Terms of Use for the Bitport Service
1. INTRODUCTION
Bitport is a data storage site where Users can store files they need exclusively by downloading them
from the Internet via Torrents. Each User which uses Bitport must comply with the rules given in the
Terms below. The User does not allow the use of Bitport by any User who does not agree to the
Terms, and that when registering and initially using Bitport, the User unconditionally agrees to the
Terms and agrees to comply with them. Part and parcel of these Terms are also the Personal Data
Protection Guidelines and the Notification of Objectionable Content, which together constitute the full
contractual relationship between the User and the Company.
In agreeing to these Terms, the User confirms that he/she understands how Torrents function,
particularly that when downloading data from the Internet via Torrents, part of the downloaded data is
simultaneously shared. Bitport is intended for downloading files which are freely available on the
Internet which may be downloaded and shared by the User without the consent of any third party,
especially copyright holders or parties where the User has the consent of copyright holders. For files
which can only be shared with the consent of a third party, this consent must be verified by the User
him/herself. The User bears in mind and agrees that he/she is obliged to secure such consent and if the
User does not have this consent, the rights of third parties may be violated, a situation for which the
User, not the Company, is liable. Bitport does not contain any Torrents, lists of Torrents, or
recommendations of where to find Torrents. It only contains the ability to search for Torrents via
applications provided by a third party. It is entirely up to the User to place a Torrent on Bitport with
which it intends to download data to the Server or to use the Search Service to find one. By accepting
these Terms, the User confirms and agrees when using Bitport and using the Services not to violate
the rights of third parties, especially copyrights. If such violation of rights occurs, the Company is
entitled to proceed as specified below in these Terms.
2. DEFINITIONS
For the purposes of these Terms, the capitalized terms below have the following meanings:
“Bitport” means the Internet application operated on the website www.Bitport.io and the services
offered on them, especially the Services.
“Price List” means the current offer of Services and their prices listed on Bitport. Prices in the Price
List are given including value added tax and any other fees.
“Internet” means the world-wide computer network.
“Contact” means the Company e-mail: info 'at' bitport.io.
“Contact Form” means the form located on Bitport which the User can use to contact the Company.
“Civil Code” means Act no. 89/2012 Coll. of the Civil Code, as subsequently amended.
“Content” means the data, selected by the User, which the User has stored or intends to store on the
Server using the Download Service.
“Notification of Objectionable Content” means the guidelines for notifying objectionable content
listed on Bitport on the website https://bitport.io/abuse.
“Terms” means these terms for using the Bitport service which are part of the Agreement.
“Space” means the space on the Server listed in GB (gigabytes) which are available to the User for a
certain time period.
“Server” means the virtual space provided by the Company on which the User may store Content.
“Download Service” means the right of the User to use a program enabling the download of Torrents.
“Storage Service” means the service selected by the User for storing data on the Server via Torrents.
“Search Service” means the service to search for Torrents on the Internet.
“Additional Services” means any additional services offered on Bitport which are not the Search,
Download or Storage Services.
“Services” means the Search Service, Download Service, Storage Service and Additional Services.
“Agreement” means the agreement entered into by the User with the Company for the provision of
Services. These Terms are also part of the Agreement. The Agreement is concluded as an agreement
not specially regulated by the Civil Code.
“Torrent” means a file with the extension .torrent which the User finds on the Internet through the
Search Service or uploads to the Server using a link or from his/her own computer, or a file with the
extension .torrent which the User creates on Bitport through conversion from a magnet link.
“Account” means the account of the User on Bitport listed under his/her user name.
“User” means the user of the Services.
“Act” means Act no. 480/2004 Coll. on certain information society services and the change of certain
acts (Act on Certain Information Society Services), as subsequently amended.
“Personal Data Protection Guidelines” means the guidelines for protecting personal data listed on
Bitport on the website https://bitport.io/privacy-policy.
3. Using Bitport
3.1. The User is only entitled to use Bitport after registering. Registration is complete when the
User provides an e-mail address which must duly identify him/her as a User, a password for
accessing Bitport, and agrees to these Terms and the Personal Data Protection Guidelines. Data
entered by the User during registration may not be misleading in any way as to the true identity of
the User. After registering, the User will receive an e-mail with a link to confirm registration
which will take the User to the registration confirmation website.
3.2. The User is also entitled to use Bitport after registering through the Facebook social network.
When registering through Facebook, the User agrees to these Terms and the Personal Data
Protection Guidelines and the fact that Bitport will receive the User’s e-mail information from
Facebook. Registration is complete when both of these steps have been taken.
