Terms and conditions of MSERWIS (Domeny.tv)

I. Preliminary provisions

1. These Regulations constitute a comprehensive framework agreement with respect to the Services selected by the Customer.
2. These Regulations apply in particular to the Services listed in Section II. 2. and implemented through the Services listed in Section II. 3. subject to the provisions of Section III.
3. If there are any attachments and/or other detailed documents relating to the Services, including documents, regulations, rules provided by third parties (such as Domain Registries, Certificate Issuers) and there is a conflict between the provisions of these Regulations, the provisions of more detailed regulations relating to a given service or area (subject matter) of regulation shall prevail; in particular, the rules established by Domain Registries or Certificate Issuers shall prevail.

II. Definitions

1. Operator / Administrator (MSERWIS) - DOMENY.TV MSERWIS Sp. z o.o., based at Stacyjna 1/63, 53-613 Wrocław, Poland, entered into National Court Register under number KRS 0001090436, EUVAT 8971849179, REGON 368943222.
2. Service - one of the available services or its combination, offered by the Operator. In particular, services described in points III and IV, as:
   • Registration and management of domain names (relates: Domains)
   • Hosting services (relates: Hosting)
   • Intemediation of selling SSL certificates (relates: Certificates)
3. Website / Portal (also plural) – websites belonging to the Operator and enabling the placement of orders for the services provided by the Operator, either directly or indirectly, particularly at the following WWW addresses (Portals):
   • Domeny.tv
   • MSERWIS.pl
   • Certyfikaty24.pl
4. Client - a natural person, legal person or an organizational unit without legal personality with the ability to assume obligation on its own and acquire rights, using the services provided by the Operator.
5. Consumer – a Client who is a natural person and uses services with the aim not directly related to the conducted business or professional activity. Also a natural person, concluding the agreement related to the conducted business, if the agreement does not have a professional character for that person, in particular related to their professional activity as listed in Central Register and Information on Economic Activity operated by the Ministry of Economic Development of the Republic od Poland.
6. User - any natural person who uses the Website in any way (who “enters” the Operator's websites), even if he or she is not a Customer and does not buy any Services.
7. Domain - a unique website address consisting of a sequence of alphanumeric characters forming the name and extension of a domain, and being the subject of registration.
8. DSA - Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on the digital single market for digital services and amending Directive 2000/31/EC (Digital Services Act).
9. Directive 2017/541 - Directive 2017/541 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA.
10. Hosting service - service provided by the Operator, which makes dedicated server space available to the Client in order to start and maintain Internet website services, web mail and other related services.
11. SSL Certificate - a cryptographic key issued for a domain name authenticating it and ensuring confidentiality of data transmission over the Internet.
12. Domain Registration - placing a domain name with its corresponding name server addresses in the zone file corresponding to the domain name being registered on the main name server of this zone.
13. Registrar - an entity registering a domain through the operator of a given type of domain listed on the website www.iana.org or being the operator of such type of domain.
14. Registry - an entity managing top-level domains (e.g. national domains - .pl, or domains such as .org, .com). In Poland, the function of the (national) domain name registry (DNS) is performed by the Scientific and Academic Computer Network (NASK). The NASK affiliate program is a solution operating according to a model known worldwide as “registry-registrar”. NASK (Registry) provides its partners (Registrars – this function is performed by the Operator within the meaning of these Regulattions) with the possibility to independently register domain names in the national .pl registry. A similar model operates between the Operator (Registrar) and other Registries, including Domain Registries of other countries.
15. Issuer of SSL Certificates - reputable Certification Authorities, such as Comodo, GeoTrust, RapidSSL, Thawte, DigiCert.
16. ICANN - the Internet Corporation for Assigned Names and Numbers, an institution responsible for assigning Internet domain names, setting up their structure and generally overseeing the operation of DNS servers worldwide.
17. NASK – the Scientific and Academic Computer Network, an entity responsible for the management of the domain registry in the .pl domain.
18. EURid - the Registry designated by the European Commission to handle .eu domain registrations.
19. WHOIS – a database of publicly available information about domains, whose administrator is the Registrar or the entity authorized by it, appropriate for a given domain extension. The method and type of data sharing is governed by the operator of a given type of domain.
20. Domain Registration Service - the Service described and regulated in detail in Section IV A of these Regulations.
21. Hosting Service - the Service described and regulated in detail in Section IV B of these Regulations.
22. SSL Certificate Sale Service - the Service described and regulated in detail in Section IV C of these Regulations.

