Provision of hosting, rental of virtual dedicated servers, dedicated servers, and registration of the internet domain names hereinafter referred to as the "Services" on Hosting.XYZ LTD servers, hereinafter referred to as the "Contractor", to any entity or private individual hereinafter referred to as the "Subscriber."
This agreement is a public offer and shall be considered equivalent to a verbal agreement. This agreement is governed by and shall be construed in accordance with the laws of Ukraine.
The following information is an offer agreement (public offer) to any legal entity or private individual to conclude a subscription services agreement. This agreement is public, i.e. according to Article 633 of the Civil Code of Ukraine its terms shall be the same for all consumers.
In accordance with Article 642 of the Civil Code of Ukraine, the fact of payment for the Services by the Subscriber shall be considered as full and unconditional acceptance of the terms and conditions of this Offer Agreement.
This Offer Agreement shall also be considered as adopted after the Subscriber’s registration on the Contractor's website. The Contractor's site shall be accessed at the following address: https://hosting.xyz/.
Agreement number shall be a unique number issued after the registration on the Contractor's website.
The Service Provider refused to provide Services to government authorities, other public bodies, including state-owned enterprises, institutions and organizations in order to ensure compliance with the Law of Ukraine “On the Protection of Information in Information and Telecommunication Systems
TERMS USED IN THIS AGREEMENT
Subscriber is a person to which the Services are provided according to the Agreement. All actions performed using the Subscriber's login and password shall be considered by the Contractor as actions performed by the Subscriber personally.
Hosting is a service of storing data on a server or other computer so that it can be accessed over the Internet.
Domain (domain name) is used to identify one or more IP addresses (websites, e-mail servers, network services) in human readable form.
Subscriber Verification is confirmation of the Subscriber's personal data that was provided by them upon registration on the Contractor's website, by way of receiving copies of the passport or other identity documents from the Subscriber certified by their electronic digital signature or using the BankID system.
Services Control Panel is a web interface and application programming interface (API), through which the Subscriber manages domains, hosting accounts, websites, mailboxes, and also where information about payment and Services terms can be viewed. Access to the Services Control Panel is provided using authorization (login and password).
Administrative Application is an electronic application of the Contractor addressed to a specific Subscriber, which may contain comments and/or requirements, requests and/or a messages reflected in the service area of the Subscriber's Services Control Panel, to which the latter must respond within 24 hours according to p. 3.2.9. of the Agreement.
Registrar is the Contractor that provides services necessary for the technical support of registration, delegation, and operation of the domain name.
Registry Operator is a person responsible for technical support of the Registry.
Registrant is a Subscriber who uses the Registrar's services for registering (delegating) a domain name.
Registry is the information and technical data processing system that contains the information about domain names, network addresses, the Registrars, the Registrants, and Registrant's contact persons.
Registration (delegation) of a domain name is a procedure for delegation of a domain name carried out by the Registrar (by order and in the interests of the Registrant), the result of which is to assign the right to use the relevant domain name to the Registrant for a definite term.
Term of Delegation is a period during which the Registrar ensures delegation of a domain name.
Transfer is the procedure of changing a domain name Registrar.
IP address is a unique string in a computer network.
DNS server is an Internet service designed to respond to DNS-requests under the corresponding protocol and translate domain names into IP addresses.
Administrative Domain Contact is a person responsible for managing a domain name.
Technical Domain Contact is a person responsible for technical operation of a domain.
Personal Data is information or collection of information about a person who is identified or can be specifically identified.
WHOIS is a query and response protocol used for querying databases that store the registered users or assignees of an Internet resource, such as a domain name, an IP address block, or an autonomous system. WHOIS is a public service on the Internet (Public Services Regulations [https://hostmaster.ua/services/]).
ICANN (Internet Corporation for Assigned Names and Numbers) is an international organization that is responsible for coordinating maintenance of the IP-addresses space and the system of Internet domain names.
BankID is a way to verify citizens through Ukrainian banks to provide administrative and other services via the Internet.
І. GENERAL PROVISIONS
1.1. The Services shall mean providing the Subscriber with:
1.1.1. a unique name and password to enable the Subscriber to place information on the Contractor’s servers;
1.1.2. domain name registration and support of their primary and secondary DNS server;
1.1.3. the opportunity to create e-mail names;
1.1.4. consultations required to connect to the Services, which are provided through a special section on the Contractor’s website;
1.1.5. the opportunity to rent a virtual server;
1.1.6. the opportunity to rent a dedicated server.
