M1. General Terms of Use for Hosting Services

Bohemka.eu

These terms and conditions are governed by Czech law.

2.1 Definitions

• Bohemka.eu - Entrepreneur: Vojtěch Ihnát, ID No.: 23040131
• ADMIN: Administrator, technical support, Bohemka.eu
• OWNER: The person ordering the service (paid or sponsored) provided by Bohemka.eu; the OWNER is the person ordering the service, not the payer.
• AUTHORIZED PERSON: A person authorized by the OWNER to modify the purchased service.
• FTP: File Transfer Protocol, a network service designed for file transfer.

2.2 Use of Services

2.2.1 Game Server (hereinafter referred to as GS)

• The GS is a publicly accessible service.
• The basic installation of the GS complies with the licensing agreement of the respective game. For the basic installation of the GS, freely available files are used. If the GS requires files of the respective game, Bohemka.eu owns an original copy of that game.
• All files necessary for the operation of the GS are accessible to the OWNER via FTP (except for game servers where this is not permitted).
• When modifying the settings of the GS or altering the basic installation of the GS, the responsibility for complying with the licensing agreement passes to the OWNER of the GS. Such modifications include changes made by the OWNER of the GS or by the ADMIN (based on the OWNER's request).
• The ADMIN is not authorized to modify the settings of the GS or make changes without the OWNER's consent, except for fixing errors in the basic installation, actions aimed at preventing overloading, or other optimizations.
• It is prohibited to change GS parameters that affect the calculation of the monthly GS fee or network communication (especially changing the number of slots, exceeding the paid number of slots for players, including bots or anything else occupying player slots on the server, changing the game for which the GS is intended, IP addresses, or ports).
• It is prohibited to modify or interfere with the query protocol of the game server. The server must always display accurate information regarding the number of slots and players on the server, if supported by the game.
• It is prohibited to make any modifications to the GS settings that could cause the hardware server to crash or become excessively overloaded. This includes any action with the GS performed with the intent to overload or crash the server.
• It is prohibited to use the GS FTP for distributing or storing data unrelated to the operation of the GS.
• In case of violation of any of the above points by the OWNER or AUTHORIZED PERSON, the ADMIN is entitled to shut down the GS for a period proportional to the violation. The duration is determined by the ADMIN at their discretion. The OWNER is not entitled to compensation for damages in such cases.
• When purchasing a GS for the game Minecraft, the Customer automatically agrees to the terms issued by Mojang - EULA.
• It is prohibited to operate a GS aimed at gameplay between clients using hacks/cheats (servers like "Hack vs Hack" or similar).
• On Rust servers, if OxideMod is installed, it is not permitted to use the parameter modded: false, which sets the server as community despite using OxideMod.
• In case of disputes regarding copyright, the OWNER of the affected GS is obliged to cooperate (communicate) in resolving the dispute, provide a statement regarding the dispute, and take corrective action as agreed.

2.2.2 Storage

• You agree to stay within the storage limit that is related to your package. If you go over this limit, you will be warned, if no response is made, we may be forced to delete your data to avoid the overage affecting other users. Your storage allowance is only to be used for your game server, any unrelated items that are stored on your server may be deleted.
• For Unlimited storage packages, the space you are allocated is based on Fair Usage. We will contact you if you do use an unreasonable amount of space.
• Very Large dynmaps, logs and backups may be deleted if they take up a considerable amount of space which can potentially cause issues on the server.

2.3 Service Complaints

• The Customer is obliged to report any malfunction of the service immediately. If they fail to do so, the period of malfunction or limited functionality will be considered to start from the date the complaint is reported to the operator via the ticket system or email.
• The Operator undertakes to start addressing the issue no later than within 5 working days and to inform the Customer about the progress of the resolution.
• If the failure is due to the Provider's fault and is not caused by a third party (e.g., natural disaster, DDoS attacks, or malfunction of third-party servers related to the GS operation), the Provider is obliged to provide compensation for the period of malfunction or limited functionality. Compensation is provided in the form of additional days added to the service rental, with a minimum of 1 extra day, depending on the duration of the limited functionality.

2.3.1 - Right to Refund

• The Customer is entitled to a refund for the purchased service in case of proven complete malfunction of the service for at least 2 weeks within one month of the service rental.
• The Customer is entitled to a refund for the purchased service without stating a reason if the service has not yet been activated, i.e., if the purchased service has not been started.
• The right to compensation for damages is void if the malfunction or poor performance was caused by non-standard service settings by the Customer. Non-standard settings include anything that deviates from the basic installation provided by the Provider.

