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On provision of services for allocation of virtual web servers (hosting) and registration of domain names in the Internet, hereafter referred to as the Services on LLC Hosting Ukraine Servers, hereinafter referred to as the Contractor, to any individual or legal entity which has accepted the terms and conditions specified in the Public Offer (Agreement) and has paid for the services of the Contractor, hereinafter referred to as the Subscriber.
This Agreement is a public offer by nature and is the equivalent of “Verbal Agreement”, and has an adequate legal force in accordance with laws of Ukraine.
1. The information mentioned below is an official offer (public offer) to any legal entity or individual to enter into an agreement for subscription services. This Agreement is a public, i.e. under Article 633 of the Civil Code of Ukraine and its terms and conditions are the same for all users.
2. According to Article 642 of the Civil Code of Ukraine, the fact that the Subscriber has paid for the Services and the Contractor has received a relevant financial document confirming the fact of such payment is the full and unconditional acceptance of the terms and conditions of the Public Agreement.
3. The Public Offer is also deemed accepted when the Subscriber is registered on the Contractor's site. The Contractor’s site is located at http://www.ukraine.com.ua/.
4. The Agreement Number is a unique number assigned at registration on the Contractor’s site.
5. By entering into the Agreement, the Subscriber confirms that he/she has fully and completely read and agreed with its terms and conditions, and, if the Customer is an individual, gives his/her permit to the Contractor for processing his/her personal data for the purpose of making it possible to fulfill the terms and conditions of this Agreement, make settlements and receive fee notes, acts and other documents. The permit for personal data processing remains effective for the duration of the Agreement, and then over the next five years after its expiration. Any destruction of personal data shall be the reason for termination of the Agreement, and shall be done on the basis of a written (paper) application of a client. In this case, the Agreement will be terminated on the date specified in a notice sent by the Contractor in response. In addition, by entering into this Agreement, the Customer confirms that he/she is aware (without any additional notification) of the rights laid down by Law of Ukraine “On Personal Data Protection”, the purpose of data collection, as well as the fact that his/her personal data are transferred to the legal entity, which is LLC “Hosting Ukraine”, for the purpose of making it possible to fulfill the terms and conditions of this Agreement, make settlements and receive fee notes, acts and other documents. The Customer also agrees that the Contractor has the right to give access and transfer his/her personal data to third parties without any further notice to the Customer, while keeping to the purpose of personal data processing (for example, when a domain name is registered). The scope of the Customer’s rights as a personal data subject in accordance with Law of Ukraine “On Personal Data Protection” is known and understood thereby.
Hosting - a service for providing a disk space for storage of data on a server that is on the network.
Domain (domain name) – a character-coded name used for addressing nodes on the Internet (websites, email servers, network services) in the form which is convenient for people.
Account - an account in multi-user system which contains the information necessary for identification of a subscriber, authorization and accounting.
Subscriber Identification – provision of documents confirming a Subscriber’s identity, and authorization on the website of the Contractor.
Registrant – a Subscriber. in the interests of who the domain name is registered and delegated.
Registrar – the Contractor who provides the services that are necessary for technical support to registration, delegation and functions of the domain name.
Register Operator - an entity which provides technical maintenance of the Registry.
Register – an information and technical data processing system which contains the information about domain names, network addresses, Registrars, Registrants and contact persons of Registrants.
Transfer - a procedure for changing the domain name of the Registrar.
IP Address – a network address in computer network.
DNS Server - an application designed to respond to DNS- queries in conformity with a relevant protocol, it provides domain names to IP addresses resolution.
Personal data - any information directly or indirectly related to a specific or identifiable individual.
WHOIS – a service designed to receive contact details and technical information about domain names, IP- addresses and other network information. The WHOIS service is a public service of the Internet (Public Services Regulations [https://hostmaster.ua/services/]).
I. GENERAL PROVISIONS
1.1. The Services means the provision to the Subscriber:
1.1.1. a unique username and password allowing him/her to place his/her information on the Contractor’s servers;
1.1.2. registration of domain names and their support of on DNS primary and secondary nameservers;
1.1.3. mail servers service for hosted websites;
1.1.4. access to the online guidelines which are necessary to connect to the Service via a special section of the Contractor’s site;
1.1.5. a virtual dedicated server hosting;
1.1.6. a dedicated server hosting.
