BASIC CONCEPTS, TERMS AND DEFINITIONS
Service — a service or work provided (performed) by the Company in accordance with this Agreement;
Billing System — an automated system for recording the Services provided, their tariffing and issuing invoices for payment. The Company's Billing System is located at: cp.myhosti.pro;
Ticket System — the system of communication between the Company and the Client, organized through the Contractor's billing system;
Data Center (DC) — a specialized building for housing server and communication equipment and connecting to Internet channels; it is also understood as a third-party company(ies) (third party) providing services to the Company, except where the Company's own Data Center is meant;
Operating System (OS) — a set of control and processing programs that, on the one hand, act as an interface between the devices of a computer system and application programs, and, on the other hand, are designed to manage devices, manage computing processes, efficiently allocate computing resources between computing processes and organize reliable computation;
Software — a set of programs of an information processing system and program documents required for the operation of these programs;
Control Panel — software for remote administration of a web server through a browser;
Domain — a text record on a DNS server that allows access to the required resources by means of addressing;
Traffic — the volume of information transmitted over the Internet over a certain period of time;
Server — hardware allocated and/or specialized for running service software on it;
Dedicated Server — a type of hosting in which the Client is provided with a separate physical server in its entirety;
Company — the legal entity (commercial company) MyHosti, providing services under this Agreement;
Client — the User, a natural or legal person receiving the dedicated server and/or virtual dedicated server rental service described in Chapter 1 of this Agreement;
End User — a Client who does not provide the dedicated server and/or virtual dedicated server rental service;
Home Page — the MyHosti home page, located on the Internet at: www.myhosti.pro;
Server Blocking — the state of a dedicated virtual or physical server in which it cannot perform the tasks assigned to it, while nevertheless retaining all information in an up-to-date state;
Personal Data — data about a natural person received by the Company in connection with the provision of services under this Agreement;
RIPE NCC — the organization that manages the IP address space in the European region;
DoS, DDoS — an attack on a computer system aimed at disabling it.
SUBJECT OF THE AGREEMENT
The subject of this offer agreement for natural and legal persons is the provision by the Company of dedicated server rental services in the form of providing Clients with dedicated server resources with their connection to the Clients' local network and ensuring information exchange with the Internet (hosting), as well as hosting the Clients' information on them. The Agreement, with its terms governing the use and provision of services, constitutes an agreement for obtaining the service. The Client undertakes to pay for these services in the manner prescribed by this Agreement.
This Agreement is concluded for an indefinite term and enters into force from the moment of its acceptance described in clause 5.10 of this Agreement.
All additional services not described in clause 2.1 are provided to the Client in accordance with an additional agreement, which will be an integral part of this Agreement.
FEATURES OF THE COMPANY'S SERVICES
The Client independently monitors the operability of the physical dedicated server.
Registration and payment on the Client's personal account are carried out in the manner prescribed by Chapters 5, 6 and 7 of this Agreement in the MyHosti billing system at http://myhosti.pro and mean the Client's familiarization with, and full consent to, all terms of the Agreement.
This Agreement governs the relationship between the company MyHosti (hereinafter the Company) and a Client of the Company (hereinafter the Client). This offer agreement does not require signature in written form.
AREA OF RESPONSIBILITY
The quality of the Data Center network operation (up to the border routers) is ensured by the Company.
REGISTRATION PROCEDURE
If the Client wishes to receive the services provided for in Chapters 2 and 3 of this Agreement, the Client registers in the Company's billing system at cp.myhosti.pro.
The data specified in clause 5.1 must be accurate. The Client must be ready for verification of this data by the phone number provided. Otherwise, the Company has the right to refuse the Client the provision of services.
The Company does not require mandatory registration or the existence of a domain in order to use a dedicated server. During registration, it may be indicated that the domain already exists or is being registered with another company.
After registration, in the manner prescribed by clause 5.1 of the Agreement, the Client receives by e-mail an information letter and an SMS with all necessary technical data, as well as payment instructions.
The registration period is unlimited. After registration, the Client may pay for the ordered services at any time. However, payment will be made in accordance with the current tariffs, which the Client may review on the Company's website www.myhosti.pro.
