OFFER FOR THE PROVISION OF HOSTING SERVICES
The "MyHosti" Service, hereinafter referred to as the "Contractor", expresses its intention to conclude an agreement for the provision of hosting services with natural persons on the terms of this offer.
TERMS AND DEFINITIONS
Offer — this document, published on the website at https://myhosti.pro/documents/oferta.
Acceptance of the Offer — the full and unconditional acceptance of the Offer by performing the actions specified in clauses 4.1–4.4 of the Offer.
Customer — the person who has accepted the Offer and is a consumer of hosting services under the concluded Agreement.
Agreement — the agreement between the Customer and the Contractor for the provision of information services, which is concluded by Acceptance of the Offer.
Hosting services — services for the provision of computing capacity for hosting information in an information system permanently connected to the Internet.
Software services — services for the use of software intended for the registration, re-registration (renewal) of domains and the management of domain names, as well as services for the provision of software tools for managing hosting services.
Hosting Services (aggregate) — the totality of hosting services, the additional services related to them, and the software services provided upon the Customer's requests in accordance with the Contractor's tariff plans.
Website — the totality of computer programs and other information of the Contractor on the Internet.
Request — the result of the Customer's actions performed using the software tools of the Website or other software provided by the Contractor, reflecting the composition and list of hosting services that are mandatory for the Contractor to provide.
Registration Data — the list of mandatory information, determined by the Contractor, provided by the applicant during the initial formation of a Request for the provision of hosting services and available for subsequent editing by the Customer through the personal account on the Website.
Credentials — data provided to the Customer by e-mail or through other software tools of the Contractor for the purpose of obtaining access to hosting services.
SUBJECT OF THE OFFER
The Contractor undertakes, during the term of the Agreement, to provide the Customer with hosting services, and the Customer undertakes to pay for these services. If the Customer cannot pay for the services on time, they must notify the Contractor of the deferral of payment. Suspended services are deleted 3 days after suspension.
This Agreement has the nature of a public offer and, in accordance with the applicable norms of international law, has due legal force.
RIGHTS AND OBLIGATIONS OF THE PARTIES
The Contractor is obliged to:
Provide the Customer with Credentials in a timely manner.
Ensure, in the provision of services, the uninterrupted operation of the Contractor's equipment and software for not less than 98% of the time during a month.
Inform the Customer about planned measures that entail a temporary suspension of the performance of the Agreement or a change in the terms of its performance, not later than 3 (three) hours before they are carried out.
Notify the Customer not less than 10 calendar days before a change in tariffs or tariff plans, by means of the Website and (or) e-mail.
The Customer is obliged to:
Provide accurate Registration Data and make changes to it in a timely manner.
Ensure the confidential storage of Credentials and prevent their compromise.
Immediately notify the Contractor in the event of loss or the existence of reasonable suspicions regarding a breach of confidentiality (compromise) of the Credentials.
Use the services in accordance with the terms of the Agreement, the applicable norms of international law, and refrain from committing the following actions:
publication or transmission of any information whose dissemination contradicts the applicable norms of international law;
publication or transmission of information unlawfully obtained that is fully or partially protected by copyright and/or related rights without the permission of the rights holder, in particular under the Berne Convention for the Protection of Literary and Artistic Works, the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT);
publication or transmission of any information that contains viruses or other malicious components;
publication or transmission of pornographic materials;
mass distribution of advertising and other information by e-mail without the prior consent of the addressee (spam);
falsification of the IP address, as well as of other identification data used in network protocols, when transmitting data on the Internet;
the organization of a proxy server or a virtual private network (VPN) server, as well as the installation on a hosting account of software related to proxy servers and VPNs;
the commission of actions aimed at disrupting the normal functioning of elements of the Internet (computers, other equipment or software);
the commission of actions aimed at obtaining unauthorized access to an Internet resource (a computer, other equipment or an information resource), the subsequent use of such access, as well as the destruction or modification of data on that resource.
In the event of claims and/or demands and/or lawsuits being brought against the Contractor by third parties in connection with the Customer's breach of any of the obligations provided for in clause 3.2.4, the Customer shall independently take all necessary measures to settle possible disputes, and the Customer undertakes to fully reimburse the Contractor for the expenses and losses associated with compensating the above-mentioned demands and/or claims and/or lawsuits of third parties.
Not to shift onto the Contractor liability for damage of any kind caused by third parties who obtained access to the Customer's identification parameters and/or resources through the Customer's fault.
