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Terms of Service

 

All existing users of ItSoft’s services and future users ordering the services accept the terms established by these Terms of Service (hereinafter: Terms). These Terms are not final, and ItSoft retains the right to complement, delete and change the provisions of these Terms at any given time, without prior notice. The changes become current at the time when the user is informed of those changes and/or when they are published on company’s website www.mydataknox.hr

DEFINITIONS

The meaning of terms used in these Terms:

  • ItSoft, Company
    IT SOFT d.o.o.
  • User, Client
    Natural or legal entity that uses or orders the services of the Company
  • Inappropriate material, Inappropriate content
    Such content that is abusive, derogatory, harmful, defamatory, malicious, obscene, pornographic, vulgar, threatening, illegal, that violates the intellectual property rights, represents or incites a criminal offence or contains a computer virus, worm, trojan horse and/or some other harmful computer code.
  • Services
    The services offered by ItSoft to existing and future Users

 

Following Terms apply to all ItSoft users:

IT SOFT SERVICES

ItSoft’s services include, without limitation:

  • any acts involving preparation, adjustment, connection, maintenance, cancellation or reactivation of the User’s account (including the billing information and server, or server space, that ItSoft delivers to the User);
  • any use of computer technology, telecommunications, software, information, hardware and equipment by the User, or any access to them allowed to the User by ItSoft,
  • any activities, or provision of services by ItSoft to the User that is connected to web hosting and domain registration (including the use of server and technical support), regardless of the duration and payment status;
  • any provision of computer space or internet connection to the User;
  • any access or use connected to ItSoft’s websites, including the websites themselves;
  • any service contained in these Terms;
  • any service provided to the User by ItSoft, whether it was used or not;
  • any service from ItSoft that was used by the User, or that was offered or provided to the user by ItSoft.

SLA

SLA terms apply to all services, and they are considered an integral part of this contract. SLA terms are publicly available at: https://www.mydataknox.hr/sla

OWNERSHIP OF HOSTED WEBSITES

The owner of the User’s websites and all accounts opened at ItSoft is the individual or organization whose name or title is listed in ItSoft’s database as the owner. The User shall fully cooperate with ItSoft and accept all ItSoft’s security measures and procedures in case of any dispute over the ownership of User’s websites and accounts opened at ItSoft.

ILLEGAL USE

ItSoft’s servers may only be used for legal acts. The transmission, hosting and distribution of information, data or material that is illegal or allows a direct violation of law, are strictly forbidden. This includes, without limitation: material protected by copyright; trademarks; business secrets or other intellectual property rights used without the appropriate approval; inappropriate material; inappropriate content.

SPAMMING

ItSoft is actively participating in the suppression of spamming and acts promptly to all reports. Sending of mass and/or commercial unwanted messages through the internet (also known as spamming) is strictly forbidden, regardless of the fact whether it overloads the server or whether it hinders the services to other ItSoft users.  Spamming includes, without limitation: taking part in sending spam by using the services of some other provider of internet services and referencing websites hosted by ItSoft’s server in spam messages; direct sending from the server leased from ItSoft; sale and distribution of software (at the website hosted by ItSoft’s server) that allow sending of spam messages.

ItSoft retains the discretionary right to determine what constitutes the violation of this provision.

ABUSE OF COMPUTER NETWORKS AND SYSTEMS

The violation of safety of computer networks and systems is strictly forbidden and may lead to criminal and civil liability. The examples of such violations include, without limitation: unauthorized access and use of data, systems or networks, including all attempt at probing, scanning or testing the vulnerability of systems and networks, and perforation of safety or authentication measures without the

explicit consent of the owner of the computer system or network; hindering of any services provided to ItSoft users and the operation of servers and/or network, including the mail “bombardment”, “flooding” attack, intentional attempts to overload the system and “broadcast” attack, forging of TCP-IP packet data, e-mail headers or message headers in newsgroups.

VIRUSES AND OTHER DESTRUCTIVE ACTIVITIES

The use of ItSoft’s services and equipment for: creation or sending of internet viruses, “worms” or “trojan horses”, pinging, flood attack or mail bombardment or for taking part in

DDos attack is strictly forbidden. It is also forbidden to all clients to take part in activities whose goal is to interrupt or hinder the services provided by ItSoft to its Users, or activities whose goal is to hinder and prevent ItSoft User from effectively using the ItSoft services and equipment (or any other connected network, system, service or equipment).

