Terms of service

Terms of service is a document clarifying further conditions under which services are provided to customers.

I. Basic provisions

  1. These Terms of Service (hereinafter referred to as “Terms”) are governed by the General Terms and Conditions (hereinafter referred to as “Terms and Conditions”) issued pursuant to Section 1751 et seq. of Act No. 89/2012 Coll., the Civil Code (hereinafter referred to as the “Civil Code”)
  2. These Terms and Conditions regulate the mutual rights and obligations of the Provider and a natural person who uses the Services outside its business as a consumer or in the course of its business (hereinafter referred to as “Customer”) through the Provider's website.
  3. The Services are provided without any claim for damages, profits or other compensation incurred in connection with the unavailability of services or data loss.

II. Rights and obligations of the customer

  1. The customer may use the server resources allocated to him as a result of setting up the service. The use of server resources by one customer is limited by the provider only in the case of administration and system tasks of the server and in case of excessive load of the server by the customer in cases that could cause disadvantage of other customers when using the service.
  2. Customer may not use the Service unlawfully or use the Service in such a way as to violate the rights of the Provider, third parties or cause disadvantage to other Customers in shared use of Server resources. Violation of this article entitles the provider to suspend or cancel the service.
  3. Customer may not use the provided resources of the server in a way that would gain an unjustified advantage over other customers, or in such a way that could disrupt the operation of the provider's services. In particular, an attempt to disrupt the security and continuity of service operation is considered a serious breach of the Customer's obligations.
  4. The Customer only uses the methods specified by the Provider (FTP, phpMyAdmin, etc.) to access the Service.
  5. Customer is responsible for the technical accuracy and security of all applications, scripts and programs that he places on the server. Security responsibility applies in particular to the possibility of misuse of an application, scripts or programs by a third party for unauthorized use of server resources (e.g. allowing third parties to run arbitrary PHP and other code, arbitrary SQL queries under a customer's assigned identity).
  6. If the Provider asks the Customer to remove safety defects, the Customer is obliged to remove these defects immediately, but no later than within 24 hours. If the customer is unable to remove the defects within 24 hours, he is obliged to remove the application from the server. If the Customer fails to do so, the Provider has the right to suspend the service until the defects are remedied.
  7. The Customer undertakes to immediately notify the Provider of any technical or security defect of the Service by e-mail sent to info@mixhosting.cz.
  8. The Customer is responsible for all damages caused by using the service. The Provider is entitled to claim damages from the Customer. Compensation for damages shall mean, in particular, the time spent by the Provider to remedy a defective condition caused by unauthorized or unprofessional use of the Services and damage incurred by third parties and customers. Spent time is charged by CZK 1000 for each commenced hours of work of the Provider in removing the defective condition.
  9. When ordering a domain name registration or transfer service, the customer automatically agrees with the rules of registration and operation of the given type of domain name (e.g. for .cz domains - according to CZ NIC, .eu domains according to EURid and the like).

III. Provider's rights and obligations

  1. The provider is obliged to ensure the continuous operation of the service. Exceptions to this obligation are circumstances that are not influenced by the Provider and cannot be prevented (e.g. force majeure, accidents, outages of public telecommunication networks, etc.), or acts necessary to ensure the Provider's services (e.g. hardware maintenance, software updates, etc.).
  2. The Provider is obliged to monitor the traffic on the server and to continuously manage the server for optimal service operation.
  3. The domain name is registered by the provider on the basis of accepting the payment for the domain name according to the conditions and valid price list published on the provider's website. The domain registration and payment of the registration fee to the domain registrar will be done by the provider immediately after receiving the payment from the customer.
  4. The Provider is not responsible for the registration of a new domain name by another subject in the period between the order of services and the attempt to register the domain by the Provider.
  5. The provider uses the data provided by the customer to register the domain name. The Provider is not liable for possible errors caused by incorrect or incomplete information provided by the Customer.
  6. In the event of a delay in payment for the Service, the Provider is entitled, even without prior notice, to suspend the provision of the Service until the full payment is made.
  7. The Provider has the right to discontinue the service and remove the Customer's data that is in delay with payment for more than 21 days.
  8. The Provider has the right to suspend the service to the Customer in cases where the operation of the Customer's application causes or could damage other customers or the Provider, and also in cases of breach of the Customer's obligations. In such cases, the Provider may suspend the service without prior notice.
  9. The provider has the right to unilaterally change the service parameters. If the service parameters are changed, the provider shall provide a description of the change on the provider's website.
  10. The provider is not responsible for loss or damage of data.
  11. If the domain name is changed in such a way that the domain name cannot be operated according to the original agreement (especially the change of NS records, technical contact, etc.), the provider is not obliged to continue to provide the contracted services. This is considered to be a notice of termination by the customer without giving reasons.

These terms and conditions come into effect on 25.5.2018.