I. GENERAL CONSIDERATIONS1.1. Billing.lukman.pl is owned and operated by Lukman „LUKMAN MULTIMEDIA” Sp. z o.o and is subject to its Terms of Service. These Terms of Service define conditions and scope of contract between: „LUKMAN MULTIMEDIA” Sp. z o.o with seat in Warszawa (addres : 01-129 Warszawa, ulica Leszno nr 14, NIP: 825-213-41-29, REGON: 060530228) Registered at the company register conducted by the Sąd Rejonowy dla m.st. Warszawy w Warszawie XII Wydział Gospodarczy Krajowego Rejestru Sądowego pod nr KRS 342749 with share capital of PLN 2 901 000, providing services, notably electronic mail, virtual servers, domain registration, dedicated servers, colocation of servers hereinafter referred to as “Lukman” and the user of the above services hereinafter referred to as “Subscriber”. 1.2. These Terms of Service and changes to them take effect upon their publishing on the billing.lukman.pl website subpage. They describe the manner and terms of using the services and define the rights and obligations of both parties. The use of Lukman services by the Subscriber constitutes the acceptance of these Terms of Service in the form available on the billing.lukman.pl website subpage. 1.3. Ordering by a Subscriber of selected service through the order form on the billing.lukman.pl website subpage (with possible subsequent modifications) or ordering a service in another way, including telephone, email, fax, letter or in person and executing a payment constitutes a conclusion of a contract between Lukman and Subscriber and an acceptance by the Subscriber of present Terms of Service and commitment to adhere to them. Any complaints claiming ignorance of these Terms will not be taken into consideration. 1.4. Lukman reserves the right to revise its Terms of Service at any time. Non-termination of the present contract by the Subscriber within 7 days from the date of the introduction of a change to the present Terms shall be considered an acceptance by the Subscriber of a change to these Terms. Changes to the Terms of Service shall be announced on the billing.lukman.pl website subpage and shall enter into effect upon their publication on the website. Lukman is not obliged to inform the Subscriber of the changes of the Terms of Service in another way than the one described in this paragraph.
II. USE OF SERVERS2.1. Lukman provides services enumerated in par. 1.1. An up-to date and detailed offer of Lukman is presented on the billing.lukman.pl website. 2.2. The Subscriber is fully and solely responsible for the content stored on the servers used by him and made available to him by Lukman. All services provided by Lukman may be used for lawful purposes only, which excludes, but is not limited to: copyrighted material, material we judge to be threatening or obscene or material protected by trade secret and unsolicited email (spam) and invasion of privacy. Lukman will be the sole arbiter in determining violation of this provision. 2.3. Lukman reserves the right to remove from the server uncertain software, especially units of Shell and IRC services, if they, directly or indirectly, may bring damage to Lukman or its other subscribers, or if there is only a presumption that such software might cause damage. 2.4. The Subscriber agrees that Lukman will process the Subscriber’s personal details, which he provided to Lukman during the registration procedures. The Subscriber states that he is aware of his right to inspect and correct his own personal details. Lukman commits itself to observe the confidentiality with respect to the Subscriber’s personal information. Unless the Subscriber has expressly disagreed to it, Lukman can put on his reference list the Subscriber’s name or his firm’s name and the Internet address of his website. Lukman can send to the Subscriber notifications, newsletters, special offers and other information. 2.5. The Subscriber is obliged to protect his access password and undertakes not to attempt to crack other subscribers’ access passwords or to be detrimental in another way to other users. 2.6. Wherever the Terms of Service set a limit on the data transfer or capacity, the Subscriber pays for exceeding such limit or moves to a higher package. The data transfer limit from a given month cannot be utilized in the next month. 2.7. The Subscriber is liable for damages caused by a non-professional use of the rented service, by his non-observance of these Terms of Service and by his illegal activities on the Internet.
III. CONCLUSION AND EXTENSION OF AGREEMENT3.1. The agreement on provision of services is concluded by completing and sending by the Subscriber of the online order form, by acceptance of the order by Lukman and by payment for the ordered service by the Subscriber. Lukman reserves the right to refuse to accept an order, among others due to previous misconduct or lack of creditworthiness. Provisioning time of servers is subject to availability of hardware. 3.2. The contract of provision of serviceis concluded for a period defined in the online order form and is automatically extended with an implicit consent of the parties for each successive billable period thereafter at the then applicable prevailing rates and charges, unless written notice of cancellation is received from Subscriber at least21days prior to the beginning of the next billable period. 3.3. The present Terms of Services applies also in the case of ordering services in a way other than by an online order form, unless the parties decide otherwise in writing. 3.4. Each party can terminate the present contract at least 21 days before the beginning of the next billable period. 3.5. Notwithstanding the above ruling Lukman reserves the right to: a) terminate the contract and to switch off the server in the case of non-payment for the service within the deadline. b) refuse, suspend or cancel any account, at any time, without notice, for any reason Lukman considers appropriate in the light of violation of present Terms, especially of its par 2.2. The Subscriber agrees that Lukman may not be held liable for any decision to so refuse to provide service. 3.6. Lukman is not obliged to refund the service fee if the contract has been terminated due to the Subscriber’s fault prior to the expiry of the service period. 3.7. After the end of the contract, whatever its reason, the Subscriber must discontinue immediately to use the server and make a backup of its data. Lukman cannot be in any way held liable for the loss of data of the Subscriber.
