Acceptable Usage Policy of NetKey.link
- Users of NetKey.link services must be 18 years old or older.
- Both the access to the Service and its usage are protected by each User’s non-public login and password. The User is the sole user of the Service provided and is responsible for its safe usage, which complies especially with the Terms and Conditions, valid legal provisions, international law, good manners and business customs. The User, when taking due care, is particularly obliged to protect his user account, login and password for accessing the Service against their unauthorized use or abuse, to prevent the loss of his user name or password, to prevent an unauthorized use of the Service, the theft of his user name or password, the copying of his user name and password or their provision to a third party, etc.
- The User undertakes to, especially: A) prevent third parties from using the Service; B) prevent abuse of the Service or to refrain from using the Service himself for fraudulent or false activities or activities that are in contradiction to good manners, activities the character of which constitutes a crime, an infraction or other illegal activities prohibited by law or other activities prohibited by these Terms and Conditions.
- The User is fully responsible for all operations and activities conducted through the User’s account. Besides these Terms and Conditions, the User is obliged to comply with his national legal order and Provider’s national legal order.
- The User is not allowed to share his account with another person.
- The User also further undertakes to:
- not pay for the Service ordered with a stolen or falsified credit card or with any other illegal means;
- refrain from using any of the Services for any attack or attempted attacks (such as hacking, breaking a firewall, etc.) at any other computer, server, Internet network or other technical devices, including software, that are connected to the Internet;
- not endanger or damage in any way the Provider’s or a third party’s technical devices, including their source codes and databases;
- not use any of the Services to transfer malware, such as viruses, trojan horses, worms, etc.;
- not use any of the Services neither for accepting nor publishing nor providing harmful content, such as content in breach of copyright, pirated copies of copyrighted works (such as CDs, DVDs, software), child pornography, etc.;
- not use any of the Services for sending unsolicited commercial messages or other harmful or fraudulent content, data and information, such as SPAMs, unsolicited SMS messages, advertising and marketing messages, etc.;
- not use any of the Services for sending legal commercial messages in the opt-in regime;
- not use any of the Services for activities the content of which is child pornography, supporting or promoting criminal activities, including terrorism and extremism, such as activities that include accepting, publishing, selling, linking, etc.;
- not use any of the Services for activities that constitute or could constitute an infraction, a crime or the preparation or attempt thereof that is punishable according to Provider’s national legal order, EU law, international law, including the User’s national legal order;
- not use any of the Services to dangerously persecute or threaten a third party;
- not use any means that are able to endanger or curb the use of the Services by other users;
- not use the Service for excessive data transfer. The Provider reserves the right to limit the User’s transfer speed if the daily average of data transferred by the User exceeds 6 GB.
Acceptable Usage Policy of NetKey.link is an integral part of Terms and Conditions of NetKey.link published on https://NetKey.link/terms/.
valid from January 1st, 2016
Terms and Conditions of NetKey.link
1. APPLICABILITY OF TERMS AND CONDITIONS
The present terms and conditions of NetKey.link (hereinafter referred to as the “Terms and Conditions”) govern the mutual rights and obligations of the provider of information society services provided through the NetKey.link website (hereinafter referred to as “Services”), who is Samohyb s.r.o., Reg. No. 03513386, place of business Ústí nad Labem, Czech Republic (hereinafter referred to as the “Provider”) and the user of these services (hereinafter referred to as the “User”). By registering on the NetKey.link website / applications or by paying the price for the Service or by using any of the Services provided through the NetKey.link website / applications, the User expresses his unconditional acceptance of the legally binding, valid and effective version of the Terms and Conditions and undertakes to comply with these Terms and Conditions. The parties to the contract undertake to comply with the valid and effective version of Terms and Conditions, which is published on the NetKey.link website.
2. SERVICES PROVIDED BY NetKey.link
The Services supplied or provided by the Provider through the NetKey.link website or applications are information society services. The Provider is a provider of information society services. The Provider provides different Services in the field of VPN hosting, the names of which are listed on the NetKey.link website or applications. Detailed descriptions and features of different Services, including the name of each Service, its most prominent feature and price, are published on the NetKey.link website or applications. Every ordered Service (with the exception of a free, time-limited trial Service) must be paid for before it can be provided, unless the Provider stipulates otherwise for a given type of Service. The provision of Services is limited in time, based upon the duration of the Service ordered and paid for by the User. Neither Users nor future Users have any legal entitlement to use any Services or to enter into a Contract.
