(a) Terms - General terms and conditions for the FreeDHS Services.
(b) Contract - a contract signed between the User and the Provider of the Service whose constituent parts are, irrespective of the form in which the contract is signed, these Terms.
(c) Provider - refers to Plus Hosting Group Ltd, Nobileova 20, 52100 Pula, Croatia, OIB: 25444746329. The Provider’s e-mail address is info@freedns.hr.
(d) The Website - is the Provider’s website at www.freedns.hr.
(e) The Service - covers all services listed on the Provider's website, which the Provider provides to the Users within its business activities.
(f) The User - any natural or legal person who is using the Services of the Provider, including natural persons who, in accordance with the Consumer Protection Act, have the status of a consumer.
(g) Pricelist - the valid price list of the Provider's Services, as defined in Article 4 of these Terms and Conditions.
(h) The Owner - the owner of the Service is considered to be the person who owns the owner's e-mail address from which the Service was originally ordered. In cases where the person who is the owner of the email address from which the Service was originally ordered is not the person who pays for the Service, it will be considered that the Owner of the Service is the owner of the email address from which the Service was initially ordered, while the person paying for the Service will not be considered the Owner, but will exclusively be authorized to work with invoices and payments.
(i) Administrative e-mail address - the e-mail address from which the order was originally placed through the Provider’s Website is considered to be the administrative address of the Service.
FreeDNS Services are specified in these General Terms and Conditions for the Use of FreeDNS Services binding to all users.
The Terms and Conditions also apply to any Users who use the Services based on a contract or another relation with a third party, who is in a contractual relationship with the Provider, whereby the intermediary has right of providing access to the Services to his own clients.
The User confirms by using the Services that he is familiar with these Terms, and is in agreement with the Terms and recognizes them as binding.
The Provider hereby reserves the right to amend these Terms. All changes to these Terms will be published on the Provider’s Website in accordance with applicable regulations. The date of the amendmend is considered to be the date when the changes were published on the Website.
The User should visit the Website weekly to check for any amendments as any such amendment will become effective 15 days after it was published and will apply to the business relationship thereafter.
The use of FreeDNS Services is free of charge.
The Provider may at any time and without any notice period cancel the User’s access to the Services if the User continues to violate the Terms of Service or is causing harm to another User, even after being warned by the Provider.
A notice period of 30 days shall apply if the Provider discontinues the provision of the Service. After the notice period, the Provider shall have no obligation to provide the Service and may not be held liable for any loss incurred by the client as a result of the discontinuation of the Service.
The Provider and the User are both obliged to treat all information about the involved parties collected during the term of the Contract as a business secrets during the duration of the Contract and at least three (3) years after the expiry or termination of the Contract.
Each party may publicly disclose and include in their respective list of references the cooperation with the other party, the nature of their cooperation and can also include in their respective websites and publications links to the solution rendered by the Provider to the User.
The information deemed confidential by the first paragraph of Article 6 shall not be used by the party on its own, or shared with other persons for purposes other than the scope of these Terms, and shall not be forwarded or disclosed in any way to any third party.
Information and data that is publicly and legally available (e.g. on websites, in public records, in the media etc.) at the time of the signing of this Contract shall not be deemed a business secret.
Each party is obligated to ensure in accordance with the Personal Data Protection Act, the security of employees’ and contractors’ personal data obtained as a result of execution of the Contract.
Users can contact the technical support department every day between the hours of 8 a.m. and 8 p.m. by sending an e-mail to info@freedns.hr. Technical support can be contacted by e-mail during weekends and holidays between 8 a.m. and 8 p.m.
The Provider may disregard any support request which were not sent to info@freedns.hr from the User’s Administrative e-mail address.
The support provisioning may be subject to (or limited by) the type of subscription and the Provider's Price List may apply.
The User is obligated to communicate with the Provider’s technical support department with due respect, without swearing, insulting or mistreating the agents in any form. If the User is openly acting towards the technical support agents contrary to proper behavior, the Provider will warn the User of the same and, in the event that the User continues with such behavior, the Provider may unilaterally and without returning any funds terminate this Contract.
By registering for a user account at the Provider’s Website, the User agrees to receive information, notifications and surveys Provider, during the entire contract term, which may be directly or indirectly related to the Services provided by the Plus Hosting Group Ltd
FreeDNS Services depend on the Internet.
The User is aware that the server availability depends on third parties and the Service Provider will do all in its powers to ensure constant and uninterrupted operation of the Service.
The User will use FreeDNS Services solely for hosting DNS records of its own domains or domains for which it was authorised by their respective owners. The Provider may cancel the Service without prior notice for any domains for which it is undoubtedly clear they are not owned by the User, or the User was not authorised to use.
The Provider may request that the User removes a domain, or the Provider may remove the domain, or prevent access to the domain if the Provider considers it to be questionable, harmful or in violation of the Terms of Service.
The Provider may stop the use of domains are causing an excessive load on servers, are deemed a security threat or endanger the stability of the Service.
The Provider will perform technical maintenance between 10 p.m. and 6 a.m. An advance notice of at least two days sent via e-mail or published on the Provider’s website will be given in the case of any planned interruption exceeding two hours.
The Provider may use any positive statements obtained by e-mail or over the phone for marketing purposes. The Provider will ensure the data is anonymous in order to prevent User identification, unless the User specifically grants a permission for such identification.
The Provider may obtain data from server logs and other sources for analytical purposes, improved client segmentation and marketing.
The Provider may not be held for any damage, lost profit, material or mental harm that the User or any third parties may suffer due to non-compliance with these Terms of Use. Bearing in mind the nature of the Provider's business, which is the subject of these Terms of Service, the Provider's liability for damage caused by his usual negligence is excluded.
