Regulations for the Provision of Virtualization / VPS Services by ETOP Sp. z o.o.

Offered under the DataHouse.pl Trademark, dated November 1, 2018

3.1 The Operator provides virtual resources as described in the Agreement, in accordance with its terms, these Regulations, and the General Regulations.

3.2 The Operator ensures the continuity of the Service in accordance with documentation and generally accepted good practices.

3.3 In the case of Virtual Server leasing based on the Public Cloud, the Operator ensures the creation of at least one backup copy every seven (7) days and maintains at least the most recent copy.

3.4 The Operator ensures that the backups described in the above point are stored on separate physical resources from the Physical Node hosting the Virtual Server.

3.5 The Operator is obliged to maintain the confidentiality of all data stored on the resources described in the Agreement, in accordance with telecommunication secrecy regulations.

3.6 The Operator performs administrative work on virtualization resources in accordance with the Administration Regulations, with the following work-hour limits unless otherwise specified in the Agreement:

3.6.1 For Virtual Server and Cloud services based on the Public Cloud – no limits.

3.6.2 For the Virtualization Platform service – up to 5 hours per month.

3.6.3 For the Private Cloud service – up to 5 hours per month.

3.7 If these work-hour limits are exceeded in a given billing period, the Subscriber is required to pay for the additional work hours according to the Operator’s pricing valid on the day the excess hours were performed, unless the Agreement states otherwise and if such work was requested by the Subscriber.

3.8 If the Subscriber does not have a separate Agreement for System Administration Services, all work described above pertains only to work performed on the Virtualization Platform level and not on the virtual machines hosted on it unless the work relates to the interaction between the Virtual Server’s Operating System and the Virtualization System.

3.9 The Operator is required to provide access credentials for the resources covered by the Service on the day of activation, which includes:

3.9.1 Administrator/root password for the virtual machine in the case of Virtual Server leasing based on the Public Cloud.

3.9.2 Administrator password for the Virtual Server management panel in the case of Virtualization Platform leasing or root password for the Physical Node.

3.9.3 Administrator password for the management panel in the case of Private Cloud leasing.

3.10 Upon Service termination, the Operator is required to immediately delete the Subscriber’s data unless there is a legal requirement to retain it for evidentiary purposes.

3.11 The Operator notifies the Subscriber of insufficient resources or approaching dangerous levels of resource usage.

4.1 The Subscriber is required to keep the access credentials provided upon Service activation confidential.

4.2 The Subscriber may share access credentials obtained during Service use with a third party at their own risk.

4.3 The Subscriber must designate authorized individuals for communication with the Operator in the Agreement or by issuing authorization during the Service period. The Operator does not disclose any data or execute requests from unauthorized individuals.

4.4 Upon request by the Operator, the Subscriber must provide current access credentials securely to facilitate administrative work. Failure to do so will result in suspension of the request execution until the credentials are received.

4.5 If the Service (excluding Public Cloud-based services) includes a backup resource, the Subscriber must present a backup policy to the Operator, which is a prerequisite for performing backups.

4.6 The Subscriber must immediately notify the Operator of any detected technical issues.

5.1 The Operator's contractual liability for improper Service execution is limited to the value of the Subscription for the billing period in which the incident occurred.

5.2 The Operator is only liable under general principles if direct fault can be attributed to them.

5.3 The Operator is not liable for failures that were unforeseeable or for which they took necessary corrective measures.

5.4 The Operator is not responsible if the Subscriber intentionally or unintentionally grants system access to third parties.

5.5 The Operator is not responsible for the operation of Operating Systems hosted on virtual resources not leased from the Operator or for the functionality of "open-source" software installed on them.

5.6 The Operator is not liable for any losses resulting from the Subscriber failing to report detected technical issues.

5.7 The Operator is not responsible for data backups stored on external media outside the Operator’s resources.

5.8 The Operator is not liable for losses caused by resource overuse, especially if the Subscriber was notified per Article 3.11 of these Regulations.

 

Article 6
Software

 

7.1 The number of network resources assigned to the Service is defined in the Agreement.

7.2 The Operator provides general protection against DDoS attacks for all Services covered by the Agreement.

7.3 If unauthorized access, a threat to the operation of other Subscribers’ services, or an obvious violation of legal regulations is detected, the Operator has the right to immediately or automatically limit or terminate network access to the Service.

7.4 In the event of an incident described in the above point, the Operator shall promptly inform the Subscriber using one of the communication methods specified in the Agreement.

7.5 The Operator has the right to take all necessary actions to remove the cause of unavailability caused by incorrect network configuration of Virtual Servers or Virtual Internal Networks. This particularly applies to cases such as looping, ARP-storms, or IP address conflicts.

8.1 Maintenance work that does not cause Service unavailability may be performed by the Operator at any time.

8.2 Maintenance work requiring temporary suspension of the Service may be conducted daily between 23:00 and 06:00.

8.3 The Operator shall notify the Subscriber of scheduled maintenance work described in the above point at least three (3) days in advance.

8.4 In cases where urgent maintenance is required to ensure the security and stability of the Service and the data stored within it, the Operator is authorized to carry out all necessary actions at any time. The Operator shall immediately notify the Subscriber of such work using the contact details specified in the Agreement.

9.1 These Regulations come into effect on November 1, 2018.

9.2 These Regulations apply to Agreements that reference them in their content.

9.3 In the event of amendments to these Regulations, the version valid on the date of Agreement signing remains applicable unless the amendment increases the Subscriber’s rights or results from changes in a higher-ranking legal act.

9.4 The complaint procedure is described in the Regulations for the Provision of Services by ETOP Sp. z o.o. dated April 23, 2018.