Hosting rules

Terms of service

1. Veracity of identification data

1.1. When registering, the Customer is obliged to enter up-to-date information containing the name of the legal entity, its actual address, postal details, contact details, as well as the name of the authorized representative of this legal entity. If it turns out that any of the information is false, the Contractor has the right to suspend the provision of the Services until the true data is provided.

1.2. The Contractor reserves the right to immediately suspend the provision of the Services in the following cases:

• actions on the part of the Customer aimed at impersonating employees of the Contractor or a third party without sufficient rights to do so;
• falsification of the Customer’s IP address and means of identification, as well as addresses used in other network protocols for data transmission to the Internet.

2. Fulfillment of requests by the Technical Support Service

2.1. Requests to the Technical Support Service are accepted exclusively through the ticket system in the Customer’s Personal Account, which can be accessed from the Contractor’s website or at http://www.hostpark.ua/billing.php. The response time to a ticket is 1 hour.

2.2. Additional channels of communication with technical support: online support on the website, phone call, e-mail, Skype. These channels are used to consult on services or to clarify the status of tickets.

2.3. The execution or processing of the application may be refused in the following cases:

• no information is provided to identify the Order;
• requests to provide a service that does not meet the terms of the Agreement;
• the provision of the Services is suspended on the grounds provided for in the Agreement.

2.4. The Technical Support Service is not obliged to provide advice on programming, web design, script and program settings, as well as other similar issues.

3. Storage and dissemination of illegal information

3.1. The Contractor does not control the content of information stored or distributed by the Customer through the Services provided and is not responsible for its accuracy, quality and content.

3.2. The Contractor reserves the right to suspend the provision of the Services without notice to the Customer in the following cases:

• placement and promotion of resources containing propaganda of violence, fascism, extremism, terrorism, nationalism, chauvinism, racial hatred, as well as resources containing calls for the overthrow of the legitimate government in any state, slander, threats or insults to specific individuals or organizations;
• placing resources and links to resources that support or promote activities that violate national or international laws;
• distribution or use of copyrighted materials without the permission of the copyright holder, as well as posting links to such resources;
• collection, storage, use or dissemination of personal data of third parties, when these persons have not expressly authorized the Customer to perform such actions;
• distribution or promotion of pornography, child erotica, advertising of intimate services, etc;
• posting or transmitting materials that explain the procedure for creating and using explosives or other weapons.

3.3. The Customer shall be fully responsible for all materials posted for sharing or transmitted privately through the Contractor’s Services.

4. Unauthorized access and network attacks

4.1. The Contractor has the right to terminate the provision of the Services without prior notice to the Customer in the following cases:

• if, in the reasonable opinion of the Contractor, the Customer’s use of the Services may cause damage to the Contractor and/or cause a failure of the Contractor’s and/or third parties’ hardware and software;
• distribution of computer viruses, trojan horses, spyware and other programs designed to disrupt or limit the functionality of any computer or telecommunications equipment or to provide unauthorized access;
• distribution of serial numbers to commercial software products or programs for their generation, as well as logins, passwords and other means for obtaining unauthorized access to paid resources on the Internet, as well as posting links to the above information;
• actions aimed at obtaining unauthorized access to the Network resources (computers, other equipment or information resources);
• transmitting useless information to the equipment of third parties that creates an excessive load on it and intermediate network sections in amounts exceeding the minimum required to check the connectivity of networks and the availability of its individual elements;
• uncoordinated actions to scan network nodes to identify security vulnerabilities, lists of open ports, etc;
• provision by the Customer of mail relays, open anonymous proxy servers, open teleconference servers, etc.

5. Unauthorized sending of messages (spam)

5.1. The Contractor has the right to temporarily suspend the provision of the Services without prior notice to the Customer in the following cases:

• distribution by the Customer of advertising information and other materials for advertising purposes without the recipient’s prior consent (spam), including electronic messages containing links to the site and calling for its visit;
• entering an e-mail address into lists of periodic mailing of notifications without the prior consent of the address owner (if subscription to receive notifications is a prerequisite for registration on the site, the user must be informed about this before providing his or her data, even if the messages sent by the system describe the method of removing the address from the mailing list);
• regular sending of messages that do not contain a description of how to remove the address from the mailing list;
• sending messages to addresses from which we have previously received requests not to do so;
• advertising of goods and services that are restricted or prohibited by the current legislation of Ukraine;
• dissemination by the Customer of other people’s e-mail addresses and commercial offers of a dubious nature (for example, pyramid schemes, Internet earnings systems, “letters of happiness”, etc;)
• if there are grounds to believe that the Customer facilitates unsolicited mailings by ensuring the connectivity of servers and subnets that distribute them, hosting websites, maintaining email addresses and DNS servers for domains that are technically used for this purpose.

6. Additional rights and responsibilities of the Parties

6.1. The Contractor has the right to suspend the provision of the Services in the following cases:

• performing other actions that are not provided for by the Agreement and the Regulations, but contain the elements of an administrative or criminal offense, or violate the rights of third parties;
• if the Contractor receives a request or instruction from any governmental, regulatory or other competent authority.

6.2. The time of termination of the Services for the reasons specified in the Regulations shall not be considered a break in the provision of the Services and shall not be considered a breach by the Contractor of its obligations under the Agreement and the Annexes thereto.

6.3. The termination of the Services shall be carried out until the Customer fulfills the Contractor’s requirements to eliminate violations and does not cancel the fulfillment by the Customer of all its obligations under the Agreement.

6.4. The Contractor may suspend the provision of the Services for the time necessary to carry out routine maintenance of the equipment, having notified the Customer thereof at least one day before the start of the work on the equipment.

6.5. The Contractor shall have the right to carry out emergency works requiring urgent disconnection of the Customer’s equipment, provided that the risk of keeping the equipment on is greater than that of the equipment off. In this case, the Contractor undertakes to notify the Customer’s technical staff of the equipment disconnection at least eight (8) hours before the work is to be performed by sending a message in the Personal Account, by telephone or by e-mail.

6.6. The Contractor shall not be liable for:

• for the quality of the Internet connection related to the quality of the networks of other providers, the policy of traffic exchange between providers, the functioning of the Customer’s equipment and software, and other circumstances beyond the Contractor’s competence and influence;
• for violation of the rights of third parties arising from the Customer’s actions taken with the use of the Services provided by the Contractor.

6.7. The Contractor warns the Customer that accidental or intentional actions on the Internet may result in violation of the national legislation of other countries. The Contractor shall not be liable for such possible violations by the Customer.

7. Procedure for handling claims and disputes

7.1. The complaint procedure for resolving disputes is mandatory.

7.2. Claims of the Customer regarding the Services provided shall be accepted and considered by the Contractor only in writing and in the manner prescribed by law.

7.3. The claim must contain the name of the claimant, the actual address (to which the Contractor should send a response to the claim), data of the certificate of state registration of the organization (identity documents for individuals), bank details (if any), the basis for the claim, the amount of the claim for each individual claim, the list of attached documents.

7.4. The claim shall be signed by the claimant or his/her authorized representative.

7.5. In case of failure to reach an agreement between the parties, the dispute shall be considered in a court of general jurisdiction at the location of the Contractor.

7.6. Recognition by the court of any provision of these Rules as invalid or unenforceable shall not entail invalidity or unenforceability of other provisions of the Rules.