1.2. The Services do not include an option for sending and receiving electronic messages of the Subscriber at the Contractor’s office, setting or diagnosis of a personal computer, a modem and a software of the Subscriber both at the office of the Contractor and the Subscriber’s place, as well as training how to work in the Internet.
1.3. The Contractor provides a domain name registration on the basis of Agreements entered into with domain administrators and other registering organizations.
1.4. In providing support to the Subscriber for the domain name registration, the Contractor shall not be responsible for the timing and possible registration delays due to technological characteristics of a Registry Operator. Also, The Contractor shall not responsible if a Registry Operator denies a domain registration for any reasons which are not inconsistent with its internal Regulations.
1.5. A new domain name is registered when all the necessary conditions, rules and regulations are met for its registration, in particular:
1.5.1. an application contains full and correct details required for registration;
1.5.2. rules of a given domain zone are met.
1.5.3. The rights to the domain name (s), which is (are) registered, will be transferred to the Subscriber for the whole period of duration, providing that the relevant payment is made according to paragraph 3 of this Agreement.
1.5.4. If the domain to be registered cannot be assigned the Subscriber for any reasons, the Contractor may make that domain available with indication of its contact details , however the Contractor cannot own such domain names and do not claim for them.
1.5.5. The Subscriber acknowledges that, according to him/her, neither the registration of the domain name nor its operating procedures do not violate intellectual property rights of third parties.
1.5.6. The payment for the domain (domains) registered under this Agreement shall not be refunded under any circumstances.
1.5.7. On the initiative of the Subscriber, the registered domain (domains) may be earlier removed from the registration database, and it will be available for registration to third parties.
1.5.8. All operations with the domain are carried out in accordance with the rules and regulations of the domain extension in which it is being registered or has been registered:
- Domain Rules .UA [https://hostmaster.ua/policy/?ua]
- Domain Regulations .COM.UA [https://hostmaster.ua/policy/?com.ua]
- Domain Regulations .KIEV.UA [https://hostmaster.ua/policy/?kiev.ua]
- Registration Regulations for Second-Level Domain [https://hostmaster.ua/policy/2ld.ua]
- Specifics for Registration of Second-Level Domains [https://hostmaster.ua/2ld/]
- Rules for Registration and Use of Domain Names in Domain .УКР [http://uanic.net/pravilaregistracii-i-polzovaniya-domennymi-imenami-v-domene-ukr/]
- Rules for Registration and Use of Domain Names in Domain .RU та .РФ [http://www.cctld.ru/ru/docs/rules.php]
- Rights and Obligations of International Domain Names Registrants [http://www.icann.org/en/resources/registrars/registrant-rights/benefits]
II. RIGHTS AND OBLIGATIONS OF THE PARTIES
2.1. Obligations of the Contractor:
2.1.1. To provide the Services to the Subscriber via the registration of the Subscriber.
2.1.2. Provide secure WEB interface for Subscriber registration, process Subscriber data and create unique subscription record according to inputed data by Subscriber. After account creation Contractor has to send access credentials via email to Subscriber.
2.1.3. To provide the Services based on an amount of monthly payment debited from the Subscriber's account.
2.1.4. To publish official reports related to the provision of the Services to the subscribers and changes in payment rates on the Contractor's website and send them to the email addresses of the Subscribers.
2.2. Obligations of the Subscriber:
2.2.1. To provide full, true and accurate information to the extent that is necessary to provide the Services they request/purchase. The information provided by the Subscriber, if necessary, may be published in open sources.
2.2.2. To pay for the Services in accordance with a chosen rate plan of the Contractor. The Subscriber undertakes to read and understand the information about terms of the Services and rates on Contractor's website.
