Agreement on the provision of hosting services and related services
Company hostiv.ru — the "Contractor" on the one hand and the individual who specified all the necessary details during registration on the Contractor's website, and/or the legal entity acting as the client, hereinafter referred to as the "Client", on the other hand (the Contractor and the Client are hereinafter referred to as the Parties) have entered into this Agreement as follows
1. Subject of the agreement
1.1. The Contractor provides paid and free Services to the Client in the manner and on the terms provided for in this Agreement.
1.2. The Client pays for Paid Services in accordance with the procedure and conditions provided for in this Agreement.
1.4. This Agreement is in the nature of a public offer and, in accordance with the current legislation of the Russian Federation, Ukraine and the CIS, has proper legal force.
2. Basic terms
2.1. This Agreement uses special terms that are described in detail and explained by the Contractor in Appendix No. 1 to this agreement.
2.2. The terms used in this Agreement in the plural have the same meaning as in the singular, and vice versa.
3.1. The Contractor is not responsible for the Content that is located or used on the pages of the Client's sites.
3.2. All services provided by the Contractor may be used only for legitimate purposes.
3.3. It is prohibited to use the services of the Contractor and at the same time violate or infringe on the copyrights or trademarks of third parties. This prohibition includes, but is not limited to, the copying of music, books, photographs, or any other copyrighted works and materials.
3.4. Offers for the sale of any counterfeit goods of the trademark owner will lead to the immediate termination of the Contractor's provision of services, with the possible deletion of the Client's account.
3.5. Any Client account in which the Contractor finds a violation of someone's copyright will be immediately deleted or access to the materials on the site will be restricted.
3.6. Any account of the Client in which copyright infringement is repeatedly detected will be blocked and / or removed from the hosting.
3.7. The Contractor reserves the right to refuse to provide services to any client. Any material that, in the opinion of the Contractor, is obscene, threatening, illegal, or that violates the terms of this Agreement in any form, may be removed (or access to it may be restricted) from the Performer's servers with or without Client notification.
4.1. Free services allow the Client to use the services of the hosting Provider for free.
4.2. The Contractor provides the Client who uses free services (soon) MB of disk space and (soon) GB of traffic for each account.
4.3. In order for the Contractor to be able to provide free services, they were introduced some restrictions on connections to the MySQL server and the use of PHP resources.
4.4. If the Client needs more hosting resources, then he has the right to update his account and switch to paid hosting, having previously paid for it.
4.5. During the use of free services, the Client is prohibited from:
4.5.1. Use, add, upload any kind of Adult Content.
4.5.2. Create varese portals, phishing sites and sites designed for hacking.
4.5.3. Send mass / spam emails (the work of the Client's account will be automatically stopped). If the program / script has such a function, then the Client will have to disable it (on a paid hosting, the limit on sending emails is increased).
4.5.4. Use the sites as file archives or file-sharing resources.
4.5.5. Use chat, proxy scripts or scripts designed to download files from the site.
4.5.6. Use the scripts "Autosurfing", "Payment for surfing", book sites and the like.
4.5.7. Use any type of online games (allowed when using paid hosting services).
4.5.8. Install hacked versions of scripts, such as IPBoard, vBulletin, Datalife Engine, and the like.
4.5.9. Use accounts only for storing files.
4.5.10. Create and use torrent trackers and similar sites.
4.6. The Client agrees not to use the free services of the Contractor for:
4.6.1. Uploading, publishing, mailing, transmitting content that is illegal, harmful, threatening, offensive, defamatory, vulgar, obscene, aggressive, discriminating, etc.
4.6.2. Harm to minors.
4.6.3. Impersonating another person or organization.
4.6.4. Providing forged documents using the services of the Contractor.
4.6.5. Uploading, mailing, transmitting or distributing any content that the Client is not authorized to publish by law (for example, internal information, proprietary and confidential information obtained or disclosed under an employment relationship or the terms of a non-disclosure agreement).
4.6.6. Uploading, mailing, transmitting or distributing any material that violates any patent rights, trademarks, trade secrets, copyrights or other proprietary rights.