III. Services - general provisions

A. Contact information

Client may quickly and efficiently contact the Operator using:

1. traditional post at ul. Stacyjna 1/63, 53-613 Wrocław, Poland
2. e-mail at info@mserwis.pl
3. phone: +48 71 718 13 10
4. contact forms available one the website
5. online chat

B. General regulations

1. The Regulations regarding the regulation of individual Services (Section IV) apply to the Customer with respect to the specific Services he has ordered and their combination (Section IV: A - D).
2. In the event of a conflict between the provisions of the Regulations, i.e. not concerning specific Services or combinations thereof and detailed provisions concerning a given service, the provisions concerning a specific Service as more detailed shall prevail.
3. The provisions of Section I. 3 shall apply accordingly to the detailed regulation of particular Services in these Regulations (Section IV) – within the framework of particular Services.

C. Duration of the agreement

1. The agreement shall be deemed concluded upon the completion by the Client of the order form available on the Website, registration on the Website or activation of any service and receipt of the form by the Operator. The Client has the right to use the purchased services upon making all the required payments to the Operator (expect for the services with free test periods).
2. The agreement is concluded for a specified term. The agreement expires at the moment of the expiry date of a given service if the Client fails to pay the fee to the Operator for a subsequent period of subscription of the service within the required term.
3. If the Operator has not yet rendered the service in full, the consumer may withdraw from the agreement within 14 days without stating a reason. In order to withdraw from the agreement, the consumer needs to inform the Operator about the withdrawal in the form of univocal statement. In order to use the right of withdrawal, the consumer may use the example form which is the attachment to this regulations.
4. The agreement may be terminated unilaterally by the Client at any time without giving reasons. In this case the Client is not entitled to the reimbursement of the fees previously paid to the Operator or any additional remuneration. The purchased services are deactivated or retained by the Operator or the Registrar. However, in the case of services provided to Consumers, after termination of the agreement the Consumer has the right to reimbursement of the amount of remuneration in proportion to the period until the end of the agreement less the expenses paid on behalf of the Client to the Registrars or other operators. This provision does not restrict consumer's right to withdraw from the agreement, mentioned in the point 3.
5. The agreement may be terminated unilaterally by the Operator with stated reasons in the event of:
   
   • payment arrears for the use of services provided by the Operator,
   • provision of incomplete or incorrect personal data by the Client,
   • clear breach of the provisions of these Terms and Conditions,
   • clear violation of the law.
6. The services and the effective period of the agreement are extended based on the terms and conditions prevailing at the time of such extension. In the case of extension of the term of the agreement the Terms and Conditions being in force at the time of extension shall apply.
7. Minimum period of Consumer's obligations is equal to the duration of this agreement.

D. Use of services

1. In order to use the services of the Operator the Client is obliged to provide complete and correct personal data that clearly identify him, in particular the e-mail address, access to which only the Client has and which can accept e-mail messages sent by the Operator with information and data necessary for the proper use of the services.
2. The Client is obliged to update personal and address data, in particular, the currently used e-mail, within seven days of the occurrence of any change of such data. The update is done by updating the Client data in the administrative panel available to him.
3. E-mail correspondence is the primary channel of communication between the Operator and the Client. The Operator is not responsible for the consequences of failure to extend the service validity period or failure to deliver other important messages, resulting from the failure to deliver appropriate notifications to the specified e-mail address of the Client. The second sentence does not apply to Consumers.
4. The Client agrees to use the services provided by the Operator in a manner not affecting the rights of third parties (personal rights, copyrights), good manners, Polish law provisions or generally applicable principles of international law.
5. The Customer is prohibited from providing unlawful content and illegal content, in particular in the category of behavior inciting terrorism, showing sexual abuse of children, inciting racism and xenophobia and violating intellectual property rights. Details regarding the scope of prohibited content are described in point VIII of the Regulations.
6. If the Client registers services on someone else's behalf he is responsible for the existence and scope of the authorization granted by the third party for the purpose of registration of services. The authorization held by the Client should cover all the actions necessary to register services, in particular to process and provide personal data of the domain subscriber in the WHOIS database and to grant the Operator further authorization to conclude agreements for the domain registration on behalf of the subscriber.
7. The Operator provides the Client with free technical support during the term of the agreement by making instructions available on websites and enabling direct contact between the Client and the Operator.

