The General Terms and Conditions for the Use of FreeDNS Services

Part I General Provisions

Article 1

The provider of FreeDNS Services is DHH.si d.o.o., Pod hribom 55, 1000 Ljubljana, Slovenia, VAT ID No. SI38077736 and Company Reg. No. 1883763000. The provider’s (hereinafter: the Provider) e-mail address is info@freedns.si.

A user of FreeDNS Services (hereinafter: the User) is any legal entity or natural person using FreeDNS Services.

The Application and Validity of the General Terms and Conditions

Article 2

FreeDNS Services are specified in these General Terms and Conditions for the Use of FreeDNS Services (hereinafter: the General Terms and Conditions) binding to all users.

The General Terms and Conditions also apply to users who use the Services based on a contract or another relation with a third party having a contract concluded with the Provider whereby the latter granted to the third party the right to grant access to FreeDNS Services to its users. The acceptance of these General Terms and Conditions and the use of the Services by such users shall result in no contractual relation between the Provider and the User. The provisions hereof shall prevail in the case of any discrepancy between these General Terms and Conditions and the contract concluded between the third party and its user.

The User shall confirm by using the Provider’s services to be familiar with the entire content hereof and to comprehend and fully accept it.

Article 3

The Provider hereby reserves the right to amend the provisions hereof at any time without prior notice to the User. The date of publication on the website www.FreeDNS.si shall be deemed the date of an amendment.

The User should weekly visit the website www.FreeDNS.si to check for any amendment hereto as any such amendment shall enter into force 15 days after its publication and apply to the business relation thereafter.

Prices and Commercial Terms

Article 4

The use of FreeDNS Services shall be free of charge.

Duration and Discontinuation of the Services

Article 5

The Provider may at any time and with no notice period cancel User’s access to Services if the User continues after having received a warning to violate the provisions hereof or causes harm to another User.

A notice period of 30 days shall apply if the Provider discontinues the provision of the Service. After the notice period, the Provider shall have no obligation to render the Service and may not be held liable for any loss incurred by the client as a result of the discontinuation of the Service.

Competition and Data Security

Article 6

The Provider and the User shall keep as a business secret during the contract term and at least three (3) years thereafter all the information on the other party obtained during the course of business cooperation.

Notwithstanding the first paragraph hereunder, each party may publicly disclose and include in their respective list of references the cooperation with the other party and the subject matter thereof (the solution) and may include in their respective websites and publications links to the solution rendered by the Provider to the User.

The information deemed a business secret in accordance with the first paragraph hereunder may not be used by a party on its own or with other persons for purposes outside the scope hereof and may not be forwarded or disclosed in any way to a third party.

Information and data that were publicly and legally available (published) in a customary manner (e.g. on websites, in public records, in the media etc.) at the time of entry into contract shall not be deemed a business secret.

Each party shall ensure, in accordance with the Personal Data Protection Act, the security of personal data of employees and contractors of the other party obtained as a result of execution of the contract or in relation thereto.

User Support

Article 7

Users may contact technical support during business days between 8 a.m. and 8 p.m.; as a rule, by sending an e-mail to info@freedns.si or by calling the phone number +386 (0)1 777 78 77. Technical support may be contacted by e-mail during weekends and holidays between 8 a.m. and 8 p.m.

The Provider may disregard any request for support not sent to info@freedns.si from the e-mail address specified in the FreeDNS system as the User’s contact e-mail address (hereinafter: the User’s E-mail).

The provision of support may be subject to or limited by the type of subscription and the Provider's Price List may apply.

Article 8

By registering a user account, the User agrees to receive from the Provider during the entire contract term information, notices and surveys sent to the User’s E-mail, which are directly or indirectly related to services rendered by the DHH.si Group.

Rights and Obligations of the Provider

Article 9

FreeDNS Services depend on the general operation of the Internet. The User is aware that the server availability depends on third parties and the Service Provider shall do all in its powers to ensure constant and uninterrupted operation.

Article 10

The User shall use FreeDNS Services exclusively for hosting DNS records of its own domains or domains for which it has authorisation from their respective owners. The Provider may cancel without prior notice the DNS service for domains for which it is undoubtedly clear that they are not owned by the User and for which no authorisation has been obtained from the owner.

The Provider may request from the User the removal of a domain or may suspend or cancel in any other manner access to domains if the Provider finds them doubtful or harmful or in violation of these General Terms and Conditions.

The Provider may terminate the use of domains, which pose an excessive burden on servers, are deemed a security threat or endanger the stability of the Service.

The Provider shall perform technical maintenance of servers between 10 p.m. and 6 a.m. An advance notice of at least two days sent via e-mail or published on the Provider’s website shall be given in the case of any planned interruption exceeding two hours.

The Provider may use for marketing purposes any positive statements of clients obtained by e-mail or over the phone. The Provider shall anonymise the data to prevent identification of the client unless the latter grants an express permission for such identification.

The Provider may obtain data from server logs and other sources for analytical purposes, improved client segmentation and marketing.

Exclusion and Restriction of Liability of the Provider and Liability of the User

Article 11

The Provider may not be held liable for any loss incurred by the User in the use of the Services or in relation thereto if such loss arose from:

In any case, the Provider may not be held liable for damages.

It shall be the client’s responsibility to make and store copies of data stored on the Provider’s servers.

