Terms of Service
The provision of Services by the Contractor is based on the terms set out below:
1. LIST OF UNACCEPTABLE MATERIALS WHEN PROVIDING SERVICES
1.1. All Services provided by the Contractor must be used only for legal purposes and not contradict the current legislation of Ukraine and international legislative acts.
1.2. The Subscriber is prohibited from taking actions to post electronic (digital) information in violation of copyright and (or) related rights, or other intellectual property rights of third parties. This includes, but is not limited to, the illegal distribution of music, books, photographs, magazines, or any other copyrighted work. An attempt to sell counterfeit products will lead to the immediate blocking of your account. Any account caught violating copyright will be partially or completely blocked. Any account caught in repeated copyright infringement will be blocked and/or removed from our hosting.
1.3. It is prohibited to use shared hosting accounts to store backups or as data storage.
1.4. List of unacceptable websites:
- 1.4.1. Financial pyramid sites, prize draws, "mutual aid" sites.
- 1.4.2. Hacker-oriented sites.
- 1.4.3. Sites distributing smoking mixtures, narcotic substances, and marijuana seeds, or sites advertising such activities.
- 1.4.4. Phishing sites (clones of existing sites).
- 1.4.5. Services with automatic withdrawal of funds.
- 1.4.6. Sale of any goods, works, services for which a license is required, without an appropriate license. The Contractor has the right at any time to request a copy of the Subscriber's license confirming the legality of their engaging in activities subject to licensing in accordance with the law. The Subscriber's failure to provide a copy of such a license within the time specified in the request, or the mismatch of the person to whom the License was issued with the data specified by the Subscriber during registration, is a basis for refusing to provide services to the Subscriber.
- 1.4.7. Currency and cryptocurrency exchange sites.
- 1.4.8. Websites, web pages, or domain names against which there are open (unresolved) claims or disputes, including legal ones.
1.5. The Contractor reserves the right at any time (in whole or in part) to refuse the provision of Services; in particular, the Contractor has the right to block domain names without coordinating with the Subscriber if the Subscriber's website contains materials that, in the Contractor's opinion, are obscene, threatening, or defame the honor, dignity, and business reputation of a person, contain slander, as well as materials promoting enmity, violence, aggression, racism, separatism, and/or materials violating the requirements for the provision of Services.
1.6. Subscribers bear full responsibility for all actions taken through their Service Control Panels. This includes cases where the login and password to the Service Control Panel became known to third parties or unauthorized access to the site was made due to vulnerability in its program code. The Subscriber must update their site to the latest versions of the software and use complex passwords that will be difficult for an attacker to guess, as well as use all available security systems to prevent the use of the login and password, namely: restricting FTP access from certain IP addresses, using two-factor authentication with one-time passwords. In case of detecting unauthorized access to the account, the Contractor has the right to restrict access to it until the Subscriber takes appropriate measures.
2. SPAM MAILING
2.1. Any Subscriber engaged in mass mailing of unsolicited emails (SPAM) will be immediately blocked with or without notice. Sites advertised via SPAM must not be hosted on our servers. Any account whose actions led to the appearance of an IP address located in our company's IP address space in a blacklist will be immediately blocked.
3. VIRUSES
3.1. In case the Contractor detects viruses in the Subscriber's account, the Contractor sends a notification to the Subscriber about the detected viruses, shell scripts, and other malware, requesting them to respond to the email as soon as possible and clean their account of viruses. Failure to respond or improper response by the Subscriber to such emails may serve as a basis for the Contractor to block the sources of these viruses.
3.2. The Subscriber bears full responsibility for all actions taking place on their accounts, including cases of infection with viruses, shell scripts, and other harmful and dangerous software. This includes cases where the account login and password became known to third parties.
4. USE OF RESOURCES
The Subscriber must not:
- 4.1. Use more than 25% of system resources for more than 90 seconds.
- 4.2. Use more than 100 CPU minutes per day on shared hosting.
- 4.3. Run any types of search indexers on shared hosting servers. Exceptions are search engines that index exclusively the subscriber's sites.
- 4.4. Execute SQL queries that run for more than 15 seconds.
- 4.5. Create MySQL databases containing more than 1000 tables. The total volume of all user databases must not exceed 30% of the hosting tariff plan disk space.
- 4.6. The volume of updates made by the Subscriber's databases must not exceed 500 MB per day. The calculation is based on the volume of data recorded in the MySQL binary log.
- 4.7. Store mail larger than 1 GB in a single mailbox.
- 4.8. Store mail whose total volume exceeds the disk space allocated for hosting the site.