The Customer has the right to:
At any time, check the progress and quality of the services provided by the Contractor.
Terminate the Agreement unilaterally, while reimbursing the Contractor for the expenses actually incurred by it in performing the Agreement as of the moment of its termination.
Demand a recalculation in the event of interruptions in the provision of services or in the provision of services of reduced quality, in the manner provided for by the Agreement.
The Contractor has the right to:
At its own discretion, engage third parties to perform the Agreement.
Change the cost and parameters of tariffs or tariff plans unilaterally not more than three times a year.
Suspend, during the term of this Agreement, the provision of hosting services for a period of not more than four hours per month for the purpose of carrying out planned technical maintenance of communication facilities and other equipment used for their provision.
Suspend the provision of services in whole or in part in the event of the Customer's breach of the terms of the Agreement, until they are remedied.
Suspend, block or prohibit the use of the Customer's software if the operation of such software leads or may lead to emergencies, a breach of the security system or the terms of provision of services.
Suspend the provision of services in whole or in part if the load created by the provided computing capacity, as well as by incoming or outgoing Internet traffic, creates unacceptable conditions for the operation of the Contractor's technical facilities or affects the quality, including the security, of the provision of services to other clients of the Contractor.
Demand confirmation of the data under which the account is registered, at its own discretion.
The Contractor is not liable:
For the quality and uninterrupted functioning and availability of individual segments of the Internet maintained by third parties;
For the availability of information posted by the Customer to all segments of the Internet, due to the specific features of the functioning of segments maintained by third parties;
For the information posted by the Customer, and for the operability of software installed without the Contractor's participation;
For the operability and compatibility of software developed by the Customer or by third parties;
For the operability of the software tools provided by the Contractor if, through the Customer's fault, changes were made to the software tools;
For access by third parties to the Customer's closed information, including Credentials, occurring through the Customer's fault, as well as for the consequences of such access;
For damage of any kind incurred by the Customer due to the Customer's disclosure of their Credentials;
For damage that may be caused to the Customer as a result of the performance of the Agreement;
For the integrity and timeliness of backing up the Customer's data, as well as for the quality, timeliness and completeness of the measures taken by the Contractor in the event of actions by third parties aimed at bringing the computing capacity provided to the Customer to a failure of its normal operability (a DoS attack);
For the accuracy of the Registration Data provided by the Customer;
For the operability of third-party software tools intended for the exchange of data in machine-readable format.
ACCEPTANCE OF THE OFFER AND CONCLUSION OF THE AGREEMENT
For the purpose of forming an initial Request for the provision of services, a person intending to accept the Offer transmits accurate information about themselves and about the required hosting services by filling in the Registration Data through a form on the Website https://myhosti.pro or https://cpmyhosti.pro.
After the submission of the Request specified in clause 4.1, the Contractor issues an invoice for payment.
The Customer accepts the Offer by paying for the Contractor's services in accordance with the issued invoice for payment.
The acceptance period is 5 (five) business days from the moment the invoice for payment is issued.
FEATURES OF THE PROVISION OF SOFTWARE SERVICES
The provision of software services is carried out if there are sufficient funds in the Customer's personal account; funds are debited from the personal account immediately after the service is provided, if payment for such a service is provided for by the tariff plan.
The Contractor determines, at its own discretion, the list of authorized domain name registrars, as well as of other third parties engaged in the process of providing software services.
The Customer has the right to choose a domain name registrar from among those offered by the Contractor in the process of providing the software service.
Payment for domain name registration services is made from the Contractor's settlement account. The cost of registration is included in the tariff approved by the Contractor.
The Customer is obliged to independently carry out actions in the process of using the software service and bears responsibility for such actions.
The Customer is obliged to independently familiarize themselves with and monitor any changes in the Domain Name Registration Rules of each of the domain zones, to bear responsibility for their compliance, and to bear responsibility before the authorized domain name registrars during the term of administration of the domain name.
For the purposes of performing the agreement, the Customer is obliged to provide all information requested by the software tool that is necessary for the provision of software services.
TERM OF VALIDITY AND AMENDMENT OF THE TERMS OF THE OFFER
The Offer enters into force from the moment of its publication on the Contractor's Website and is valid until the Offer is withdrawn by the Contractor.
The Contractor reserves the right to make changes to the terms of the Offer or to withdraw the Offer at any time at its own discretion.