If the Company cannot provide the service specified in Chapters 2 and 3 of this Agreement for technical, emergency or other objective reasons, the Client is refunded the funds in the manner prescribed by this Agreement.
If registration does not occur due to a mismatch of the Client's data or for other reasons, the Company may ask the Client to provide documents confirming their identity.
In the case of providing knowingly false data, or a mismatch between the IP and phone number and the specified location of the client, a scanned copy of utility/telephone bills with a payment stamp and indicating the address and the subscriber's first and last name may serve as a confirming document.
When the Client renews the Agreement (if it was suspended), the Company's verification of the Client's mobile phone number is performed automatically.
The registration described in this Chapter means the Client's consent (acceptance) to conclude this Agreement on the terms set out in it.
By accepting this Agreement, the Client confirms their consent to the Company's processing of the Client's data, on the terms and in the manner established by this Chapter.
The Client may withhold consent to the processing of certain data defined in the Agreement or withdraw previously given consent, for which they must submit a request in accordance with the terms of this Agreement.
All services attached to the Client's account belong to the person in whose name the account is registered.
Services must be paid for by the person in whose name the account is registered. If services are paid for by a third party, the account owner must notify of this in advance.
The Client is independently liable for any obligations and warranties arising from transactions and other relations with third parties. The Contractor bears no liability for the results of the Client's activities.
Payment by a third party must be confirmed by the fact that the third party paid on behalf of the Client in whose name the account is registered.
PROCEDURE FOR PROVIDING SERVICES AND PAYMENT
Services are paid by the Client independently using the Company's billing panel, except in cases of manual payment (manual payment is payment of the Company's invoice through a bank or office).
All services under this Agreement are provided only after the payment conditions described in this Chapter are fulfilled. No trial period is provided by the Company.
Payment is made at the Client's choice via the system located on the Company's main page at myhosti.pro, or manually, in accordance with the terms set out in clause 6.1 of this Agreement.
After the Client makes the automatic payment specified in clause 6.1, the fact of payment is recorded in the Company's billing system.
To make payment in manual mode, the Client must contact the Finance Department and agree on the payment procedure. The fact of payment is deemed to have occurred after its registration by an employee of the Finance Department in the Company's billing system.
The service in the billing system for the subsequent period must be paid no later than the date indicated in its validity period. Otherwise, the server will be blocked automatically within 24 hours after the payment deadline expires.
The information on the dedicated server is retained for 5 (five) days after the end of the payment period; after that the Company reserves the right to delete the Client's information and re-lease the server, including all information on the backup server for the dedicated server.
If the Client breaches payment by more than one day, 10% of the invoice amount is added to the unpaid invoice as a sanction for violating the payment deadline.
Unblocking of the dedicated server in the case provided for in clause 6.6 of this Agreement is performed within 24 hours after the full payment for the service is received. The Client is advised to create a ticket (i.e., notify the Company's customer department) about the payment made.
Upon the occurrence of the case described in clause 6.6, the Client must pay for the service, including the period for which the service was blocked.
The preparation time for a dedicated server is from 1 to 5 days.
The monthly payment period for a dedicated server is taken as 30 calendar days.
Payment by the Client for the Company's services in a currency other than EUR is made on the basis of the conditions specified in the Company's billing system at the time of payment.
The Client must pay for the Company's services in a timely manner.
If the Client incurs a debt, the Company has the right to assign the debt claim against the Client to a third party. In this case, the Client must pay not only the debt for the services consumed at the tariff, but also the costs associated with debt recovery.
The Company does not provide services on the basis of the principle of granting credit.
If the Client submits payment claims, which they may submit to the Company within one year from the moment they learned or should have learned of the grounds for the claim, they must pay in a timely manner for those services that they do not dispute.
If the Client, independently or with the assistance of third parties, requests a chargeback from the payment aggregator, a penalty of EUR 100 is charged to the client. The Client is obliged to settle any payment disputes directly with the Company.
The Client bears full responsibility for the consequences associated with payment by third parties for the services ordered by the Client. If, after payment by third parties, a chargeback was requested on their part, the Company also charges a penalty to the Client.
