Public Agreement (Public Offer)
This document is the equivalent of a verbal agreement and is deemed to be accepted by payment for services or registering on the site. Please read the text of a public agreement before you started the registration or ordering services on our website:PUBLIC AGREEMENT for the provision of services
The following information is an official offer to any person or entity to conclude an Agreement for the provision of services. This Agreement is public and its conditions are the same for all customers. If you agree to the terms of this Agreement you can make a payment for services. In case payment for the services is carried out the Agreement is deemed concluded, and our company has an obligation to provide appropriate services.
1.1. This document is an official offer (public offer) of the business entity, UNIHOST INC, hereinafter referred to as "Provider", and contains all essential terms of service provision.
1.2. In case of acceptance of conditions set forth below and payment for services a legal entity or private person conducting such acceptance of the offer becomes CUSTOMER.
1.3. This Agreement may be signed in the following way:
a) Upon registration of the Customer on a web server at https://unihost.com (hereinafter - "the website of the Provider") in accordance with the instructions published on the website of the Provider (hereinafter - the "Instructions of the Provider"), assigning contract number (if contract number is not assigned to the client, contract number will be customer account name - the "login") and the subsequent payment of the customer's bill using the web-interface of the Provider, in compliance with all the conditions set forth in the Agreement. Customer is responsible for the accuracy of information provided during registration.
1.4. Terms used in this agreement
Server - hardware and software computer system that performs service functions on client request, providing him access to certain resources.
Website - erver that receives requests from clients, and giving them replies, usually in the form of pages with hypertext markup (html), the data pages, images, files, media streams and other data.
Web hosting (virtual web server) - a service of providing space for the physical storage of customer files on the server of provider, constantly connected to the Internet.
IP-address - a unique address of the device, usually a computer connected to a local network or the Internet, which is used in a routed network protocol (Internet Protocol) of TCP/IP family.
SSH-access - protocol that allows direct access to the server with user login data to remotely control the operating system, including files and folders.
Domain name - the symbolic name used to identify the areas (zones) - branches of the hierarchical namespace of the Internet, or domains in accordance with the Domain Name System DNS. Domain names allow addressing Internet nodes and network resources located on them (web sites, e-mail servers, and other services ) in human readable form.
Name servers DNS (Name server) - a distributed system of domain name transformation (the computer or other network device) to the IP-address, and vice versa.
Nic-handle (nic-handle) - Network identifier that contains contact information about a particular person or organization. Nic-handle are used for setting as links to contact information about the owner (the technical contact, and others) of the domain name. Whois service for retrieving domain contacts information refers to their nic-handles.
Whois - service enabled on the whois containing contact details and technical information about domain names, IP-addresses and other network information. Whois is a public service in the Internet.
Spam - is not ordered by users e-mail messages that are either massive or that do not provide adequate information of the full name of a private mail or electronic address of the sender of the message, or messages the user can not stop receiving by informing the sender.
Abuse — the complaint of users to hosting provider. In most cases the reason for writing abuse is the arrangement of sites with illegal content: pornography, hacking, copyright infringement (movies, music , etc.), or spamming, phishing, and other violations.
Brute force - he method of finding and breaking a certain value (e.g. password) by going through all the theoretically possible.
Phishing - online scam, the purpose of which is to gain access to sensitive user data - logins, passwords, card numbers, etc.
2. GENERAL PROVISIONS
2.1. Under the Agreement, the Provider shall provide to the Customer Services selected by the customer, and the Customer undertakes to accept and pay for the services. Description of the Services, the list of services and their cost is published on the official web site of the Provider at https://unihost.com. Website of the Provider is a public resource all users can access via the Internet 24 hours a day, 7 days a week.
2.2. When accepting the Agreement, the Customer agrees to pay for selected services in accordance with rates set forth on the website of the Provider.
2.3. Such services as reception and sending of electronic messages of the Customer in the office of the Provider, diagnostics of personal computer, modem and software of the Customer in the office of the Provider as well as at Customer's place and skills training for working in the Internet are not provided.
2.4. Provider conducts domain name registration on the basis of the agreement concluded with the domain administrators and other registration organizations.
2.5. In assisting the Subscriber with the domain name registration the Provider shall not be liable for the timing and possible delays in registration related to the technology of the recording organization. Provider also is not responsible for failure of the recording organization in the domain registration for any reason, not inconsistent with their internal Regulation.
