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TERMS USED IN THIS AGREEMENT
Subscriber — a person to whom the Services are provided in accordance with the terms of the Agreement. All actions performed using the Subscriber’s login and password are deemed by the Contractor to have been performed by the Subscriber personally and of the Subscriber’s own free will.
Contractor — Hosting.XYZ LTD, which provides the Services to the Subscriber.
Services — all primary, additional, and related services and features of the Contractor available for ordering on its website, in the Services Control Panel, or offered to the Subscriber in another manner.
Shared Hosting — a service involving the provision of disk space for storing data on a server connected to the Internet.
Services Control Panel — a web interface and application programming interface (API) through which the Subscriber manages the Contractor’s Services and may view information about payments and the validity periods of the Services. Access to the Services Control Panel is provided to the Subscriber using authentication credentials (login, password, and token).
Administrative Communication — an electronic communication from the Contractor to the Subscriber that is displayed in the administrative area of the Services Control Panel and may contain a comment, demand, message, and/or notification.
Registrar — the Contractor, which provides technical services for the registration, delegation, and operation of a domain name.
Registry Operator — a person that provides technical support for the Registry.
Registrant — the Subscriber in whose interests the Registrar provides the domain name registration (delegation) service.
Registry — an information technology data-processing system containing information about domain names, network addresses, Registrars, Registrants, and Registrants’ contact persons, and providing an interface through which Registrars operate in accordance with established rules and procedures.
Registration (Delegation) of a Domain Name — a service involving a set of technical measures to create a domain name record in the Registry at the request and in the interests of the Registrant, as a result of which the Registrant is granted the right to use the relevant domain name for a specified period.
Transfer — the procedure for changing the registrar of a domain name.
Personal Data — information or a set of information about an individual who is identified or can be specifically identified.
ICANN — the Internet Corporation for Assigned Names and Numbers, an international organization responsible for managing IP address space and the domain name system.
I. GENERAL PROVISIONS. SUBJECT MATTER OF THE AGREEMENT
1.1. The Contractor shall provide the Subscriber with the Services ordered through the Contractor’s website, the Services Control Panel, or in another manner agreed upon by the Parties, subject to payment where the relevant Service is provided for a fee. The name, composition, scope, specifications, term, and cost of the Services shall be determined by the relevant order.
II. DOMAIN NAME REGISTRATION
2.1. The Contractor shall register domain names in accordance with agreements entered into with Registries, Registry Operators, and other registrars.
2.2. All operations involving a domain shall be performed in accordance with the rules and regulations of the domain zone in which it is being registered or has been registered.
2.3. The Contractor shall not be liable for any delay in or refusal of domain name registration caused by the actions or rules of a registry or another registrar, or by technical circumstances beyond the Contractor’s reasonable control. If registration does not take place and the relevant registry fee has not been charged, the amount paid for registration shall be refunded to the Subscriber.
2.4. Following registration of a domain name, the Registrant acquires the right to use and administer it during the paid registration period in accordance with the rules of the domain zone. Registration of a domain name does not create ownership rights in it.
2.5. The Subscriber confirms that, at the time this Agreement is entered into and throughout its term, neither the registration of the domain name, nor the manner in which it is used, nor the information posted on the Subscriber’s website violates or will violate, directly or indirectly, the rights of third parties.
2.6. At the Subscriber’s initiative, a registered domain may be deleted from the registration database before the expiration of its term, in which case it will become available for registration by third parties.
2.7. A registered domain may be deleted (undelegated), transferred to another user’s control panel (in accordance with the rights transfer procedure), or transferred to another Registrar with a change of Registrant pursuant to a decision of a competent court, arbitration body, other domain dispute resolution body, or another authorized body included in the list of ICANN-approved dispute-resolution service providers.
III. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. Obligations of the Contractor:
3.1.1. To provide a web interface for Subscriber registration, process the data entered by the Subscriber, create a unique account based on the data entered, and provide the necessary parameters for accessing the Services in the Services Control Panel.
3.1.2. To provide the Services in accordance with the subscription fee paid pursuant to Section 4 of this Agreement.
3.2. Obligations of the Subscriber:
3.2.1. To provide complete and accurate information about itself, as well as its contact details, to the extent necessary for the provision of the Services.
3.2.2. To independently set and change all passwords and other data providing access to the Services, including those provided by the Contractor, and to bear full responsibility for keeping them confidential.
3.2.3. To maintain the accuracy, currency, and reliability of its Personal Data and to inform the Contractor of any change to the Subscriber’s Personal Data within 72 hours after such data changes.