Renewal of a dedicated server for an incomplete reporting period (by days) is carried out at double the tariff.
Special tariff plans allow the purchase of a dedicated server at a special price.
Special tariff plans contain several configurations, which are described on the website or in the provider's specialized environment. When ordering, one of the available hardware units is issued.
For special tariff plans, one cannot request cancellation with a refund or request replacement of equipment if it is technically functional.
REFUND OF THE CLIENT'S FUNDS
The Client has the right to return their funds for unused services in accordance with clause 7.4 of this Agreement. These funds are credited to the Client's account in the Company's billing system and may be spent on any other services of the Company, transferred to another Client's account, or refunded to the Client. The refund is made:
to an E-wallet in the WebMoney payment system;
to a plastic card or PayPal, provided the invoice was paid via a plastic card or PayPal;
to the Client's bank (settlement) account.
The refund specified in clause 7.1 is made within 30 calendar days.
To obtain a refund, the Client must create a ticket to the Finance Department.
Only the actually paid unused amount is refunded to the Client. Refunds are made only for the main service, such as:
Dedicated server.
The refund provided for in clauses 7.1 and 7.4 of this Agreement is made only for full unused months.
A commission of 10% is also withheld from the refund amount when refunding to WebMoney, a credit card or PayPal. When refunding to the Client's bank account, a commission of 10% of the amount is withheld, in addition to the commission for the payment order, which depends on the country of the Client's bank.
If, through the fault of the Client to whom the refund is made, damage was caused to the Company (disconnection of servers, networks, an IP being placed on a black-list, etc.), this damage is compensated by the Client out of the refund amount in the course of pre-trial or judicial proceedings.
RIGHTS AND OBLIGATIONS OF THE CLIENT
Under the terms of this Agreement, resale of the Company's services is permitted.
After the Client's registration, when root access to the server is granted to them, responsibility for the use of the server passes to the Client on the terms set out in this Agreement.
The Client has the right to install and use any software on their dedicated server, provided that it is legal and does not violate the applicable norms of copyright and related rights under the international treaties in force in this field — in particular the Berne Convention for the Protection of Literary and Artistic Works, the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT), together with the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations — as well as the applicable legislation of the European Union and the United States, and does not violate norms of ethics and morality.
The Client is likewise obliged to ensure that all materials they place (including links to them), the software used and the content hosted on the server comply with, and do not violate, the applicable norms of copyright and related rights under the international treaties indicated above and under the legislation of the country in which the Client is located, as well as other norms of law, ethics and morality.
In exercising their rights set out in clause 8.3, the Client bears full responsibility for their public statements on their dedicated server and for actions directed against the Company or against other users in a cynical or other inadmissible form contrary to generally accepted norms of morality and ethics.
The Client may not use non-existent return e-mail addresses, carry out mailbombing, SPAM mailings by e-mail, SPAM on forums, guest books, and similar online communities.
If the Client commits the violations set out in clauses 8.4–8.6 of this Agreement, the Company has the right to block the Client's dedicated server in accordance with clause 8.9 of this Agreement.
All matters related to the operability of the Client's server are accepted only through the Company's ticket system, in the manner established by Chapter 5 "Registration Procedure". When contacting, all required data must be indicated.
If the Client fails to take measures in response to a complaint received, as well as in the case described in clause 9.4 of this Agreement, the Company and the Company's Data Center reserve the right to block the Client without additional notice.
The Client bears material liability for causing damage to the Company if they misuse BIOS settings, as a result of which the Data Center's equipment fails. Such damage must be compensated by the Client in full in the course of pre-trial or judicial proceedings.
Under the terms of this Agreement, it is inadmissible for the Client to connect additional IP addresses not allocated to the server on their own initiative. Otherwise, the server is automatically blocked by the Company, of which the Client is informed by the Company through the ticket system.
If the Client's dedicated server is blocked on the basis of a complaint and/or as a consequence of other reasons more than once a month (network scan, outgoing and incoming DDoS attack), the Client must pay an unblocking penalty of EUR 30 for each subsequent unblocking, except for the first one.
