Hosting services agreement

The provisions of the Hosting Services Regulations constitute the regulations for the provision of services by electronic means within the meaning of Article 8(1)(1) of the Act of 18 July 2002 on the provision of services by electronic means (Dz.U. 2002, No. 144, item 1204, as amended), performed by Host4Biz sp. z o.o., with its registered office in Warsaw at ul. Świeradowska 47, 02-662 Warszawa, entered in the register of entrepreneurs kept by the District Court for the Capital City of Warsaw, 13th Commercial Division of the National Court Register, under KRS number 0000566570. Contact telephone +48 22 307 97 57.

§ 1. Definitions

Regulations — these «Regulamin świadczenia Usług Hostingowych» (Hosting Services Regulations) constitute the Agreement setting out the rights and obligations of the Client and the Operator.

SLA Document — the document «Service level agreement (SLA)», which sets out, among other things, the Operator's undertakings as to the quality standards of the hosting services it provides.

Agreement — the agreement for the provision of hosting services, of which the following form an integral part: the Regulations, the WSU Document, the PWZ Document, the SLA Document and the Technical specification of services.

WSU — the document «Warunki Świadczenia Usług» (Terms of service), which sets out how the services provided by the Operator may be used.

PWZ — the document «Resource usage policy», which sets out how the Client may use server resources.

Hosting services — the package of services specified in the Operator's offer.

Technical specification of services — the itemised list of services together with their parameters, which make up the package of hosting services provided by the Operator to a given Client under the Agreement.

Operator — the provider of internet services whose details are given in the Agreement or on the web pages carrying the offer of hosting services, and the publisher of the Regulations.

Client — a legal person, a natural person or an organisational unit without legal personality that has placed an Order or concluded an Agreement.

User — a natural or legal person or an organisational unit without legal personality that uses the Operator's hosting services under an authorisation granted by a Client who is a Reseller.

Reseller — a natural or legal person offering hosting services to its own clients under its own brand, using a Host4Biz reseller hosting account for the purpose. A reseller account is a type of hosting in which the account holder may create and sell sub-accounts to its own clients (Users within the meaning of this Agreement).

Consumer — a natural person who concludes an Agreement with the Operator for a purpose not directly connected with their business or professional activity.

Subscription fee — the monthly, quarterly, half-yearly, annual or two-yearly fee, charged in advance and in line with the current prices of the services, for the Client's use of the hosting services provided by the Operator.

Subscription period — the period of time (a month, a quarter, half a year, a year or two years) for which the Operator settles the fee for the hosting services provided to the Client.

Order — the Client's order for the hosting services provided by the Operator, in whatever form it was placed. An order of hosting services for a Trial period is also an Order.

Pro forma invoice — the document issued by the Operator before the Client pays the Subscription fee, and which forms the basis for that payment.

Trial period — the period of time indicated by the Operator during which specified hosting services are provided to the Client free of charge so that the Client can test their quality.

Activation of hosting services — the Operator making available on the internet the hosting services that were the subject of the Order.

Availability of hosting services — the visibility of the hosting services at the first router outside the Operator's network.

Billing data — the Client's data enabling the Operator to issue an Invoice or a Pro forma invoice correctly.

Contact data — the Client's data enabling contact and postal correspondence with the Client, its representative or its attorney.

Spam — unsolicited commercial information sent by means of electronic communication within the meaning of Article 10(1) of the Act of 18 July 2002 on the provision of services by electronic means (Dz. U. 2002, No. 144, item 1204, as amended).

Netiquette — the set of rules and good practice adopted by people using the internet: https://en.wikipedia.org/wiki/Etiquette_in_technology

Client Zone or Client Panel — the administrative tools made available by the Operator, with which the Client can manage a defined range of the hosting services it holds.

