Умовы прадастаўлення паслуг
The provision of the Services by the Contractor is based on the conditions that are given below:
1. LIST OF UNACCEPTABLE MATERIALS IN THE PROVISION OF 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 placing 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. Attempting to sell counterfeit products will result in the immediate suspension of your account. Any account found to be in violation of copyright will be blocked in whole or in part. Any account found to be a repeat copyright infringer will be suspended and/or removed from our hosting.
1.3. Using shared hosting accounts to store backups or as a data store is prohibited.
1.4. List of sites that are unacceptable:
1.4.1. Sites of financial pyramids, drawings of prizes, sites of "mutual aid".
1.4.2. Sites targeted at hackers.
1.4.3. Sites that distribute smoking blends, narcotic substances and marijuana seeds, or sites that advertise similar activities.
1.4.4. Phishing sites (clones of existing sites).
1.4.5. Services with automatic payment 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 his engagement in activities subject to licensing in accordance with the law. Failure by the Subscriber to provide a copy of such a license within the period specified in the request, or the person to whom the License was issued does not correspond to the data specified by the Subscriber during registration, is the basis for refusing to provide services to the Subscriber.
1.4.7. Sites for the exchange of currencies and cryptocurrencies.
1.4.8. Websites, Internet pages or domain names that have open (unresolved) claims or disputes, including litigation.
1.5. The Contractor reserves the right at any time (in whole or in part) to refuse to provide the Services, including the Contractor has the right, without the consent of the Subscriber, to block domain names, if the Subscriber's website contains materials that, in the opinion of the Contractor are obscene, threatening or discrediting the honor, dignity and business reputation of a person, containing slander, as well as materials that promote hostility, violence, aggression, racism, separatism and / or materials that violate the requirements for the provision of the Services.
1.6. Subscribers are fully responsible for all actions that were performed through their Service Control Panel. Including in the event that the login and password for the Service Control Panel became known to third parties, or an unauthorized entry to the site was made due to the vulnerability of the program code. The subscriber needs to update his site to the latest software versions 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 login and password, namely: restricting access to FTP from certain IP addresses, using two-factor protection with one-time passwords. In case of detection of unauthorized access to the account, the Contractor has the right to restrict access to it until the Subscriber takes appropriate measures.
2.1. Any Subscriber who sends bulk unsolicited emails (SPAM) will be immediately blocked with or without notice. Sites that are advertised using SPAM should not be hosted on our servers. Any account whose actions result in an IP address within our company's IP address space will be blacklisted immediately.
3.1. If the Contractor detects viruses in the Subscriber's account, the Contractor sends a message to the Subscriber about detected viruses, shell scripts, other malicious software, asking him to respond to the letter as soon as possible and clean his account from viruses. Failure to respond or improper response of the Subscriber to such letters may be the basis for blocking the sources of these viruses by the Contractor.
3.2. The subscriber is fully responsible for all actions that were performed on his accounts, including cases of infection with viruses, shell scripts and other harmful and dangerous software. Including, if the login and password to the account 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 processor minutes per day on shared hosting.
4.3. Run any type of search indexers on shared hosting servers. The exception is search engines that index only the subscriber's sites.
4.4. Execute SQL queries that run for more than 15 seconds.
4.5. Create MySQL databases larger than 2GB or containing more than 1000 tables. The total size of all user databases must not exceed 3GB.
4.6. The volume of updates made by the Subscriber's databases should not exceed 500 Mb per day. The calculation is based on the amount of data written to the MySQL binary log.
4.7. Store mail larger than 1GB in one mailbox.
4.8. Store mail, the total size of which exceeds the disk space allocated for hosting the site.
4.9. Create backup copies of data 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 has access to backup files for downloading via FTP.
5. RESTRICTIONS ON THE USE OF THE SERVICES
5.1. Resources for which there are no restrictions or which are described in the tariff plan as "unlimited" are created so that the Subscriber does not worry about the sudden stop of the Service due to exceeding the limit. For example, a database or a mailbox due to the fact that it has run out of space in the tariff plan.