3. REGISTRATION OF FUTURE USERS
The condition for using any Service is an unconditional acceptance by the future User of these Terms and Conditions. A User who is a natural person must be of age and must have full capacity to enter into a legal relation according to his national legal order or at least according to the legal order of the Czech Republic. A User who is a legal entity must be only a legal entity which has full capacity to enter into a legal relation according to its national legal order or at least according to the legal order of the Czech Republic. A User who is a legal entity must be a legal entity which has been duly registered and established according to a valid legal order of the country where it has registered its seat or structural component. Only a legally entitled person or a duly authorized person may act as a representative of the User who is a legal entity. When registering and setting up a user account on the NetKey.link website or applications, the future User is obliged to enter information required by the Provider in the registration form. All the registration information required by the Provider must be truthful, full and correct, which is solely the User’s responsibility.
4. ORDERING A SERVICE AND USER VERIFICATION
The required Service (with the exception of a free, time-limited trial Service) is ordered by the User himself, by logging in to his account in the members’ area on NetKey.link. By ordering or using any Service, the User expresses his will to enter into a Contract with the Provider according to article 5 of these Terms and Conditions and to duly fulfil his duties and obligations according to the Contract and these Terms and Conditions. A Service order consists primarily of a specification of the required Service, the duration of the Service and its price. The Provider reserves the right to verify the identity of the User by reviewing of User's account details and thus carry out the verification process of the person of the User. The User agrees with identity verification by reviewing of his account details. Before the verification process is complete and the price for the ordered Service is paid, the Provider is not under any obligation to provide any Services to the User or to allow for the usage of any Services.
5. CONTRACT FOR THE PROVISION OF SERVICES
By ordering or using the required Service (including a free or time-limited trial Service), i.e. by ordering or using the Service on the User’s part and its unconditional acceptance on the Provider’s part, the User and the Provider enter into the contract for the provision of a VPN Service (hereinafter referred to as the “Contract”). The Provider shall electronically confirm the acceptance of the User’s order (excepting a free or time-limited trial Service), i.e. concluding of the Contract. The Contract becomes effective by the unconditional Confirmation of the User’s order by the Provider. Notwithstanding the foregoing, The Contract becomes effective when the User starts using the Service, at the latest. By ordering a Service, the User confirms that a written form of the Contract concluded with the Provider via means of long-distance communication is preserved. The Contract between the Provider and the User is concluded according to prov. § 262 par. 1 in conjunction with prov. § 269 par. 2 of Act No. 513/1991 Coll., the Commercial Code, as amended (hereinafter referred to as the “Commercial Code”), with which the User unreservedly agrees and confirms his consent by placing an order for the given Service. By ordering any Service, the User expressly agrees that the obligation relationship established by the Contract between him and the Provider shall comply with the Commercial Code. The Contract stipulates that the Provider undertakes to provide the ordered Service to the User and the User undertakes to pay the price for the ordered Service to the Provider according to the pricelist (unless it is a free, time-limited trial Service run). The Service is provided for the duration for which it has been ordered by the User. The Terms and Conditions are an integral part of every order and every Contract. The Contract, the Terms and Conditions and the Pricelist constitute a full agreement between the Provider and the User and determine the scope of rights and responsibilities arising out of the Contract.
6. USER ACCOUNT
The User may use his user account in the members’ area on NetKey.link as well as the Service itself only within the scope prescribed by a specific Service that he has ordered and only in compliance with these Terms and Conditions. In his own interest and at his own risk, the User is fully liable for the truthfulness, completeness and correctness of all the information he entered at registration on the NetKey.link website, and also for the specific Service he has ordered.
7. PRICE AND CONDITIONS OF PAYMENT
The use of all Services provided by the Provider is charged under conditions stipulated further (with the exception of a free, time-limited trial Service). The prices for Services provided vary according to the type of Service required by the User. The price for a given type of Service is determined by the Price List published on the NetKey.link website (hereinafter referred to as the “Price List”). By registering, the User expresses his acceptance of the Price List, which is an integral part of these Terms and Conditions. The payment of the price for the Service ordered is settled through one of the online payment services available on the NetKey.link website, unless the User and the Provider specifically agree otherwise. The prices for Services are final. This does not prejudice the right of the Provider to change prices according to the Price List for Services provided. The change of the Price List does not affect the price of a Service that has already been ordered and paid for. The User is obliged to pay the price for the Service ordered to the Provider duly and punctually. The Provider shall send every User that has paid the price for a Service a payment acceptance confirmation, which also serves as a simple tax invoice. A full tax invoice shall be issued by the Provider only upon the User’s request. All of the expenses related to the Internet connection and the provision of connectivity when using the Services are assumed by the User.