§ 2. General provisions

The Operator provides hosting services to the Client on the terms set out in the Regulations, of which the Terms of service (WSU), the Resource usage policy (PWZ), the SLA Document and the Specification of services form part.
The provisions of the Regulations set out the rights and obligations of the parties to the Agreement.
The Regulations bind the Client regardless of the form in which the Agreement was concluded.

§ 3. Order

The Operator provides the hosting services itemised in the Operator's offer at https://host4.biz.
The Operator activates the hosting services after receiving an Order containing at least: an unambiguous indication of the package of hosting services ordered, the Billing data and the Contact data. Where the Order is placed by a Client who is a Consumer, the Order also contains that Client's statement consenting to the provision of the hosting services beginning before the 14-day withdrawal period expires.
The Operator reserves the right to activate the hosting services, or to enter the Client's domains into the DNS servers, only after the Client has paid the Subscription fee.
An order may only be placed if the Client declares that it has read and accepts the content of the Regulations, the WSU Document, the PWZ Document and the SLA Document.
An Order may be placed in any form indicated by the Operator in its information materials or in its offer. In particular, an Order may be placed in writing and by fax, by e-mail or through the form on the website through which the Operator offers the hosting services.
Activation of the service may be preceded by verification of the Client's data as given in the Order, including a request to present originals or certified copies of documents confirming that the data given in the Order is true.
The Operator may refuse to carry out an Order where particular circumstances arise, including:
a. use of the hosting services to publish content that infringes the rights of third parties or the provisions of applicable law,
b. use of the hosting services to publish content that may harm the Operator's reputation or the quality of the services the Operator provides to other Clients,
c. use of the services otherwise than as intended, above all in a manner that breaches the provisions of the Regulations and their component documents.

§ 4. Conclusion of the Agreement

The Operator provides hosting services on the basis of an Agreement concluded with the Client.
The Agreement may be concluded in writing or in another form. In particular, the Agreement may be concluded by the activation of hosting services following the Operator's receipt of an Order.
The Agreement is concluded when it is signed or when the hosting services are activated, whichever comes first.
The Agreement is concluded for an indefinite period and settled in subscription periods, unless the Agreement states otherwise.
Conclusion of the Agreement is confirmed by the Operator issuing an invoice or a pro forma invoice covering the Subscription fee for the first Subscription period.