2.3.2 - Dispute Resolution

If a consumer dispute arises between us and the Consumer from the Purchase Agreement or Service Agreement that cannot be resolved amicably, the Consumer may submit a proposal for out-of-court resolution of such a dispute to the designated entity for out-of-court consumer dispute resolution, which is:

The Consumer may also use the online dispute resolution platform established by the European Commission at http://ec.europa.eu/consumers/odr/.

3. Principles of Processing Customers' Personal Data at Bohemka.eu in Compliance with GDPR

Data Processor and Controller

Entrepreneur, hereinafter referred to as Bohemka.eu:

3.1 Processing of Personal Data at Bohemka.eu

Bohemka.eu processes personal data only to the extent necessary to fulfill the contract of which the data subject is a party, or to implement measures taken before concluding the contract at the request of the data subject. Personal data is obtained by Bohemka.eu from the data subjects. Additionally, Bohemka.eu processes data necessary to fulfill legal obligations, for example, based on obligations set by other legal regulations required for retention under the VAT Act or Accounting Act.

Providing personal data necessary for fulfilling the contract, legal obligations of Bohemka.eu, and protecting the legitimate interests of Bohemka.eu is mandatory. Without providing personal data for these purposes, it would not be possible to provide the services. Consent is not required for processing personal data for these purposes. Processing for the purpose of fulfilling the contract and legal obligations cannot be refused.

3.2 Data Protection Officer

Bohemka.eu does not have an appointed Data Protection Officer, as it is not required by law.

3.3 Backup and Recovery from Backup

All personal data and information are regularly backed up. Bohemka.eu does not interfere with the data in the created backups (files, snapshots, etc.). In case of recovery, Bohemka.eu adjusts the personal data after recovery to comply with these Principles.

3.4 Basic Personal Identification and Address Data Processed by Bohemka.eu

3.4.1 Processing for the Purpose of Fulfilling the Contract, Legal Obligations, and Legitimate Interests of Bohemka.eu

• Ensuring the operation of services (including protection) of electronic communication networks (fulfillment of the contract).
• Providing electronic communication services, details of all payment transactions, and related services (fulfillment of the contract).
• Billing for provided or offered services (fulfillment of the contract).
• Fulfilling legal (especially tax) obligations (fulfillment of legal obligations).
• Purposes set by special laws for criminal proceedings and to fulfill the obligation to cooperate with the Police of the Czech Republic and other state authorities (fulfillment of legal obligations).
• Customer disputes between Bohemka and the Customer (legitimate interest).
• Steps related to Customer identification (fulfillment of the contract).
• Securing evidence for potential defense of Bohemka's rights (legitimate interest).
• Recording the use of the network and electronic communication services (legitimate interest).

3.4.2 Stored Data for Concluding and Fulfilling the Contract

• Business name
• ID No., VAT ID
• Billing address
• IP address
• Country
• Identification details of the service owner and payer
• Confirmation of the data subject's age of majority or consent from the legal guardian for the transfer of personal data to Bohemka.eu

3.4.3 Customer Account

By filling in the information required to create a Customer Account, the data subject consents to Bohemka.eu processing, which can be revoked at any time in accordance with GDPR. Complete deletion of the Customer Account is performed upon an authorized request from the data subject, provided no active services are present in the customer administration. If the Customer Account contains any service-related data, the account is not deleted but deactivated, with no login possible. Deletion of the Customer Account, or anonymization in accordance with these Principles, occurs after the deletion (or anonymization) of all services in the Customer Account (after the expiration of retention periods for individual services) in accordance with these Principles.

An integral part of all services is the Customer Account, which requires the following information:

• Nickname
• Email address

Information necessary for communication with the Customer:

• Country
• Language in which the website is displayed

Optional information:

• Security/control question
• Answer to the security/control question

3.4.4 Data on Ordered and Subscribed Services, Service Usage

Processing for the purpose of fulfilling the contract, legal obligations, and legitimate interests:

• Type and specification of the ordered, provided, or completed service, changes to services, and change history (including all documents sent electronically or in writing by Customers to Bohemka.eu or by Bohemka.eu to Customers).
• Volume of provided or completed services and their price, details of price calculation and determination.
• Information on payments and settlements, including all details of the performed payment (e.g., sender's account number).
• Information on the status of the credit account and transactions on this account.
• Information on pending and incomplete orders.
• Access history to the administration.
• All details of individual service settings, e.g., the combination of email address and IP from which access is permitted.
• History of changes to individual service settings.

