These Terms of Service govern in more detail the relationship between the provider of prepaid web hosting services and virtual private server (VPS) services, the company Kreativa pet d.o.o., registered in Zagreb, Oreškovićeva 6R, Croatia, OIB 29754654440 (hereinafter: Kreativa pet d.o.o.), and the users of these services. A user may be a legal entity or a natural person with full legal capacity (hereinafter: the USER).
The following Terms of Service are necessary to ensure that we provide the best possible service to all our users while meeting our legal and moral obligations. Failure to comply with any of these terms will result in the deactivation and/or suspension of the user account without prior warning, in which case fees already paid will not be refunded. Kreativa pet d.o.o. has the discretionary right to decide what constitutes a breach of these Terms of Service.
1. ILLEGAL USE
Our servers may be used only for lawful activities. The transmission, storage and distribution of information, data or material that violates any law, in particular the Croatian Copyright and Related Rights Act, is strictly prohibited. This includes, among other things: material protected by copyright, trademark, trade secret or other intellectual property rights used without authorisation, and material that is obscene, offensive, constitutes an unlawful threat or violates export control regulations. Examples of unacceptable content or links include: pirated software, hacking programs or archives, warez sites, MP3 files and IRC bots. Subscribers to our services agree to indemnify Kreativa pet d.o.o. and not to hold it liable for any claims arising from the use of the services in a manner that harms the subscriber or any other party. Kreativa pet d.o.o. decides what constitutes a breach of these rules.
2. SECURITY
Breaching system or network security is strictly prohibited and may result in criminal and civil liability. Examples include, among others: unauthorised access to, use, probing or scanning of system security or authorisation measures, data or traffic; interfering with the service of any user, host or network; mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks, and the like.
3. SERVER RESOURCES
Any web hosting user who consumes a large amount of server resources will be offered the option of paying for additional resources (moving to a VPS) or reducing their resource consumption to an acceptable level.
4. DOMAINS
4.1. Registration of commercial domains
Through our domain registration service, we offer the registration of all commercial domains for individuals and legal entities.
Commercial domains are .com, .net, .org, .biz, .info, .com.hr, .me, .hr and .eu.
Kreativa pet d.o.o. is not responsible for the accuracy of WHOIS server data and does not guarantee that a domain will still be available after its availability has initially been checked.
If a domain has been paid for but is not available, Kreativa pet d.o.o. will offer a refund or the registration of a new, similar domain.
Starting the registration process for any commercial or free domain does not guarantee its registration.
4.2. Free .hr domains
Legal entities:
– legal entities may register one free domain;
– the name of the free domain must contain the registered name or the registered abbreviation of the name of the legal entity.
Natural persons carrying out an independent business activity:
– natural persons carrying out an independent business activity are still entitled to register one free domain;
– the name of the free domain must contain the name of the business activity and the name and surname, or part of the name and surname, of the owner, or an indication of the type of business activity.
CARNET is responsible for assigning free .hr domains.
The statutory deadline for CARNET to respond to a request is 10 working days from the submission of the forms to CARNET.
More information is available at www.dns.hr.
4.3. Paid .hr domains
A paid .hr domain may be registered by:
– legal entities (companies, associations, political parties and other organisations with legal personality) registered in the Republic of Croatia,
– all natural persons in the Republic of Croatia,
– foreign legal entities with a registered branch in the Republic of Croatia,
– legal entities established in the European Union, by providing their VAT identification number or OIB.
There is no limit to the number of paid .hr domains that may be registered.
4.4. Ordinance on the organisation and management of the national top-level internet domain
Domains in the .hr domain space are governed by the Ordinance on the organisation and management of the national top-level internet domain and its amendments, which are available in full at www.dns.hr.
4.5. Accurate domain user information
It is VERY IMPORTANT to provide all domain user information correctly, in particular the domain user’s e-mail address. The domain user’s e-mail address listed in the .hr Domain Registry is used to manage the domain information, and in addition to changing the information it can also be used to request the deletion of the domain or a change of domain user.
The domain user alone is responsible for the accuracy of the e-mail address provided, and all actions taken through that address are considered valid.
5. DDOS ATTACKS
Kreativa pet d.o.o. has the right to block access to an attacked server IP address without prior notice.
The attacked server is then automatically suspended for a period of at least 24 hours, and the attacked IP address is blocked for a period of at least one month. The user is entitled to a new IP address. If a DoS/DDoS attack on an individual user occurs more than once, the user’s account may be terminated.
6. IRC AND SIMILAR PROGRAMS
Kreativa pet d.o.o. does not allow background programs such as IRC bots, eggdrop, BitchX, XiRCON or any other program that interferes with the normal operation of the network. Kreativa pet d.o.o. does not allow IRC or IRC bots on its servers.
7. DATA ON SERVERS AND BACKUPS
7.1. Data, e-mail and documents
Kreativa pet d.o.o. is not responsible for lost data, e-mail, documents, time, content, revenue or any other resources resulting from a possible server failure.
7.2. Backups
Kreativa pet d.o.o. performs daily backups on all servers. Kreativa pet d.o.o. is not responsible for lost data, documents, time, revenue or any other resources resulting from faulty or missing backups.