IV. Services - special conditions

A. Registration and management of domain names

General rules for the registration and maintenance of domains

1. The Client is the sole administrator of the registered domain. The Operator acts on the basis of the client’s authorization to represent him before the Registrar. The Client is entered into the WHOIS database as the owner of the domain, unless the relevant provisions applicable to the Registrar state otherwise. Complete personal and address data of the Client are sent to the database kept by the Registrar.
2. The Client acknowledges that placing an order for a domain with the Operator is not tantamount to its registration. The actual registration of the domain will occur as soon as possible if:
   • the Operator receives full payment for the service ordered,
   • the domain for registration is available at the time of fulfillment of the order by the Operator,
   • the ordered domain name meets the requirements of the Registrar of a given type of domain,
   • the Client meets additional requirements of the Registrar of a given type of domain,
   • manual verification by the Registrar is successful in the case of domains to which such procedure applies.
3. The Operator is not responsible for any malfunction of services related to technical problems on the part of the Registrar and cooperating entities, however it will make every effort to minimize the negative consequences for the Client resulting from such events. As regards the Consumer the Operator’s liability is based on the principles stipulated by law.
4. The Operator undertakes to immediately provide the Client with the function of service self-management upon fulfillment of the Client’s order. The range of available functions depends on the offer of the Operator and technical capabilities. The Operator is obliged to make it possible to make free-of-charge changes in the parameters of services during the term of the agreement to the extent specified in the offer, in particular a change of the domain delegation to any DNS servers that meet the technical requirements for the given type of domain.
5. The Operator has the right to refuse to register a domain whose name can indicate an intention of using it for illegal purposes. In this case, the Client is entitled to reimbursement of the total amount paid on account of the failure to render the service.
6. The Operator declares that the remuneration for the registration and maintenance of the domain due to the Operator includes all fees due to the Registrar in this respect. The Operator warrants that the Registrar will not be charging the Client extra fees during the term of the agreement, provided that the required fees are paid in due date by the Client to the benefit of the Operator.
7. The Client has the right to extend the domain expiration date at any time before the last possible date of extension of the domain expiration date by making an appropriate payment to the Operator. The last possible day of the extension of the domain expiration date can vary depending on the one-year period or its multiples from the date of registration of the domain, and is associated with a given policy of the domain register. The exact date is always given in the administration panel.
8. If payment for the domain extension service is made by due date the Operator extends the expiration date of the domain for the subsequent period of subscription or warrants continuity of the operation of the domain for the paid period by regularly extending the expiration date of the domain, if the maximum period of validity of a given type of domain allowed by the Registrar at a given period of time is shorter than the length of the period paid in advance by the Client.
9. In case of failure by the Client to take all the required actions to extend the domain expiration date before the last possible date of the extension of the domain extension date the Operator and the Registrar have the right to deactivate the domain when its expiration period expires and when it is disposed of or removed.
10. The Operator is not responsible for a domain name registered in bad faith and for the submission of claims pertaining to a given domain by another entity. The Operator is not responsible for damage caused to the Client by an act or failure to act by the Registrar, unless it is a direct consequence of the acts or such failure on the part of the Operator.
11. The agreement between the Client and the Operator shall terminate upon the transfer of the service of domains to another service provider (domain transfer).



Specific rules for the registration and maintenance of domains

12. In matters relating to domains with Polish extensions, the provisions of the document "Rules of registration and maintenance of NASK domain names” shall apply. This document is attached to these Terms and Conditions.
13. In matters relating to .eu domains the provisions of EURid available at www.eurid.eu governing, among other things, .eu domain registration rules, shall apply.
14. In matters relating to global domains the "Rules of registration and maintenance of domain names" should additionally apply. In addition, the Client and the Operator declare that they will not violate the rules established by ICANN (The Internet Corporation for Assigned Names and Numbers) concerning matters related to the activity of the organization. The Parties undertake to respect the guidelines pertaining to disputes relating to domain name contained in the "Uniform Domain-Name Dispute-Resolution Policy". This document is available at www.icann.org/udrp/.
15. In the case of some national domains, in accordance with the policy of the given registry, registration is only possible for local entities meeting additional requirements, which is associated with additional regulations:
    • The Operator may, at its discretion, offer to the Client a proxy service that involves the provision of a proxy for the registration of a given domain, which meets the requirements of the given registry.
    • Then such an entity shall be entered as the domain subscriber, whereas the Client receives full rights to manage the domain, including a change of the subscriber to another entity, in accordance with the terms and conditions of the registry.
    • The use of the service does not release the Client from liability, if the registered domain or the contents located at the addresses containing the domain name violate the rights of third parties, law or other provisions of the registry.
    • The Client undertakes to pay all reasonable costs incurred by the proxy in relation to the performance of the agreement in the event of a dispute on a domain, initiated by a third party.
    • The Client acknowledges that a domain registered in such a way can be removed without reimbursement of the fees paid in the event of violation of the rights of third parties, local or international law, the provisions of the registry, etc. Such orders may be issued by the courts, government decisions or the Registrar of a given type of domains.
16. The terms and conditions of Registrars from different countries constitute an appendix to these Terms and Conditions. Prior to conclusion of the agreement the Client should read the terms and conditions in force for the appropriate Registrar.



