Terms and Conditions - Web Hosting

§1 Type and Scope of Services

1. The HostedWindows.pl service is provided by dcs.pl Sp. z o.o., headquartered at ul. Puławska 303, 02-785 Warsaw, phone +48 22 5486000, VAT ID: 951-20-63-362, REGON 015299480, hereinafter referred to as DCS.
2. The HostedWindows.pl service, hereinafter the Service, includes the following types of electronic services: provision of disk space, application resources, databases and network bandwidth for websites in an environment where these resources are shared by applications of multiple clients.
3. The Service is provided to business entities and natural persons who do not conduct business activity.
4. The HostedWindows.pl Service includes the following hosting plans:

a. paid (hereinafter Paid Service):

1. ASP.NET Web Hosting
2. WordPress Hosting
3. Hosting with Personal Data Protection
4. GoShop Hosting

b. free 7-day trial period (hereinafter Test Service)

4. The characteristics of the Service, its types, detailed parameters, options, ordering method and prices are available at http://hostedwindows.pl.
5. Prerequisites for using the Service are 1/ a computer with Internet access and an installed web browser; 2/ access to e-mail; 3/ enabling cookies and JavaScript in the browser; 5/ a phone capable of receiving SMS messages.

§2 Conclusion and Termination of the Agreement for Account Hosting Services

1. The Agreement under which the Service is provided (Agreement) is concluded by correctly completing the registration form and accepting it by the User or by paying the invoice for the Service.
2. By accepting the registration form, the User declares that:
   1. They undertake to comply with the Service Regulations.
   2. The data provided in the registration form are true.
   3. They will pay the subscription fee for the selected Service within the time and on the terms specified in the HostedWindows.pl offer available at http://hostedwindows.pl.
   4. The name of their account or published DNS domains does not infringe the rights of third parties, and any disputes in this regard will be resolved without the participation of DCS. DCS may refuse to register an account or DNS domain under a given name if that name suggests that another User has priority in registering it.
3. Immediate termination by DCS of the Service Agreement occurs as a result of:
   1. A written statement of resignation by the User sent to the correspondence address dcs.pl Sp. z o.o., ul. Puławska 303, 02-785 Warsaw — effective on the date DCS reads the request.
   2. A request by the User to DCS to cease processing their personal data.
   3. A unilateral decision by DCS taken when:
      1. The User uses the account contrary to these Regulations and, despite being called to cease such activity, continues to do so within 3 days of the notice.
      2. The User has not paid the subscription fee for the selected Service within the time and on the terms specified in §3.
      3. The account name is commonly considered offensive or contrary to good practice.
      4. The account name suggests that another User has rights to it or priority in registering it.
      5. Illegal content, according to Polish law and accepted social norms, is placed on the account.
      6. The account is used contrary to its purpose, in particular in cases of violating Netiquette, harming other Users (e.g., mass sending of advertising content or unsolicited e-mail known as Spam).
      7. The User acts to the detriment of DCS.
      8. In the event of stability or integrity breaches of the hosting platform, the User fails to cooperate with DCS in eliminating the cause of such breach.
4. If the User takes actions that do not violate these Regulations but are deemed undesirable by DCS, DCS will notify the User by e-mail with a demand for immediate cessation of such actions. If the User does not promptly comply, DCS will deem such actions a violation of these Regulations.
5. Termination of the Agreement for reasons attributable to the User does not entitle the User to a refund of any subscription fees paid.
6. The User may resign from the Service at any time without stating reasons, provided that DCS will maintain the accounts until the end of the paid settlement period unless the User requests their deletion. Early deletion of accounts at the User’s request does not result in a refund of subscription fees.

§3 Settlements and Payments

1. Registration for HostedWindows.pl is done through the interface located at http://hostedwindows.pl.
2. Payment instructions for the Service are sent by DCS to the e-mail account provided by the User during registration.
3. The Paid Service is activated when DCS receives confirmation of the User’s subscription payment.
4. The Test Service is activated upon successful registration of the account for the trial period.
5. If the Paid Service is not paid within 14 days of registration, the activation order will be deleted.
6. DCS issues a pro forma invoice for the next period and sends it electronically to the User’s e-mail. Exceeding the subscription period without payment results in Service suspension for 14 days. If DCS receives payment confirmation during this period, access to the Service will be unblocked immediately. Otherwise, the Service will be deleted and the Agreement will expire at the end of its term.

