Service and Usage Agreement

Terms and Conditions

Terms and conditions for renting servers, registering domains, creating websites and other hosting and web services.

I. Basic concepts

1. The provider is a natural person Jiří Semota, Provaznická 480/1, Cheb, 35002 with registered office at Kostelní 505/2, Cheb, 35002, ID 72267208, non-VAT payer, registered in the trade register kept in Cheb, who operates the hosting portal Drivehosting.NET on at the web address www.drivehosting.net and the website for the creation of websites, portals and e-shops DriveSpace.cz at the web address www.drivespace.cz, valid from 09/01/2022.

2. The user is any legal entity or natural person capable of legal acts who, while respecting these General Terms and Conditions, concludes a contract with the provider for the provision of data telecommunications services.

3. The operation of the server means the provision of data telecommunications services consisting of the technical management of the 2nd level domain and the hosting of the user on the technical means of the provider, which are operated on the territory of the European Union. The location of the physical data is in the territory of the European Union and the user meets the conditions of the GDPR regarding the location of the data.

4. A server is a computer permanently connected to the Internet, which is prepared for the operation of applications compatible with the server configuration (ie in the environment of the server's operating system, installed services, etc.), through which our services are provided.

5. A virtual server is a defined (virtual) server operated on a physical server, on which multiple virtual servers for multiple clients are simultaneously operated.

6. A dedicated server is a physical server reserved only for the needs of a single client with its own attributes and the range of services provided by the Provider's infrastructure.

7. Client administration is the interface at www.drivehosting.net/muj-ucet, which is intended for service management, including an overview of payments or information about the client.

8. Domain registration is our service, which is used for the registration and maintenance of Internet domain names under selected TLD registries.

9. Web hosting is the provision of space on our servers for the operation of WWW pages, with the support of e-mail boxes and databases.

10. By service we mean any service that we offer within our portfolio, which we provide to you based on the contract between us.

11. You are the client.

12. The provider is Drivehosting.NET.

13. By renting a virtual server, we provide the possibility of using part of the computing resources of a physical server with specified attributes, values ​​and the range of services created by our infrastructure. Attributes and values ​​are determined partly as reserved for your needs (processor performance, memory size, disk space, etc.) and partly as shared (number of used processor cores, number of disk operations, network traffic, etc.), which you use at the same time as other clients . At the same time, the degree of possibility of using shared attributes by the client is limited by the degree of use of shared attributes by other clients.

14. With the dedicated server service, we provide the possibility of using the computing resources of a physical server with specified attributes and the range of services secured by our infrastructure. Attributes are all set as reserved.

15. Web hosting is DNS domain management, provision of data space on our servers, access to data using the FTP and HTTP(S) protocols, operation of e-mail accounts with the possibility of managing them, operation of the MySQL database server, backup and technical support.

II. Operating conditions, rights and obligations of the provider, rights and obligations of the user and prohibited use of our services

