Company Onhost.net (Executer) on the one side and physical person, specified during registration on the Executer's site all necessary requisites, and/or the juridical entity acting as client, (Client) from the other side (The Executer and the Client are further called the Сontractors ) signed this agreements as follows:
1. SUBJECT OF THE AGREEMENTS
1.1. The Executor provides paid and free Services to the Client in an order and on the conditions provided by this agreements.
1.2. The Client pays for Paid services in an order and on the conditions provided by this agreements.
1.3. The Client does not pay free services and uses them in the amount described in point 4 of this agreements.
1.4. This agreements is a public offer and according to the current legislation, ________ has appropriate validity.
2. BASIC TERMS
2.1. Special terms used in this agreements are in detail described and explained by the Executor in Addition No. 1 to this agreements.
2.2. The terms which are used in this agreements in plural form, have the same value as in the singular form, and vice versa.
3. CONTENT
3.1. The Executor does not bear responsibility for the Content that is located or is used on pages of the sites of the Client.
3.2. All services provided by the Executor can be used only for legitimate purpose.
3.3. It is forbidden to use services of the Executor and thus to break or encroach on copyright or trademarks of the third parties. This ban includes, but is unlimited by the written: copying of music, books, photos or any other works and materials protected by copyright.
3.4. Any offers about sale of any counterfeit goods of the owner of a trademark will lead to the immediate termination by the Executor of rendering of services, with further possibility to remove the account of the Client.
3.5. Any account of the Client in which the Executor reveals copyright violations will be immediately removed or access to materials on the site will be limited.
3.6. Any account of the Client in which copyright violations is rediscovered will be blocked and/or removed from a hosting.
3.7. The Executor reserves the right to refuse rendering of services to any client. Any material which the Executor may consider obscene, menacing, illegal or which violates conditions of this agreements in any kind, can be removed (or access to it can be limited) from the Executer's servers with the notification of the Client or without it.
4. CONDITIONS OF USE OF FREE SERVICES
4.1. Free services give the possibility to the Client use services of installation of products from the list offered by the Executor free of charge.
4.2. The Executor provides services in installation of content management system (CMS) in the volume presented for downloading on the official site by its developers free of charge.
4.3. In order that the Executer provides free services, the Client is obliged to pay hosting services at least for 3 months.
5. CONDITIONS OF HOSTING SERVICES USAGE
5.1. The Executer provides a traffic and a place on a disk in the volume specified in a tariff, paid by the Client for the chosen product.
5.2. The Client promises to use the resources of a paid hosting allocated to him according to the conditions of use of a paid hosting.
5.3. The Client agrees to make payment for paid services provided by the Executor before rendering of services.
5.4. The Executer can accept from the Client monthly, quarterly, semi-annual and annual payments.
5.5. In a case when the Client isn't satisfied with hosting services, he has the right to request return of money for the first 30 days.
5.6. Registration of a domain name on Client`s demand is carried out after payment of account.
5.7. Refund for registration of a domain name is not provided.
5.8. Payment for service is made according to the tariffs specified on the Executers site.
5.9. Methods of payments may not be specified on the Executers site, but the Client has the right to make an inquiry in executive technical support for explanations.
5.10. The payment for account creation isn't raised from the Client.
5.11. When making payment, the Client agrees to pay the commission of 3% provided by payment system. In case of increasing by system the percent of the commission, the Client also agrees to pay it. If money refund occurs, the Executer doesn`t reimburse to the Client the percent removed by the system and the commission of Web Money system.
5.12. The Executer does not bear responsibility in cases when the payment system detains or is unable for any reasons to accept and process payment from the Client.
5.13. If the Client uses a credit card for fee, the Executer has the right to re withdraw money from the card automatically to extend the validity of services. In cases when the Client turns to the Executer and informs that automatic removal of money for fee should not be made, then the Executer stops removal of money from the card of the Client.
5.14. The client is obliged to pay for services in time, according to the tariffs specified on the Executers site before the term termination of the existing hosting plan paid by the Client.
5.15. The Executer makes out the Client the invoice for fee. Payment is to be made by means of the payment interface.
5.16. The date of payment for extension of services is considered the date of product installation by the Client, according to the previous paid period.
5.17. If the Client doesn`t pay for services for 7 days after the date termination of fee, the account will be blocked by the Executer. In case of not payment by the Client of services within 30 days after blocking of account, the Executer has the right to remove the Client's account.
5.18. The Executer reserves the right partially or completely suspend rendering of services to the Client in case of violation or not executing the conditions of use specified in point 5 of this agreements.
5.20. The Client has the right to refuse in using Executer services at any time but with the beforehand notification of the Executer, by sending the electronic message for the e-mail specified on the Executers site.
