General business terms regarding the provision of service consisting of leasing capacity, computing, and program resources of a computer connected to the internet network for the purpose of operating internet applications and domain names via the hosting service Nuclear.Hosting, in effect from 1. 4. 2018.
All2U services s.r.o.
Residing at: Klincova 37/B, 821 08, Bratislava, Slovak republic
Company number: 52500471
(further referred to as “Provider”)
For the purpose of these terms, a Client is any subject who submits an order for hosting services Nuclear.Hosting by the means of www presentation, mail, telephone, in person, or any other means accepted by the Provider or by registering a hosting service.
A Client is also any person who expresses interest in becoming a member of the Nuclear.Hosting community by registering at the Provider’s www presentation.
(further referred to as “Client” and/or “User”)
(further referred to jointly as “Contractual Parties”)
2.1 The purpose of these business terms is to establish the legal relations between the Provider and the Client while providing the hosting service Nuclear.Hosting and associated services which the User is entitled to use as a member of the Nuclear.Hosting Community according to the Provider’s offer. The contractual relationship established according to these business terms is created between the Contractual parties at the moment of approval of a properly submitted order or the moment the Client is registered by the Provider, and it follows the provisions in the Commercial Code and subsequent prescriptions.
2.2 Definition of terms used in these business terms:
2.2.1 Hosting service (and/or “Service” “Webhosting”) – providing the services intended for operating and ensuring the operation of internet applications and services associated with the operation of domain names via the resources of the service Provider. The content and subject of the service is defined by the current offer of the Provider, published on the Provider’s www presentation at http://nuclear.hosting. Typically, “Electronic mail” service is a part of the “Webhosting” service. These services may be provided separately.
2.2.2 The “Electronic mail” service is a service allowing the User to create a specific amount of email addresses, aliases, as well as a domain basket, electronic mail redirecting, and access to electronic mail via web interfaces, protocol POP3, or IMAP.
2.2.3 User – the Client ordering hosting services Nuclear.Hosting, whose hosting service was appropriately established by the Provider according to valid rules of service provision, published at the Provider’s www pages http://nuclear.hosting, or established temporarily for trial purposes.
2.2.4 Server – a computer permanently connected to the internet network, by the means of which the hosting service is provided.
2.2.5 Leasing of capacity, computing, and program resources of the server – shared leasing of hardware and software resources of the server by the Client for the purpose of processing requests of operated applications. The rate of usage capability of the server’s resources by one User at a particular moment is limited by the rate of usage of the server’s resources by other Users.
2.2.6 Internet application operation – the operation of the application (especially web pages) by means of the servers, to the benefit of the User and third parties. While operating applications, Users are enabled to use program resources of the servers provided as a part of the hosting service (PHP, database…).
2.2.7 Domain name and domain name operation – domain name is the title provided by the domain name administrator, intended for identification on the internet (further referred to as “Domain”). The operation of the domain name is a service consisting of administration and maintenance of NS data of the operated domain.
2.2.8 “Other associated services” are, in particular, the following services: Server housing, server leasing or leasing or operation of virtual server, domain redirecting, shell account, administration of services provided to the User, as well as other services which the Provider provides or will provide in the future within the scope of its business.
2.2.9 Unlimited disc space – disc space with the capacity (maximum capacity limit) which corresponds with a typical user standard for a particular type of user, with regard to the Provider’s capabilities and to maintaining the continuity of operations of the Provider’s equipment. Upon request, the Provider may increase the disc capacity without increasing price of service, or with an increase to the price of service, with regard to the Provider’s capabilities and to maintaining the continuity of operation of Provider’s equipment. The Provider reserves the right to deny an increase of disc capacity to a User if it threatens the continuity of operation of the Provider’s equipment.
2.2.10 Unlimited number of e-mail inboxes – the number of e-mail inboxes corresponding with typical user standards for a specific type of User, with regard to the Provider’s capabilities and to maintaining the continuity of operation of the Provider’s equipment. Upon User’s request, the Provider may increase the maximum number of email inboxes without increasing price of service or with an increase to the price of service, with regard to Provider’s capabilities and to maintaining the continuous operation of Provider’s equipment. The Provider reserves the right to deny a repeated request for increase of maximum number of email inboxes should it threaten continuous operation of Provider’s equipment.