PROCEDURES IN CASE OF ABUSE OF SERVICES

In case of a warranted report on spamming and/or other types of abuse of leased services, ItSoft shall inform the User about the report and demand the resolution of the problem.

If the user does not respond to ItSoft’s warning within 6 hours from the time when the demand for problem resolution was made, ItSoft shall suspend the User’s service, and shall charge the user HRK 250 for reconnection.

PRIVACY

ItSoft takes care of privacy of on-line communications and websites.  Generally speaking, the Internet is no more or less safe than the other means of communication, including mail, telefax and voice telephone services, all of which can be intercepted or compromised in some other way. However, as a precaution, ItSoft encourages its Users to assume that all of their on-line communications are unsafe. ItSoft cannot assume responsibility for safety of information transmitted through ItSoft’s equipment or by using ItSoft’s services in general. You can read more details on privacy in the privacy protection statement.

USER’S RESPONSIBILITIES

The User is expected to use the ItSoft’s services in a responsible manner, which includes the respect of other ItSoft users. ItSoft retains the right to suspend and/or cancel the service to any User who uses the ItSoft services in a manner that is detrimental to other users. Even though ItSoft monitors its services by electronic means in order check whether all the services are at full capacity, we usually do not monitor the communications of our users to determine whether they are in accordance with the Terms. If ItSoft notices any violation of Terms or other contracts, ItSoft may take all the necessary activities to cancel or correct such transgressions, including, without limitation, banning the access to ItSoft services and equipment. Also, in case of violation of Terms or other contracts, ItSoft may take the necessary activities again the User’s users (third parties). ItSoft assumes that the Users who offer internet services shall cooperate with ItSoft regarding the prevention and correction of unwanted activities. The failure to cooperate on such corrective and preventive measures is a violation of ItSoft’s Terms and ItSoft retains the right to take the

Necessary measures even though such procedure may have an influence on ItSoft’s Client’s users.

ItSoft’s ACTIVITIES

The violation of provisions of Terms may in the end result in deactivation the User’s account. ItSoft shall on its own decide what constitutes a violation of provisions. ItSoft retains a right to remove any User account, without prior notice, and to refuse the provision of services to any User and at any time. At the time when ItSoft becomes aware of alleged violation of the provisions of Terms, ItSoft shall start an inquiry. During the inquiry, ItSoft can limit the User’s access to services in order to prevent additional potentially dangerous or unauthorized actions. Depending on the seriousness of the infringement, ItSoft may limit, suspend or revoke the User’s account and/or use legal remedies.  If the infringement is considered a criminal offence, ItSoft shall inform the relevant authorities. An activity that is not listed among the infringements of these Terms may also be considered an infringement of the Terms if it is illegal, irresponsible or if it represents a destructive use of internet. ItSoft does not make refunds for the time the service was unavailable when the reason for this unavailability is the implementation of measures connected to the infringement of these Terms.

The offenders are liable, without limitation, for the price of work needed to repair the damage to ItSoft services and for possible lawsuits from ItSoft services Users who suffered damages.

INDEMNITY

ItSoft Users accept the responsibility to protect, defend and exempt ItSoft from liability and indemnity, or any other third party associated with ItSoft (including, without limitation, the users of services and licences) and ItSoft employees, from any liability, losses, expenses, verdicts, damages, claims or causes of action, including all legal fines and expenses arising from the User’s use of ItSoft services.

DISCLAIMER

ItSoft services are offered according to the existing state of availability and without any guarantees, expressed or implied, including without limitation, guarantees regarding the sales, suitability for a certain purpose or inviolability.

ItSoft expressly waives any statements or guarantees that the ItSoft services shall be free of errors, safe and without interruptions. No verbal or written information from ItSoft or any of its employees shall be construed as a guarantee, nor can the User rely on such information. ItSoft, together with its partners and suppliers shall not be liable for any expenses or damages resulting from any use of service.

 

AMENDMENTS

ItSoft may revoke, upgrade, replace or in any other way change the software, applications, program, hardware, equipment or their parts used to provide a certain service to Users. Certain changes connected to ItSoft services may influence the performance of User’s websites, applications and contents. Each User is personally liable for all of these applications and contents, unless otherwise is agreed with ItSoft.