Based on the concluded contract, the provider will provide the user with continuous operation of the servers on which the user's service will be operated,
2. On the basis of the concluded contract, the provider will provide the user with continuous supervision of its own technical means, including their service and corresponding technical support according to the type of service provided, with the domain name administrator, the provider will provide the user with the registration and operation of the domain name in the 2nd level domain.
3. In order to provide services in accordance with the Agreement on the provision of data telecommunications services, the user undertakes to provide the necessary cooperation to the provider, especially during the assembly, adjustment, maintenance, addition, repair, modification, measurement, revision, dismantling, etc. of the provider's technical equipment, throughout duration of the contract.
4. The user acknowledges that when providing activities according to paragraph 2 of this article, there may be an outage of the services provided on the basis of the Agreement.
5. The user acknowledges that the services are provided exclusively for his needs and may not allow the use of these services by third parties without the written consent of the provider. The user is responsible for the damage caused to the provider as a result of any unauthorized use of the provided services.
6. The user is prohibited and the provider is entitled to immediately terminate the provision of services under the Agreement if the user violates the prohibition and through the provider is on the Internet:
 offer or distribute content that is in conflict with the legal order of the Czech Republic and valid international conventions to which the Czech Republic is bound
 promote the suppression of constitutionally guaranteed fundamental rights and civil liberties of groups, individuals or nations
 offer or distribute illegal pornographic material
 operate servers offering illegally obtained software for the purpose of reselling it and providing this illegal software to third parties
 operate servers targeting spam
 operate servers burdening database systems (e.g. use of inappropriate database, poor data indexing, etc.)
 post racist information on the Internet; information that could damage the good name of the provider, or other material, the content of which is in conflict with the legal order of the Czech Republic or international treaties to which the Czech Republic is bound
 operate the servers of users who damage the good name of the provider or its employees
 violate copyright and other rights of third parties, including intellectual property
 operate servers whose content is contrary to good manners
 use and distribute tools that would threaten the security of the Internet
 to operate any servers that can even partially be included in the above categories, while the possible inclusion of user content in one of the above categories is entirely at the discretion of the provider.
7. In the event that the user commits the conduct listed in the previous paragraph (without the prior written consent of the provider), he is responsible for the damage incurred by the provider in connection with such breach of contractual obligations.
8. The client is obliged to pay properly and on time for our services.
9. The Client is obliged to truthfully state his contact and invoicing information for the purpose of concluding a contract, registering and operating domain names and communicating with the Provider and to keep them up-to-date.
10. The client can use our services to the extent specified in the contract. When using the shared attributes and services of the Provider's infrastructure, the possibility of using the services is limited by the degree of use of these resources by other users and the technical capabilities of the given solution.
11. The provider ensures the correct and continuous operation of its services.
12. The provider ensures the service against disruption of operation by a third party or a client, depending on the nature of the provided program resources. In the event that a situation arises where we get into a conflict between the security solution and the range of services offered, the security of the service takes precedence.
13. The provider has the right to change the parameters of the services and their variants, especially in the interest of the client (for example, increasing the space). The provider is entitled to reimbursement of reasonable additional costs that he has purposefully incurred in this way.
14. You may not use our services for purposes other than those specified by us, especially not for illegal purposes.
15. Unless we give you permission to do so, you must not access our services by any automatic tools (eg using bots, software and other similar tools), unless this follows from the very nature of the services and their usual use. We also prohibit interfering in any way with the normal operation of services, including any attacks, changes to TCP/IP protocols or intentional transmissions of excessive data volume that may overload the infrastructure of our services.
16. It is forbidden to operate, make available and distribute content in violation of legal regulations or good morals. In case of operation, making available or dissemination of such content, we have the right to temporarily or permanently block this content, s

