Public Offer Agreement for the Provision of Services

1.1. The Operator provides telecommunication services (hereinafter the Services) to consumers (hereinafter the Subscribers):

1.1.1. Web Hosting services (rental of server disk space); domain name registration services.

1.1.2. consulting on the above issues.

1.2. In the case of providing Web Hosting Services:

1.2.1. the ability to organize email with the volume of information stored at any given time within the quota provided by the tariff plan; the ability to use all available programs and functions, access to visit statistics.

1.2.2. The Operator provides computing resources with load limits, according to the tariff plan selected by the Subscriber.

1.3. In the case of providing Internet domain name registration Services:

1.3.1. Registration of domain names and their support on the primary and secondary DNS name server. The Operator assists in the registration of the domain name by the administrators of regional zones of Ukraine and other registering organizations.

1.3.2. When assisting the Subscriber in registering a domain name, the Operator is not responsible for the timing and possible delays in registration associated with the technological features of the registering organization. Also, the Operator is not responsible for the refusal of the registering organization to register a domain for any reasons that do not contradict its internal Regulations.
A new domain name is registered if all necessary conditions, rules, and norms for its registration are met, in particular:

• at the time of registration, such a domain name is available;
• generally accepted moral and ethical standards are not violated;
• the application contains full and correct information necessary for registration;
• the rules of this domain zone are complied with.

1.3.3. The rights to the registered domain name(s) are transferred to the Subscriber for the entire term of the agreement, provided that the corresponding fee is paid in the manner stipulated in Section 3 of this agreement. The Subscriber guarantees that at the time of concluding this agreement, based on the information provided by them, neither the registration of the domain name nor the procedure for its use violates the intellectual property rights of third parties.

1.3.4. Under no circumstances shall a refund be made for the registered domain(s) under this agreement. The Subscriber agrees to the consideration of any disputes arising regarding domain names in accordance with the provisions of this agreement.

1.4. In the case of providing dedicated server rental services, the services include:

1.4.1. provision by the Operator to the Subscriber of information and technical Services using the Operator's equipment (dedicated physical server) on the Internet, which is located at the Operator's technical site. Connection of the server to the Internet.

1.4.2. connection of it to the uninterruptible power supply network 220 V 50 Hz.

By concluding the Agreement, the Subscriber confirms that they are fully and entirely familiar with and agree to its terms, and also, if the Subscriber is a private entrepreneur, they grant permission for the Operator to process their personal data for the purpose of the possibility of fulfilling the terms of this Agreement, the possibility of conducting mutual settlements, as well as for receiving invoices, acts, and other documents, including those signed with an electronic digital signature.

Permission to process personal data is valid for the entire term of the Agreement, as well as for the subsequent five years after its expiration. The destruction of personal data is grounds for terminating the Agreement and is carried out on the basis of a written (paper) application from the Subscriber.

In this case, the Agreement is terminated from the date specified in the corresponding notification of the Operator. In addition, by concluding this Agreement, the Subscriber confirms that they have been notified (without additional notification) of the rights established by the Law of Ukraine "On Personal Data Protection", of the purpose of data collection, and that their personal data is transferred to the legal entity DataDynamics LLC for the purpose of fulfilling the terms of this Agreement, the possibility of conducting mutual settlements, as well as for receiving invoices, acts, and other documents.

The Subscriber also agrees that the Operator has the right to provide access and transfer their personal data to third parties without any additional notifications to the Subscriber, without changing the purpose of personal data processing (for example, when registering a domain name). The scope of the Operator's rights as a subject of personal data under the Law of Ukraine "On Personal Data Protection" is known and understood by them.

The Services do not include providing the ability to receive/transmit the Subscriber's electronic messages at the Operator's office, configuring or diagnosing the Subscriber's personal computer, modem, and software either at the Operator's office or by visiting the Subscriber, or training in skills for working on the Internet.

3.1. Obligations of the Operator

3.1.1. Conduct its activities in accordance with the Rules for the Provision and Receipt of Telecommunication Services approved by the Cabinet of Ministers of Ukraine Resolution of April 11, 2012, No. 295 (hereinafter - Telecommunication Services Rules) and other regulatory acts of Ukraine in the telecommunications sector. Provide services at the established quality indicator values in accordance with regulatory documents in the telecommunications sector, the agreement, terms of service provision with compliance to the requirements of the Telecommunication Services Rules and other regulatory acts.

