Hosting terms of service

This is an agreement between you and Digital Marketing j.d.o.o. za usluge, Otona Kučere 72, 44250 Petrinja, Croatia (“Digital Marketing”).

  • Name: Digital Marketing j.d.o.o. za usluge
  • Registered office: Otona Kučere 72, 44250 Petrinja, Croatia
  • VAT ID (OIB): 27989586968
  • MBS: 081122097 · MB: 04797965
  • IBAN: HR1524020061100845677 · SWIFT/BIC: ESBCHR22

In this Agreement, “you” and “your” refer to you or any agent, employee, officer or person authorised to act on your behalf. “We”, “us” and “our” refer to Digital Marketing j.d.o.o. and its subsidiaries and affiliates. This Agreement sets out our obligations to you and your obligations to us for the services we provide as part of the hosting service you have purchased (the “account”). It also applies where you use your account, or allow someone else to use it, to purchase or gain access to additional services or products or to cancel services, even if we were not notified of such authorisation.

1. Terms of the Agreement and changes

You agree that Digital Marketing j.d.o.o. may change this Agreement and the services it offers from time to time, and that you will be bound by changes we make in accordance with good business practice. If you have purchased services or products from us, the terms of this Agreement remain in force for as long as you use them.

2. Accurate information

You agree to keep the information associated with your hosting account accurate for as long as you use our services and to notify us of any change to your registration details within five (5) business days. Failure to respond within five (5) business days to our request to verify your details constitutes a material breach of this Agreement. If your information is inaccurate, out of date, false, misleading or incomplete, or we have reasonable grounds to suspect so, we may, at our sole discretion, stop providing our services and close your hosting account.

3. Data protection

We undertake never to give third parties access to your data or to your hosting account without your knowledge, unless requested by a competent state authority on the basis of a valid order.

4. Prohibited activities

You agree not to use Digital Marketing products and services in an unacceptable manner, which includes, without limitation:

  1. distributing or sending unsolicited messages, chain letters, unsolicited commercial email or unreasonably large volumes of email;
  2. distributing or transmitting material that is offensive, obscene, pornographic, defamatory, vulgar, threatening or malicious;
  3. distributing or transmitting files, graphics, software or other material that infringes copyright, trademarks, patents, trade secrets or other intellectual property rights;
  4. creating a false identity or otherwise attempting to conceal the identity, source or origin of any communication;
  5. interfering with or attempting to gain unauthorised access to any computer system, server, network or account;
  6. distributing viruses, Trojan horses or other malicious code;
  7. any other activity we consider to conflict with the spirit or intent of this Agreement;
  8. using the server as an “open relay” or for similar purposes, including pirated software, hacking programs or archives, warez and mp3 sites and IRC bots.

Digital Marketing j.d.o.o. is the sole judge of what constitutes a breach of this provision.

Violating system or network security is prohibited and may result in criminal and civil liability. This includes, but is not limited to: unauthorised access, probing or scanning of security measures, disrupting service to any user or network (mail bombing, flooding, deliberately overloading systems) and forging TCP/IP packet headers or email headers.

Programs that consume excessive CPU resources or storage are prohibited, as is using email, forwarding, POP accounts or autoresponders other than for your own account, and reselling access to CGI scripts installed on our servers. Running a public recursive DNS service is prohibited; all recursive DNS servers must be restricted to a specific network or set of IP addresses. We actively scan for public DNS services and reserve the right to remove servers that violate this rule.

Sending SPAM is strictly prohibited. Email sending is limited to 200 messages per hour across all email accounts of one hosting account. If you exceed the limit or send unsolicited commercial email, we may temporarily suspend your account.