- 4.9. Create data backups in the form of an archive if their size exceeds 3 GB. In case of creating backup archives with a total volume of more than 10 GB per month, the Contractor reserves the right to refuse further archiving of files, while the Subscriber retains access to backup files for downloading via FTP.
5. RESTRICTIONS ON THE USE OF SERVICES
5.1. Resources that are not subject to limits or are described in the tariff plan as "unlimited" are designed so that the Subscriber does not worry about sudden suspension of the Service due to exceeding a limit. For example, a database or mailbox because they ran out of space in the tariff plan. However, the resources of servers and Internet channels technically cannot be limitless; therefore, the Contractor requires Subscribers to use the Contractor's resources taking into account that they are also needed by other clients of the Contractor, who must be given the opportunity to use these resources on equal terms with the Subscriber. In order to prevent excessive consumption of resources by Subscribers, the Contractor reserves the right to restrict the Subscriber in the consumption of all or some resources.
5.2. The limit at which resources will be restricted is calculated based on consumption statistics. Each month this statistic is different, but one rule remains mostly constant — 99.95% of Subscribers consume an acceptable amount of resources. The remaining 0.05% of Subscribers will receive an email from the Contractor requesting to reduce resource consumption within 48 hours. In the event that the Subscriber fails to reduce resource consumption within the specified time, or in case of systematic exceeding of the resource consumption limit, the Contractor reserves the right to suspend the provision of Services or terminate the Agreement unilaterally.
6. RIGHTS AND OBLIGATIONS OF THE WEBSITE OWNER IN CASE OF RECEIVING A NOTICE FROM THE CONTRACTOR REGARDING THE CESSATION OF VIOLATIONS COMMITTED BY THE WEBSITE OWNER AND THE LEGAL CONSEQUENCES OF THEIR FAILURE TO TAKE ACTIONS PROVIDED FOR BY THE LAW OF UKRAINE "ON COPYRIGHT AND RELATED RIGHTS"
6.1. The Subscriber, within 24 hours from the moment of receiving a copy of an application from a third party (hereinafter referred to as the "applicant") from the Contractor regarding the cessation of violation of copyright, related, or other intellectual property rights, or about a violation in the field of e-commerce by the rights holder or their legal representative, shall take the following actions:
6.1.1. May refuse to satisfy the application for the cessation of the violation if:
- The Subscriber has the legal right to use the electronic (digital) information specified in the application, about which they sent an appropriate notice to the applicant and provided data about themselves to an extent sufficient for filing a lawsuit (full name or designation of the website owner, their place of residence (registration) or location, email address, and for legal entities — the EDRPOU code or relevant information about the registration of a legal entity abroad in the country of its location);
- The Subscriber is not the owner of the website specified in such an application, and the website owner does not respond to the notice of violation of rights sent to them by the Subscriber (in this case, the web page or site is subject to blocking by the Subscriber or the Contractor);
- the application to stop the violation was drawn up in violation of the requirements defined by Article 52-1 of the Law of Ukraine "On Copyright and Related Rights", of which the applicant was informed by the Subscriber in accordance with Part 5 of the specified article.
6.1.2. In the absence of the circumstances specified in clause 6.1.1 of these Terms, the website owner must immediately, no later than 24 hours from the moment of receiving the application to stop the violation, make it impossible to access the electronic (digital) information for which the application was submitted. The website owner notifies the Contractor of the actions taken by sending a notice of the measures taken.
6.2. In the event that within 24 hours from the moment of sending the application to stop the violation to the Subscriber, the Subscriber does not perform the actions provided for in clause 6.1. of the Terms, the Contractor independently blocks access to the electronic (digital) information specified in the application to stop the violation.
6.3. The Subscriber has the right to contact the Contractor, from whom they received information about the measures taken, with a notice of refusal on the grounds and in the form established by Article 52-1 of the Law of Ukraine "On Copyright and Related Rights" (hereinafter referred to as the Law), demanding the restoration of access to the electronic (digital) information. If such an appeal meets the requirements established by the Law, the Contractor must immediately, no later than 48 hours after receiving it, send a copy to the applicant. If the message does not meet the requirements established by the Law for a "Notice of Refusal", the Contractor informs the website owner about this.
6.4. The Contractor restores access to electronic (digital) information on the tenth working day from the day a copy of the "Notice of Refusal" was sent to the applicant if, during this time, the applicant has not provided them with confirmation of the opening of court proceedings to protect their rights to the object (objects) of copyright and (or) related rights regarding the electronic (digital) information for which the application to stop the violation was submitted.