1.2. The Contractor shall provide domain name registration based on the agreements with domain administrators and other registrars.
1.3. In providing the Services to register a domain name, the Contractor shall not be responsible for the deadlines and possible delays in the registration process relating to the technological features of the registration process. In addition, the Contractor shall not be responsible for the failure of the company to register domain for any reason.
1.4. A new domain name shall be registered if all the necessary conditions, rules, and registration norms are met, in particular:
1.4.1. application contains the complete, accurate, and reliable information required for the registration. Responsibility for correctness and reliability of information and data specified in the application shall be borne by the Subscriber.
1.4.2. rules of the relevant domain zone are observed.
1.5. The rights to the registered domain name shall be transferred to the Subscriber for an entire term subject to an appropriate fee, according to Section 4 of this Agreement.
1.6. In the case where the registered domain name cannot be registered in the Subscriber’s name for any reason, and this does not contradict the requirements of the Registry, the Contractor shall be entitled to register such a domain by entering his own contact details. At the same time, the Contractor shall not acquire any rights to such domain names and shall not be held responsible if such a registration is illegal, its maintenance, and use of such domain names instead of the Subscriber.
1.7. The Subscriber shall acknowledge that neither the registration of the domain name nor the order of its use directly or indirectly violate the rights of third parties at the time of conclusion of this Agreement.
1.8. Under no circumstances, refund for the registered domain (domains) shall be made under this Agreement.
1.9. At the discretion of the Subscriber, the registered domain (domains) may be removed from the registration database before the appointed time. After that, such domain (domains) shall be available for registration by third parties.
1.10. All operations with the domain shall be performed in accordance with the rules and regulations of the domain zone in which it is registered or is being registered:
- Rules of .UA domain [https://hostmaster.ua/policy/?ua]
- Regulations for .COM.UA domain [https://hostmaster.ua/policy/?com.ua]
- Regulations for .KIEV.UA domain [https://hostmaster.ua/policy/?kiev.ua]
- Regulations for registration of second-level public domains [https://hostmaster.ua/policy/2ld.ua]
- Features of registration of second-level public domains [https://hostmaster.ua/2ld/]
- Rules of registration and use of domain names in .УКР domain [http://uanic.net/pravila-registracii-i-polzovaniya-domennymi-imenami-v-domene-ukr/]
- Rights and obligations of registrants of international domain names [http://www.icann.org/en/resources/registrars/registrant-rights/benefits]
- and other domain zones, the rules and regulations of which are published on the official sites of these domain zones.
ІІ. PERSONAL DATA
2.1. By signing this Agreement, the Subscriber confirms that he has been made fully aware of the terms and conditions. In the case where the Subscriber is a private individual, he shall give consent to the Contractor for the processing of his/her personal data.
2.2. The purpose of the processing of the Subscriber's personal data shall be the Contractor's ability to provide the Services under this Agreement, to make settlements, receive invoices, statements, and other documents, to detect and prevent fraud, as well as to solve security and technical issues, and to protect against imminent threat of causing damage to the Contractor or his clients in accordance with the law.
2.3. By signing this Agreement, the Subscriber confirms that he has been made fully aware (without additional notice) of the provisions of the Personal Data Protection Act of Ukraine and the purposes of the processing data sent to the Contractor by the Subscriber.
2.4. Subscriber’s authorization to the processing of personal data shall be valid for the entire term of the Agreement and within the next five (5) years after its expiration.
2.5. Removal of the Subscriber's personal data is made at the request of the Contractor, and is the basis for termination of the Agreement.
2.6. In the case of provision of domain name registration services under this Agreement, the Registrar shall be provided with the data referred to in paragraph 3.2.2. of this Agreement. If the provision of the Services under this Agreement involves the use of additional information, the Registrar may require the Registrant to provide such information. The Registrant shall provide any additional personal information at his discretion.