2.2.11 Unlimited data transfer – flow of data directed to the domain held or used by the User from the internet network or from the domain held or used by the User directed into the internet network, and the flow data corresponding with the typical User standard for a particular type of User, with regard to Provider’s capabilities and maintaining continuous operations of Provider’s equipment or equipment of subcontractors.
2.2.12 Warez – illegally obtained or offered software or data file which contains work protected by legal prescriptions about protection of intellectual property or industrial property (e.g., books, music, films), illegally obtained or offered access rights to the usage of software or instructions for illegal acquisition of software or other data.
2.2.13 Price of service (services) is a contractual price and it represents the total prices of all specific actions provided within the service. The price of provided service is stated in the pricelist on the provider’s website, http://nuclear.hosting. The provider may, based on their own decision and on previously and published conditions, provide a part of the service or the service in its entirety for free to a User who fulfills stated conditions. The appropriate value added tax rate will be added to the price according to legal prescriptions, valid at the time the service is provided.
2.2.14 “Community” – the association of users of the Provider’s services. Community gathers mostly on the web portal https://community.nuclear.hosting. Community actively communicates with its members, with the provider, ensures technical support by other community members, assists with directing further operations and development of provider’s services.
2.2.15 “Community membership” – Client becomes a member of the community at the moment of registration or moment of submitting an order for the provider’s services and after appropriate approval and activation of registration on the Client’s side. As a condition to membership in the community, the Client must register at the web portal of the Community, https://community.nuclear.hosting, in order to be able to participate in the community’s activities. Other rights and obligations of Clients in the Community are established and listed in the rules of the Community, accessible at the www portal https://community.nuclear.hosting.
2.3 The day of actual establishment of the hosting service is the day the Provider approves the order or registration and the Client pays the agreed-upon price for services, if the service is subject to charges for services or membership. If the service is not subject to payment of price, the service is established after approval of registration by the Provider. The period of temporary service establishment for the purposes of a trial starts, if not otherwise stated, on the day the service is ordered and ends on the day the hosting service is established. The day of extending the service for another service period is the day the service price for another period is paid by the User. The day of taxable charge realization is the day of service establishment or the day of service extension.
2.4 While operating the service, the Provider requires data from the Client which are necessary for service operation and for communication with the Client. The Client gives permission for the processing of personal data for the purpose of ensuring operation of the ordered service, especially for communication with the administrators of domain names. When processing data, the Provider will follow the EU regulation 2016/679, Personal data Protection Act no. 101/2000 Collection (CZ), and Data Protection Bill (UK).
2.5 Hosting service Nuclear.Hosting is provided for the purpose of operating a specific domain name. When ordering the hosting service, the Client always agrees to the rules of registration and operation of a particular domain name type (e.g., .cz – according to CZ NIC, domains .eu according to EURid, etc.).
2.6 Terms and expressions defined or used in these business terms will be used and have the same meaning in all binding legal relationship between the Client and the Provider with regard to services unless stated otherwise in a generally binding legal regulation or explicitly agreed upon by the contractual parties.
2.7 By paying the price for the ordered service the Client confirms that he is familiar with the content of these general business terms.
3.1 The Client orders the hosting service Nuclear.Hosting specifically in order to operate a domain name. A domain name is chosen by the Client. If the Client does not use the hosting service Nuclear.Hosting, he or she is still a full member of the Nuclear.Hosting community and has the right to use “Other related services” based on the Provider’s offer upon registration.
3.2 Creation of service entitles the Client to the use of all standard services (marked on the website http://nuclear.hosting as regular, part of a program, part of membership, etc.), offered by the Provider with the hosting service/type of VIP membership and Basic membership. The Client has the right to order additional services based on the Provider’s offer or based on written or spoken agreement with Provider.