Domain transfers from other service providers to the Operator (Domeny.tv)

17. Detailed conditions for the transfers of domains are described in the Rules for registration, terms and conditions and requirements concerning global and national domains.
18. If payment by the Client to the Operator is a condition for the transfer it is considered a returnable deposit. In the case of failure to make transfer the deposit is returned in full to the bank account of the Client or is to be used for other services provided by the Operator, whereas if the transfer is successful the deposit is considered an advance towards the fee for maintenance of the given domain.



Domain transfers from the Operator (Domeny.tv) to other service providers

19. The Operator expresses its intention to enable full management of the domain purchased by the Client, including the transfer of a domain to another service provider. Therefore, the Operator, in accordance with the terms and conditions of a given registry, gives authinfo codes for domains and removes transfer locks upon delivery by the Client of a correctly filled in authorization application, a sample of which is attached to these Terms and Conditions.
20. The Operator reserves the right to refuse to give consent to transfer a domain to another service provider if the Client is in arrears with payments to the Operator or significantly violates the provision of these Terms and Conditions.

B. Hosting services

1. The subscription fee from the Client for the hosting service is only a payment for the Operator for the service use. This fee does not include costs associated with: access to the Internet (telecommunication fees, purchase of equipment, leased lines, etc.), domain purchase, design and programming of websites, or configuration of the Client’s IT system.
2. The Client has the right to use a 14-day trial period during which the Client can test the service without paying any fees. However, the Operator reserves the right to limit the parameters of test accounts (in terms of the space and transfer). Additionally, the Operator can also remove a test account without notice should the Client provide incomplete or incorrect personal data, or if the test account is used in a way which breaches these Terms and Conditions, or if the Client activates more than one test account.
3. It is not allowed to use the hosting service for submitting pornographic content, content inciting racial hatred, or violating any law.
4. The Operator does not allow the Client to use the hosting service to send unsolicited bulk e-mails (SPAM) unwanted by recipients. Specifically, the Client is not allowed to send e-mails that do not have correct headers and addresses or have falsified data. The Operator reserves the right to take all legal and technical action to protect IT systems from sending this type of unwanted e-mail. The Operator has the right to filter incoming and outgoing e-mail messages when anti-spam or anti-virus software considers a given e-mail message as unwanted.
5. If the Client plans to send an e-mail message to more than 1000 recipients a day, the Client shall obtain authorization from the Operator and shall provide the Operator with information about the content of the e-mail messages and the consent of recipients to receive e-mail messages from the Client. Test accounts (unpaid) are limited to 100 recipients per day and cannot be increased.
6. The Operator is not liable for damage resulting from:
   • improper use of the service by the Client,
   • operation of the software placed on the server by the Client,
   • false or incomplete data provided by the Client during registration,
   • factors and the actions of third parties (cable failure, failure of hardware or software in the networks of telecommunications and mobile operators, etc.) for which the Operator did not have influence on and could not prevent. This provision does not apply to Consumers.
7. The Operator reserves the right to:
   • temporarily disconnect access to servers, resulting from periodic maintenance, upgrade of servers or update of software upon prior notification of the Client,
   • temporarily disconnect access to the service provided to the Client should such action result from a failure of hardware, links, software, etc. In this case the Client has the right to demand compensation from the Operator in the form of an extension of the subscription period of the hosting service by one calendar month for each full 12 hours of disconnected access,
   • block or delete the account if used not in accordance with the law,
   • block or delete the account if the Client uses the account to send unsolicited bulk e-mails (SPAM) or if the Client, in any other way, acts to the detriment of the Operator or other Internet users,
   • block or delete the account should destabilization of the server result from operation by the Client, or if the Client acts to the detriment of the Operator or other Internet users, particularly in case of detecting harmful software, so called malware,
   • block the account on the server without notice should the Client exceed limits of the package being used,
   • block and delete the account in case of failure to pay the required fees on time by the Client.
   As for the Consumers the above provisions shall apply as far as it is not contrary to the law.
8. The Client has the right to change the hosting package during the effective period of the Agreement. The change of a package into a service package of a lower cost does not entail the reimbursement of the unused portion of the paid subscription. It is possible to change a current package into a service package of a higher value but in this case the Client shall pay an additional fee in the amount proportional to the number of rounded-up months remaining to the end of the subscription period and the price difference between the current service package and the target service package.
9. The Client may resell his WWW account to a third only as a whole, giving the Operator an order for the assignment of rights to the new owner of the WWW account. The new owner is required to know and accept the provisions of these Terms and Conditions. The Client is not allowed to make available or resell to third persons/companies part of the hosting service purchased, if individual arrangements between the Client and the Operator does not provide for such a possibility (so-called reseller accounts).

