– PERSONAL DATA PROTECTION POLICY
I – GENERAL PROVISIONS
– Price list of services located at the Internet address
– Personal data protection policy located at the Internet address
– Technical support policy located at the Internet address
4The Provider’s business through the Service is primarily regulated by the Law on Electronic Commerce, the Law on Obligations, the Law on Copyright and Related Rights, the Trademark Law, the Personal Data Protection Law, as well as other regulations of the legal system of the Republic of Serbia in parts not regulated by these laws.
5 The Provider is committed to preserving and applying personal rights, privacy, data protection, as well as copyright, all according to the rules of the information profession, good business practices, and in accordance with the applicable regulations of the Republic of Serbia.
7The Provider has the right, but not the obligation, to remove any content, at any time from the Service, without the obligation of any prior or subsequent notice or explanation, if in its own estimation it assesses that there has been a breach of contractual obligations.
II – SERVICE DESCRIPTION
8 The service is intended to provide professional storage services for Internet websites (English. hosting, hereinafter: hosting), domain registration, and IT management services.
9 The information society services provided by the Provider are:
1) Shared Web hosting
2) VPS Hosting on servers equipped with solid-state drives (SSD)
3) Dedicated hosting
4) Internet domain registration
5) Designing, implementing, maintaining, and integrating various IT solutions.
10 The content that users post via the Service, regardless of the form and format of the content (text, graphics, photos, audio, video, and similar) must be accurate and correct. The user who entered the data is solely responsible for the accuracy and correctness of the entered data.
For the Internet domain registration service from Article 9, paragraph 1, point 4), the User is obliged to provide authentic, correct, and accurate data, and to verify their email address to which the system sends a verification link, and if the User does not fulfill this obligation on time, there is a possibility that the domain may be suspended. The email message containing the verification link is in Serbian for the domains of the Republic of Serbia and in English for other domains.
12 The User independently chooses a password during registration and is solely responsible for the confidentiality of the password and the use of the Service through access data. The User will not use someone else’s access data or give their access data to a third party. The User can inform the Provider if they suspect unauthorized use of their access data. In the event that the User gives their access data to a third party, the User bears responsibility for the actions that the third party has made. In case the Provider requests the User’s password in limited cases of providing customer support, the User undertakes to change such a password immediately after the customer support has been provided.
13 The Provider will, in each individual case, provide full support for the protection of personal rights, privacy, property rights, and intellectual property rights to all persons holding these rights, or to those persons whose right has been violated, by, without delay:
upon a justified request, substantiated with appropriate documentation, remove content so that it is not publicly accessible, and keep the content for the purposes of proving,
to the competent body, at the request provide, data about the user whose entry violates any of the aforementioned or other rights,
all in accordance with the laws of the Republic of Serbia.
When providing information society services, the Provider is not obliged to review the data that it has stored, transmitted, or made available, nor to investigate circumstances that would indicate unauthorized action by the User.
The Provider is legally obliged to inform the competent state body if it has reasonable suspicion that:
1) the User is carrying out prohibited activities using the service;
2) the User has provided an unauthorized piece of information.
This notice about unauthorized action or data must necessarily contain information about the sender of the notice, a precise description of the place on the website, or another electronic display where the unauthorized data appears, as well as an explanation of the unacceptability.
The Provider is obliged, based on an appropriate court or administrative act, to present all data on the basis of which the detection or prosecution of perpetrators of criminal offenses, or the protection of the rights of third parties can be undertaken.
14 The Provider transmits electronic messages that have been submitted to it by users of information society services, but in no way: does not initiate their transmission, does not select the data or documents to be transmitted, does not exclude or change data in the content of messages or documents, nor selects the recipient of the transmission.
15 The Provider reserves the right to modify, abolish (either temporarily or permanently) any element of the Service, the services it provides, as well as the content or entries, regardless of who the author is and without prior approval or notification, while applying good business practices.
16 All time designations and deadlines shown through the Service, as well as the time zone and working days are calculated according to the valid regulations of the Republic of Serbia.