§ 5. Rights and obligations of the parties to the Agreement

Under the Agreement the Operator undertakes to enable the Client to use the hosting services it has purchased, and the Client undertakes to pay the Subscription fees on time. The Operator and the Client further undertake to perform all the other obligations set out in the Agreement, the Regulations and the WSU Document, the PWZ Document and the SLA Document.
On concluding the Agreement the Client undertakes:
a. to give current and true Contact data and Billing data and to keep that data up to date,
b. to use the hosting services in accordance with the rules set out in the Regulations, the WSU Document, the PWZ Document, the SLA Document and with generally applicable law, social and customary norms and the rules of Netiquette,
c. to use the hosting services in a way that does not infringe the rights of third parties (in particular their personal rights and copyright),
d. not to attempt to obtain the access credentials of other Clients or Users,
e. to cooperate in combating unlawful acts of Users to whom the Client makes the hosting services available, and in particular to disclose, at the request of the competent public authorities, data enabling a given User to be identified,
f. to inform the Operator of any changes that affect or may affect performance of the Agreement,
g. not to take action harmful to other Clients and Users,
h. to refrain from using the hosting services to publish, make available or distribute content contrary to applicable law or to social norms, and in particular:
— pages, graphics, texts, audio and video recordings and material containing pornographic content,
— sites with erotic or «warez» content (that is, containing illegal software),
— promoting phonographic or software piracy,
— disseminating techniques for breaking access codes,
— disseminating knowledge used to create computer viruses,
— containing obscene or vulgar content,
— inciting hatred, in particular on grounds of race, sex, nationality, citizenship or sexual orientation,
— offending religious feelings or questioning the right to hold no religion,
— promoting the ideologies of Nazism, communism or apartheid, or questioning historical truth,
— infringing the personal rights of any third parties,
— infringing the intellectual property rights of third parties, including rights to a trade mark or other distinctive signs, and copyright and related rights,
— promoting, encouraging or instructing in criminal activity, including cracking or phreaking,
— crafted in a way that may threaten the proper functioning of the equipment and the ICT system through which the hosting service is provided,
— links to files and pages containing the content listed above,
i. to refrain from hosting sites whose elements are used by other sites not maintained by the Operator,
j. to refrain from placing on the server files, scripts or programs that may disrupt the functioning of the links, the server or the websites of other Clients, Users or third parties,
k. not to use the hosting services to send Spam; in particular it is prohibited:
— to use address databases bought over the internet to send e-mail,
— to use address databases obtained in any other way without the prior consent of everyone whose address is in the database,
— to send correspondence to more than 100 e-mail addresses at once; the exception here are mailing (discussion) lists that one can subscribe to and unsubscribe from by entering one's address on a web page. Software for creating such lists is made available by the Operator on selected services,
— to send bulk correspondence by other electronic means without documented consent from the recipient to receive it,
l. not to send (alone or through third parties) Spam advertising websites running on the Operator's servers or referring in any way to resources stored on the Operator's servers — including not sending such Spam using third-party infrastructure,
m. to notify the Operator at least 24 hours in advance of any intention by the Client or a User to install components whose operation may generate transfer exceeding 100 GB per day,
n. to keep up to date with the changes the Operator makes to the Regulations and to the WSU, PWZ and SLA Documents,
o. to pay the Subscription fees on time.
The Client bears full responsibility for how the hosting services made available by the Operator are used. In particular, the Client is responsible for how Users use the hosting services.
Where the Operator obtains information that the Client or a User is using the hosting services in a manner contrary to generally applicable law, the Operator has the right to pass the Client's Contact data to the competent public authorities.
On receiving official notification of the unlawful character of data stored on the server by the Client or a User, or of activity connected with it, the Operator has the right to block access to that data and to block the provision of the hosting services. In connection with such action the Operator is not liable to the Client or the User for damage arising from access to that data being blocked.
On obtaining credible information about the unlawful character of data stored on the server by the Client or a User, or of activity connected with it, the Operator has the right to block access to that data and to block the provision of the hosting services. In connection with such action the Operator is not liable to the Client or the User for damage arising from access to that data being blocked.
The Client consents to the Operator modifying the global and individual parameters of the hosting account where the purpose of doing so is to improve the quality and security of the services.