3.3 Client agrees to pay the service price as well as registration fees for his domain to the Provider, who will then make a payment of fees to the appropriate administrator of domain names, if such service is established by the Provider for the benefit of the Client. The Client may, after previously notifying the Provider, use the option of direct payment of fees to the domain name administrator (registration body).
3.4 The Client may use the server’s resources which have been provided to him upon the establishment of service, without limits. The rate of server resource usage by one User is only limited by the Provider when conducting maintenance and system tasks on servers and during excessive server use by the Client in such cases that may cause a disadvantage to other Users of the service. The volume of data transferred between the server and the client’s computer is not limited.
3.5 The User has the server resources at his disposal for the purposes of operating his own internet applications (especially www pages). In order to access the servers, the User uses only the services designated for this purpose by the Provider (FTP, phpMyAdmin, etc.).
3.6 The User is responsible for technical accuracy and security of all applications, scripts, and programs placed on the server, and is also responsible for all means of communication with hosting servers. The responsibility for security is particularly in regard to the possibility of script, program, or application misuse by a third party for the purpose of unauthorized use of server resources (e.g., allowing a third party to run any php code or other codes, any SQL inquiries under an identity assigned to the User, and enabling third parties to send emails from server without stating the origin of the email (web pages/domain from which the mail was sent).
3.7 If the Provider, based on a verbal or written notification, requests from the User the removal of defects in a User-operated application, the User is obligated to remove the technical defect immediately, and no later than 24 hours from being notified. If the User is not able to remove the defects due to objective obstructions within 24 hours, he is obligated to remove the application from the server operation. If he doesn’t do so, the Provider has the right to suspend the User’s services until defects are removed. The User is responsible for any damages caused to third parties by technical defects of an application operated by the User and damages caused to the Provider.
3.8 User may not establish website pages with a content which is in breach of the law or good morals. Also, the User may not publish pages with erotic themes. Pages with such content are not permitted even under the condition of password-protected access. Furthermore, the User may not establish and run web pages which offer content inciting national, religion-based, or ethnic hatred, which spread or incite extremist views or promote fascism, communism, or other similar ideologies. Furthermore, the User may not store data containing warez on the Provider’s servers, as well as data linking to servers focused on warez or other similar focus, download servers, chat servers, or servers focused on spreading spam. Violating this section gives the Provider the right to suspend or cancel all services provided to the User.
3.9 The User may not use the services in such a way that would lead to violation of the Provider’s rights, rights of third parties, or which could cause disadvantages to other Users during shared use of server resources. The User may not use the provided resources in such a way that would give him an unauthorized advantage over other Users, or in a way which could lead to a violation or damages to server operation. An attempt to disrupt the continuity of service operation and security are especially considered to be a major violation of User responsibilities.
3.10 The client is required to submit his contact details when ordering the service, with the purpose of invoicing, registration, and operation of domain name, as well as communications with the Provider. The User is required to keep these contact details updated for the purposes of communication with the Provider.
3.11 User is obligated to protect provided access names and passwords to established services and program resources of the server from misuse by third parties. The actions of third parties who were (intentionally or unintentionally) enabled by the User to use the Provider’s services (e.g., web administrators, employees, partners, suppliers, etc.) are, in regard to rules and responsibilities of the User stated in these business terms, considered to be the actions of the User himself.
3.12 The User is required to promptly inform the service provider about a discovered technical or security defect in the service operation by sending an email to the address firstname.lastname@example.org.
3.13 The User is responsible for all intentional or unintentional damage caused while using this service. The Provider reserves the right to request damage compensation from the User, as well as lost earnings. The damage compensation in particular includes time spent by the Provider on removal of the defective state caused by unauthorized or improper handling of server resources by the User, damages caused to server operation, damages caused to third parties and in particular to other Users, damages caused by an interruption of server operation, etc. The lost earnings compensation is defined as, primarily, compensation for lost earnings in the amount of 800 CZK excluding VAT or an equivalent amount in EUR or GDP currencies, calculated with the effective Czech National Bank exchange rate for each started hour of Provider’s work while removing the defective state, as well as compensation for average earnings which the Provider would gain during the interruption to the continuous service operation, compensation for lost earnings caused by damages to good reputation of the Provider and loss of Users, expressed as the price of service ordered by the User, etc.
