Terms and Conditions of MyDreams.cz Hosting
I. Basic Terms
- The Provider is the company MyDreams innovations s.r.o. with its registered office at Srázná 229, Hýskov, 26706, Czech Republic, Business ID (IČ): 02543524, Tax ID (DIČ): CZ02543524, VAT payer. The company is registered in the Commercial Register kept by the Municipal Court in Prague, Section C, File 220668. The Provider operates the hosting services of MyDreams.cz, Hostzona.cz, EUhosting.cz, GeekHosting.cz, xxxhosting.cz, ZLO.ST, usdwebhosting.com, wishosting.cz, bitcoinwebhosting.cz, bitcoinVPS.cz, and mydreams.hosting, effective from 01.03.2004.
The User refers to any legal entity or capable individual with legal capacity, who, by respecting these General Terms and Conditions, enters into a contract with the Provider for the provision of data telecommunications services.
The operation of the server means providing data telecommunications services, including the technical management of second-level domain and user hosting on the technical resources of the Provider, which are operated within the territory of the European Union.
II. Operational Conditions, Rights, and Obligations of the Provider, Rights, and Obligations of the User
- The Provider shall ensure, based on the concluded contract, uninterrupted operation of servers on which the user's service will be hosted.
- The Provider shall ensure, based on the concluded contract, continuous monitoring of its technical resources, including their servicing and appropriate technical support and hotline according to the type of provided service. For domain name administrators, the Provider shall arrange domain name registration and operation within the second-level domain for the user.
- In order to provide services according to the Data Telecommunications Services Provision Agreement, the user undertakes to cooperate with the Provider, especially during installation, adjustment, maintenance, supplementation, repair, modification, measurement, revision, disassembly, and similar technical activities concerning the Provider's equipment throughout the duration of the contract.
- The user acknowledges that carrying out the activities described in paragraph 2 of this article may result in a temporary outage of services provided under the Agreement.
- The user acknowledges that the services are provided solely for their use and shall not allow third parties to utilize these services without the written consent of the Provider. The user is liable for any damage caused to the Provider as a result of any unauthorized use of the provided services.
- The user is prohibited from engaging in 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, engages in:
- offer or distribute content that is contrary to the legal regulations of the Czech Republic and valid international treaties to which the Czech Republic is bound
- promote the suppression of constitutionally guaranteed fundamental rights and civil liberties among groups, individuals, or nations
- offer or distribute illegal pornographic material
- operate servers that offer illegally obtained software for further sale and provision of this illegal software to third parties
- operate servers focusing on spam
- operate servers that burden database systems (e.g., using inappropriate databases, improper data indexing, etc.)
- place racist information on the Internet; information that could damage the reputation of the provider, or any other material whose content is contrary to the legal regulations of the Czech Republic or international treaties to which the Czech Republic is bound
- operate servers for users who harm the reputation of the provider or its employees
- violate copyrights and other rights of third parties, including intellectual property
- operate servers whose content goes against good morals
- use and distribute tools that could endanger the security of the Internet network
- operate servers with long-term resource-intensive processes
- operate any servers that can be partially classified under the aforementioned categories, with the possible classification of user content falling into any of the above-mentioned categories fully at the provider's discretion.
- In the event that a user engages in actions listed in the previous paragraph (without prior written consent from the provider), they are liable for any damage incurred by the provider in connection with such a breach of contractual obligations.
- The user has chosen the company Subreg.cz as the domain name administrator for the "top-level" domain, which is authorized to perform registrations of second-level domains (hereinafter referred to as the registrar).
- The user has leased the second-level domain name from the registrar for use. For this domain name lease, the user pays a fee to the provider, who, in turn, pays the chosen registrar.
- All disposal rights to the leased and paid domain name belong to the user, who is entitled to deal with the domain name according to the terms and conditions of the respective second-level domain registrar.
- The user is aware that the prices of domains may be arbitrarily increased or decreased depending on the exchange rate of EUR and USD to the Czech Crown.
IV. Defects, Downtime, Complaints, and Malfunctions
- Regarding the provided services, there may be temporary restrictions, interruptions, or a decrease in their quality. In such cases, the provider is not liable for any damages incurred by the user or third parties due to server malfunctions, data loss, damage, or data leaks. Similarly, the provider is not liable in cases mentioned in paragraphs 2, 5, and 8 of this article.
- The provider has the right, for any of the machines used for any service, to plan a downtime of up to 60 minutes for necessary security software upgrades, maintenance, or hardware replacement. The provider is obliged to announce this planned downtime on their website at least 24 hours before its commencement.