C. SSL certificates

1. The Operator acts as an agent at the purchase of SSL certificates, issued by recognized publishers. By placing an order for an SSL certificate the Client declares that it has appropriate technical conditions for its installation and use.
2. In the case of certificates with manual authentication procedure, the Client undertakes to provide all required documents directly to the issuer of the certificate. Possible costs of preparing and translating the documents shall be borne by the Client and the Operator is not responsible for any refusal to issue the certificate in the event of a failure to submit the required documents.
3. The Customer has the right to cancel the order before issuing the SSL certificate. The Operator may charge a handling fee for each cancellation, the amount of which shall be published on the Website. The condition of meeting the deadline for submission of the cancellation is processing of the request for certificate cancellation by its Issuer.
4. The Customer has the right to change the type of certificate before its issuance and within 30 days from issuance thereof. For each such change, the Operator may charge a handling fee, the amount of which shall be published on the Website. In the case of selection of a certificate whose current price is higher than the amount originally paid by the Customer, an additional fee shall be charged in the amount of the difference between these amounts. In the case of selection of a certificate whose current price is lower than the amount originally paid by the Customer, the difference shall be returned after deducting the handling fee. The condition of meeting the deadline for submitting a request to change the type of certificate is processing the request for certificate cancellation by its Issuer.

D. Additional services

1. The condition for the Customer to use additional services (e.g. e-book, participation in training, discount code) is consent to the processing of personal data and sending marketing information (e.g. consent to sending a newsletter) and providing the required personal data.

V. Payments and settlements

1. In any case, when referring to the time of payment for services, it shall be understood as the moment when the payment is recorded on the bank account of the Operator or the receipt by the Operator of a positive authorization of a payment card. The Client acknowledges that the time required to effect a transfer, payment or payment card authorization may delay the commencement of the fulfillment of the order.
2. The amount of fees for the services provided is determined by the price list which is available on the Website or is determined on the basis of individual arrangements of the Client with the Operator. For the purpose of service fulfillment the prices in force at the time of the full payment of the amount due for the order shall apply. The Operator guarantees that the purchased service will have been maintained by the end of the current subscription plan under the conditions prevailing at the time of payment for the service.
3. In the case of making payment for services provided by the Operator to its bank account the bank charges of the purchaser and intermediary banks shall be borne by the purchaser (the Client). In case of receipt of incomplete payment for the given order, the Operator shall suspend the fulfillment of the order until full payment is made.
4. The Client has the right to make prepayments for services provided in the future by the Operator in order to enable their faster fulfillment. The prepayment can be used at any time for any services provided by the Operator and commissioned by the Client. The prepayment not used in part or in full is subject to refund, and in the case of Clients other than Consumers the refund shall be made upon deduction of transaction costs incurred by the Operator.
5. In the absence of the possibility to render a service and confirmation of this fact by the Operator the Client has the right to credit the payment made towards the payment for other services provided by the Operator or to be refunded the amount due in respect of failure to fulfill the order or its unfulfilled part to the bank account in Poland indicated by the Client. The Client is not entitled to this right in the case of failure by the Client to provide the data required to render a given type of service within the required time and in the case of failure to meet the registration requirements of a given domain registry published previously on the Website of the Operator.

VI. Withdrawal from the Agreement

1. The Consumer orders the delivery of the service before the elapse of a 14-day period referred to in art. 27 paragraph 1 of the Act of 30 May 2014 on the consumer rights (Journal of Laws of 2014 item 827).
2. In the event of withdrawal from the contract, the Operator may prevent further use of the Services, in particular by preventing access or blocking the user's account. The Operator's right does not affect the consumer's right to submit a request to provide him with content other than personal data that was provided or created by the consumer when using the Services provided by the Operator.
3. In the event of withdrawal from the contract, the entrepreneur may prevent the consumer from continuing to use the digital content or digital service, in particular by preventing the consumer from accessing the digital content or digital service or blocking the user's account.
4. In the event of withdrawal from the contract, the consumer is obliged to stop using the Services and making them available to third parties.
5. The Client who is a Consumer acknowledges that the contract for intermediation in domain registration and maintenance is an agreement for the provision - a non-prefabricated service, made according to the Client's order or serving to satisfy his individual needs. The Client who is a Consumer acknowledges that in the case of a domain registration and maintenance agreement and the following conditions are met:
   1. the Consumer's express consent to the Operator's performance of the service,
   2. informing the Consumer by the Operator that after the performance of the service by the Operator, he will lose the right to withdraw from the contract,
   the consumer loses the right to withdraw from the Agreement.
6. In case of Consumer's order for execution of services as described in point 6 and using the right to renounce the agreement, Consumer will be obliged to cover the costs of providing services till the moment of making a renunciation statement.

