General terms and conditions of use for webhosting, email, and other services provided by FirstInfinite s.r.o. Company

The company FirstInfinite s.r.o. hereby issues these “General terms and conditions of use for webhosting, email, and other services” (further as “GTU”) provided by the FirstInfinite s.r.o. Company in accordance with §273 of Act No. 513/1991 of the Czech Business Code of Laws as amended.

A.) A.)Terms interpretation

In case there cannot be concluded any other interpretation, the following terms will be interpreted as follows:

Provider – is the FirstInfinite s.r.o. Company, Bořivojova 35/878, Praha 3 – Žižkov, CZ – 130 00; IČ/ID: 28362837; registered at Municipal court in Prague, section C, file 136217 – contracting party i/ - further as “FirstInfinite”
User, customer – is the customer of FirstInfinite; contracting party ii/
Service – is the service provided by FirstInfinite to the customer
Website/page – is the internet presentation of the provider, user, or any third party
Month/ly – is the time period between the given day and the same day the following month
Year/ly – is the time period between the given day and the same day and month the following year
Period – is the period of service usage (year or month – due to the order)
Terms, conditions, GTU – are the terms of this contract, General Terms of Use (hereinafter), or any other terms or conditions arranged between the provider and user
Payment – is the payment from user to the provider
Law/s – are the laws of the Czech Republic, European Union, the country of residence of the customer, or any other relevant legislation and legal regulations as amended
WebAdmin – is the online administration interface for account and service management
FUP – is the Fair Usage Policy of the Provider, which applies to all Infinite services or their parts
Privacy Policy – is the Privacy Policy of the Provider
Article – is an article of this contract, GTU Privacy Policy, or FUP

B.) This contract

This contract is concluded based on voluntary decision of the Provider and the User to enter a business relationship.
Any relationship between the Provider and User is ruled by this contract, unless stated otherwise.
This contract and any relationship between the Provider and User adhere to the Laws of the Czech Republic and European Union.
The following documents are integral parts of this contract:

General Terms of Use (further as GTU)
Privacy Policy
Fair Usage Policy (FUP)

Individual articles of this contract may be changed by other parts of the contract – GTU; Privacy Policy; FUP
This contract may be concluded by an individual or corporate body with the ability to perform legal acts.
This contract applies especially to webhosting, email, and related services.

C.) Services

Service order:

All standard services of the provider are in principal ordered through the order form on the Provider’s website.
Unless stated otherwise, the “Infinite” services are ordered for a period of a year or a month, and “Flexy” services for a period of a month.
Special services and services which are not included in the basic offer of the Provider are, in principle, ordered through the contact form on the Provider’s website under special conditions.
The customer is obliged to present the Provider with all information necessary to establish and manage the ordered services. All presented information must be true.
The customer must agree with this contract incl. the GTU, Privacy Policy, and FUP to successfully order the services.
The provider provides the services based on, and in accordance with, the order filled out and sent by the customer.

Service Cancellation:

Unless stated otherwise, all service periods are automatically extended by another term until cancelled by one of the contracting parties.
Any service cancellation must be submitted in writing and delivered by email or post address of the counterparty.
Services are, in principal, cancelled to the end of a period – one month or one year. This article may be affected by the Terms of FUP.
Cancellation takes at least 15 days from the day following to the day of cancellation note delivery to the counterparty.
In case the cancellation period of 15 days is not adhered to, the Provider is entitled to charge the fee for the next shortest period possible.
The customer is entitled to cancel the services within the trial period (15 days after the first service order) without payment. This article may be affected by the Terms of FUP.
Payment during the trial period is considered to be an expression of satisfaction with the services and as agreement to further use of these services; therefore, it is not possible to cancel the service other than according to article C/ 2/ c/, d/ GTU, and eventually 4/ c/ FUP.
The Provider is entitled to cancel any user’s service – without prior notice and compensation – due to gross violation of this contract, GTU, FUP, laws as amended, or ethics.
Failure to pay for ordered services may not be considered as their cancellation. All cancellations must be in writing and must be delivered to the email or post address of the Provider.
For a complete cancellation of services, all payments must be settled.

Payments:

Payments for services, in principle, follow monthly or yearly, due to their specification and agreement.
The current payment methods accepted by the Provider are publisher on the Provider’s website.
Upon receiving an order, the Provider sends the customer a pro-forma invoice. For already provided services, the pro-forma invoice will be sent the third day of the running period. The payment must be settled within 15 days upon receiving the pro-forma invoice.
Upon receiving the payment, the Provider sends the customer an invoice in return.
Any outstanding payments will be claimed according to article G/ b/ GTU/.