§ 6. Subscription fees

The fee charged by the Operator for providing hosting services to the Client is the Subscription fee. Its amount is set in accordance with the current prices in the Client Panel applicable at the Operator on the day the Order is placed.
The Subscription fee is solely the fee for the ability to use the hosting services set out in the Specification of services. In particular, the Subscription fee does not cover: the cost of obtaining access to the internet, telecommunications charges, the purchase of equipment or software for using the hosting services, the purchase of a domain of one's own, the design, running and administration of websites, or the configuration of a computer system at the Client's or a User's premises.
The Subscription fee is charged for the whole Subscription period in advance.
The Client may change the length of the Subscription period provided it gives the Operator instructions to that effect before the current Subscription period ends. A change in the length of the Subscription period takes effect at the start of the new Subscription period.
The Client pays the Subscription fee on the basis of the invoice or pro forma invoice received. The invoice or pro forma invoice is delivered by e-mail.
The Operator issues and sends the Client an invoice in electronic form, to which the Client consents. The Operator sends the invoice to the e-mail address given by the Client when placing the order. The Client has the ability and the obligation to keep that e-mail address up to date in the Client Panel. That address is available in the Client Panel.
The Subscription fee is payable by bank transfer or through the electronic payment systems the Operator uses, by the date given on the invoice or pro forma invoice. The Client is obliged to state the payment title on the transfer order unambiguously. Payment is made when the Operator's bank account is credited. If payment is late, the Operator has the right to charge statutory interest, and will additionally notify the Client and set an additional deadline for paying the Subscription fee. If no payment is made by that additional deadline, the Operator reserves the right to block access to the hosting services until the Client pays the Subscription fee. If payment of the Subscription fee is more than 21 days late counting from the expiry of the additional deadline set by the Operator, the Operator has the right to terminate the agreement without setting a further deadline for payment. On termination the Operator has the right to delete the configuration of the Client's hosting services, the accounts created by the Client or by Users and all data saved within those accounts.
Termination of the Agreement under the preceding sentence does not affect the Client's obligation to pay the Subscription fee for the whole Subscription period already started.
Online transfer payments are made through Paysera, PayPal or other systems. The Client chooses the payment operator.
Rules for making payments through Paysera, PayPal or other systems:
a. payments through Paysera, PayPal or other systems may be made by persons entitled to use the payment instrument on the basis of which the payment is made; in particular, a given payment card may be used only by its authorised holder,
b. the Operator makes the appropriate transaction form available at https://host4.biz. The data from the form is passed automatically to Paysera, PayPal or the other service,
c. once the Client approves the transaction and selects payment through Paysera, PayPal or another system, the Client is redirected to that system's website,
d. to confirm the payment, the Client should confirm it on the website of Paysera, PayPal or the other system in accordance with the rules set by that system,
e. the security of the transaction is ensured and guaranteed by the operator of Paysera, PayPal or the other system.
Subject to paragraph 12, the Subscription fee paid by a Client who is not a Consumer is indivisible, which means that a Subscription fee cannot be paid for a period shorter than the Subscription period chosen.
Subject to paragraph 12, the Subscription fee is not refundable where the Client terminates the agreement or declares that it is giving up the hosting services.
A Subscription fee that has been paid is refundable only in the following cases:
a. termination of the Agreement by the Operator, except for termination caused by improper use of the services by the Client or a User,
b. the Client is a Consumer.

In the cases listed above the Subscription fee is refunded pro rata, taking into account the time for which the Operator provided hosting services to the Client.

§ 7. Renewal of the Subscription period

During the last month of the Subscription period paid for, or after the start of a new Subscription period (at the Operator's choice), the Operator will issue a Pro forma invoice or an invoice covering the Subscription fee for the next Subscription period. The amount of the Subscription fee is set in accordance with the current prices in the Client Panel applicable at the Operator on the day the Pro forma invoice or the invoice is issued and, in the case of a Client who is a Consumer, applicable on the day the agreement was concluded, subject to § 17(6)—(9).
The Subscription fee is paid in accordance with the rules set out in § 6.
Failure by the Client to pay for the next Subscription period by the date given on the Pro forma invoice or the invoice entitles the Operator to suspend the provision of the hosting services until the Client pays the Subscription fee.
Failure by a Client who is a Consumer to pay for the next Subscription period by the date given on the Pro forma invoice or the invoice entitles the Operator to charge statutory interest and to call on the Consumer to pay within 7 days of the demand being delivered.
Subject to paragraph 7 of this section, failure by the Client to pay the Subscription fee for the next Subscription period within 21 days of the date given on the Pro forma invoice or the invoice entitles the Operator to delete the configuration of the Client's hosting services, the accounts created by the Client or by Users and all data saved within those accounts. The Agreement expires when the Operator deletes the configuration, the accounts and the data referred to in the preceding sentence. Where the agreement was concluded with a client who is a Consumer, the consequences provided for above arise after the expiry of an additional deadline set by the Operator in its demand for payment of the Subscription fee.
Where the Operator has issued a Pro forma invoice, the Operator will issue an invoice immediately after the Client pays the Subscription fee.
Paying the Subscription fee makes the Client independent of changes in the prices of the services. Any change in the prices of the services after the Client has paid the Subscription fee does not affect the amount of the Subscription fee due to the Operator until the end of the Subscription period paid for.