The Client is obliged, at the Company's request, to confirm the personal data indicated in the personal account.
The Company chooses the procedure for confirming personal data at its own discretion.
Confirmation of personal data is performed for the account administrator.
RIGHTS AND OBLIGATIONS OF THE COMPANY
The Company's services are provided in accordance with the terms set out in this Agreement. Amendments to this Agreement are made in the manner prescribed by Chapter 20 "Amendment of the Agreement and Withdrawal from the Agreement".
The Company is not liable to the Client for the unlawful actions of third parties as a result of which the Client's confidential information may be disclosed or other actions may be committed resulting in damage to the Company's equipment or the theft and/or damage of the Client's information. The Company is not liable for the impossibility of access to services through the fault of third parties (for example, Internet providers), but the Company takes all necessary and possible measures to eliminate the adverse consequences of such actions.
The Company has the right to suspend the operation of Clients' services and servers due to DDoS or other network attacks, for scheduled maintenance, or in the case of force majeure circumstances.
The Company is responsible for the speed of access to the Client's resources and the availability of the Client's resources only within the Company's Data Center.
The Company is not liable for the operation of software installed by the Client, in accordance with clause 8.3 of this Agreement, on the Company's servers, including software purchased through the Company's billing system.
The Company has the right to withdraw additional IP addresses unused by the Client, as well as in the case of the use of IP addresses for purposes other than those indicated in the application for their acquisition. Payment for the installation and use of IP addresses is not refunded.
The Company has the right, before the server is issued to the Client, to replace the components of the dedicated server with ones of equivalent or better characteristics — without prior notice to the Client.
The Company disclaims responsibility for decisions regarding the Client in the case of the Client's violation of copyright and related rights in the absence of clear evidence (notarized documents, court decisions) of rights to content in any form (text, graphic, video, with the exception of software).
Since the Company's Data Center has its own complaint-handling service and independently decides on the validity of complaints against the Company's Client, the Company disclaims responsibility before the Client for the Data Center's actions in processing and responding to complaints (blocking, deletion) and has the right to block the Client's services on a preventive basis until the violation identified by the Data Center's complaint-handling service is remedied. Decisions of the Data Center's complaint-handling service may be appealed by the Client directly with the Data Center; the Company is not liable for the invalidity of the Data Center's decisions regarding the Client and their consequences.
The Company has the right to charge additional payments, in addition to those indicated on the website, including for operations related to the unblocking of servers/IP addresses of the Customer that were blocked through the fault of the Customer.
The Company has the right to refuse the Client further cooperation if, within six months, more than one complaint regarding the hosting of child pornography was received concerning the client's server.
Correspondence and/or negotiations between the Company's employees and the Client in the ticket system at https://cp.myhosti.pro and any other information systems of the Company, including, but not limited to, e-mail, online chat, communications by telephone and/or IP telephony, does not constitute protected personal data and may be freely used by the Company for purposes not contrary to the applicable legislation (including, but not limited to, advertising purposes), and to moral and ethical norms, including without the Client's consent, provided that all objects that could be classified as the Client's personal data and could allow the Client to be unambiguously identified with the correspondence and/or negotiations used are removed from it.
The Company has the right to independently obtain access to the Client's server if the Client grants one-time consent through the ticket system.
TRAFFIC CONTROL
The Client is obliged to control all traffic generated by their dedicated server. The traffic statistics obtained by means of the hardware and technical complex of the Company and the Data Center are accepted as the only correct ones.
Traffic counting for dedicated servers is carried out by calendar months, regardless of the server's payment date.
On dedicated servers, the total volume of incoming and outgoing traffic is accounted for.
Control of the amount of traffic consumed is carried out by the client independently; if necessary, at any time the Client may request from the Company statistics on the traffic consumed on the basis of the Company's indicators.
The Company and the Data Center have the right to block the client's servers in the event of an incoming DDoS attack for the entire period of the attack.
Exceeding the traffic specified for each dedicated server at myhosti.pro leads to a reduction in the connection port speed to 10 Mbit/sec. This restriction applies permanently and may be lifted only if the Client agrees to pay for the possible traffic overage, calculated at the price of EUR 1.99 per 1 TB (in this case, the port speed is maintained at 200 Mb/sec for any traffic volumes).