Discretions and Duties of the Provider:

The provider is especially obliged:

to provide the customer with the ordered services to the extent of their description on the provider’s website at the time of order for the period chosen by the customer. By extending the service by another period, the up-to-date description of the service on the Provider’s website is used.
to ensure regular updates of the software equipment at the servers to assure its functionality and safety.
to ensure regular checks and eventually exchange hardware equipment to minimize the risk of service drop-outs due to equipment failure.
to inform the user in advance about planned outages or restrictions of the services (e.g. in relation to hardware exchange) at least 24 hours prior to the circumstance.
to provide the user with help and technical support through the contact form in the WebAdmin interface, or on the Provider’s website.

The provider is especially entitled:

to temporarily restrict any provided services to a user who is using the services in violation of this contract, GTU, FUP, laws as amended, or ethics without prior notice, and without the right for any compensation.
to cancel all services and permanently remove all data from servers of a user who uses the service in gross violation of this contract, GTU, FUP, laws as amended, or ethics without prior notice and without the right for any compensation.
to restrict temporarily and without the right for any compensation:

reserved memory space on a server,
transmission rate,
ability to create new email accounts,
ability to create new databases, and/or
any other relevant services and their parts

to introduce additional means of protection of the services, if this leads to adequately increased service security and if this does not lead to additional costs for the user. This does not apply to a situation where the user specifically asks for increased protection.
to change the time period for which the invoice will be issued, if the Provider informs the user at least one month prior to this change.
to invoice any payments or charges to the user retroactively , which have not been invoiced on time due to technical or other reasons, up to one year from the date these payments were due, even after services have been terminated.
to inform the user about products and other activities of the Provider and its partners by email or other appropriate means. This communication is not considered to be an unsolicited offer (spam).
to unilaterally modify or alter functional or technical specifications of the services, improve the access or administration interface, or otherwise change any service characteristics, if this benefits the user or is in accordance to new trends in the field.
to cut off or restrict services without prior notice for an undefined period of time in justified cases – especially during scheduled maintenance, technical checks and revisions, hardware repairs or exchanges, or during contingencies (power outage, an act of God, terrorist attack, etc.).
to refuse to provide services to any customer, especially if the user’s services have been limited or cancelled previously due to violation of the contract, GTU, FUP, law as amended, or ethics by the Provider, or any other provider of a similar service. This also applies retrospectively.
to take any legal action against a user to protect the Provider, any other customer, or third party whose rights might be endangered in consequence of a user’s usage of the services in violation of the contract, laws as amended, or otherwise (especially due to article D/ a/).

Discretions and Duties of the User:

The user is especially obliged:

not to place any content mentioned in article D/ a/ GTU on one’s website, eventually to consult the conditions for the placement of some of this content with the Provider in advance.
to settle all payments for ordered services on time (due to art. C/ 3/ - especially c/ and d/).
not to offer a Provider’s services to third parties (with or without payment), without consulting it with the Provider in advance.
to inform the Provider without delay; however, not later than in 30days, through the administration interface for account and service management – WebAdmin, or through the contact form about:

change of contact person,
contact and invoice information, and/or
any other changes relevant for service provision.

not to use the FTP memory space and transfer capacities of the Provider to store, archive, or back-up any data not necessary for the correct functionality of user’s website, or relocating any data between two users or third parties.
not to use the services in any way which might lead to excessive restrictions of availability or functionality of the services to other users or would restrict the Provider in any way.
to use the service in accordance with this contract, GTU, FUP, laws as amended, and ethics.

The user is especially entitled:

not to be restricted by the Provider, other user, or third party, when the user uses the services in accordance with this contract, except the specially stated occurrences.
o demand appropriate refund from the service price for the period in which the service was not provided, eventually demand extension of the next paid period by one day for every 5 minutes of service drop-out, in case the drop-out was caused by the Provider or any of its partners. The user is entitled to demand the refund or extension of services up to one month from the last drop-out; however, no later than three months from the first drop-out, unless arranged otherwise.
to offer the services to third parties only with written agreement from the Provider.
to demand full and true information about matters which may have influence on the quality and any stability of the services, if it is possible to anticipate such matters.
to use the provided memory space, transmission capacities, and FTP access only to place and update the website.
to turn upon the Provider with any questions or problems regarding the provided services in terms of technical support according to art. C/ 4/ e/ GTU.
to refuse the new version of this contract according to art. f/ of the Final Provisions, within 14 days upon receiving the new version of the contract. Refusal of the new contract is considered as cancellation of the services under standard conditions, according to Art. C/ 2/ c/ and d/.

