General terms of the server services
1. Scope of application
1.1. These General Terms of the Server Services shall apply to all the Service Contracts entered into for the use the Server Services provided by Zone.
1.2. In addition to this, the General Terms of the Services of Zone apply to the Server Services to the extent that these General Terms of Server Services do not provide otherwise.
2. Terms used
2.1. The terms and definitions below have the following meaning in the General Terms of the Server Services:
2.1.1. Physical Server – the server in the possession of Zone used for the provision of the Server Service to the Client and the hardware and software belonging to it, which can be accessed by the respective authorisation codes;
2.1.2. Virtual Server – limited resource of one or more Physical Servers shared with the other clients of Zone, upon the use of which the Client can present the materials belonging to the Client. The definition “Virtual Server” also covers the limited resource of one or more Physical Servers allocated to the Client by Zone for sending and receiving e-mails;
2.1.3. Server – Physical Server and / or Virtual Server.
3. Use of the service
3.1. The Client is entitled to use the Server for storing the Client’s applications and materials and / or presenting thereof to the public, depending on the type of the Server Service even for creating and/or using e-mail address(es), sending and receiving e-mails, likewise in any other way, which complies with the description of the Server Service;
3.2. The Client undertakes to make with sufficient frequency backup copies for himself of the files kept on the Server and keep the software installed by the Client updated in order to ensure its security.
3.3. The Client is liable for the contents of the Server allocated to the Client, and the Client also undertakes not to disclose any materials on the Server or provide any services, which contradict the legislation or good practice or which violate the rights of any third persons. It is forbidden inter alia to use or distribute any media and software protected by copyright, if no required license exists for this purpose.
3.4. The Client shall not use on the Server any software, scripts, programs or other applications, which burden, disturb or damage the normal operation of the Server, and undertakes to remove these at the latest within twelve (12) hours after submission of the respective message by Zone.
3.5. The Client undertakes not to use such programs or applications on the Server, which enable the Internet users to send mass e-mails (junk mails), threatening, disparaging or misleading e-mails, and not to send such e-mails by himself. It is forbidden to provide such services from the Server (e.g., proxy, open DNS resolver, etc.) or use the Server for such activities, which can be regarded as attacks against third persons (incl. scanning of ports, computer networks and/or any inquiries burdening the equipment in these, etc.).
3.6. Zone is entitled to issue mandatory precepts to the Client for the termination of any illegal activity relating to the use of the Server Service or activity violating the Contract Documents, incl. for removal of any illegal materials or materials contrary to good morals from the Server, likewise to remove such materials itself. Zone shall reserve itself the right as the person holding the respective technical information to decide whether the activities of the Client are burdening, disturbing, damaging the Server or not, and thus to suspend the service to the Client in case of need by reasoning its decision to the Client.
4. Server maintenance. Repair of failures
4.1. For the purpose of providing a stable Server Service, Zone shall carry out routine and emergency maintenance of the Server. The main objective of routine maintenance is to improve the operation, performance, and/or security of the Server; the main objective of emergency maintenance is to repair failures.
4.2. Zone shall carry out routine maintenance during the period from 1 AM to 6 AM according to the zone time of the location of the Server. If provision of the Server Service needs to be interrupted in order to carry out routine maintenance, the duration of such interruptions shall not exceed 30 minutes per interruption, or 60 minutes per calendar month. If a longer interruption is needed in order to carry out routine maintenance, Zone shall, if possible, inform the Client about this within a reasonable period of time before starting maintenance.
4.3. Zone shall carry out emergency maintenance if a Server failure or a major security risk relating to the Server Services is discovered, in order to restore regular and secure provision of the Server Service in the shortest time reasonably possible. If emergency maintenance is carried out in order to stop an interruption in the provision of the Server Service, or if provision of the Server Service needs to be interrupted while carrying out emergency maintenance, Zone shall inform the Client as soon as reasonably possible after having discovered the failure or security risk.
4.4. If possible, Zone shall regularly make backup copies of the Client’s materials, but shall not guarantee preservation of the materials.
5. Suspension of the server service
5.1. Zone is entitled to immediately suspend the provision of the Server Service to the Client if:
5.1.1. the software, scripts, or other applications used by the Client cause failures on/of the Server, cause overloads, or hinder Zone in any other way upon provision of the services;
5.1.2. Internet attacks are aimed at the Client (incl. denial-of-service attacks, i.e. DoS and DDoS attacks);
5.1.3. The Client does not comply with the precept of Zone referred to in clause 3.6 .
6. Liability of parties
6.1. Zone shall not be liable for any loss caused by:
6.1.1. Failures caused by any software used by the Client on the Server;
6.1.2. Acts or omissions of the Client upon administration of the Server, incl. the contents of the materials kept and published by the Client on the Server, or e-mails sent by the Client or under the addresses belonging to the Client in the course of using the Server Service;
6.1.3. Potential interruptions, Internet attacks (incl. denial-of-service attacks, i.e. DoS and DdoS attacks) arising from any load and / or failures caused by third persons to the Server;
6.1.4. Spread of viruses.
6.2. The Client shall indemnify for any loss, which arose in connection with any damage to the Server caused by the software or application used by the Client, or hindering the operation of Zone thereby in any other illegal manner, provided Zone has previously warned against such activity. In case the activity of the Client upon damaging the Server is intentional, the Client shall be liable regardless of any warning by Zone.
7. Expiry of the contract
7.1. Zone shall send a message to the Client 30 days prior to the expiry of the term of the Service Contract specifying the opportunity to extend it. Upon expiry of the Service Contract, Zone shall preserve the account name and the materials of the Client there for 30 days, allowing the Client to make a copy thereof.