3.3. The Agreement is concluded at the moment registration is complete, simultaneously no later
than when the User first uses the Services. The Agreement is concluded for an indefinite period.
3.4. The Agreement (especially these Terms, Personal Data Protection Guidelines, Notification of
Objectionable Content and the Price List) are available to every User on Bitport.
3.5. When using Bitport, the User may only use the Services in strict compliance with these
Terms.
3.6. The User bears in mind and agrees that
a) at the moment of registration he/she consents to these Terms and declares that he/she has
duly read and understood them and unconditionally agrees to them;
b) Bitport will be used exclusively in accordance with these Terms, the legal code of the
Czech Republic and any other legal code, and that the User shall not do anything which
might disrupt or damage the operation of Bitport, violate the rights of third parties, or
which is unethical in any way;
c) he/she shall obtain all necessary consent for downloaded Content, for its sharing through
Torrents and its storage on the Server, provided such consent is necessary;
d) he/she shall not store Content on Bitport which promotes or contains racist, nationalist,
religious or other hatred, violence or discrimination, or other unlawful activity, as well as
prohibited pornography and other Content prohibited by law; and
e) costs for Internet connections are borne by each User according to the rates of their
particular provider.
f) the Company is not liable for any behavior of the User using Bitport, and in particular the
Company is not liable for Content which is stored and shared by the User.
3.7. The User is the only subject authorized to dispose of the Content which he/she has uploaded
on the Server. As part of this disposition, the User may entrust the Company through commands
given on Bitport to perform certain actions or use Additional Services. To be clear, the Company is
not entitled at its own discretion to dispose of Content, however, the User authorizes the Company
to dispose of Content if the Company is notified or otherwise learns that the Content or disposition
of it is in violation of these Terms or legal regulations.
3.8. The User bears in mind and agrees that the Search Service is not provided by the Company,
that it is provided through a third party, and that the Company does not bear any liability for the
results of using the Search Service.
3.9. The User bears in mind and agrees that the Download Service runs exclusively according to
the commands of the User and the Company does not bear any liability for these commands.
3.10. The User selects the settings for the ratio of sharing to downloading through the Contact or
Contact Form. The User bears in mind and agrees that if he/she does not select such a ratio, then
the download of data via Torrents is set on Bitport at a sharing to download ratio (seed ratio) of
1:1, or for 24 hours from the actual download of the Torrent. As soon as one of these conditions is
met, sharing is ended.
4. Rights and obligations of the User
4.1. The User bears in mind and agrees that:
a) by using Bitport the User is not entitled in any way to use the intellectual property of the
Company, its labeling (including businesses and logos), or Bitport content, and agrees
that without the consent of the Company it will not imitate, reproduce or traffic with the
Company, its name or logo;
b) without the consent of the Company, the User will not log on to Bitport in an automated
manner (especially through computer programs other than Internet browsers or mobile
applications, e.g. robots) or attempt to do so;
c) the User will not upload any data on the Server or carry out any other activities which
might endanger or damage the Server, Bitport or any network;
d) the User will not log in using registration data which is not his/her own, and will not
obtain or collect registration data of other users;
e) the User will not provide his/her Account log in data to any other third person;
f) if the User determines that his/her Account is being used in an unauthorized manner, the
User will immediately notify the Company;
g) the Company bears no liability for damages arising to the User through a violation of
these Terms;
h) the Company bears no liability for damage to a person who is not party to this
Agreement.
4.2. The User agrees to indemnify the Company for all damages arising as a consequence of the
violation of these Terms by the User.
5. Rights and obligations of the Company
5.1. Unless stated otherwise in these Terms, the Company shall not conduct any monitoring of the
Content downloaded by the User and is not liable for such Content.
5.2. The Company is only liable for Content pursuant to the provisions of Section 5 of the Act if:
a) considering its activities and the circumstances and nature of the case it could have known
that the Content or the actions of the User were illegal, or
b) it demonstrably learned of the illegal nature of the Content or the illegal action of the User
and did not immediately take all steps which could be expected of it to eliminate or
prevent access to such Content
5.3. Pursuant to Section 6 of the Act, the Company is not required to monitor the content of data it
transmits or stores or actively seek out facts and circumstances demonstrating illegal content of
data.
5.4. The User bears in mind and agrees that (i) Bitport may be temporarily inaccessible, without
the User be notified in advance and (ii) the Company is entitled to change the scope of Services
provided and their functionality and the User in such case is not entitled to demand of the
Company any compensation for damage or other compensation, unless stated otherwise by legal
regulations.