17 The User pays the price of the information society service before the service is performed. The user can pay the price of the service by paying the Provider and using a payment card.
III – USERS
19 Both visitors and registered users are considered users of the services provided by the Provider through the Service.
22 The Provider does not moderate, modify or influence the registration of users or any content that the registered user posts on the Service in any way, and the registered user has exclusive responsibility and bears all legal consequences that may arise from his content on the Service.
23The registered user retains all copyrights and related rights to the content of which he is the author. The registered user guarantees that he is the owner or user of all necessary copyrights to the entire content, as well as all its individual parts, which he posts on the Service. The registered user is exclusively liable for any possible violation of copyright or related rights, as well as other intellectual property rights. The registered user can post different content at the same time. Posting content on the Service does not in any way limit the registered user to post or publicly announce the same content elsewhere. The registered user can delete or modify the content he has posted at any time, without any explanation or notification. The provider will delete or modify such content immediately, except for content that is located in backup copies that are generated by the system, and which the provider cannot influence. By posting content on the Service, the registered user unconditionally and irrevocably authorizes the Provider to transfer the content to an indefinite number of persons, as well as to remove the content without prior or subsequent notification or explanation.
24With each individual registration on the Service, the registered user gets access to his account on the Service and the ability to post content. The registered user can adjust according to the available options of the Service.
25The registered user can terminate his status as a registered user at any time by submitting a request to delete his user account. When the status of a registered user ceases, all obligations of the Provider towards the User cease, and the Provider ceases to provide any service to that person.
IV – SUBSCRIPTION
26 Users pay the Provider a fee for using the Service, according to the Provider’s price list for the time period they wish to be registered on the Service as a registered user, no later than the day indicated as the payment deadline. If the User fails to pay the agreed fee on time, the Provider will not provide the possibility of using the Service until the obligation is settled.
27 The Provider has the right to stop providing the possibility of using the Service to those Users, whom it deems, at its discretion, do not meet the standards the Provider is committed to, especially those who do not timely settle their contractual obligations, do not settle them at all, or if the Provider assesses at its discretion that they will not be able to settle them.
V – PRICES
29 When making a payment to the Provider, the User pays the calculated amount to the Provider according to the pre/invoice or pro/invoice provided by the Provider.
When paying using Visa, MasterCard, and Maestro payment cards, the User pays the calculated amount, while the transaction costs (banking commission) are covered by the Provider. The security of data during purchase is guaranteed by the payment card processor. At no time are the payment card data available to the Service or the Provider. In case of a refund to a user who previously paid with one of the payment cards, partially or in full, regardless of the reason for the refund, the Provider is obliged to perform the refund exclusively via VISA, EC/MC, and Maestro payment methods, which means that the bank, at the Provider’s request, will perform the refund to the cardholder’s account. The bank statement will display the text “United Internet service”.
When paying using Visa, MasterCard, and Maestro payment cards, all payments are made in Serbian dinar currency (RSD). If you pay an amount in euros (EUR), the system will automatically convert the amount into dinars (RSD) at the rate of the National Bank of Serbia.
If paying with payment cards issued by foreign banks, the dinar amount of the transaction will be converted into the so-called settlement currency of the business Bank with which the Provider has a contract (EUR) according to the rate of the National Bank of Serbia. When charging the payer’s payment card, the already converted amount will be converted into the payer’s local currency, according to the rates applied by payment card operators. The listed prices may vary due to these conversions, except in the case of paying in dinars (RSD) with a payment card issued in the Republic of Serbia.