§ 8. The right to limit and to withhold the provision of hosting services

The Operator reserves the right to block the Client's ability to use all or some of the hosting services indefinitely, and the right to block the use of specified databases, scripts, e-mail and http services, without prior notice, in the following cases:
a. causing overload of the server or of other elements of the infrastructure made available by the Operator,
b. a likelihood of a significant deterioration in the quality of the services provided to the Operator's other Clients,
c. a likelihood of the Client causing a Failure,
d. failure to comply with the Regulations and the WSU, PWZ documents.
In the above cases a Consumer is entitled to a partial refund of the Subscription fee in proportion to the period in which the services were not provided.
The Operator reserves the right to block the Client's ability to use all or some of the hosting services indefinitely and without prior notice where it becomes likely that the hosting services purchased are or will be used for:
a. publishing or making available content prohibited by generally applicable law,
b. publishing or making available content that infringes the rights of third parties, in particular economic copyright,
c. sending Spam,
d. maintaining content or sites referred to in § 5(2)(h) to (j) of the Regulations.
Where the Client is a Consumer, the Operator is obliged to notify it of its intention to take, and the reason for taking, the action set out in paragraphs 1 and 2, subject to § 5(4)—(6).
In the case referred to in paragraphs 1 and 2 the Client has the right to appeal against the Operator's decision by lodging an objection with the Operator. The burden of proving that there were no grounds for blocking the service or services rests with the Client.
If the action referred to in paragraphs 1 or 2 causes damage to the Operator, the Operator will bring a claim for damages against the Client.
Where the Operator has blocked access to a service for reasons on the Client's side, the Operator may unblock access to the service after receiving, by e-mail to [email protected], a request to unblock the service and establishing that the Client has stopped breaching the Regulations and the WSU, PWZ documents.
The Operator reserves the right to withhold the provision of hosting services indefinitely during a Trial period if hosting services previously provided to the Client were blocked because the Subscription fee was not paid or because the Regulations or the Agreement were breached, or if the Client is using the hosting services in a way that goes beyond testing and trials.

§ 9. Managing the hosting services

The Operator provides the Client with administrative tools for managing the individual hosting services remotely. Depending on the package of hosting services purchased, the Operator gives the Client access to administrative tools for, among other things:
a. managing domains and configuring the hosting services,
b. managing subdomains and configuring the hosting services,
c. managing all mail services in an internet domain,
d. managing a single mail account.
Access to the administrative tools is possible through a web browser after entering the access credentials (username and password). The Client undertakes to protect its access credentials so that unauthorised third parties cannot use them.
The Client may authorise third parties to use the administrative tools.
Entering and updating the Client's data, choosing and accepting a payment method and monitoring the state of settlements are done through the Client Zone Panel.
The Operator is not liable for the consequences of third parties using the administrative tools for reasons entirely beyond the Operator's control or arising solely from the fault of the injured party. The Operator undertakes to take all technically possible and justified steps to protect the data gathered in the Client Zone Panel from access and interference by third parties, and from unauthorised use of the Client Zone Panel.

§ 10. Technical requirements

Using most of the administrative tools requires a computer connected to the internet and equipped with Microsoft Explorer version 8.0 or higher, Mozilla version 4.0 or higher, Opera version 11.0 or higher, or Chrome version 10 or higher. We recommend using the latest available browser versions.
Using some administrative tools, or some of their functions, may also require software other than that specified in point 1. In such a case the Operator is obliged to include in its offer of hosting services a specification of the software required to use those functions or administrative tools.

§ 11. Service quality guarantee

The Operator grants the Client a service quality guarantee, the terms of which are set out in the SLA Document.
The service quality guarantee lasts for the duration of the Agreement.