3.1.2. Provide Services in accordance with the tariff plan chosen by the Subscriber and guarantee the capability of the leased equipment to provide Services to the Subscriber in accordance with the selected tariff, throughout the entire period of validity of this Agreement, provided that the Subscriber fulfills all their obligations. Notify the Subscriber at least 24 (twenty-four) hours in advance of preventive and repair work by sending a warning to the Subscriber's email.

3.1.3. Publish official notifications related to serving the Subscriber, changing payment tariffs on the Operator's website - www.Hosting.UA. The Operator has no right to interfere in the Subscriber's activities regarding their work within the provided Services.

3.1.4. When providing colocation services, upon the Subscriber's request, inform about the list of certified equipment that can be connected to the public telecommunications network. Warn subscribers about the reduction in the list of services, suspension or termination of service provision, disconnection of their terminal equipment in cases and manner established by the Telecommunication Services Rules and the agreement, including in the case of non-payment for services.

3.1.5. Keep records of the volume and cost of provided services for each type separately and ensure its accuracy. Ensure the correct application of tariffs and timely information of the consumer about their change (seven days before the date of entry into force).

3.1.6. Take measures in accordance with the legislation to ensure the secrecy of information transmitted via telecommunication networks, confidentiality of information about the subscriber and the services they received or ordered, except in cases provided for in clause 6.5 of this Agreement and current legislation of Ukraine. Provide the Subscriber with information about the services provided to them in the form of an activation letter indicating the account name (login and account number) and password, to the Subscriber's email address specified by them during registration.

3.1.7. When providing dedicated server rental and colocation services, connect the equipment to the Operator's network port and ensure uninterrupted operation of the equipment and power supply to the equipment.

3.2. The Operator's obligations do not include:

3.2.1. Compensation for damages caused to the Subscriber by third parties as a result of using the Services provided by the Operator. Also, the Operator is not responsible for damage caused by the Subscriber to third parties as a result of receiving and using the Services. Responsibility for any damage caused to the Subscriber as a result of using the Internet, in particular data loss due to delays, non-delivery, incorrect addressing, or interruption of Services arising as a result of using the Internet or due to the Subscriber's errors.

3.2.2. The Operator in no way controls and is not responsible for the content and quality of information transmitted by the Subscriber over the Internet and placed on the equipment by the Subscriber. The Subscriber uses any information obtained from the Internet at their own risk. The Operator is not responsible for the accuracy and quality of information obtained through the Services provided by it.

3.3. Obligations of the Subscriber:

3.3.1. Independently monitor the billing period of the provided service, timely pay for its renewal, or consciously inform about the unwillingness to renew it. Timely and in full pay for the Operator's Services in accordance with the selected tariff plan. The Subscriber is obliged to pay for the Operator's Services only on behalf of the person specified during registration in the contact or billing information. The Subscriber undertakes to independently familiarize themselves with information about the terms of service and tariffs on the Operator's website www.Hosting.UA.

3.3.2. Use the Internet access Service in compliance with the requirements of current legislation and the provisions of this Agreement. Follow the instructions of the Operator's specialists for the correct use of the Services and the global Internet.

3.3.3. Comply with the rules for access to equipment established by the Operator. Independently take all necessary measures to ensure the security of information transmitted over the Internet and placed on the server by the Subscriber.

3.3.4. Not shift to the Operator responsibility for damages of any kind incurred by the Subscriber or third parties when using the Operator's Services. Comply with the Rules for receiving telecommunication Services, in particular:

• not perform actions aimed at restricting or preventing access to Services by other users, as well as attempting unauthorized access to the Operator's resources and other systems available over the Internet.
• not send over the Internet any information that contradicts the requirements of the legislation of Ukraine or norms of international law.
• not publish or transmit any information or software containing computer viruses or other components equated to them.
• not perform actions aimed at sending, publishing, transmitting, reproducing, providing, or in any form using information, software, or other materials obtained in whole or in part through the Services (unless permitted by the owner of such information, software, or other products), provided there is a written demand from the owner of such information to restrict the listed actions.
• not send electronic messages of a commercial and other nature, uncoordinated (without a request) in advance with their recipient, as well as in case of violation of the Rules for Using the Network adopted by the working group of the Open Internet Service Providers Forum, in the presence of a written statement from the recipient of such mailing.
• not publish or transmit over the Internet any information that contradicts current Ukrainian or international legislation.