4.6.7. Uploading, mailing, transmitting or distributing unsolicited or unauthorized advertisements, advertising materials, "junk mail", spam, creating "web pyramids", or any form of imposing services.
4.6.8. Downloading, mailing, transmitting or distributing any material that contains viruses or any programs, files intended to hack, destroy, restrict the functionality of any computer software or hardware, as well as telecommunications equipment.
4.6.9. Uploading, sending, transmitting or distributing media files (for example, streaming, streaming).
4.6.10. Interference or disruption of the Contractor's system, servers or networks connected to the Contractor's system.
4.6.11. Harassing or harassing other people in any way.
4.6.12. Uploading, mailing, transmitting any material for the purpose of distribution, broadcasting, broadcasting.
4.6.13. Collection or storage of personal data about other users related to prohibited conditions and actions in the above paragraphs from 4.6.1. to 4.6.12.
4.7. Restrictions on the use of resources of free services, which the Client must not exceed, violate and also has no right to:
4.7.1. Use more than 10% of system resources for 60 seconds. This includes PHP, HTTP, cron jobs, etc.
4.7.2. Run standalone, server - side processes that are not processed, such as daemons such as IRCD and the like.
4.7.3. Run cron tasks at intervals of less than 5 minutes.
4.7.4. Use MySQL queries that take more than 10 seconds to complete. MySQL tables should be optimized properly.
4.7.5. The time for uploading files via PHP or executing PHP scripts should not exceed 60 seconds.
4.7.6. Perform more than 50,000 queries in the MySQL database per hour in one account.
4.7.7. Upload more than 20,000 files to one account. Each account has a limit of 20,000 inodes.
4.8. The Client must log in to the account at least once within 14 days in order for it to be active, otherwise the Contractor has the right to disable certain services that are presented on the Contractor's website.
4.9. Each Client's site used on free hosting must have at least 2 visitors for 14 days. If the Client's site does not have 2 visitors, the Client will receive a notification to the email address that he used during registration, with a special link to help protect the site from deletion. If the Client does not click on the link specified in the email within 14 days and the site does not have at least 1 visitor, then the site will be deleted due to inactivity.
5.1. The Contractor provides unlimited traffic and disk space according to the tariff plan to the Client who paid for paid hosting.
5.3. Running background processes / tasks running in the background is generally prohibited, but the Executor may allow the Client to run them for an additional fee at their discretion.
5.4. The Client agrees to make a payment for the paid services provided by the Contractor before the services are provided to him.
5.5. Depending on the hosting plan, the Contractor can accept quarterly payments, payments every half a year, and annual payments from the Client.
5.6. If the Client is not satisfied with the hosting services during the first 10 days of using the hosting plan, the Client has the right to request a refund.
5.7. The fee for domain name registration is not refunded to the Client by the Contractor. The funds paid for hosting are not returned to the Client if the Contractor has registered a free domain name for the Client. Payment for services using bitcoin is non-refundable.
5.8. Payment for services is made according to the rates indicated on the Contractor's website.
5.9. Payment methods do not have to be specified on the Contractor's website, but the Client has the right to request the Contractor's technical support for clarification.
5.10. The Client is not charged for creating an account.
5.11. When making a payment, the Client agrees to pay the commission provided for by the Free-Kassa payment system (http://www.free-kassa.ru), in the amount of 3-7%. In case of an increase in the commission percentage by the Free-Kassa system, the Client also agrees to pay it. When returning funds to the Client, the interest withdrawn by the Free-Kassa system and also the commission of the WebMoney system are not returned to the Client by the Contractor.
5.12. The Contractor is not responsible in cases when the Free-Kassa payment system delays or is unable, for any reason, to accept and process a payment from the Client.
5.13. The Client is obliged to pay for the services in a timely manner, according to the tariffs specified on the Contractor's website, before the expiration of the current hosting plan paid for by the Client.
5.14. The Contractor is not obliged to issue an invoice to the Client for payment of services. Payment is made using the Free-Kassa payment interface, according to the payment procedure specified on the payment page. Also, the payment/invoice details will be available to the Client in the account.