3.14 User may not operate such servers on the Provider’s servers which would overload database systems, contain an excessive amount of music or movie files (mp3, mpeg, avi), excessively strain the line, links, information, and data related to gambling services without an appropriate license according to legal prescriptions valid on the EU territory, including providing illegal gambling offers, promotions or operation of gambling games available on the EU territory without a license according to specific laws.
3.15 User may not use the data space and transfer capacities for the purposes of storing, archiving, or backup of other data which is not related to the website of the User, or as a space for data transfers between Users.
4.1 Provider is obligated to ensure continuous operation of the contracted Hosting service. An exception to this obligation occurs in situations which are outside of the Provider’s control and cannot be prevented (e.g., acts of God, disasters, public telecommunications network outages, etc.), or actions necessary to ensure the running of Provider’s services (e.g. hardware maintenance, software updates, etc.).
4.2 Provider is required to conduct continuous monitoring of server traffic and ensure continuous server administration in order to secure optimal service operation.
4.3 Provider is required to protect the service from service interruption by third parties or from misuse from the side of the User, depending on the type of provided program resources. If such a situation occurs in which the security and range of provided services are in conflict, service security takes precedence.
4.4 Registration of domain name is carried out by the Provider upon accepting payment for domain name based on the terms and the valid pricelist published on the Provider’s web pages http://nuclear.hosting. The Provider will register the domain and pay the registration fee to the domain registration body within 3 days of accepting the payment from the User.
4.5 When registering a new domain, the Provider is not responsible for the completion of a faster registration of an ordered domain by a third party, if it is carried out during a time period necessary for regular tasks related to order processing, especially time necessary for crediting the payment for hosting services to the Provider’s account, communication tasks within the domain registration environment, or execution of non-standard requirements specifically stated by the User.
4.6 When registering a domain name, the Provider uses the information provided by the User when ordering hosting services. The Provider is not responsible for possible mistakes caused by erroneous data entered by the User.
4.7 Provider is required to notify the User in a timely manner about the approaching end of the time period for which he had prepaid his services or domain name. This shall be done in the form of an electronic mail message sent to the contact email provided by the User. The provider is not responsible for any damages caused by the expiration of a domain name if the User sent payment for domain name directly to the registering body, without the Provider’s agency.
4.8 The Provider has the right to cancel the services provided to the User if the User has is more than 14 days late with payment for services. If service is cancelled for the reason of User failing to pay fees for provided services, the Provider is not responsible for any damages caused by loss of data on the User’s side and loss of access to operated applications.
4.9 Provider does not carry any responsibility for a User’s breach of property rights to trademarks and breach of law by using a domain name, e-mail address, or other labels used by the User if they represent business names and trademarks of third parties.
4.10 If the Provider interrupts continuous service operations due to circumstances outside of Provider’s control (e.g. electricity blackout, disaster, internet outage at a connection point, etc.) or interrupts service operations due to system interventions into server operations by the Provider, it does not constitute a breach of Provider’s responsibility to ensure continuous service operation. Provider is required to inform about planned intervention on the website http://nuclear.hosting or https://community.nuclear.hosting.
4.11 Provider has the right to unilaterally exclude the User from operations and thus suspend services provided to the User if the User’s application causes or may cause damages to other Users or the Provider, and furthermore in cases when a breach of responsibilities included in sections 3.6 – 3.9 and 3.11 occurs on the User’s side. The Provider may, in these cases, exclude the User from operations even without prior notification.
4.12 Provider has the right to demand a manipulation fee from the User for a cancellation of a processed order, in the amount of 500 CZK excluding VAT or an equivalent amount in EUR or GBP as calculated with the effective exchange rate provided by the Czech National Bank.
4.13 Provider has the right to unilaterally change service functions. If service functions change, the provider will publish a description of the changes on the website http://nuclear.hosting.