In particular, this refers to:

1. overthrowing the constitutional order;
2. violating the territorial integrity of Ukraine;
3. propaganda of war;
4. inciting racial, national, religious hatred;
5. committing terrorist acts;
6. information containing the elements listed below that contradict, in particular, the Law of Ukraine "On the Protection of Public Morality" dated November 20, 2003:

• cruelty;
• violence;
• pornography;
• erotic content products;
• cynicism;
• humiliation of human honor and dignity;
• it is forbidden to publish or transmit over the Internet information of a pornographic and erotic nature that borders on pornographic, in the opinion of the Operator;
• not place or run PROXY, VPN, or tunnels;
• not order or offer spam mailing, in particular for advertising purposes;
• not send spam, in particular for advertising purposes;
• not commit or facilitate the commission of any actions that interfere with the work of other Subscribers of the Services or the normal functioning of the Operator's equipment, in particular loading the server beyond the restrictions established by the Operator for Subscribers in clause 1.1.4 of this agreement;
• not carry out unauthorized access and cause any harm to the Operator's resources, Internet users, and other networks accessible via the Internet;
• other actions contrary to generally accepted norms for using Internet resources or posing a threat to the integrity of the Operator's communication network.

3.3.5. Inform the Operator within the period specified in the agreement, but no less than within 10 days, of any changes in the mandatory details stipulated in the agreement. When providing colocation services, the Subscriber has the right to connect terminal equipment only if it has a document confirming conformity.

3.3.6. The Subscriber is forbidden to use terminal equipment to commit unlawful acts or acts contrary to the interests of national security, defense, and law enforcement. Provide, in accordance with the Law of Ukraine "On Personal Data Protection" and section 7 of the Agreement, the Subscriber's consent to the processing of personal data necessary for concluding the agreement and providing telecommunication services;

3.3.7. In case of detecting the fact of spreading spam containing information about the Subscriber's resource/website hosted on the Operator's server, the Subscriber undertakes to remove this resource/website within 6 (six) hours. By agreement of the parties, other obligations in accordance with the law.

3.3.8. Sign the Agreement and the Act of Acceptance-Transfer of rendered services (performed works) within 5 (five) calendar days from the moment of receipt of these documents from the Operator.

3.4. Rights of the Operator

3.4.1. Demand timely payment for the Service by the Subscriber according to the provisions of the Agreement. Temporarily completely or partially suspend the provision of services (certain types of them), including:

1. In case of termination of the Operator's activities in the provision of services in accordance with the legislation.
2. At the initiative of the consumer, indicating the reason for such termination, in compliance with the terms specified in clause 8.1 of this Agreement.
3. Due to indebtedness for the payment of services exceeding the period or amount specified in the agreement, in accordance with the legislation, as well as the depletion of prepaid funds in accordance with the legislation and the agreement, if within 3 days after sending a notification of the final payment deadline no confirmation of payment is received, and until the debt is paid.
4. Due to the Operator carrying out preventive, repair, or other work, the execution of which makes it impossible to provide services, until the possibility of providing the corresponding services is restored, notifying the Subscriber of this no later than 24 hours before their start via email.
5. Due to the occurrence of a natural disaster, emergency situation, introduction of a state of emergency or martial law in accordance with the law.
6. Violation by the Subscriber of legal requirements regarding the operation of terminal equipment, until the rules of operation are restored.
7. If the Operator classifies any actions committed or performed by the Subscriber or third parties through the Services provided to the Subscriber under this Agreement as causing or capable of causing harm to the Operator, other Subscribers, or the normal functioning of the network. Such actions include those caused by:

• technical defects in the Subscriber's equipment;
• incorrect settings of the network part of the Subscriber's software;
• intentional actions of the Subscriber that interfere with the normal functioning of the Operator's network or the work of the Operator's Subscribers;
• In case of violation by the Subscriber of the rules for receiving telecommunication Services, in particular those specified in clause 3.3.8 and others.

