User agreement.

1. Definitions

Client – you, a natural or legal person;

NetiServer – NetiServer OÜ, an Estonian company, commercial register code 11716090, legal address: Metsa 22-18, Riisipere alevik, Nissi vald, Harjumaa, 76202;

Party – either the Client or NetiServer;

Parties – the Client and NetiServer together;

Physical Server – a server in NetiServer’s possession used to provide the Service to the Client, together with its associated hardware and software, which the Client can access using the authorisation codes issued to them by NetiServer.

Virtual Server – a limited resource of the Physical Server, administered by the Client, with which the Client can present HTML applications belonging to them and use PHP or CGI scripts and MySQL databases to present applications belonging to them. The term Virtual Server also covers the limited resource of the Physical Server allocated to the Client by NetiServer for sending and receiving email.

Service – a Virtual Server made available by NetiServer to the Client for managing a registered domain, in accordance with the package chosen by the Client.

Agreement – the agreement concluded between the Client and NetiServer for the provision of the Service on these terms;

The Client and NetiServer hereby agree that NetiServer will provide the Service to the Client in accordance with the terms set out in this Agreement.

2. Purpose of the Agreement

The purpose of the Agreement is to regulate the legal relationship between NetiServer and the Client that underlies and arises from the provision of the Service by NetiServer to the Client.

3. Representations of the Parties

The Client confirms that:

1. the information they provided to NetiServer when concluding the Agreement is correct and they have active legal capacity at the time of concluding the Agreement (which, for a natural person, includes being of legal age). If the Client concludes the Agreement through a representative, the Client and their representative confirm that the representative has active legal capacity and is authorised to conclude this Agreement.
2. before concluding the Agreement, they have read the description of the desired Service and the terms of the Agreement, including the price, and understand that the price offered applies until it is changed.
3. concluding the Agreement does not breach any obligations imposed on them by legislation, an administrative act or a court decision, or arising from their relationships with third parties.

NetiServer confirms that:

1. it has the means and skills to provide the Client with the Service set out in the Agreement;
2. concluding the Agreement does not breach any obligations imposed on them by legislation, an administrative act or a court decision, or arising from their relationships with third parties.

4. Conclusion of the Agreement

The Agreement is deemed concluded when the Client has filled in the sign-up form on NetiServer’s website, clicked the “Tellin” (Order) button (i.e. submitted an offer to NetiServer), and NetiServer has accepted the offer by sending the Client a notice to that effect together with the authorisation codes needed to use the Service.

The Agreement enters into force upon conclusion.

NetiServer will respond to the Client’s offer (the expected time of entry into force of the Agreement) without unreasonable delay, and at the latest:

1. within 14 days when linking a domain ending in .ee to a Virtual Server;
2. within 5 working days when linking any other domain to a Virtual Server, counted from payment of the advance payment due to NetiServer for registering the domain chosen by the Client.

If the Client wishes to link a domain name previously registered in their name to a Virtual Server, the work required before a response can be given to the Client may take additional time, of which the Client will be notified.

NetiServer has the right to reject the Client’s offer by notifying the Client. NetiServer reserves the right to refuse to conclude the Agreement if the Client owes money to NetiServer or to third parties, breaches or has breached the terms of services provided by NetiServer or third parties or good Internet practice, or for any other reason that NetiServer considers valid.

5. Client’s right of withdrawal

The Client has the right to withdraw from the Agreement within 14 calendar days of its conclusion.

To withdraw from the Agreement, the Client submits a notice of withdrawal to NetiServer in a format that can be reproduced in writing.

6. Service

NetiServer provides the Service to the Client as agreed between the Parties in the Agreement. NetiServer has the right to change the Service (including the software solutions used to provide the Service) by notifying the Client at least 7 calendar days in advance. In urgent cases (such as security issues), NetiServer has the right to make changes without prior notice to the Client. If the Client is not satisfied with the changed Service, they have the right to terminate the Agreement by notifying NetiServer in the manner set out in the Agreement.

The Client acknowledges that, due to the nature of the Service and of the various services on which use of the Service depends, NetiServer cannot guarantee that the Service will be available at all times. NetiServer will make reasonable best efforts to keep the Service available to the Client as continuously as possible.

7. Domain

By submitting an offer to conclude the Agreement, the Client authorises NetiServer to register the domain name requested by the Client in the Client’s name.