4.14 Provider is only responsible for actual damages caused by neglecting his responsibilities defined in these business terms, in the maximum amount of the equivalent of the monthly price of services negotiated for a typical period of time. Unless the contractual parties arrive to a different arrangement, the Provider will give the User a reimbursement for damages caused in the form of free services for the amount of time which corresponds with the appropriate amount of damages.
4.15 The Provider has the right to not provide services or to pause an already provided service even without reimbursement in cases when the User intentionally or unintentionally submits incorrect contact or identification details according to section 3.10. The duty to prove the correctness of his data lies with the User.
4.16 The Provider has the right to temporarily limit the size of the user’s reserved disc space, the User’s transfer speeds, or any other activities of the User on the Provider’s equipment to a specific limit if a threat exists or if significant reductions occurred in the continuity or functionality of the Provider’s equipment, his subcontractors’ equipment, or other User’s activity by that time.
5.1 The price of services / membership is determined in the Provider’s offer of services published on the web site http://nuclear.hosting, valid on the day the order is created by the Client.
5.2 If the Provider offers services for an advantageous price when certain conditions are met, the Client has the right to obtain services for the advantageous price if he meets all the conditions. If the Provider creates an order or registration with the promise of fulfilling all conditions necessary for obtaining the advantageous prices or by ordering in a so-called “action”, and subsequently fails to meet all the conditions necessary for obtaining the advantageous price, the Client will pay the regular price based on the valid pricelist on the day the Order was submitted.
5.3 The Client is obligated to pay for the service when prompted to do so by electronic mail sent by the Provider to the e-mail address specified by the Client when placing the order for services. The payment is made to the bank account of the Provider. The day of payment is defined as the day the payment is credited to the Provider’s account.
5.4 The Client pays the service price in advance, according to chosen time period: either annually, bi-annually, or quarterly. The Provider notifies the Client about the last day of pre-paid service period with sufficient advance notice, by prompting the Client to make a payment for the next period’s services.
5.5 The Provider will issue a tax receipt once the payment for services has been received for establishment or extension of services.
5.6 If payment is not made, the Provider has the right, based on section 5.4, to interrupt service operation even without prior notice, until owed fees are paid in full.
5.7 The Client is obligated to cover bank fees in full in case of foreign payments.
5.8 The Provider has the right to charge the Client the contractual interest for late payment for services in the amount of 0.1 % for each started day the payment is late.
6.1 If the User believes that the range, quality, or the price of the provided services is not in accordance with the business terms and therefore the services are defective, he has the right to make appropriate claims to the Provider. Claims must be made in writing, by sending an e-mail to the address email@example.com or on the web portal https://community.nuclear.hosting, without unnecessary delays after the defects are discovered.
6.2 When making claims of defective services, the Client is responsible for providing an appropriate reason for his claims and for sufficiently proving that the claims are legitimate. At the same time, the Client is obligated to present a proof of provided service to the Provider – a copy of an order, an invoice, etc.
6.3 The Provider will process the complaint in a time limit set by the law.
6.4 In all other cases, the claims regarding responsibility for defective services and processing the claim follows, in particular, the Civil Code, the Commercial Code and legal prescriptions regarding customer protection.
7.1 Service operation is arranged for a particular length of time specified in the terms of service published on website of Provider at http://nuclear.hosting and based on the time period chosen by the User. The service is automatically extended if the User does not deliver a written request for service termination to the Provider within 14 days from the date on which the time period of prepaid services has been completed. The minimum length of ordered services is stated in the Provider’s pricelist and on website http://nuclear.hosting.
7.2 Service operation may be terminated without stating a reason. The termination must be requested in writing and must be delivered to the other party within 14 days before the day the termination comes into effect. If either contractual party commits a serious breach of responsibilities, termination may be effective immediately.
7.3 If the domain name undergoes a change in a way that makes it impossible to operate it according to original contract (particularly in the case of changes in the DNS records, domain’s technical contact, etc.), the Provider is not obligated to continue operating the agreed-upon services. This occurrence is considered a termination of service operation on the User’s side without stating a reason.
7.4 If the operation of services is terminated on the Provider’s side, the User is entitled to a reimbursement of a proportionate price of service, paid for the unused period of time. The User is not entitled to a reimbursement of a proportionate price of service for unused period of time if the service was terminated due to a serious breach of responsibilities on the User’s side, as stated in article 3 of these business terms.
