Public offer

On the provision of services for the placement of proxies, VPN, web servers (hosting), and registration of domain names on the Internet, hereinafter referred to as the Services, on the providers’ equipment LLC ”UKRAINIAN INTERNET SPACE”, hereinafter referred to as the Contractor. Services are provided to any legal entity or individual who has accepted the conditions set out in the Public Offer (Agreement) and paid for the Contractor’s Services, hereinafter referred to as the Subscriber. This agreement is like a public offer, is the equivalent of an “oral agreement” and under the current legislation of Ukraine has the proper legal force.

Preamble

The information below is an official offer (public offer) to any legal entity or individual to conclude a subscription service agreement. This Agreement is public, that is, according to Article 633 of the Civil Code of Ukraine, its conditions are the same for all consumers.

Under Art. 642 of the Civil Code of Ukraine, the full and unquestioning acceptance of the terms of the public contract is the acceptance of this offer in the Client’s Cabinet at: https://my.internetspace.com.ua or the fact that the Subscriber made a payment for the Services and the Contractor received an appropriate financial document confirming the fact of such payment.

The public offer is also accepted when the Subscriber is registered on the Contractor’s website. The Contractor’s website is located at: https://my.internetspace.com.ua.

A contract number is a unique number of the payer, which is issued upon registration in the Client’s Cabinet.

By concluding the Agreement, the Subscriber confirms that he is wholeheartedly familiar with and agrees with its terms, and also, if the Customer is an individual, gives permission to the Contractor to process his personal data to be able to fulfill the terms of this Agreement, the possibility of mutual settlements, and also for receiving invoices, acts and other documents. The permission to process personal data is valid for the entire duration of the Agreement, and the next five years after its expiration. Destruction of personal data is the basis for termination of the Agreement and is carried out on the basis of a written (paper) application from the client. In this case, the contract is terminated from the date specified in the corresponding message of the Contractor. In addition, by concluding this Agreement, the Customer confirms that he has been informed (without additional notification) about the rights established by the Law of Ukraine “On the Protection of Personal Data”, about the purposes of collecting data, and that his personal data is transferred to the Internet Space provider. UA to fulfill the terms of this Agreement, the possibility of making mutual settlements, and receiving invoices, acts, and other documents. The Customer also agrees that the Contractor has the right to provide access and transfer his personal data to third parties without any additional notifications to the Customer, without changing the purpose of processing personal data (for example, when registering a domain name). The scope of the Customer’s rights as a subject of personal data under the Law of Ukraine “On the Protection of Personal Data” is known and understood by him.

Terms and definitions used in this Agreement

Account – a set of user rights to a system designed for many users, which is formed after registration in the form of an “account” on the Contractor’s web server. It is determined by the presence of its name (Login) and Password, and the home directory.

A domain – a region of the hierarchical namespace on the Internet that is maintained by a set of Domain Name System (DNS) servers. The domain is identified by the domain name.

Domain registration – entering information about a domain and its administrator into the domain names registry to ensure the uniqueness of domain use, as well as to obtain the rights to administer the domain by the administrator.

Registrar – an organization that assumes responsibility for the registration of a domain name, its continuation, and other accompanying operations. In this agreement, this is the Contractor.

Registrant – a legal or natural person who initiates the domain registration procedure and who is or plans to become the owner of the registered domain.

E-mail – electronic mail.

A website – an electronic representation of the Subscriber on the Internet, an information-interactive resource.

DNS servers – domain name servers that contain configuration files for the registered domain.

The client’s cabinet – the client’s personal account, where he can manage accounts, place an order, make payments, and so on. The client’s cabinet is located on the Contractor’s website: https://my.internetspace.com.ua.

Login – a unique set of letters and numbers for the Contractor’s web server, which, in combination with the password, serves as the Subscriber’s identifier.

Password – a set of letters and numbers, which, in combination with the Login, serves as the Subscriber’s identifier.

