General user terms and considitions for server eDisk (the "Terms")
1. General Provisions
1.1. "Provider" of services on web server eDisk running on domains edisk.cz, edisk.sk and edisk.eu, is company eDisk s.r.o, based on Kopečná 248/31, Brno, 602 00 Brno registered in the Commercial Register at the Regional Court in Brno, Section C, File 55435
1.2 "User" means a physical or legal person who uses the services of the Server. A registered user is a user who according to the requirements of the Provider (above e-mail address and password) register for services on the server. Premium user is a registered user who has purchased credits from the Provider.
1.3 "Server" is a set of applications, web interface and other features or technically-related hardware and software used to provide access to the Service by the user and providing a service, in particular through edisk.cz domains; edisk.sk; edisk.eu.
1.4 "Service" refers to the range of services provided by the Provider to the User especially storing information provided by the user, pursuant to the provisions. § 5 of the Act. 480/2004 Coll., On certain information society services, in effective wording.
1.5 "Credit" is non-zero positive figure for the amount (volume) of data with limited time of validity only during which they can be used, that allows user to download with unlimited download speed from the provider.Credit can be purchased from a registered user.
1.6 "Premium User" is a user server, which in accordance with these Terms and Conditions has registered and is holding credit.
1.7. The user undertakes to comply with these Terms and Conditions.
2. Services Provider
2.1 The provider ensures the user on Internet network on the Server storage for managing and downloading user data and provides related services. Downloading data refers to data transfer from the server to the user's computer, in any form, including online streaming in the browser of the user. The user can Share data with other users while sharing means making data available to others.
2.2 Provides provides premium users based on credits - download of a certain volume of data through the Server with maximum available download speeds, which allows the technical capacity of the network, in particular individual servers.
2.3 Storage and downloading of data storage is understood start of storage/download process of User. In the case of interruption of initiated downloading of data file from the side of premium user, user’s credit is taken off corresponding to the size of the entire data set, even if the file is not (or not entirely) downloaded. This does not apply if the downloading was stopped for reasons on the part of the Provider.
3. The rights and obligations of users
3.1 When registering, User is obliged to provide is true, current and complete information identifying him as a user. When Provider determines that such information are false, Provider reserves the right to block or cancel account of such User.
3.2 By uploading file on the server, User mandate Provider to automated processing contents of a file allowing the creation of display any available metadata about the content of a file (in particular, according to the nature of the file size, format / codec, resolution, bit rate), including creating a reduced view file content in the form of so-called. "Thumbnail", which will together with the file name represent the contents of files on the server.
3.3 By placing the uploaded file marked for public sharing to further customer mandate Server Provider for automated processing of the recorded file name and its inclusion in the database for searching recorded files.
3.4 The User agrees to not store, download and share data on Server with content which downloading is illegal, especially in conflict with the laws of the Czech Republic, the European Union or the state from which the User uses the services of the provider, respectively state in which the User resides. The User shall not store, download and share data in particular
a) whose content is protected by copyright, or to download this could be an infringement of copyright and other rights in the field of intellectual property rights,
b) that might encourage criminal activity or breach of obligations stipulated by law, or which approve criminal offense
c) that contain pornographic (sexually explicit) works that display or otherwise exploit a child, or in which acts of violence or disrespect for man or depicting sexual intercourse with an animal, d) that promote or support a movement that leads to the suppression of rights and freedoms,
e) that could incite hatred of any nation, race, ethnicity, religion, class or other group of persons or restriction of the rights and obligations of their members,
f) containing false information concerning another which is to compromise the seriousness of his fellow citizens, especially its damage at work, disrupt his family relationships or cause him any harm.
3.5 User declares that he is entitled to place the User Content on the Server. If the user allows the sharing of uploaded files (or. Other User Content), also claims that it is entitled to share such User Content.
3.6 user is responsible for backing-up your own files or other User Content, at their own expense. The provider does not guarantee that any User Content will not be damaged, altered or deleted. The provider is not liable for any damage or any other harm caused by the loss of User Content.
3.7 The user can upload files via FTP only in the usual amounts. After crossing the 100 recorded files in 1 hour User FTP account will be deactivated.
3.8 Upon detection machine loading FTP Services FTP user account will be without compensation deactivated.
3.9 user is allowed to upload files using torrents to only 10GB / day. After exceeding this limit user account will be deactivated.
3.10 User’s accounts can not be transfer against payment or free of charge, rent, lease, sell or in any other way dispose permanently or temporarily to third parties without the prior written consent of Provider. Operator reserves the right to block or cancel user accounts that are used by more people not living in the same household, or block or cancel user accounts that were in violation of this provision.
3.11 User agrees with the processing of personal data provided to them by the Provider pursuant to Act no. 101/2000 Coll., on protection of personal data in order to create a database of users (customers), suppliers and business partners, advertising and marketing activities, sending commercial messages by electronic means of communication at a distance and for statistical purposes for internal use by the Provider. The user declares that he is aware of his rights according to law no. 101/2000 Coll., On protection of personal data, in accordance with § 12 and § 21 of this Act.
3.12 For payment for Credit, the user can make use of the ePlatba + (fast transfer), which redirects them to the their bank's Internet banking. Money transfers within the ePlatba + are made through account of company ComGate Payments a.s. Sensitive input data that are entered by the user to the internet banking system are protected by payment gate of the bank and does not get into the environment of third parties. The provider sees only the transaction information, that bank allows them to see. User gives consent to Provider to process of your data, and until a written statement disagreeing with the workmanship. Contact information, that User fills while ordering of Credits, are used only for Providers' needs and will not be disclosed to others, except for payment processors.
3.13 When saving data file with sexually explicit content, the User is obliged to mark such a file appropriate symbol ( "Adult content").
3.14 User shall not, without the prior written consent from Provider, upload any advertising or business communications in any form to the Server, ie. especially in stored data files, name and description of stored data or in the comments.
3.15 User may not modify the content server or to otherwise interfere with it in any way, threaten, disrupt its operations or obtain personal data about other users.
4. The rights and obligations of
4.1 The Provider is not obliged to actively seek facts or circumstances indicating illegal content transmitted or stored under § 6 of Act no. 480/2004 Coll., On certain information society services (as amended).
4.2 Provider is entitled at any time to delete stored data and prevent data download and it is not obliged to give Users a reason.
4.3 provider does not guarantee User the availability of servers or download and upload speed..
4.4 Provider is entitled to place on the server and sent to the user via e-mail marketing messages informing you about our services, or commercial messages other natural or legal persons who are with the Provider a contractual relationship.
5. Final Provisions
5.1 These Terms and the relationship between the Provider and the User shall be governed by Czech law.
5.2 Communication between the User and the Provider is exclusively electronically (e-mail) except as provided in these conditions.
5.3 The Provider reserves the right to unilaterally amend the text hereof. Changes to the Terms become effective on the date on which the provider determines the fact that in relation to each individual user changes take effect only if the user is changing the conditions, result in agreement. For expression of consent by the User it is considered the continued use of services to the User after the date specified by the Provider as the effective date of changes in conditions. If the user does not agree to a change, it is obliged to cease using the Service Provider after the date specified by the Provider as the effective date of changes in conditions.