If the server is disconnected due to a DDoS attack, traffic is also counted by the Data Center.
Payment for additional traffic must be made at the moment of its increase.
The minimum guaranteed connection speed to servers via the SCP and FTP protocols is not more than 200 Kbit/sec, the maximum being not more than the overall limit for the given server.
PROHIBITED CONTENT AND SOFTWARE
Posting on dedicated servers of pornography websites, links to them, erotica, links to it, or advertising with erotic or pornographic content is prohibited.
Posting of IRC services on dedicated servers is prohibited.
Posting on dedicated servers of software for mass mailings, message submitters, botnets, grabbing, phishing, and other purposes clearly contrary to legitimate operation on the Internet is prohibited.
Posting on dedicated servers of open proxy, open VPN, open DNS resolver, and other publicly accessible services (including with paid or private access) that may serve as auxiliary means for unlawful actions on the Internet is prohibited.
Posting on dedicated servers of network scanners, proxy checkers and similar software is prohibited.
Posting of tor on dedicated servers is prohibited.
Links on dedicated servers to software and content that is unlicensed are prohibited, even if it is not stored on the Client's server.
Deletion of resources violating intellectual property, copyright and related rights of the country of location, as well as international copyright and related-rights law (the Berne Convention, the WIPO Copyright Treaty (WCT), the WIPO Performances and Phonograms Treaty (WPPT) and the Rome Convention) and the applicable legislation of the European Union and the United States, must be carried out within 24 hours; otherwise, the server's IP will be blocked by the Data Center.
Posting on dedicated servers of any software related to the "mining" of cryptocurrencies (BitCoin etc.) is prohibited.
Cardsharing is prohibited on dedicated servers.
Posting on dedicated servers of gambling services (any games of chance), including affiliate programs related to them, is prohibited.
Posting on dedicated servers of projects relating to the HYIP sphere, including affiliate programs, monitors, etc., is prohibited.
Posting on dedicated servers of projects relating to financial pyramids (or having any of their signs) and related to financial activity that does not have the corresponding licenses and permits is prohibited.
Posting on dedicated servers of websites of a pharmaceutical nature that do not have the corresponding licenses to sell pharmaceutical goods is prohibited.
ADDITIONAL SERVICES FOR DEDICATED SERVERS
The allocation of additional IPs for dedicated servers is carried out upon a request to the Customer Service Department. The request must indicate the purpose of use of the IP and the invoice issued must be paid. The application is forwarded to and considered by RIPE NCC. The period for IP allocation is up to 5 working days. RIPE NCC has the right to refuse the issuance of an IP if the purposes of use do not comply with the RIPE NCC governing document (IPv4 Address Allocation and Assignment Policies for the RIPE NCC Service Region). The current version of this document can be reviewed at www.ripe.net.
IP-KVM may be connected by contacting the Technical Support Department for dedicated servers. In some cases, if no free KVM sets are available, IP-KVM is not connected.
Connecting a disk image to KVM and installing the OS of the Client's choice is carried out by the Company's specialists (for commercial software, a license must be provided) and costs EUR 40.
Any upgrades and installation of additional hardware are possible only subject to monthly payment for the flexi-pack service. Advanced configuration costs EUR 15 per month.
If the Client declines additional services such as Windows rental, the flexi-pack service and additional hardware after the Data Center's invoice for their renewal has been issued, the client pays the issued invoice including the cost of the additional services they decline.
The service of transferring a server to the Client's account in the billing of the company HETZNER Online is possible only subject to payment of a compensation payment in the amount of 100% of the setup fee under the current tariff indicated on the website www.myhosti.pro. If there is no setup fee for the given server configuration, the Client pays a compensation payment in the amount of the monthly server rental fee under the current tariff.
SMS AND E-MAIL NOTIFICATION
Registration in the Company's billing system means the Client's automatic consent to receive informational e-mail and SMS messages, including offers of the Company's services.