3.4.2. Terminate access to the Services or terminate the agreement unilaterally without prior notice in case of:

1. publication or transmission by the Subscriber of any information or software containing computer viruses or other components equated to them;
2. commission by the Subscriber of actions that result in restricting other users' access to the Operator's Services;
3. attempts of unlawful access by the Subscriber to resources available on the Internet;
4. sending over the Internet any information contrary to the requirements of the legislation of Ukraine or norms of international law;
5. sending spam or advertising resources supported by the Services;
6. illegal hosting and use of copyright-protected information;
7. any actions that could lead or have led to failures in the operation of the Operator's network or telecommunication services;
8. posting information and distributing advertising that contradicts current Ukrainian or international legislation;
9. actions causing harm to the Operator or the Internet community;
10. any other illegal actions or actions contrary to the requirements of the current legislation of Ukraine;
11. violation by the Subscriber of the Rules for receiving telecommunication Services specified in clause 3.3.8. of this agreement;
12. if the Operator detects that the Subscriber, during registration, pursuant to clause 7.1, as well as subclause 8.1.7 of this agreement, provided incomplete, false, or inaccurate information.

3.4.3. The Operator reserves the right to send notifications to the Subscriber's email address, specified by them during registration, about the end of the service provision period 3 (three) days prior to its end date. In this case, from the moment this email is sent by the Operator, the Subscriber is deemed to have been warned. To automatically delete all information belonging to the Subscriber 48 (forty-eight) hours after the Operator's refusal to provide Services to the Subscriber or termination of the Agreement. During these 48 (forty-eight) hours, the Operator retains in full all information and documents provided to it by the Subscriber for the purpose of delegating domain names.

3.4.4. In case of increased needs of the Subscriber for hardware and other resources provided within the ordered service, in particular violation by the Subscriber of clause 1.1.4 of this Agreement, the Operator reserves the right to offer the Subscriber a transition to another tariff plan, and in case of the Subscriber's refusal - to stop their service without refunding money and terminate this Agreement unilaterally. The Operator has the right to change the payment terms of this agreement (including payment terms). The effective date of changes to this agreement is the date of their publication on the Operator's official website www.Hosting.UA.

3.4.5. The Operator reserves the right to immediately terminate the provision of Services and terminate the Agreement in case of failure by the Subscriber to fulfill clause 3.3.8 of this Agreement. When providing colocation services, the Operator reserves the right to connect and/or disconnect the Subscriber's terminal equipment connected to the telecommunication network in the absence of documents confirming its compliance with the requirements of regulatory documents in the field of telecommunications, as well as in other cases defined by law.

3.5. Rights of the Subscriber:

3.5.1. Demand timely and high-quality provision of Services from the Operator in accordance with the terms of this agreement. Receive advice and information from the Operator to the extent necessary to use the Services.

3.5.2. Change the Administrative Contact of the domain name (Admin-C) in top-level and second-level domain zones. Return by the Operator of the unused part of the funds in case of refusal to prepay the service in the cases and manner defined by the Telecommunication Services Rules. Only the amount unused by the Subscriber is subject to refund.

3.5.3. Early termination of the agreement upon written request provided the Operator is notified no later than 30 calendar days in advance. Be compensated for damages caused by the non-fulfillment or improper fulfillment by the Operator of the obligations stipulated by the agreement or legislation.

3.5.4. Refuse services in the manner prescribed by the agreement. Free of charge removal (in whole or in part) upon written request of information about them from the Operator's electronic directory databases.

3.5.5. Other rights that do not contradict the law.

4.1.1. The cost of Services is determined in accordance with the tariff plans published on the Contractor's official website www.Hosting.UA. The subscription fee and prices for Services are quoted in US dollars. Payments are made by the Subscriber in hryvnias, according to the commercial exchange rate of the US Dollar - Ukrainian Hryvnia at the time of issuing the invoice to the customer (or according to the invoice in case of non-cash payment). The terms of payment for services must be detailed by type of payments charged to the Subscriber for the services received. If a package of services is provided, the billing unit must be defined for each type of service included in the package. The cost of Services is determined according to the tariff plans published on the Operator's website - www.Hosting.UA. The subscription fee and prices for Services are indicated in the national currency of Ukraine.

4.1.2. The Contractor has the right to unilaterally revise the prices for Services in US Dollars (Prices in Ukrainian Hryvnias change according to the commercial exchange rate against the US Dollar and Ukrainian Hryvnia) and introduce a new tariff plan. The Contractor notifies the Subscriber of the introduction of new prices by publishing a message on the Contractor's official website or by sending an email to the Subscriber. The date of entry into force of the new Tariff Plan is the date of its publication on the Contractor's official website www.Hosting.UA. In case of tariff changes, previously made payment at new tariffs is not recalculated. Services are provided subject to a positive balance on the Subscriber's personal account. The Subscriber is obliged to independently monitor the occurrence of a negative balance on their personal account.