2.6. The new domain name can be registered only when the necessary conditions, rules and registration standards are completed, such as:
- the application contains the complete and correct information required for registration; the rules of the domain zone have been followed.
- Rights to the domain name(s), which is registered during the whole period, transferred to the Subscriber, if appropriate fees was payed, according to Section 5 of this Agreement.
- In case the domain for any reason can't be registered on the Subscriber, the Provider has the rights to register this domain by providing his contact information, but doesn't own the rights to this domains and doesn't claim for it.
- Subscriber acknowledges that at the time of signing the Agreement, according to him, neither the registration of the domain name nor how it is used, do not violate the intellectual property rights of third parties.
- For registered domain (domains) in accordance with current Agreement, the refund can't be made under any circumstances.
- Registered domain (domains) on the initiative of the Subscriber may be removed from the registration database prematurely, while it will be available for registration to third parties.
- All operations are performed with the domain in accordance with the rules and regulations of the domain zone in which it is registered:
- .UA domain rules [https://hostmaster.ua/policy/?ua]
- Regulations for registering public second level domains[https://hostmaster.ua/policy/2ld.ua]
- Second level domain registration features [https://hostmaster.ua/2ld/]
- Registration and use of .УКР domain names [http://uanic.net/pravila-registracii-i-polzovaniya-domennymi-imenami-v-domene-ukr/]
- Registration and use of .RU и .РФ domain names[https://cctld.ru/files/pdf/docs/rules_ru-rf.pdf]
- Rights and obligations of international domain names registrants[http://www.icann.org/ru/resources/registrars/raa/registrant-rights-responsibilities]
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. Responsibilities of the Provider:
3.1.1. Provider shall fulfill his obligations as defined in Section 2 of this Agreement at a high quality level.
3.1.2. Provide the Services in accordance with the selected service plan and base rates.
3.1.3. Notify the customer not later than 24 hours (twenty-four hours) before conducting maintenance and repair operations, sending notifications at the email address of the customer.
3.1.4. Publish official reports related to customer service and change of payment rates, on the website of the Provider - unihost.com, as well as send them at subscriber e-mail, if necessary.
3.2. Customer Responsibilities:
3.2.1. Provide complete, truthful and accurate information in an amount necessary to provide services that he requests/gains. The information provided by the customer, may be published in open sources, if necessary.
3.2.2 Pay timely for Services of the Provider in accordance with the selected service plan and the base rates. The Customer undertakes to examine the information on the conditions of service and rates on the website of the Provider - unihost.com.
3.2.3. Use the Services of the Provider only by legal means in accordance with Ukrainian legislation and international legal documents and Service use regulations, described in Annex 1 of this Agreement.
3.2.4. By agreeing to the terms of this Agreement, the Customer also confirms the information that he has all the knowledge and skills, or he has employees who possess those necessary for the correct use of the services conducted by the Provider.
3.3. The rights of the Provider:
3.3.1. Provider has the right to terminate/block access to the Service and refuse to provide the Services in the future, disable Customer account and terminate the agreement unilaterally without prior notice and return the money in case of violation of the rules described in Annex 1 of this Agreement - and / or violations of the provisions of Section 4 and / or Section 5 of this Agreement.
3.3.2. With increased customer requirements for hardware and other resources that are provided in the framework of the booked service, the Provider reserves the right to offer the customer a switch to another tariff plan, and in case of refusal of the customer - to terminate the service without returning the money and terminate this Agreement unilaterally.
3.3.3. Provider has the right to change the rates that are provided to the Customer. New rates take effect from the date of their publication on the Provider official website - unihost.com. Changes in rates for prepaid services are not carried out. If the Customer disagrees with new rates, he shall send an e-mail to the Provider.
3.3.4. The Provider has the right to require the Customer to provide electronic copies of passports or other identity documents of the Customer to ensure the accuracy and veracity of the information about the registrant during the operation - to change the domain owner, domain registrar change (internal and external transfer), as well as for early removal of the domain . In case of not providing the requested data, the Provider reserves the right to refuse to carry out these operations.
3.4. Customer's rights:
3.4.1. Demand from Provider timely and quality provision of the Services in accordance with the terms of this Agreement.
3.4.2. Receive information from the Provider about the quality, cost, and the order of the Services.
3.4.3. Refer to the Provider with complaints and suggestions for improving the quality of services.
4. SERVICES PROVISION AND ACCOUNTING
4.1. Services provided to the Customer during the terms of the Agreement if the pre-payment was based on the invoice or positive balance greater than or equal to the cost of services available on the customer reference account (hereinafter CR).