2.3. Rights of the Contractor:
2.3.1. To temporarily or completely discontinue providing the Services to the Subscriber and require written explanation from the Subscriber in the following cases:
220.127.116.11. a payment for the Services is not received in a timely manner;
18.104.22.168. the Subscriber provides inaccurate contact details or does not provide such information on request;
22.214.171.124. any actions aimed at limiting or preventing access of other users to the Services provided by the Contractor, as well as any attempts of unauthorized access to the resources of the Contractor and to other systems available via the Internet;
126.96.36.199. any distribution via the Internet of any information that contradicts the requirements of Ukrainian laws or international law contained in international treaties and conventions to which Ukraine is a party. The distribution means either a bulk distribution of e-mail letters to many recipients or a multiple distribution to one recipient, as well as the use of details (web pages, e -mail) for such distributions made through another Provider. The messages means emails, ICQ, and other similar means of interpersonal communications;
188.8.131.52. any publications or transfer of any information or software that contains software viruses or any other components which are equivalent to them;
184.108.40.206. any actions aimed at sending, publishing, transmitting, reproducing, providing or using, for any commercial purposes, the information, software or other materials, in whole or in part, obtained through the Service (unless it is expressly permitted by the owner of such information, software or other products) provided that there is a written request of the owner of such information to restrict the above mentioned actions;
220.127.116.11. any actions aimed at sending, publishing, transmitting, reproducing or distributing, in any way, in whole or in part, the software or other materials obtained through the Service, which are protected by copyright or other rights, without having a permit from the owner, as well as sending, publishing, transmitting or distributing, in any way, any component of the Services or any works created on the basis thereof, as the Services themselves is subject to copyright and other rights, provided that there is a written request of the owner of those rights to restrict the above mentioned actions;
18.104.22.168. any sending of electronic messages of commercial or other nature, which are not preliminary agreed with (not requested by) the recipient, irrespective of whether they are effected through the mail server of the Contractor or other mail server;
22.214.171.124. any publications and transmission via the Internet of any information contradicting the applicable laws of Ukrainian or international treaties and conventions to which Ukraine is a party, In particular, it refers to pornographic images. In the absence of legally applicable methods for determining whether a particular image is pornographic, the Contractor reserves the right for such determination;
126.96.36.199. any hosting of software (binary code, scripts, etc.) on the Contractor’s servers, which plays a role of server or an independent service.
2.3.2. The Contractor may unilaterally terminate the contractual relations with the Subscriber, by simultaneously sending a written electronic notice, when the Subscriber violates its obligations under this Agreement. The date of sending the notice to the Subscriber shall be the moment of termination of the Agreement and discontinuation of the Services.
2.3.3. When the Subscriber has higher (excessive) demands to hardware and other resources provided within the ordered Services, the Contractor reserves the right to offer the Subscriber to switch to another service plan, and in case of the Subscriber’s rejection, to terminate the Services provided thereto with the return of money which is not used by the Subscriber.
2.4. Rights of the Subscriber:
2.4.1. To demand from the Contractor to provide the Services in accordance with the terms and conditions of this Agreement.
2.4.2. To receive from the Contractor the information about services and additional paid services.
2.4.3. To address the Contractor with complaints and suggestions for improving the quality of the Services.
III. PRICES AND PAYMENT PROCEDURES
3.1. The payment for the Services is made in the national currency of Ukraine in accordance with the rates set at the time when the Services are provided.
3.2. When making the payment, Subscriber shall indicate in the payment document a number of invoice issued by the Contractor and identify the paid Services.
3.3. The Contractor may unilaterally revise the prices for the Services and introduce a new service plan. When introducing the new prices, the Contractor shall notify the Subscriber thereof by posting a message on the site of the Contractor or by sending an e-mail to the Subscriber. The date of entering a new Service Plan into force of shall be the date of its publication on the website of the Contractor. When the service plans have been changed, the payment made earlier will not be recalculated according to new service plans.
3.4. The Services are deemed paid at the time when the money is credited to the current account specified in Section VIII of this Agreement.
3.5. Within ten (10) days of the date when the Subscriber’s account starts to generate a negative balance, the contents of his/her mailbox and virtual server should be kept by the Subscriber, and thereafter the contents of the e-mail box and the Subscriber’s information on the virtual server will be deleted.
3.6. The Services provided by the Contractor cannot be transferred to third parties, including the transfer of services to other companies in the following cases:
3.6.1. receiving such service as a bonus or a gift ;
3.6.2. underpayment (partial) payment of such service;
3.6.3. claims under sub- paragraphs of paragraph 2.3.1. of this Agreement;
3.6.4. receiving a bonus or gift to such service;
3.6.5. free transfer of the domain name without its extension.
3.7. The Services may be transferred to third parties, including the transfer of service to other companies, if the Services fees are 100% paid to Contractor.
IV. SPECIAL CONDITIONS AND RESPONSIBILITIES OF THE PARTIES
4.1. The Contractor does not guarantee the absolutely uninterrupted or error free Services and does not guarantee that the offered software or any other materials do not contain system errors. Contractor shall take all reasonable efforts and actions to prevent that.