- The provider will attempt to conduct the downtime during periods of lower usage, such as weekends, holidays, and nighttime hours. The provider will perform the downtime for the necessary duration as required in paragraph 2 of this article.
- The provider is not liable for obstacles that arise independently of their will and prevent them from fulfilling their obligations. The effects of liability exclusion are limited only for the duration of the obstacle related to such effects. The provider is not liable to the user or third parties for damages, including claims for lost profits, resulting from interruptions in service delivery caused by force majeure, misuse of the provided services by third parties, or their illegal interventions.
- The user is obligated to raise complaints about downtimes and malfunctions with the provider in writing within a period of no later than three calendar days from the conclusion or resolution of the downtime.
- The user is not entitled to a discount on the price for the provided services in connection with a downtime of the housing center network where the provider's technical resources are located.
- A complaint does not have a delaying effect, and the user is obligated to pay the invoiced prices for the services in full by their due date.
- The provider will not grant a discount on the price of the provided services if the user does not duly and promptly pay for the provided services. If the provider grants the user a discount on the price of services as part of a complaint procedure, and the user fails to duly and promptly pay for the services, the provider has the right to set off all of their financial claims against the user based on the granted discount on the price of services.
- The user is liable for any damage caused to the provider, or third parties, particularly by running inappropriate and resource-intensive scripts on the provider's server, which may decrease the response time of the provider's machines or prevent third parties from accessing them.
- The user is liable for any damage caused to the provider, or third parties, by sending unsolicited mail from the server. The resulting damage mainly includes the placement of the server's IP address on blacklists and financial penalties from anti-spam authorities and the Office for Personal Data Protection.
- The user acknowledges that, in addition to any granted discounts on the price of the provided services, the provider is not liable for damages resulting from the non-provision or faulty provision of services.
- The user is obliged to create local copies of their data located on the provider's servers.
V. Orders, Contracts, Payment Conditions
- The user orders the intended services from the provider by concluding a Contract for the Provision of Data Telecommunications Services. In this Contract, the parties agree on the subject and scope of services, payment, and other conditions.
- Payment is due to the provider for the provided services. The method of billing for individual services provided to the user is determined by the type of service. The user commits to respecting the payment conditions specified in the Contract. In this Contract, the parties agree on the price of the provided services based on the billing period, potential discounts or surcharges, payment methods, billing cycle length, etc.
- For paid services, the provider will invoice in advance unless the parties agree otherwise. On the day of receiving the payment, the provider will activate the service for the user and send the user a tax document - the final invoice, along with a configuration protocol, to the user's email.
- The user is not entitled to a refund of a proportionate part of the paid price for services not provided in the event of early termination of the Contract by the user without stating a significant reason, such as unjustified non-compliance with the contractual conditions by the provider.
- According to the law on record-keeping of sales, the seller is obligated to issue a receipt to the buyer. Additionally, the seller is required to register the received revenue with the tax administrator online, or within 48 hours in case of technical outage.
- The customer agrees to receive an electronic receipt for payment according to the law on record-keeping of sales.
- The provider reserves the right not to conclude a Contract with the user before commencing service provision if the provider finds any doubts regarding the user.
VI. Duration and Termination of Contracts for the Provision of Data Telecommunications Services
- The contract can be concluded for a fixed term, for a period of up to one year.
- Termination of the Contract is to be sent in writing (in electronic form) to the provider's email address. The provider will confirm the receipt of the termination to the user via email. The written termination can also be sent by registered mail to the provider's registered office. In case of uncertainty about the date of delivery, it is considered that the written termination was delivered to the provider no later than the seventh day after it was sent.
- If the user does not change the hosting provider during the notice period (including changing DNS records and technical administrator), the user is obligated to pay the invoice issued by the provider for the next billing period according to the services utilized up to that point.
- The provider has the right to terminate the Contract immediately if the user violates the contractual or general terms and conditions, fails to pay for the services received, or is more than 14 days overdue with the fulfillment of financial obligations to the provider.
- Termination of the contract by the provider proceeds as follows:
- The first day of being overdue with financial obligations - Suspension of services.
- 10 days of being overdue with financial obligations - Termination of services and deletion of all data without the possibility of recovery.
- In case of a breach of the contractual conditions by the provider, the user has the right to terminate the concluded contract with immediate effect.
- The provider sends the termination to the user via email to the email address provided in the Contract.
VII. User Registration
- All data provided during registration, in further forms, and Contracts must be accurate. In case of any changes to this data, the user is obliged to make the necessary corrections or request the provider to do so. Data can be modified online directly through the provider's web interface.