2.7. Personal data provided by the Subscriber shall be available to employees and subcontractors of the Contractor.
2.8. By entering into this Agreement, the Subscriber agrees that the Contractor has the right to grant access and transfer provided personal data to third parties without any change in the purpose of the processing of personal data (for instance, in the case of registration or renewal of the domain name). The Subscriber also agrees that he is duly notified on each instance of personal data provision to third parties for the purposes set out in paragraph 2.2. of the Agreement. In case of change of the purposes for which personal data of the Subscriber are transferred to third parties referred to in paragraph 2.11. of this Agreement, the Contractor shall notify the Subscriber about the new purposes by sending an appropriate email to the email address provided by the Subscriber.
2.9. In order to provide domain name registration services under this Agreement, personal data of the Registrant, as well as the personal data of third parties provided by the Registrant accompanied by their written consent, may be transferred to administrators of the root domain registry in which the domain name is registered, to providers, operators, and users of WHOIS, ICANN service, escrow agents, and auditors and the registrar who may be appointed by ICANN for the purposes of domain transfer.
2.10. The Contractor guarantees that he will not use Subscriber’s personal data for any other purposes except for those specified in paragraph 2.2. of this Agreement without sending a duly executed notification to the Subscriber.
2.11. The Registrant can change the personal data provided by them through the Service Control Panel.
ІІІ. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. Contractor’s obligations:
3.1.1. To provide a secure WEB interface for the purposes of the Subscriber registration, to process the input data of the Subscriber, and to create a unique account based on the data entered. To ensure access to the Services in the Services Control Panel.
3.1.2. To provide the Services in accordance with the amount of a monthly fee made pursuant to Section 4 of this Agreement.
3.1.3. To update official information related to the Subscriber's servicing and change of rates on the Contractor's website.
3.2. Subscriber’s obligations:
3.1.2. To provide complete, truthful, and accurate information in the quantity required for the provision of the Services by the Contractor. If needed, the information provided by the Subscriber may be published in public sources with the exception of Subscriber's personal data.
3.2.2. If the Contractor provides domain name registration services, to provide the following accurate and up–to-date information about each domain name in a timely manner, in particular, full name, email, postal address, and telephone number of: the Registrant, authorized contact person (if the Registrant of the domain is a legal entity), technical contact of the domain, administrative domain contact of the domain, billing contact of the domain;
3.2.3. To independently change all passwords that were provided by the Contractor and bear full responsibility for their security.
3.2.4. To update personal data and inform the Registrar on any change of the personal data specified in paragraph 3.2.2. of this Agreement within 24 hours upon changing such data.
3.2.5. To provide a response to the Registrar’s request for confirmation of the relevance of personal data provided by the Subscriber within 24 hours upon sending such a request to the Subscriber.
3.2.6. To keep the personal data specified in paragraph 3.2.2. of this Agreement, as well as contact details published on the Contractor's website service part up-to-date.
3.2.7. At the request of the Contractor, to provide copies of passport or other identification documents certified with electronic digital signature of the Subscriber, or verify their identity using BankID system.
3.2.8. To pay for the Services in accordance with the chosen plan of the Contractor. The Subscriber shall familiarize himself with information about terms, conditions, and rates for the provision of the Services and published on the Contractor’s website.
3.2.9. To provide a response to an Administrative Application or notice of the Contractor within 24 hours upon sending of such application or notice to the Subscriber.
3.2.10. To comply with the requirements set forth in the Service Terms (https://hosting.xyz/legal/tos/).
3.2.11. Not to place state information resources, as well as domain names, servicing state information resources, on servers of the Service Provider in order to ensure compliance with the Law of Ukraine “On the Protection of Information in Information and Telecommunication Systems”, according to which state information resources should be processed in an information (automated) system with the use of comprehensive information protection system with the attested compliance.”
3.3. Contractor’s rights:
3.1.3. To stop the provision of the Services to the Subscriber temporarily or completely and require written explanations from the Subscriber in the following cases:
184.108.40.206. Failure of to make timely payment for the Services.
220.127.116.11. Provision by the Subscriber of false or inaccurate contact details or failure to provide such details at the request of the Contractor.
