This Agreement is a Public Contract in accordance with Art. 633 of the Civil Code of Ukraine and has the corresponding legal force.
In accordance with Art. 642 of the Civil Code of Ukraine, full and unconditional acceptance of the terms of this Agreement (Public Contract) is the payment made by an individual, legal entity, or private entrepreneur (hereinafter referred to as the “Customer”) for the services of SLIMHOST Hosting Provider (hereinafter referred to as the “Executor”).
The use of our services implies the consent of the person purchasing the services to the rules and other terms of cooperation set forth in this document at the time of service provision.
(1) SLIMHOST Hosting Provider, the Executor, on one side;
(2) The service user, any legal entity or individual, hereinafter referred to as the Customer, on the other side;
Hereinafter, the Executor and the Customer are collectively referred to as the Parties, and they agree to the terms of this Agreement as follows:
1 Subject of the Agreement
1.1 Under this Agreement, the Executor undertakes to host the Customer’s web page on the Internet according to a specific tariff plan, and the Customer undertakes to accept and pay for these services.
2 Terms of Agreement Execution
2.1 Within 1 (one) business day after receiving payment for the order, the Executor installs and configures the virtual web server and provides the Customer with the necessary information for administering the virtual web server.
2.2 The Executor provides round-the-clock Internet access to the Customer’s virtual web server seven days a week.
3 Prices and Payment Procedure
3.1 If payment for the extension of hosting services is not made, your account will be blocked. Account reactivation is possible only after the debt is paid.
3.2 Failure to pay for hosting extension within 15 (fifteen) calendar days from the expiration date of this service gives the Executor the right to terminate the Contract with the subsequent deletion of all Customer data stored on the server. The Customer has the right to request a backup copy of the site from the Executor. The backup copy is stored for 5 (five) days after the account is deleted.
3.3 If the quality of the service provided by the Executor does not meet the Customer’s requirements, the Customer has the right to refuse the services provided within 14 calendar days from the start date of service provision and receive the full amount of the payment back.
4 Rights and Obligations of the Customer
4.1 The Executor provides a complete set of information necessary for hosting the Customer’s website on the Internet. At the same time, the Customer must have minimal knowledge necessary for managing the account. The Executor does not undertake the obligation to train the Customer or provide them with technical information, except for that directly related to the specific features of these services.
4.2 The Customer is obliged to use the Internet only legally, adhering to the norms and rules of using data transmission networks, and is responsible for their non-compliance in accordance with the current legislation of Ukraine.
4.3 The Customer independently bears responsibility for any kind of loss incurred by them or a third party during the incorrect use of the Executor’s services by the Customer.
4.4 The Customer undertakes to pay for the Executor’s services promptly according to the established tariffs and within the deadlines set by the Executor.
4.5 The Customer is responsible for the loss of login and/or password, which may lead to account takeover by other persons, and consequently, the complete or partial change and/or deletion of information on this account.
5 Rights and Obligations of the Executor
5.1 In case of lack of access to the Customer’s web server due to the Executor’s fault, the latter undertakes to compensate by extending the services free of charge for the period of lack of access to the web server.
5.2 The Executor undertakes to ensure complete backup of the Customer’s data. If the Customer’s data is lost due to the Executor’s fault, the latter undertakes to restore it from the latest available backup copy.
5.3 The Executor reserves the right to change the IP address, DNS allocated to the Customer, or move to another server if it is technically necessary. If the Customer uses the Executor’s DNS server, this change will occur unnoticed by the Customer.
5.4 The Executor reserves the right to suspend service to the Customer or terminate the contract unconditionally in the following cases:
A) posting information on the virtual web server that insults the honor and dignity of other people;
B) hosting pornography on a virtual web server.;
C) posting information on the virtual web server that contradicts the legislation of Ukraine;
D) icmp-flood; spamming; mass mailings via email, as well as ICQ, IRC environments;
E) It is forbidden to place TORRENT TRACKERS on servers in Ukraine;
F) IT IS FORBIDDEN TO PLACE WEBSITES OF A SEPARATIST NATURE (calling for the disintegration of territorial integrity) LIABILITY FOR PLACING SUCH A SITE (SITES) IS PROVIDED FOR BY ARTICLE 110 OF THE CRIMINAL CODE OF UKRAINE – Encroachment on the territorial integrity and inviolability of Ukraine;
5.5 SLIMHOST Hosting Provider has the right to suspend the provision of services for the following reasons:
A) advertising one’s web pages by sending spam;
B) any support of spam, hacking, cracking and other illegal activities on the Internet.
5.6 The Executor has the right to suspend the provision of services if the Executor’s representatives classify any actions carried out or performed by the Customer, or third parties through the services provided by the Executor under this Contract, as causing or capable of causing harm to the Executor, or other customers, or the normal functioning of the server on which the Customer’s account is located, namely actions caused by:
A) Destabilization of the server by running malicious scripts;
B) Abnormal network activity.
C) Constant load on the processor that could destabilize the server.
6 Liability of the Parties
6.1 The Executor is not liable to the Customer or third parties for any damage, loss and/or lost profits occurring as a result of:
A) failures or damage to technical equipment;
B) problems/delays/interruptions/missed connections during data transmission or connection;
C) software errors;
D) force majeure (Such circumstances include: fire, flood, earthquake, tsunami, tornado, hurricane, typhoon, landslides, mudflows, avalanches, volcanic eruptions and other natural disasters, wars, revolutions, coups d’état, strikes).
6.2 The Executor is not responsible for the content of information posted by the Customer.
6.3 The Executor is not responsible for the delay or loss of the Customer’s incoming or outgoing email.
6.4 Upon termination of the Agreement due to non-compliance with clauses 5.4 – 5.5 and/or in case of establishing the fact of illegal actions, in particular those provided for in clause 5.6, the unused portion of the funds is not returned to the Customer.
Domain Names
1.1 The Executor facilitates the registration of a domain name according to the rules of the domain zone.
1.2 When assisting the Customer in registering a domain name, the Executor is not responsible for possible delays in registration related to the technological features of the registrar’s work. Also, the Executor is not responsible for the refusal of the registering organization to register the domain for any reasons that do not contradict its internal Regulations.
1.3 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 free;
– generally accepted moral and ethical standards are not violated when registering such a name;
– the application contains complete and correct information necessary for registration;
– the rules of this domain zone are observed;
1.4 Rights to the domain name(s) being registered are transferred to the Customer for the entire duration of the Contract, subject to the payment of the appropriate fee.
1.5 The Customer guarantees that at the time of signing the Contract, according to 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.
1.6 For a registered domain(s) under this Contract, a refund is not made under any circumstances.
1.7 The Customer agrees to the consideration of any disputes that arise regarding domain names.
1.8 THE EXECUTOR has the right to refuse the Customer to register any domain name or cancel an already registered domain name if: the domain name contains profanity, is used for spam or for immoral or illegal activities, etc. Paid funds in such a case are not refunded, but can be transferred to another type of service (delegation of another domain name, etc.) in accordance with current rates.
1.9 THE EXECUTOR, the Domain Zone Administrator and the Registry Operator are not responsible for the consequences of using or not using or misusing domain names by the CUSTOMER. The Domain Zone Administrator, the Registry Operator and the EXECUTOR cannot be involved in legal disputes regarding domain names.