- The registered user is fully responsible for all orders, requests, and activities made through the administration on MyDreams.cz.
- The registered user is fully responsible for any actions taken on their account due to the disclosure of their login credentials to another person, which is not caused by the provider.
- The registered user agrees that the provider will send them information about the company's offers via email.
- The registered user agrees that information about the user (excluding personal data protected by Act No. 101/2000 Coll.) will be used for marketing purposes by the provider.
VIII. Personal Data Protection
- Customer information is stored in accordance with the applicable laws of the Czech Republic, especially the Act on Personal Data Protection No. 101/2000 Coll., as amended.
- All data obtained from customers are used exclusively for the internal needs of the company and are not provided to third parties. An exception to this is transportation or payment processing companies, to which customer's personal data is disclosed to the minimum extent necessary for smooth order processing. Without explicit customer consent, we handle personal data only within the scope permitted by the Act on Personal Data Protection, particularly in § 5 para. 2 letter b) and § 5 para. 6.
- By creating and paying for an order, the user gives consent to the processing of personal data and receiving commercial communications.
- This consent is given in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation, GDPR), Act No. 101/2000 Coll., on personal data protection (Personal Data Protection Act, ZOOÚ), and Act No. 480/2004 Coll., on certain services of the information society and on the amendment of certain laws.
- The user hereby grants, until revocation of this consent, the company MyDreams innovations s.r.o., with its registered office at Srázná 229, Hýskov, 26706, Identification Number: 02543524, Tax Identification Number: CZ02543524, payer of VAT, entered in the Commercial Register kept by the Municipal Court in Prague, Section C, Insert 220668 (hereinafter referred to as the "Provider"), as the administrator of personal data, consent to process (including automated processing, especially through collection, monitoring, profiling, evaluation, and storage) personal data. This is done to determine the user's relevant needs and to offer and provide suitable commercial offers and beneficial customer programs from the Provider, both in printed form and by electronic means. The personal data processed based on this consent include name, surname, title, permanent residence/place of business, date of birth, personal identification number, bank account number, data from submitted documents, payment and payment morality data, SIPO payment data, phone and email contact, information identifying the device or the person connected to the use of the device (e.g., IP addresses or cookie identifiers), and information about purchasing preferences.
- The user grants this consent voluntarily and is aware that it can be revoked at any time in the same way it was given.
- The user also acknowledges that the failure to grant or revocation of this consent may result in the inability to offer certain services tailored to their needs.
- The user is aware that even without granting this consent, the Provider retains the right to send commercial offers and communications about its own products and services during the term of the contract, until the user explicitly objects to it.
- In accordance with Act No. 101/2000 Coll., on the Protection of Personal Data and on Amendments to Certain Laws, as amended (hereinafter referred to as "Personal Data Protection Act" or "ZOOÚ"), and effective from May 25, 2018, in accordance with the General Data Protection Regulation (EU) 2016/679 (hereinafter referred to as "GDPR"), the Operator is authorized to process your personal data to the extent of:
- Name, surname, title, personal identification number, and, if applicable, date of birth, place of birth, gender
- Permanent residence or other residence and citizenship, phone number, email delivery address
- Copies of identification documents proving the user's identity
- In the case of a self-employed natural person: trade name, distinguishing addendum or other designation, place of business, and identification number of the person
- Bank account number including the account holder's name
- Information about executed and canceled payment transactions
- All communication made
- Information obtained from questionnaires or similar forms for which you may be asked to fill in
- IP address and logs
- Information about visits to our websites, including operational data, localization data, weblogs, etc., as well as data about your behavior in the internet environment
- The data controller is authorized to provide this data to relevant state authorities upon request.
- If there is a likely case of a breach of personal data security that may result in a high risk to the rights and freedoms of the data subject, the data controller will inform you of this breach without undue delay.
- If a data subject requests information about the processing of their personal data, the Operator - data controller according to § 12 of the Personal Data Protection Act is obliged to provide this information without undue delay. The content of the information always includes a statement about the purpose of the processing of personal data, personal data, or categories of personal data subject to processing, including all available information about their source; the nature of automated processing in connection with its use for decision-making if actions or decisions affecting the rights and legitimate interests of the data subject are made based on such processing; recipients or categories of recipients. The data controller has the right to request a reasonable fee for providing information, not exceeding the costs necessary to provide the information. The obligation of the data controller to provide the information to the data subject pursuant to § 12 of the Personal Data Protection Act may be fulfilled by the processor on behalf of the data controller.
- The user has the right to request from the data controller access to personal data concerning them (including confirmation of whether personal data concerning them is or is not being processed), the right to request their rectification or erasure, or restriction of processing, and the right to object to processing, as well as the right to data portability.