18.104.22.168. Failure by the Registrant to update the personal data specified in paragraph 3.2.2. of this Agreement within 24 hours upon changing such data;
22.214.171.124. Absence of reply of the Subscriber to the Contractor's request for verification of the Subscriber for 24 (twenty four) hours from the moment of receiving such request by the Subscriber;
126.96.36.199. Absence of reply to an Administrative Application of the Contractor within 24 hours upon sending of such application:
188.8.131.52. Any actions aimed at limiting or preventing access of other users to the Services provided by the Contractor, as well as attempts of unauthorized access to the Contractor’s resources and other systems accessible via the Internet;
184.108.40.206. Distribution of any information on the Internet, which is contrary to Ukrainian law, or norms of international law contained in the international treaties and conventions to which Ukraine is a party. Distribution of information shall mean sending mass emails to multiple recipients, sending mass emails to one recipient, and using details (web pages, E-mail) of the Subscriber in such cases, made through another internet provider. Email shall mean an electronic message sent via instant messaging software (Skype, Viber) or other similar means of information exchange;
220.127.116.11. Publication or transmission of any information or software that contains computer viruses or other components equal to them;
18.104.22.168. Any actions aimed at sending, publishing, transmission, reproducing, sharing, or using of any information, software, or other materials for commercial purposes, in whole or in part obtained through the Services (unless it's clearly permitted by the owner of such information, software, or other products), provided that the owner of such information sent a written request on the limitation of the above-mentioned actions;
22.214.171.124. Any actions aimed at sending, publishing, transmission, reproducing, or distribution of the software or other materials in any way, in whole or in part obtained through the Services which are protected by copyright or other rights without the permission of the owner, as well as sending, posting, transmitting, or distributing in any way any components of the Services or projects created based on it, as the Services themselves are protected by copyright and other rights provided that a written request of the owner of such rights on the limitation of the above-mentioned actions is sent;
126.96.36.199. Publication and transmission of any information on the Internet contrary to the Ukrainian law or international treaties and conventions to which Ukraine is a party. In particular, this applies to pornographic images. Due to the fact that there are no methods of determination whether a particular image is pornographic established by law, the Contractor reserves the right for such determination;
188.8.131.52. Hosting software (binary code, scripts, etc.) which performs the role of a server or a separate service on the Contractor’s virtual hosting servers.
184.108.40.206. Non-compliance with the requirements set forth in the Service Terms (https://hosting.xyz/legal/tos/).
220.127.116.11. Placement of state information resources, as well as domain names, servicing state information resources, on the servers of the Service Provider.
3.3.2. In case of temporary termination of the provision of Services by the Contractor, in case of occurrence of the cases specified in p. 3.3.1. of the Agreement, the Contractor shall be entitled to block access to the Subscriber's Services Control Panel and/or to block the provided Services fully or partially.
3.3.3. In case of nonperformance or breach of its obligations under this Agreement by the Subscriber, the Contractor shall have the right to terminate this Agreement at any time effective after sending a written notice to the Subscriber via email. The day on which a written notice is sent out to the Subscriber and servicing is terminated shall be considered an effective date of termination of this Agreement.
3.3.4. If the Subscriber has high (excessive) needs in hardware and other resources provided within the framework of the ordered services, the Contractor reserves the right to offer the Subscriber switching to another plan. In case the Subscriber refuses to do so, the Contractor shall be entitled to stop all servicing and get back the monetary funds unused by the Subscriber.
3.4. Subscriber’s rights:
3.1.4. To require the Contractor to provide the Services in accordance with the terms of this Agreement.
3.2.4. To receive any information about the Services and additional fee-based services from the Contractor.
3.4.3. To address the Contractor with any complaints and suggestions for improving the quality of the Services.
IV. COST OF THE SERVICES AND PAYMENT PROCEDURE
4.1. Payment for the Services provided under this Agreement shall be made in the national currency of Ukraine in accordance with the rates set at the time of the provision of the Services on 100% advanced payment.
4.2. When making payments through branches of a banking institution, the Subscriber shall indicate in a payment document the number of the invoice issued by the Contractor identifying the services being paid for.
4.3. The Contractor shall have the right to unilaterally revise the price of the Services. The Contractor shall notify the Subscriber of the introduction of new prices by publishing them on the Contractor's website. New prices shall come into force on the date of publication (the date of publication on the website of the Contractor). In the event of changes in the prices, payments made for the Services shall not be recalculated.
