Public offer


Before ordering any of the tariff plans for hosting sites on HostingHutor.com servers and registering domain(s), you need to familiarize yourself with the Public Offer of our service.

The information below is an official offer to any legal entity or individual to conclude a subscription service agreement. The specified contract is a public contract - i.e. according to Art. 633, 634 of the Civil Code of Ukraine, its conditions are the same for all consumers and cannot be changed by the other party to the contract.
If you agree with the terms of the contract, you must provide the details and pay for the services. In this case, the contract will be deemed concluded, and our company will assume the obligation to provide services for the placement of websites, registration and support of domain names.
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PUBLIC OFFER
On the provision of services for the placement of websites, virtual servers (hosting), as well as the registration of domain names on the Internet, hereinafter referred to as the Services on HostingHutor.COM servers, hereinafter referred to as the Contractor, to any individual or legal entity referred to hereinafter as the Subscriber.
1. GENERAL PROVISIONS

1.1 Services are understood as:
• providing unique names and passwords to the Subscriber, allowing him to post his information on the Contractor’s servers (within 1-7 business days after receipt of payment to the Contractor’s bank account);
• registration of domain names and their support on the primary and secondary DNS name servers;
• the possibility of organizing email names with the amount of information stored at any time within the quota stipulated by the tariff plan;
• the ability to use all available programs and functions;
• access to visit statistics;
• receiving the necessary consultations by e-mail to connect to the Service and configure the software.
1.2. The Services do not include providing the ability to receive and transmit electronic messages of the Subscriber at the Contractor’s office, setting up or diagnosing a personal computer, modem and software of the Subscriber both at the Contractor’s office and visiting the Subscriber, as well as training in Internet skills.
1.3. The Contractor provides domain name registration on the basis of an Agreement concluded with the .UA domain administrator - Hostmaster LLC, Coordinator PE, administrators of regional zones of Ukraine, and other registration organizations.
• when assisting the Subscriber in the registration of a domain name, the Contractor is not responsible for the timing and possible delays in registration associated with the technological features of the registering organization. The Contractor is also not responsible for the refusal of the registering organization to register a domain for any reason that does not contradict their internal Regulations.
• A new domain name is registered if all the necessary conditions, rules and regulations for its registration are met, in particular:
• At the time of registration, such a domain name is free.
• The generally accepted moral and ethical standards are not violated..
• The application contains complete and correct information necessary for registering a domain.
• Complied with the rules of this domain zone.
1.3.1. The rights to the domain name(s) that is (are) registered, throughout the term of the offer, are transferred to the Subscriber, subject to the payment of a fee, in accordance with Section 3 of this offer.
1.3.2. In the event that for some reason the registered domain cannot be registered for the Subscriber, the Contractor has the right to register such a domain by indicating its contact information, while the Contractor does not have the right to own such domain names and does not apply for them.
1.3.3 The subscriber guarantees that at the time of the conclusion of this offer according to the information provided by him, neither the registration of the domain name nor the procedure for its use violates the intellectual property rights of third parties.
1.3.4 For a registered domain(s) under this offer, money is not refunded under any conditions.
1.3.5 The subscriber agrees to the consideration of any disputes that arise regarding domain names, in accordance with the provisions of this offer.

2. RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. Contractor Responsibilities:
2.1.1. Registration of the Subscriber by issuing him a password and name (login), transferring the password and login to e-mail of the Subscriber;
2.1.2. To fulfill their obligations to provide the Services at a high level.To fulfill its obligation to provide a high level of service.
2.1.3. Provide Services in accordance with the amount of the tariff plan chosen by the Subscriber.
2.1.4. Maintain confidentiality of the Subscriber's information received from him during registration, as well as the content of private e-mail messages, except as otherwise provided by applicable law of Ukraine.
2.1.5. Publish official messages related to the servicing of the Subscriber and changes in tariffs for payment on the Contractor’s website – www.HostingHutor.com