The aforementioned refers to the Provider’s liability for the compensation of ordinary damages and lost benefits, and an equitable compensation for non-material damages, in accordance with the Mandatory Relationship Act.
The Provider is not responsible for any damage caused by the occurrence of force majeure as well as external, extraordinary and unforeseeable circumstances arising after the conclusion of the Contract, that the Provider could not prevent, remedy or avoid.
Making a copy of the data and performing a backup of the data which the User saved within the Service is considered the User's responsibility.
The User causing loss damaging the Provider or third parties shall provide reimbursement in accordance with the general rules on liability for damages. Forwarding any information needed to claim damages to the damaged party or to a person authorised by such a party, court or other competent authority shall not be deemed a violation of the User’s business secrets.
The Provider must offer full co-operation with the competent government authorities in case the Service was used in violation of the law.
The user is responsible for providing an e-mail address that is not a part of and not dependent on the Service, in order to maintain a two-way communication. If there is a need for contact, the provided e-mail address will be used for this purpose.
The User's responsibility is to ensure that all his contact information is current and updated at any time during the use of the Service. The Provider is not responsible for Service inactivity caused by obsolete contact information or e-mail filters on the User's side which prevent the User from receiving important notifications.
In case the information submitted by the User during the registration changes, such changes will be registered in the FreeDNS system within eight days of the change.
The user shall bear all the consequences if the data isn’t up to date, even though the deadline specified in the preceding sentence has not yet expired.
The User agrees to undertake all appropriate technical, personnel and organizational measures against unauthorized disclosure and use of login data, such as a username and password, provided by the Service Provider.
The User is obliged to keep all user data confidential and available only to those persons who need to know such information, and to ensure that these persons are familiar with the confidential nature of such data. The User will abide by the authorization and security procedures related to the use of the Service.
The User is responsible for the content of the Services offered, the security of confidential information and the respect of the general moral and ethical norms.
The User shall be responsible for the secrecy, security and use of access passwords and user names for accessing the Service by the User and its respective users. The User shall be responsible for the content of services offered, security of confidential information and compliance with the general moral and ethical norms.
The User shall comply with the law related to the disclosure and provision of information, servicing and services and shall be held responsible for any and all consequences of prohibited use of the Services by the User and its users.
The User agrees that the Provider may send e-mail notifications concerning the operation and capacity of FreeDNS Services, new developments related to FreeDNS Services, amendments or supplements of these Terms, commercial campaigns and promotions related to the use of FreeDNS Services, as well as any other messages connected to the services rendered by the Provider.
The User understands that such notices may contain commercial messages (advertisements) of the Provider or third parties.
The User agrees to receive newsletters or other e-mail notifications sent by the Provider to the e-mail address entered upon registration, and to the storage and processing of User data by the Provider as laid out below.
The User has been informed and agrees that the Provider may, collect data specifying which User has read an e-mail notification and which links in the notification have been clicked on. The User agrees the Provider may use this data to adapt its offering and the content of future e-mail notifications sent to the User.
The User agrees that the Provider may use any and all data obtained during the rendering of the Service without restrictions, including for market analysis, product improvement, and may submit such data to third parties in order to provide a better experience and to improve the quality of its Services.
The User agrees that the Provider may collect and process User’s personal data for business purposes.
If, in the course of rendering the Services, the Provider processes personal data for the User, the acceptance of these Terms and Conditions shall be deemed the conclusion of a Contract in writing on the contractual processing of personal data and an agreement on the collection and processing of personal data in accordance with the law governing personal data protection.
The Provider shall grant the User an unrestricted access and the possibility of editing of the User’s data via the FreeDNS system.
The Provider may keep personal data for the period prescribed by the law.
Given that the Provider may have access to personal data during the Service provisioning, and that the User is considered a personal data controller and the Provider is considered a data processor within the Personal Data Protection Act, and since the User has the obligation to regulate the contractual processing of personal data in a written agreement, The Provider and the User hereby regulate in writing the provisions of this Agreement on their mutual relations with regards to the obligations of the User under the Personal Data Protection Act.
The conditions and the measures applied to protect personal data and prevent any unauthorised processing thereof shall be specified in detail in any internal regulation concerning the protection of personal data relating to the Provider.
The Provider shall inform its employees authorised to process personal data regarding the conditions and measures applied to protect the User’s personal data.
The User can, up to twice a year, perform a check on the proper application of personal data protection, which includes an inspection of the Provider’s premises and equipment used to process the User’s personal data. An inspection shall be announced at least eight business days in advance and may only be performed in the presence of an person authorised by the Provider, and conducted in a manner causing the least possible business process disruption for the Provider, while protecting the business secrets and other sensitive data of the Provider.
The person responsible for the inspection shall be the legal representative of the User or a person who is authorized in writing by the User, and must enclose the said certified document and identification documents.
The Provider may only process personal data within the scope of the User’s authorisation. The Provider may not process or use personal data in any manner other than for the purpose of rendering the Services as provided in the Contract.
The Provider will not provide personal data received by the User to any third parties while rendering the Service to the User, and may not subcontract any task related to personal data processing without obtaining a written consent from the User.
In the case of a legal dispute between the Provider and the User, the Provider shall, based on a request made by the User, immediately submit to the latter all personal data processed in line with the Contract and permanently and effectively delete any and all copies thereof. The Provider shall have the same obligation in the case of contract termination.
The Provider and the User shall attempt to settle any dispute amicably; should this fail, the dispute may be referred to a court having jurisdiction in the place of registered office of the Provider.
The relation between the Provider and the User shall be governed by Croatian law; the rules on international civil law and proceedings shall not apply.
The Provider is not storing the text of the Contract. A Contract may be concluded in Croatian and English.
Plus Hosting Group Ltd Pula, Croatia 15/04/2022