III. Domains

1. The administrator of domain names in the domain is the user-selected company DomainNameAPI, which is authorized to perform level 2 domain registrations (hereinafter referred to as the registrar).
2. The user has a domain name in a 2nd level domain leased for use from the registrar. For this domain name rental, the user pays a fee to the provider and the latter to the chosen registrar.
3. All disposal rights to the leased and paid for domain name belong to the user, who is authorized to dispose of the given name within the framework of the lease according to the terms and conditions of the relevant 2nd level domain registrar.
IV. Defects, shutdowns, complaints, breakdowns
1. In connection with the services provided, there may be a temporary limitation, interruption or reduction in their quality. In such a case, the provider is not responsible for damages caused to the user or third parties due to server malfunction, damage, loss or leakage of data. Likewise, the provider is not liable for damages in the cases specified in paragraphs 2, 5 and 8 of this article.
2. The provider has the right for each of the machines for any service to a planned downtime to carry out the necessary security software upgrades, maintenance or hardware replacement, within the scope of 60 minutes. The provider is obliged to announce this planned shutdown on its website no later than 24 hours before the start of the planned shutdown.
3. The provider will, according to its possibilities, implement a shutdown during times of lower traffic on weekends, holidays and at night. The provider will shut down for the time necessary to carry out activities according to paragraph 2 of this article.
4. The provider is not responsible for obstacles that occurred independently of his will and prevent him from fulfilling his obligations. The effects excluding liability are limited only for the duration of the obstacle to which these effects are associated. The provider is not liable to the user or third parties for damages, including claims for compensation for lost profits, which they incur in connection with the interruption of the supply of services, if the interruption occurs due to force majeure, misuse of the services provided by third parties, or their illegal interventions.
5. The user is obliged to submit a claim for outages and malfunctions to the provider in writing no later than three calendar days after termination or removal of the outage.
6. The user does not have the right to a discount on the price for the services provided in connection with a network outage of the housing center in which the provider's technical resources are located.
7. The complaint does not have a suspensive effect and the user is obliged to pay the service prices charged to the provider in full by the due date.
8. The provider will not grant a discount on the price of the services provided, if the user does not pay for the services provided properly and on time. If, as part of the complaint procedure, the provider grants the user a discount on the price of the services and the service user does not pay properly and on time, the provider has the right to offset all of his financial claims against the user against the granted discount on the price of the services.
9. The user is responsible for the damage he causes to the provider, or to third parties, in particular by running inappropriate and overloading scripts on the provider's server, reducing the response speed of the provider's machines or making the availability of third parties impossible.
10. The user is responsible for the damage caused to the provider or third parties by sending unsolicited mail from the server. The damage caused mainly concerns the placing of the IP address of the server on Blacklists, and financial waste from anti-spam authorities and UOOU.
11. The user acknowledges that, in addition to the granted discount on the price of the services provided, the provider is not responsible for damages resulting from non-provision of services or defective provision of services.
12. Make a complaint to the e-mail: info@drivehosting.net.
13. For complaints, please include a description of the defect, which service the defect concerns and how you wish to handle the complaint.
14. If you report service outages to us, you are obliged to communicate with us, respond to our messages and questions, provide us with the information and access we need to solve the problem, without delay, within 24 hours at the latest.
15. Please note that we are not responsible for service difficulties that are not on our end. This includes, in particular, improper intervention by you or persons authorized by you, third-party services, attacks on servers, hosting, internet outages, malfunctioning technical equipment, malfunctioning or non-updated operating systems or programs, etc.
16. If you believe that the service you paid us for is defective (the scope or quality does not correspond to the contracted conditions), you can file a claim in accordance with the law. If the defect is rectifiable, you can claim rectification or a reasonable discount. If the defect cannot be removed, you can ask for a reasonable discount. However, we only provide a discount up to twice the remuneration for the given service and the period in which the defect occurred. The amount is limiting, including any compensation for damages.

V. Orders, contracts, payment terms

1. The user orders the intended services from the provider by concluding a contract for the provision of data telecommunications services. In this Agreement, the parties agree on the subject and scope of performance, payment and other conditions.
2. Payment for the services provided belongs to the provider. The method of billing for individual services provided by users is determined by the type of service. The user undertakes to respect the payment terms specified in the Agreement. In this Agreement, the parties agree on the price of the services provided depending on the length of the billing period, on any discounts or surcharges, methods of payment, length of the billing period, etc.
3. For paid services, the provider will invoice in advance, unless the parties agree otherwise. On the day the payment is received, the provider activates the service for the user and together with the configuration protocol sends a tax document - the final invoice - to the user's e-mail.
4. The user is not entitled to a refund of a proportional part of the price paid for services not provided in the event of premature termination of the Agreement by the user without stating a serious reason, which is, for example, unjustified non-fulfillment of the contractual terms by the provider.
5. According to the Sales Registration Act, the seller is obliged to issue a receipt to the buyer. At the same time, he is obliged to register the received sales with the tax administrator online; in the event of a technical failure, then within 48 hours at the latest.
6. The customer consents to the issuance of an electronic receipt for payment in accordance with the Sales Registration Act.
7. The Provider reserves the right not to conclude a Contract with the User before the start of the provision of services, if the Provider finds any doubts on the part of the User.
VI. Duration and termination of Contracts for the provision of data telecommunications services
1. The contract can be concluded for a fixed period, for a period of up to one year.
2. The user is obliged to send the termination of the Agreement in writing (in electronic form) to the email address of the provider. The provider will confirm the acceptance of the termination to the user by return email.
3. A written notice can preferably be sent to the address of the provider's headquarters. In case of doubt about the day of delivery, it is considered that the written notice was delivered to the provider no later than the seventh day after it was submitted to the post office.
4. If the user does not change the hosting provider during the notice period (including changing the DNS record and the technical administrator), he undertakes to pay the invoice issued by the provider for the next period of time according to the service used so far.
5. The provider has the right to terminate the Agreement immediately if the user violates the contractual or general terms and conditions, if he does not pay for the services received, or if he is more than 14 days in arrears with the fulfillment of his financial obligations to the provider.
6. Termination of the contract by the provider takes place as follows:
5 days late in fulfilling financial obligations - Limitation of services
10 days late in meeting financial obligations - Suspension of services
by 14 days in arrears with the fulfillment of financial obligations - Termination of services and deletion of all data without the possibility of recovery.
7. In case of violation of contractual terms by the provider, the user has the right to terminate the concluded Agreement with immediate effect.
8. The provider sends the termination notice to the user by e-mail to the e-mail address specified in the Agreement.
9. Payment is always for a given period of time, which results from the order or individual agreement. If you do not use the services in the agreed period, this does not affect the obligation to make the payment.
10. Unless something else follows from the order (prepayment of the given period, etc.) or individual agreement, the contract is concluded for an indefinite period.
11. Payment for services is due in advance.
12. We will send you the tax document in electronic form to the e-mail address you provided.
13. If you are in arrears with the payment of the invoice for a period longer than 14 days, we have the right to interrupt the provision of the service to you/not to provide the service. In such a case, we are not responsible for any damage caused by loss of data or unavailability of services. However, the obligation to pay for the agreed services during this period is not affected.

