Acordo de Termos de Serviço

PUBLIC OFFER AGREEMENT for the Provision of Prepaid Hosting Services

Host for NET (hereinafter referred to as the “Provider”), represented by Oleksandr Nesterenko, publishes this hosting services agreement, which constitutes a public offer agreement in accordance with the laws of the European Union (hereinafter “EU”), the United States of America (hereinafter “USA”), and the Commonwealth of Independent States (hereinafter “CIS”), addressed to any individual or legal entity, hereinafter referred to as the “Subscriber”.

Acceptance — the full and unconditional acceptance of the terms of this offer — shall be deemed to occur upon the Subscriber’s registration in the Provider’s Automated Billing System (ABS) (https://bill.host-for.net/ and/or https://billing.host-for.net/).

1. SUBJECT OF THE OFFER AGREEMENT

1.1. The Provider undertakes to provide the Subscriber with hosting services on the global Internet (hereinafter the “Services”) in accordance with the applicable Regulations (see Appendix No. 1) and the amounts of fees specified in the billing system (https://bill.host-for.net/ and/or https://billing.host-for.net/), and the Subscriber, in turn, undertakes to accept these Services and make a voluntary payment for the Services.

1.2. All Appendices specified herein constitute integral parts of this Agreement.

2. OBLIGATIONS OF THE PARTIES

2.1. The Provider undertakes to:

2.1.1. Provide the Subscriber with the Services specified in the Offer Agreement (hereinafter the “Agreement”) 24 hours a day, every day without interruption, in accordance with the applicable Price List and Regulations, except for necessary preventive and repair works, as well as circumstances/factors provided for in Chapter 6 of this Agreement.

2.1.2. Provide consultations on matters arising in connection with the Subscriber’s use of the Services.

2.1.3. Provide the Subscriber with a login (ClientID) and password for access to the Automated Billing System (hereinafter the “ABS”).

2.1.4. Keep records of the Subscriber’s consumption and payments for the Services using its accounting systems.

2.1.5. Maintain the Subscriber’s Personal Account and promptly record all incoming and outgoing funds related to payment for the Services.

2.1.6. Promptly notify the Subscriber of changes to the Price List and Regulations for the provision of Services by publishing the relevant information on the Provider’s website (https://host-for.net) or notifying the Subscriber by email. If the Subscriber disagrees with the new version of the documents, the Subscriber may terminate the Agreement in accordance with Clause 11.4.

2.1.7. Maintain confidentiality of the Subscriber’s information received during registration in the ABS, as well as the contents of private email messages, except where otherwise provided by the applicable laws of the EU, USA, CIS and this Agreement.

2.2. The Subscriber undertakes to:

2.2.1. Carefully review the Provider’s Regulations and Price List before entering into the Agreement. By accepting this Offer, the Subscriber confirms that the Subscriber has reviewed and agrees with the Regulations and Price List and understands all terms contained therein.

2.2.2. Comply with all requirements set forth in the Regulations throughout the entire term of this Agreement.

2.2.3. Register in the Provider’s Automated Billing System (ABS), providing personal information corresponding to the Subscriber’s identity documents as a citizen or stateless person, together with valid contact details (email address and telephone number).

2.2.4. Accept the Services provided by the Provider.

2.2.5. Monitor the status of and promptly replenish the Personal Account (the “Account”), which contains information on consumed Services and payments, and make timely advance payments for the Services in accordance with the Price List.

2.2.6. Read and take note of information concerning amendments to the Appendices to the Agreement, as well as other technological and organizational changes, published on the company website and distributed by the Provider by email.

3. SERVICE FEES AND PAYMENT PROCEDURE

3.1. The amount of fees for the Services under the Agreement is determined by the current list published on the Provider’s website (https://bill.host-for.net/billmgr). Fees denominated in currencies other than Russian rubles are converted at the commercial exchange rates of electronic currencies, and the actual fee amount is indicated in the billing system bill.host-for.net.

3.2. Fees for all Services provided to the Subscriber shall be paid in Russian rubles in advance through the available payment systems (PayPal, WebMoney, YooMoney, Cryptomus) to the Provider’s account. Invoices are not issued. The minimum payment amount and list of Services are established by the Price List. The minimum service period subject to advance payment is 1 (one) month.

3.3. The Provider records information about consumed Services in accordance with the applicable Price List based on calculations made by its own Automated Billing System (ABS), as well as payments made by the Subscriber to the Personal Account. The Provider shall provide the Subscriber with access to Account information.

3.4. Upon full exhaustion of the funds deposited to the Account, the Provider shall have the right to suspend or terminate provision of the Services to the Subscriber. Resumption of the Services shall be carried out in accordance with the Service Provision Terms (see Appendix No. 1).

3.5. The Subscriber is responsible for the correctness of payments made by the Subscriber.

3.6. Payments shall be made with a mandatory reference to the Subscriber’s account number in accordance with the instructions in the ABS.

3.7. A payment for the Services shall be deemed confirmed upon receipt of information from the payment systems confirming the payment.

3.8. For automated payment purposes, the Subscriber may use the automatic payment function (the “Auto Payment”). Auto Payment is configured using the Provider’s Automated Billing System and the payment systems through which automatic payments are made. By configuring Auto Payment, the Subscriber agrees that all automatically made payments are made with the Subscriber’s knowledge and instruction.

3.9. For each incident determined by the Provider to constitute a violation of the rules and regulations governing use of the Services set forth in this Agreement, its Appendices and Supplements, the Subscriber shall be charged a penalty to compensate for losses in the amount of RUB 10,000, and RUB 50,000 for spam distribution. The penalty shall be payable in all cases, including where the Subscriber was unaware that such actions were prohibited, the actions resulting in the violation were carried out by third parties without the Subscriber’s knowledge, or the Subscriber took all measures to prevent such violations in the future.