4.1.3. The condition for providing services to the Subscriber is their 100% prepayment of the selected service in the national currency of Ukraine within 3 (three) calendar days after signing this agreement and/or issuing an invoice, in accordance with the tariffs specified on the website, or from the moment of registration on the Operator's official website. The duration of the billing period is determined for each tariff plan separately (month, three months, six months, one year). The three days are counted from the moment the Operator sends a written notification to the Subscriber's email address specified during registration. Payment can be made in cash at the Operator's cash desk or by bank transfer by transferring funds to the Operator's current account at any branch of Ukrainian banks. Payment by credit cards is also possible. When paying through a bank, the Subscriber must specify the service invoice number and the full name of the service owner. The Operator has the right not to provide Services if the purpose of payment credited to the Operator's current account does not indicate the service invoice number and the service owner's full name, until the confirmation of this payment by the Subscriber.

4.1.4. Disputed issues regarding payment for the Operator's services without providing receipts are not considered. The receipt is confirmation of the existence of legal relations between the Subscriber and the Operator in accordance with this Public Agreement. The Subscriber is independently responsible for the accuracy of their payments. In case of changes, the Operator's bank details are published on the Operator's official website. From the moment the new details are published on the Operator's official website, the Subscriber is independently responsible for making payments using outdated details.

4.1.5. For non-cash payments, the fact of payment for the Service is considered confirmed, and the Subscriber's personal account is opened, after receiving information from the bank about the crediting of funds to the Operator's account.

4.2. Cashless Payment

4.2.1. Payment made by bank transfer by transferring funds to the Operator's current account, not from the person specified during registration in the contact or billing information, is not credited to the Subscriber's personal account. The performance of services is confirmed by the Act of Acceptance-Transfer of rendered Services (performed works), which the Subscriber is obliged to sign within 5 (five) calendar days from the date of its receipt. The parties agreed that due to the specific nature of the Services provided, the Services and work performed should be considered provided and properly executed from the moment the activation letter is sent, indicating the account name and password, to the Subscriber's email address specified during registration. If the Subscriber has claims to the provided services, they send their claims in writing to the Operator's postal address or email address: sales@hosting.ua within 12 (twelve) hours from the moment of receiving the Act of Acceptance-Transfer of rendered services.

4.2.2. Within 30 (thirty) calendar days from the date of formation of a negative balance on the Subscriber's personal account, the Subscriber's account name (Login) and information are retained for the Subscriber. After this period, all the Subscriber's data are automatically deleted without the possibility of recovery. In the case of providing dedicated server rental Services, if the Subscriber does not pay the invoice within 3 (three) calendar days from the date of concluding this agreement and/or issuing the invoice, the provision of Services will be suspended (blocked) until the invoice is paid. The cost of each server reactivation, which can be performed within 4 (four) days after the Service is blocked, is 200 (Two hundred) hryvnias. In case of payment delay on the issued invoice, for the Hardware Hosting (Web Hosting) service, an additional fee of 5% of the invoice amount for the service is charged.

4.2.3. Lack of access, poor quality, and long response time of individual nodes or resources of the global Internet administered by third parties are not interruptions in the provision of the Service under the Agreement and are paid according to the tariffs. In each case of termination of the Agreement, the prepayment for Services properly rendered, within the meaning of clause 4.2.2 of this Agreement, is not refundable to the Subscriber. Return by the Operator of the unused portion of funds in case of refusal of prepayment is carried out in the cases and manner determined by the Telecommunication Services Rules and this Agreement.

4.2.4. Return of the unused portion of funds is carried out on the basis of a written application from the Subscriber, indicating bank details in it, and copies of documents confirming the identity of the payer (passport and identification code of the Subscriber) and the fact of payment for ordered services.

5.1. Liability of the Operator:

5.1.1. The Operator is not responsible for the quality of public communication channels through which access to the Services is provided. The Operator is not responsible for the lack of access, poor quality, and long response times of individual nodes or global Internet resources administered by third parties. Cases of such lack of access are not interruptions in the provision of Services under the Agreement.