You are responsible for not overloading our DNS systems or servers. If you do so deliberately, you will bear all fees, costs and penalties associated with the overload. You may not use our servers or your account as a source, intermediary, reply-to or destination address for mail bombing, flooding, packet corruption, denial of service or other attacks. Hacking and other security-breaching activities are prohibited, and we may immediately remove websites containing such information or links to it. Using your account as an anonymous gateway, or to restrict other users’ use of the internet, is prohibited. You accept that we may remove your account temporarily or permanently if your activities threaten the stability of our network.

You agree not to provide free hosting, free subdomains or free email addresses from your account. If we discover this, we may deactivate the account immediately without a refund.

5. Data storage and security

Throughout the service you bear the risk of loss of and damage to your hosting account and its content, and you are responsible for keeping your password and account details confidential. You are solely responsible for all actions, omissions and costs arising from the use of your account or password, and for the content linked, displayed or transmitted on our server. You are responsible for: (1) preventing loss of or damage to your account content; (2) keeping your own archive and backup copies of your content; (3) the security, confidentiality and integrity of content you transmit or store on our servers; and (4) keeping your password secret. Our servers are not an archive, and we accept no liability to you or any third party for loss, damage or destruction of your content.

6. Non-exclusive licences

If you have leased licensed software from us, we grant you a limited, non-exclusive, non-transferable licence for its ordinary use. You may use the software on any computer, but not on two or more computers at the same time. You agree not to modify it, combine it with other programs, create derivative works, add plug-ins or enhancements to it, or reverse engineer or disassemble it to discover the source code.

We retain all rights to the software; the software and all authorised copies are our intellectual property and are protected by copyright. Apart from the rights expressly set out in this section, this Agreement grants you no other rights to the software.

Software and services are provided “as is”, without warranty of any kind, express or implied, including warranties of merchantability or fitness for a particular purpose.

7. Hosting account

We will open and maintain an account for you in accordance with the service you have purchased and paid for, together with the domain purchased or provided. The agreement renews automatically at the end of the rental period unless you indicate otherwise. Once we have received and, in agreement with the account holder, processed a cancellation request, the agreement is formally terminated and we may remove the account from our servers at any time. After a cancellation is processed we do not archive your website or data, so you must secure access to all your files and data before cancelling. We are not liable for any data loss after an account is cancelled or the billing cycle is interrupted.

8. Lawful purposes

Hosting and reseller hosting accounts and related services may be used only for lawful purposes and in accordance with all applicable regulations. Hosting is intended for serving web documents, not as an archive for file storage, so only files directly related to the website on the account are permitted. A breach of this or any other provision may result in termination of service, with or without prior notice, as we decide based on the severity of the breach. We reserve the right to refuse service if the content of a website or links from it may be considered unlawful, misleading or obscene.

9. Prices

You confirm that the nature of the service, its prices and costs of use have been explained to you, and that we reserve the right to change prices from time to time.

10. Safe use and limits

You agree not to harm us, our reputation, computer systems, program code or other users of our services. We reserve the right to choose the server for your account. The service runs on a shared server; to keep performance optimal, websites or processes using more than 25% of available resources for longer than 60 seconds will have to move to a VPS or dedicated server, which may increase the price of the service. Until then we may suspend the service. The following limits also apply:

  • no more than 5,000 files open at the same time (this does not limit the total number of files)
  • no more than 200 emails sent per hour from one domain
  • running standalone server-side processes (daemons) is prohibited
  • running web spiders, indexers or search engines is prohibited
  • BitTorrent and peer-to-peer applications are prohibited
  • cron jobs may not run more often than every 15 minutes, nor more than 5 at a time
  • file-sharing services are prohibited
  • adult content is prohibited

11. Hacked or infected websites

If your website is hacked or infected by viruses, worms, Trojan horses or similar programs, we may suspend your account or change the passwords of the infected services until you remove the infected files. If it happens again, we may shut down the account and cancel the service without a refund. You are responsible for updating your website, installing new software versions and taking care of its security. The hosting service does not include analysing infections or cleaning websites; we offer that separately for WordPress websites according to our current price list (or as part of a maintenance plan). If you have a backup from before the infection, we will restore it free of charge.