4.4. Provision of virtual web servers services (hosting), rental of virtual dedicated servers, dedicated servers shall be deemed paid upon sending a notice of successful activation of the Services to the Subscriber by the Contractor.
4.5. Services for registering domain names on the Internet are considered to be paid upon sending a notice to the Subscriber by the Contractor of successful activation of the Services and updating the information in the WHOIS service.
4.6. The Services provided by the Contractor cannot be passed on to third parties, including the transition for servicing to other companies, in the following cases:
4.6.1. getting this service as a bonus or a gift;
4.6.2. with incomplete (partial) payment for this service;
4.6.3. claims under paragraph and subparagraph 3.3.1. of this Agreement;
4.6.4. getting a bonus or a gift to this service;
4.6.5. transfer of the domain name without its extension free of charge.
4.7. The service can be passed on to third parties, including transition for servicing to other companies in case of 100% advance payment for the Services made by the Contractor.
V. SPECIAL CONDITIONS AND RESPONSIBILITIES OF THE PARTIES
5.1. The Contractor does not guarantee absolutely uninterrupted or error-free Services and does not guarantee that the proposed software or any other materials do not contain system errors. The Contractor shall take all appropriate measures and efforts to prevent this from happening.
5.2. The Contractor shall not be liable for any direct or indirect damage caused to the Subscriber as a result of the use or impossibility to use the Services or incurred as a result of any losses, failures, unavailability of the Services, DDоS, and other attacks on the Server or in the network of the Subscriber or Contractor, deletion of files, defects, delays in operation or transmission, change of the features, and other causes. The Contractor does not guarantee the possibility to accept Subscriber's email messages sent from the remote networks, which have been blacklisted by the Contractor’s mail delivery program.
5.3. The Contractor shall not be liable for the quality of communication channels, which are used for the purposes of accessing the Services.
5.4. The Subscriber shall assume full responsibility and risks associated with the use of the Services provided.
5.5. The Subscriber shall be fully responsible for any breach of his personal account and losses that may occur due to its unauthorized use. The Subscriber shall ensure his password is secured.
5.6. The Contractor shall not be fully or partially responsible for any obligations and costs associated with:
- Violation of the provisions of this Agreement by the Subscriber or any other person using Subscriber’s user name and password, or
- Use of the Internet through the Services, or
- The placement or transmission of any message, information, software, or other materials on the Internet by the Subscriber or other persons using his login and password.
5.7. The Registrant shall bear full responsibility for damages caused by illegal use of the registered domain by third parties.
5.8. The Contractor shall fulfil the Subscriber's requests sent only from the contact e-mail of the Subscriber or from the service area of the Services Control Panel after successful authorization.
5.9. The Registrar, Administrator of the domain zone, and Registry Operator shall not be liable for the consequences of the use, failure to use, or misuse of domain names which are registered with their help, as well as for the content of any materials on websites published under such domain names or placed on the Registrar's servers. The Registrar, Administrator of the domain zone, and Registry Operator shall not be involved in any court disputes with respect to domain names.
5.10. The Contractor shall perform only technical functions and shall not acquire any rights to the corresponding domain names and websites, and shall not be responsible for placement of any materials on their hosting by the Subscriber.
5.11. The Subscriber shall deal with any disputes relating to the registration and use of a domain name and hosting services on his own, and shall hold the Registrar and Registry Operator and his directors, managers, other employees, and representatives harmless from any liability, claims, and actions arising due to the registration and using of a domain name and web hosting services. The Subscriber shall indemnify the Contractor against all liabilities and costs incurred (including legal fees) relating to a court hearing of any claims, complaints, and disputes regarding the registration and use of domain names and hosting services.
5.12. The Subscriber shall agree to receive notifications regarding the provision of the Services by e-mail and through Short Message Service (SMS, Viber, Telegram etc).
5.13. The Parties shall agree to consider the facsimile signature on invoices and statements of completion and final acceptance of works signed by the Parties under this Agreement having same legal validity as a handwritten signature of authorized representatives of the Parties.
VI. CLAIMS AND DISPUTES RESOLUTION PROCEDURE
6.1. The Subscriber’s claims relating the Services shall be accepted by the Contractor in writing and within a period no later than three (3) days from the day on which the dispute arose. All Subscriber’s claims made in a proper manner shall be considered by the Contractor no longer than fourteen (14) working days.