4. TERMINATION OF ACCESS TO THE SERVICE

4.1. The Provider may terminate provision of the Services to the Subscriber or unilaterally terminate the contractual relationship with the Subscriber, with simultaneous written or electronic notice, with respect to any Service or any additional Service within the main Service, if the Subscriber is involved in activities violating the rules and regulations governing use of the Service set forth in this Agreement, its Appendices and Supplements.

4.2. In the event of repeated or serious violations by the Subscriber of the Regulations for the provision of Services, the Provider shall have the right to terminate the Services without prior notice.

4.3. In the event of early termination of the Services in accordance with this Agreement, the funds shall be refunded less amounts charged for Services used by the Subscriber from the date of conclusion of the Agreement, as well as payment processing fees.

4.4. If the Services, any part thereof, or any additional Service within the main Service are terminated pursuant to Clauses 4.1 or 4.2 of this Agreement, the Subscriber’s payment shall not be refunded or compensated.

4.5. Upon termination of the Services, the Provider shall not be liable for notifying or failing to notify any third parties of the Subscriber’s loss of access, nor for any consequences resulting from such notification or failure to notify.

4.6. If the Subscriber fails to make a timely payment for the Services under this Agreement, the Provider shall automatically suspend the Services for a period not exceeding 5 days with immediate notification to the Subscriber through one of the communication channels. Within 10 days after the Personal Account balance reaches zero, the Subscriber’s Personal Account shall be retained. After this period, all Subscriber information shall be deleted.

5. LIMITATION OF LIABILITY

5.1. Subject to compliance with the applicable Regulations, the Provider does not guarantee absolute uninterrupted or error-free operation of the Services and does not guarantee that third-party software or any other materials used to provide the Services are completely protected against computer viruses or other malicious components. The Provider undertakes to take all reasonable measures to protect the Subscriber’s information.

5.2. The Provider shall not be liable for lost profits or any indirect losses incurred by the Subscriber during the period of use or non-use of the Services/Works of the Provider, whether in whole or in part. The Provider shall be liable for damage caused to the Subscriber as a result of the use or non-use of the Services/Works of the Provider, whether in whole or in part, only if the Provider’s fault is proven, in an amount proportionate to the Subscriber’s payment for the downtime period, less payment-system fees incurred in receiving or refunding funds.

5.3. The Provider shall not be liable for the quality of public communication channels through which access to the Services is provided.

5.4. The Subscriber assumes full responsibility and all risks associated with the use of the Internet through the Provider’s resources and/or Services.

5.5. The Provider shall not be liable for notifying any third parties of the Subscriber’s loss of access or for any consequences arising from failure to provide such notification.

5.6. The Subscriber agrees to release the Provider from liability in connection with claims brought by third parties who have entered into agreements with the Subscriber for Services that are partially or fully provided by the Subscriber using the Provider’s Services.

5.7. Under no circumstances shall the Provider be liable to the Subscriber for indirect losses. “Indirect losses” include, but are not limited to, loss of income, profit, anticipated savings, business activity or reputation.

5.8. If any provision of this Agreement proves impossible to enforce literally, it shall be interpreted in accordance with applicable law, taking into account the original intentions of the Parties, while the remaining provisions shall remain fully effective. Failure by the Provider to enforce any provision of this Agreement shall not constitute a waiver of that provision. The established practice of the Parties or the practice of providing similar Services shall not constitute grounds for changing the provisions of this Agreement.

5.9. In the event of unresolved claims between the Parties, each Party may protect its violated rights in accordance with the laws of the EU, USA and CIS countries.

6. FORCE MAJEURE

6.1. The Parties shall be released from liability for partial or complete non-performance of their obligations under this Agreement caused by force majeure circumstances arising after its conclusion. Such circumstances include, in particular: accidents resulting in disruption of the integrity of the Provider’s network; power outages affecting active network equipment; natural disasters; natural and industrial catastrophes; terrorist acts; military actions; civil unrest; adoption by governmental or local authorities of acts containing prohibitions or restrictions concerning the activities of the Parties under this Agreement; and other circumstances that could not reasonably have been foreseen or prevented and make performance of the Parties’ obligations under the Agreement impossible.

6.2. If force majeure circumstances prevent performance of obligations under this Agreement, the period for performance by the Parties shall be extended proportionally to the period during which such circumstances remain in effect, as well as the time required to eliminate their consequences, but not exceeding 60 (sixty) calendar days. If force majeure circumstances continue for more than the specified period, or if upon their occurrence it becomes apparent to both Parties that they will continue for more than that period, the Parties shall discuss alternative methods of performance of the Agreement or its termination without compensation for losses. In such event, the Provider shall refund the Customer’s unused funds under the Agreement.

7. CONFIDENTIAL INFORMATION

7.1. Without mutual consent, the Parties shall not disclose to third parties commercial or organizational and technological information constituting a secret for either Party (“Confidential Information”) where:

7.1.1. Such information is not lawfully publicly accessible;

7.1.2. Such information has actual or potential value because it is unknown to third parties.

7.2. The Party obtaining such information under the Agreement shall take appropriate measures to maintain its confidentiality.

7.3. Confidential Information shall be protected throughout the term of the Agreement.

7.4. If the Subscriber is an individual, pursuant to Article 6 of Federal Law No. 152-FZ “On Personal Data” dated July 27, 2006, for the period of conclusion of this Agreement, the Subscriber consents to the Provider processing the Subscriber’s personal data, namely: full name, passport details, registered/residential address, telephone/fax number, and email address.

7.5. The Provider shall be entitled to process the specified personal data for purposes of ensuring performance of this Agreement, including providing information and reference services to the Subscriber. Processing of personal data means actions involving personal data, including collection, storage, systematization, accumulation, clarification, use, depersonalization, blocking and destruction.

7.6. By accepting the terms of this Agreement, the Subscriber consents to the Provider storing and processing the Subscriber’s personal data for purposes of performing the Agreement.