D.) WebHosting (incl. email and other relevant services)

Forbidden website content:

The user’s website may not content the following:

Content which infringes the copyright (text, audio, video, software, etc.);

Content admonishing intolerance based on race, nationality, religion, or otherwise; as well as content propagating fascism, communism, and any other ideology leading to the suppression of human rights;

Data containing warez and similar content, or links to websites with such content;

A spam server;

Illegally gained or distributed software, or other illegal data or content;
A download server;
A chat server;
Erotic or pornographic material (text, pictures, videos, etc.);
Content which may overload databases;
Excessive amount of video, audio, or other large files; and/or
Content which may overload transmission capacities.

This does not apply to the points in bold!

Services:

Basic webhosting services of the Provider are InfiniteHosting, FlexyHosting, and FreeHosting. Basic email service of the Provider is FlexyMails.
The user may come to agreement with the Provider about the provision of special services under special conditions.
All prices for services announced on the Provider’s website are final.
There is no start-up fee charged to standard services.

INFINITEHOSTING:

Detailed specification of InfiniteHosting is presented on the Provider’s website.
Terms of FUP may apply to this product.

FLEXYHOSTING

Detailed specification of FlexyHosting is presented on the Provider’s website.
The final price for FlexyHosting will be shown upon entering the desired configuration – memory size in MB, amount of email accounts, and databases – into the order form.
Terms of FUP may apply to this product.

FREEHOSTING

Detailed specification of FreeHosting is presented on the Provider’s website.
This service is provided for free or at a special price, especially to non-profit organizations (funds, schools, etc.); cultural amenities and events (theatres, theater performances, concerts, etc.) and artists in general.
Only the Provider is entitled to decide to whom FreeHosting will be provided. Fulfillment of the criteria does not automatically mean provision of FreeHosting. Legal enforcement of FreeHosting is not possible.
Specific conditions and criteria for FreeHosting are stated in the “Terms and conditions for FreeHosting”, which are not a part of this contract and may be found on the Provider’s website.
Conditions of this contract also apply to FreeHosting. .
Terms of FUP may apply to this product.

FLEXYMAILS

Detailed specification of FlexyMails is presented on the Provider’s website.
The price for FlexyMails announced on the Provider’s website is final and includes all the mentioned parameters in the product specification.
Terms of FUP may apply to this product.

E./ Domains

In general:

Domains are ordered for the period of one year. The current price list may be found at the Provider’s website.
The cancellation notice period is at least 15 days prior to the next renewal of the domain name – that means at least 15 days prior to the current term expiration.
The date of next/last renewal may be found in the administration interface for account and services management: WebAdmin.
Submitting a domain name into the registration field and sending the order form does not automatically result in ownership of this domain name. The user will be notified about a successful registration by email.

F.) Graphical services, WebDesign

Terms and conditions for the provision of graphical, photographical, web design, and other relevant services are handled in the “General terms and conditions of use for graphical, photographical, web design, and other relevant services provided by the FirstInfinite s.r.o. Company”

G.) Complaint procedures

Complaints:

The user is entitled to complain about:

mistakes in charged fees, and/or
the extent of provided services.

The user must file the complaint in writing by email or post address of the Provider or through the contact forms in WebAdmin or the Provider’s website.
The user is obliged to state all identification data and to describe the character and circumstances of the occurrence which the complaint concerns, as well as the time of the occurrence.
The user is obliged to file the complaint (according to Art. G/ a/ a/, b/ and c/ GTU) within a month from the date the user found out about the occurrence, but no later than 6 months from the date the occurrence.
The Provider is obliged to decide about the eligibility of the complaint without delay, but no later than 7 days from the date the complaint was filed, after evaluating all available data. In case the Provider must consult the complaint with a partner, the period extends to 30 days.
Filing a complaint does not delay any fee payments.
If a complaint is executed in favor of the user, the eventual surplus payment is returned by:

wire transfer,
discount to other services, and/or
free service provision for the appropriate time period.

Dispute solution:

All disputes between the user and Provider are preferably solved by mutual agreement.
In case an agreement is not reached or is not possible, the dispute will be solved as follows:

All disputes ensuing from this contract will be solved before a sole arbiter, in accordance with Art. 216/1994 of Czech code of Laws as amended, Arbiter and Fees Rules issued by Sdružení rozhodců s.r.o., IČ/ID: 63 49 66 58, based at Příkop 8 (IBC building), 604 39 Brno. All mentioned documents are published on the website of Sdružení rozhodců – www.sdruzenirozhodcu.cz.