Spam – mass mailing of letters with information of advertising, commercial, or agitation nature to other Internet users without their consent, the use of their own or provided information resources (mailboxes, e-mail addresses, pages, etc.) as contact coordinates when performing any of the above actions, regardless of which part of the Internet these actions were performed from.

Hosting – placement of the Subscriber’s Web site and e-mail on the Contractor’s server.

1. General Provisions

1.1 Under this Agreement, the Contractor undertakes to provide the Subscriber with the following Services:

– opening an account (with the provision of a unique login and password, allowing him to post information on the equipment of the Contractor);

– allocation of disk space to the Subscriber on the equipment of the Contractor, by the selected and paid tariff hosting plan, to host the Subscriber’s Website and store the Subscriber’s information on the specified space within the terms established by this Agreement;

– registration and renewal of registration of the Subscriber’s domain names;

– support for primary and secondary DNS name servers for the domains used;

– the ability to use all available programs and functions by the selected and paid tariff plan;

– receipt by the Subscriber of the necessary data to connect to the Services;

– consultations by e-mail, in your personal cabinet, and by calling technical support;

– other Services are described on the Contractor’s website: https://internetspace.com.ua.

1.2 The size and technical characteristics of the hosting Services, as well as their cost under this Agreement, are determined by the selected type of hosting of the Subscriber and his tariff plan according to the information provided on the Contractor’s website: https://internetspace.com.ua.

2. Rights and obligations of the parties

2.1. The Contractor is obliged to:

2.1.1 Provide the Services specified in clause 1 of this Agreement, properly and on time, under the terms of this Agreement and within the tariff plan selected and paid by the Subscriber, as well as ensure the work of the technical support service.

2.1.2 Provide constant round-the-clock connection of the equipment used to host and maintain the Subscriber’s Web site to the Internet, except for the periods required for technical work.

2.1.3 Not to disclose the Subscriber’s data, except for the cases provided by the current legislation of Ukraine.

2.1.4 Notify the Subscriber about changes in tariffs for the Services, conditions of service and payment methods, as well as Other conditions of this Agreement at least 10 working days prior, notifying the Subscriber by electronic means of communication.

2.1.5 The Contractor is not liable to Subscriber for any kind of damage incurred in connection with the loss of his account and website access details.

2.2. The Subscriber is obliged to:

2.2.1 Pay in time for the Contractor’s Services under the selected tariff plan and on the terms of this Agreement. If the Services are not paid for more than 30 calendar days, the Agreement is terminated.

2.2.2 Independently protect from distribution and publication the account login and password assigned to him. If this information is made public, the Contractor does not bear responsibility for damage caused by the use of account details by third parties.

2.2.3 Coordinate the settings and launch of any additional or non-standard software with the Contractor.

2.2.4 Not to use the Services to transmit any information via the Internet that violates the current Ukrainian or international legislation.

2.2.5 Not to publish or transmit any information or software that includes “viruses” other malware that can disrupt computers.

2.2.6 Not to falsify service information in the headers of messages sent in newsgroups or via e-mail.

2.2.7 Not to send bulk messages (spam), both from the Contractor’s servers and from any other servers, using email. The open publication of an email address or other system of personal information exchange cannot serve as a basis for including the address in any list for mass mailing of messages.

2.2.8 Not to attempt to unauthorized access to the resources of the Contractor and other systems accessible via the Internet. Unauthorized access means any access in a manner other than that intended by the owner.

2.2.9 Not to carry out actions to transfer to computers or equipment of third parties meaningless or useless information that creates an unnecessary (parasitic) load on these computers or equipment, as well as intermediate network sections, in amounts exceeding the minimum necessary for checking the connection networks and the availability of its individual elements.

2.2.10 Not to use the Services to distribute and transmit pornographic materials.

2.2.11 Not to violate the Service Rules published on the official website of the Contractor at: https://internetspace.com.ua/conditions/.

2.2.12 Not to publish and/or otherwise distribute information about third parties that do not correspond to reality and thus affect the honor and dignity of individuals or the business reputation of legal entities.