7.7. The Subscriber consents to the transfer of the Subscriber’s personal data to third parties within the framework of performance of this Agreement, to the extent provided for by applicable EU, USA and CIS laws concerning communications services.

8. CLAIMS AND DISPUTE RESOLUTION PROCEDURE

8.1. Claims by the Subscriber concerning the Services provided shall be accepted and considered by the Provider only in writing and in accordance with applicable EU, USA and CIS legislation.

8.2. If the Parties fail to reach agreement through negotiations, a dispute arising from this Agreement shall be considered by the Arbitration Court (if the Subscriber is a legal entity), or by a court of general jurisdiction at the Provider’s place of residence/location (if the Subscriber is an individual).

8.3. For resolving technical issues concerning determination of the Subscriber’s fault resulting from unlawful actions when using the Internet, the Provider may independently engage competent organizations as experts. If the Subscriber’s fault is established, the Subscriber shall reimburse the costs of the expert examination.

9. OTHER TERMS

9.1. The Parties hereby agree that actions of the Subscriber (or the Subscriber’s authorized representative) performed in the ABS shall accordingly change the rights and obligations of the Parties and the terms established by this Agreement. Until the Subscriber provides information about a change of the authorized representative entitled to act in the ABS, such person shall be deemed the proper representative of the Subscriber. Information from the ABS in written form, certified by the Provider, shall constitute proper evidence of amendments to the terms of the Agreement.

9.2. The Provider may disclose information about the Subscriber only in accordance with the laws of the EU, CIS countries, USA and this Agreement.

9.3. If claims are made concerning the informational content of the Subscriber’s resource, the Subscriber consents to disclosure by the Provider of the Subscriber’s personal data to the third party for purposes of resolving the dispute directly between the Subscriber and the third party.

9.4. The Provider may unilaterally amend the terms of this Agreement. Amendments shall enter into force on the date they are published on the Provider’s website. In such case, the Subscriber shall have the right to terminate this Agreement. If the Subscriber does not provide written notice within 10 (ten) days, the amendments shall be deemed accepted by the Subscriber.

9.5. This Agreement is a public agreement under the laws of the EU, USA and CIS; the terms of the public agreement shall be the same for all Subscribers, except where laws or other legal acts permit benefits to be provided to certain categories of Subscribers.

10. CONCLUSION OF THE AGREEMENT. TERM. AMENDMENT AND TERMINATION PROCEDURE

10.1. The Agreement shall enter into force upon the Subscriber’s acceptance of its terms (acceptance of the offer) in the manner established by this Agreement and shall remain in force until the end of the calendar year.

10.2. The term of the Agreement shall automatically be extended for the following year unless either Party declares its intention to terminate the Services at least 30 (thirty) days before the end of the calendar year. The Provider may send such notice electronically to the Subscriber’s email address specified in the ABS.

10.3. Automatic extension of the Agreement shall continue indefinitely.

10.4. This Agreement shall apply to the relationship between the Parties from the moment of the Subscriber’s registration in the ABS.

11. AMENDMENT AND TERMINATION PROCEDURE

11.1. The Agreement may be amended by agreement of the Parties.

11.2. The Provider may periodically amend this Agreement, its Appendices and Supplements, applicable tariffs, and introduce new Appendices and Supplements by publishing notice of such amendments on the Provider’s official website at least 5 days before they enter into force. Continued use of the Services after notification shall constitute acceptance of the amendments and supplements.

11.3. The Agreement may be terminated at any time by mutual agreement of the Parties.

11.4. The Subscriber may at any time unilaterally refuse the Provider’s Services, including in the event of disagreement with a new version of the Agreement, provided that the Subscriber reimburses the Provider for actual expenses incurred up to the time of termination.

11.5. In the event of early termination of the Services at the Subscriber’s request, unused funds shall be refunded, except in cases provided for by this Agreement and its Appendices. Refunds shall be made only by non-cash transfer. Funds shall be returned using the same payment system through which the payment was made. If this is impossible, or if such method is deemed unsuitable by either Party, the method of refund shall be determined by agreement of the Parties. Refunds shall not be transferred to a third party at the Subscriber’s request.

11.6. If the Agreement is terminated due to violations by the Subscriber of the Regulations, the Provider shall not refund funds paid by the Subscriber for the Services under this Agreement.

11.7. A request for a refund of unused funds shall be submitted in accordance with the request form in the ABS. The application must be accompanied by a copy of the applicant’s passport (if the applicant is an individual) or a document confirming the authority of the applicant (if the applicant is a legal entity).

11.8. The entire amount of unused funds shall be refundable, except for funds related to operational costs of processing the refund.

11.9. The maximum refund period after the Client submits all required documents is 10 business days.

11.10. Upon expiration of one year (365 days) from termination of this Agreement, or if the Subscriber has not used the Services specified in Clause 1.1 for one year, funds remaining in the Subscriber’s Personal Account that have not been requested for refund in accordance with the established procedure shall remain with the Provider and shall not be refundable.

11.11. For all matters not regulated by this Agreement, the Parties shall be governed by the applicable laws of the EU, USA and CIS countries.

12. PARTIES’ DETAILS

**Provider**

Wounder st, Lt.11

3040 Limassol

Cyprus

APPENDIX No. 1

REGULATIONS FOR THE PROVISION OF SERVICES BY THE PROVIDER

1. GENERAL PROVISIONS

1. These Regulations establish uniform rules and requirements that the Subscriber must comply with when using the Provider’s Services.

2. All Services are provided by the Provider only where technically feasible. The Subscriber uses the Provider’s Services, as well as any materials obtained using the Provider’s Services, at the Subscriber’s own risk. The Provider shall not be liable for any damage that may be caused to the Subscriber’s computer and/or any other equipment and/or data as a result of downloading such materials.

3. The Provider shall not be liable for direct or indirect damage caused to the Subscriber as a result of the use or inability to use the Services, or incurred as a result of errors, omissions, interruptions, deletion of files, defects, delays in operation or data transmission, changes to functions or other causes.

