General terms and conditions - hosting
These Terms of Use regulate in more detail the relationship between the provider of pre-paid web hosting services, the company Terrakom d.o.o., with its registered office in Zagreb, Ulica Ivice Drmića 10, OIB 29050776382 (hereinafter Terrakom d.o.o.), and the users of the services. A user of the services may be a legal entity or a natural person with legal capacity (hereinafter the CUSTOMER).
The Terms of Use of the service that follow are necessary in order to ensure the best possible service to all our customers while at the same time meeting our legal and moral responsibilities. Failure to comply with any of the terms will result in deactivation and/or suspension of the user account without special warning, in which case there is no refund of amounts already paid for fees. Terrakom d.o.o. has the discretionary right to decide what constitutes a breach of the Terms of Use of the service.
1. Illegal use
Our servers may be used only for legally permitted activities. The transmission, storage or distribution of information, data or material that violates any laws, in particular the Copyright and Related Rights Act (NN167/03, NN79/07) or its provisions, is strictly prohibited. This includes, but is not limited to: copyrighted material, trademarks, trade secrets or other intellectual property or rights used without authorisation, and material that is obscene, offensive, constitutes an unlawful threat, or violates export control laws. Examples of unacceptable content or links: pirated software, hacker programs or archives, warez sites, MP3s and IRC bots. A subscriber to our services agrees to indemnify Terrakom d.o.o. and not to hold it liable for any claims arising from the use of the services in a way that harms the subscriber or any third party. Terrakom d.o.o. decides what constitutes a breach of these rules.
2. Security
Violation of system or network security is strictly prohibited and may result in criminal and civil liability. Some examples, among others: unauthorised access, use, probing or scanning of system security or authorisation measures, data or traffic. Interference with the service of any user, host or network, mail bombing, flooding, deliberate attempts to overload the system, broadcast attacks, etc.
3. Server resources
Any web hosting customer who uses a large amount of server resources will be offered either to pay for the additional resources (moving to a VPS) or to reduce their resource needs to an acceptable level.
4. Domains
4.1 Registration of a commercial domain
Through our domain registration service we offer you the registration of all commercial domains for private individuals and legal entities.
Commercial domains are .com, .net, .org, .biz, .info, .com.hr, .me, .hr, .eu.
Terrakom 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 the initial availability check.
If a domain has been paid for but is not available, Terrakom 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 activity:
- natural persons carrying out an independent activity still have the right to register one free domain;
- the name of the free domain must contain the name of the independent activity and the first and last name, or part of the first and last name, of the owner, or an indication of the type of independent activity;
CARNet is responsible for allocating free .hr domains.
The statutory period within which CARNet is obliged to respond to a request is 10 working days from the submission of the forms to CARNet.
More information is available at http://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 Croatia,
- all natural persons in Croatia,
- foreign legal entities with a registered branch in Croatia,
- legal entities established in the EU, using a VAT/OIB number
There is no limit on the number of paid .hr domain registrations.
4.4 Ordinance on the organisation and management of the top-level national internet domain
Domains in the .hr domain space are governed by the Ordinance on the organisation and management of the top-level national internet domain, available in full here, and by the Ordinance on Amendments to the Ordinance on the organisation and management of the top-level national internet domain, available here.
4.5 Accurate entry of all customer data about the domain.
It is very IMPORTANT to enter all customer data about the domain correctly, in particular the e-mail address of the domain holder, because the domain data is managed through the e-mail address of the domain holder listed in the .hr domain Register; besides changing data, it is also possible to request deletion of the domain and a change of the domain holder.
The domain holder alone is responsible for the accuracy of the e-mail address provided, and all activities carried out through that address are deemed valid.
5. DDoS attacks
Terrakom d.o.o. has the right to block access to an attacked server IP address without prior notice.
The attacked server is automatically suspended at that moment for a period of at least 24 hours, while the attacked IP address is blocked for a period of at least one month. The customer is entitled to a new IP address. If a DoS/DDoS attack on an individual customer is repeated more than once, the customer’s account may be terminated.
6. IRC and similar.
Terrakom 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. IRC: Terrakom d.o.o. does not allow IRC or IRC bots on our servers.
7. Backup
Terrakom d.o.o. performs daily backups on all servers. Terrakom d.o.o. is not liable for lost data, time, revenue or any other resources due to faulty or missing backups.
8. UCE (Unsolicited Commercial Email)
OR SPAM Spamming, or sending large quantities of unsolicited e-mail messages from or via Terrakom d.o.o. servers, or the use of an e-mail address served by the host, is entirely prohibited. If the CUSTOMER ends up on spam lists, Terrakom d.o.o. reserves the right to block the customer’s account in order to protect the server. Terrakom d.o.o. is the one that decides when this rule has been breached.
