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Terms and Conditions - VPS Hosting

§1 Type and scope of VPS server provisioning services

  1. The service is provided by dcs.pl Sp. z o.o., headquartered at ul. Puławska 303, 02-785 Warsaw, hereinafter referred to as DCS.
  2. The HostedWindows.pl VPS Hosting service, hereinafter referred to as the Service, includes:
    1. Providing the User with a system running Microsoft Windows Server (in the version described at http://hostedwindows.pl) in a virtual-machine environment, for which backups are performed automatically once per day.
    2. Providing the User with one (1) IP address.
  3. The detailed parameters, options, type and characteristics of the HostedWindows.pl VPS Hosting service, together with the ordering procedure and prices, are available at http://hostedwindows.pl. They constitute the basis for submitting a detailed order.

§2 Conclusion and termination of the VPS server provisioning agreement

  1. The agreement under which VPS server provisioning services are rendered in HostedWindows.pl VPS Hosting (Agreement) is concluded either by correctly completing and confirming the registration form by the User or by paying the invoice for the service.
  2. By confirming the completed registration form the User declares that:
    1. They undertake to comply with the Service Terms and Conditions.
    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 under the conditions specified in the HostedWindows.pl VPS Hosting offer available at http://hostedwindows.pl.
  3. A User who concluded the Agreement by paying the invoice declares that they accept these Terms and Conditions and undertake to comply with them.
  4. Each User has the right to access their data, as well as to modify or request deletion thereof. To do so, a written request should be sent to dcs.pl Sp. z o.o., ul. Puławska 303, 02-785 Warsaw. Submission of a request for DCS to delete the data provided in the registration form makes further provision of HostedWindows.pl VPS Hosting services technically impossible and therefore the account is deleted at the User’s request.
  5. Immediate termination of the Agreement for VPS server provisioning services by DCS occurs as a result of:
    1. A written statement of resignation sent by the User to the correspondence address dcs.pl Sp. z o.o., ul. Puławska 303, 02-785 Warsaw.
    2. The User’s request to DCS to cease processing personal data.
    3. A unilateral decision of DCS if:
      1. The User uses the account in a manner contrary to these Terms and Conditions.
      2. The User has not paid the subscription fee for the selected Service within the time and on the terms specified in §4.
      3. Content contrary to applicable Polish law, accepted social norms or customs is placed on the server.
      4. The account is used contrary to its intended purpose, in particular in cases of violating netiquette, acting to the detriment of other Users (e.g., distributing advertising content or unsolicited email known as Spam as defined at http://www.nospam-pl.net/standard.php).
      5. The User acts to the detriment of DCS.
  1. If the User undertakes actions that are not contrary to these Terms and Conditions but are deemed undesirable by DCS, DCS will notify the User by e-mail demanding immediate cessation. If the User does not comply without delay, DCS will consider such actions a breach of these Terms and Conditions.
  2. Termination of the Agreement referred to in §2 item 1 for reasons attributable to the User does not entitle the User to a refund of subscription fees already paid.
  3. The User may cancel the Service at any time without stating reasons; however, DCS will maintain accounts until the end of the paid billing period unless the User requests their deletion. Early deletion of accounts at the User’s request does not entitle the User to a refund of subscription fees.

§3 Quality warranty

  1. DCS will exercise all reasonable efforts to ensure correct operation of the HostedWindows.pl VPS Hosting service and to protect the data stored on HostedWindows.pl VPS Hosting servers.
  2. DCS guarantees availability of the HostedWindows.pl VPS Hosting service at a level of 99.5% twenty-four hours a day, seven days a week.
  3. If monthly availability of the service is lower than 99.5%, the User may request DCS to proportionally reduce the subscription fee for the next billing period.
  4. Except for the proportional adjustment of the subscription fee in accordance with item 3 of this paragraph, DCS bears no liability to the User for temporary unavailability of the Service.