3.4.5 Operational and Localization Data

Bohemka.eu processes additional operational and localization data related to the transmission of messages via electronic communication networks, necessary for billing services, resolving potential disputes arising from service provision, and fulfilling legal obligations. These include:

• Address and details of the data connection (e.g., IP address or URL).
• Date and time of performed operations and changes.
• Details of accesses to the Bohemka.eu customer administration and performed changes.
• Type of browser and operating system of the connected computer.
• Data flows for individual services provided by Bohemka.eu to its Customers.
• Details of data traffic used primarily to monitor the quality of provided services and ensure the security of provided services (e.g., records used or obtained by various IT protections and security solutions, such as DDoS protection, IDS/IPS protection, antivirus protection).
• Details of occupied data (storage) space.
• Details of machine utilization (CPU, RAM, etc.) by the service.

3.4.5.1 Operational and Localization Data - Logs

• Events created in the Bohemka.eu service administration (retention and processing period is the same as the period the service is recorded in Bohemka.eu's records).
• Access logs with a processing period of up to 6 months.
• Error logs with a processing period of up to 6 months.
• FTP logs with a processing period of up to 6 months.
• Logs of customer support activity (views and reading of customer support communication with Customers).
• Logs of handling individual services (service settings, service views, transfers, and changes within Customer Accounts).

3.4.6 Other Data Generated in Connection with Service Provision

These data arise during the provision of services that are not electronic communication services or during the provision of electronic communication services beyond the data required for data transmission or service provision. Data generated (e.g.) by network devices during the provision of electronic communication services beyond operational and localization data are necessary for resolving disputes regarding service quality, evaluating and improving the quality of networks and services, and network maintenance.

3.4.7 Communication between Bohemka.eu and the Customer

These data arise during communication related to the provision of Bohemka.eu services between Bohemka.eu and the Customer. This includes written and electronic communication with the Customer, short text messages, chat, and possibly video chat communication between the Customer and Bohemka.eu.

3.5 Retention Period of Customer Information at Bohemka.eu

• For Customers of Bohemka.eu services, Bohemka.eu is entitled, if they have fulfilled all their obligations towards Bohemka.eu, to process in the customer database their basic personal, identification, contact data, service data, and data from their communication with Bohemka.eu for 10 years from the date of termination of the last contract with Bohemka.eu.
• The Customer agrees to this upon concluding the contract and is aware that, as a data subject, they cannot revoke this consent.
• Since Bohemka.eu uses a credit system with a credit account to which funds can be sent at any time, Bohemka.eu cannot automatically delete the Customer Account, and deletion must be requested from Bohemka.eu.
• Invoices and other accounting documents issued by Bohemka.eu are archived in accordance with relevant regulations, particularly Section 35 of Act No. 235/2004 Coll., on Value Added Tax, for 10 years from their issuance. To prove the legal basis for issuing invoices, relevant information related to the service is also archived for 10 years from the date of contract termination.
• In accordance with Section 97(3) of Act No. 127/2005 Coll., on Electronic Communications, Bohemka.eu is obliged to retain operational and localization data generated or processed during the provision of its public communication networks and publicly available electronic communication services for 6 months and, upon request, provide them to authorities active in criminal proceedings or other authorities, provided the conditions set by special legal regulations are met.
• Bohemka.eu retains, in accordance with the law, additional operational and localization data related to telecommunication operations—particularly so-called access logs. These logs contain all information about the Customer's actions towards Bohemka.eu and/or third parties. Due to their content, these logs are provided only upon the request of the affected entities in accordance with the law or to authorities or state bodies. Bohemka.eu does not interfere with the content of the logs, and these logs may be used as evidence in various proceedings.

3.6 Processing of Cookies from Websites Operated by Bohemka.eu

If the data subject has cookies enabled in their web browser, we process records of their behavior from cookies placed on the websites operated by Bohemka.eu for the purpose of ensuring better operation of Bohemka.eu's websites.

3.7 Rights of the Data Subject

The data subject has all the rights arising from REGULATION (EU) 2016/679 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).