However, the resources of servers and Internet channels cannot technically be unlimited, therefore the Contractor requires the Subscribers to use the resources of the Contractor, taking into account the fact that other clients of the Contractor also need them, who should be given the opportunity to use these resources on an equal footing with the Subscriber.
In order to prevent the increased consumption of resources by Subscribers, the Contractor reserves the right to limit the Subscriber in the consumption of all or some resources.
5.2. The limit at which resources will be limited is calculated based on consumption statistics. Monthly this statistics is different, but one rule remains mostly constant - 99.95 Subscribers consume the allowable amount of resources. The remaining 0.05% of Subscribers will receive an e-mail notification from the Contractor with a request to reduce resource consumption within 48 hours.
In the event that the Subscriber fails to reduce the consumption of resources within the specified time, or in the event of a systematic exceeding of the resource consumption limit, the Contractor reserves the right to suspend the provision of the Services or terminate the Agreement unilaterally.
6. RIGHTS AND OBLIGATIONS OF THE WEBSITE OWNER WHEN RECEIVING FROM THE CONTRACTOR A COPY OF THE STATEMENT ON THE TERMINATION OF THE INFRINGEMENT MADE BY THE OWNER OF THE WEBSITE AND LEGAL CONSEQUENCES OF THE FAILURE TO PERFORM ACTIONS PROVIDED BY THE LAW OF UKRAINE "ON COPYRIGHT AND FAMILY"
6.1. The Subscriber within 24 hours from the date of receipt from the Contractor of a copy of the application from a third party (hereinafter referred to as the "applicant") on the termination of the violation of copyright, related or other intellectual property rights, or on the violation in the field of Internet commerce (electronic commerce) by the copyright holder or his legal representative, performs the following actions:
6.1.1. May refuse to satisfy an application for termination of a violation if: The subscriber has the legal right to use the electronic (digital) information specified in the application, about which he sent a corresponding notification to the applicant and provided information about himself in an amount sufficient to file a claim (full name or name of the website owner, his place of residence (registration) or location, email address, and for legal entities - the EDRPOU code or relevant information about the legal entity's registration abroad in the country of its location);
The Subscriber is not the owner of the website specified in such a statement, and the owner of the website does not respond to the statement of violation of rights sent to him by the Subscriber (in this case, the web page or site is subject to blocking by the Subscriber or the Contractor);
the application for the termination of the violation is executed in violation of the requirements specified in Art. 52-1 of the Law of Ukraine "On Copyright and Related Rights", about which, in accordance with part 5 of this article, the Subscriber informed the applicant.
6.1.2. In the absence of the circumstances specified in clause 6.1.1. of these Terms, the owner of the website without delay, no later than 24 hours from the receipt of the application for the termination of the violation, is obliged to make it impossible to access the electronic (digital) information in respect of which the application has been submitted. The site owner notifies the Contractor of the actions taken by sending a notification of the measures taken.
6.2. If, within 24 hours from the moment of sending the application to the Subscriber to stop the violation, the Subscriber does not take 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 apply to the Contractor, from whom he received information about taking measures, with a notification of refusal on the grounds and in the form established by Art. 52-1 of the Law of Ukraine "On Copyright and Related Rights" (hereinafter - the Law), requiring the restoration of access to 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 notification does not meet the requirements established by the Law, for the "Notice of Refusal", the Contractor informs the owner of the website about this.
6.4. The Contractor resumes access to electronic (digital) information on the tenth business day from the date of sending the applicant a copy of the “Notice of Refusal”, if during this time the applicant has not provided him with confirmation of the opening of legal proceedings to protect his rights to the object (objects) of copyright and ( or) related rights with regard to electronic (digital) information, in respect of which an application was submitted to terminate the violation.