30 The Provider records the payment on the first business day of the Provider when the bank provides the appropriate statement. When the User is a natural person, or when the User has the status of a consumer according to the provisions of the Consumer Protection Act, the monetary obligation that the consumer pays through the bank, public postal operator or other entity, which provides payment services according to the law, is considered settled on the day when the bank, public postal operator or other entity that provides payment services according to the law received the consumer’s payment order, and the deadline for starting the service, or renewal of the service, starts running from the moment when the Provider records the receipt of the full amount of that monetary obligation and is one business day. The User who is a natural person, or the User who has the status of a consumer, undertakes to make a timely payment of the monetary obligation, taking into account the deadlines mentioned here. The Provider bears no responsibility as a consequence of the User’s failure to make a timely payment, or as a result of the delay of any bank, public postal operator or other entity, which provides payment services according to the law, in processing the data on the settlement of the User’s monetary obligation.
VI – DATA PROTECTION POLICY
32 The Provider processes the necessary data of those individuals who have given consent for processing, for a clearly defined purpose, in a legally permitted manner, so that the individual to whom the data relate cannot be determined or identifiable even after the purpose of the processing has been achieved, and in proportion to the purpose of the processing.
33 The data being processed must be true and complete, as well as based on a reliable source, i.e., a source that is not outdated.
34 Before collecting data, the Provider, as the Data Controller, informs the individual to whom the data relates about the following:
1. That the Provider is the Data Controller, i.e., the entity responsible for collecting data.
2. That the purpose of collecting and processing data is to enable the provision of information society services, user safety, and to enable the posting of hosted content or the registration of Internet domains in accordance with the law and regulations governing the registration of Internet domains.
3. That the collected data are used in a manner that allows the identification of the participants of electronic commerce, i.e., service users, in accordance with good business practices, business secrecy, and the law.
4. That the entities that use the data are those employed by the Provider who have authorization to use the data, and those with whom the user enters into a contractual relationship to the extent necessary for the realization of that relationship, as well as all state bodies who, based on the law and/or court decision, are entitled to use the data.
5. That providing personal data is voluntary, and that anyone who does not wish to be a registered user of the Service is not obliged to provide any data, but that providing data is mandatory under the Law on Obligatory Relations and the Law on Electronic Commerce, or regulations governing the registration of Internet domains, in order to exercise the rights under these laws and regulations.
6. That the individual who has given consent to the collection and processing of data can withdraw their consent at any time and without explanation, which has the legal consequence of terminating the ability to use the Service, the due date of any possibly unsettled obligations incurred during the use of the Service, and that any further collection of data from the individual who has withdrawn their consent ceases.
7. That in case of unauthorized processing, individuals have rights to data protection, as well as other rights that they are entitled to under the law.
35 The data collected for the above-mentioned purposes are:
– (mobile) phone number,
– e-mail address,
– IP address of each individual access to the Service, (including “cookie“ data).
36 The Provider may, in accordance with the law, collect certain data about visits obtained during the use of the Service. The Provider may use this data to have information to improve its information society service and the Service, and to further direct and adapt it to visitors and Users.
The Provider may, in accordance with the law, in the case of a risky transaction according to the Provider’s assessment, collect user credit card data that relates to the contents of the front and back of the payment card with the last 4 digits of the card visible.
The Provider does not collect User’s credit card data, except in the case from the previous paragraph. When entering credit card data, confidential information is transmitted over a public network in a protected (encrypted) form using the PCI DSS 3.1 standard, as the most advanced cryptographic technology at the moment. The security of data during purchase is guaranteed by the payment card processor, who is a Level 1 payment service provider, so the entire payment process is carried out on the provider’s pages. At no time are credit card data available to the Provider or third parties.
37 All general acts of the Provider must be in accordance with this Data Protection Policy.
If any general act of the Provider is not in accordance with this Policy regarding data protection, the provisions of this Policy apply.
VII – NOTIFICATION
38 The User agrees that the Provider may periodically send them notifications related to the content of the Service, as well as notifications concerning the Service, the Provider, and promotional notifications.
VIII – COMPLAINTS
39 Since the Provider provides an information society service, it is not possible to make a complaint about the completed service.
The information society service provided by the Provider is fully performed because the provision of the service began after the User’s express prior consent to use the service, and the User, by accepting these Terms, confirms that they are aware that they lose the right to withdraw from the contract in the case when the Provider completely fulfills its contractual obligations.