As agent, NetiServer registers the domain requested by the Client in the Client’s name, provided that the domain is not registered to a third party. If it is not possible to register the domain name requested by the Client in the Client’s name, the Agreement is not concluded and NetiServer loses the right to represent the Client in registering the domain name.

If registering the domain name requested by the Client is subject to a fee, the Client pays for the domain registration before the Agreement is concluded, on the basis of an invoice issued by NetiServer and by the due date stated on the invoice. By issuing an invoice for the domain registration, NetiServer undertakes to conclude the Agreement with the Client in accordance with the Client’s offer (to give its acceptance) after the domain has been registered, unless the circumstances on which conclusion of the Agreement depends change materially between the issue of the invoice and the registration of the domain.

The above provisions of this section do not apply if the Client already holds a registered domain name. In that case, NetiServer is authorised to represent the Client in dealings with the domain name registry to the extent necessary to provide the Service.

The Client undertakes to ensure that their domain name does not conflict with applicable legislation or good practice and does not infringe the rights of third parties, including intellectual property rights. The Client confirms that they have read, and undertake to comply with, the terms set by the domain name registry for registering a domain name.

The Client understands that registering a domain name creates rights and obligations relating to that registration between the Client and the domain name registry, which is a third party. This Agreement does not govern the Client’s right to the domain name; NetiServer does not allocate domain names and cannot guarantee that the Client’s right to the domain name will continue. NetiServer’s liability in registering a domain name is limited to its actions as an agent representing the Client.

8. Client’s rights, obligations and liability in using the Service

Under the Service, the Client may use the Virtual Server to present their applications and materials to the public, to create and use email addresses and to send and receive email, and for other intended purposes in accordance with the Service description.

The Client is responsible for the content of the Virtual Server they manage and has the rights and obligations arising from this Agreement to administer the Virtual Server allocated to them. NetiServer does not guarantee that the Client cannot, while using the Service, act in conflict with applicable legislation or the rights of third parties.

The Client must inform NetiServer immediately of any problems that arise in using the Service.

The Client can get help with using the Service on NetiServer’s website https://www.netiserver.com or by email at support@netiserver.com.

The Client makes backups of the files stored on the Virtual Server as needed. NetiServer does not guarantee the preservation of files placed on the Virtual Server.

The Client undertakes not to use on their Virtual Server any software, scripts, programs or other applications that load, disrupt or damage the intended operation of the Physical Server, and to remove them within 24 hours of receiving a notice to that effect from NetiServer.

The Client shall compensate for damage arising from damage to the Physical Server caused by software or applications they use, or from otherwise unlawfully obstructing NetiServer’s activities, if NetiServer has warned them about such conduct in advance. If the Client damages the Physical Server intentionally, they are liable regardless of any warning from NetiServer.

The Client ensures that their activities in using the Service (including material presented on their website) do not conflict with applicable legislation. This obligation includes a prohibition on sending spam (bulk email).

The Client undertakes not to use on the Virtual Server any email programs or applications that allow internet users to send spam or threatening, disparaging or misleading emails to other people.

The Client undertakes not to publish on the Virtual Server any materials, or provide any services, that conflict with the laws in force in the Republic of Estonia, other legislation or good practice, or with the rights of third parties.

The Client undertakes to keep confidential the authorization codes provided by NetiServer for administering the Virtual Server.

If, as a result of the Client’s unlawful activities (including failure to fulfil an obligation assumed towards a third party), third parties bring claims against NetiServer, the Client shall compensate NetiServer for the resulting damage.

If the Client allows third parties to use the Service, the Client remains liable to NetiServer for their activities.

9. NetiServer’s rights, obligations and liability in providing the Service

NetiServer is responsible for the operation of the Physical Server and software used to provide the Service and has the rights and obligations arising from this Agreement to provide the Service.

NetiServer undertakes to provide the Client with as stable a Service as possible, including the highest possible reliability of the Physical Server (under reasonable circumstances).

NetiServer will notify the Client of disruptions caused by upgrades to the Physical Server at least 5 calendar days in advance.

NetiServer will fix faults in the Physical Server within 3 calendar days at the latest from the day the fault appears.

NetiServer does not disclose the Client’s authorization codes to third parties.

NetiServer has the right to monitor that the Client does not, in using the Service, violate applicable legislation or the Agreement, including by using applications that place an improper load on the Physical Server or by presenting on their website material that is contrary to law or good practice or infringes the rights of third parties.