5.1.2. The Operator is not responsible for any costs or damages incurred directly or indirectly by the Subscriber while using the Services, as well as for damage and harm caused to the Subscriber by third parties as a result of consuming the services provided by the Operator. The Operator is relieved of liability for failure to fulfill or improper fulfillment of obligations if such failure occurred due to force majeure circumstances (unforeseeable events), as specified in clause 4.5 below, theft, or damage by intruders to lines and station facilities or through the Subscriber's fault.

5.1.3. The Operator is not responsible for the safety and legal support of the information located on the Subscriber's site(s) or in the database and FTP. The Operator is not responsible for notifying any third parties about depriving the Subscriber of access, and for possible consequences arising from the absence of such notification.

5.1.4. The Operator is not a defendant or co-defendant for any obligations and costs associated with the violation of the provisions of this agreement by the Subscriber or other persons using the Subscriber's account name (Login) and password, associated with the use of the Internet via the Services, associated with the placement or transmission of any message, information, software, or other materials on the Internet by the Subscriber or other persons using their account name (Login) and password. The Operator is not responsible for the Subscriber's activities within the mail space determined by the Subscriber's account name (Login).

5.1.5. The Operator is not responsible if electronic messages informing the Subscriber about the end of the service provision period are moved to the "SPAM" folder of the email address specified by the Subscriber during registration.

5.2. Liability of the Subscriber:

5.2.1. Under current Ukrainian legislation, the Subscriber assumes full responsibility and risk associated with using the Internet via the Services, in particular, responsibility for assessing the accuracy, completeness, and usefulness of any opinions, ideas, or other information, as well as the quality and properties of goods and services distributed on the Internet and provided to the Subscriber via the Services. The Subscriber independently bears responsibility for the accuracy and confidentiality of the data specified by them or their representative during domain name registration.

5.2.2. The Subscriber is independently responsible for the content, reliability, and legality of the disseminated information. The Subscriber independently bears responsibility for harm caused in the process of using the Service to legal entities/individuals or their property. The Operator is not liable to third parties for the Subscriber's actions.

5.2.3. The Subscriber bears full responsibility for the safety of their password and for damages that may result from its unauthorized use. Upon the fact of theft of the account name (Login) and password occurring through the fault of third parties, the Subscriber has the right to send a written application to change the password to the Operator, obligatorily attaching a corresponding financial document confirming payment for Services. The Operator is not responsible for the actions of third parties that led to the theft of the account name or password; to compensate for the damage caused by this theft, the Subscriber must contact the appropriate investigative and law enforcement agencies. The Subscriber is responsible for the late signing and transfer to the Operator of the Agreement and appendices to the Agreement, acts of acceptance-transfer of provided services. Delivery of signed documents to the Operator is carried out at the Subscriber's expense and means.

5.2.4. In case of violation by the Subscriber of the terms for signing the specified documents, the Operator has the right to suspend the provision of the Service until the Operator receives the specified documents properly signed by the Subscriber. In this case, the time during which the provision of the Service was suspended is included in the total period for providing Services under this Agreement and does not extend the deadline for the Operator to fulfill its obligations. In the absence of properly signed documents from the Subscriber, after suspension of the Service pursuant to clause 5.2.6, during the period for which the Subscriber paid for the service, all data are automatically deleted without the possibility of recovery.

5.3. Exemption from Liability:

5.3.1. The Operator is exempt from fulfilling its obligations if the fulfillment of the Operator's obligations became impossible due to the effect of force majeure circumstances (unforeseeable events). Force majeure circumstances are circumstances that arose after the conclusion of the agreement between the Operator and the Subscriber (after acceptance of this agreement), and the occurrence of which neither party could foresee at the time of acceptance of this agreement, which include, in particular, but not limited to, earthquakes, floods, hurricanes, fires, wars and military actions, blockades, revolutions, strikes, prohibitive actions of authorities, etc.

5.3.2. The Operator notifies the Subscriber of the beginning of force majeure circumstances, and of the termination of force majeure circumstances and/or liquidation of their consequences when the fulfillment of obligations is hindered not only by force majeure circumstances but also by their consequences, within 4 (four) working days. A notification posted on the Operator's official website is considered sufficient, but the Operator reserves the right to send individual notifications, which are also considered proper notification by the Operator. Proper evidence of the effect of force majeure circumstances is the Operator's notification, as stated in clause 5.3.3. of this agreement.