2.2. Subscriber Responsibilities:
2.2.1. Timely and in full to pay for the Services in accordance with the selected tariff plan of the Contractor. The Client undertakes to independently familiarize himself with the information on the terms of service and tariffs on the Contractor's website – www.HostingHutor.com
2.2.2. Independently take all necessary measures to ensure the security of information that is transmitted via the Internet and which is posted on the server by the Subscriber;
2.2.3. Do not transfer responsibility to the Contractor for losses of any plan incurred by the Subscriber or third parties when using the Contractor's Services;
2.2.4. Follow the instructions of the Contractor's employees for the correct use of the Services and the global Internet;
2.2.5. Use the Internet access service, observing the requirements of the current legislation and the provisions of this offer;
2.2.6. It is forbidden to place “chats”, torrent trackers, scripts for “driving traffic” and scripts “downloaders”, as well as sites such as “doorways” on the executor’s servers in tariff plans for shared hosting.
2.2.7. Sticking to the Rules of receipt telecommunication Services, namely:
• not to take actions aimed at restricting or preventing other users from accessing the Services, as well as attempting unauthorized access to the Contractor’s resources and to other systems that are accessible via the Internet;
• do not send via the Internet any information that is contrary to the requirements of Ukrainian legislation or international law;
• do not publish or transmit any information or software that contains computer viruses or other components that are equivalent to them;
• not to take actions aimed at sending, publishing, transmitting, reproducing, providing or in any way using information, software or other materials fully or partially obtained using the Services (if this is not permitted by the owner of such information, software or other products), subject to the written request of the owner of such information about the restriction of the listed actions;
• do not send electronic messages of a commercial or other nature that have not previously been agreed upon (if there is no request) with their recipient, as well as in case of violation of the Network Usage Standards adopted by the working group of the Open Forum of Internet Service Providers if there is a written statement from the recipient of such mailing;
• Do not publish or transmit through the Internet any information that is contrary to applicable Ukrainian or international law. In particular, this applies to:
• информации, которая призывает к:
1) overthrow of the constitutional order;
2) violation of the territorial integrity of Ukraine;
3) war propaganda;
4) incitement to racial, national, religious hostility;
5) the commission of terrorist acts.
• information that contains elements:
1) cruelty;
2) violence;
3) pornography;
4) cynicism;
5) humiliation of human honor and dignity.
Due to the lack of legislatively established methods for determining whether a particular image is pornographic, the Contractor reserves the right to such a determination.
The parties also agreed that it is forbidden to publish or transmit via the Internet information of pornographic or erotic content located on the border with pornographic, in the opinion of the Contractor.
• do not host or run PROXY, VPN or tunnels;
• do not order or offer spamming, including for the purpose of advertising;
Spam is electronic mail not pre-ordered by consumers, which are either mass messages or which do not provide reliable information about the full name, personal address or email address of the customer or the sender of these messages, or the subsequent receipt of which the consumer cannot stop by informing the customer or sender;
• Do not send spam, including for the purpose of advertising;
• not to commit or contribute to the performance of any actions that impede the work of other Subscribers of the Services or the normal functioning of the Contractor's equipment.
• not to carry out unauthorized access and any damage to the Contractor’s resources, users of the Internet and other networks that can be accessed via the Internet;
• other actions that contradict generally accepted standards for the use of Internet resources or pose a threat to the integrity of the Contractor’s communication network.
2.2.8. In case of revealing the fact of spam distribution, which contains information about the Subscriber’s resource / website hosted on the Contractor’s server, the Contractor has the right to temporarily or completely stop servicing this resource / website.