4.2. Customer requests are considered authorized (verified) and are satisfied by the Provider, if they were sent from the contact e-mail address (e-mail) of the Customer. Customer requests can be sent directly to the e-mail address of the Provider stated on the Contact Us page on the official website of the Provider, or via the Support section on the official website of the Provider. Any calls made through other channels: phone, live chat, Skype, etc. are not considered as authorized for guidance and only have an advisory nature.
4.3. The Customer who concluded the Agreement by the acceptance of the offer, may at any time request from the Provider the text of the Agreement, signed by an authorized representative of the Provider and sealed, as well as acts of acceptance. These documents are sent in two copies to the address specified by the Customer.
4.4. After Provider receives the copy this Agreement signed by the Customer, with copies of supporting documents, the Customer gets the full rights provided under the written Agreement.
4.5. If within 10 days after provision of services the Customer did not contacted the Provider with the requirement to provide the originals of certificates of completion, or did not filed a complaint regarding the quality of the services provided, executed in accordance with the terms of this Agreement, it is considered that the provision of services or works conform to the requirements of the Agreement and are accepted by the Customer in full, which is confirmed by the certificate of completion signed by the Provider.
5. COST AND PAYMENT
5.1. The cost of Services is indicated on the official website of the Provider.
5.2. Payment is made to the account of the Provider or in cash, according to the invoice . Also, payment may be made by the Customer using payment cards of international payment systems Visa, MasterCard in real time on the website of the Provider or otherwise.
5.3. Payment is made for the period which is calculated in months or years, depending on the type of service. The Service can be paid at least for the minimum possible period of provision of this particular service. The maximum period of Service can not contradict the relevant regulations and International Law. Payment is fixed and paid by the Customer, regardless of using the Services or not.
5.4. When making the payment the Customer has to state invoice number in "Payment reference" field. In absence of references to the invoice, the Provider does not guarantee credit of funds received as payment for services provided to the Customer, and the receipt of the payment document is not recognized as an acceptance of the Agreement.
5.5. The payment for the Services shall be considered approved and Customer reference account replenished after receipt of the information from the bank about transfer of funds to the account of the Provider, in strict observation of the provisions of point 5.4.
5.6. The Customer is solely responsible for the accuracy of payments made. If the bank details of the Provider are changed since the publication of new details on the website of the Provider and notification made to the contact e-mail address (e-mail), Customer is solely responsible for the payments made to obsolete bank details.
5.7. In case of cancellation of the domain name registration to its expiration, as well as in case of transfer of the domain name to another person or service to another registrar, including by court order, the funds for the services of the registration/renewal of registration of that domain name will not be refunded and the responsibility of the Provider for any such domain name is terminated.
6. RESPONSIBILITIES OF THE PARTIES
6.1. Provider does not guarantee absolute uninterrupted or error free Services and does not guarantee that the proposed software or any other materials do not contain system errors. Provider shall take all reasonable efforts and measures to prevent it.
6.2. Provider shall not be liable for any direct or indirect damage caused to the customer or a third party resulting from the use or inability to use the Service or suffered as a result of errors, omissions, interruptions, deletion of files, defects, delays in operation or transmission, or modification of functions and other causes.
6.3 Provider does not guarantee acceptance of Subscriber mail from remote networks, which led to the operation of adding a network address list for which mail delivery program of the Provider shall not receive mail.
6.4. Provider is not responsible for the quality of public communication channels, by which access to the Services is carried out, and for notifying third parties about deprivation Customer access and for any consequences that have resulted from the lack of such a warning.
6.5. Provider shall not be liable for any failure or improper performance of obligations under this Agreement, which occurred as a result of force majeure (earthquake, flood, hurricane, etc.), theft or damage of lines and station facilities or by the Customer.
6.6. Provider is not a defendant in respect of any liabilities and expenses associated with the violation of the provisions of this Agreement by the Customer or any other person who uses the account name (Login) and password of the customer; associated with the use of the Internet through the Service; associated with the placement or transmission of any message, information, software or other materials on the Internet by the Customer or others who use his account name (Login) and password.
