On the provision of services for the sale and activation of software licenses and SSL security certificates and for administration services, hereinafter referred to as the Services of the "MyHosti International" service, hereinafter referred to as the Contractor, to any legal or natural person, hereinafter referred to as the User. Together, the Contractor and the User are referred to as the Parties.
This proposal, in accordance with the applicable norms of international law governing the conclusion of contracts (in particular, the UNIDROIT Principles of International Commercial Contracts and the United Nations Convention on Contracts for the International Sale of Goods, Vienna, 1980), is a Public Offer, and the unconditional acceptance of its terms is deemed to be the fact of the Customer's transfer of funds to the Contractor's account, as recognized under the applicable rules on the conclusion of contracts by electronic means (the UNCITRAL Model Law on Electronic Commerce, 1996).
GENERAL PROVISIONS
Terms and definitions used in this Offer
a) User — the person who accepts the terms of this offer and uses the Contractor's services.
b) Software Product, Program, Software, License — a computer program, a non-exclusive license for which is granted to the User for use during the paid period.
c) Developer — the holder of the exclusive right to computer programs, who grants the right to temporary use of its software products.
d) Licensing System — a set of programs on the Developer's side that makes it possible to control the User's right to use the Software on the basis of keys, or by binding to the IP address of the server on which the Software is installed.
e) Contractor's Website — https://myhosti.pro
f) Billing Panel, Ticket System — the systems of interaction between the User and the Contractor, located at https://cp.myhosti.pro
The Services consist in providing the User with:
unique login and password enabling them to place orders for software and support services through the Contractor's website;
acceptance of payment from the User and activation of the Software Product in the Developer's Licensing System;
installation of the Software and consultations on its operation, if this is stipulated by the tariff plan;
transmission to the Developer's Licensing System of the User's actions for managing the Service — modification or deletion of the Service and change of the service information (in accordance with the Developer's rules) necessary for the Developer's Licensing System to identify the User;
other works as agreed by the parties.
The Services do not include the configuration or diagnostics of the User's equipment used to access the Contractor's services, nor training in the skills of working on the Internet.
Technical Support Services
The Contractor provides the User with technical support services within the framework of the services provided, by means of the ticket system, e-mail and the telephone technical support service. Consultations may include assistance in installing or updating the Program, as well as the resolution of other matters stipulated by the tariff plan. If it is impossible to resolve a matter, the Contractor has the right to forward the request to the developer with mandatory notification to the User. The Contractor offers several basic types of technical support (tariffs). If it is impossible to resolve a matter through the Contractor's own efforts, the Contractor is not liable for the final resolution of the matter.
The Developer and holder of the exclusive right to the software products are:
ISPmanager, BILLmanager, DNSmanager, VMmanager, IPmanager, DCImanager — ISPsystem, JSC "ISPsystem" (https://www.ispsystem.ru)
DirectAdmin — JMBC Software (https://directadmin.com)
cPanel, cPanel Optimized (VPS) — cPanel, Inc (https://cpanel.net)
Plesk — Plesk International GmbH (https://www.plesk.com)
Virtuozzo Containers — Parallels International GmbH (https://www.parallels.com)
GetTrust, RapidSSL, Symantec, VeriSign, Thawte — DigiCert Inc. (https://www.digicert.com)
A detailed description of the software offered, including information about the supported operating systems, is provided on the Developers' Internet websites indicated above. The User is also entitled to clarify this information with the Contractor. The Contractor sells and supports the products on the basis of the documentation provided by the developer.
The Contractor is not liable for the completeness of the technical support provided.
RIGHTS TO USE THE SOFTWARE PRODUCTS
The User is permitted to use the Software by reproducing the Software Product, by recording a copy of the Software Product in the computer's memory.
The User is prohibited from modifying the Software Product, i.e. from making any changes to it, except for:
a) changing the settings of the Software Product or other similar changes made by using the user-interface capabilities of the Software Product described in the documentation (Accompanying Materials);
b) adaptation, i.e. changes, irrespective of the manner in which they are made, that are carried out exclusively for the purpose of the Software Product functioning on the User's specific technical means or under the control of the User's specific programs;
c) installation of updates to the Software Product released by the developer company;
d) refinement of the Software Product by means of the described and permitted plugin system.
The User is permitted to use the Software Products strictly in accordance with their direct purpose; the use of the Software Products for purposes not provided for by their functionality, as well as otherwise than in accordance with their technical description and the recommendations of the Licensor (which may be set out, among other places, in the documentation and Accompanying Materials), is recognized as a material breach of the agreement.
The use of the Software is permitted on only one computer, unless otherwise provided by the terms of the license.
COST OF SERVICES AND PAYMENT PROCEDURE
The cost of the Services is determined in accordance with the price list published on the Contractor's website. The prices for the Services are stated in rubles, euros and dollars and in conventional units, for the convenience of users.
The Contractor has the right to revise and change the cost of the Services unilaterally. The Contractor notifies the User of the introduction of new prices by publishing a notice thereof on the Contractor's Website and also by sending a message to the User's e-mail not less than 30 days before the introduction of the new tariffs. The new prices do not affect the cost of services already paid for and apply only to their renewal. If the User disagrees with the new tariffs, the agreement is deemed terminated after the paid period of the services expires.
The Services are provided on a prepayment basis, unless otherwise agreed with the Contractor.
