General terms and conditions of netshare.cz server

 

I. Introductory provisions

 

1. These general terms and conditions of the Netshare.com server (hereinafter referred to as the "Terms") apply to the services provided on the netshare.cz internet server, available at the address (URL) www.netshare.cz (hereinafter referred to as "Services"), with the provider being CloudNet s.r.o., with its registered office at V Olšinách 2300/75, 100 00 Praha 10, kept by the Municipal Court in Prague under file No.: C 233608, IČO: 03557111, acting in the course of its business or other commercial activities (hereinafter referred to as the "Provider").

2. For the purposes of these Terms, a user is understood to be a natural or legal person, legally competent, who must agree and adhere to these Terms and who uses the Provider's Services, and the user can also express his / her consent to the Terms by the act of using the Services (hereinafter also referred to as the "User").

3. The Services provided by the Provider shall mean in particular the ability to store data files by the User on the netshare.cz server pursuant to the provisions of Section 5 of Act No. 480/2004 Coll., On Certain Information Society Services, as amended, the following administration of these files by the Provider including downloading the data by the User, as well as other additional services, such as providing an user interface or providing search capabilities and access to the data files by the User and third parties, if these are the data files that can be shared, i.e. made accessible to other persons.

 

II. Rights and Obligations of the User

 

1. The User undertakes to upload, store, share, or download through provided Services only such files that he / she is authorized to use, reproduce, publish, disseminate, or otherwise communicate, in accordance with applicable copyrights, licensing laws, or on the basis of another legal title to such a file.

2. The User further undertakes not to upload, store, share, or download through provided Services such files that are unlawful by their content or their downloading is unlawful, they infringe copyrights or other rights of third parties, instigate or assist in a criminal activity or approve of a criminal act, display a child in a sexual context, or show sex with an animal, may incite hatred and riot of third parties or groups of citizens, as well as files that are in violation of these Terms, the Czech legal order, and the laws of the European Union.

3. The User is fully responsible for the content of the data he / she saves, manages, downloads, or shares on the server through the Services, and just mentioned also applies to the data obtained from other sources not authored by the User. All data files that the User uploads to the server providing the Services are linked to the User's user account and the User decides to make them available to other persons.

4. The User accepts full responsibility for any damage or other harm that he / she may cause to the Provider or third parties in the connection with the use of the Services.

5. The User undertakes that his / her conduct related to the use of the Services will not damage the Provider's good reputation.

6. If the User suspects violation of these Terms or unlawful behavior of other users or third parties, he / she shall immediately notify the Provider via e-mail at info@netshare.cz about his / her suspicion.

7. The User, who is properly registered with the Provider and has provided his / her email address, acknowledges and understands that the Provider may send him / her commercial messages by an email about the products and services of the Provider and third parties. The User can cancel sending commercial messages via a link placed in the email containing a commercial message.

 

III. Rights and obligations of the Provider

 

1. The Provider is not responsible for the content of the data files uploaded by the User, and does not get acquainted with their content, neither is required to actively seek the facts and circumstances pointing to the illegal content of the information, with the User acknowledging these facts.

2. The Provider is responsible for the contents of these files only if, from the point of its business activities, the circumstances, and the nature of the particular case, he / she could know that the content of the files or the User's conduct is unlawful, or if he demonstrably learned about the unlawful nature of the content of the information stored or unlawful conduct of the User, and has not immediately taken any action that may be required to do in order to remove or disable such information.

3. In the event of a violation of these Terms, the Provider is entitled to close and delete the User's account, block access to the Services, as well as delete all stored data or prevent their downloading, while the Provider’s claim for damages is not affected by this provision. By deleting a user account or by deleting the User's data files, the Provider does not have the right to appropriate the contents of the data uploaded by the User.

 

IV. Premium account

 

The User has the option to pay a fee according to the current price list of the Provider, which is published on its website and thus obtain a premium account. The contractual relationship between the User and the Provider regarding such a premium account is established at the moment when the order is placed and the full price is paid for the selected premium account. The user of the premium account is bound to follow these Terms and the Provider's current offer.

2. By purchasing a premium account whose time validity is unlimited, the User will obtain on the credit basis additional services from the Provider, in particular the file and data download service at the maximum possible speed and priority user support from the Provider.

3. With regard to the nature of the service, the costs of delivering a premium account service are not covered.

4. The User explicitly agrees and acknowledges that the services associated with the premium account may be provided to him / her immediately after the establishment of the contractual relationship, based on the User's request, thus before the expiration of the general period for a contract withdrawal.