6.7. Provider, domain zone administrators and the registry operator is not responsible in respect for any consequences of the use or misuse of domain names of the Customer, including to third parties, as well as the Customer violates any rights of third parties.
6.8. Customer is responsible for signing acts of the provided services and work and sending them to the Provider within 5 (five) working days of receipt, and in case of disagreement within the same period, sending to Provider a motivated refusal of signing the Act, while in the case of Provider doesn't get a certificate or motivated refusal of signing the Act for ten (10) working days after receipt, it is considered that the provision of services or works conform to the requirements of the contract and accepted by the consumer in full size, which is confirmed by the services provided, which is signed by the Provider.
6.9. According to Ukrainian legislation, the Customer accepts full responsibility and risk associated with the use of the Internet through the Service. In particular, the responsibility to evaluate the accuracy, completeness and usefulness of any ideas or other information, as well as the quality and characteristics of the goods and services that are distributed on the Internet and provides by Customer through the Service.
6.10. The Customer shall be solely responsible for maintaining his password and for any losses that may be suffered as a result of unauthorized use. In case of theft of the registration name (Login) and password, caused by the fault of third parties, the Customer has the right to send to the address of the Provider a written request to change the password with a mandatory attachment to the application of the relevant financial document confirming payment for services. The Provider shall not be liable for the actions of third parties which resulted in theft and for damages caused by theft , the Customer should contact the appropriate investigative and law enforcement agencies.
6.11. The parties agreed that the signing of the Acts in the execution of Agreement, the Provider may use a facsimile reproduction of the signature of the authorized person.
6.12. Provider reserves the right to make changes to the text of this Agreement without notice to Customer. Changes in the Agreement shall enter into force after their publication on this website.
7. DISPUTE RESOLUTION
7.1. Any disputes between the Parties concerning the execution of this Agreement shall be settled by negotiation between the Parties. The Parties shall establish a mandatory form of pre-trial settlement of disputes by making a claim under the International Law procedure.
7.2. The Provider will only accept claims for the Services, which are provided by the Customer in writing and in a period not exceeding three (3) calendar days from the date when the dispute arose. Time for consideration of claims of the Customer is not more than fourteen (14) calendar days.
7.3. Considering of claims relating to the provision of the Services performed by the Provider, is carried out if the Customer provides the relevant financial documents confirming payment for services for which the claim is made.
7.4. In disputes the parties have the right to provide printed e-mails as evidence with stored service technical information in them (titles). If the service technical information (titles) is missing a letter is not deemed to be proof. The authenticity of e-mail titles can confirmed by Internet Service Provider facilitating sending to the appropriate email or independent experts.
7.5. Failing to settle dispute by negotiation will bring the issue to court in accordance with the international law.
7.6 This Agreement is written in English, Ukrainian and Russian. In case of a dispute the Russian version has greater probative value.
8. TERM OF AGREEMENT
8.1. This Agreement shall enter into force upon receipt of payment for Services from the Customer and is valid throughout the entire term of the prepaid Services.
8.2. In the event the Customer pays for the following billing period before the expiry of the Payment Agreement, the Agreement is automatically extended under the same conditions as specified in this Agreement.
8.3. Agreement shall terminate in the event of:
- expiration of the Agreement in connection with the performance by the Parties of their commitments;
- Customer refuses Services;
- failure of the Provider to provide the Services, after the expiration of the Agreement;
- termination of this Agreement for breach by the Customer of its obligations specified in this Agreement and its Annexes.
8.4. Provider may at any time unilaterally refuse to provide Services to the Customer without explanation.
8.5. In the event of early termination of the Agreement, the Customer has the right to demand a refund for prepaid services of Shared hosting or VPS. For each request, the decision on the implementation of the refund is made by the Provider individually. Refunds can be made only via the payment system, which is presented on the website in the section "Payment". Prepayment for services other than Shared hosting or VPS is not refundable.
8.6. In the event of early termination of the Agreement, the parties stipulate the procedure of entering the domain name delegated to the Customer, to another registrar without cancellation of delegation of the domain name.
8.7. On all matters not covered in the text of this Agreement the parties shall be governed by the international laws.
9. ANNEX TO THE AGREEMENT
9.1. Annexes are an integral part of this Agreement.
9.2. Annex 1 — Terms of Service.
9.3. Annex 2 — Private Policy.
10. PROVIDER NAME