§ 12. Principles of the Operator's liability

The Operator is liable for damage caused to the Client by non-performance or improper performance of the Agreement, unless that non-performance or improper performance results from circumstances for which the Operator is not responsible.
In particular, the Operator is not liable for damage arising from:
a. the hosting services being unavailable through no fault of the Operator,
b. the hosting services being unavailable because of factors and third parties (faults in cables, equipment or software in the networks of telecommunications or mobile operators and the like) that the Operator could not influence and could not prevent,
c. improper use of the hosting services (in particular, the Operator has no way of protecting a User's e-mail account against the User's own fault in letting it overflow, which in extreme cases can lead to a technical block — for example because overdue correspondence is not removed from the server, or because of so-called mailbombing provoked by the User's behaviour),
d. untrue or incomplete data given in the Order,
e. untrue or incomplete Contact data or Billing data, or a failure to keep that data up to date,
f. breach by the Client of the provisions of the Agreement, the Regulations or the WSU, PWZ documents,
g. use of information, materials and software downloaded from the internet,
h. the cessation, limitation or improper operation of services provided on a generally available basis by entities independent of the Operator,
i. failure to deliver an e-mail message for reasons beyond the Operator's control,
j. the Client or a User receiving or sending an e-mail message containing a computer virus file,
k. disclosure of the content of e-mail messages resulting from the Client or a User disclosing the access credentials to the e-mail account (that is, the account name and password), or resulting from other events for which the Operator is not responsible.
The above provisions do not apply to agreements concluded with Consumers.
The Operator will make every effort to provide the hosting services continuously, without interruption and to the highest standard. However, the Operator is not liable for any direct, indirect, incidental, consequential, special or moral loss (even if such damage was foreseeable or the Operator was notified of, or knew of, the possibility of it occurring) arising from the fulfilment or non-fulfilment of any of the terms of the Agreement or the Regulations (including damage suffered by Users), such as loss of revenue or of expected profits, or loss of the ability to carry on business. The above exclusion of liability does not apply to agreements concluded with Consumers. Nor is the Operator liable for acts of force majeure, cataclysms or natural disasters (for example hurricane, flood, fire and the like).
In no case will the Operator be liable for damage whose value exceeds the value of the Subscription fees paid by the Client in the Subscription period in which the damage occurred. The above provision does not apply to agreements concluded with Consumers.
A Client who is not a Consumer may pursue claims against the Operator in court only after exhausting the complaints procedure.
The Operator reserves the right to:
a. occasional short interruptions in the operation of the Network causing the hosting services to be unavailable, without giving reasons; this provision does not apply to Clients who are Consumers,
b. cease providing the hosting services immediately and terminate the Agreement where the Client or a User breaches the provisions of the Agreement, the Regulations or the WSU, PWZ documents; this provision does not apply to Clients who are Consumers,
c. block or delete a mail account whose name suggests that it is an account used by the Operator, which could mislead other Clients or Users,
d. block specified sender addresses, or whole domains and IP addresses, on the Operator's servers where:
— the senders of those messages infringe, or may infringe, the legally protected interests of Clients or Users (in particular where Spam is being sent),
— the Operator's mail system is exposed to loss or instability,
— the Regulations, the Agreement or the WSU, PWZ documents are breached.
The Operator makes every effort to keep the technical solutions made available to Clients and Users within the hosting services at the highest technological level available. This does not, however, mean that they will always be sufficient to protect the contents of Clients' and Users' accounts completely against third-party intrusion or password cracking, or against infection of the contents of those accounts by computer viruses.
The Operator does not guarantee that the «SMS notification» service, where it is offered, will work fully, because the ability to provide it depends on the technical conditions applied by mobile network operators.
The Operator undertakes to give current information about planned Maintenance windows by e-mail and/or by messages in the Client Panel.
The Operator is not liable for the loss of the credentials used to manage the Operator's hosting services, or for their use by an unauthorised person.
Where the Operator makes it possible to use the services of third parties (Partners), the Operator is not liable to Clients for the consequences of Clients using those services.