5.15. The date of payment for the extension of services is the date of creation of the account by the Client in accordance with the previous paid period.
5.16. In case of non-payment of services by the Client, the Client's account will be blocked by the Contractor. If the Client does not pay for the services within 5 days after the account is blocked, the Contractor has the right to delete the client's account.
5.17. In some cases, the client has the right to request the transfer of content from a paid hosting to a free one. In such cases, the Contractor reserves the right to independently decide whether to transfer the sites or not.
5.19. The Client has the right to refuse to use the services of the Contractor at any time, but with early notification of the Contractor, by sending an electronic message to the email address specified on the Contractor's website.
5.21. Restrictions on the use of resources of paid services, which the Client must not exceed, violate and also has no right to:
5.21.1. Use more than 25% of system resources for 300 seconds. This includes PHP, HTTP, cron jobs, etc.
5.21.2. Use more than 200,000 inodes in one account in the Premium tariff plan and more than 400,000 inodes in the Business tariff plan. Exceeding this limit may cause a warning to the Client from the Contractor. If the Client does not take any actions to reduce the number of inodes, the Contractor has the right to suspend the Client's account.
5.21.3. Use the services to harm the functionality of the Contractor's system or equipment, store repositories or create a file repository, as well as create a repository for downloading materials or files from other sites. In case of violation of these restrictions, the Contractor reserves the right to issue a warning to the Client. The Contractor also reserves the right, at its sole discretion, to restrict the ability to write data to the disk.
6. Other conditions
6.2. If the Client has any problems or questions while using the services of the Contractor, he can contact the technical support of the Contractor by e-mail firstname.lastname@example.org or create a ticket in your account.
6.3. The Contractor does not tolerate mass mailing of emails, spam and similar mailings by the Client from the Contractor's servers. Any Client account from which mass spam is sent will be blocked with or without notification to the Client.
6.4. The Contractor reserves the right to make changes to this Agreement without drawing up and signing additional agreements with or without notifying the Client. v
6.5. This agreement shall enter into force upon confirmation by the Client on the Contractor's website of their agreement with the terms of this Agreement.
6.6. The Client uses the services of the Contractor at his own risk. Backups in the Performer's system are created once a day, which are recorded on top of other backups that were created earlier. On the servers of the Contractor, backups are stored only a week ago, with the exception of paid plans, the frequency of creating backups in which is specified on the Contractor's website.
6.7. The Client agrees that the Contractor may add the Client's email address to its mailing list. The Client has the right to refuse the emails sent by the Contractor by clicking on the link specified in the email.
6.8. The Client agrees that it will independently compensate moral and material damage to third parties caused in connection with the use of the Contractor's services in cases where the Client receives a complaint from any third party. If the Client causes any damage to third parties, the Contractor does not pay for any damage caused to third parties by the Client. All costs for damages are charged to the Customer.
6.9. The Contractor and its employees are not responsible for any possible damage that the Client's business may suffer during the use of the Contractor's services. The Contractor makes no warranties of any kind, expressed or implied, for the services it provides.
6.10. The Contractor is not responsible for the damage caused and does not compensate for the damage to the Client related to interruptions in the operation or breakdowns of any services or other systems, or disruption of the Contractor's systems. The Contractor is also not responsible and does not compensate for the damage to the Client in cases of force majeure, any other natural disasters, fires, strikes, terrorist attacks and other circumstances that occur in the environment.
6.11. The Contractor has the right to provide or disclose all information about the Client used in the Contractor's systems to law enforcement agencies, in cases of a legitimate request for such information from representatives of law enforcement agencies.
6.12. In cases of any disputes, the Parties try to settle them amicably. If the Parties cannot reach an understanding in the dispute that has arisen, all further dispute resolution processes take place in accordance with the current legislation of the Russian Federation.
6.13. The Contractor is not obliged to act as a third party in the Client's legal proceedings.
6.14. To use the free hosting services, the Client must complete the SMS verification process in the Contractor's system.