VII. Protection of personal data

1. Personal data of Clients is being gathered and processed by the Operator according to the provisions of law for the purpose of performance of the agreement, as well of other purposes described in the privacy policy in IT systems, files, indexes, books and other collections in connection with business activities conducted by the Operator.
2. The Operator declares that it is the administrator of personal data which will be processed for the purposes indicated above.
3. The Client has right to view its data and correct them, if they are incomplete, outdated or untrue. All rights belonging to the Client regarding processing of personal data are mentioned in the privacy policy.
4. The data can be transferred to other administrators only for the purposes of rendering services covered by this agreement, including administrators in Third countries, in order to perform the agreements, which include, among others:
   • GeoTrust, Inc., 350 Ellis Street, Mountain View, CA 94043-2202, USA,
   • GeoTrust, Inc., 62 Cornhill, London, EC3V 3NH, United Kingdom,
   • Comodo Group, Inc., 1255 Broad Street, Clifton, NJ 07013, USA,
   • DigiCert, Inc., 2801 North Thanksgiving Way, Suite 500, Lehi, Utah, USA,
   • PayU S.A., ul. Grunwaldzka 182, 60-166 Poznań.
   • Domain registries (np. NASK), including registries from outside the UE/EOG
   • Other registries including the ones from outside the UE/EOG (np. eNom, Inc., 5808 Lake Washington Blvd. NE Ste. 300, Kirkland, WA 98033, USA czy Internet Invest ltd., Gaydara st., 50, 01033 Kiev, Ukraina)
   in accordance to the required protection level, according to EU legal requirements - including GDPR.
5. If the Client does not raise any objections, the Operator has the right to publish basic information about the Client (company name, website address) on the Operator’s reference list. This will not include in any case other, more sensitive personal data of the Client. It is possible to withdraw this permission, according to the rights described in the GDPR information clause.

VIII. Operator’s liability and complaints

1. The Operator shall provide services correctly.
2. The Operator is liable for the non-compliance of the Services (digital content or digital service) delivered once or in parts with the Agreement, which existed at the time of their delivery and became apparent within two years from that moment.
3. The Operator shall be liable for the non-compliance with the Agreement of digital content or digital services provided on a continuous basis, which occurred or became apparent at the time when, in accordance with the Agreement, they were to be delivered.
4. The Operator undertakes to provide technical supervision over services and also reserves the right to make changes in the settings of services in case of problems with operation or the necessity to update the software as well as at the Client’s request. The Operator shall make every possible effort to ensure uninterrupted and proper operation of the services offered to the Client.
5. The Operator is not responsible for the transmission of data if it is not the initiator of transmission, if it does not select the recipient of the data, and does not modify the data being the subject matter of the transmission.
6. The Operator is not responsible for any damage caused, among other things, by the lack of continuity of service due to an act or omission of third parties, force majeure, improper use of services, use of the information made available to the Client that gives access to services by third parties (e.g. sharing a password with third parties), breach of the provisions of the agreement by the Client. In case of Consumer, Operator's responsibility is based on rules arising from law provisions.
7. Neither party shall in no event be responsible for any loss of profit or benefits of the other party for the damage suffered. The amount of the Client’s claim cannot exceed the amount actually paid by the Client in respect of the service being the subject matter of complaint.
8. The Operator is not responsible for stored data, if the Operator, by transmitting data and providing automatic and short-term intermediate storage of the data for the purpose of accelerating re-access to them at the request of another entity:
   • does not modify the data,
   • uses IT techniques that are recognized and usually applied in this type of activity and determine technical parameters of the access to data and their update, and
   • does not interfere with the use of IT techniques recognized and usually applied in this type of activity to collect information about the use of the collected data.
9. The Operator is not responsible for the stored data, if by making the resources of telecommunications system available to store data by the Client, the Operator is not aware of the unlawful nature of the data or related activity and in case of an official request or receiving reliable information about the unlawful nature of the data or related activity he shall immediately prevent access to the data.
10. If the Operator receives an official notice of the unlawful nature of the stored data provided by the service buyer and prevents access to the data, the Operator is not responsible to the Client for any damage resulting from preventing access to the data.
11. The Operator, who received reliable information about the unlawful nature of the stored data provided by the Client and prevented access to the data, is not responsible to the Client for any damage resulting from preventing access to the data, if he immediately notifies the Client of the intention to prevent access to them.
12. As for the services provided to Consumers the Operator’s liability shall be governed by the applicable law provisions, including the provisions of the Civil Code, the Act of 18 July 2002 on providing services by electronic means (Journal of laws of 2002 No. 144 item 1204, as amended), the Act of 30 May 2014 on consumer rights (Journal of laws of 2014, item 827) and the limitations of liability, referred to in paragraph 3–4, do not apply to services provided to Consumers.
13. A complaint lodged by the Client in relation to the non-performance or improper performance of services by the Operator shall be made in writing and shall specify the Client in a way that it can be identified, the name and the type of service being complained about, the circumstances justifying the complaint and the Client’s demand to redress the damage. A complaint shall be lodged in the Operator's residence at Stacyjna 1/63 street, 53-613 Wrocław. The Operator shall consider the complaint within 14 working days from the date of its receipt, and then send a reply to the Client with information about its decision and justification.