5.21. Return of money to the Client is not carried out if the Executer earlier removed the account, but the Client created one more account. The money does not also come back to the Client if the account of the client was removed or blocked for a cause of infringement of use paid services usage conditions in point 5 (five) of this agreements.
6. CONDITIONS OF RECEIVING PAID COMPLETIONS
6.1. All necessary completions to the Client are carried out according to the demand in service of technical support.
6.2. The Client has to give detailed explanation of the necessary completion, specify the completion address, and give an example if it is possible.
6.3. The Executer has the right to ask additional questions to the Client if the task is ambiguously defined.
6.4. Оn the basis of the received task the Executer estimates performing time and makes out the invoice for payment
6.5. The Executer starts working after payment of the invoice.
6.6. The Executer has the right to refuse the Client in completion performance if it can lead disturb of functioning of the shop.
7. OTHER CONDITIONS
7.1. The Executer reserves the right to refuse rendering of services to any Client. If any content in the opinion of the Executer is obscene, menacing, illegal or violates our conditions of use in any kind, can be removed (or access to it can be limited) from the Executer 's servers with the notification of the Client or without it.
7.2. If the Client has problems or questions in a use time of services of the Executer, he can contact Executer`s technical support on e-mail address or create a ticket in the account.
7.3. The Executer is not tolerant to mass mailing of letters, spam and similar mailings by the Client from the Executer`s servers. Any account of the Client from which mass spam sending will be made will be blocked with the notification of the Client or without.
7.4. The Executer reserves the right to make changes in this agreements without drawing up and signing of additional agreements with the notification of the Client or without.
7.5. This agreements comes into force from the moment of confirmation by the Client on the Executer`s site with conditions of this agreements.
7.6. The client uses services of the Executer at his own responsibility. Backup copy in Executer`s system are created once a day which registers over other backups which were created earlier. Backups only of day prescription are stored on servers of the Executer. The Executer gives opportunities of the paid Holdbit service for implementation of backups` record with other frequency.
7.7. The Client agrees that the Executer can add Client`s e-mail address to the mailing list. The Client has the right to refuse the letters sent by the Executer, having followed the link specified in the e-mail.
7.8. The Executer guarantees appropriate performing of the provided services, and does not bear responsibility for possible business damage of the Client that can occur when using services of the Executer.
7.9. The Executer does not bear responsibility for the caused damage and does not indemnify the loss to the Client connected with interruptions in work or damage of any services, or other systems, or dis function of work systems of the Executer. The Executer also does not bear responsibility and does not indemnify loss to the Client in cases of force majeure, any other natural cataclysms, the fires, strikes, acts of terrorism and other circumstances that occur in environment.
7.10. The Executer has the right to provide or reveal all information about the Client used in systems of the Executer to law machinery in cases of lawful request of such information from representatives of law enforcement agencies.
7.11. In cases of any dispute, the agreementsors try to settle them peacefully. If the agreementsors cannot reach mutual understanding in the arisen dispute, all further processes of the solution of disputes happen according to the current legislation.
7.13. The Executer is not obliged to act as the third party in judicial proceedings of the Client.
7.14. All appendices to this agreements are its integral part.
APPENDIX NO. 1
TERMS AND THEIR VALUES
Hosting services – granting to the Client the server capacities stipulated in tariffs (tariff plan) necessary for installation and use of the Client`s product. Free services - installation of the products indicated in the list in the amount provided by the developer of the product on the official site. Paid completions – paid services in changing the established product, according to the instructions of the Client, through inquiry to service of technical support.
The client – physical or juridical entity who signed this agreements with the Executer.
Content - files, data, contents, materials, which the Client uses, loads, has on the sites.
The third party – any physical or juridical entity, the organization or the company who didn`t take part in the present agreements.
The account – a tool kit by means of which the Client can operates the product, create a new one, and contact technical support of the Executer.
The server – firmware that is hosting accounts, websites and other data of the Client.
The hosting plan – a set of options, services, products, opportunities, which the Client can use.
Place on a disk – the place allocated to the Client's account on the server.
Traffic – total volume of the entering and proceeding about the server(s) information/data for a certain period.
Content for adults – files, images and any other information of erotic or pornographic character.
Wares (software) – the program, a script, which extends in the illegal way or violates copyright.
Phishing – activity, which is directed on receiving confidential information (passwords, PIN codes, credit cards numbers, etc.) of the visitors of the site.
Hacking – attempt of breaking of any systems, the sites, programs of the third parties, for the purpose of causing material or moral damage or getting information.
Spam – mass mailing of advertising e-mails or any other ones to users of network who do not want to receive these letters.
Inode – the folders, files loaded on the server. 1 (one) inode= 1 (one) folder or 1 file on the server.
Ticket – inquiry in technical support of the Executer by means of sending an e-mail from the account of the Client.
Backup – a backup copy of files.