2.3. Rights of the Contractor:
2.3.1. Temporarily or completely terminate the provision of the Services to the Subscriber in the absence of payment for the Services within the deadlines set by the Contractor, as well as in the following cases:
• publication or transfer by the Subscriber of any information or software that encompasses computer viruses or other components that are equated to them;
• Subscriber’s actions that entail restricting access by other users to the Contractor’s Services;
• attempts of the Subscriber to access resources that are available on the Internet;
• distribution via the Internet of any information that contradicts the requirements of the legislation of Ukraine or international law;
• spamming or advertising resources that are supported by the Services;
• illegal posting and use of copyrighted information;
• any actions that may lead to or lead to malfunctions of the Contractor’s network or telecommunication services;
• placement of information and distribution of advertising that is contrary to applicable Ukrainian or international legislation;
• actions that harm the Contractor or the Internet community;
• any other illegal actions or actions that contradict the requirements of the current legislation of Ukraine;
• violation by the Subscriber of the Rules for obtaining telecommunication Services specified in clause 2.2.7. of this offer;
2.3.2. At the end of 72 (seventy two) hours after the Contractor refuses to provide the Services to the Subscriber, automatically delete all the information that belonged to the Subscriber. During these 72 (seventy two) hours, the Contractor fully stores all the information.
2.3.3. If the Subscriber has increased requirements for hardware and other resources that are provided as part of the ordered service, the Contractor reserves the right to offer the Subscriber a switch to a different tariff plan, and in case of the Subscriber’s refusal, to stop its service without refund.
2.3.4. The Contractor has the right to change the terms of this offer. The effective date of amendments to this offer is the date of publication on the Contractor's official website www.HostingHutor.com
2.3.5. The Contractor has the right to disclose information about the Subscriber only in accordance with the current legislation of Ukraine.

2.4. Subscriber Rights:
2.4.1. Require the Contractor to provide Services in accordance with the terms of this offer.

3. COST OF SERVICES AND PAYMENT PROCEDURE

3.1. The cost of the Services is determined accordingly with the tariff plans published on the Contractor’s website - www.HostingHutor.com
3.2. The Contractor has the right to unilaterally review the prices of the Services and introduce a new tariff plan. The effective date of the new tariff plan is the date of its publication on the Contractor's official website (www.HostingHutor.com). In the event of a change in tariffs, previously made payment for new tariffs is not recalculated.
3.3. Services are provided in full provided that there is a positive balance in the personal account of the Subscriber in his panel.
3.4. Services are paid in the form of 100% prepayment.
3.5. Payment can be made in any way that is available and permitted on the Contractor's website (www.HostingHutor.com) in the appropriate section of the site.
3.6. The Subscriber / Customer is solely responsible for the accuracy of the payments made by him.
3.7. Within 14 (fourteen) days from the date of formation of the negative balance on the personal account of the Subscriber / Customer, the login name of the Subscriber / Customer and information is stored for the Subscriber / Customer. After this period, all data of the Subscriber / Customer will be automatically deleted.
3.8. Lack of access, poor quality and long response time of individual nodes or resources of the global Internet, which are administered by third parties, are not interruptions in the provision of the Services under the Agreement and are paid in accordance with the tariffs.
3.9. The parties agreed that due to the specificity of the Services that are provided, the Services and work performed should be considered provided and performed properly from the moment of sending the activation letter, indicating the login name and password to the email address of the Subscriber / Customer indicated by him During registration. If the Subscriber / Customer has a claim to the services provided, he shall forward his claim to the email address (e-mail): info@hostinghutor.com within 10 (ten) hours from the date of sending the activation letter.

