Today is September 30, 2010
TERMS OF SERVICE
I. GENERAL CONSIDERATIONS
1.1. The www.hostineuro.com website is owned and operated by FASTCOM Marcin Krupinski. And is subject to its Terms of Service. These Terms
of Service define conditions and scope of contract between:
FASTCOM - Marcin Krupinski
ul. Gorska 24
43-370 Szczyrk
E-mail: info@hostineuro.com
Bank account number
PL 72 1140 2004 0000 3702 2489 4291
EU VAT tax number PL9372080477
Statistical number (Regon): 072250666
Place and number of registration of the firm: Szczyrk, Nr 1263
Operating under the domain
www.hostineuro.com providing subscription internet services, notably
electronic mail, virtual servers, domain registration, dedicated servers,
VPS - virtual Private Servers, colocation of servers hereinafter referred
to as "Fastcom" and the user of the above services hereinafter
referred to as "Subscriber".
1.2. These Terms of Service and changes to them take effect upon their
publishing on the website www.hostineuro.com. They describe the manner
and terms of using the services and define the rights and obligations
of both parties. The use of Fastcom subscription services by the Subscriber
constitutes the acceptance of these Terms of Service in the form available
on the www.hostineuro.com website.
1.3. Ordering by a Subscriber of selected service through the order
form on the www.hostineuro.com website (with possible subsequent modifications)
or ordering a service in another way, including telephone, email, fax,
letter or in person and executing a payment constitutes a conclusion
of a contract between Fastcom and Subscriber and an acceptance by the
Subscriber of present Terms of Service and commitment to adhere to them.
Any complaints claiming ignorance of these Terms will not be taken into
consideration.
1.4. Fastcom reserves the right to revise its Terms of Service at any
time. Non-termination of the present contract by the Subscriber within
7 days from the date of the introduction of a change to the present
Terms shall be considered an acceptance by the Subscriber of a change
to these Terms. Changes to the Terms of Service shall be announced on
the www.hostineuro.com website and shall enter into effect upon their
publication on the website. Fastcom is not obliged to inform the Subscriber
of the changes of the Terms of Service in another way than the one described
in this paragraph.
II. USE OF SERVERS
2.1. Fastcom provides subscription Internet services enumerated in par.
1.1. An up-to date and detailed offer of Fastcom is presented on the www.hostineuro.com
website.
2.2. The Subscriber is fully and solely responsible for the content
stored on the servers used by him and made available to him by Fastcom.
All services provided by Fastcom may be used for lawful purposes only,
which excludes, but is not limited to: copyrighted material, material
we judge to be threatening or obscene or material protected by trade
secret and unsolicited email (spam) and invasion of privacy. All pornographic
content is prohibited on Fastcom servers. Fastcom will be the sole arbiter
in determining violation of this provision.
2.3. Fastcom reserves the right to remove from the server uncertain software,
especially units of Shell and IRC services, if they, directly or indirectly,
may bring damage to Fastcom or its other subscribers, or if there is only
a presumption that such software might cause damage.
2.4. The Subscriber agrees that Fastcom will process the Subscriber's
personal details, which he provided to Fastcom during the registration
procedures. The Subscriber states that he is aware of his right to inspect
and correct his own personal details. Fastcom commits itself to observe
the confidentiality with respect to the Subscriber's personal information.
Unless the Subscriber has expressly disagreed to it, Fastcom can put on
his reference list the Subscriber's name or his firm's name and the
Internet address of his website. Fastcom can send to the Subscriber notifications,
newsletters, special offers and other information.
2.5. The Subscriber is obliged to protect his access password and undertakes
not to attempt to crack other subscribers' access passwords or to be
detrimental in another way to other users.
2.6. Wherever the Terms of Service set a limit on the data transfer
or capacity, the Subscriber pays for exceeding such limit or moves to
a higher package. The data transfer limit from a given month cannot
be utilized in the next month.
2.7.The Subscriber is liable for damages caused by a non-professional
use of the rented service, by his non-observance of these Terms of Service
and by his illegal activities on the Internet.
III. CONCLUSION AND EXTENSION
OF AGREEMENT
3.1. Internet services agreement is concluded by completing and sending
by the Subscriber of the online order form, by acceptance of the order
by Fastcom and by payment for the ordered service by the Subscriber. Fastcom
reserves the right to refuse to accept an order, among others due to
previous misconduct or lack of creditworthiness. Provisioning time of
servers is subject to availability of hardware and to demand for the
servers.
3.2.The contract of service subscription is concluded for a period defined in the online order form and is automatically extended with an implicit consent of the parties for each successive billable period thereafter at the then applicable prevailing rates and charges, unless written notice of cancellation is received from Subscriber at least 14 days prior to the beginning of the next billable period.
3.3. The present Terms of Services applies also in the case of ordering services in a way other than by an online order form, unless the parties decide otherwise in writing.
3.4. Each party can terminate
the present contract at least 14 days before the beginning of the next
billable period.
3.5.Notwithstanding the above ruling Fastcom reserves the right to:
a) terminate the contract and to switch off the server in the case of
non-payment within the deadline for the extension of the server for
new period,
b) refuse, suspend or cancel any account, at any time, without notice,
for any reason Fastcom considers appropriate in the light of violation
of present Terms, especially of its par 2.2. The Subscriber agrees that
Fastcom may not be held liable for any decision to so refuse to provide
service.
3.6. Fastcom is not obliged to refund the service fee if the contract
has been terminated due to the Subscriber's fault prior to the expiry
of the service period.