8. INFORMATION AND MESSAGES
The User unreservedly agrees with important information related to the Services provided or his user account, as well as other operations, submissions or messages related to or arising from these Terms and Conditions being delivered to the User by the Provider electronically, directly to the User’s account in the members’ area in the form of text messages or in the form of in-app notifications or in the form of messages inside the applications or in the form of e-mails delivered to the User’s e-mail address (hereinafter referred to as “Messages”). The parties to the Contract have agreed that electronic messages are considered as messages in written form. A sent message is considered as delivered to the User on the day following the day it was demonstrably sent by the Provider, at the latest. In his own interest, the User undertakes to check his account and contact e-mail regularly and to maintain updated and truthful as well as to update without unnecessary delay all of his contact information related to the use of Services. The data is updated by the User himself in the interface of his user account in the members’ area on NetKey.link. The User is allowed to contact the Provider through the contact form available on the NetKey.link website or through his user account. The details of the User’s electronic contact may be used by the Provider in order to spread commercial messages towards the User, with which the User unreservedly agrees. The User expresses his consent with commercial messages being sent to him in compliance with Act No. 480/2004 Coll., the act on certain information society services, as amended, for an indefinite period with the User’s right to withdraw his consent at any time.
9. PERSONAL DATA
By registering on the NetKey.link website / applications or by concluding a Contract, the User expresses his consent with all the personal data he has stated and filled in at registration being processed for the following purposes: A) the performance of the Contract concluded between the User and the Provider; and B) the sending of commercial messages from the Provider to the User; and C) the carrying out and verification of the User’s payment transaction through third parties’ payment gateways; and D) creating the databases of Users. The User’s consent is also valid for the User’s IP address or addresses. The Provider protects the User’s personal data against their unauthorized abuse and publishing. However, the Provider is allowed to hand over the User’s personal data to relevant entities, such as law enforcement authorities, state administration bodies, courts, administration bodies or relevant international bodies or a damaged third party, which he does based on a demand from a relevant entity, in case there is a reasonable suspicion that the User used the Services for illegal activities which will lead or lead to criminal, administrative or other similar proceedings, or through which the User caused or could have caused proprietary or non-proprietary harm to a third party. This way, the Provider can only provide data related to a specific User. The Provider is also allowed to provide operational and localization data, if available, under the same conditions.
10. PRIVACY PROTECTION
The Provider respects the User’s privacy and does not communicate any information about the User or his activities to any third party with the exception of the cases explicitly stated in these Terms and Conditions. The Provider neither tracks the content of the information transferred or saved by the User nor actively searches for realities and circumstances pointing to the illegal content of the User’s information or potential illegal activities of the User. The Provider respects the User’s privacy and does not track the User’s activities when using the Services. The Provider is allowed to save operational and localization data that are created or processed when ensuring the services provided by the Provider or when performing the Contract. Operational and localization data are not used for tracking or censoring the User’s Internet activities. Operational and localization data are saved for tracking hardware utilization, identifying software errors and defects, identifying potential security breaches, ensuring technical aspects of Service operation and the potential identifying of illegal activities which are in contradiction to these Terms and Conditions.
11. FORCE MAJEURE
Notwithstanding other provisions of these Terms and Conditions, the Provider cannot be held responsible by the User for any breach of his contractual or legal obligations in the event of the breach happening as a result of a force majeure, the general conditions of which comply with provision § 374 of the Commercial Code and which also includes, according to the agreement of the parties to the contract, a natural disaster, a blackout, the Provider’s hardware or software equipment malfunction, the attack of a hacker or a virus on the Provider’s hardware or software, the Provider’s or his subcontractor’s server overload, the malfunction of the Provider’s or his subcontractor’s hardware device or software equipment, the breakdown of connectivity or Internet connection, the disturbance or disruption of the electronic communications network protection or safety, etc.