VII. User registration

1. All data entered in registration, other forms and Contracts must be true. In case of any change to these data, the user is obliged to correct them or request correction from the provider. Data can be changed online directly via the provider's web interface.
2. The registered user bears full responsibility for all orders, requests and activities carried out through the Client Administration.
3. The registered user bears full responsibility for everything that happens on the account in connection with the discovery of the user's login name and password by another person, which is not caused by the provider.
4. The registered user agrees that the provider will send him information about news in his company's offer by e-mail.
5. The registered user agrees that information about the user (with the exception of personal data protected by Act No. 101/2000 Coll.) will be used for the provider's marketing purposes.

VIII. Protection of personal data

1. Information about customers is stored in accordance with the applicable laws of the Czech Republic, in particular with the Personal Data Protection Act No. 101/2000 Coll. as amended by later amendments and regulations.
2. We use all data obtained from customers exclusively for the company's internal needs and do not provide them to third parties. The exception is represented by companies providing transport or payment systems, to which the personal data of customers is transferred to the minimum extent necessary for the smooth processing of the order. Without the express consent of customers, we handle personal data only and exclusively to the extent permitted by the Personal Data Protection Act, primarily in § 5 paragraph 2 letter b) and in § 5 paragraph 6.
3. By creating and paying for the order, the user gives consent to the processing of personal data and the sending of business communications.
4. Consent is granted in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons in connection with the processing of personal data and on the free movement of such data, hereinafter referred to as "GDPR"), according to Act no. 101/2000 Coll., on the protection of personal data (hereinafter referred to as "ZOOÚ") and according to Act No. 480/2004 Coll., on some information society services and on the amendment of some laws.
5. The user hereby grants, pending the revocation of this consent, the natural person Jiří Semota, with registered office Kostelní 505/2, Cheb, 35002, IČ 72267208, VAT non-payer, Registered in the trade register kept in Cheb (hereinafter referred to as the "Provider"), as the administrator of personal data , consent to process (including automated and in particular through collection, monitoring, profiling, evaluation and storage) personal data. All this for the purpose of identifying the relevant needs of the user and offering and providing suitable business offers and customer programs of the Provider, both in printed form and by electronic means. Personal data that will be processed on the basis of this consent include name, surname, title, permanent residence/place of business, date of birth, social security number, bank account number, data from submitted documents, data on payments and payment morale, SIPO payment data, telephone and e-mail connections, information identifying the device or the person associated with the use of the device, e.g. IP addresses or cookie identifiers and information about purchasing preferences.
6. The User gives this consent voluntarily and is aware that he can revoke the consent at any time, in the same way as he gave it.
7. At the same time, the user acknowledges that failure to grant or withdraw this consent may result in the inability to offer certain services tailored to his needs.
8. The user acknowledges that even without granting this consent, the Provider has the right to send commercial offers and communications with the offer of its own products and services for the duration of the contract, until I express my disagreement with this.