 

V. Privacy Policy

 

1. The User voluntarily discloses information and personal data to the Provider upon his / her registration, and undertakes that these are true and accurate. By registering, the User agrees to processing of the personal data by the Provider in accordance with Act No. 101/2000 Coll., On Personal Data Protection, while the Provider is not only the processor but also the administrator of such information and personal data about the User of the Services.

2. The Provider processes the personal data of the User provided at registration by the User to the extent necessary for the provision of the Services, for communication between the Provider and the User, for sending commercial messages and information, or for other purposes with which the User has agreed or which are related to the Provider's scope of business. The Provider records and processes all personal data for the time necessary to achieve the aforementioned purposes, but no longer than for the period stipulated by the relevant legal regulations.

3. The Provider undertakes to protect all information and personal data of the Users as much as possible against unauthorized third party interventions and to comply with the legislation relevant to this issue, especially the law on personal data protection. By this provision, the obligation of the Provider to submit the personal data over to third parties or public authorities is not affected, if this is in accordance with the relevant legal regulations. User's personal data is processed automatically in an electronic form.

4. The User explicitly declares that he / she is aware of his / her rights under the provisions of Section 12 and Section 21 of the Personal Data Protection Act.

 

VI. Warranty terms and consumer information

 

1. In the event of a complaint being reported, the User is required to provide all relevant information, in particular his / her login details and the specification of the transaction which is the reason for the claim, including the description of the situation. In the event the User fails to provide sufficient information or fails to supplement it within a reasonable time period given by the Provider, the complaint procedure shall not be initiated. The User is obligated to claim the rights of defects immediately after the defect is detected or after he /she could ascertain the defect when exercising the usual care.

2. All complaints shall be resolved by the Provider without delay, however, depending on the specific situation, he / she shall always notify the User of the results of the complaint procedure no later than 30 days from the date of receipt of the proper report of the complaint.

3. If the User is a consumer within the meaning of Section 419 of Act No. 89/2012 Coll., The Civil Code, he / she has the right to withdraw from the contract concluded by using the means of distance communication without giving any reason within 14 days of its conclusion. If the provision of the Services has already started at the User’s request, the User pays the Provider part of the agreed price for the provided Services until the moment of the withdrawal from the contract, therefore the User does not have the right to withdraw from the contract in the extent of the Services already provided. The withdrawal from the contractual relationship without giving any reason is, however, according to the provisions of Section 53 (8) (A) of the Civil Code excluded if the User has already started to use the extended services provided by the Premium Account.

4. In the case of using the premium account services by the User, the User is not entitled to claim any compensation or refund of the payments paid, even if his / her user account has been canceled or made unavailable, or the Services have stopped to be provided by the Provider, have been canceled or blocked regardless of who caused such a situation.

5. All communication between the User and the Provider regarding the complaint of the Services, withdrawal from the contract, etc. is done exclusively in an electronic form via the email address info@netshare.cz.

 

VII. Final Provisions

 

1. These Terms and the relationship between the Provider and the User are governed by the laws of the Czech Republic. In the event of a litigation, the Municipal Court in Prague is competent. These Terms are made in the Czech language and are binding in this language. Any other language versions of these Terms are only made for information.

2. In accordance with Section 1752 of the Civil Code, the Provider is entitled at any time to unilaterally change the wording of these Terms and Conditions, subject to the prior notification of the User. Any changes to the content of the Terms become effective with their publication, or the Provider will determine the beginning of their validity on a specific day. In relation to the individual Users, the new wording of the Terms becomes effective only after the User has given his / her consent, while as the consent is considered the further use of the Services after the date on which the new wording of the Terms became effective. If the User does not agree to the change of the Terms, he / she is required to cancel his / her user account within 30 days. If, after the effective date of the new Terms, the User does not cancel his / her user account, he / she is deemed to agree with the new wording of the Terms.

3. All communication between the User and the Provider takes place only electronically, i.e. via email correspondence.

4. The User acknowledges and expressly agrees that the rights and obligations arising from the contractual relationship between the User and the Provider under these Terms may be transferred in whole or in part to third parties. Such transfer does not affect the validity and effectiveness of these Terms or contracts made between the User and the Provider under these Terms.

5. In the event that any provision of these Terms is wholly or partly invalid or unenforceable or turns out as such, it is fully separable from the other provisions of these Terms and such invalidity or unenforceability shall have no effect on the validity and enforceability of any other provisions of these Terms. In this case, the Provider undertakes to replace such invalid or unenforceable clause with another provision that will to the maximum extent correspond with the content of the original provision.

6. These Terms come into effect on December 14, 2017