4. The Provider shall not be liable for any delays, failures, incorrect or untimely delivery, deletion or loss of any Subscriber information.

5. The Provider shall not be liable for claims by the Subscriber concerning the quality of the Internet connection related to the operation of other Providers’ networks, traffic exchange policies between Providers, the operation of the Subscriber’s equipment and software, or other circumstances beyond the Provider’s competence, influence or control.

6. The Provider shall not be liable for the quality of public communication channels and data transmission networks, including the Internet, through which access to the Services is provided.

7. While maintaining the established quality of the Services, the Provider does not guarantee their absolute uninterrupted or error-free operation and does not guarantee that third-party software or other materials used to provide the Services are completely protected against computer viruses and other malicious components. The Provider undertakes to take all reasonable measures to protect the Subscriber’s information.

8. The Provider’s services may contain links to other resources. The Provider shall not be liable for the availability of such resources or for information, data, text, programs, music, sounds, photographs, graphics, video, messages or other materials (“Content”) placed on such resources, nor for any consequences related to the use of such Content.

9. The Subscriber undertakes not to reproduce, repeat or copy any part of the Provider’s services, except where written permission has been granted.

10. The Subscriber assumes full responsibility and all risks associated with use of the Internet through the Services, including responsibility for assessing the accuracy, completeness and usefulness of opinions, ideas and other information, as well as the properties of goods and services distributed on the Internet by the Subscriber through the Services.

11. The Provider shall not be liable under any agreements between the Subscriber and third parties.

12. The Provider shall not be liable for infringement of third-party rights resulting from actions of the Subscriber performed using the Services provided by the Provider.

13. If the Subscriber provides third parties with access to the Subscriber’s resources and services, the Subscriber shall bear sole responsibility for the activities of such third parties.

14. If claims are made concerning the informational content of the Subscriber’s resource, the Subscriber consents to disclosure by the Provider of the Subscriber’s personal data to the third party for purposes of resolving the dispute directly between the Provider and the third party.

15. When providing Virtual Dedicated Server services, the Provider allows the Subscriber to choose the server virtualization technology: OpenVZ or KVM. The virtualization technologies differ in their capabilities; therefore, when choosing a virtualization technology, the Subscriber must comply with the rules set forth below.

16. Servers using OpenVZ virtualization are intended for hosting traditional services such as website hosting, mail servers, DNS support, FTP servers and MySQL database servers.

16.1. The following may not be hosted on OpenVZ virtualization servers:

1. a) services for proxying any type of traffic;
2. b) streaming services;
3. c) game servers;
4. d) systems or elements of distributed computing systems (e.g. Bitcoin mining);
5. e) mass mailing services, even if used for lawful purposes;
6. f) Java applications;
7. g) other resource-intensive applications (resource intensity shall be determined by Provider employees).

17. KVM virtualization servers may be used, in addition to traditional hosting services, to run various programs and applications, including services restricted on OpenVZ virtualization.

17.1. Private proxy servers may be hosted on KVM virtualization servers. Placement of proxy servers is permitted only after individual approval by the Provider’s sales department.

17.2. KVM virtualization servers may not be used to host systems or elements of distributed computing systems (e.g. Bitcoin mining).

1. PROHIBITION OF STORAGE, HOSTING AND DISTRIBUTION OF ILLEGAL INFORMATION

1. The Provider does not control the content of information (“Content”) stored, published or distributed (transmitted) by the Subscriber using the Services and shall not be liable for the accuracy, quality or content of such information.

2. The Subscriber is fully responsible for all Content made publicly available, uploaded, transmitted privately or otherwise made accessible using the Provider’s Services.

3. The Provider shall not be liable for the content of information resources created and maintained by the Subscriber or the Subscriber’s users and does not perform preliminary censorship. In the event of a violation of applicable law, the Services may be suspended without prior notice. Where necessary, the Provider shall have the right to monitor the content of the Subscriber’s information resources or those of the Subscriber’s users.

4. The Provider shall have the right, immediately, with or without prior notice, to suspend the Services to the Subscriber and disconnect the Subscriber’s software and/or hardware and/or delete the Subscriber’s resource (website, web page) and/or registration (login and password) and/or other Subscriber information in the following cases:

4.1. The Subscriber takes actions intended to send, publish, transmit, reproduce, upload, host, distribute in any manner, or otherwise use, in whole or in part, software and/or other materials obtained through the Services that are protected by copyright, related rights or other rights without the copyright holder’s permission, as well as Content that is illegal, harmful, threatening, defamatory, immoral, promotes hatred and/or discrimination against people on racial, ethnic, gender, religious or social grounds, contains insults against specific individuals or organizations, infringes patents, trademarks, trade secrets, copyright or other property rights and/or related rights of third parties;

4.2. The Subscriber places links to network resources whose content violates applicable law;

4.3. The Subscriber installs software intended for operation with file-sharing networks (such as eDonkey, BitTorrent, etc.) or places links to any materials wholly or partly protected by copyright, related rights or other rights without permission of the rights holder, or materials prohibited by applicable law;

4.4. The Subscriber distributes and/or publishes information that violates applicable law, licensing requirements governing mass communications, communications and cultural heritage protection, international law, or infringes third-party rights, including violations of minors’ rights and/or harm to minors in any form, or infringement of minority rights;

4.5. The Subscriber hosts and/or promotes pornography or child erotica, or advertises intimate services;

4.6. The Subscriber hosts and/or transmits unlawful information, including materials promoting interethnic hatred, inciting violence against any person or group of persons, promoting inhumane treatment of animals, calling for unlawful activity, including instructions concerning the use of explosives or other weapons, etc.;

4.7. The Subscriber takes actions intended to send, publish, transmit or distribute in any manner information about third parties that is untrue or otherwise affects the honor and dignity of individuals or the business reputation of legal entities;

4.8. The Subscriber takes actions intended to publish, distribute, use, collect or store identifying personal data (names, addresses, telephone numbers, etc.) of third parties, except where such persons have expressly authorized the Subscriber to use such data;

4.9. The Subscriber publishes or distributes information or software containing code whose operation corresponds to computer viruses, hacking programs, Trojan horses, spyware or other equivalent components.