Opting out of receiving notifications is possible only in the case of complete closure of the Client's account.
The Company is not responsible for the Client's non-receipt of important informational messages via e-mail and SMS channels, due to the unreliability of these information delivery channels.
ESSENTIAL TERMS FOR THE ALLOCATION OF IPv4 ADDRESSES AND SUBNETS
Due to the complete exhaustion of the IPv4 address space, no IP subnets are allocated to dedicated servers. The need for IP addresses must be agreed upon before ordering. In the event of refusal to provide IP addresses, no refund for the service is made.
THE COMPANY PROVIDES ONLY PAID TECHNICAL SUPPORT
The Company provides technical support for the operations listed below.
General operations.
Installation / reinstallation of the operating system (if there is no need to connect an image). For Windows and FreeBSD OS, the technically optimal partitioning is used.
Resetting the administrative/root password of the operating system.
Adding additional IPs to the server.
Changing the time zone.
Rebuilding a software RAID array after replacing a hard disk (also performed for FreeBSD).
Performing a RAM test (memtester), performing hard disk tests, performing a processor test (please note that memory and processor tests require the server to be switched off for a period of up to 5–12 hours).
Migration of websites from other hosting providers is possible if there is the technical capability, which is assessed by a Company specialist in the course of discussion with the Client through the ticket system.
Performing diagnostic work to determine the causes of the non-operability (partial non-operability) of both websites and the server.
Standard server check for viruses with the AVG antivirus (not including checking website code).
Russification of Windows 2008, 2012.
General operations are performed only for the OS Debian Linux, CentOS Linux.
Installation / configuration of software.
Control panels.
Installation of a hosting control panel.
PHP extensions.
Installation of mod_fcgid (PHP as FastCGI, installation is performed only if the ISPManager panel is present).
Installation of eAccelerator (accelerating website operation by caching PHP opcode).
Installation of IonCube (required for encrypted scripts).
Installation of Zend Optimizer (required for encrypted scripts).
Installation of PHP modules from the standard repository (curl, gd2, imagick, iconv).
Rebuilding PHP without the suhosin patch.
Rebuilding PHP to support Bundled GD (Debian only).
Other software.
Installation of Nginx as a reverse proxy to reduce server load, accelerate website operation and serve static content (without cache configuration; installation is performed only if the ISPManager panel is present).
Installation of mod_rpaf, mod_rpaf 2 (required when using Nginx for correct display of visitor IPs).
Installation of Java JDK/JRE.
Installation of Red5.
Installation of Sphinx for MySQL (full-text search system for the database).
Installation of Memcached.
Installation of OpenVPN (Debian only; in the case of a VPS, a deposit payment is required in accordance with clause 14.1).
Resetting the MySQL password.
Installation of rkhunter (software for detecting rootkits).
Installation of the AVG antivirus (software for detecting viruses; installation is performed only in manual-launch mode, without automatic monitoring).
Installation of Ejabberd (Jabber server, Debian only).
Installation of Django (Debian only).
Unless otherwise indicated in this Chapter, software installation is possible only for the OS Debian Linux and CentOS Linux (stable versions). Software installation is carried out in the most technically optimal configuration. If substantial changes to the configuration are necessary, additional agreement with the Client through the ticket system is required.
The versions of the installed software are selected on the basis of technical expediency determined by a Company specialist (preference is given to versions available in the repository). All operations not explicitly indicated in this list are performed after agreement with technical support through the ticket system. The most technically complex tasks are handled as paid administration.
The Company does not guarantee the full operability of servers or websites after system administration work is carried out, due to the high complexity and multifaceted nature of the systems and the presence of factors beyond the Company's control.
