polish Mint SA.
4.5. Payment for the extension of subscription must reach Dediserv before the beginning of the subsequent billing period. If payment is not received by that date, Dediserv has a right to terminate the contract and to switch off the server.
4.6. Dediserv does not bear any responsibility for payment delays caused by third parties such as banks, post offices, etc.
4.7. Termination of contract does not acquit the Subscriber from paying to Dediserv the amounts due.
4.8. Dediserv charges Euro 29 for settling arrears and eventually for reinstallation of the server.
V. LIABILITY AND LIMITATION OF LIABILITY OF DEDISERV
5.1. Dediserv undertakes to provide a 99,5% server uptime as an average over a year. In the period of a year, 1% of time in the year average may be allocated to maintenance. Dediserv will compensate the Subscriber for a possible proven lack of continuity in delivering services lasting longer than 24 hours due to Dediserv's fault by extending the period of provision of service by double the period of non-activity of the account, unless the downtime was caused by the breakdown or impropriate functioning of telecommunication infrastructure which are beyond control of Dediserv.
5.2. Except as set forth above, service is provided on an "AS IS" and "AS AVAILABLE" basis and Dediserv excludes and Subscriber hereby waives all other representations and warranties, express or implied, arising by operation of law or otherwise, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement and title, as well as any warranties arising from a course of dealing, usage or trade practice, provider does not warrant or guaranty that the service will operate without fault, error or interruption. Neither party shall be liable for any indirect, incidental, special, consequential or punitive damages (including but not limited to, damages for lost profits, lost revenues, lost opportunity to develop business, lost expected savings, whether caused by the acts or omissions of a party's employees or representatives, culpable negligence, or willful misconduct regardless of whether such party has been informed of the likelihood of such damages. The liability of provider for damages arising out of the furnishing of service or any other matter hereunder, including but not limited to mistakes, omissions, interruptions, delays, tortuous conduct, errors or other defects, representations, use of service or arising out of the failure to furnish service, whether caused by acts of commission or omission, (including Subscriber hardware or software failures or any other damage occurring after the provision of the service) shall be limited to the extension of provision of service as set forth above . IN NO EVENT SHALL DEDISERV'S CUMULATED LIABILITY EXCEED THE PAYMENTS MADE BY SUBSCRIBER TO DEDISERV IN THE GIVEN MONTH
5.3. Neither party shall be liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments due hereunder) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control ("force majeure" event), including, without limitation, fire, flood, acts of God, electricity cuts longer that 48 hours, labor disputes, legal acts, accidents, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for a party to perform its obligations under this Agreement.
5.4. Subscriber agrees to take full responsibility for files and data residing on Dediserv's servers and to maintain all appropriate backup of files and data stored on Dediserv servers. Dediserv is not liable for the loss of data, including the loss resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Dediserv and its employees. Dediserv is not liable for the quality of information received via electronic mail or for its content.
5.5. Dediserv is not liable for damages caused by the Subscriber, notably, but not limited to incorrect use of service, loss of password, provision of inaccurate and incomplete information
5.6. A complaint made by the Subscriber in connection with the non-execution or improper execution of services ought to be drawn up and posted within 14 days of the cause of complaint. Dediserv considers the complaint and replies to the Subscriber in writing within 14 days.
VI. CONCLUDING TERMS
6.1.These Terms of Service and changes to them take effect at the moment they are published on the website www.dediserv.eu
6.2.This Agreement constitutes the entire agreement between Dediserv and the Subscriber with respect to the subject matter hereof. All prior agreements, representations, and statements with respect to such subject matter are superseded.
6.3. Should any one or more provisions of this agreement be found to be invalid, illegal or unenforceable for any reason, such finding shall not affect or invalidate any other provision hereof.
6.4.These Terms of Service shall be governed by and construed by the laws of Poland and any disputes shall be exclusively resolved within the jurisdiction of the courts of the Poland.