III. PROHIBITION OF UNAUTHORIZED ACCESS AND NETWORK ATTACKS

1. The Provider shall have the right, immediately, with or without prior notice, to suspend the Services to the Subscriber and/or disconnect the Subscriber’s software and/or hardware and/or delete the Subscriber’s resource (website, web page) and/or registration (login and password) and/or other Subscriber information in the following cases:

1.1. If, in the Provider’s opinion, the Subscriber’s use of the Services may cause damage to the Provider and/or cause failures in the technical or software systems of the Provider or third parties;

1.2. The Subscriber takes actions intended to send, publish, transmit or distribute in any manner information or software containing viruses or other harmful components, computer code, files or programs intended to disrupt, destroy or restrict the functionality of computer or telecommunications equipment or software, to obtain unauthorized access, or serial numbers for commercial software products and programs for generating them, logins, passwords and other means of obtaining unauthorized access to paid Internet resources, as well as links to such information;

1.3. The Subscriber takes actions intended to disrupt the normal functioning of Internet network elements, computers, other equipment or software not belonging to the Subscriber;

1.4. The Subscriber violates normal network communication procedures, including the use of settings that make real-time information exchange difficult, including “screen scrolling” at a speed inconsistent with ordinary user capabilities for entering information, opening additional browser windows, etc.;

1.5. The Subscriber takes actions intended to obtain unauthorized access to a network resource (computer, other equipment or information resource), subsequently uses such access, or destroys or modifies software or data not belonging to the Subscriber without agreement with the owner of such software or data or the administrator of the information resource. “Unauthorized access” means any access by a method other than that intended by the owner of the resource;

1.6. The Subscriber transmits to computers or equipment of third parties meaningless or useless information creating excessive (“parasitic”) load on such computers, equipment or software, or intermediate network segments, in volumes exceeding the minimum necessary to verify network connectivity and availability of individual elements;

1.7. The Subscriber scans network nodes to identify network structure, security vulnerabilities, open-port lists, etc., without the express consent of the owner of the resource being examined;

1.8. The Subscriber provides open (i.e. not requiring authorization) mail relays, open anonymous proxy servers, open conference servers, etc.

1. PROHIBITION OF FALSIFICATION

1. The Provider shall have the right, immediately, with or without prior notice, to suspend the Services, services and facilities to the Subscriber and/or disconnect the Subscriber’s software and/or hardware and/or delete the Subscriber’s resource (website, web page) and/or registration (login and password) and/or other Subscriber information in the following cases:

1.1. The Subscriber takes actions intended to impersonate another person or representative of an organization and/or community without sufficient authority, including employees of the Provider, forum moderators, website owners, or otherwise misrepresents the properties and characteristics of persons or objects;

1.2. The Subscriber falsifies an IP address or identification means used in other network protocols, as well as addresses used in other network protocols, when transmitting data to the Internet;

1.3. The Subscriber uses any form or method of unlawful representation of other persons on the Internet;

1.4. The Subscriber provides as identification data names, addresses, telephone numbers, logins, passwords, email addresses (including as a return address in email), etc. that do not belong to the user or do not exist, except where the owners of such data have authorized the Subscriber to use them.

1. PROHIBITION OF UNSOLICITED TRANSMISSION OF INFORMATION, DATA AND TEXT (SPAM)

1. The Provider shall have the right, immediately, with or without prior notice, to suspend the Services, services and facilities to the Subscriber and/or disconnect the Subscriber’s software and/or hardware and/or delete the Subscriber’s resource (website, web page) and/or registration (login and password) and/or other Subscriber information in the following cases:

1.1. The Subscriber takes actions intended to send, transmit or distribute in any manner without the recipient’s consent, publish and/or reproduce on third-party resources without their consent advertising information (in particular, messages containing a link to a network resource and implying that the recipient should visit it shall be considered advertising) and other materials for advertising purposes (spam, including search spam). The concept of “spam” shall be determined by generally accepted Internet usage rules published on the Internet and constituting a business custom. The following are prohibited: unsolicited sending of one message to multiple recipients or unsolicited multiple sending of messages to one recipient; unsolicited sending of messages exceeding one page or containing attachments;

1.2. Subscribing an email address to any periodic mailing list without prior confirmation by the address owner (forced subscription). If subscription is an indispensable condition for registration on any resource, the user must be clearly informed of this before registration. Providing an unsubscribe method in the email (for example, following an attached link or sending a deletion request) does not justify forced subscription, since it requires action from a person who did not subscribe. The usual method of address verification is two-phase confirmation: after an attempt to subscribe an email address to a mailing list, a confirmation request must be sent to that address. If the owner wishes to subscribe, the owner must perform certain actions (follow a link, reply to the email, etc.). If the owner does not wish to receive the mailing, no action may be required from that person. The confirmation request must not contain advertising, commercial or campaigning information;

1.3. Periodic mailings that do not contain a clear indication of how to unsubscribe;

1.4. Sending information to persons who have previously expressly indicated that they do not wish to receive such information;

1.5. Advertising Services whose distribution is restricted or prohibited by applicable law;

1.6. The Subscriber takes actions intended to send, transmit or distribute in any manner lists of other persons’ email addresses, pyramid schemes, multi-level marketing (MLM), Internet income systems and email businesses, or to participate in such activities. Sending unsolicited messages containing links to Provider Services, including email addresses, websites, bookmarks, etc., may be deemed participation in prohibited activities even if the messages were sent without directly using the Provider’s mail servers;

1.7. Maintaining connectivity with servers and subnets permanently used for unsolicited mailings; hosting websites, supporting email addresses or DNS servers for domains used to distribute email-address lists and/or offer organization of unsolicited mass mailings and/or advertise programs specifically intended to organize unsolicited mass mailings; and supporting websites advertised through unsolicited mailings where there are grounds to believe that the owners and/or administrators of such websites are involved in organizing such mailings.