7.5 If the operation of services is terminated on the User’s side, the User is not entitled to a reimbursement of proportional price of service for unused period of time. The User is entitled to a reimbursement of a proportional service price for unused period of time if the Provider does not fulfill his responsibilities.
7.6 The proportionate reimbursement for the price of service does not apply to domains, certificates, and other services where the minimum time period of use is set as 1 year or longer in the conditions set by domain registration bodies, certificate-issuing authorities, etc., who provide these services.
7.7 User and Provider have explicitly agreed that the Provider is entitled to completely destroy user data of the User after a proper or premature termination of services.
7.8 Transfer of services provided to the User to a new User is not possible. In order for such transfer to occur, current services have to be terminated (including deletion of data, deleting the domain from the Provider’s system, etc.) and new services will have to created again under a new User.
7.9 An effective delivery of termination or withdrawal from contract also occurs when the party to which the document is addressed refuses to accept it, as well as an unsuccessful delivery of the document at the address listed in the header of the Contract or given to the other contractual party by means stated in these general business terms, or failure to collect the document at the post office within the set time period for pick up. An e-mail message is considered to be delivered even when the other contractual party receives a confirmation of e-mail delivery to their computer (“Return receipt – displayed”) or when the period of 7 days has passed since the delivery of confirmation message to the e-mail inbox of the other party (“Return receipt – delivered”). In case of uncertainty about delivery via e-mail, proper delivery is considered as the sending of the document to the last known e-mail address of the other party, as listed in the Contract (Order) or in the identification data entered by the User into the administrative interface of the Service.
8.1 User who is a natural person confirms by signing the Contract or by submitting an Order or registration that the personal data entered by him and which include name, surname, address of residence, e-mail address, and phone number, and in the case of the domain registration service also the date of birth and number of identification document, are correct and truthful and gives his permission to the collection, storage, and processing of personal data by the Provider and their use for invoicing purposes, domain registration, and other activities related to the ordered and provided Service, including further communications with the User (complaints, withdrawal from contract, etc.), as well as for marketing needs of the Provider, for the purpose of offering services, sending information about products including by electronic means (e-mail, SMS messages, telemarketing). The User bears full responsibility for damages caused by incorrectness or provided personal data or failure to update them.
8.2 User gives Provider the permission in regard to section 8.1 voluntarily, until such permission is revoked. The User is entitled to withdraw the permission at anytime in writing. The withdrawal of permission is effective from the day of its delivery to the Provider.
8.3 The Provider is obligated to not use or provide personal data outside of the range necessary for operation of services and ensuring their function. Personal data are not provided to any third persons with the exception of products which explicitly state otherwise.
8.4 All personal data is protected in the sense of valid legal prescriptions, especially the Personal Data Protection Act and EU directive 2016/679.
8.5 Provider is not permitted to interfere with the content of User’s internet presentations, or permitted to monitor or delay User’s electronic mail, with the exception of carrying out link backup activities for the User, as based on his Order/Registration.
8.6 The Provider is obligated to carry out all steps in order to ensure the highest security for personal data of the User, as well as to prevent loss, damages, or destruction of all data, database, and mail files of the User.
9.1 These general business terms have higher legal standing over other agreements between User and Provider about services provided, unless a legal relationship is established in different contract which explicitly states that the said relationship is not subject to these general business terms. In a potential dispute, these general business terms will have priority during resolution of dispute, and only such actualities which are not addressed in these business terms will follow other agreements between Provider and User.
9.2 Contractual parties are mutually bound to not provide to third parties, except in potential reference documents, any information about this contractual relationship or its participants, which have been made accessible in relation to the fulfillment of this contract, with the exception of section 2, par. 2.4. Contractual parties have an obligation to maintain business secrets unless the other party gives written permission to provide information.
9.3 Provider reserves the right to unilaterally alter these business terms. The provider will carry out such alterations to business terms by publishing the new version of these terms on the website http://nuclear.hosting.
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