Terms and Conditions for Hosting Services
dated October 28, 2024



§1 General provisions

  1. The provisions contained in these Regulations define the detailed rules for providing Hosting Services performed by MGHost Sp. z o.o. and will hereinafter be referred to as the "Hosting Regulations".

  2. MGHost Sp. z o.o., with its registered office in Lublin, address: ul. Kowalska 5/203, 20-115 Lublin, with NIP: 9462745331 REGON: 529719240 and KRS: 0001128847, will hereinafter be referred to as the "Service Provider".

  3. All words, expressions, and acronyms appearing in these Hosting Regulations and beginning with a capital letter shall be understood in accordance with their definition contained in the General Regulations on the provision of electronic services.

  4. The Hosting Regulations are a special regulation within the meaning of the general regulation.

  5. The provisions of the Agreement that differ from the provisions of the Hosting Regulations shall take precedence over the provisions of the Hosting Regulations.

  6. The provisions of the Hosting Regulations shall take precedence over the provisions of the Regulations on the provision of electronic services.

  7. None of the provisions of the Hosting Regulations exclude or limit the Consumer's rights resulting from the provisions of the generally applicable law, as well as those specified in the general regulations. In case of any doubts, paragraph 5 shall apply.



§2 Subject Matter of the Agreement and Conditions of Its Implementation

  1. The agreement for the provision of hosting services is concluded by the Service Recipient placing an Order specifying the detailed conditions of the service corresponding to the packages offered by the Service Provider on the Website.

  2. The Service Provider shall provide the server resources to the Service Recipient no later than 24 hours after the Service Recipient has placed the Order, in accordance with the scope selected by the User in the Order, and allow for the installation of software compatible with the technologies offered.

  3. In the event of unforeseen obstacles in launching the Service, the Service Recipient will be notified by email. If the proposed deadline is not accepted by the Service Recipient, the order will be canceled and any payments made will be fully refunded.

  4. The Service Provider reserves the right to refuse to provide the hosting service in test mode to persons who have previously used the trial period of the hosting service.

  5. The Service Recipient is obliged to comply with the terms of use (licenses) specified by the respective licensors for all software provided to him as part of the Service and bears full and exclusive responsibility for any violation of the terms of use of such software, in particular for using or installing other software that is incompatible with the license terms. The Service Provider reserves the right to monitor the Service Recipient's compliance with the terms of use of the software provided to him.

  6. The Service Provider reserves the right to refuse to perform the hosting service if there is a justified fear that the hosting service will be used for purposes that are incompatible with the purpose and nature of this service, in particular when it is used by the Service Recipient in a way that prevents or disrupts the use of the hardware resources of the Service Provider or other entities, and also if there is a justified fear that actions prohibited by law will be carried out using this service.

  7. As part of the hosting service, the Service Recipient obtains the possibility of independent management and administration of the resources provided to him, including the ability to independently create backup copies of the data contained on them.

  8. The Service Provider performs data archiving (backup) at 24-hour intervals and stores the last archived copies for 14 calendar days.

  9. The Service Provider is not responsible for the correctness of the backup copy stored on the Service Provider's server. However, it makes every effort to ensure that the copy is as up-to-date and correct as possible.

  10. The Service Recipient is obliged to independently execute and possess backup copies of data that are processed within the information technology systems of the Service Provider, regardless of whether the Service Provider also creates such copies.

  11. Within the hosting panel, the Service Recipient receives daily updated information on the level of use of the limit of a given package ("Limit").

  12. In the event of exceeding the limit of data transfer or other limited parameters during the subscription period, the Service Provider is entitled to suspend further provision of the hosting service to the Service Recipient or partially limit its functionality until the end of the subscription period, of which the Service Provider will inform the Service Recipient. In the case of ordering and paying for a change in the Service variant to a higher Limit, the Service Provider immediately restores the functioning of the hosting service.

  13. During the current subscription period of the Service, the Service Recipient has the option to change the parameters of the hosting service to a variant for which a higher fee is due than that paid for the current period. In this case, the Service Recipient pays a fee equal to the difference between the price of the more expensive variant and the currently held variant, proportionally to the remaining part of the subscription period. The subscription period of the Service during which the above order was placed remains unchanged.

  14. In order to extend the subscription period of the Service, the Service Recipient makes the required payment according to the Price List of Services before the end of the current subscription period of the Service.

  15. The Service Recipient is obliged to save the data from the Service Provider's Server before the end of the Agreement in order to avoid their loss.

  16. The data collected on the Service Provider's Server shared with the Service Recipient as part of the Service may be stored for a period not shorter than 7 days and not longer than 60 days from the end of the Agreement, and then deleted from the Service Provider's Server.

  17. If, after the end of the Agreement, the Service Recipient submits a request for access to the data saved for them on the Service Provider's Server, and the data is still available, the Service Provider will take actions to provide them, and may charge the Service Recipient a fee according to the Price List or agreed individually.

  18. In the event of non-renewal of the Agreement for the provision of the hosting service or delay in the payment term required for the renewal of the Agreement for the provision of the hosting service, the Service Provider is not responsible for the loss of data saved on the Service Provider's Server by the Service Recipient.

  19. The Agreement for the provision of the hosting service is concluded for a fixed term indicated by the Service Recipient in the Order.

  20. The minimum duration of the Agreement for the provision of the hosting service is one month, unless a different period is specified in the Agreement or the Service specification. This does not apply to cases of test provision of the Service on conditions specified by the Service Provider.

  21. The Service Provider suggests that Service Recipients maintain services on the Service Provider's DNS servers, as it reserves the right to change the IP addresses assigned to the service.

  22. As part of the DNS Anycast service, the service provider reserves the right to set a maximum of 50 DNS zones.



§3 Liability of the Parties

  1. The Service Provider is liable for damage caused to the Service Recipient as a result of non-performance or improper performance of the Service, unless non-performance or improper performance of the Service is a result of circumstances for which the Service Provider is not liable, namely:

    1. Interruptions in the provision of the Service that are not caused by the Service Provider, including:

      • Force majeure (flood, hurricane, etc.),

      • Actions or omissions of entities other than the Service Provider,

      • Equipment or software failure that the Service Provider could not prevent and had no influence over,

      • Improper use of the Service by the Service Recipient,

      • Providing false or incomplete information in the order by the Service Recipient, as well as false or incomplete contact details, and failure to update them by the Service Recipient,

      • Unauthorized use of authorization data provided to the Client for accessing the technical infrastructure used to operate the Server provided as part of the Service,

    2. The need to suspend Server operation due to the Service Recipient's illegal use of the Service, which is a result of the Service Recipient's software, or is a consequence of insufficient protection against unwanted actions by the Service Recipient (e.g. low level of antivirus protection, lack of a firewall, lack of updates, etc.),

    3. Incorrect configuration of systems for processing data, if the technical specification of the Server was established by the Service Recipient,

    4. Violation of the terms of the Agreement by the Service Recipient.

  2. The Service Provider is not liable for unauthorized modification, alteration or loss of data (including software) stored in the Server resources provided to the Service Recipient if it resulted from reasons lying on the side of the Service Recipient.

  3. The Service Recipient undertakes to make every effort to ensure that the software and other content and data installed by them on the Server are free of errors and security gaps.

§4 Final Provisions

  1. The Hosting Terms of Service come into force on October 28, 2024.