IX. Content restrictions - illegal content and content inconsistent with the Regulations, reporting illegal content, contact point

1. The User is obliged to use the Portal in a manner consistent with the law and good practices, taking into account the respect for personal rights and copyrights and intellectual property of the Service Provider and third parties.
2. Providing illegal content is prohibited.
3. The content must not encourage, praise or present (including by linking to other websites) the commission of offenses specified in Directive 2017/541, i.e., among others:
   • human trafficking (recruiting, transporting, transferring, harboring or receiving persons, including the exchange or transfer of control over these persons, using threats or violence or other forms of coercion, abduction, fraud, deceit, abuse of powers or taking advantage of a situation of vulnerability, or giving or accepting a payment or benefit to obtain the consent of a person who has control over another person, for the purpose of exploitation.)
   • crimes related to terrorism (full catalog of offenses listed in Article 3(1) of Directive 2017/541), if committed with the aim of seriously intimidating the population, unlawfully compelling a government or an international organization to take or refrain from taking any action or seriously destabilizing or destroying essential structures political, constitutional, economic or social of a given country or international organization. The crimes referred to in the above-mentioned legal act include:
   • attacks on human life that may cause death,
   • attacks on a person's physical integrity;
   • kidnapping or hostage-taking;
   • the manufacture, possession, acquisition, transport, supply or use of explosives or weapons, including chemical, biological, radiological or nuclear weapons, as well as research into and development of chemical, biological, radiological or nuclear weapons;
   • unlawful, intentional interference with IT systems, causing serious damage or committed against an IT system of a critical infrastructure nature,
   • unlawful interference with computer data in a critical infrastructure IT system;
   • threatening to commit one of the acts listed in Art. 3 letter a) – i) Directive 2017/541.
   • disseminating or otherwise making available in any way, on the Internet or offline, a message to the public with the intention of inciting one to commit one of the crimes listed in Art. 3 section 1 letter a)-i) of Directive 2017/541, if such action, directly or indirectly, for example by praising terrorist acts, supports the commission of terrorist offenses and thereby creates a risk of committing one or more such offenses,
   • inducing another person to commit or contribute to the commission of one of the crimes listed in Art. 3 section 1 letter a) – i) or in Art. 4. Directive 2017/541,
   • acts of providing or collecting funds, by any means, directly or indirectly, with the intention of using them or with the knowledge that they are to be used, in whole or in part, to commit or contribute to the commission of one of the offenses referred to in art. 3-10 of Directive 2017/541,
   • preparing or using false official documents with the intention of committing one of the crimes listed in Art. 3 section 1 letter a)-i), in Art. 4 letter b) and in Art. 9 Directive 2017/541.
4. The content may not contain information that violates personal or proprietary rights.
5. The content may not contain information that violates good manners or moral standards, offends the dignity or violates the personal rights of other people, including the right to image, vulgar, offensive, supporting radical social attitudes or promulgating such views (all kinds of racial, ethnic, gender, religion, promoting hatred, etc.), pornographic content.
6. The content cannot constitute advertising, the forms of which are prohibited by the provisions of the Act of 16/04/1993 on combating unfair competition and the Act of 23/07/2007 on counteracting unfair market practices.
7. The content cannot constitute misleading commercial information.
8. The Operator prevents the dissemination of terrorist content in accordance with Regulation 2021/784 on counteracting the dissemination of terrorist content and illegal content on the Internet in accordance with DSA, by:
   1. Reports of illegal content should be sent to the Operator only using a dedicated form available on the Operator's website. The application must include all information ordered in the form;
   2. information about the receipt of the application and the method of considering the application will be provided by the Operator electronically;
   3. The Operator does not independently review published content;
   4. The Operator has designated one common contact point enabling direct electronic communication with the authorities of the Member States and the Commission and the Digital Services Council: https://www.domeny.tv/dsa-punkt-kontaktowy. The contact point also handles action orders against illegal content and information orders;
   5. Complaints regarding the Operator's actions taken against terrorist or illegal content should be submitted in the manner described in point VIII point 13.
9. The operator suspends the provision of services to service recipients who often transmit obviously illegal content for a reasonable period and after issuing a prior warning. In addition, the Operator suspends for a reasonable period and after issuing a prior warning the processing of reports made through the reporting and action mechanisms and complaints submitted through the internal complaint handling systems referred to in Art. 16 and 20 DSA, by persons or entities making often manifestly unfounded reports or by complainants submitting often manifestly unfounded complaints.
10. When making a decision on suspension, the Operator assesses in an individual case and in a timely and objective manner, with due diligence, whether the service recipient, person, entity or complainant commits the abuse referred to in point 9, taking into account all relevant facts and circumstances resulting from information available to the online platform provider. Such circumstances include at least:
    1. the absolute number of manifestly illegal content or manifestly unfounded reports or complaints that were transmitted, made or filed during the relevant period;
    2. the relative ratio of such number to the total number of information or notifications respectively transmitted or made during the period concerned;
    3. the severity of abuse, including the nature of illegal content and its consequences;
    4. the intention of the service recipient, person, entity or complainant, if it can be determined.
11. To the extent not regulated, the provisions contained in the DSA apply directly.

