Edition of 19.12.2024
DataDynamics LLC, which is a service provider,
hereinafter referred to as the "Operator", represented by the
company's director Anastasia Rebriy, acting on the basis of the Charter, guided
by Article 633 of the Civil Code of Ukraine, offers an unlimited number of
persons to conclude an agreement on the provision of telecommunication
services. Pursuant to Articles 638 and 642 of the Civil Code of Ukraine, if you
agree to the terms and conditions (acceptance) of this public agreement, you
must register (provide your details) and pay for the services. In this case,
the agreement will be considered concluded, and our firm will be deemed to have
undertaken to provide the services specified in the subject matter of this Agreement.
This Agreement may be concluded in
one of the following ways:
а) By signing an additional
agreement to the agreement concluded with the Operator before the publication
of this Public Agreement;
б) By preliminary certification of
the Subscriber by the Administrator and payment of the first invoice issued by
the Operator by the Subscriber using the current account,
containing details that allow to
identify the Subscriber,
namely, the identification code for
an individual or the EDRPOU code for a legal entity. The operator is solely
responsible for the accuracy of this information.
1.
SUBJECT MATTER OF
THE CONTRACT
1.1. The Operator provides telecommunication services
(hereinafter referred to as the Services) to consumers (hereinafter referred to
as the Subscribers)
1.1.1. Web Hosting services (rent of disk server space)
domain name
registration services
1.1.2. advising on the above issues
1.2.
In case of
providing Web Hosting Services
1.2.1.
the ability to
organize e-mail with the amount of information stored at any given time within
the quota provided by the tariff plan;
the ability to
use all available programs and functions, access to visit statistics
1.2.2.
The Operator
provides computing resources with load limits according to the tariff plan
chosen by the Subscriber
1.3.
In case of
provision of the Internet domain name registration services
1.3.1.
Domain name
registration and support on the primary and secondary DNS name server
The operator
assists in the registration of a domain name by administrators of regional
zones of Ukraine and other registration organizations.
1.3.2.
When assisting
the Subscriber in domain name registration, the Operator is not responsible for
the terms and possible delays in registration related to the technological
features of the registering organization. Also, the Operator is not responsible
for the refusal of the registering organization to register a domain for any
reason that does not contradict its 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, this domain name is free
- generally
accepted moral and ethical standards are not violated
- the
application contains complete and correct information required for registration
- the rules of this domain zone are followed.
1.3.3.
The rights to the
domain name(s) to be registered shall be transferred to the Subscriber for the
entire term of the Agreement, subject to payment of the relevant fee in
accordance with the procedure provided for in Section 3 hereof.
The Subscriber
guarantees that at the time of concluding this Agreement, according to the
information provided by him/her, neither the registration of the domain name
nor the procedure for its use infringes the intellectual property rights of
third parties.
1.3.4.
No refunds are
made for the registered domain(s) under this Agreement in any case.
The Subscriber
agrees to resolve any disputes arising from domain names in accordance with the
provisions of this Agreement.
1.4.
In case of
providing dedicated server rental services, the services include
1.4.1.
provision by the
Operator to the Subscriber of information and technical Services using the
equipment (dedicated physical server) of the Operator on the Internet, which is
located at the technical site of the Operator.
connecting the
server to the Internet
1.4.2.
connecting it to
an uninterruptible power supply network of 220 V 50 Hz
2.
GENERAL
PROVISIONS
By entering into the Agreement, the
Subscriber confirms that he/she is fully familiarized with and agrees to its
terms and conditions, and, if the Subscriber is an individual entrepreneur,
agrees to be bound by the Agreement,
he/she authorizes the processing
of his/her personal data by the Operator in order to fulfill the terms of this
Agreement, to make mutual settlements, as well as
to receive
invoices, acts and other documents, including those signed with an electronic
digital signature.
The permission to process personal
data is valid for the entire term of the Agreement, as well as for the next
five years after its expiration.
The destruction of personal data
shall be grounds for termination of the Agreement and shall be performed on the
basis of a written (paper) application of the Subscriber.
In this case, the Agreement shall
be terminated from the date specified in the relevant notice of the Operator.
In addition, by entering into this Agreement, the Subscriber confirms that
he/she
notified (without additional
notification) of the rights established by the Law of Ukraine "On Personal
Data Protection" about the purpose of data collection, as well as that
his/her
personal data is transferred to
the legal entity Datadynamics LLC in order to fulfill the terms of this
Agreement, to make mutual settlements, as well as to receive invoices, acts and
other documents. The Subscriber also agrees that the Operator has the right to
provide access to and transfer his/her personal data to third parties without
any additional notifications to the Subscriber, without changing the purpose of
processing personal data (for example, when registering a domain name).
