User Agreement

This agreement regulates relations between the Provider and the Client

Main terms of the agreement:

Provider - is a legal entity who provides a range of web hosting services. Officially registered in the Estonia as a private company - RJ Network OÜ, registry code 14694302;

Client - individual person or legal entity that has entered into the Agreement with the Provider on the use of his services;

Basic services in the list of essential services are included such services as a dedicated or virtual server rent and a shared hosting service;

Additional services - in the list of additional services are included domain name registration, SSL-certificates, expanding server resources, rent of additional IP addresses, as well as other services stipulated and prescribed in the Agreement;

Terms that is not prescribed in Agreement are used in meaning specified in legislation, and in their absence – in usual meaning.

Provider Responsibilities:

• To ensure the confidentiality of Client's personal data, used to manage the Provider's services;
• Make everything possible to ensure the smooth operation of equipment used to provide services to the Client;
• Notify the Client of the planned maintenance for at least 24 hours before it. Exceptions are those cases where non-fulfillment of urgent maintenance can lead to equipment failure, data loss, as well as if the Provider work can be seriously disrupted;
• Provide every Client all needed information to manage purchased services;
• Provide technical support and Client's consulting on web hosting services. The Provider is not obligated to provide technical or other support for third-party applications, including web-scripts, as well as managed service;
• Return unused funds to the Client, who wished to abandon Provider services, was not violating the terms of the Agreement. An application for refund shall be made only through the Client area. The application for a refund can be made in free form, without having to specify the reasons for the refusal of the services. The date of return shall be the date of filing an application, unless otherwise were agreed between Provider and Client;

The Client is not allowed:

• To post or store any materials violating legislation of the Republic of Estonia and infringing rules and regulations of the European Union;
• Publish or send any information or software that contains a computer "viruses," "worms," or able to disrupt the normal operation of the computers accessible over the network;
• To make unauthorized and unsolicited e-mailing (SPAM), as well as send messages on bulletin boards, forums and websites using Provider services;
• Publish information aimed at inciting ethnic hatred, as well as calling for violence or the overthrow of the current government;
• To host phishing sites, and any other resources aimed at hacking or cheating visitors to gain access to their personal data;
• Use Provider resources for direct or indirect copyright infringement;
• To host any pornographic material involving underage persons, as well as models of looking younger than 18 years. Pornographic materials involving animals are not allowed as well;
• Sale of goods and services, which is limited by the Estonian legislation. These products are tobacco, alcohol and medicaments;
• Organization of online casinos and other gambling websites, except cases when the Client has all necessary licenses and permits for such activities on the territory of the Estonian Republic;

Terms of the suspension and service denial:

• In case of violation one or more paragraphs these conditions, Provider has the right to instantly block all services. After that Client will receive a notification via internal query system. Further, in the case of a positive solution to the situation on a specific claim (delete prohibited content, the transfer of the site to another Provider, etc.) Provider will reestablish services;
• Provider has the right to restrict or suspend the Clients's service, in case, when Client caused system overload or causing any damage to the Provider, or other Clients;
• The Provider has the right to interrupt the services at the time of maintenance of the equipment used to provide services;
• The Provider has the right to block, and then delete all the Client's data, in case if Client did not payed for services in a specified time;
• The Provider are not checking over the Client's activities and its compliance with applicable laws;
• Provider is a private company, and reserves the right to refuse a Client in the provision of services, without giving a reason;

Period of Agreement validity and it's modification:

• A contract shall be valid from the date of receipt of payment for the service provided;
• Term of the contract is considered to be the entire period during which the Client has used Provider's services;
• Provider reserves the right to modify or amend this Agreement;

Confidentiality and personal data:

• Personal data provided by the Client, are processed in accordance with data protection law. Data can be transferred to third parties only if agreed with Client or in cases stipulated by law;
• Client is responsible for the accuracy of the data provided to Provider;
• The Provider is not responsible for any possible damage in case when Client has been provided any incorrect data;

Responsibilities of the parties:

The Provider is not responsible for damage that has arisen as a consequence:

• Infringements caused by the software used by the Client;
• Actions or omissions of the Client when managing virtual or dedicated server;
• Deliberate or accidental actions of the Client that caused a damage to third parties;
• Virus programs, cyber-attacks and spam mailings organized by the Client;
• Interruptions in work caused by cyber attacks;
• The responsibility of the Provider is limited to the size of the monthly payment for the service provided to the Client.

Terrorist Content and Regulation (EU) 2021/784

• In accordance with Regulation (EU) 2021/784 on countering the dissemination of terrorist content online, it is prohibited to disseminate terrorist content when using our services. This content includes, but is not limited to, content that calls for, justifies, or glorifies terrorist acts, recruits for terrorist organizations, or provides instructions on the manufacture or use of explosives, firearms, or other weapons, poisonous or dangerous substances, or other specific methods or techniques for committing terrorist acts as referred to in article 3(1)(a)–(i) of directive (EU) 2017/541, or facilitates their commission.


• Our actions:
  Terrorist content detected by us is removed immediately. We respond to removal orders from competent authorities within one (1) hour. When monitoring and removing content, we are guided by the principles of due diligence and proportionality.


• Rj Network OÜ does not use automated means to detect terrorist content. Potential cases are reviewed and assessed manually.


• Consideration of context in special cases:
  For content created for educational, artistic, scientific, or journalistic purposes, we always assess the intent of distribution and the context.


• Notification:
  After removing content, we notify the user/content provider, unless the competent authority has prohibited such notification for reasons of public safety.


• Storage of removed content:
  Removed content and associated data will be stored in a secure environment for six (6) months. At the request of a competent authority or court, terrorist content may be stored for an additional, specifically defined period.


• Filing complaints:
  The user/content provider has the right to appeal the removal decision.


• Complaint procedure (Regulation (EU) 2021/784):
  

  If your content has been removed, you have the right to file a complaint.

  Filing a complaint:
  

  Submit your complaint by email to abuse@fairyhosting.com, providing information about the removed content and the reasoning for overturning the removal or blocking decision.

  Review and Decision:
  

  We will review your complaint and notify you of the outcome within two weeks of receiving it. If the complaint is upheld, the content will be restored immediately. If the complaint is rejected, we will provide a clear justification for our decision.

  
  

  Our decision does not limit your right to seek legal action to protect your rights.

• The service provider's contact point for removal orders and notifications from competent authorities in accordance with Regulation (EU) 2021/784: abuse@fairyhosting.com