12. MAINTENANCE SHUTDOWN
The Provider or his contractor or another third party carry out regular hardware and software maintenance of the technical devices through which the Services are provided. To this end, the Provider is allowed to restrict or completely suspend the provision of Services or any Service at any time for an unlimited period of time (hereinafter referred to as “Maintenance Shutdown”). In the event of a force majeure or other events unforeseeable by the Provider, the Maintenance Shutdown or other Service malfunction may not be announced to the User. In the case of a Maintenance Shutdown under the above-mentioned conditions, the User cannot hold the Provider responsible for possible damages of any kind. A Maintenance Shutdown does not constitute a claim for the reimbursement of any monetary performance accepted by the Provider from the User.
13. SERVICE AVAILABILITY
The Provider undertakes to make the needed effort that may be rightly required of him in order to ensure failure-free and trouble-free provision of Services with minimum amount of malfunctions or service inaccessibility. Although the Provider undertakes to ensure a due provision of Services for the User with minimum amount of malfunctions and restrictions, the Provider cannot guarantee or ensure permanent and uninterrupted availability of the Service to the User for the duration of the Contract. The provision of the Service is dependent on a whole range of events that cannot be influenced by the Provider’s will or power, such as a connectivity breakdown, hackers’ attacks, restrictions by the local provider, restrictive Internet access regulation, etc. The Provider has no control over the quality of the User’s Internet connection and the quality of international data lines. In this respect, the User knowingly agrees that the Services provided may not always be available or they may be restricted or there may be a malfunction. A malfunction or a Service restriction does not constitute a claim for the reimbursement of any monetary performance accepted by the Provider from the User.
14. CONTRACT TERMINATION
The Contract is discharged: A) by an agreement of the parties to the contract, or B) by the expiration of the duration for which the Service was ordered by the User, or C), by the User’s withdrawal, or D) upon the User’s demand, or E) by the revocation of the Contract by the Provider under the conditions described in this article of these Terms and Conditions. The User is allowed to withdraw from the Contract for reasons stated by law. Within three calendar days after ordering the Service, the User also has the right to withdraw from the Contract without stating a reason and with the right to be compensated for the price paid to the Provider. The User is not allowed to withdraw from the Contract if he has already started to access or use the Service (this does not relate to the right to withdrawal within three calendar days after ordering the Service). The parties to the Contract have decided that the User’s withdrawal from the Contract does not constitute any claim of the User for the compensation of the price paid to the Provider, unless explicitly stipulated otherwise by these Terms and Conditions or the law. At any time, the User is allowed to ask the Provider to terminate the Contract without a claim for the compensation of the price paid for a Service. The User applies for Contract termination through the contact form on the NetKey.link website. The Provider reserves the right to immediately terminate the Contract concluded with the User and to immediately terminate the provision of the Service to the User without compensation if: A) the Provider receives a complaint from a third party related to the User’s activities when using the Services, where the content of the complaint points to illegal activities of the User or activities of the User that are in contradiction to the content of these Terms and Conditions; or, B) the Provider has been informed about possible illegal activities of the User; or C) the User has in any way violated an obligation arising from Acceptable Usage Policy of NetKey.link; or D) the User’s account has been set up on the basis of untruthful, incomplete or false information; or E) the User has violated any obligation arising from these Terms and Conditions (such as the obligation to duly pay for an ordered Service) or from the law; or F) there has been a termination or a restriction of the Provider’s or his sub-contractor’s activities; or G) the Provider is obliged to do so with regard to valid legal provisions or the decision of a court or another authorized body; or H) the Service has been used in an unauthorized way or it may potentially be abused; or I) there is a reasonable suspicion or a concern about an increase in safety risks or other measures related to the safe usage of the Services or about the Provider’s or a third party’s rights or legitimate interests being endangered. The revocation of the Contract by the Provider according to this article does not constitute any claim of the User for the reimbursement or compensation of a monetary performance accepted by the Provider from the User. The User shall be informed about the Contract being revoked through his contact e-mail or through the members’ area interface. The party which had a performance effected for it by the other party before the revocation of the Contract shall return the performance, including the interest at the rate stated in the Contract for this case where the performance is a monetary obligation, otherwise determined by § 502. If the performance is returned by the party who revoked the Contract, this party has the right to have its related expenses reimbursed.
