Terms and Conditions for VPS Services
dated October 28, 2024



§1 General Provisions

  1. The provisions contained in this Regulations specify the detailed rules for providing VPS services, performed by MGHost Sp. z o.o. and will be referred to as the "VPS 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 be hereinafter referred to as the "Service Provider".

  3. Any words, expressions, and acronyms appearing in these VPS Regulations and beginning with a capital letter shall be understood in accordance with their definition contained in the General Terms of Service for the provision of electronic services.

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

  5. The provisions of the Agreement, which differ from the provisions of the VPS Regulations, shall take precedence over the provisions of the VPS Regulations.

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

  7. None of the provisions of the VPS Regulations exclude or limit the rights of the Consumer arising 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 of the Agreement and its implementation conditions

  1. The agreement for the provision of VPS 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, according to the scope selected by the User in the order, no later than 24 hours after the Service Recipient places the order, and enable the installation of software compatible with the offered technologies.

  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. In special cases, such as the launch of a server configured on request, the launch of the service may depend on individual agreements with the Service Recipient.

  5. The Service Provider reserves the right to refuse to provide VPS services on a trial basis to persons who have previously used the VPS service trial period.

  6. The Service Recipient is obliged to comply with the conditions of use (license) specified by the relevant licensors for any software provided to him as part of the service and bears full and exclusive responsibility for any breach of the conditions of use of such software, in particular for using or installing other software that is not in compliance with the license conditions. The Service Provider reserves the right to monitor the Service Recipient's compliance with the conditions of use of the provided software.

  7. The Service Provider reserves the right to refuse to perform VPS services if there is a reasonable fear that the VPS service will be used for purposes contrary to the intended purpose and nature of the service, in particular if it is used by the Service Recipient in a manner that prevents or disrupts the use of hardware resources of the Service Provider or other entities, as well as if there is a reasonable fear that prohibited acts will be committed through this service.

  8. As part of the VPS service, the Service Recipient obtains the possibility of independently managing and administering the provided resources, including creating backups of the data contained therein.

  9. The Service Recipient declares that he has the necessary knowledge and experience in handling VPS servers, or uses the assistance of third parties who possess such knowledge and experience.

  10. The service recipient is obliged to independently administer the VPS Server provided to him/her as part of the Service. The service recipient may commission third parties to manage the VPS server at their own cost and risk, or use an additional Service offered by the Service Provider in this respect, as part of the Individual Service.

  11. The Service Provider backs up the data at 24-hour intervals and stores the latest archived copies for 14 calendar days.

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

  13. The service recipient is obliged to make and have a backup copy of the data processed within the service provider's information technology systems, regardless of whether the service provider also creates such copies.

  14. Within the hosting panel, the service recipient receives updated daily information on the level of utilization of the package limit ("Limit").

  15. In case of exceeding the data transfer limit or other limited parameters during the subscription period, the Service Provider is entitled to suspend further provision of the VPS Service to the Service Recipient or partially limit its functionality until the end of the service subscription period, which the Service Provider will inform the Service Recipient of. In case the service recipient orders and pays for a change in the service variant to one with a higher limit, the Service Provider immediately restores the functionality of the VPS Service.

  16. During the current service subscription period, the service recipient has the option to change the parameters of the VPS Service to a variant for which a higher fee is required than the one paid for the current period. In such a 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 service subscription period during which the above-mentioned order was placed remains unchanged.

  17. In order to extend the service subscription period, the service recipient pays the required fee according to the Service Pricelist before the end of the expiring service subscription period.

  18. 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.

  19. The data collected on the Service Provider's provided Server as part of the Service may be stored for a period of not less than 7 days and not more than 60 days from the end of the Agreement, and then deleted from the Service Provider's server space.

  20. If the service recipient requests access to the data stored on the Service Provider's provided Server after the end of the Agreement, and the data is still available, the Service Provider will take action to provide it, with the Service Provider being able to charge the service recipient a fee in accordance with the Pricelist or based on individual agreements.

  21. In case of non-renewal of the VPS Service Agreement or delay in payment term that conditions the renewal of the VPS Service Agreement, the Service Provider reserves the right to delete the data stored on the Service Provider's server after 14 calendar days from the end of the Agreement.

  22. The VPS Service Agreement is concluded for a specified period of time, indicated by the Service Recipient in the Order.

  23. The minimum duration of the VPS Service Agreement is one month, unless the Agreement or the Service Specification states otherwise. This does not apply to cases of test provision of the Service on terms specified by the Service Provider.

  24. The Service Provider suggests that Service Recipients maintain their services on the Service Provider's DNS servers, as the Service Provider reserves the right to change the IP addresses assigned to the service at any time.

  25. 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 any damage caused to the Service Recipient as a result of non-performance or improper performance of the Service, unless such non-performance or improper performance of the Service is a consequence of circumstances for which the Service Provider is not responsible, namely:

    1. Lack of continuity in the provision of the Service 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 which the Service Provider could not prevent and over which they had no influence,

      • Improper use of the Service by the Service Recipient,

      • Provision of untrue or incomplete information in the order by the Service Recipient, as well as untrue or incomplete contact data, and failure to update them by the Service Recipient,

      • Unauthorized use of authorization data provided to the Client for access to the technical infrastructure serving the Server provided within the Service,

    2. The necessity of suspending the Server's operation due to the Service Recipient's illegal use of the Service, which is the result of the Service Recipient's software or is a consequence of improper protection against unwanted actions by the Service Recipient (e.g. low level of anti-virus protection, lack of 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. Breach of the terms of the Agreement by the Service Recipient.

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

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



§4 Final provisions

  1. The VPS Service Regulations come into force on October 28, 2024.