3.7. After the end of the contract, whatever its reason, the Subscriber
must discontinue immediately to use the server and make a backup of
its data. Fastcom cannot be in any way held liable for the loss of data
of the Subscriber.
IV. PRICES, BILLING, PAYMENTS
4.1. Payments for subscribed services are made by the Subscriber in
advance. The payments can only be made in amounts and for periods published
on the www.hostineuro.com website.
4.2. The subscription fee is a payment for using a virtual server account
or a dedicated server, VPS or colocation in the Fastcom network and does
not cover such services as Internet access, software configuration or
creating a webpage.
4.3 The subscription fee is subject to change, if Fastcom decides that
there are sufficient grounds for doing so, especially, but not exclusively,
change of domain registrar charges, change of charges of other providers,
or change of exchange rates. The payment of the subscription fee protects
the Subscriber from changes of fees until the end of period for which
the Subscriber has paid the subscription fee.
4.4. Fastcom can issue and dispatch the invoice in electronic form under
a secure electronic signature in the meaning of art. 3, point 2 of the
Act on Electronic Signature of 18 IX 2001 (Journal of Laws Nr 130, pos
1460 with latter additions) verified by a valid , qualified certificate
issued by Sigillum - Polish Mint SA.
4.5. Payment for the extension of subscription must reach Fastcom before
the beginning of the subsequent billing period. If payment is not received
by that date, Fastcom has a right to terminate the contract and to switch
off the server.
4.6. Fastcom does not bear any responsibility for payment delays caused
by third parties such as banks, post offices, etc.
4.7. Termination of contract does not acquit the Subscriber from paying
to Fastcom the amounts due.
4.8. Fastcom charges Euro 29 for settling arrears and eventually for reinstallation
of the server.
V. LIABILITY AND LIMITATION OF LIABILITY OF
Fastcom
5.1. Fastcom undertakes to provide a 99,5% server uptime as an average
over a year. In the period of a year, 1% of time in the year average
may be allocated to maintenance. Fastcom will compensate the Subscriber
for a possible proven lack of continuity in delivering services lasting
longer than 24 hours due to Fastcom's fault by extending the period of
provision of service by double the period of non-activity of the account,
unless the downtime was caused by the breakdown or impropriate functioning
of telecommunication infrastructure which are beyond control of Fastcom.
5.2. Except as set forth above, service is provided on an "AS IS"
and "AS AVAILABLE" basis and Fastcom excludes and Subscriber
hereby waives all other representations and warranties, express or implied,
arising by operation of law or otherwise, including but not limited
to, implied warranties of merchantability, fitness for a particular
purpose, non-infringement and title, as well as any warranties arising
from a course of dealing, usage or trade practice, provider does not
warrant or guaranty that the service will operate without fault, error
or interruption. Neither party shall be liable for any indirect, incidental,
special, consequential or punitive damages (including but not limited
to, damages for lost profits, lost revenues, lost opportunity to develop
business, lost expected savings, whether caused by the acts or omissions
of a party's employees or representatives, culpable negligence, or willful
misconduct regardless of whether such party has been informed of the
likelihood of such damages. The liability of provider for damages arising
out of the furnishing of service or any other matter hereunder, including
but not limited to mistakes, omissions, interruptions, delays, tortuous
conduct, errors or other defects, representations, use of service or
arising out of the failure to furnish service, whether caused by acts
of commission or omission, (including Subscriber hardware or software
failures or any other damage occurring after the provision of the service)
shall be limited to the extension of provision of service as set forth
above . IN NO EVENT SHALL Fastcom'S CUMULATED LIABILITY EXCEED THE PAYMENTS
MADE BY SUBSCRIBER TO Fastcom IN THE GIVEN MONTH
5.3. Neither party shall be liable for any default or delay in the performance
of any of its obligations under this Agreement (other than failure to
make payments due hereunder) if such default or delay is caused, directly
or indirectly, by forces beyond such party's reasonable control ("force
majeure" event), including, without limitation, fire, flood, acts
of God, electricity cuts longer that 48 hours, labor disputes, legal
acts, accidents, interruptions of transportation or communications,
supply shortages or the failure of any third party to perform any commitment
relative to the production or delivery of any equipment or material
required for a party to perform its obligations under this Agreement.
5.4. Subscriber agrees to take full responsibility for files and data
residing on Fastcom's servers and to maintain all appropriate backup of
files and data stored on Fastcom servers. Fastcom is not liable for the
loss of data, including the loss resulting from delays, non-deliveries,
wrong delivery, and any and all service interruptions caused by Fastcom
and its employees. Fastcom is not liable for the quality of information
received via electronic mail or for its content.
5.5. Fastcom is not liable for damages caused by the Subscriber, notably,
but not limited to incorrect use of service, loss of password, provision
of inaccurate and incomplete information
5.6. A complaint made by the Subscriber in connection with the non-execution
or improper execution of services ought to be drawn up and posted within
14 days of the cause of complaint. Fastcom considers the complaint and
replies to the Subscriber in writing within 14 days.
VI. CONCLUDING TERMS
6.1.These Terms of Service and changes to them take effect at the moment
they are published on the website www.hostineuro.com
6.2.This Agreement constitutes the entire agreement between Fastcom and
the Subscriber with respect to the subject matter hereof. All prior
agreements, representations, and statements with respect to such subject
matter are superseded.
6.3. Should any one or more provisions of this agreement be found to
be invalid, illegal or unenforceable for any reason, such finding shall
not affect or invalidate any other provision hereof.
6.4.These Terms of Service shall be governed by and construed by the
laws of Poland and any disputes shall be exclusively resolved within
the jurisdiction of the courts of the Poland.