2.2.13 Not to publish and/or use identification personal data (names, addresses, phone numbers, etc.) of third parties unless these persons have expressly authorized the Subscriber.

2.2.14 Not to publish and/or distribute materials, which are protected by copyright, thereby violating copyright and related rights.

2.2.15 Not to post deception schemes, software hacking tools, traffic redirection utilities; distribute software for sending spam, databases of email addresses; publish offers for spam distribution services.

2.2.16 The Subscriber agrees to the storage and processing of personal data to ensure the implementation of relationships in the field of informatization.

2.2.17 The Subscriber confirms his consent to disclose his personal data in case of violation or suspicion of violation of the rules of clause 2 of this Agreement.

2.2.18 Information about himself provided by the Registrant to the Registrar to delegate the domain name, in particular, the contact information is complete, true, and accurate.

2.2.19 The Registrant must immediately inform the Registrar of any changes to the information referred to in clause 2.2.17 above, to maintain its completeness, truthfulness, and accuracy throughout the entire period of the domain name delegation.

2.2.20 The Registrant agrees and understands that if the Registrar reveals incorrect or untrue information provided during the registration or changing the contact details of the domain, the Registrar has the right to suspend the delegation of the domain until the correct information is provided by the Registrant.

2.2.21 The Registrant agrees that he knows and understands the purpose of collecting, storing, and publishing information that is provided to them by the Registrar and is necessary to ensure the process of delegating a domain name, as well as that he knows and agrees that the current state of such information will be publicly available in real-time via WHOIS or similar service.

2.2.22 The Registrar agrees and understands that domain transfers to other registrars and changes in contact information are possible only if the Registrar receives an official written request from the Registrar. If a domain name is registered in favor of a legal entity, the application must be formed on the company’s letterhead and confirmed by the organization’s seal and the head’s signature. If a domain name is registered in favor of a natural person, to transfer the rights or transfer the domain, it is necessary to add to the Registrar’s signature an authenticated copy of the first and second pages of the Registrar’s passport confirming his identity.

2.2.23 The Registrant is aware that in the event of the termination of the Registrar’s activities, the Registrant’s domains will be transferred to another domain name registrar with the preservation of information about domain names and ownership rights to them.

2.2.24 The Registrant agrees that he has read and agreed with the Public Domain Regulations, which are available at the link: https://hostmaster.ua/policy/2ld.ua.

2.2.25 The Registrant agrees that he has read and agreed with the Regulations on the specifics of registering private third-level domain names in the domains kyiv.ua and kiev.ua, which are published at: https://hostmaster.ua/policy/2ld.ua.

2.2.26 The Registrant agrees that he has read and agreed with the Regulations on the specifics of registering private second-level domain names in the .UA domain, which is available at the link: https://hostmaster.ua/policy/ua.

2.2.27 The Registrant agrees that he has read and agreed with the Uniform policy for the resolution of disputes regarding domain names in the .UA domain, published at: https://hostmaster.ua/policy/ua-drp/.

2.2.28 The Registrant agrees that he has read and agreed with the Regulations of the public Internet service WHOIS https://hostmaster.ua/services/.

2.2.29 The Registrant agrees that he has read and agreed with the domain name maintenance Procedure when it is not served by the Registrar, which is available at the link: https://hostmaster.ua/services/.

2.2.30 The Registrant agrees that the Registrar, the Administrator, and the Registry Operator are not liable for the consequences of the use or misuse of domain names by the Registrant, including to third parties as well as in case of violation of any rights of third parties by the Registrant.

3. Cost of Services and settlement procedure

3.1 The cost of hosting tariff plans is described on the official website of the Contractor at: https://my.internetspace.com.ua.

3.2 The cost of the Services for registration, extension, and transfer of domain names is described on the official website of the Contractor at: https://my.internetspace.com.ua.

3.3 The cost of the Services for the issuance and extension of an electronic SSL certification is described on the official website of the Contractor at: https://my.internetspace.com.ua.