REGULATIONS FOR PROCESSING COMPLAINTS CONCERNING SERVERS LOCATED IN THE DATA CENTER
The following materials are prohibited on servers (deletion of these materials must be carried out within 24 hours after receipt of the complaint; otherwise, the Company reserves the right to block the server's IP address):
pornography websites, links to them, erotica, links to it, or advertising with erotic or pornographic content;
IRC services;
software for mass mailings, message submitters, botnets, grabbing, phishing, and other purposes clearly contrary to legitimate operation on the Internet;
torrent clients and trackers;
open proxy, open VPN, open DNS resolver, and other publicly accessible services (including with paid or private access) that may serve as auxiliary means for unlawful actions on the Internet;
network scanners, proxy checkers and similar software;
links to software and content that is unlicensed, even if it is not stored on the Client's server;
any software related to the mining of cryptocurrencies (BitCoin etc.);
cardsharing;
gambling services (any games of chance), including affiliate programs related to them;
projects relating to the HYIP sphere, including affiliate programs, monitors, etc.;
projects relating to financial pyramids (or having any of their signs) and related to financial activity that does not have the corresponding licenses and permits.
Complaints about copyright infringement, defamation, or theft of intellectual property are accepted only if supporting documents or a court decision are provided.
Deletion of materials containing child pornography (as well as links to them, even if the materials are located not on the Client's server) must be carried out within 3 hours after receipt of the complaint; otherwise, the Company reserves the right to block the server's IP address.
The maximum response time to complaints received from CERT-EE (https://www.ria.ee/cert) is 4 hours; otherwise, the Company reserves the right to block the server's IP address.
LIABILITY OF THE PARTIES, DISPUTE RESOLUTION
In the event of violations of the terms of the Agreement by the Client as set out in clauses 8.4, 8.5 and 8.9 of the Agreement, the Company has the right to demand from them compensation for the direct material damage caused to it by such violation.
Violations of obligations caused by the occurrence of force majeure circumstances are deemed excusable and do not entail liability.
Force majeure consists of such unforeseen circumstances, independent of the parties, occurring after the conclusion of the Agreement by the parties (war, earthquake, flood, fire, hurricane, prohibitions on activity by the authorities, strike, unrest, etc.) that they make partial or full performance of this Agreement impossible.
The parties extend the deadlines for the performance of obligations indicated in the Agreement by the duration of the force majeure circumstances accordingly.
If the force majeure circumstances continue for more than four months, both parties have the right to terminate the Agreement. In this case, the expenses incurred in the course of performance of the Agreement are not compensated.
A party that has failed to notify the other party in writing within ten days of the occurrence of force majeure circumstances may not invoke such circumstances.
All differences existing between the parties are resolved by negotiation or correspondence. If they cannot be resolved in this way, they may be resolved in court in accordance with the law of the state of the Client's place of residence.
AMENDMENT OF THE AGREEMENT AND WITHDRAWAL FROM THE AGREEMENT
The Company has the right to unilaterally amend the tariffs indicated in the Price List on the Company's home page and in this Agreement. The Company may also unilaterally amend other terms if they follow from legislative acts, customs existing in the professional sphere, from practice established between the parties, or in connection with technical or innovative development. Amendments may also be introduced in connection with the introduction of more specific norms of conduct for the parties in achieving the purpose of this Agreement. The Company notifies the Client of changes to the terms of the Agreement through a notice on the home page no later than 7 days before such changes take effect. Thereafter, the amended terms are introduced into this Agreement.
The Company is not obliged to notify the Client in advance of changes if it reduces prices or introduces other improvements for the Client.
If the Client disagrees with changes to the terms of the Agreement, they may withdraw from this Agreement within one month from the moment of publication of the amended terms, of which they must notify the Company. If they accepted the amended terms by tacit declaration of intent, the Agreement is deemed to enter into force in full.
Each party is obliged to notify the other of changes to its data relevant to the Agreement as quickly as possible, and no later than within ten calendar days from the moment of such changes.
The Client has the right to withdraw from the Agreement without stating a reason, by notifying the Company in writing or through the ticket system no later than 7 calendar days in advance. Withdrawal from the Agreement does not release the Client from the obligation to perform obligations that arose during the term of the Agreement.
The Company has the right to withdraw from the Agreement for valid reasons independent of the company, notifying Clients of this two calendar months in advance.
The Company has the right to withdraw from the Agreement without prior notice if the Company's activity is restricted in accordance with law, subordinate legislation or an agreement.
In the cases listed in clauses 19.6 and 19.7, the Company refunds the Client the funds for obligations it has not performed.