8. UCE (UNSOLICITED COMMERCIAL EMAIL) OR SPAM
Sending spam, i.e. large volumes of unsolicited e-mail messages, from or through the servers of Kreativa pet d.o.o., or using an e-mail address hosted on our servers for that purpose, is strictly prohibited. If the USER ends up on spam blacklists, Kreativa pet d.o.o. reserves the right to block the user’s account in order to protect the server. Kreativa pet d.o.o. decides when this rule has been breached.
9. VIRUSES
If the USER sends viruses to other users through their user account or constantly receives viruses, Kreativa pet d.o.o. reserves the right to block all user accounts in order to protect the server and other users. The USER is responsible for providing their own antivirus protection and IT support within their company. USERS release Kreativa pet d.o.o. from liability for any damage caused to them or to anyone else through the use of our services. The services of Kreativa pet d.o.o. are provided “as is”, without any express or implied warranties. We do not claim or guarantee that our service will be complete, secure, uninterrupted and error-free, as we cannot control all the conditions required for the use of the service.
10. SERVER ABUSE
Any attempt to destabilise or damage the servers of Kreativa pet d.o.o. or of our users is strictly prohibited. Any failure to comply with the guidelines and rules set out here will result in the deactivation of the user account and/or civil liability. We reserve the right to remove any user account without prior notice, stating the reason for termination.
11. DISTRIBUTION OF PROGRAMS AND SOFTWARE
User accounts of Kreativa pet d.o.o. may not be used to distribute software and multimedia products. If you wish to distribute software and/or multimedia files, please contact us to make a separate arrangement.
12. VIRTUAL SERVERS
Kreativa pet d.o.o. is not responsible for the operation, lost data, documents, content or any other resources of the virtual servers it provides to the USER.
13. MULTIMEDIA
Multimedia files are defined as all graphic, audio and video files. User accounts of Kreativa pet d.o.o. may not be used to distribute and store large quantities of multimedia material. If the USER uses more than 70% of the disk space to store multimedia files, either by total size or by number of files, the account will be considered to contain an unusual amount of multimedia content.
14. MEASURES TAKEN BY KREATIVA PET D.O.O.
Any failure by the user to comply with and/or fulfil the above provisions and conditions constitutes grounds for deactivating the account. Kreativa pet d.o.o. reserves the right to remove a user account without prior notice. When Kreativa pet d.o.o. establishes a breach of its rules, it will start an investigation into possible unlawful conduct by the user. During the investigation, Kreativa pet d.o.o. may restrict the user’s access in order to prevent further potentially unauthorised activity. Depending on the seriousness of the unlawful conduct, Kreativa pet d.o.o. may restrict, suspend or terminate the user account and/or take other measures relating to civil liability. If the unlawful conduct constitutes a criminal offence, Kreativa pet d.o.o. will notify the competent authority. Users release Kreativa pet d.o.o. from liability for any damage caused to them or to anyone else through the use of our services. Kreativa pet d.o.o. is not responsible for problems caused by power outages, connection interruptions, or failures of hardware or software from other manufacturers that could not have been foreseen. Kreativa pet d.o.o. will take all necessary steps to remedy such a failure as soon as possible.
The courts in Zagreb have jurisdiction over all disputes.
15. USER RESPONSIBILITY
The USER is responsible for all activity originating from their user account, unless it is proven that they were the victim of an external hacking attack or address spoofing. The USER is responsible for protecting their own username and password. The USER assumes responsibility for all material on their website, including material posted by someone else. Using the services of Kreativa pet d.o.o. requires a certain level of knowledge of the internet, protocols and programs.
16. PAYMENT
Our service is provided exclusively on a prepaid basis, for periods of one to twenty-four months. Kreativa pet d.o.o. is not obliged to provide the service to a user who has not settled all their debts for the upcoming ordered period. Kreativa pet d.o.o. undertakes to contact the USER no later than 15 days before the expiry of the subscribed service and to offer its renewal or deactivation. The USER undertakes to settle all amounts owed to Kreativa pet d.o.o. no later than 15 days after receiving the offer, unless otherwise agreed. All prices on our websites are stated exclusively of VAT, which is charged at 25%. Programming and administration services are charged separately.
17. CHANGES
Kreativa pet d.o.o. reserves the right to add, delete or change any of the terms in this document, and existing users will be notified of such changes.
18. SUSPENSION OF SERVICE
Kreativa pet d.o.o. is not liable for any damage resulting from the suspension of a service or for any costs that may arise from it.
Kreativa pet d.o.o. has the right to suspend a service (hosting, server, etc.) or any related service (e-mail, web, VPS, etc.) if there are open and unpaid items or debts of the User in connection with any service provided by Kreativa pet d.o.o.
Kreativa pet d.o.o. has the right to suspend a service (hosting, server, etc.) or any related service (e-mail, web, VPS, etc.) if there is any dispute between the User and Kreativa pet d.o.o.
The User will be notified of any such measure by e-mail or in writing (except in the case referred to in section 5).
By purchasing or activating any service, the User declares that they have read, fully understood and accepted these Terms of Service.
In the case of a .hr or .com.hr domain, by purchasing the service the user declares that they have read, fully understood and accepted the Ordinance on the organisation and management of the national top-level internet domain. The full text of the Ordinance is available at www.dns.hr.
Kreativa pet d.o.o.
Oreškovićeva 6R
10000 Zagreb, Croatia
+385 95 2000 800