6.15. All Annexes to this Agreement are an integral part of it.
7. Prohibited scripts and website types
The following scripts are not allowed to be used, downloaded, or run on our servers. The reason for blocking scripts can be the load on the server, hacker activity, spam mailing, and other criminal activity. The placement of any of these types of sites may result in the immediate blocking of the account, until the content is deleted. In cases where such content was uploaded by the client, the Contractor reserves the right to delete the account without the possibility of a refund (even if less than 10 days have passed since the server was ordered). If such content was uploaded by third parties (hackers, intruders), the Contractor will inform the client about the content that violates the rules. The Contractor also reserves the right to remove such content from the server without prior notice. Prohibited scripts and website types are listed below:
* IRC scripts, eggdrop, bots
* Proxy server scripts and any other scripts that work on the proxy principle
* Scripts for mass mailing of emails and spam
* Scripts for spoofing IP addresses/Spoofers and port scanning scripts
* Pirated software or any form of vareza
* Image hosting scripts (like Imgur or Photobucket)
* Auto-surfing scripts
* Pay-per-click scripts
* PTC (Paid-To-Click) Scripts
* Scripts or programs for selecting/brushing passwords
* Scripts for distributing files, archives, and mirrors (like mega, rapidshare)
* Scripts to increase the rating of sites
* Sites that distribute illegal drugs, any other narcotic substances or contraband products
* Sites where the material is distributed without the corresponding copyright / license
* Gambling sites
* Hacking programs, selling credit card numbers, hacking sites
* Forums where warez or other illegal content is distributed
* Fraudulent websites (fake bank services, fake login pages, any other illegal information)
* Scripts of viruses, trojan horses, mass ping, ddos, udp or tcp flood, any other scripts of a destructive nature
* Child pornography (if such content is found, independently uploaded by the client, the client's server will be deleted immediately, without the possibility of a refund)
* Scripts like Bitcoin, mining
Any type of illegal or offensive content found on our servers must be reported to email@example.com. The contractor will process such messages with the highest priority and interest. The contractor is not responsible for any damage or loss that may occur with the content uploaded to the server or for actions that are performed by scripts on the servers. The client, the owner of the server / account, is fully responsible for the content uploaded to the server or for the actions that are performed in the account / on the server. Also, the client is fully responsible for any damage or loss that occurs with the content or actions performed by scripts on the server.
Terms and their meanings:
Services – providing the Client with the necessary tools, control panels, software and hardware, with which the Client can use the Contractor's hosting.
Paid services – hosting services for which the Client is obliged to make timely payment to the Contractor.
Free services – hosting services that the Client uses for free.
Client – a natural or legal person who has concluded this Contract with the Contractor.
Content — files, data, content, materials that the Client uses, downloads, and places on their websites.
Third party – any natural or legal person, organization or company that has not participated in this Agreement.
Account – a set of tools that the Client can use to create and manage a website, databases, email accounts, and all other tools in the hosting control panel.
Account – the area where the Client can create accounts, pay bills, register and transfer domains, and contact the technical support of the Contractor.
Server – hardware and software that hosts accounts, websites, and other Client data.
Hosting plan – a set of options, services, products, and features that the Client can use.
Disk space – the space allocated to the Client's account on the server.
Traffic – the total amount of incoming and outgoing information/data to/from the server(s) for a certain period of time.
Adult content – files, images, and any other information of an erotic or pornographic nature.
Varese is a program or script that is distributed illegally or violates copyright.
Phishing is an activity that is aimed at obtaining confidential information (passwords, pin codes, credit card numbers, etc.) of site visitors.
Hacking – an attempt to break into any systems, websites, programs of third parties, with the purpose of causing material or moral damage or seizing information.
Spam – mass mailing of advertising or any other emails to users of the network who do not express a desire to receive these emails.
Inode-folders, files uploaded to the server. 1 inode=1 folder or 1 file on the server.
Ticket-a request to the technical support of the Contractor by sending an email from the Client's account.
Backup – a backup copy of files.