BACKUP

ItSoft performs a daily backup of web hosting accounts. Despite that, these backups are created for ItSoft’s administrative activities and are not in any way GUARANTEED! The Users are responsible for maintenance of their own backups and their storing on their own computer or other media. ItSoft does not provide any basis for compensation regarding lost or incomplete data in case of any errors during the creation of backups. ItSoft shall do their best to provide a full backup, but it does not take any responsibility for this service.  Always store backup on your own computer or other media!

THIRD PARTY LICENCES

ItSoft makes an effort to provide the technologies, development and innovations (jointly: “Technologies”) to its Users, part of which may be licensed by third parties. ItSoft DOES NOT offer any guarantees regarding the quality, accuracy, reliability or continued existence of any aspect of such Technologies. Also, ItSoft expressly waives any guarantees regarding sales and suitability of such Technologies for a certain purpose. The User shall not hold ItSoft liable for any revocation of licence given to ItSoft. The use of Technologies directly or indirectly obtained through ItSoft or any associated third party is solely at User’s own liability.

THIRD PARTY PRODUCTS

Any mention of products that do not belong to ItSoft by ItSoft, its employees or third parties associated with ItSoft serves only for informational purposes and does not represent a stimulation or recommendation by ItSoft. ItSoft waives all obligations for any representation or guarantee given by suppliers of such products or services.

INTELLECTUAL PROPERTY

The Users shall not, except with an explicit written consent of ItSoft, copy, reproduce, publish in any other way, partially or in full, or use materials available at ItSoft’s website. The Users shall not falsely represent their association with ItSoft or claim that they are ItSoft.

JURISDICTION, APPLICABLE LAW AND NULLITY OF CERTAIN PROVISIONS

These terms, as well as any other contract on ItSoft services, shall be regulated and interpreted according to the laws of the Republic of Croatia, regardless of the conflict between legal principles.

The User consents to personal and exclusive jurisdiction of Croatian courts in resolving claims and disputes. If for some reason any provision of these Terms is considered or becomes null or impracticable, such nullity not influence the remaining provisions of these Terms and those null or impracticable provisions shall be replaced by provisions acceptable to both parties, and whose validity, legality and enforceability is closest to the original intentions of parties involved, and have a possible economic effect.

FORCE MAJEURE

ItSoft shall not be liable for a failure to perform any provisions of Terms if this failure is a result of force majeure – events that are beyond the control of contracting parties and independent of their will, that directly influence the performance of contractual obligations and whose occurrence is not a consequence of inattention by one of the contracting parties and that could not have been foreseen or avoided, including wars, rebellions, civil unrest, natural disasters, earthquakes, fires, floods, explosions, lack of manpower or material, transportation problems, accidents, embargo or state restrictions (jointly: “force majeure”). ItSoft shall do everything to minimize the consequences of force majeure. Regardless of the provision of these Terms, lack of financial resources shall not be considered a force majeure, nor shall a force majeure relieve the Client of liability to pay for existing obligations.

ACCEPTANCE OF TERMS AND EXCLUSIVENESS

The Terms, together with all other contracts on provision of services represent a full understanding and agreement between ItSoft and its Users. Unless otherwise is contracted, exclusively in a written form and signed by ItSoft’s authorized representative, these Terms replace any other written (including digital/computerized) or verbal agreement. These Terms, and/or any other connected individual contract on ItSoft services, are concluded exclusively between ItSoft and its Users, and do not transfer rights to any other third party, unless otherwise is contracted.

THIRD PARTIES

The User agrees that certain services may be delivered by third parties and that such services may be a subject of additional contracts, policies and conditions relative to conditions of these Terms.

SERVICES OF AUTHORIZED REGISTRARS

Regarding the registration services for internet domains, where a third party is appointed to represent you, you agree that if ItSoft or registrar do not receive a response to a communication within 48 hours, the sender of such communication may, at their own discretion, suspend or revoke any or all services in the aforementioned situation.

REVOCATION; CANCELLATION OF SERVICE

ItSoft retains the right to immediately suspend, revoke, transfer the ownership or change the leased service for following reasons:

  • failure to comply with these Terms
  • use of service that is contrary to the applicable laws or generally accepted rules of use of internet business, including sending unwanted advertising messages or other types of spam, creation or sending of threats, abuse or insults.
  • use of service of registration of domain name in connection with unethical activities,
  • ItSoft’s receipt of an order from a competent court or of an arbitration decision, or
  • on any other grounds that represent a legal risk for the Company according to ItSoft’s assessment.