IV. PRICES, BILLING, PAYMENTS4.1. Payments for services are made by the Subscriber in advance. The payments can only be made in amounts and for periods published on the billing.lukman.pl website subpage. 4.2. The subscription fee is a payment for using a virtual server account or a dedicated server, VPS or colocation in the Lukman network and does not cover such services as Internet access, software configuration or creating a webpage. 4.3. The subscription fee is subject to change, if Lukman decides that there are sufficient grounds for doing so, especially, but not exclusively, change of domain registrar charges, change of charges of other providers, or change of exchange rates. The payment of the subscription fee protects the Subscriber from changes of fees until the end of period for which the Subscriber has paid the subscription fee. 4.4. Lukman can issue and dispatch the invoice in electronic form under the Ordinance of the Minister of Finance of 17 XII 2010 (Journal of Laws Nr 249, pos 1661 of year 2010 with latter additions) and the acceptance of the present Terms of Service by the Subscriber constitutes an agreement to do so. 4.5. Payment for the extension of subscription must reach Lukman before the beginning of the subsequent billing period. If payment is not received by that date, Lukman has a right to terminate the contract and to switch off the server. 4.6. Lukman does not bear any responsibility for payment delays caused by third parties such as banks, post offices, etc. 4.7. Termination of contract does not acquit the Subscriber from paying to Lukman the amounts due. 4.8. Lukman charges for settling arrears and eventually for reinstallation of the server an amount defined in the price list..
V. LIABILITY AND LIMITATION OF LIABILITY OF LUKMAN5.1. Lukman undertakes to provide a 99,5% server uptime as an average over a year. In the period of a year, 1% of time in the year average may be allocated to maintenance. Lukman will compensate the Subscriber for a possible proven lack of continuity in delivering services lasting longer than 24 hours due to Lukman’s fault by extending the period of provision of service by double the period of non-activity of the account, unless the downtime was caused by the breakdown or impropriate functioning of telecommunication infrastructure which are beyond control of Lukman. 5.2. Except as set forth above, service is provided on an “AS IS” and “AS AVAILABLE” basis and Lukman excludes and Subscriber hereby waives all other representations and warranties, express or implied, arising by operation of law or otherwise, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement and title, as well as any warranties arising from a course of dealing, usage or trade practice, provider does not warrant or guaranty that the service will operate without fault, error or interruption. Neither party shall be liable for any indirect, incidental, special, consequential or damages (including but not limited to, damages for lost profits, lost revenues, lost opportunity to develop business, lost expected savings, whether caused by the acts or omissions of a party’s employees or representatives, culpable negligence, or willful misconduct regardless of whether such party has been informed of the likelihood of such damages. The liability of provider for damages arising out of the furnishing of service or any other matter hereunder, including but not limited to mistakes, omissions, interruptions, delays, tortuous conduct, errors or other defects, representations, use of service or arising out of the failure to furnish service, whether caused by acts of commission or omission, (including Subscriber hardware or software failures or any other damage occurring after the provision of the service) shall be limited to the extension of provision of service as set forth above . IN NO EVENT SHALL LUKMAN’S CUMULATED LIABILITY EXCEED THE PAYMENTS MADE BY SUBSCRIBER TO LUKMAN IN THE GIVEN MONTH 5.3. Neither party shall be liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments due hereunder) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control (“force majeure” event), including, without limitation, fire, flood, electricity cuts longer than 48 hours, labor disputes, legal acts, accidents, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for a party to perform its obligations under this Agreement. 5.4. Subscriber agrees to take full responsibility for files and data residing on Lukman’s servers and to maintain all appropriate backup on its own of files and data stored on Lukman servers. Lukman is not liable for the loss of data, including the loss resulting from delays, non-deliveries, wrong delivery, and any service interruptions caused by Lukman and its employees. Lukman is not liable for the quality of information received via electronic mail or for its content. 5.5. Lukman is not liable for damages caused by the Subscriber, notably, but not limited to incorrect use of service, loss of password, provision of inaccurate and incomplete information 5.6. A complaint made by the Subscriber in connection with the non-execution or improper execution of services ought to be drawn up and posted within 14 days of the cause of complaint. Lukman considers the complaint and replies to the Subscriber in writing within 14 days.
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