– The refund is only possible for the first use of the shared web hosting service. If the User has previously used the mentioned service, and then canceled it, no subsequent use of the service is eligible for a refund.
– The refund is only possible for one shared web hosting service package. If the User uses more than one package, the Provider can only refund them for one such package.
– Refunds are not possible and do not apply to renewal of service use.
IX – COPYRIGHT
41 The Provider has exclusive copyright and intellectual property rights to its Service, as well as to all individual elements that make it up, such as: text, visual and audio elements, visual identity, data and databases, program code, and other elements of the service, of which the Provider is the author, or the copyright holder.
42 Unauthorized use of any part of the Service, or the Service in its entirety, without the explicit prior written permission issued by the Provider as the holder of exclusive copyrights, will be considered a violation of the Provider’s copyrights and is subject to initiation of all proceedings to the full extent of the law.
43 The Service may also contain elements on which exclusive copyrights, trademark rights, and other intellectual property rights are held by other parties, such as content from Service Users, aggregated publicly available content, content from business partners, advertisers, etc. Other parties bear exclusive responsibility for the content on which they hold these rights, regardless of the fact that such content is on the Provider’s Service.
45 Every person independently bears responsibility for the content that is their original work, i.e., for the content that they have independently posted and made publicly available through the Service.
X – GUIDELINES
46 Registered users are obliged to respect these Guidelines when creating content.
47 The provider has the right, but not the obligation, to remove or not publish content that any registered user posts on the Service without explanation.
48 The user is responsible for the content posted, especially if that content, at the discretion of the Provider, includes (but is not limited to):
– openly offensive content, or content that promotes racism, intolerance, hatred, or physical harm of any kind, directed at any group or individual,
– harassment, or promotes the harassment of another person,
– exploits people in a sexual or violent manner,
– contains offensive content, or contains a link to such content,
– requests personal information from persons under 18 years of age,
– publicly discloses information that poses a risk to the privacy or security of any person,
– contains or promotes information that the user knows is incorrect, or that leads to a wrong conclusion, or promotes illegal activities, or whose content is offensive, intimidating, full of threats, indecent, or defamatory,
– contains or promotes unauthorized or unauthorized copy of another person’s protected work, warez or other malicious code or link to such content,
– includes sending unsolicited mail, chain letters, or mass mail, instant messages, or “spam”,
– contains pages with restricted access, or pages that can only be accessed with a password, or hidden pages, or images (those not linked to other pages),
– encourages or promotes criminal activities or deeds, or provides instructions for performing illegal activities, including but not limited to the manufacture or purchase of illegal weapons, violating someone’s privacy, or finding or creating computer viruses,
– requests passwords or personally identifying information for commercial or illegal purposes from other users,
– includes unregistered commercial activities that require registration with a government agency, or
– violates privacy rights, public disclosure rights, defamation protection rights, copyright, trademark rights, contract rights, or other personal rights.