9. Viruses
If the CUSTOMER sends viruses to other customers through their user account or constantly receives viruses, Terrakom d.o.o. reserves the right to block all user accounts in order to protect the server and other customers. The CUSTOMER is obliged to provide antivirus protection and IT support within the company independently. CUSTOMERS release Terrakom d.o.o. from liability for damage caused to them or to anyone else through the use of our services. Terrakom d.o.o. services are offered as they are, without any warranties, express or implied. We do not claim or guarantee that our service will be entirely secure, uninterrupted and error-free, because we are unable to control all the conditions required for the use of the service.
10. Server misuse
Any attempt to destabilise or damage the servers of Terrakom d.o.o. or of our customer is entirely prohibited. Any failure to observe all the stated guidelines and rules will result in 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 the termination.
11. Distribution of programs and various software
Terrakom d.o.o. user accounts must not be used for the purpose of distributing software and multimedia products. If you wish to distribute software and/or multimedia files, please contact us for a special arrangement.
12. Multimedia
Multimedia files are defined as all graphic, audio and video files. Terrakom d.o.o. user accounts must not be used for the distribution and storage of large quantities of multimedia material. If the CUSTOMER uses more than 70% of the disk space for storing multimedia data, either in terms of total size or in the number of files, the account will be deemed to contain an unusual quantity of multimedia documents.
13. Actions taken by Terrakom d.o.o.
Any failure by the customer to observe and/or fulfil the stated provisions and conditions is grounds for deactivation of the account. Terrakom d.o.o. reserves the right to remove a user account without prior notice. When Terrakom d.o.o. establishes non-compliance with its rules, it will initiate a review of possible unlawful conduct by the customer. During the review, Terrakom d.o.o. may restrict the customer’s access in order to prevent further potentially unauthorised activity. Depending on the seriousness of the unlawful conduct, Terrakom d.o.o. may restrict, suspend or terminate the customer’s user account and/or take other action relating to civil liability. If the unlawful conduct constitutes a criminal offence, Terrakom d.o.o. will notify the competent authority. Customers release Terrakom d.o.o. from liability for damage caused to them or to anyone else through the use of our services. Terrakom d.o.o. is not liable for problems arising from power failures, link outages, or hardware or software faults of other manufacturers that cannot be foreseen. Terrakom d.o.o. will take all steps to remedy such a fault as soon as possible.
All disputes fall under the jurisdiction of the court in Zagreb.
14. Customer responsibilities
The CUSTOMER is responsible for all activity originating from their user account, unless it is proven that they are the victim of external hacking or address forgery. The CUSTOMER is responsible for securing their own username and password. The CUSTOMER assumes responsibility for all material on their website, including material posted by someone else. Use of Terrakom d.o.o. services requires a certain level of knowledge of the internet, protocols and programs.
15. Payments
Our service is based exclusively on a pre-paid model (so-called PRE-PAID), which may cover periods from one to twenty-four months. Terrakom d.o.o. is not obliged to provide the service to a customer who has not settled all their debts for the upcoming ordered period. Terrakom d.o.o. undertakes to contact the CUSTOMER no later than 15 days before the leased service expires and to offer them an extension or deactivation. The CUSTOMER undertakes to settle all claims of Terrakom d.o.o. no later than 15 days from receipt of the offer, unless otherwise agreed. All prices on these web pages are stated excluding VAT at 25%! Development and administration services are charged additionally.
16. Changes
Terrakom d.o.o. reserves the right to add, delete or amend any condition of the new document; existing customers will be notified of such changes.
17. Withholding of service
Terrakom d.o.o. is not liable for any damage arising from the withholding of the service, nor for any costs incurred as a result of the withholding of the service.
Terrakom d.o.o. has the right to withhold the service (hosting, server, etc.) or any service related to it (mail, web, etc.) if there are open and unsettled items, i.e. debt of the Customer, in respect of any service performed by Terrakom d.o.o.
Terrakom d.o.o. has the right to withhold the service (hosting, server, etc.) or any service related to it (mail, web, etc.) if there are any disputes between the Customer and Terrakom d.o.o.
The Customer will be notified of any action by e-mail or in writing (except under point 5).
By purchasing, i.e. activating, any service, the Customer declares that they have read, fully understood and accepted these Terms of Use of the service.
In the case of a .hr or .com.hr domain, by purchasing the service the customer declares that they have read, fully understood and accepted the Ordinance on the organisation and management of the top-level national internet domain. The full text of the Ordinance is available here.
Terrakom d.o.o.
Ulica Ivice Drmića 10
10000 Zagreb, CROATIA
0800 7575