H.) Confidentiality of Information

Both contracting parties, in accordance with § 271 of Czech Business Code of Laws, regard all information about the counterparty which emerge from this contract, or otherwise during the contractual relationship, as confidential, and they will not make available them to third parties without written agreement from the counterparty. They agree to adhere to the secrecy at least one year after termination of the contract. As confidential are also regarded any files placed on the Provider’s servers, which are also protected by copyright (Act. 121/2000 of Czech Code of Laws).
The commitment of confidentiality does not apply to information regarding the negotiation of the contract and GTU, to information which are publicly accessible, and identification and source data, which are or may be subject to trade secret and are provided to authorities pursuing a criminal investigation or within a legal dispute between the Provider and user, information demanded by courts of justice, official state authorities, auditors for law enforced purposes, or tax advisors of any of the contracting parties.
By increased demand for information confidentiality or safety of transmitted data beyond the Provider’s technical and operating abilities, it is the user’s responsibility to take one’s own necessary steps to assure the level of confidentiality desired (e.g. ensure data encryption/decryption).
Unless stated otherwise in the contract, the Provider is entitled to list the user in the list of the Provider’s referential customers.
Both parties of the contract agree not to use the counterparty’s logos, trade names, trade-marks, unless stated otherwise in the contract, or without special consent of the counterparty.
The user is obliged, in accordance with this contract, to protect the intangible assets of the Provider or other subjects, which the Provider offers the user to his disposal.

I.) Privacy Policy

The administrator of the personal data (further as “data”) is the FirstInfinite s.r.o. Company; Bořivojova 35/878; Praha 3; CZ – 130 00; registered at the Municipal court in Prague. (further as “Provider” or “Administrator).
By checking the appropriate field in the order and contact form and at the end of this contract, the user expresses agreement with the processing of personal data, which is entered into the mentioned form, to the Provider, to the extent necessary for service provision. The Provider is entitled to submit this data to third parties if it is necessary due to the nature of the ordered service or if the third party is entrusted by the Provider.
The agreement of personal data processing is time-unlimited and is valid until written withdrawal is filed, in accordance with Art. 101/2000 of the Czech Code of Laws. Written cancellation of services is regarded as withdrawal of the agreement of personal data processing. The user has access to one’s own personal data anytime through WebAdmin.
The Provider neither accesses nor controls any non-public parts of the user’s websites, content, and movement of email messages or content of the user’s databases.
The Provider guarantees safety of the personal data in accordance with Art. 101/2000 of the Czech Code of Laws.

J.) Fair Usage Policy (FUP)

In general

Conditions of FUP apply to all unlimited (Infinite) services of the Provider and their parts.
When the Provider establishes the infringement of FUP conditions, the Provider is entitled to cancel all of the user’s services without any compensation.
Conditions of FUP may alter the wording, change the validity of, or cancel any article of GTU.

WebHosting:

The user is entitled to make use of all Infinite service of the Provider (space, traffic, email accounts, etc. according to the Provider’s offer), or their parts for oneself without any restrictions. The user is not entitled to offer, for or without payment, the Provider’s services to third parties. It is also prohibited to use one account for two or more websites of two or more subjects.
The user may come to special terms with the Provider, which would allow the user to offer the Provider’s services to third parties, or to administer more websites under one account.
The use of an Infinite service may not result in limitation of the same service for another user.
When the infringement of Art. 2/ c/ FUP is established, the Provider informs the user about the situation, who is then obliged to immediately desist from any use which may cause this situation. In case the situation is not solved within one week from the notification, the Provider is entitled to cancel all of the user’s services without compensation.

Emails

The user is entitled to make use of all Infinite service of the Provider (email accounts, etc. according to the Provider’s offer), or their parts for oneself without any restrictions. The user is not entitled to offer, for or without payment, the Provider’s services to third parties. It is also prohibited to use one account for two or more websites of two or more subjects.
The user may come to special terms with the Provider, which would allow the user to offer the Provider’s services to third parties, or to administer more websites under one account.
The use of an Infinite service may not result in limitation of the same service for another user.
When the infringement of Art. 3/ c/ FUP is established, the Provider informs the user about the situation, who is then obliged to immediately desist from any use which may cause this situation. In case the situation is not solved within one week from the notification, the Provider is entitled to cancel all of the user’s services without compensation.

K.) Final provisions

In case a conflict arises between the Terms of this Contract and the GTU, the Conditions of this Contract precede the GTU.
The Conditions of GTU are an integral part of this contract.
The Provider retains the right to change the GTU. Unless the user rejects the new version of GTU within 14 days upon issue, it is regarded as an agreement by the new GTU. This does not affect the discretions and duties incurred from the previous GTU.
GTU abate the date when new GTU come into practice. The new GTU come into practicethe day they are sent to the user by email.
All transactions due to this contract and GTU may be done also by email or through the Provider’s website.
If it comes, in consequence of flaws or changes in the Code of Law, to invalidity of a single or multiple articles of this Contract, it only affects the concerned articles and does not affect the Contract as such. In case such an occurrence would threaten the use or provision of the services, the Provider establishes a new Contract and GTU, which is then sent to the user. The user has the right to reject this Contract within 14 days upon issue.
These GTU enter to power on September 1st 2009

First Infinite