6.2. Any dispute between the Parties arising out or in connection with the registration or use of a domain name that has not been resolved to the satisfaction of the Parties as set forth in paragraph 6.1. of this Agreement, shall be finally settled by a competent court.
6.3. The Parties shall have the right to provide printed e-mail messages containing technical information marks (headers) in them as evidence during court hearings. If such technical information (headers) is (are) absent, a message cannot be used as evidence. Internet service providers, which are used to send the e-mail message or independent experts, can confirm the originality of the e-mail message headers.
VII. FORCE MAJEURE
7.1. Neither Party shall be liable for non-performance or improper performance of this Agreement if it is caused by force majeure circumstances that the Parties could not foresee and/or any other unforeseen circumstances that prevent performance of contractual obligations and occur regardless of the will and intent of the Parties.
Force majeure circumstances shall include (without limitation): fire, flood, earthquake, tsunami, tornado, hurricane, typhoon, landslides, mudflows, snow avalanches, volcanic eruptions and other natural disasters, wars, revolutions, coups, strikes, sabotage and terrorist acts, looting, accidents in the energy supply system and communications, changes in legislation, actions of state bodies and their officials, if these circumstances directly affect performance of this Agreement, and their occurrence is confirmed by the body authorized in accordance with the legislation to confirm circumstances of force majeure. Unforeseen circumstances that prevent the performance of contractual obligations shall include (without limitation): removal of the Contractor's servers on the basis of a relevant court decision, an accident, illegal actions of third parties, an explosion etc.
7.2. The Party that became aware of the occurrence of such circumstances shall notify the other Party to that effect not later than fifteen calendar days upon occurrence of such circumstances.
7.3. In the event of force majeure circumstances, the term of performance of the obligations under this Agreement shall be extended for the period during which such circumstances and their consequences last.
VIIІ. ENTRY INTO FORCE AND PRICE OF THE AGREEMENT, VALIDITY TERM OF THE AGREEMENT, PROCEDURE OF AMENDMENT AND TERMINATION OF THE AGREEMENT
8.1. The Subscriber shall be entitled to unilaterally withdraw from the Contractor’s Services at any time. In this case, there are no refunds, including advance payment for the Services.
8.2. The Contractor shall be entitled to unilaterally deny the provision of the Services to the Subscriber without explanation at any time, and the Subscriber shall be refunded for full months of unused time of using the prepaid Services on provision of virtual web servers services (hosting), rental of virtual dedicated servers, dedicated servers. No refund is made for the services of domain name registration (delegation).
8.3. Registering a domain name shall be subject to suspension, cancellation, or transfer to any third parties in accordance with any specifications, regulations, or policies which must be adhered to by the Registrar, or in accordance with any procedures of the Registrar or the Registry if it is necessary to fix an error made by the Registrar or the Registry Operator in the domain name or with the aim of resolution of disputes associated with the registered domain name.
8.4. The Subscriber shall have the right to demand a refund from the Contractor in case of discrepancies in quality of the Services and terms and conditions under this Agreement within 30 days from the day on which payment for the Services is made (except for domain registration, transfer, and renewal services).
8.5. This Agreement shall come into force on the day on which payment for the Services is made in the manner prescribed by this Agreement, and shall be valid for one year.
8.6. The price of the Agreement shall consist of the amount of all payments received by the Contractor from the Subscriber for the Services provided during one previous year.
8.7. If the Contractor makes any amendments to the Agreement, the Contractor shall notify the Subscriber and simultaneously publish such amendments on the website.
8.8. The amendments shall come into force in 30 calendar days from the date of publication on the Contractor's website.
8.9. If the Subscriber agrees with the amendments, this Agreement shall continue in effect, taking into account the amendments introduced.
8.10. If the Subscriber disagrees with the published amendments to the Agreement, they shall notify the Contractor to that effect by an official letter with delivery receipt or by sending an electronic letter certified by electronic digital signature. The Agreement shall terminate upon receipt of the notice.
8.11. This Agreement shall be governed, construed, and enforced in accordance with the laws of Ukraine.
ІХ. ANNEXES TO THE AGREEMENT
9.1 All Annexes to this Agreement constitute an integral part of this Agreement.
9.2 Annex No. 1 - Terms of Service.