§4 Settlements and payments

  1. A HostedWindows.pl VPS Hosting User may try the Service for seven calendar days from the moment the server is made available. This period is called the “Test Period”.
  2. Upon receipt of the ordered server parameters (by e-mail to pomoc@hostedwindows.pl) the User receives a pro forma VAT invoice to their mailbox and the server provisioning process begins. If the User decides to pay the invoice, the “Test Period” is counted toward the paid period of Service provision.
  3. The User pays the subscription fee cyclically, in advance, on the basis of a pro forma VAT invoice, according to the agreed billing period. The shortest billing cycle is three months. If the due subscription fee is not paid by the payment date indicated on the pro forma VAT invoice, DCS has the right to block all servers of that User, and if the delay continues for a further seven calendar days, to delete them together with their contents.

§5 Rules for the provision of services in HostedWindows.pl VPS Hosting

  1. The User acknowledges that the modern techniques used by DCS to secure accounts and correspondence serve to ensure the highest possible level of security; however, for technical reasons they cannot fully guarantee the confidentiality of stored and transmitted information.
  2. If personal data are processed within the HostedWindows.pl VPS Hosting service, the User is obliged to conclude with DCS the data-processing agreement required by law.
  3. DCS will not make Users’ personal data available to third parties, except in cases provided for by law.
  4. DCS shall not be liable for:
    1. The manner in which Users utilize VPS servers, nor for any consequences thereof.
    2. Information and materials downloaded from the Internet that are stored on Users’ servers.
    3. Any damages or lost profits of the User resulting from incorrect provisioning or the inability to provision their account.
    4. Consequences of third parties obtaining the User’s password, regardless of the cause (e.g., disclosure by the User, password cracking).
    5. Disclosure of the password and data to persons authorized under applicable law.
    6. Unlawful actions of third parties consisting in interference with the User’s computer system, in particular hacking and computer viruses.
  5. If the User reports technical problems related to account usage, DCS will immediately undertake remedial work. DCS has the right to verify the technical aspects of account operation and perform all repair actions necessary to resolve the issues.
  6. The User is not entitled to install or use within the VPS Hosting service any Microsoft software other than that provided by DCS, even if the User holds valid licenses for such software. If the User wishes to install additional Microsoft software, they must contact DCS to obtain approval from both DCS and Microsoft for such installation.
  7. If any software is installed within the VPS Hosting service, the User assumes full responsibility for the consequences of this action, in particular for its legality, and shall indemnify DCS against any claims by third parties in this regard.
  8. DCS reserves the right to:
    1. Temporarily suspend the Service in order to carry out system maintenance and upgrade work after prior notification of Users on the website http://www.hostedwindows.pl. The period during which such work is performed shall not be counted as downtime referred to in §3.
    2. Send technical communications related to the Service to Users’ accounts.
    3. Send information about current offers of DCS and DCS partners to Users’ accounts if the User has given the relevant consent in the registration form.

§6 Final provisions

  1. All information regarding violations of these Terms and Conditions by HostedWindows.pl VPS Hosting Users should be sent to pomoc@hostedwindows.pl.
  2. DCS reserves the right to amend these Terms and Conditions without prior individual notice to Users.
  3. Amendments to the Terms and Conditions will be made available to Users on the HostedWindows.pl VPS Hosting website at http://hostedwindows.pl/pl/regulaminy/regulamin-vps-hosting/. Information about changes to the Terms and Conditions will be published 14 days in advance before they enter into force.
  4. If a User does not accept the changes to the Terms and Conditions, they may at any time cease using the VPS server provisioning services by submitting, before the effective date of the amended Terms and Conditions, a written statement of resignation to the correspondence address dcs.pl Sp. z o.o., ul. Puławska 303, 02-785 Warsaw.
  5. In matters not regulated by these Terms and Conditions, the provisions of the Act on the Provision of Electronic Services of 18 July 2002 (Journal of Laws 2002, No. 144, item 1204), the Act on the Protection of Certain Electronically Supplied Services Based on Conditional Access of 5 July 2002 (Journal of Laws 2002, No. 126, item 1068), Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, and the Civil Code shall apply.
  6. These Terms and Conditions enter into force on 2018-05-25.

 

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