 

4.TERMS AND CONDITIONS OF THE PARTIES
4.1. The Contractor is not responsible for the quality of public communication channels through which access to the Services is made.
4.2. The Contractor does not guarantee the absolute uninterrupted or error-free services and does not guarantee that the proposed software or any other materials do not contain system errors. The Contractor makes all reasonable efforts and measures to prevent this.
4.3. The Contractor is not responsible for any expenses or losses incurred, directly or indirectly, by the Subscriber when using the Services.
4.4. The Contractor shall not be liable for non-fulfillment or improper fulfillment of the obligations to provide the Services as a result of force majeure (earthquake, flood, hurricane, etc.), the abduction or damage to the lines and station structures by intruders or through the fault of the Subscriber.
4.5. The Contractor shall not be liable for direct or indirect damage caused to the Subscriber as a result of the use or inability to use the Services or incurred as a result of errors, omissions, interruptions in work, deletion of files, defects, delays in the work or transfer of data, or changes in functions and other reasons. The Contractor does not guarantee acceptance of the Subscriber's mail from remote networks, the operation of which led to the inclusion of the address of such a network in the lists by which the Contractor's mail delivery program does not receive mail.
4.6. The Contractor is not responsible for the safety and legal support of information that is on the site(s) or in the Subscriber’s FTP, database.
4.7. The Subscriber assumes full responsibility and risks associated with the use of the Internet through the Services, including 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 Services.
4.8. The subscriber is fully responsible for the safety of his password and for losses that may arise due to unauthorized use of it. Upon the theft of the username and password that occurred due to the fault of third parties, the client has the right to send to the Contractor an application to change the username and password. The Contractor is not responsible for the actions of third parties that led to the theft, and to recover money spent on stolen time, the client must contact the appropriate investigative and law enforcement authorities.
4.9. The Contractor is not responsible for notifying any third parties about the withdrawal of the Subscriber's access, and for possible consequences that arose as a result of the absence of such a warning.
4.10. The Contractor is not a defendant or co-defendant for any obligations and expenses related to the violation of the provisions of this offer by the Subscriber or other persons who use the Subscriber’s account name (Login) and password related to the use of the Internet using the Services related to the placement or transmission of any message , information, software or other materials on the Internet by the Customer or other persons who use his login name and password.
4.11. The Contractor is not responsible for the activities of the Subscriber within the mail space, which is definitely the account name (Login) of the Subscriber.
4.12. The Contractor fulfills the Subscriber’s requests sent only from the service area (account) on the Contractor’s official website.
4.13. The subscriber is solely responsible for the accuracy and confidentiality of the data specified by him or his representative when registering the domain name.

5. PROCEDURE FOR THE CONSIDERATION OF CLAIMS AND DISPUTES
5.1. All disputes and disagreements that arise during the implementation of this offer will be resolved through negotiations between the Parties.

6. THE MOMENT OF ENTRY INTO FORCE OF THE PUBLIC OFFER. VALIDITY. ORDER OF CHANGE AND TERMINATION

6.1. By agreeing to the terms of this offer, the Subscriber / Customer claims that he knows and understands the purpose of collecting, storing and publishing information that is provided to the Contractor and necessary to ensure the process of delegation of the domain name, as well as that he knows and agrees that the current status of such information will be publicly available in real time through WHOIS or a similar service.
6.2. By agreeing to the terms of this offer, the Subscriber / Customer claims that the information about himself provided to the Contractor for the purpose of delegating the domain name, in particular contact information, is complete, true and accurate. The Subscriber / Customer is solely responsible for the accuracy and confidentiality of the data specified by him or his representative during registration.
6.3. This offer comes into force from the moment it is accepted by the Subscriber / Customer and is valid for the period for which the Subscriber / Customer prepays the Services.
6.4. If the Subscriber / Customer makes a payment before the expiration of the Agreement for the Services for the next billing period, the Agreement is automatically renewed under the same conditions as defined in this Agreement.
6.5. The Subscriber has the right at any time to unilaterally refuse the Contractor's Services. In this case, the Subscriber is obliged to notify the Contractor 14 calendar days before the date of termination of the Public Offer. The offer is considered terminated after the expiration of this period and if the Subscriber / Customer has no debt or unfulfilled obligations.
6.6. In case of early termination of the provision of the Services in accordance with this Offer, the Subscriber shall be refunded for the full months of unused time. In case of violation of this offer, funds will not be returned. The refund period is 14 business days.