15. DISPUTE RESOLUTION
Both the Provider and the User are obliged to make all the effort that may be rightly required of them in order to reach an out-of-court settlement based on the Contract and these Terms and Conditions. If an out-of-court settlement of the dispute is not possible, the Provider and the User as parties to the Contract have decided that all property disputes that have arisen from the Contract or are related to it shall be finally settled, with the exclusion of general jurisdiction courts, in the Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic according to its valid Rules and Guidelines by one arbitrator in the Czech language. The arbitration ruling shall be binding for both parties. The party to the Contract that has lost the dispute is obliged to both fully respect the arbitration ruling and to cover all the expenses of the arbitration proceedings, including the adversary’s legal representation expenses. The User and the Provider have further agreed that disputes that are not property disputes between the Provider and the User or any other disputes that, for whichever reason, cannot be taken to the above-mentioned arbitration court, shall be taken solely to courts in the Czech Republic having subject-matter and local jurisdiction. The User and the Provider agree that the aforementioned provision remains valid even after the validity and the effect of the Contract expire.
16. APPLICABLE LAW
The rights and obligations of the parties to the Contract arising from the Contract and these Terms and Conditions, including the registration of a future User, the ordering of a Service, the conclusion of a Contract, its validity and effect, as well as related rights and responsibilities, are governed exclusively by the legal order of the Czech Republic. All legal relations between the Provider and the User that are not explicitly regulated by these Terms and Conditions are thus governed by the legal order of the Czech Republic, particularly by the relevant provisions of the Commercial Code and the Civil Code.
17. DAMAGE COMPENSATION
In compliance with provision § 386 of the Commercial Code, the Provider and the User have agreed that all actual damage, including any consequential damage and loss of profits, that can be incurred by the User because of one or more violations of the Provider’s contractual or legal obligations (hereinafter referred to as “Damage”), can amount only to the price that the User paid to the Provider for an ordered Service, and therefore the parties to the Contract have mutually agreed that the User can hold the Provider responsible only for a damage amounting up to the total price that the User paid for an ordered Service. The User and the Provider agree that the aforementioned provision remains valid even after the validity and the effect of the Contract expire. Within the meaning of provision § 725 and the following of the Commercial Code, the User, as a promisor, thus unreservedly and unconditionally promises to the Provider, as a promisee, to compensate, free of any limitation and at full cost, for any damage and loss of profits which can be incurred by the Provider or a third party on the basis of the Contract or which has demonstrably been incurred by the Provider or a third party for a reason attributable to the User. The User thus irrevocably and unconditionally undertakes to compensate upon the Provider’s request for damage that is incurred in relation to the provision or usage of Services or as a result of the violation of any of the User’s obligations arising from these Terms and Conditions. The User shall compensate for the damage to the Provider within thirty calendar days after receiving the request for damage compensation. The User’s promise of damage compensation is made in written form and it is considered as delivered to the Provider on the day the Contract becomes effective. The promise of damage compensation remains valid after the termination of the Contract.
18. SOME INTERPRETATION PROVISIONS
If there is a contradiction or an ambiguity between the various language versions of these Terms and Conditions, the Czech language version is applicable. If a provision included in these Terms and Conditions or in the Contract was, for whichever reason, invalid or ineffective, this does not constitute the invalidity or ineffectiveness of other parts and provisions of these Terms and Conditions or of the Contract. Any omission or failure to exercise the Provider’s rights arising from the Contract or these Terms and Conditions shall not be considered as a waiver of these rights and results neither in the extinguishment of the Provider’s rights nor in the extinguishment of the possibility to claim or enforce these rights. The User and the Provider have agreed that if the Provider returns to the User a monetary obligation accepted from the User, the Provider returns it to the User without any contractual or legal interest. The parties to the Contract have further agreed that without the Provider’s prior written consent, the User is not allowed to delegate any rights, obligations or covenants based on or arising from the Contract, including these Terms and Conditions, to any third party.
19. FINAL PROVISIONS
These Terms and Conditions become valid and effective on January 1st, 2016. The valid and effective version of the Terms and Conditions is published on https://NetKey.link/terms/. The Provider is allowed to change his Terms and Conditions. The language of communication between the Provider and the User is English, unless the User and the Provider agree otherwise. An integral part of these Terms and Conditions is Acceptable Usage Policy published on https://NetKey.link/terms/.
valid from January 1st, 2016