The User agrees that he shall not receive any compensation in the case of such suspension, revocation, transfer or change of registered domain.

 

LIMITATIONS FOR USERS OF VIRTUAL AND DEDICATED SERVERS

Because of threat of DDoS attacks and licensing problems, it is strictly prohibited to start game servers on virtual and dedicated servers.

 

LIMITATIONS FOR USERS OF WEB HOSTING SERVICES

The following Terms apply only to Users of web hosting services and supplement the Terms that apply to all Users:

SERVER RESOURCES

The User of each website that uses a large amount of server resources (such as, without limitation: processor use, memory use and network resources use) shall be offered an option to pay the use of resources above the limitations, to limit the use of server resources to a reasonable level or to upgrade the hosting package. Each web hosting account that has significant adverse effects on performance of servers shall be suspended without prior notification.

SCRIPTS

Each script that represents a potential danger or that can adversely affect the performance of servers or network integrity shall be removed without prior notice. ItSoft does not allow sharing of scripts with domains that are not hosted by ItSoft or of any scripts that may be abused.

MULTIMEDIA FILES

The multimedia files are defined as any graphic, audio or video file. ItSoft web hosting accounts may not be used for the purpose of distribution and storing of large quantities of multimedia files. If the quantity of such files exceeds 50% of content stored on server, such account shall be checked and, if necessary, suspended.

 

TERMS OF PAYMENT OF SERVICES

 The following provisions comprise ItSoft’s Terms of payment of services and are applied to all Users:

PAYMENT

All amounts are show in HRK, USD or EUR. Payments are made in chosen currency.

ItSoft accepts the following payment methods:

  • online card payment
  • payment to the company’s account
  • Paypal payment

PAYMENT CYCLES

ItSoft offers a few cycles for payment of subscription services (recurring payments): monthly payment, quarterly payment (3 months), semi-annual payment (6 months), etc.

The payment cycle starts at the moment when the leased service is activated. The User may change the payment cycle whenever he wishes to, but the new payment cycle becomes effective at the moment when the previous cycles expires. Certain additional options are paid on a monthly basis and do not have a refund option.

PAYMENT DELAY

All receipts for services that are paid in cycles are charge according to the day of activation of the service. The services that are not extended within 2 days from the expiration of the initially leased period shall be automatically suspended. If the service is not extended after 30 days from the expiration of the initially leased period, the service shall be revoked and all files and settings related to the service shall be permanently deleted. The User shall receive an e-mail notice for each of the activities he needs to undertake so that the service can function without interruptions.

SERVICE LEASE RENEWAL

In order to secure the uninterrupted availability of hosting service, all packages are automatically renewed with the expiration date of the previously leased period. The new period and price are determined according to the previous lease period. Therefore, the packages are renewed for duration equal to the previous period. If you wish to cancel the package before the expiration of the period, read the section Cancellation.

OFFERS AND ACCOUNTS

ItSoft does not send invoices and receipts by mail. Instead of that, each offer and receipt shall be sent by e-mail with a PDF file attachment.

Each offer and each receipt may be reviewed at any time through user pages.

CHANGES OF HOSTING PACKAGE

ItSoft does not charge a fee for a hosting package upgrade, but the User shall be charged with the difference between the amounts for installation and setup of packages, if such fee exists.

CANCELLATION OF HOSTING SERVICE

Hosting accounts are automatically renewed as long as they are duly paid for. The cancellation of hosting service is activated automatically by not paying the offer to extend the lease or personally by making a user request to cancel the service.

ItSoft retains the right to cancel any hosting account, without notification and for any reason for which ItSoft decides is appropriate.

 

OTHER PROVISIONS

 

MONEY REFUND

ItSoft offers a full 30-day money refund guarantee, minus the possible licence expenses.

To achieve a money refund, the user is obliged to send a reasoned written request via mail or e-mail.

The money refund does not apply to domains and other supplements paid alongside of web hosting, and which are leased by ItSoft from third parties.

The fees for account installation, registration of domains and third party licences do not offer a money refund.

PRICE LIST AND CHANGES OF PRICES

ItSoft’s provisions and prices may be changed at any time and without prior notice. Each change of price becomes effective in the following lease period.