1. PROVIDER’S INTELLECTUAL PROPERTY RIGHTS

1. The Subscriber acknowledges and agrees that all Provider Services and all necessary software related thereto, including documentation and source code, contain information protected by intellectual property laws and other Russian and international laws, and that Content provided during use of the Services is protected by copyright, trademarks, patents and other applicable laws. The Subscriber agrees not to modify, sell or distribute such Content or software, in whole or in part.

2. The Provider grants the Subscriber a personal, non-exclusive and non-transferable right to use software provided as part of the Services on one computer, provided that neither the Subscriber nor any other person acting with the Subscriber’s assistance shall copy or modify the software; create derivative works from the software; penetrate the software to obtain program codes; sell, assign, lease or otherwise transfer to third parties any rights in relation to the service software provided under the relevant agreements; or modify the Services, including for the purpose of obtaining unauthorized access.

3. In the event of infringement of intellectual property rights, liability shall arise in accordance with the applicable Regulations and legislation.

VII. CLAIMS AND DISPUTE RESOLUTION PROCEDURE

1. A pre-trial claims procedure is mandatory.

2. Claims by the Subscriber concerning the Services provided shall be accepted and considered by the Provider only in writing and in accordance with applicable communications legislation.

3. Claims by third parties concerning the content of information resources created and maintained by the Subscriber or the Subscriber’s users, or concerning actions of the Subscriber carried out using the Services provided, must be submitted in writing. Claims submitted electronically and/or sent to the Provider by email and/or fax shall not be accepted or considered.

The claim must contain:

1. a) the applicant’s name (full name for individuals; full legal name for legal entities);
2. b) location address for legal entities, or registration and/or residential address for individuals (postal code, republic, territory, region, city, locality, street, building number, unit/apartment/office), i.e. the address to which the Provider should send its response;
3. c) state registration certificate details for legal entities; identity document details (passport or substitute document) for individuals;
4. d) bank details, if any.

The claim must specify the grounds for the claim, the amount claimed for each individual demand, and a list of attached documents. The claim must be personally signed by the applicant (individual) or by an authorized representative of the legal entity. Anonymous claims shall not be accepted or considered. The response period for a third-party claim is 60 (sixty) calendar days from receipt.

4. If the Parties fail to reach agreement through negotiations, a dispute arising from the relevant Agreement shall be considered by a court at the Provider’s place of residence/location.

5. For resolving technical issues concerning determination of the Subscriber’s fault resulting from unlawful actions when using the Internet, the Provider may, but is not obliged to, independently engage competent organizations as experts. If the Subscriber’s fault is established, the Subscriber shall reimburse the costs of the expert examination.

VIII. FINAL PROVISIONS

1. Support for actions intended to violate the restrictions and prohibitions imposed by these Regulations, including support in any manner for the above actions, refusal to prevent them or failure to take appropriate measures, shall constitute a violation of the Regulations and entail the applicable sanctions.

2. Suspension of the Services, services and facilities (or any part thereof), and/or disconnection of the Subscriber’s software and/or hardware shall continue until the Subscriber complies with the Provider’s requirements to remedy the violations and shall not cancel any of the Subscriber’s obligations under the relevant Agreement.

3. Deletion of the Subscriber’s resource (website, web page) and/or registration (login and password) and/or other information may also be carried out by the Provider without explanation and without the possibility of restoration.

4. The Provider may at any time prohibit automatic access to its services and terminate acceptance of any information generated automatically (for example, email spam).

5. The Provider may transmit service information sent by the web server to the Subscriber’s and/or user’s computer for storage in the browser (“cookie”) and subsequently use it. The Provider also permits certain companies, partners or advertising services to use cookies on Provider projects. In such cases, the use of cookies by such companies shall not be governed by these Regulations but by the respective company.

6. The Provider may, at its discretion, cease maintaining connectivity with Networks that violate interconnection principles.

7. The Provider’s administration may send informational messages to Subscribers.

8. The Provider has the right to unilaterally amend, without special notice, all restrictions and rules described herein. The current version of the Regulations shall always be available on the Provider’s website.

9. A court’s determination that any provision of these Regulations is invalid or unenforceable shall not result in invalidity or unenforceability of the remaining provisions.

10. The Provider’s failure to act in the event of a violation by the Subscriber or the Subscriber’s users of these Regulations shall not deprive the Provider of the right to take appropriate action later to protect its interests and shall not constitute a waiver of the Provider’s rights in the event of subsequent similar or related violations.

ADDITIONAL CONTRACT TERMS

1. DEFINITIONS

1.1. Automated Management System (hereinafter “AMS”) means the Provider’s hardware and software complex provided to the Customer for automated remote interaction between the Customer and the Provider.

1.2. Communication Channel means an email address and/or fax number provided by the Customer to the Provider through the AMS, as well as the internal messaging system of the AMS.

1.3. Technical Support means a set of measures performed by the Provider to ensure proper provision of the Services to the Customer as specified in this Agreement, as well as timely provision of information necessary for the Customer to use the Services.

1.4. Technical Support Service (TSS) means the Provider’s personnel providing technical support.

1.5. Payment means a voluntary contribution made by the Subscriber toward the provision of the Provider’s Services.

2. SUBJECT OF THE AGREEMENT

2.1. The Provider provides the Customer with Services in exchange for voluntary payments in accordance with the terms and amounts specified in this Agreement and its Appendices.