49 The following are examples, without any kind of limitation, of activities that are not allowed, or prohibited on the Service:
– criminal, or tortious activities, including child pornography or other illegal pornographic content, fraud, distribution of illegal pornographic content, distribution or drug use, gambling, harassment, stalking, “spam”, pyramid schemes, Ponzi schemes, sending viruses, or other harmful files, copyright infringement, patent violation or trade secret theft,
– advertising to users or offering to buy or sell any products or services through unauthorized or prohibited means of using the Service,
– circumventing, or altering, attempting to circumvent, or alter, or encouraging, or assisting other people to circumvent, or alter any of the security technologies, or software that is part of the Service,
– forging the headers of TCP/IP packets, or any part of the header information in any post, or in any other way using the Service to send altered, deceptive, or false information identifying the source,
– activities that involve the use of viruses, bots, worms, or any other computer codes, files, or programs that interrupt, destroy, or limit the operation of computer software, or hardware, or in any other way allow unauthorized use, or access to a computer, or a computer network,
– interfering with the access to the Service of any user, host, or network,
– covering, or obscuring advertising via banners or other graphical elements on a user’s profile page, or any page of the Service through HTML/CSS, or in any other way,
– including HTML, CSS, or some other coding on the user’s profile page, including, but not limited to all hidden, or otherwise secretly contained codes in the submitted content that is not related to the nature of the submitted content,
– any automatic use of the system, such as, but not limited to using scripts for sending images, or videos, interfering with, disrupting, or creating unnecessary load on the Service, or on the network, or services connected to the Service,
– impersonating, or attempting to impersonate a legal or physical person,
– using access data or username of another user at any time, or disclosing a password to third parties, or allowing third parties to access a user account that is not theirs,
– selling, or otherwise transferring a user profile,
– using information obtained from the Service to harass, abuse, or harm any person, and attempting to do so,
– unauthorized commercial advertisement on a user’s profile, or accepting payment, or anything of value from third parties in exchange for performing commercial activities through unauthorized, or prohibited use of the Service on behalf of that person, or
– deleting, or other ways of altering notifications about copyrights, trademarks, or other property rights that appear on user content, except if it is the content that the user posts,
– using meta tags, or other hidden text, or metadata using the Provider’s name, trademark, URL, or product name without the prior express permission of the Provider,
– attempting to probe, scan, or test the vulnerability of any part of the Service, or violate any security measures, or identity verification measures,
– collecting, or storing personal data about other users without their explicit permission
– impersonating, or falsely representing affiliation with some person, through pre-sent text, or other forms of social engineering, or other forms of fraud,
– using the Services in a manner that is not in accordance with any applicable laws and regulations, or violating the Service, or network security.
For a good understanding of the term, the term Spam, in accordance with the provisions of these Terms, is considered abuse of the hosting account for the purpose of sending unwanted mass messages without any criteria or with broad criteria. This is a very sensitive issue for all hosting providers and the Internet as a whole. Spam can be intentional and unintentional. Intentional Spam includes commercial spam and forum/community spam. Intentional spam is punished, after the third warning to the User, by automatic blocking of all services on which it is performed. Unintentional Spam includes spam for which the User of the shared web hosting account is not notified. Spam scripts are usually inserted by third parties programmed to send thousands of emails in a short period of time without any criteria causing damage to the server from which it is sent (danger of blacklist, email server crash, load) and servers to which it is sent. Hosting accounts usually, after the detection of the problem by the Provider, are temporarily suspended until the problematic scripts that execute mass sending of electronic mail are found. In the aforementioned case, immediately after the problem is solved, the hosting account is active again. Unintentional spam on the VPS server is considered intentional and leads to the suspension of the server. If it turns out that the User has deliberately rented a VPS or Dedicated server for the purpose of spamming, the Provider reserves the right to cancel the service without the possibility of complaint, in accordance with these Terms.
50 The Provider has the right, but not the obligation to monitor all user activities and user content associated with the Service. The Provider may investigate any reported violations of its Guidelines and other complaints, and may take any legal or technical action it deems appropriate. The Provider will investigate circumstances that may involve such violations and may invite and cooperate with competent state authorities during the identification, investigation, or prosecution of individuals involved in that violation of the Guidelines, or violation of the law.
The Provider reserves the discretionary right to use all legal means, including but not limited to removal of the user account and user content, as well as to immediately suspend all Provider’s services that the user uses, in case of any violation of these Terms, or in case the Provider is unable to verify, or check some information that the user sends to the Provider.
XI – LIMITATION OF LIABILITY AND GUARANTEE OF AVAILABILITY
51 Users use the Service exclusively at their own risk. The user expressly accepts that the Provider cannot be responsible for the behavior of other users or third parties, and that the risk of possible damage is entirely borne by these entities, in accordance with the applicable legislation of the Republic of Serbia.