3.2.4. At the Contractor’s request, to provide copies of a passport or other identity documents, including copies certified by the Subscriber’s electronic digital signature, or to verify its identity using the BankID system or another service or tool.
3.2.5. To respond to an Administrative Communication or message from the Contractor within 24 hours after such communication or message is sent to the Subscriber.
3.2.6. To comply with and ensure compliance with all requirements set forth in the Terms of Service.
3.2.7. To respond to incoming communications (notices) concerning violations of the law or infringements of the rights or other legitimate interests of third parties and, where grounds exist, to remedy the relevant violations independently. The Subscriber shall be liable to such third parties and to the Contractor for violations of legal requirements, intellectual property rights, or other rights and legitimate interests of third parties or the Contractor.
3.2.8. The Subscriber shall independently ensure the backup and preservation of all data stored or processed using the Services, including files, databases, email, settings, and other information. This obligation applies regardless of whether the Contractor backs up data within the relevant Service or for its own technical or operational purposes. Backups created by the Contractor are an auxiliary measure and do not replace the Subscriber’s backups unless otherwise expressly provided by the applicable plan or a separate agreement. The Subscriber shall create backups at intervals sufficient for its own needs, store them on resources independent of the Contractor’s infrastructure, and regularly verify their integrity and restorability.
3.3. Rights of the Contractor:
3.3.1. To temporarily restrict or suspend the provision of some or all Services to the Subscriber and require written explanations from the Subscriber in the following cases:
3.3.1.1. The Subscriber provides false or inaccurate contact information or fails to provide such information at the Contractor’s request.
3.3.1.2. The Subscriber fails to respond to the Contractor’s request for verification of the Subscriber within 24 hours after the request is sent to the Subscriber’s email address or a message is sent via SMS, Telegram, Discord, or Viber.
3.3.1.3. The Subscriber fails to respond to an Administrative Communication from the Contractor within 24 hours after such communication is sent to the Subscriber.
3.3.1.4. Actions are taken or omissions permitted that are intended to restrict or obstruct other users’ access to the Services provided by the Contractor, or attempts are made to gain unauthorized access to the Contractor’s resources or to other systems accessible via the Internet.
3.3.1.5. Failure to comply with the requirements set forth in the Terms of Service, or the posting of materials prohibited by those Terms.
3.3.1.6. Failure to pay for a Service within the prescribed period.
3.3.2. Temporary suspension of the Services by the Contractor means that the Contractor has the right to temporarily block access to the Subscriber’s Services Control Panel and/or partially or completely block the Services provided.
3.3.3. The Contractor has the right to terminate its contractual relationship with the Subscriber unilaterally, while simultaneously sending written electronic notice, if the Subscriber breaches its obligations under this Agreement. The date on which the relevant notice is sent to the Subscriber shall be deemed the date of termination of the Agreement and discontinuation of service.
3.3.4. If the Subscriber’s resource requirements exceed the scope provided for by the ordered Services, or if the Subscriber violates the Terms of Service, the Contractor has the right to limit the resources to the paid level or offer the Subscriber a different service plan. If the Subscriber refuses to switch plans, the Contractor has the right to discontinue the Services. In this event, the unused portion of the funds paid shall be refunded, calculated with due account for the cost of the Services actually provided.
3.3.5. Upon receipt of a decision issued following consideration of a dispute under the Uniform Domain-Name Dispute-Resolution Policy (UDRP) or the .UA Domain Name Dispute Resolution Policy (UA-DRP), the Contractor has the right, in execution of such decision, to transfer the domain name to another person, make the corresponding changes to the registration data, and discontinue the Services associated with that domain name without refunding or otherwise reimbursing their cost. These actions shall be taken subject to the applicable ICANN rules and the Registrant Rights and Responsibilities document.
3.4. Rights of the Subscriber:
3.4.1. To require the Contractor to provide the Services in accordance with the terms of this Agreement.
3.4.2. To receive information from the Contractor about the Services and additional paid features.
3.4.3. To submit complaints and proposals to the Contractor concerning improvement of the quality of the Services.
3.4.4. To transfer a domain name registered with the Contractor.
IV. COST OF SERVICES AND PAYMENT PROCEDURE
4.1. Payment for the Services shall be made on the basis of 100 percent prepayment in accordance with the rates in effect at the time of payment.
4.2. When making a bank transfer, the Subscriber shall indicate in the payment document the invoice number identifying the Services being paid for.
4.3. The Contractor has the right to change the prices of the Services unilaterally. New prices shall apply from the moment they are published on the Contractor’s website to all new orders and subsequent renewal periods for the Services. A price change does not affect the cost of Services paid for before the new prices take effect and does not constitute grounds for recalculating payments already made.