The payment period for the services of the technical support provided must not exceed three business days from the moment the invoice is issued.
The Contractor may cancel the User's Licenses in order to settle an outstanding debt for services, with prior notification 7 days in advance.
The User is independently responsible for the correctness and timeliness of the payments made by them. In the event of a change in the Contractor's bank details, from the moment the new details are published on the Contractor's official website, the User is independently responsible for payments made to outdated details.
The fact of payment for a Service is deemed confirmed after information is received from the bank that the funds have been credited to the Contractor's account.
The term of use of the License is equal to the term of use of the Software Product chosen by the User when ordering the Software. Upon expiry of this term, the provision of services is suspended, the User has no right to use the software product and is obliged to remove it from the server immediately. In the event of a breach of this clause, penalties may be charged for the use of the Software without a license.
Software purchased by the User may, during its term of validity, be transferred to third parties registered in the Contractor's Billing Panel. The transfer is carried out upon the User's application through the ticket system.
SPECIAL CONDITIONS AND LIABILITY OF THE PARTIES
The Contractor does not guarantee the absolute uninterrupted operation or error-free nature of the Services and does not give any warranty that the software offered, its components or any other materials are free of system errors. The Contractor takes all reasonable efforts and measures to prevent this and to warn users about possible errors.
The Contractor is not liable for direct or indirect damage caused to the User as a result of the use or impossibility of use of the Services, or incurred as a result of errors, omissions, interruptions in operation, deletion of files, defects, delays in operation or in the transmission of data, or changes in functions and other causes.
The Contractor is not liable for the quality of the public communication channels by means of which access to the Contractor's Services is carried out.
The User assumes full responsibility and the risks associated with the use of the Internet by means of the Services, including responsibility for assessing the accuracy, completeness and usefulness of any opinions, ideas and other information, as well as the quality and properties of goods and services distributed on the Internet and provided to the User by means of the Services.
The User is fully responsible for the security of their password and for the losses that may arise as a result of its unauthorized use. In the event of the theft of a login and password occurring through the fault of third parties, the client is entitled to send the Contractor a statement on changing the login and password, with the mandatory attachment to the statement of the corresponding financial document confirming payment for the Services, as well as a copy of an identity document (for a User who is a natural person) or a registration certificate (for a User who is a legal entity).
The User undertakes not to use the Contractor's affiliate program in order to obtain an additional discount by registering additional accounts in their own name. If such a breach is detected, the Contractor reserves the right to annul the discount and to demand payment of the funds disbursed.
The Contractor processes the User's technical support requests sent only from the User's contact e-mail or from the account on the Contractor's website (through the ticket system). The contact e-mail is deemed to be the address indicated during registration on the Contractor's website. The User may change the contact e-mail in the registration database when logging into the billing panel.
The Contractor does not guarantee the change of licensing information in the Developer's Licensing System in automatic mode. For ISPsystem and DirectAdmin products, an IP change is possible not more often than once every 30 days.
In the case of the purchase of licenses with a "Perpetual" payment period, receipt of Program updates is available for 1 year from the moment of payment. The updates can be extended through the Billing Panel.
If the user deletes a service through the Contractor's billing system, the remaining term of the license is not refunded.
PROCEDURE FOR CONSIDERING CLAIMS AND DISPUTES
The User's claims regarding the Services provided are accepted by the Contractor for consideration only in written form and within a period not later than 5 (five) business days from the date on which the disputed situation arose. The period for considering the User's claims is not more than 5 (five) business days.
Consideration of claims against the Contractor related to the provision of the Services is carried out upon the User's presentation of the corresponding financial documents confirming payment for the Services.
In order to resolve disputes concerning the quality of the services provided, the Contractor has the right to independently engage third parties to assess the quality of the service provided.
In considering disputes, the parties are entitled to submit, as evidence, printed electronic mails (e-mails) with the service technical information (headers) preserved in them. If the service technical information (headers) is absent, such a letter is not evidence. The authenticity of the e-mail headers may be confirmed by the Internet provider by means of which the relevant e-mail was sent, or by independent experts.
If it is impossible to resolve a dispute through negotiations, the parties are entitled to apply to a court of arbitration at the Contractor's location for resolution of the dispute.
MOMENT OF ENTRY INTO FORCE OF THE PUBLIC OFFER. TERM OF VALIDITY. PROCEDURE FOR TERMINATION
The public offer enters into force from the moment payment for the Services is made, in the manner established by this offer.
The User has the right at any time to unilaterally decline the Contractor's Services.
The Contractor has the right to unilaterally refuse to serve the User if there is a debt unpaid for more than 30 days, or if the terms of the Offer are breached.
In the event of early termination of the provision of the Services in accordance with this Offer, the User is refunded the remaining unused funds from the balance. The cost of the Software already provided is not subject to refund. The refund is carried out upon the User's presentation of financial documents confirming payment. In making a refund, the Contractor has the right to deduct the cost of goods and services received by the User as a gift, according to the tariffs in force.
On all matters not regulated in this text of the Offer, the Parties are guided by the applicable norms of international law.
For the purpose of resolving disputes, the Parties may have recourse to international commercial arbitration under the UNCITRAL Arbitration Rules, as well as rely on the UNIDROIT Principles of International Commercial Contracts and, where applicable, the United Nations Convention on Contracts for the International Sale of Goods (Vienna, 1980).