IX Special arrangements

VPS Servers - user rights and obligations

1. The user must enable the ping function on his VPS server to ensure monitoring of the VPS server. In the case of renting a dedicated server, they must also make information about system resources available via the SNMP protocol.
2. It is not allowed to run long-term performance-intensive processes on VPS servers for virtualization, especially cryptocurrency mining and hi-performance computing.

Servers and applications for sending mass emails - rights and obligations of the user

1. The User is prohibited from sending mass emails on the Provider's servers.
2. Servers and products and services designed for this are the exception to mass emailing.
3. The Provider will forward every complaint about the mass sending of emails from the User's server to the User for immediate resolution and rectification of the situation.
4. If the User does not resolve the complaint about the mass sending of emails from the User's server within 48 hours of notification by the provider, the provider will suspend the operation of the user's server without further notification.
5. The user is responsible for the damage caused to the provider as a result of any unauthorized use of the provided services according to Paragraph 2.5.

X. NDA - Confidentiality Amendment

1. Given that the provider considers these negotiations to be confidential,
- within the scope of these negotiations, the provision of information, the secrecy and confidentiality of which the provider is interested in
- requires confidentiality about them,
both parties have decided to enter into this contract.
2. The Contracting Parties have agreed that the following provisions and conditions will be applied in the event that one of the Contracting Parties (hereinafter referred to as the "Confidential Information Provider") provides confidential information to the other Contracting Party (hereinafter referred to as the "Confidential Information Recipient").
3. All confidential information owned exclusively by the Confidential Information Provider and provided to the Confidential Information Recipient shall remain the sole property of the Confidential Information Provider. The recipient of confidential information must maintain and protect its confidential nature with the same effort as it takes to protect its own confidential information, but at least to the extent reasonable, taking into account all the circumstances.
4. Except to the extent required by the purpose of this agreement, the Recipient of confidential information agrees not to reproduce any confidential information in any way or to provide such information to third parties or to its employees or representatives who do not need to know this information for the purposes of this agreement and the cooperation of the Contracting Parties.
5. All intangible and tangible forms of confidential information (e.g. ftp, databases, mail-lists) delivered under this contract are and will remain the property of the Provider of confidential information, and this confidential information will be destroyed after the contract expires.
6. Confidential information includes in particular
o trade secrets, procedures, definitions, specifications, programs, all information from ftp and mySQL databases, mailing lists, technical and other know-how, operating methods and procedures, business strategies, business and marketing plans, proposals, agreements, contracts, financial , commercial and other operational data of the contracting parties,
o information about clients, etc., data subject to protection under special laws (in particular information forming part of bank secrecy pursuant to Act No. 21/1992 Coll., on banks and personal and sensitive data pursuant to Act No. 101/2000 Coll., o on the protection of personal data and on changes to certain laws)
7. The provider will not publish the user among the company's references without the express permission of the user.
8. The provider will not provide any contact information for the user to a third party, except for legal obligations, anti-spam authorities and data center operators.

XI. Final Provisions

1. These General Terms and Conditions are an integral part of the Agreement on the provision of data telecommunications services.
2. The provider reserves the right to make changes to the text of the General Terms and Conditions.
3. The terms and conditions changed by the provider are valid and effective from the first day of the month following the month in which they were published on the provider's website.
4. In the case of delivery of messages via e-mail, it is valid that the message was delivered to the other party on the third day after it was sent.
5. The parties undertake to inform each other without undue delay of changes to their contact details (seats, addresses, telephone numbers, faxes, e-mails).
6. Amendments and amendments to the Contracts must be in writing and must be signed by persons authorized to act on behalf of the contracting parties.
7. In accordance with the provisions of Section 262, paragraph 1 of the Commercial Code, the contracting parties have agreed that their contractual obligations will be governed by the Commercial Code. Relations not regulated by this Code are governed by Act No. 151/2000 Coll. on telecommunications, by Act No. 101/2000 Coll. on the protection of personal data, or the Civil Code.
8. Upon conclusion of the Contract for the provision of data telecommunications services, the user will receive one copy of these General Terms and Conditions. By signing the Agreement for the provision of data telecommunications services, the user confirms that he has read the General Terms and Conditions for the provision of services on the Drivehosting.NET and DriveSpace.cz servers.

These General Terms and Conditions take effect on September 1, 2022.