4.4. The Services shall be deemed paid for after the Contractor receives the funds or receives confirmation from the payment system that the payment was successfully completed, and after the payment is identified by the Contractor’s automated system and the relevant amount is credited to the Subscriber’s account or applied toward payment for a specific order.
4.5. Domain name registration Services shall be provided after receipt of payment and shall be deemed provided after the Contractor sends the Subscriber notice of successful activation of the Services and the information is updated in the WHOIS service.
4.6. The Contractor has the right to refuse to provide Services to the Subscriber or restrict the Subscriber’s access to certain payment methods in the event of communications from the payment system (complaints, demands, or claims).
V. SPECIAL TERMS AND LIABILITY OF THE PARTIES
5.1. The Contractor does not guarantee that the Services will be absolutely uninterrupted or error-free and does not guarantee that the software offered or any other materials will be free of system errors. The Contractor shall make every reasonable effort and take the necessary measures to prevent this.
5.2. The Contractor shall not be liable for any direct or indirect damage caused to the Subscriber as a result of the use of or inability to use the Services, or for losses incurred as a result of errors, failures, unavailability of the Services, DDoS and other attacks on the Subscriber’s or Contractor’s server or network, deletion of files, defects, delays in operation or data transmission, changes in functionality, or for other reasons. The Contractor does not guarantee delivery of the Subscriber’s mail from remote networks whose addresses are included in lists from which the Contractor’s mail delivery software does not accept mail.
5.3. The Contractor’s liability to the Subscriber is limited and may not exceed the cost of the Services actually consumed by that Subscriber during the preceding six months.
5.4. The Subscriber assumes full responsibility for the risks associated with the use of the Services provided. In particular, the Subscriber undertakes to compensate the Contractor in full for all losses caused to the Contractor as a result of the Subscriber’s breach of this Agreement and the Terms of Service, and to reimburse other expenses incurred by the Contractor as a result of such breaches (including the cost of legal assistance if a court establishes that the Subscriber violated applicable law or the rights or legitimate interests of third parties).
5.5. The Subscriber shall be fully liable to third parties for damage caused by the Subscriber’s unlawful use of the Services where the Subscriber infringes the rights of such third parties.
5.6. The Subscriber is fully responsible for keeping its password secure and for any losses that may arise from its unauthorized use by third parties.
5.7. The Contractor shall consider the Subscriber’s lawful requests concerning the Services provided to it only if sent from the Subscriber’s contact email address or from the administrative area of the Services Control Panel following successful authentication.
5.8. The Registrar and the Registry Operator shall bear no liability for the consequences of the use, non-use, or unlawful use of domain names registered with their assistance, or for the content of any materials on websites published under such domain names or hosted on the Registrar’s servers. The Registrar and the Registry Operator may not be named as defendants in litigation concerning domain names.
5.9. The Contractor performs exclusively technical functions and acquires no rights to the relevant domain names or websites, nor shall it be liable for the Subscriber’s posting or failure to post any materials on its websites or for their content.
5.10. The Subscriber is responsible for resolving any disputes related to the provision of Services to it and undertakes to defend the Contractor against any complaints, claims, and lawsuits by third parties arising in connection with the provision of Services to it. The Subscriber undertakes to reimburse the Contractor for all expenses incurred by it (including court costs) in connection with the consideration of any disputes, claims, complaints, or lawsuits by third parties related to the provision of Services to the Subscriber, and to compensate the Contractor for any losses sustained.
5.11. The Subscriber consents to receiving communications regarding the provision of the Services by email and through short-message services (SMS, Viber, Telegram, and others).
5.12. The Parties agree that the proper means of expressing their intent when entering into this Agreement are:
the Subscriber checking the box indicating acceptance of the Agreement on the Contractor’s website;
the Parties signing this Agreement electronically by affixing qualified electronic signatures (QES).
The foregoing methods of entering into this Agreement shall have the same legal force as the handwritten signatures of the Parties’ authorized representatives on a written document.
5.13. The Parties agree that invoices, certificates of completed work, and amendments and supplements to this Agreement may be signed:
by the Subscriber checking the box indicating its consent on the Contractor’s website;
using qualified electronic signatures (QES);
by identifying the Parties’ expression of intent using other lawful technical (electronic) means implemented by the Contractor.
VI. PROCEDURE FOR CONSIDERING CLAIMS AND DISPUTES
6.1. The Subscriber’s claims concerning the Services shall be accepted by the Contractor for consideration only in writing and within three calendar days from the date on which the disputed situation arose. The period for considering the Subscriber’s claims shall not exceed 14 (fourteen) business days from the date of submission.