If the Client does not respond to a notice to that effect, NetiServer has the right, 24 hours after sending the notice, to remove software, scripts or other applications used by the Client that cause disruptions and improper load on the Physical Server and prevent NetiServer from providing the Service.

NetiServer has the right to issue the Client with binding instructions to stop unlawful activities connected with the use of the Service, or to remove unlawful material or material contrary to good practice from the Virtual Server, and to remove such material itself, if necessary up to and including suspending the Service or terminating the Agreement.

NetiServer has the right to suspend the Service to the Client immediately and without warning if software, scripts or other applications used by the Client have caused software or hardware faults in the Physical Server due to overload.

NetiServer is not liable for damage arising in connection with:

1. the activities of third parties;
2. faults in communication lines not under NetiServer’s control (including those belonging to data communication providers);
3. power outages beyond NetiServer’s control;
4. the Client’s activities in managing the Virtual Server, including the content of materials stored and published by the Client on the Virtual Server or the content of emails sent by the Client or from addresses belonging to them in the course of using the Service;
5. problems with software not created by NetiServer (including software used by the Client);
6. the spread of viruses;
7. the Service not meeting the Client’s needs; except where such liability rests with NetiServer by law and the damage is caused intentionally or through gross negligence.

10. Payment for the Service

The Client pays NetiServer the agreed fee for providing the Service. NetiServer has the right to change the fee for the Service unilaterally by notifying the Client at least 30 days in advance. The new price applies from the time stated in NetiServer’s notice.

If the Client does not agree to NetiServer’s change to the price of the Service, they have the right to terminate the Agreement in accordance with the procedure set out in the Agreement.

NetiServer invoices the Client for the Service after each calendar month has elapsed, using the date the Agreement was concluded as the invoice date. An invoice is issued regardless of whether the Client has actually used the Service.

The Client undertakes to notify NetiServer immediately if an invoice for the Service has not reached them by the invoice date or if the invoice is incorrect.

The Client pays invoices for the Service within 14 calendar days of the day the invoice is received.

NetiServer has the right to suspend the Service immediately if the Client is more than 14 calendar days late in paying an invoice after its due date.

NetiServer has the right to charge late payment interest of 0.5% per day after the fifth day past the payment due date.

The Service is paid for in advance. When the Agreement ends, the Client has the right to a refund of the part of the prepaid fee for the Service that covers the period after the Agreement ends.

11. Notices

Notices and memoranda between the Client and NetiServer arising from this Agreement must be submitted in a form that can be reproduced in writing (including by letter, fax and e-mail), except where the notice is of a general informative nature and does not affect the rights and obligations of either Party.

12. Confidentiality

The Parties are obliged to keep the other Party’s business and other secrets if these come into a Party’s possession in the course of providing the Service, except where the obligation to disclose the information arises from law.

The above provision remains in force after the Agreement ends.

13. Contact details

Upon conclusion of the Agreement, the Parties’ contact details are deemed to be the details provided to the other Party in the course of concluding the Agreement.

A Party undertakes to inform the other Party immediately, in a form that can be reproduced in writing, of any changes to its name or to the address of its seat or residence.

14. Term, amendment and termination of the Agreement

The Agreement is concluded for an indefinite term. No minimum term applies to the Agreement.

NetiServer has the right to amend the terms of the Agreement unilaterally as a result of changes in legislation or case law, a precept issued by an administrative authority, or other material circumstances relating to the provision of the Service. NetiServer will publish the new terms on its website https://www.netiserver.com at least 30 days before they take effect. If the Client does not agree to the new terms, the Client has the right to terminate the Agreement.

Either Party has the right to terminate the Agreement without giving reasons by notifying the other Party in advance in a form that can be reproduced in writing.

Where the Agreement is terminated at the Client’s initiative, the Agreement is deemed to have ended 7 calendar days after the moment the Client sends NetiServer a notice asking it to stop providing the Service to the Client.

Where the Agreement is terminated at NetiServer’s initiative (unless there are good reasons caused by the Client), the notice period is 30 days.

A Party may terminate the Agreement without observing the notice period if the other Party breaches the Agreement.

If the Client loses the right to the domain linked to the Virtual Server, the Agreement ends.

15. Governing law, dispute resolution and limitation

The Agreement is interpreted and applied in accordance with Estonian law.

The Parties settle disputes between them through negotiation. If no agreement is reached, disputes are resolved in Harju County Court.

The limitation period for claims arising from the Agreement is one year.