5.3.3. The inability of the Operator to fulfill its obligations in accordance with this agreement due to the effect of force majeure circumstances does not extend the term of providing services under this agreement and the validity term of the agreement deemed concluded through the acceptance of this agreement. If the duration of force majeure circumstances lasts for more than 2 (two) months, either party may unilaterally terminate the agreement concluded by the Operator's provision and the Subscriber's acceptance of this agreement, without mutual obligations of the Parties to compensate each other for any and all losses arising from the Operator's failure to fulfill its obligations under the agreement and/or termination of the agreement.

6.1.1. All disputes and disagreements arising during the execution of this Agreement will be resolved through negotiations between the Parties. Claims by the Subscriber regarding the provided Services are accepted by the Operator for consideration only in written form and within a period not exceeding 3 (three) calendar days from the moment the disputable situation arises. The period for considering the Subscriber's claims is no more than 30 (thirty) calendar days.

6.1.2. Consideration of claims to the Operator related to the provision of Services is carried out provided the Subscriber presents relevant financial documents confirming payment for the Services. In order to resolve technical issues, when determining the Subscriber's fault due to their illegal actions while using the Internet, the Operator has the right to independently engage competent organizations as experts.

6.1.3. When considering disputes, the Parties have the right to provide printed electronic letters (e-mail) as evidence, with service technical information saved in them (headers). If service technical information (headers) is absent, such a letter is not evidence. The originality of the email headers can be confirmed by the Internet Service Provider through which the corresponding email was sent or by independent experts. If it is impossible to settle disputes through negotiations, they are resolved in court in accordance with current Ukrainian legislation.

7.1. Registration of an individual/legal entity:

7.1.1. An individual/legal entity has the right to accept the agreement and become a Subscriber only under their own name. Registration under another person's name is not allowed. The Subscriber is obliged to independently register, enter, and correct data in the contact and billing information. When registering an individual/legal entity, the Subscriber must specify (select):

1. Email address of the mailbox;
2. password for logging into the control panel;
3. last name, first name, and patronymic / name of the organization;
4. contact information (address, phone, email).

7.1.2. Delegation of a private second-level domain name is carried out exclusively provided the Subscriber submits the following documents:

• for a domain name that fully or its second-level component (up to the "." sign, but not including this sign) in spelling coincides with a Mark protected on the territory of Ukraine in accordance with the Madrid Agreement Concerning the International Registration of Marks - an extract from the Official Bulletin of the International Bureau of the World Intellectual Property Organization certified by the central executive body for intellectual property protection, confirming the fact of international registration of the Mark and the fact of its legal protection on the territory of Ukraine;
• for a domain name that fully, or its second-level component (up to the "." sign, but not including this sign), in spelling coincides with a Mark for which the central executive body for intellectual property protection has issued a certificate of Ukraine for a trademark for goods and services - a duly certified copy of this certificate;
• if the direct registrant (Subscriber) of the private second-level domain name is not the owner of the rights to use the Mark on the territory of Ukraine - a duly certified copy of the agreement on the transfer by the Mark's owner to the domain name registrant (Subscriber) of the rights to use this Mark on the territory of Ukraine, or a license agreement.

7.1.3. The Operator, as well as the Administrator and Operator of the Registry of the public domain .UA, are not responsible for the consequences of the use or misuse of domain names by the Subscriber, including before third parties, as well as for the violation by the Subscriber of any rights of third parties. By signing this agreement, the Subscriber affirms that the information about themselves provided to the Operator for the purpose of domain name delegation, in particular contact information, is complete, true, and accurate. The Subscriber independently bears responsibility for the accuracy and confidentiality of the data specified by them or their representative during registration.

7.1.4. By signing this agreement, the Subscriber affirms that the purpose of collecting, storing, and publishing the information provided by them to the Operator and necessary to ensure the process of domain name delegation is known and clear to them, and also that they know and agree that the current status of such information will be publicly available in real-time via WHOIS or a similar service. The Operator, in the manner established by law, creates and uses databases necessary for the provision of services and containing information provided by the Subscriber when concluding the agreement, and ensures the protection and non-disclosure of classified information. Personal data of the Subscriber may be processed in order to provide services, ensure the fulfillment of obligations under the agreement.

7.1.5. During the provision of services stipulated by this Agreement, the Operator uses only equipment that has passed state certification. The Subscriber's terminal equipment is the Operator's equipment or Subscribers' equipment (for colocation service), with the possibility of remote access by Subscribers to this equipment through the networks of other ISPs. When connecting terminal equipment, all Subscribers are assigned unique electronic codes (identifiers) of the terminal equipment, which are IP addresses, login, account number, and password, allowing the Subscriber to host their information on the terminal equipment.