2.2. The Appendices are official documents of the Provider and are established equally for all consumers, except where a law or other legal document permits benefits for certain categories of consumers. If provisions of the Agreement and its Appendices overlap, the provisions of the applicable Appendix shall prevail.

2.3. The Parties recognize the legal validity of document texts received through communication channels on an equal basis with documents executed in simple written form. The sole exceptions are conclusion of this Agreement and exchange of claims, for which simple written form is mandatory.

2.4. The Parties shall each be responsible for the actions of employees having access to communication channels.

3. CUSTOMER REGISTRATION IN THE AMS AND CHANGES TO CONTACT INFORMATION

3.1. To conclude this Agreement, the Customer shall register in the AMS. Upon registration, the Customer shall automatically receive a personal account number in the AMS. The Customer independently selects a password for access to the AMS during registration.

3.2. All information provided by the Customer during registration and conclusion of the Agreement must be accurate. The Provider shall not be liable for losses of any kind resulting from inaccurate information provided by the Customer.

3.3. The Provider stores the information provided by the Customer during registration in the AMS database and uses it to perform its obligations to provide Services under this Agreement and to send notifications of technical works, amendments to this Agreement and/or its Appendices.

3.4. The Customer shall be responsible for all actions performed using the Customer’s personal account and password.

3.5. If the Customer provides third parties with access to any Customer resources, the Customer shall bear sole responsibility for the actions of such third parties.

3.6. The Customer is responsible for safeguarding account credentials and for losses or other damage that may result from unauthorized use of such credentials. Upon loss or unauthorized access to credentials, or the possibility of such a situation arising, the Customer shall immediately send a request to the Provider through the AMS or other communication channels to change the credentials.

3.7. If the information provided during registration or other information communicated by the Customer through the AMS changes, the Customer shall notify the Provider through the AMS within no more than 7 (seven) days from the date of the change.

4. PROCEDURE FOR PROCESSING TECHNICAL SUPPORT SERVICE (TSS) REQUESTS

4.1. The TSS ensures proper service to the Customer within the scope established by the Agreement and processes Customer requests.

4.2. Work is performed on the basis of a Customer request. A request shall be submitted through the request form in the AMS or by email to Este endereço de email está protegido contra piratas. Necessita ativar o JavaScript para o visualizar..

4.3. A request must contain all information necessary to accurately identify the Customer, and the tasks requiring performance must be stated precisely and clearly.

4.4. Each request has an execution priority. The Customer assigns priority according to the following rules:

• High — used only where the Services cannot be used.
• Medium — technical problems that the Customer cannot resolve independently.
• Low — questions, requests, suggestions and all other matters not included in other priorities.

4.5. All requests by email must be sent using WINDOWS-1251, KOI8-R or UTF-8 encoding within the character range of the relevant encoding, in the format specified by RFC-822.

4.6. All requests are processed in the order received. The maximum processing time for a TSS request is 12 hours. If no new messages are received from the Customer within 72 hours, the request shall be closed automatically.

4.7. High-priority requests shall be processed out of sequence.

4.9. Requests submitted through other channels shall not be processed.

4.10. The TSS is not required to provide consultations on matters unrelated to the Provider’s Services. Such consultations may be provided by separate agreement.

4.11. Answers to standard, frequently asked questions may be provided in the form of links to the relevant instruction page on the Provider’s WEB server http://host-for.net or to relevant support pages of the service provider or software developer.

4.12. A request may be refused for the following principal reasons:

• lack of authorization information where authorization is required;
• a request for Services inconsistent with the terms of the Agreement;
• suspension or blocking of the provision of Services.

4.13. When processing a request sent by email, the Provider shall not be liable for the operation of third-party mail services.

4.14. In the event of complaints regarding fulfillment of requests, the Customer may submit a complaint to the Provider’s management by email at Este endereço de email está protegido contra piratas. Necessita ativar o JavaScript para o visualizar.. The complaint must specify the support request number in connection with which the complaint arose. Management shall respond to the Customer’s complaint no later than two business days after submission.

5. OBLIGATIONS OF THE PARTIES

5.1. The Provider undertakes to:

5.1.1. Provide Services to the Customer in accordance with the terms and requirements set forth in this Agreement and its Appendices.

5.1.2. Provide technical support for the Services provided to the Customer.

5.1.3. Publish notices concerning amendments made by the Provider to this Agreement and its Appendices in the news section of the Provider’s WEB server http://host-for.net and through one of the communication channels at least 7 (seven) calendar days before they take effect.

5.1.4. Record the Customer’s consumption and payments for Services through the AMS.

5.1.5. Maintain confidentiality of information provided by the Customer through the AMS and any other Customer information related to the provision of Services, except as provided by applicable Ukrainian law.

5.1.6. Promptly notify the Customer through one of the communication channels of actions performed in the AMS and of expiration of the Services provided under this Agreement. The Customer may view the complete list of available notifications and manage their delivery through the AMS.

5.2. The Customer undertakes to:

5.2.1. Accept the Provider’s Services in accordance with the terms and requirements set forth in this Agreement and its Appendices.

5.2.2. Make timely payments for the Provider’s Services in accordance with this Agreement and the amounts specified in its Appendices.

5.2.3. Provide complete and accurate information by completing the profile during registration in the AMS.

5.2.4. Immediately notify the Provider in the event of theft or loss of the password used to authorize the Customer in the AMS.

6. SERVICE FEES AND PAYMENT PROCEDURE

6.1. The amount of the Service fee is specified on the Provider’s WEB server http://host-for.net and in the billing system, and the applicable fees are available to registered users.

6.2. Service fees are paid in Russian rubles. A service fee denominated in another currency shall be paid in rubles at the exchange rate applied by the payment systems.

6.3. The Customer shall make advance payment for the Provider’s Services within 3 (three) banking days from the date of issuance of the payment invoice by the Provider. A request for generation of the payment invoice shall be submitted by the Customer through the AMS.