- The physical data location is within the territory of the European Union, and the user complies with the GDPR requirements regarding data placement.
IX. Special Provisions
VPS Servers - User Rights and Obligations
- The user must enable the ping (ICMP reply) function on their VPS server to ensure monitoring of the VPS server. In the case of renting a dedicated server, the user must also provide access to system resources via the SNMP protocol.
- Long-term resource-intensive processes, especially cryptocurrency mining and hi-performance computing, are not allowed on VPS servers.
Servers and Applications for Mass Email Distribution - User Rights and Obligations
- The user is prohibited from conducting mass email distribution on the Provider's servers.
- An exception for mass email distribution is allowed on KVM virtualization servers and designated products and services for this purpose.
- Any complaints regarding mass email distribution from the user's server will be forwarded to the user by the Provider for immediate resolution and rectification of the situation.
- If the user does not resolve the complaint regarding mass email distribution from the user's server within 6 hours after being alerted by the Provider, the Provider will suspend the operation of the user's server without further notice.
- The user is liable for any damages caused to the provider due to any unauthorized use of the provided services as per section 2.5.
- The operator may automatically delete data in the trash on the operated mail servers.
X. Non-Disclosure Addendum
- In light of the fact that the Provider considers these negotiations to be confidential,
- within the scope of these negotiations where the Provider wishes to keep information confidential,
- the parties have agreed to these business terms.
- The Operator and the User have agreed that the following provisions and conditions shall apply in the event that one of the Contracting Parties (hereinafter referred to as the "Provider of Confidential Information") provides confidential information to the other Contracting Party (hereinafter referred to as the "Recipient of Confidential Information").
- All confidential information exclusively owned by the Provider of Confidential Information and provided to the Recipient of Confidential Information shall remain the exclusive property of the Provider of Confidential Information. The Recipient of Confidential Information must maintain and protect its confidential nature with the same effort it applies to protect its own confidential information, at least to the extent customary in view of all circumstances.
- Except to the extent required for the purpose of this agreement, the Recipient of Confidential Information agrees not to reproduce, disclose, or provide any confidential information to third parties or to its employees or representatives who do not need to know such information for the purposes of this agreement and the cooperation of the Contracting Parties.
- All immaterial and material forms of confidential information (e.g., information from ftp and databases, mailing lists) provided under this agreement are and will remain the property of the Provider of Confidential Information, and such confidential information will be destroyed after the termination of the contract.
- Confidential information includes, in particular:
- trade secrets, procedures, definitions, specifications, programs, all information from ftp and mySQL databases, mailing lists, technical and other know-how, operational methods and procedures, business strategies, business and marketing plans, proposals, agreements, contracts, financial, business, and other operational data of the Contracting Parties,
- information about clients, etc., data subject to protection under special laws (particularly information constituting part of banking secrecy according to Act No. 21/1992 Coll., on Banks, and personal and sensitive data according to Act No. 101/2000 Coll., on Personal Data Protection, and on Amendments to Certain Acts).
- The Provider will not disclose the User as a reference of the company without the explicit consent of the User.
- The Provider will not provide any contact details of the User to third parties, except for legal obligations, anti-spam authorities, and the data center operator.
XI. Final Provisions
- These General Terms and Conditions are an integral part of the Agreement on the provision of data telecommunication services.
- The Provider reserves the right to make changes to the text of the General Terms and Conditions.
- The amended business terms and conditions by the Provider shall be valid and effective from the first day of the month following the month they were published on the Provider's website.
- In the case of message delivery via email, it is considered that the message was delivered to the other party on the third day after its sending.
- The parties undertake to inform each other without undue delay about changes to their contact details (addresses, telephone numbers, faxes, emails, etc.).
- Changes and amendments to the Agreements must be in writing and signed by authorized representatives of the contracting parties.
- In accordance with § 262 (1) of the Commercial Code, the contractual relationships between the parties shall be governed by the Commercial Code. Matters not regulated by this code shall be governed by Act No. 151/2000 Coll. on electronic communications, Act No. 101/2000 Coll. on the protection of personal data, and the Civil Code, if applicable.
- Upon concluding the Agreement on the provision of data telecommunication services, the user will receive one copy of these General Terms and Conditions. By signing the Agreement on the provision of data telecommunication services, the user acknowledges being familiar with the General Terms and Conditions of service provision on MyDreams.cz servers.
- The parties agree that any property disputes arising out of or in connection with the Agreement shall be finally decided by the District Court of Beroun.
- These General Terms and Conditions come into effect on May 1, 2018.