8.1.1. The Subscriber agrees that the Operator is the owner and administrator of personal data databases with the consent of the personal data subject. At the same time, the personal data subject agrees that they have been acquainted with their rights in accordance with the Law of Ukraine "On Personal Data Protection" dated June 1, 2010. The Subscriber provides their consent to the processing of personal data provided by them (including: collection, storage, systematization, change, deletion, use, dissemination, anonymization, blocking). The purpose of using personal data and their subsequent processing is to ensure the implementation of administrative-legal, tax relations, and relations in the field of accounting, in accordance with the Tax Code of Ukraine, the Law of Ukraine "On Accounting and Financial Reporting in Ukraine", as well as compliance with the rules and requirements of the Civil and Commercial Codes of Ukraine, other legislative acts of Ukraine when concluding agreements (contracts, agreements, etc.) between the subjects of contractual relations (parties to the agreement), as well as compliance with the rules and requirements of the Civil and Commercial Codes of Ukraine, other legislative acts of Ukraine when concluding agreements (contracts).

8.1.2. The Subscriber agrees that the Operator has the right to anonymize their personal data for the purpose of transfer (including cross-border) to other domain name registration market entities. The Subscriber agrees that the Operator has the right to transfer their data to other domain name registration market entities in non-anonymized form. The revocation of consent to personal data processing can be carried out by the Subscriber sending an appropriate instruction in simple written form to the Operator's address. At the same time, the Subscriber agrees that such revocation may entail the following consequences:

• refusal by the Operator to provide services, due to the impossibility of their execution without specified data;
• deletion of the domain name, in case of impossibility of its support without the Operator having such data.

8.1.3. The Subscriber hereby gives consent and instructs the Operator, as the Registrar, to publish their personal data in the databases of respective services in open access on the Internet, necessary for the operation of services, platforms, domains, in particular, in WHOIS or similar services. The Subscriber agrees that their personal data may be transferred to another Registrar or Administrator of a public domain, if the executed operation requires identification of the Subscriber as the domain name owner.

8.1.4. The Subscriber independently bears responsibility for providing incomplete, false, and inaccurate information to the Operator. The Subscriber realizes that the provision of such information may result in suspension or complete termination of service provision, as well as unilateral termination of the agreement without prior notice (in accordance with clause 3.3.8 of this agreement). The Subscriber agrees that the destruction of personal data constitutes grounds for terminating the agreement and is executed on the basis of their written (paper) application. In such a case, the agreement is terminated from the date specified in the relevant notification of the Operator.

9.1.1. Early termination of the Agreement by the Subscriber is carried out by sending a notification of intent to terminate to the Operator's email address no later than 7 (seven) days before the termination date. The Agreement is considered terminated upon expiration of this period and in the absence of the Subscriber's debts or unfulfilled obligations. The Operator has the right to terminate this agreement in case of:

• failure by the Subscriber to fulfill the terms of this agreement by sending a notification of termination of the agreement to their email address;
• upon expiration of the period for which the Service was prepaid (billing period), by sending a notification of termination of the agreement to the Subscriber's email address no later than 30 (thirty) days before the end of the specified period;
• occurrence of cases defined in clauses 3.4.2 and 3.4.3 of this Agreement.

9.1.2. In any case of termination of the agreement, the prepayment for properly rendered Services, within the meaning of clause 4.2.2 of this agreement, is not returned to the Subscriber.

10.1.1. This agreement comes into force from the moment of its acceptance by the Subscriber and is valid for the period for which the Subscriber made prepayment for the Services. In case the Subscriber makes a payment for Services for the next billing period before the expiration of the Agreement, the Agreement is extended automatically on the same conditions as defined in this Agreement.

10.1.2. On all issues not regulated in the text of this agreement, the Parties shall be guided by the current legislation of Ukraine.

ADDRESS AND BANK DETAILS OF THE OPERATOR:

Company Name: DataDynamics LLC
Legal Address: Ukraine, 65026, Odesa region, Odesa city, Yevropeiska st., 15/17, office SV
Company Code (EDRPOU): 45721238
Bank Name: JSC CB "PrivatBank"
Recipient Account (IBAN): UA603052990000026001044927356