Terms of Service
Last updated — June 1, 2024
The provision of Services by the Contractor is based on the conditions set forth below:
1. List of Unacceptable Materials for Service Provision
1.1. All Services provided by the Contractor must be used only for legal purposes and must not violate the current legislation of Ukraine and international legal acts.
1.2. The Subscriber is prohibited from performing actions related to the placement of electronic (digital) information that infringes on copyright and (or) related rights or other intellectual property rights of third parties. This includes, but is not limited to, illegal distribution of music, books, photographs, magazines, or any other work protected by copyright. Attempting to sell counterfeit goods will lead to the immediate blocking of your account. Any account found in violation of copyright will be partially or fully blocked. Any account found in repeated violation of copyright will be blocked and/or removed from our hosting.
1.3. The use of virtual hosting accounts for backup storage or as a data repository is prohibited.
1.4. The list of unacceptable sites:
1.4.1. Financial pyramid sites, prize giveaways, "mutual help" sites.
1.4.2. Hacker-oriented sites.
1.4.3. Sites that distribute 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 money payout.
1.4.6. Sale of any goods, works, services requiring a license without the appropriate license. The Contractor has the right to request a copy of the Subscriber's license confirming the legality of their licensed activities at any time. Failure to provide a copy of such a license within the requested timeframe or discrepancies between the licensee's details and the information provided by the Subscriber at registration will be grounds for refusal to provide services.
1.4.7. Currency and cryptocurrency exchange sites.
1.4.8. Websites, web pages, or domain names with open (unresolved) claims or disputes, including legal disputes.
1.5. The Contractor reserves the right to refuse to provide Services at any time (in whole or in part), including the right to block domain names without agreement with the Subscriber if the Subscriber's website contains materials that, in the Contractor's opinion, are obscene, threatening, or defamatory to the honor, dignity, and business reputation of a person, contain libel, as well as materials that promote hostility, violence, aggression, racism, separatism, and/or materials that violate the requirements for providing Services.
1.6. Subscribers are fully responsible for all actions that occur through their Service Management Panels. This includes cases where login and password to the Service Management Panel become known to third parties or unauthorized access to the site occurs due to vulnerabilities in its software code. Subscribers must update their site to the latest software versions and use complex passwords that are difficult for attackers to guess, as well as use all available security systems to prevent login and password misuse, such as: restricting FTP access from certain IP addresses, using two-factor authentication with one-time passwords. In case of unauthorized access to the account, the Contractor has the right to restrict access until appropriate measures are taken by the Subscriber.
2. Spam Mailing
2.1. Ports 25, 465, and 587 are by default blocked for all subscribers using the virtual dedicated server service. They will be unlocked only after successful subscriber identification.
2.2. Any Subscriber who performs mass mailing of unsolicited emails (SPAM) will be immediately blocked with or without notification. Sites advertised using SPAM must not be hosted on our servers. Any account whose actions result in an IP address being listed in our company's blacklist will be immediately blocked.
3. Viruses
3.1. In the event that the Contractor detects viruses in the Subscriber's account, the Contractor will send a notification to the Subscriber about detected viruses, shell scripts, and other malicious software, requesting a prompt response to the email and cleaning the account of viruses. Failure to respond or inadequate response by the Subscriber may be grounds for blocking the sources of these viruses by the Contractor.
3.2. The Subscriber is fully responsible for all actions that occurred on their accounts, including cases of infection with viruses, shell scripts, and other malicious and dangerous software. This includes cases where the login and password to the account become known to third parties.
4. Resource Usage
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 virtual hosting.
4.3. Run any type of search indexers on virtual hosting servers. Exceptions are 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 containing more than 1000 tables. The total size of all user databases should not exceed 30% of the hosting plan's disk space.
4.6. The volume of updates made by the Subscriber's databases should not exceed 500 MB per day. Calculation is based on the volume of data written to the MySQL binary log.
4.7. Store mail larger than 1 GB in a single mailbox.
4.8. Store mail where the total volume exceeds the disk space allocated for the website.
4.9. Create backup archives if their size exceeds 3 GB. In case of creating backup archives with a total volume exceeding 10 GB per month, the Contractor reserves the right to refuse further archiving of files, while the Subscriber retains access to backup files for download via FTP.
5. Restrictions on Service Usage
5.1. Resources that are not restricted or described in the tariff plan as "unlimited" are designed to ensure that the Subscriber does not worry about sudden service stoppage due to exceeding limits, such as databases or mailboxes running out of space in the tariff plan. However, server and internet channel resources cannot be limitless, so the Contractor requires Subscribers to use the Contractor’s resources considering that they are needed by other Contractor's clients, who must have equal access to these resources as the Subscriber. To prevent excessive resource consumption by Subscribers, the Contractor reserves the right to limit the Subscriber's use of all or some resources.
5.2. The limit at which resources will be restricted is calculated based on consumption statistics. Monthly statistics vary, but one rule remains predominantly constant — 99.95% of Subscribers consume an acceptable amount of resources. The remaining 0.05% of Subscribers will receive a notification from the Contractor via email asking them to reduce resource consumption within 48 hours. If 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 When Receiving a Notice from the Contractor Regarding Copyright Infringement, and Legal Consequences for Non-Compliance with the Actions Provided by the Law of Ukraine “On Copyright and Related Rights”
6.1. The Subscriber must, within 24 hours from the moment of receiving from the Contractor a copy of a notice from a third party (hereinafter referred to as the “Claimant”) about the cessation of infringement of copyright, related or other intellectual property rights, or infringement in the field of e-commerce by the rights holder or their legal representative, perform the following actions:
6.1.1. May refuse to comply with the notice if:
- The Subscriber has the legal right to use the information specified in the notice, having sent a corresponding notification to the claimant and provided their details in sufficient volume for filing a lawsuit (full name or name 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 the legal entity abroad in the country of its location);
- The Subscriber is not the owner of the website specified in such a notice, and the website owner does not respond to the notice of rights infringement sent by the Subscriber (in this case, the internet page or website is subject to blocking by the Subscriber or the Contractor);
- The notice of infringement is drafted in violation of the requirements established by Article 52-1 of the Law of Ukraine “On Copyright and Related Rights,” of which, according to part 5 of the specified article, the Subscriber was informed by the claimant.
6.1.2. In the absence of the circumstances specified in p. 6.1.1. of these Terms, the website owner must immediately, but no later than 24 hours from the moment of receiving the notice of infringement, make it impossible to access the electronic (digital) information specified in the notice. The website owner informs the Contractor about the actions taken by sending a notification of the measures taken.
6.2. If, within 24 hours from the moment of sending the notice of infringement to the Subscriber, the Subscriber does not take the actions provided in p. 6.1. of these Terms, the Contractor will independently block access to the electronic (digital) information specified in the notice of infringement.
6.3. The Subscriber has the right to contact the Contractor from whom they received information about the actions taken, with a notice of refusal with the grounds and in the form established by Article 52-1 of the Law of Ukraine “On Copyright and Related Rights” (hereinafter — the Law), requesting the restoration of access to the electronic (digital) information. If such a request meets the requirements established by the Law, the Contractor must immediately, but no later than 48 hours after receiving it, send the claimant a copy of the notice. If the notice does not meet the requirements established by the Law for the “Notice of Refusal,” the Contractor informs the website owner about this.
6.4. The Contractor restores access to the electronic (digital) information on the tenth working day from the day the copy of the “Notice of Refusal” is sent to the claimant, if within this time period the claimant has not provided confirmation of the initiation of legal proceedings to protect their rights to the object(s) of copyright and (or) related rights concerning the electronic (digital) information for which the notice of infringement was filed.