The User causing loss to be incurred by the Provider or third parties shall provide reimbursement in accordance with the general rules on liability for damages. Forwarding information needed to claim damages to the injured party or to a person authorised by such a party, a court or other competent authority shall not be deemed a violation of the User’s business secrets.

The User has been informed that the Provider shall offer full cooperation to competent government authorities in the case of use of the Service in violation of the law.

Rights and Obligations of the Client

Article 12

In the case of a change in the data provided by the User upon registration, such change shall be registered in the FreeDNS system within eight days after the change. The User shall bear any and all adverse consequences of a data change not being registered even if the deadline specified in the previous sentence hereunder has not yet passed.

Article 13

The User shall be responsible for the secrecy, security and use of access passwords and user names for accessing the Service by the User and its respective users. The User shall be responsible for the content of services offered, security of confidential information and compliance with the general moral and ethical norms. The User shall comply with the law as regards the disclosure and provision of information, servicing and services and shall be held responsible for any and all consequences of permitted and prohibited use of the Services by the User and its users.

Notices to Users and Purpose of Data Processing

Article 14

The User or the person who created a user account on the website www.FreeDNS.si agrees that the Provider or a third party with which a contract on the rendering of the Service has been made may send e-mail notices concerning the operation and capacity of FreeDNS Services, new developments related to FreeDNS Services, amendments or supplements hereto, commercial campaigns and benefits related to the use of FreeDNS Services and other messages connected to the services rendered by the Provider. The User agrees that such notices may contain commercial messages (advertisements) of the Provider or third parties.

The User or the person who created a user account on the website www.FreeDNS.si agrees to the receiving of newsletters or other e-mail notices sent by the Provider to the e-mail address entered upon registration and to the storage and processing of User data by the Provider as laid out hereunder.

The User has been informed and agrees that the Provider may, as regards the e-mail notices sent, collect data specifying which User has read an e-mail notice and which links in the notice have been clicked on. The User agrees that the Provider may use such data to adapt its offer and/or the content of future e-mail notices sent to a specific User.

The User agrees that the Provider may use any and all data obtained during the rendering of the Service to the User for the needs of the Provider without restrictions, including for market analyses and adjustment of its products and services in line with the findings of analyses, and may submit such data to third parties, either against payment or free of charge.

Personal Data Protection

Article 15

The User agrees that the Provider may collect and process User’s personal data for business purposes.

If, in the course of rendering the Services, the Provider processes personal data for the User, the acceptance of these General Terms and Conditions shall be deemed the conclusion of a contract in writing on the contractual processing of personal data and an agreement on the collection and processing of personal data in accordance with the law governing personal data protection.

The Provider shall grant to the User unrestricted access to data of the User and their editing via the FreeDNS system.

The Provider shall keep personal data for the period stipulated by law.

Contractual Personal Data Processing

Article 16

Considering that the Provider may have during the rendering of the Services access to personal data with regard to which the User is deemed a personal data controller and the Provider a contractual data processor within the meaning of the Personal Data Protection Act (ZVOP-1) and considering that, pursuant to the Personal Data Protection Act, the User has an obligation to regulate the matter of contractual processing of personal data by a contract in writing, the Provider and the User hereby regulate in writing by the provisions hereunder their mutual relations concerning the User’s obligations under the Personal Data Protection Act.

The conditions and the measures applied to protect personal data and prevent any unauthorised processing thereof shall be specified in detail in rules or another internal regulation on the protection of personal data applying to the Provider.

The Provider shall inform its employees authorised to process personal data on the conditions and measures applied to protect the User’s personal data.

The User may check up to twice a year the proper application of personal data protection, which includes inspection of premises and equipment used to process the User’s personal data. An inspection shall be announced at least eight business days in advance and may only be performed in the presence of an authorised person of the Provider and conducted in a manner causing the least possible interruption of business processes of the Provider and protecting business secrets and other sensitive data of the Provider.

The person responsible for inspection in accordance with the fourth paragraph hereunder shall be the legal representative of the User or a person authorised in writing by the former who shall present the authorisation and a personal identification document.

The Provider may only process personal data within the scope of the User’s authorisations. The Provider may not process or use personal data in any manner other than for the purpose of rendering the Services as provided in the contract made between the Provider and the User.

Unless provided otherwise herein or by contract, the Provider shall not use personal data obtained during the rendering of the Service to the User for the purpose of direct marketing on its behalf and for its own account or on behalf or for the account of third parties.

The Provider may not forward to third parties the User’s personal data obtained during the rendering of the Service to the User and may not subcontract any task related to personal data processing without obtaining consent from the User.

In the case of a dispute between the Provider and the User, the Provider shall, based on a request made by the User, immediately submit to the latter the personal data processed in line with a contract and permanently and effectively delete any and all copies thereof. The Provider shall have the same obligation in the case of contract termination.

Final Provisions

Article 17

The Provider and the User shall attempt to settle any dispute amicably; should this fail, the dispute may be referred to a court having jurisdiction in the place of registered office of the Provider.

The relation between the Provider and the User shall be governed by Slovenian law; the rules on international civil law and proceedings shall not apply.

The Provider is not storing the text of the contract. A contract may be concluded in Slovenian and English.

DHH.si d.o.o.
Ljubljana, 28/08/2017