6.2. The Contractor shall not consider third-party claims concerning Services provided to a particular Subscriber, except in cases expressly provided by law. The Contractor reserves the right to forward to the Subscriber substantiated demands and communications from rights holders and other persons who believe their rights have been violated.
6.3. Under current legislation, the Contractor is not an entity authorized to adjudicate disputes concerning rights. In particular, the Contractor is not authorized to confirm or refute:
the truth or falsity of information posted by Subscribers on websites;
whether third parties hold rights to particular intellectual property, whether Subscribers have infringed third-party rights to trademarks, marks for goods and services, any other intellectual property, or domain names.
VII. FORCE MAJEURE
7.1. Neither Party shall be liable for failure to perform or improper performance of this Agreement if caused by circumstances of insuperable force (force majeure) of which the Parties could not have known in advance and/or by other unforeseeable circumstances that prevent performance of contractual obligations and occur independently of the will and wishes of the Parties.
Circumstances of insuperable force include, but are not limited to: fire, flood, earthquake, tsunami, tornado, hurricane, typhoon, landslides, mudflows, avalanches, volcanic eruptions, and other natural disasters; wars, revolutions, coups d’état, strikes, acts of sabotage and terrorism, robberies, failures in power supply and communications systems, changes in legislation, and actions of public authorities and their officials, provided that such circumstances directly affect the performance of this Agreement and their occurrence is certified (confirmed) by a body authorized by law to certify force majeure circumstances. Unforeseeable circumstances preventing the performance of contractual obligations include, in particular: seizure of the Contractor’s servers pursuant to a relevant court decision, an accident, unlawful actions of third parties, an explosion, and the like.
7.2. A Party that becomes aware of the occurrence of such circumstances shall notify the other Party no later than fifteen calendar days after such circumstances arise.
7.3. In the event of force majeure circumstances, the period for performance of obligations under this Agreement shall be extended for the duration of such circumstances and their consequences.
VIII. EFFECTIVE DATE AND PRICE OF THE AGREEMENT, TERM OF THE AGREEMENT, AND PROCEDURE FOR ITS AMENDMENT AND TERMINATION
8.1. The Subscriber has the right to discontinue the Contractor’s Services unilaterally at any time. In this case, no funds, including prepayments for Services, shall be refunded.
8.2. The Contractor has the right to refuse to serve the Subscriber unilaterally at any time without giving reasons. In this event, the unused portion of the funds shall be refunded in proportion to the Services actually provided. No refund shall be made for domain name registration (delegation) Services.
8.3. The Contractor has the right to terminate the Agreement with the Subscriber unilaterally if the Subscriber violates this Agreement or the Terms of Service.
8.4. Registration of a domain name may be suspended, canceled, or transferred to another person in accordance with any specification, regulation, or policy with which the Registrar must comply, or in accordance with any Registrar or Registry procedures where necessary to correct an error by the Registrar or Registry Operator in the domain name or to resolve disputes related to the registered domain name.
8.5. No refund shall be made for a domain (domains) registered under this Agreement. The service of registering (renewing the registration of) a domain name for the Subscriber shall be deemed actually provided at the time the domain name is registered (its registration is renewed).
8.6. If the quality of the Services does not conform to the terms of this Agreement, the Subscriber has the right to request a refund within 30 days after payment for them.
8.7. The Agreement shall enter into force upon its execution and shall remain in effect for one year.
8.8. The price of the Agreement shall consist of the sum of all payments received by the Contractor from the Subscriber for Services provided during the preceding year.
8.9. The Contractor has the right to unilaterally revise individual terms of the Agreement or the technical specifications of the Services provided to Subscribers. If the Contractor amends the Agreement, the Contractor undertakes to notify the Subscriber by sending the relevant notice by email or by any other means accepted by the Parties and simultaneously publish the amendments on its website.
8.10. In any event, regardless of whether the Subscriber reviews the amendments to the Agreement using the invitation link sent to its contact email address or by any other means accepted by the Parties, such amendments shall take effect 30 calendar days after they are published on the Contractor’s website.
8.11. If the Subscriber agrees to the amendments, this Agreement shall continue in effect subject to such amendments.
8.12. If the Subscriber does not agree to the published amendments to the Agreement, it undertakes to notify the Contractor of its disagreement by sending an official letter with acknowledgment of receipt or an electronic letter certified by its electronic digital signature. The Agreement shall terminate on the date the Contractor receives such notice.
IX. APPENDICES TO THE AGREEMENT
9.1. The Appendices form an integral part of this Agreement.
9.2. Appendix No. 1 — Terms of Service.
9.3. Appendix No. 2 — Privacy Policy.