52 The Provider transmits the data entered by the User via the communication network, and the Provider is not responsible for the automatic, intermediary, and temporary storage that serves only for more efficient formation of data transmission requested by other users because: it does not change the data; respects conditions for data access; complies with the rules for updating data; acts in accordance with the permitted application of data collection technologies; removes or disables access to data it has stored immediately after learning that the data has been removed from network transmission or access to it has been disabled, as well as when a court or another competent body has ordered their removal or disabling of access.
The Provider stores the data provided by the User, at the request of the User, and the Provider is not responsible for the content of the stored data because: it does not know nor can know about the unauthorized actions of the User or the content of the data; immediately after learning about an unauthorized action or data, it removes or disables access to that data.
The Provider can provide access to data of another service provider via electronic forwarding (English: Link), but is not responsible for this information because: it does not know nor can know about the unauthorized actions of the User or the content of the data in this information; immediately after learning about an unauthorized action or data, it removes or disables access to the data.
53 The Provider does not guarantee the accuracy, reliability, nor the content posted by the user. The Provider does not initiate the transmission of the electronic message handed over to it by the service user, does not select the data or documents being transmitted, does not exempt or modify the data in the content of the message or document, and does not select the recipient of the transmission.
55 Except in cases of intent or gross negligence, the Provider is not responsible for any temporary unavailability of the Service, nor for partial or complete non-functioning or malfunctioning of it. The Provider is not responsible for technical problems that may lead to delays and/or incorrect processing of electronic data, including the WHOIS service when searching for domains and the system clock. Internet service providers that the Provider uses are responsible for the above.
56 The Service may be temporarily unavailable or available in limited scope, as a result of regular or extraordinary system maintenance, or in the case of system upgrades.
57 The Provider guarantees the uptime of the Service (English: Uptime) of 99.90 % time on a monthly level. This means that the Service can be unavailable for a maximum of 44 minutes per month. The uptime guarantee does not include the time of regular Service maintenance (e.g., server security maintenance, announced work on communication equipment, etc.) nor the duration of potential hacking and orchestrated distributed (English: DDoS) attacks, nor the time needed to resolve any problems with server links, data center, or the period of force majeure influence. If the downtime is longer than 44 minutes on a monthly level, the User has the right to make a complaint about the service within 7 days from the day of the service restoration.
All Provider’s servers are under monitoring by certain independent Uptime services, which allows the Provider to have accurate insight into the Uptime serving as evidence of global visibility and Uptime of servers, and can provide this data to the User upon request.
For a better understanding, the Provider does not guarantee the consistency of data related to Shared Web hosting, VPS Hosting, and Dedicated hosting, nor is responsible for any data loss due to hardware or security failure, nor is responsible for those data located on remote Backup servers. The User solely bears the responsibility for the mentioned, as he has undertaken the obligation to respect all Provider’s procedures, but also the duty to independently take care of his own data (user content), regardless of the existence of these procedures. Also, the Provider, in no way, guarantees that adherence to the procedures, in itself, will prevent data loss, but it is the User’s sole responsibility to adequately care for his data (user content).
XII – JURISDICTION AND DISPUTE RESOLUTION
59 All disputes that may arise between the Provider and the User in connection with the use of the Service are subject to the valid regulations of the Republic of Serbia. The Provider and the User undertake to attempt to resolve the dispute amicably, and if they fail to do so, the competent authority for resolving the dispute is the Commercial Court in Belgrade for legal entities, or the Third Basic Court in Belgrade for natural persons.
60 If two Users have not agreed otherwise, all disputes that may arise between two Users, in connection with the use of the Service, are subject to the valid regulations of the Republic of Serbia. Users undertake to attempt to resolve the dispute amicably, and if they fail to do so, the competent authority for resolving the dispute is the Commercial Court in Belgrade for disputes between legal entities, or the First Basic Court in Belgrade for disputes between natural persons, or between natural and legal entities. The Provider, in no way, mediates or participates in any dispute that may arise between the users of the Service, unless it is bound by law as a necessary co-defendant.
XIII – FINAL PROVISIONS
63 Each printed copy of these User Terms produces full legal effect based on the provisions of the Electronic Document Act, and its validity or probative force cannot be challenged.