If you do not agree with this provision, the service may be terminated without a refund.

12. Third parties

If you sell or resell advertising space or web space to a third party, you are responsible for that content and for the actions of that third party. We may refuse third-party advertising or content that is unlawful, offensive or contrary to our policies, which may lead to suspension or termination of the account.

13. Support

The hosting service covers the correct operation of all services needed to run a website (PHP modules, MySQL databases, etc.) as well as the email service and webmail in the cPanel interface. Support does not include fixing errors in websites or in scripts installed by the user, or configuring email applications (Outlook, Gmail, etc.). You can always check that email works via webmail in cPanel; we are not responsible for, and do not support, email problems in third-party applications.

14. Domain registration

You are responsible for keeping track of domain registrations, transfers and renewals. If you notice an error, you must notify us immediately. We are in no event liable for any damage caused by omissions or delays in registering, transferring or renewing a domain.

15. Fees, payment and refunds

You agree to pay for purchased products and services immediately after ordering. All fees are due immediately and are generally non-refundable unless expressly stated otherwise, even if the service is discontinued, suspended or transferred before it expires. We reserve the right to change prices with notice by email or on our website.

16. Billing

For an annual plan, the billing date is set by the purchase date: if that is, for example, 15 January, you will be billed every 15 January for as long as the service lasts. If you have chosen automatic renewal, we will renew the services automatically at the current price.

If you do not pay on time, we may cancel the service immediately without notice, whether hosting or a domain. We reserve the right to charge a reasonable administrative fee for work outside the scope of our regular services.

17. Limitation of liability

Services are provided “as is” and, to the fullest extent permitted by law, we disclaim all express or implied warranties, including warranties of merchantability or fitness for a particular purpose. We do not guarantee that the services will meet your requirements or operate uninterrupted or error-free. In no event are we liable for any direct, indirect, incidental, special or consequential damages (including procurement of substitute goods or services, loss of data or profits, or business interruption), on any legal basis, even if we were advised of the possibility of such damage.

18. Indemnity

On behalf of yourself and your legal successors, you release Digital Marketing j.d.o.o., its affiliates, employees, agents and representatives from all claims, demands, losses and damages of any kind, known or unknown, arising from the products and services and their acquisition and use.

You agree to defend, indemnify and hold us harmless from any loss, liability, damage or cost, including reasonable legal fees, arising from a breach of the representations or warranties in this Agreement, your negligence or wilful misconduct, or any claim that your account infringes the copyright, trademark or other intellectual property rights of third parties or discloses their trade secrets.

19. Termination

You are responsible for notifying us if you wish to stop using our services or products. Notice of termination must reach us no earlier than 10 days and no later than 3 days before your billing date.

20. Entire agreement

This Agreement, with all amendments, is the complete and exclusive agreement between you and us and supersedes all prior proposals, agreements and communications. It may only be changed by a written document signed by authorised representatives of both parties.

21. Relationship of the parties

Nothing in this Agreement creates an agency, partnership or any other form of joint venture between the parties.

22. Enforceability

If any provision becomes unenforceable or invalid, the rest of the Agreement remains valid. We will replace such a provision with a valid one that achieves the original intent as closely as possible.

23. Assignment and resale

Your rights under this Agreement are not transferable. Any attempt by your creditors to exercise rights under this Agreement, by seizure or otherwise, renders it void at our option. Without our express written consent you may not reproduce, copy, sell, resell or commercially exploit any service or part of it.

24. Force majeure

Neither party is liable for interruption or delay in performing its obligations due to circumstances beyond its control, including earthquake, flood, fire, storm, natural disasters, war, terrorism, armed conflict, strike, boycott, power outage or shortages. If such an event lasts more than thirty (30) days in total, we may terminate the Agreement immediately.

Last updated: 23 February 2024

The Croatian version of this document is legally binding.