§ 13. E-mail — antivirus protection and the unwanted message filter

E-mail messages sent to or from the servers through which the Operator provides the hosting services are scanned by an antivirus scanner. However, because of the way computer viruses spread, the Operator does not guarantee full protection against every threat they may cause. The virus database is updated at least once a day. An e-mail message in which a virus is detected is deleted automatically.
The Operator points out that no antivirus system is 100% effective at detecting computer viruses. The Operator is therefore not liable for any damage caused by the action of a computer virus.
To increase the security of data, the Operator recommends using regularly updated antivirus software on the local computer through which the e-mail services are used.
Within the administrative tools made available by the Operator, the Client can switch on an unwanted message (Spam) filter. The Operator does not, however, guarantee that the software running that filter is fully effective.

§ 14. Complaints procedure

Complaints may be submitted by e-mail to [email protected].
A complaint should contain at least:
— identification of the Client, including the Client's Contact data,
— a statement of what the complaint concerns together with the reasons for making it,
— the date and signature of the Client or of a person authorised to represent the Client.
The Operator will reply to a complaint within 14 days of receiving it.

§ 15. Protection of personal data

The Operator, as their controller, processes Clients' personal data in accordance with the rules set out in the Act of 29 August 1997 on the protection of personal data (Dz. U. 2002, No. 101, item 926, as amended) and in the Act of 18 July 2002 on the provision of services by electronic means (Dz.U. 2002, No. 144, item 1204, as amended).
The Operator processes Clients' personal data solely to the extent set out in the Billing data and the Contact data, in order to give effect to the Agreement and these Regulations, to which the Client freely consents on concluding the Agreement.
On concluding the Agreement the Client declares that it is aware of its right to access the content of the data and to correct the personal data belonging to it.
On concluding the Agreement the Client consents to the processing of its personal data, including in the future, for the purposes necessary to fulfil the order and provide the services, and confirms that it has read the Privacy policy applied on the Host4Biz platform.
On opening an account in the Client Zone the Client consents to receiving commercial information about the Operator and its offer, and to the processing of its personal data for that purpose and for the purposes of promotion, advertising and market research, unless it has objected. On opening an account in the Client Panel, a Consumer consents to the Operator using their data for the purposes of promotion, advertising and market research.
The Operator undertakes to protect personal data against access by unauthorised third parties and not to make it available to other entities.

§ 16. Termination of the Agreement

The Agreement may be terminated by either party on one month's notice. The notice period begins on the first day of the month following the month in which notice was given.
The notice period for an Agreement for a Trial period is 3 days, counted from the day the notice is given.
Notice of termination always has to be given in writing, on pain of nullity, regardless of the form in which the Agreement was concluded.
Subject to paragraph 5, a Client who is a Consumer has the right to terminate the Agreement by submitting a written statement of withdrawal from the Agreement within 14 days of the date it was concluded. A model statement of withdrawal in that form is attached to the Regulations.
Under Article 38 of the Consumer Rights Act, a Client who is a Consumer has no right of withdrawal where:
a. the provision of services began, with the consent of the Client who is a Consumer, before the deadline set out in paragraph 4 of this section expired,
b. the contract concerns audio and visual recordings and data recorded on computer media, after the consumer has removed their original packaging,
c. the contract concerns performances whose price or fee depends solely on movements in financial market prices,
d. the contract concerns performances with characteristics specified by the Client who is a Consumer in the order placed, or closely connected with that person,
e. the contract concerns performances that by their nature cannot be returned, or whose subject matter deteriorates rapidly,
f. the contract concerns the supply of the press,
g. the contract concerns gambling services.
The Agreement expires:
a. in the cases referred to in § 6(7) and § 7(5) of the Regulations,
b. at the end of the Trial period, if no Subscription fee was paid while it lasted.
The Operator has the right to terminate the Agreement with immediate effect and to stop providing the hosting services where:
a. the Client or a User breaches the provisions of the Regulations, the Agreement or the WSU, PWZ documents,
b. the Client or a User breaches applicable law or the rules of Netiquette,
c. the Client or a User uses the hosting services otherwise than as intended,
d. the Client or a User uses the hosting services in order to cause damage to the Operator or to other Clients or Users,
e. the Client or a User takes action that results in any of the obligations set out in § 5(2)(h) to (l) of the Regulations not being met.
Where the Client is a Consumer, the Operator informs it in writing of its intention to take the action set out in this paragraph, indicating the breaches referred to in points a—e, and at the same time setting a deadline of not less than 3 days for stopping them. The exception is a situation in which the Consumer's activity has a negative effect on the quality of the services provided by the Operator. In such a situation the Operator has the right to demand immediate action by the Client to eliminate the problem. If, despite the deadline set, the Client who is a Consumer does not stop the breaches referred to in points a—e, the Operator has the right to terminate the agreement with immediate effect and stop providing the hosting services.
The Subscription fee for the unused part of the Subscription period will be set off against the Operator's claim on the Client for a contractual penalty of a guarantee nature for improper performance of the obligation, the amount of which will equal the Subscription fee for the unused part of the Subscription period during which the hosting services would have been provided to the Client had it performed the obligations undertaken in the Agreement properly.
The Client may terminate the Agreement by cancelling the service in the Client Zone, at its choice with effect 24 hours after the service is cancelled or at the end of the subscription period.