6.4. Payments shall be made by bank transfer to the Provider’s payment-system accounts.

6.5. Payment shall be deemed confirmed upon receipt of information confirming crediting of the funds to the Provider’s payment-system account.

6.6. The Customer shall be responsible for the correctness and timeliness of payments for the Services provided by the Provider.

6.7. If the Provider’s payment details change, from the moment the Customer is notified through one of the communication channels and the new details are published on the Provider’s WEB server http://host-for.net in the “Details” section, the Customer shall be responsible for payments made using outdated details.

6.8. In the event of late payment for the Services, the Provider shall automatically suspend the Services to the Customer with immediate notification through one of the communication channels. The Customer’s personal account shall be retained for 10 (ten) days after its balance reaches zero. After this period, all Customer information shall be deleted.

6.9. If the Customer has a positive balance in the AMS, has no active orders and has not used the Services for 3 (three) or more calendar months, the Provider may debit the remaining balance to cover provision of access to the AMS and storage of the Customer’s information in the AMS database.

6.10. The Customer has the right to obtain a refund for unused Services. For a dedicated server refund, the installation fee equal to one month’s rental fee shall be withheld. For a VDS refund, the fee for the period of use of Data Center resources shall be withheld (minimum 1 day). Refunds shall be made within 30 days, less the fee for transferring funds to the Customer’s account. If the Customer has caused losses to the company (server or network shutdowns, IP blacklisting, etc.), the amount of such losses shall be deducted from the refund depending on the particular case. The refund shall be made through the same payment system used by the Customer to pay for the unused Service.

7. LIABILITY OF THE PARTIES

7.1. The Provider shall not be liable to the Customer or third parties for any delays, interruptions, damage or losses resulting from:

1. a) defects in any electronic or mechanical equipment not owned by the Provider;
2. b) data transmission or connection problems that did not occur through the Provider’s fault;
3. c) malfunctions of equipment owned by the Provider, which the Provider undertakes to remedy within 72 hours;
4. d) force majeure circumstances in the generally accepted sense.

7.2. The Provider shall not be liable to the Customer for delays, interruptions in operation or inability to fully use the Provider’s Services occurring directly or indirectly due to actions or omissions of third parties and/or malfunction of transport and information channels outside the Provider’s own resources.

7.3. In the event of an interruption in Services caused by the Provider’s fault, the Customer shall be entitled to compensation in the form of provision of the Service for a period twice as long as the period of interruption.

7.4. The Customer agrees that the Provider’s liability is limited exclusively to Clause 7.3 of this Agreement and that no other losses shall be reimbursed by the Provider.

7.5. The Provider shall have the right to terminate provision of the Services to the Customer and unilaterally terminate this Agreement if the Customer violates any provision of this Agreement or its Appendices.

7.6. Any other liability of the Parties not provided for by this Agreement and its Appendices shall be determined in accordance with applicable Ukrainian law.

7.7. The Provider may suspend provision of the Services for the time necessary to perform scheduled maintenance on equipment, provided that the Customer is notified at least one day before the maintenance begins. The total server downtime associated with scheduled maintenance shall not exceed 10 (ten) hours per month.

8. CONCLUSION OF THE AGREEMENT. TERM. AMENDMENT AND TERMINATION PROCEDURE

8.1. This Agreement shall enter into force upon receipt of the advance payment for the Services, which shall constitute acceptance of this offer.

8.2. The Agreement shall remain in force until the end of the paid service period plus three business days.

8.3. The Provider may unilaterally amend the Appendices to this Agreement by notifying the Customer of the changes through communication channels no later than 7 (seven) calendar days before they take effect and publishing the changes in the news section of the Provider’s WEB server http://host-for.net in the “Agreement” section.

8.4. Amendments shall enter into force no earlier than 7 (seven) calendar days after notification and publication.

8.5. If the Customer agrees with such amendments, this Agreement shall continue in force taking into account the amendments.

8.6. If the Customer disagrees with such amendments, the Customer shall notify the Provider no later than 7 (seven) calendar days before the intended termination date by an official letter with delivery notification.

8.7. If the Provider receives an email from the Customer and the Customer contacts Technical Support through the billing system confirming the intention to terminate the Agreement, after the amendments have entered into force, the Agreement shall terminate on the date the notification is received. Services received by the Customer from the effective date of the amendments through the date of receipt of the notification, inclusive, shall be provided taking into account the amendments.

8.8. This Agreement may be terminated at the initiative of either Party in the event of insolvency (bankruptcy) of either Party.

8.9. If either Party violates the terms of this Agreement, the other Party shall have the right to terminate the Agreement unilaterally.

8.10. The Agreement may be terminated at the Customer’s initiative, provided the Customer has not violated the Agreement, after expiration of the paid period by refusing to make payments for the next period or by submitting an electronic termination notice through the billing system. In this case, the unused balance of the Customer’s funds shall be refunded upon request, and any outstanding payment obligations shall be settled by the Customer. Refunds shall be made only by non-cash transfer using the same method used by the Customer to make the payment. Refunds shall not be transferred to a third party at the Customer’s request.

8.11. The Agreement may be terminated at any time by mutual agreement of the Parties.

9. CLAIMS AND DISPUTE RESOLUTION

9.1. The Parties shall resolve through negotiations any disputes, disagreements or claims that may arise in connection with or in relation to this Agreement.

9.2. If the Parties fail to reach an agreement through negotiations, disputes shall be resolved in the Arbitration Court.

10. FORCE MAJEURE

10.1. The Parties shall be released from liability for partial or complete non-performance of their obligations under this Agreement in the event of force majeure circumstances, including circumstances caused by third parties, which exclude or objectively prevent performance of this Agreement. The Parties shall have no mutual claims, and each Party shall assume its own risk of the consequences of such circumstances. The occurrence and termination of force majeure circumstances shall be established accordingly.

Oleksandr Nesterenko

Wounder st, Lt.11

3040 Limassol

Cyprus