4.2. The Contractor shall not be responsible for any direct or indirect damage caused to the Subscriber as a result of using or failure to use the Services or as a result of errors, omissions, interruptions, file deletions, defects, delays in operation or data transmission, or modification of functions and other reasons. The Contractor does not guarantee the acceptance of the Subscriber’s mail from remote networks, the operation of which has added that network address to the list which is not used by the mail delivery program of the Contractor to receive the mail.
4.3. The Contractor shall not be responsible for the quality of public communication channels through which the access to the Service is provided.
4.4. The Subscriber shall assume full responsibility and risks associated with using the Internet through the Service, including the responsibility for evaluation of accuracy, completeness and usefulness of any opinions, ideas and other information, as well as the quality and characteristics of goods and services distributed in the Internet and provided to the Subscriber through the Services.
4.5. The Subscriber shall be solely responsible for the security of his/her password and for any losses that may occur due to its unauthorized use. In case of login and password theft which occurred through the fault of a third party, the client may send to the address of the Contractor a request to change the login and password that must be attached with a relevant financial document confirming the payment of the Services.
4.6. The Contractor shall not be a deemed to responsible in respect of any liabilities and costs associated with any violation of this Agreement by the Subscriber or any other person using the Subscriber’s username and password; or associated with Subscriber in the Internet through the Service, or associated with posting or transmission of any message, information, software or other materials on the Internet by the Subscriber or other persons using his/her username and password.
4.7. The Contractor shall satisfy the Subscriber’s requests forwarded only from a contact e-mail of the Subscriber from the service area (account) on the Contractor's site. The contact e-mail means an address specified in the registration database on the Contractor's site. The Subscriber can change the contact e-mail in the registration database when entering into the service area (account) on the Contractor's site.
4.8. The Contractor, the Administrator of the domain extension and the Register Operator shall not be responsible for any consequences of using, disusing or misusing the domain names by the Subscriber. The Contractor, the Administrator of the domain extension and the Register Operator cannot be brought to judicial disputes in respect of domain names.
4.9. The Subscriber agrees to receive messages regarding the provision of the Services by e-mail and through short message service (SMS).
4.10. The parties have agreed to assume that a facsimile signature reproduction on bills and work acceptance certificates signed by the Parties under this Agreement has the same legal effect as handwritten signatures of authorized representatives of the Parties.
4.11. This Agreement is made in Ukrainian, Russian and Engilsh. In case of disputes Russian version takes preference.
V. SETTLEMENT OF CLAIMS AND DISPUTES
5.1. The Subscriber’s claims for the Services provided will be accepted by the Contractor for consideration only in writing and no later than 3 calendar days from the date when the dispute has arisen. The term of review of the Subscriber’s claims will be no more than fourteen (14) business days.
5.2. Any claims to the Contractor related to the provision of the Services will be considered upon providing by the Subscriber the relevant financial documents confirming the payment of the Services.
5.3. For the purpose of disputes consideration, the parties may provide, as a proof, printed e-mails with the service technical information (headers) stored in them. If the service technical information (headers) is not in place, that letter is not proof. The originality of email headers can be confirmed by the Internet Service Provider through which the appropriate email is sent by or independent experts.
VI. ENTRY OF THE AGREEMENT INTO FORCE. DURATION. MODIFICATION AND TERMINATION PROCEDURES
6.1. The Subscriber may, at any time, unilaterally waive the Services of the Contractor. In this case, the Subscriber shall notify the Contractor within 15 days prior to the date of termination of the Agreement.
6.2. The Contractor may, at any time, unilaterally refuse to provide the service to the Subscriber without clarification of reasons, and the Subscriber shall be refunded for full months of unused time.
6.3. In case of termination of the Services in accordance with the terms and conditions of this Agreement, the Subscriber shall be refunded for full months of unused time (pay per month during which the service was discontinued is non-refundable) upon providing by the Subscriber of the relevant financial documents.
6.4. The Agreement shall enter into force on the date of payment for the service in the manner prescribed by this Agreement and shall be valid for one year. If either Party has not notified the other Party in writing of the termination of this Agreement 15 calendar days before the expiration hereof, it will be automatically extended for the next one year period.
6.5. For all issues which are not addressed in the present text of the Agreement, the Parties shall follow applicable laws of Ukraine.
VII. ANNEXES TO THE AGREEMENT
7.1. Annexes are an integral part of this Agreement.
7.2. Annex No.1 - Terms of Service.