LIABILITY OF THE PARTIES
The Parties are liable for the non-performance or improper performance of their obligations under this Agreement in accordance with the terms of the latter and, in the part not regulated by the Agreement, in accordance with the applicable norms of international law.
The Customer is aware of the most important functional properties of the services provided. The Customer bears the risk of the software used under the Agreement meeting their needs. The Contractor is not liable for any losses arising as a result of the improper performance or impossibility of performance of the Agreement, if such losses did not arise through the Contractor's fault.
In connection with the use, in the performance of the agreement, of computer and other equipment, communication channels and/or computer programs belonging to third parties, the Parties agree that the Contractor is not liable for any delays, interruptions, direct and indirect damage or losses occurring due to defects in any electronic or mechanical equipment and/or computer programs, or as a result of other objective technological causes, as well as as a result of the actions or inaction of third parties, problems in data transmission or connection, or power supply interruptions occurring otherwise than through the Contractor's fault.
In the event of a breach of the guaranteed uninterrupted operation time, the Contractor performs a recalculation for the services provided on the basis of an application by the Customer and if the Contractor is at fault.
A recalculation for services related to the operability of equipment may be carried out only for that period of time which exceeded the guaranteed equipment operability time. The funds obtained as a result of the recalculation are used to provide services in subsequent periods of their provision.
The Contractor's liability for non-performance of obligations under this Agreement may not exceed the cost of performing the Agreement for one calendar month.
In the event of breaches provided for in clause 3.2, the Contractor keeps a record of penalty sanctions, and upon reaching the maximum number, the service is blocked.
TERM OF THE AGREEMENT. PROCEDURE FOR AMENDMENT AND TERMINATION
This Agreement enters into force from the date of its conclusion and is valid indefinitely.
Upon termination of this Agreement on any grounds, its provisions will apply to the relations of the Parties until the complete final settlement of mutual accounts and the transfer of the necessary documentation.
The Agreement may be terminated by agreement of the parties.
The Agreement may be terminated at the Contractor's initiative out of court in the event of non-payment for services for two months from the moment of their suspension.
PROCEDURE FOR RESOLVING DISPUTES
In the event of a breach of the terms of this Agreement on the part of the Contractor, the Customer undertakes to send a claim not later than 7 (seven) days from the date of discovery of such breaches. The Contractor has the right not to consider claims sent by the Customer later than the above period. The Contractor undertakes to respond to the Customer's claim not later than 10 (ten) business days from the date of its receipt.
Disputes concerning the Customer's payment of a debt overdue by more than 30 (thirty) calendar days may be referred to court without complying with the pre-trial procedure for resolving the dispute.
If the Parties do not reach agreement on the matters set out in the claim procedure, the dispute is referred for consideration to the court at the Contractor's registered address.
REFUND OF FUNDS
The Client has the right to return funds for unused services in full; the funds are credited to the client's internal account in the company's billing system and may be spent on any other services of the company or transferred to another client's account. To process a refund, you must create a ticket to the support service, in which you must indicate:
The order number to be cancelled.
The reason for refusal.
Please note:
a refund is made only after the complete suspension of the service (cancellation);
the refund processing time may range from 1 to 45 days;
the refund is made to the client's balance in MyHosti or to a payment system, at the Company's discretion;
from the refund amount for virtual dedicated servers, the cost of 1 (one) full month of service at the current tariff is deducted;
a full refund is possible only within 14 days after ordering the service, provided that the service was not used, or if there are confirmed and evident technical problems with the equipment.
Any blocking on the part of regional Internet providers, as well as blocking and restriction of access on the part of state regulatory authorities, are not grounds for a refund.
The Company reserves the right to request additional documents to confirm the right to a refund.
FINAL TERMS
Any notifications permitted and/or required under the Agreement must be sent by the Parties by e-mail from and to the addresses specified by the Customer in the Registration Data, and by the Contractor on the Website. A notification is deemed delivered from the moment of its receipt by the notified Party.
The Parties undertake to independently and promptly check correspondence sent by the above methods.
The terms of this offer do not apply to relations with legal entities or individual entrepreneurs.
Without prejudice to the foregoing, the Contractor is released from liability for a breach of the terms of the Agreement if such breach is caused by the operation of circumstances of force majeure (vis major), including: actions of state authorities, the adoption of legal acts, fire, natural disasters, strikes, civil unrest, riots, and any other circumstances, without being limited to those listed, that may affect the Contractor's performance of the Agreement.