§ 17. Final provisions

Where the Agreement is concluded in writing, the provisions contained in the Agreement that differ from the provisions of the Regulations replace the provisions of the Regulations that are inconsistent with the Agreement.
The language applicable to agreements concluded with the Operator is Polish.
In matters not governed by the Regulations, applicable law applies, in particular the provisions of the Civil Code, the Act on the provision of services by electronic means and the Act on the protection of personal data.
The Regulations, the WSU Document, the PWZ Document, the SLA Document and the Specification of services are available on the Operator's website at https://host4.biz/docs.
The Client may obtain, reproduce and record the content of the Regulations free of charge at any time.
The Operator reserves the right to make changes to the Regulations, the WSU, PWZ and SLA Documents and the Technical specification of services. Where the content of any of the documents listed in the preceding sentence changes, the Operator is obliged to inform the Client of the changes at least fourteen days before the date they take effect. The Operator will inform the Client of those changes by post, e-mail or fax, at the Operator's choice. The provisions of the new Regulations, WSU, PWZ and SLA Documents and Technical specification of services bind the other Party unless that Party makes an offer to terminate the Agreement early. A Client who is a Consumer has the right to make an offer to terminate the Agreement early within 14 days of being informed by the Operator of the changes. For a Client who is not a Consumer that period is 7 days. The offer should be made in writing. That requirement does not apply to Consumers. Where an offer is validly made, the Operator has the right to:
a. accept the offer, refunding fees in proportion to the performances not used,
b. reject the offer and carry on providing the service on the terms applicable so far until the end of the current Subscription period of the service.
The Operator will inform the Client in writing of the position it takes on the offer made.
Insignificant changes to the Regulations, the SLA Document and the Technical specification of services that do not affect the rights and obligations of the Client do not constitute a change to the terms of the Agreement and are not changes within the meaning of this paragraph. Nor are the insignificant changes referred to in the preceding sentence grounds for the Client to terminate the Agreement.
Where the need to change the Regulations or the SLA Document arises from the need to bring the content of those documents into line with generally applicable law, or is connected with the need to prevent, without delay, loss or damage that the Operator, Clients or Users may suffer if the content of the Regulations or of the WSU, PWZ or SLA Documents is not changed immediately, the Operator is released from the obligation to observe the notice period for informing Clients referred to in § 17(6) of the Regulations.
The provisions of the Regulations apply with due regard to the mandatory rules governing legal relations with Consumers.

Annexes:

This document was drawn up in Polish. The Russian, English and Ukrainian versions are translations provided for convenience; in the event of any discrepancy, the Polish version prevails.