5.5. The User bears in mind and agrees that the Company does not bear any liability for (i) the loss
or damage of any data placed or stored on the Server and (ii) damage to hardware or software of
the User when using Bitport, especially damage caused by Content.
5.6. If the Company feels that the use of Bitport by the User, the uploading of Content onto the
Server, or the Content itself is in violation with the Terms or applicable legal regulations, it may at
its discretion (i) eliminate or possibly block any Content from the Server or (ii) cancel the Account
of the particular User or (iii) temporarily block the User’s access to Bitport.
6. Payments
6.1. Unless stated otherwise in the Price List, there is a fee for using Bitport. The User bears in
mind and agrees that if he/she fails to pay the Company the price for the Storage Service according
to the Price List (provided this price is not zero), then he/she is unauthorized and the Company will
prevent the use of any Service.
6.2. The price for the Storage Service is listed in the Price List for Space and is given in GB
(gigabytes) per time period. During the time period for which the Space is provided, the User can
always upload as much data as there are free GB (gigabytes) remaining up to the total capacity of
the Space.
6.3. The price for Storage Service is determined according to the prices given in the Price List on
the day the Storage Service is ordered. In the event of repeated payment for service according to
article 6.6 below, the price for Storage Service is determined according to the price given in the
Price List on the day of the order of repeated payment for the Storage Service.
6.4. The Price for the Storage Service may be paid by the User using technologies currently
available on Bitport, for example via SMS, bank transfer, payment cards of the type listed on
Bitport, or the PayPal service.
6.5. If so specified in the Price List, the User is entitled to pay for the Storage Service by
exchanging Space for bitcoins.
6.6. The User is entitled to set up recurring payment for the Storage Service according to the
current offer on Bitport. In such case, the User will be charged the amount according to the Price
List at the frequency selected by the User. Before being charged for the particular time period, the
User will always be notified by e-mail. The User is entitled to cancel recurring payment for the
Storage Service no later than three days before the planned charge.
6.7. Upon request of the User, the Company shall return to the User the amount which the User
paid for the Service, only in the event that the User has not yet started using the Storage Service.
7. Cancelling registration on Bitport
7.1. The Agreement between the User and the Company for the use of Bitport and Services is
terminated with the cancellation of the User’s registration on Bitport.
7.2. The Company can cancel the User’s registration on Bitport at any time, if so specified by
these Terms, or if the Company is required to do so by law. Once registration is cancelled, the User
is no longer authorized to use Bitport and if registration was cancelled due to a violation of Terms,
the User cannot use Bitport in the future.
7.3. The User is entitled to terminate the Agreement at any time by cancelling his/her registration
on Bitport.
7.4. In the event that the User’s Space on Bitport is expiring, the Company will notify the User of
this fact at least one week before it expires. In the event the User’s Space expires, on the day it
expires the Company will delete all data uploaded by the User onto the Server. After the User’s
Space expires, the Company is entitled at any time to cancel the User’s registration.
7.5. If the User’s registration is cancelled, the Company is entitled to delete all data uploaded by
the User onto the Server.
7.6. The User, who is a consumer according to the Civil Code, bears in mind and agrees that
pursuant to the provisions of Section 1837 let. a) of the Civil Code, if registration is cancelled the
User is entitled to a refund of payment within 14 days of entering into the Agreement only in the
event that he/she has not used the Storage Service. Consumers may contact the competent office of
the Czech Trade Inspection Authority with any complaints.
8. Final provisions
8.1. The User declares that he/she considers the rights and obligations set forth in these Terms to
be fair, comprehensible and fully agrees to them.
8.2. The User agrees that the Company may unilaterally change these Terms to a reasonable
extent. In the event of any changes to the Terms, the Company will notify the User at least 15 days
in advance by e-mail. If the User does not agree to the changes in Terms, he/she shall notify the
Company through the Contact or Contact Form and the Company will cancel the User’s Account.
If the User does not respond to a change in Terms, then it is understood that the User agrees to the
change.
8.3. Communication between the Company and User shall exclusively take place electronically.
The User may contact the Company through the Contact or Contact Form.
8.4. These Terms and the contractual relation established by them between the User and Company
are governed by the laws of the Czech Republic. In the event of a dispute which cannot be resolved
in a conciliatory manner, the court of jurisdiction for such dispute is the Prague 1 District Court on
the district level and the Prague Municipal court on the regional level.
These Terms of Use for the Bitport Service go into effect as of August 1st, 2015