X. Final provisions

1. For the correct use of the service the Client declares that it has the appropriate hardware (allowing the use of the Internet), Internet access and software, in particular a web browser that supports HTML, CSS, JavaScript.
2. The Client is aware of the risks associated with the use of the service and the related necessity to use passwords at the appropriate level of security (we suggest to use a strong password, consisting of at least 8 characters and containing small lowercase and uppercase letters as well as numbers or special characters), protection of local and remote computer systems against unauthorized access by third parties and the use of virus protection systems to protect against malware.
3. The Operator reserves the right to make changes to these Terms and Conditions for important reasons. Important reasons are considered to be:
   • introducing new Services, changing or discontinuing the provision of existing Services, in particular as a result of changes in the Operator's commercial policy, changes in the Operator's market environment as a result of technical, technological and IT progress, changes in the law;
   • introducing new or changing the existing legal provisions concerning the Operator or the Consumer, in particular affecting the provision of electronic services or concluding distance contracts, regulating the rights and obligations of consumers;
   • changes or new interpretations of generally applicable laws as a result of court rulings or decisions of authorities and public administration affecting the Operator's activities.
   These Terms and Conditions come into force on the date of their publication on the website of the Operator and since that time they shall be applied to newly signed or renewed agreements with the Operator. In case of agreements with Consumers, being in effect, Terms and Conditions take force within 14 days after publishing them on the Operator's website and informing the Consumer via e-mail about the changes. During this period Consumer may cancel the agreement, if he does not agree to changes being introduced.
4. For the purpose of performance of these Terms and Conditions and the agreement the Polish law shall apply. In the case of any disputes relating to these Terms and Conditions the Polish law provisions, including the provisions of the Civil Code and relevant laws shall apply.
5. Any legal disputes between the Operator and the Client, other than the Consumer, shall be settled by a competent court in Wroclaw. Any legal disputes between the Operator and the Consumer shall be settled according to general jurisdiction resulting from the relevant law provisions.
6. The Client may use alternative dispute resolutions for complaint and redress according to these Terms and Conditions and provisions of the Polish law.

XI. Appendices and supporting documents

• Declaration of withdrawal from the contract
• Regulations on the registration and maintenance of .pl domain names
• Rules of registration and maintenance of .pl domains by MSERWIS
• .eu Domain Name Registration Terms and Conditions
• .eu Domain Name Registration Policy
• Rules of registration and maintenance of global domains
• ICANN domain name dispute resolution policy
• Rules for registration, terms and conditions and requirements for global and national domains
• Forms for obtaining authinfo codes, cessions, etc.