3.4 The cost of the Services and the payment procedure can be changed by the Contractor by clause 2.1.4 of this Agreement. If the Subscriber does not agree with the relevant changes, he is obliged to inform the Contractor about this in writing (by email) before the expiration of the term for their introduction, specified in the message of the Contractor. In this case, this Agreement terminates from the moment of the introduction of new payment terms and after the end of the prepaid period by the Subscriber. The lack of notification from the Subscriber means his consent to the changes and this Agreement continues to operate subject to the new conditions.

3.5 All messages about the deadlines for the provision of the Services, as well as bills and other financial and general information are transmitted by the Contractor to the Subscriber by email.

3.6 If the Subscriber violates the settlement procedure specified in this Agreement, the Contractor has the right to suspend the provision of Services to the Subscriber. Within 30 (thirty) days from the date of the formation of a zero balance on the Subscriber’s account, the Subscriber’s login and the content of his Website are retained by the Subscriber. After this period, the content of the Subscriber’s account may be automatically deleted and the Agreement terminated. For VPS/VDS, VPN, proxy Services in case of non-payment of the Service by the Subscriber, the server will be deleted within 3 days from the end of the paid period of using the Service.

4. Special conditions and responsibility of the parties

4.1 The Contractor does not compensate for direct or indirect losses caused to the Subscriber as a result of using or inability to use the Services, including for damage incurred by the Subscriber as a result of errors, omissions, interruptions in work, deletion of files, defects, delays in operation or data transfer, changes in functions and other reasons. The extent of the Contractor’s liability is limited solely to the provision of additional time for using the Website, depending on the time of the interruption in the provision of the Services. Lost profits of the Subscriber are not compensable by the Contractor.

4.2 The Contractor is not responsible for the quality of public communication channels through which the Services are accessed.

4.3 The Contractor is not responsible for the content of information transmitted by the Subscriber over the Internet.

4.4 The Subscriber is independently responsible for the content of information transmitted by him or another person under the Subscriber’s data on the Internet, as well as for harm caused by his actions (personally or by another person who uses his details) to persons or property of citizens, legal entities, the state or moral principles of society.

4.5 The Subscriber assumes full responsibility and risks associated with the use of the Internet through the Contractor’s Services, including the responsibility for assessing the accuracy, completeness, and usefulness of any opinions, ideas, other information, as well as the quality and properties of goods and Services distributed on the Internet and provided to the Subscriber through the Contractor’s Services.

4.6 The Subscriber is fully responsible for the safety of his password and for losses that may arise as a result of unauthorized use of it. Upon the theft of the login and password, which occurred through the fault of third parties, the client has the right to send an application to the Contractor to change the login and password, with the obligatory attachment to the application of the corresponding financial document confirming payment for the Services, as well as, at the request of the Contractor, an identity document Subscriber. The Registrar is not responsible for the actions of third parties who committed theft and caused damage to the Subscriber. The Subscriber independently decides which competent authorities he should apply to for the protection of his rights and legitimate interests to bring the perpetrators to the responsibility established by law and to compensate for the damage caused to him at their expense.

4.7 The parties have taken the responsibility to ensure the confidentiality of the Subscriber’s network details (password and name).

5. Termination of access to the Services

5.1 The Contractor may terminate the provision of Services to the Subscriber, or terminate the contractual relationship with the Subscriber unilaterally, with the simultaneous sending of a written electronic notification regarding the Services or any additional Service within the framework of the main Service if the Subscriber is involved in actions that violate the rules and regulations for using the Service outlined in this Agreement.

5.2 In case of repeated or gross violation of the Regulations, the Contractor has the right to terminate the provision of the Services to the Subscriber without warning.

5.3 In case of early termination of the provision of the Services or termination of the Agreement within 14 calendar days from the date of signing this Agreement, the Contractor shall return the funds, excluding the amounts for payment for the Services that the Subscriber has used since the conclusion of the Agreement, amounts for payment for domain name registration services, amounts for payment for issuing SSL certificates, amounts for paying for software licenses, as well as bank fees for receiving/refunding funds. In the event of early termination of this Agreement by the Subscriber or termination of the use of services in the period from 15 calendar days inclusively from the signing of this Agreement, the Contractor does not compensate and does not return funds to the Subscriber for the used and unused period of the Services.