The scope of the Operator's rights
as a personal data subject in accordance with the Law of Ukraine "On
Personal Data Protection" is known and understood by him.
The Services do not
include the possibility of receiving and transmitting electronic messages of
the Subscriber in the Operator's office, setting up or diagnosing the
Subscriber's personal computer, modem and software both in the Operator's
office and on-site, as well as training in Internet skills.
3.
RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1.
Responsibilities
of the Operator
3.1.1.
To conduct its
activities in accordance with the Rules for the Provision and Receipt of Telecommunication
Services approved by the Resolution of the Cabinet of Ministers of Ukraine No.
295 dated 11.04.2012 (hereinafter referred to as the "Telecommunication
Services Rules") and other regulatory legal acts of Ukraine in the
telecommunications sector.
Provide
services in accordance with the established values of quality indicators in
accordance with the regulatory documents in the field of telecommunications,
the contract, terms of service in compliance with the requirements of the Rules
of Telecommunication Services and other regulatory legal acts.
3.1.2.
Provide the
Services in accordance with the tariff plan selected by the Subscriber and
guarantee the ability of the leased equipment to provide the Services to the
Subscriber in accordance with the selected tariff, throughout the entire period
of validity of this Agreement, provided that the Subscriber fulfills all its
obligations.
Notify the
Subscriber no later than 24 (twenty-four) hours in advance of preventive
maintenance and repair work by sending a warning to the Subscriber's e-mail.
3.1.3. To publish official notifications related to the
Subscriber's service by changing the payment tariffs on the Operator's website
- www.Hostings.AT
The Operator
has no right to interfere with the Subscriber's activities regarding his/her
work within the scope of the Services provided.
3.1.4.
When providing
colocation services, at the Subscriber's request, inform about the list of
certified equipment that can be connected to the public telecommunications
network (at the Subscriber's request).
Notify
subscribers of a reduction in the list of services, suspension or termination
of services, disconnection of their terminal equipment in cases and in
accordance with the procedure established by the Telecommunication Services
Rules and the agreement, including in case of non-payment for services.
3.1.5.
Keep records of
the volume and cost of services provided for each type separately and ensure
its accuracy.
Ensure the
correct application of tariffs and timely informing the consumer about their
changes (seven days before the effective date).
3.1.6.
To take measures
in accordance with the law to ensure the confidentiality of information
transmitted by telecommunication networks, confidentiality of information about
the subscriber and the services he/she has received or ordered, except as
provided for in clause 6.5 of this Agreement and the current legislation of
Ukraine.
Provide the
Subscriber with information about the services provided to him/her in the form
of an activation letter with a username (login and account number ) and
password to the Subscriber's e-mail address specified by him/her during
registration.
3.1.7.
When providing
dedicated server rental and colocation services, connect the equipment to the
port of the Operator's network and ensure uninterrupted operation of the
equipment and power supply to the equipment.
3.2.
It is not
included in the Operator's responsibilities:
3.2.1.
Compensation for
damage caused to the Subscriber by third parties as a result of using the
Services provided by the Operator. The Operator shall also not be liable for
any damage caused by the Subscriber to third parties as a result of receiving
and using the Services.
To be
responsible for any damage caused to the Subscriber as a result of using the
Internet, in particular, data loss due to delays, lack of delivery,
misdirection or interruption of the Services that arose as a result of using
the Internet or due to the Subscriber's errors
3.2.2.
The Operator
shall not in any way control or be responsible for the content and quality of
information transmitted by the Subscriber via the Internet and placed on the
Subscriber's equipment.
The Subscriber
uses any information obtained from the Internet at his/her own risk. The
Operator is not responsible for the accuracy and quality of information
received through the Services provided by it.
3.3.
Subscriber's
obligations:
3.3.1.
Independently
monitor the billing period of the service provided, pay for its extension in a
timely manner, or deliberately notify of unwillingness to extend it.
Pay for the
Operator's Services in a timely manner and in full in accordance with the
selected tariff plan. The Subscriber is obliged to pay for the Operator's
Services only on behalf of the person indicated during registration in the
contact or billing information. The Subscriber undertakes to independently
familiarize himself with the information on the terms of service and tariffs on
the Operator's website www.Hostings.AT
3.3.2.
Use the Internet
Access Service in compliance with the requirements of the applicable law and
the provisions of this Agreement.
Follow the
instructions of the Operator's specialists for the correct use of the Services
and the global Internet.