§4 Rules for the Provision of Services at HostedWindows.pl

1. DCS will make reasonable efforts to ensure the proper functioning of the HostedWindows.pl Service and to protect data stored on its servers.
2. The User acknowledges that the modern security techniques employed by DCS to protect accounts and data aim to ensure the highest possible level of security. However, when a special level of protection is required, the application must be deployed in a dedicated environment. This applies in particular to the outsourcing of personal data processing, for which we offer separate hosting packages that meet all legal requirements for personal data protection and are based on a separate data-processing agreement.
3. The User may not use the Service for illegal activities, in particular may not place or distribute content prohibited by law or install malicious software in the Service.
4. DCS shall not be liable for:
   1. How Users use hosting accounts or any consequences thereof.
   2. Mail sent and received by Users and any damage suffered by Users due to incorrect recording or reading of messages.
   3. Information and materials downloaded from the Internet stored on Users’ accounts.
   4. Any damage (including lost profits) to the User resulting from improper availability or inability to access their account.
   5. Consequences of third-party possession of the User’s password, regardless of the cause (e.g., password disclosure by the User, password cracking by a third party).
   6. Disclosure of passwords and data to persons authorized under relevant legislation.
   7. Illegal actions of third parties interfering with the User’s computer system, in particular hacking and computer viruses.
5. In the event of technical problems reported by the User in connection with account use, DCS will promptly undertake remedial work. DCS has the right to check the technical aspects of the account’s operation and perform any repairs necessary to resolve the issues.
6. DCS reserves the right to:
   1. Periodically suspend the Service to perform system maintenance and upgrades after prior notice to Users on http://hostedwindows.pl.
   2. Send technical communications related to the Service to Users’ accounts.
   3. Send information about current DCS offers and partner offers to Users’ accounts, provided the User has given the relevant consent in the registration form.
7. DCS will not be liable to the User for any lost profits caused by improper operation of the HostedWindows.pl Service.
8. DCS shall not be liable to the User for any temporary unavailability of the Service.
9. Complaints regarding non-performance or improper performance of the Service should be sent in writing by e-mail to pomoc@hostedwindows.pl or by post to dcs.pl Sp. z o.o., ul. Puławska 303, 02-785 Warsaw. dcs.pl Sp. z o.o. will consider complaints within 14 days of receipt and send a response to the address provided by the complainant.
10. A User who has consumer rights—i.e., registers an account as a natural person not using the Service for business purposes—has the right to withdraw from a distance contract within 14 days without giving reasons and without incurring costs.
    
     

§5 Personal Data and Privacy Policy

1. Personal data means data identifying or enabling identification of a natural person in accordance with Article 4(1) of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.
2. The controller of personal data of Users registered in the HostedWindows.pl Service is DCS.
3. Personal data are processed at the following locations:

1. DCS headquarters, ul. Puławska 303, Warsaw;
2. T-Mobile Data Center, ul. Jana Pawła II 66, Piaseczno;
3. T-Mobile Data Center, ul. Piękna 24, Warsaw.

4. Providing personal data (e-mail address, phone number, company name) is voluntary, but lack of consent to their processing for Service execution makes it impossible for DCS to provide the Service.
5. DCS processes Users’ personal data in accordance with Regulation (EU) 2016/679 of 27 April 2016.
6. DCS processes personal data solely to provide the Service. Processing includes collecting, storing, editing at the request of the data subject, deleting, and disclosure in accordance with §5 sec. 7 of these Regulations.
7. Data are disclosed to DCS employees managing the Service who have written authorization from DCS to process data within the Service.
8. DCS does not transfer collected personal data to other persons or institutions without the explicit consent of the data subject, unless otherwise required by law (e.g., at the request of authorized state bodies for ongoing proceedings).
9. Only aggregate studies and statistical summaries without identifying data may be provided to third parties and institutions.
10. The Service Operator may process personal data for purposes other than Service delivery only if the User gives explicit, voluntary consent that is not a condition for Service delivery.
11. Personal data are processed for the duration of the Agreement; however, DCS reserves the right to process personal data after its expiry or termination if required by law.
12. The User has the right to withdraw consent to personal data processing, restrict processing, or object to processing, which entails the consequences specified in §5 sec. 4 of the Regulations.
13. The User has the right to access and rectify their personal data and to transfer them. The User also has the right to lodge a complaint with the President of the Personal Data Protection Office regarding the processing of their data in the Service.
14. Users who place any personal data on the Account are required to sign a data-processing agreement with DCS, which also involves purchasing a hosting package with personal data protection.
15. Due to the requirements of the Telecommunications Law, the Service Operator logs the IP numbers of Users logged into the Service, device parameters, and event times.
16. Additionally, when using web interfaces, information may be stored on the User’s end device in the form of cookies or similar technologies. These data are recorded solely for Service delivery and are not used to identify Users.

§6 Final Provisions

1. Any information about HostedWindows.pl users’ violations of these Regulations should be sent to pomoc@hostedwindows.pl.
2. DCS reserves the right to amend these Regulations without prior individual notice to Users.
3. Amendments to the Regulations will be made available to Users on the HostedWindows.pl website at http://hostedwindows.pl/pl/regulaminy/regulamin-shared-hosting/. Information about changes will be published 14 days before they come into force.
4. If the User does not accept the amended Regulations, they may at any time cease using the Services by sending a written statement of resignation to dcs.pl Sp. z o.o., ul. Puławska 303, 02-785 Warsaw before the effective date of the amended Regulations.
5. Matters not regulated by these Regulations are governed by the Act on Electronic Service Provision of 18 July 2002 (Dz. U. 2002 No. 144 item 1204), the Act on the Protection of Certain Services Provided Electronically Based on Conditional Access of 5 July 2002 (Dz. U. 2002 No. 126 item 1068), Regulation (EU) 2016/679 of 27 April 2016, and the Civil Code.
6. These Regulations enter into force on 2018-05-25.