5.4 If the termination of the Service provision, part of the Services, or any additional Service within the framework of the main Service occurred on the basis of clause 5.1 of this Agreement, the subscription fee for the used and unused period of the Service is not returned to the Subscriber and is not compensated.

5.5 Upon termination of the provision of Services, the Contractor is not responsible for notifying or failing to notify any third parties about the deprivation of the Subscriber’s access and for possible consequences resulting from such a warning or its absence.

6. Force majeure circumstances (force majeure)

6.1 The Parties are released from liability for partial or complete failure to fulfill obligations under this Agreement caused by force majeure circumstances arising after its signing. Such circumstances include: accidents that resulted in the violation of the provider’s network integrity; disconnecting the power supply to the active equipment of the provider’s network; natural disasters; natural and industrial disasters; an act of terrorism; military actions; civil unrest; adoption by state authorities or local authorities of acts containing prohibitions or restrictions on the activities of the parties under this agreement; other circumstances that cannot be foreseen or prevented in advance and make it impossible to fulfill the obligations of the parties under the Agreement.

6.2 The party referring to force majeure circumstances is obliged to notify the other party in writing within 5 days of the occurrence of such circumstances.

6.3 In the event of force majeure circumstances that prevent the fulfillment of obligations under this Agreement, the period for the parties to fulfill such obligations is postponed in proportion to the duration of such circumstances, as well as the time required to eliminate their consequences, but not more than 60 (sixty) calendar days. If the force majeure circumstances continue to operate for more than the specified period, or when, upon their occurrence, it becomes obvious to both parties that they will be valid for more than this period, the parties are obliged to discuss the possibilities of alternative methods of executing this Agreement or its termination without compensation for losses. In this case, the Contractor is obliged to return the funds unused under the Agreement to the Customer.

7. Procedure for considering claims and disputes

7.1 The Subscriber’s claims for the Services provided are accepted by the Contractor for consideration only in writing 5 calendar days at the latest from the date of the dispute. Primary information is sent by electronic or facsimile communication, the original of the document within the same day must be sent by registered mail with acknowledgment of receipt. The term for consideration of the Subscriber’s claims is 10 days from the date of proper notification.

7.2 To resolve technical and legal issues when determining the Subscriber’s guilt as a result of his illegal actions when using the Internet, the Contractor has the right to independently involve competent organizations and experts.

8. Other conditions

8.1 In all cases not specified and not provided for in this Agreement, the parties must be guided by the current legislation of Ukraine.

9. The moment of the conclusion of the agreement, its validity period, the procedure for changing and terminating

9.1 This Agreement enters into force from the moment of its acceptance and is valid for the entire period of using the Services of the Contractor.

9.2 In the event of early termination of this Agreement, the Contractor, when the Subscriber provides the relevant documents 30 days at the latest before the end of the Service provision period, refunds to the latter the funds that were not spent by the Subscriber on any amenities and Services of the Contractor. Refunds are not made if the Agreement is terminated due to violation by the Subscriber of the terms of clause 2. of this Agreement. Funds that by the time of early termination of this Agreement were spent on the Contractor’s Services provided to the Subscriber are not subject to return or partial compensation.

9.3 On all issues not regulated in this text of the Agreement, the parties are guided by the current legislation of Ukraine.

9.4 The parties keep confidential information related to this Agreement and are obliged to use it solely to fulfill their contractual obligations.

9.5 The Agreement remains in force in the event of a change in the addresses and details of the parties, changes in their constituent documents, including changes in the owner, organizational and legal form, etc., as well as passport, contact, and other data of the Subscriber – an individual or legal entity.

10. Settlement of disputes

10.1 Disputes and disagreements under this Agreement are resolved by the parties through negotiations, and in case of failure to reach an agreement – following the current legislation of Ukraine.