3.3.3.
Adhere to the
rules of access to the equipment established by the Operator.
Independently
take all necessary measures to ensure the security of information transmitted
via the Internet and placed on the server by the Subscriber.
3.3.4.
Not to shift to
the Operator the responsibility for losses of any kind incurred by the
Subscriber or third parties while using the Operator's Services.
To comply with
the Rules for Receiving Telecommunication Services, in particular:
·
not to take
actions aimed at restricting or obstructing other users' access to the
Services, as well as attempts to unauthorized access to the Operator's
resources and other systems accessible via the Internet.
·
not to send any
information via the Internet that contradicts the requirements of Ukrainian
legislation or international law.
·
not to publish or
transmit any information or software that contains computer viruses or other
components that are equivalent to them
·
not to take any
actions aimed at sending, publishing, transmitting, reproducing, providing or
in any way using information, software or other materials obtained in whole or
in part through the Services (unless it is authorized by the owner of such
information, software or other products), provided that the owner of such
information has a written request to restrict the above actions.
·
not to send
electronic messages of a commercial or other nature that have not been agreed
upon (unless requested) in advance with the 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 the recipient of such mailing has
a written application.
·
not to publish or
transmit any information via the Internet that is contrary to applicable
Ukrainian or international law. In particular, this applies to:
1) overthrow of the constitutional order
2) violation of the territorial integrity of Ukraine
3) war propaganda
4) inciting racial, national, religious hatred
5) committing terrorist acts
6) information that contains the following elements,
which contradict, in particular, the Law of Ukraine "On Protection of
Public Morality" of November 20, 2003:
§ cruelty
§ violence
§ pornography
§ products of erotic content
§ cynicism
§ humiliation of human honor and dignity
§ it is forbidden to publish or transmit via the
Internet information of pornographic and erotic content, which, in the opinion
of the Operator, is on the verge of pornographic content
§ do not host or run PROXY, VPNs or tunnels
§ not order or offer to send spam, including for
advertising purposes
§ do not send spam, including for advertising purposes
§ not to commit or facilitate any actions that interfere
with the work of other Subscribers of the Services or the normal functioning of
the Operator's equipment, in particular, the server load in excess of the
limits set by the Operator for Subscribers in clause 1.1.4 of this Agreement
§ not to carry out unauthorized access and cause any
damage to the Operator's resources, Internet users and other networks that can
be accessed via the Internet
§ other actions that contradict the generally accepted
norms of using the Internet resources or pose a threat to the integrity of the
Operator's communication network
3.3.5.
notify the
Operator within the period specified in the agreement, but not less than within
10 days, of any changes in the mandatory details provided for in the agreement.
When providing
colocation services, the Subscriber has the right to connect terminal equipment
only that has a document of conformity.
3.3.6.
The Subscriber is
prohibited from using the terminal equipment to commit illegal actions or
actions contrary to the interests of national security, defense and law
enforcement.
to provide, in
accordance with the Law of Ukraine "On Personal Data Protection" and
Section 7 of the Agreement, the Subscriber's consent to the processing of
personal data necessary for the conclusion of the Agreement and provision of
telecommunication services;
3.3.7.
In case of
detection of the fact of spam distribution containing information about the
Subscriber's resource/site hosted on the Operator's server, the Subscriber
undertakes to delete this resource/site within 6 (six) hours.
By agreement
of the parties, other duties in accordance with the law.
3.3.8.
Sign the
Agreement and the Acceptance Certificate for the services (work performed)
within 5 (five) calendar days from the date of receipt of these documents from
the Operator.
3.4.
Operator's rights
3.4.1.
Demand timely
payment for the Service by the Subscriber in accordance with the provisions of
the Agreement.
To temporarily
stop providing services (certain types of services) in full or in part,
including:
1) In the event that the Operator ceases to provide
services in accordance with the law
2) At the initiative of the consumer, indicating the
reason for such termination, in compliance with the terms specified in clause
8.1 of this Agreement
3) In connection with arrears in payment for services
beyond the term or amount specified in the agreement, in accordance with the
law, as well as the expiration of subscription funds in accordance with the law
and the agreement, if no payment confirmation is received within 3 days after
sending a notice of the payment deadline, and until the debt is paid
4) In connection with the Operator's preventive, repair
or other work, the performance of which makes it impossible to provide
services, until the possibility of providing the relevant services is restored,
notifying the Subscriber no later than 24 hours before the start of such work
by e-mail
5) In connection with the occurrence of a natural
disaster, emergency, introduction of a state of emergency or martial law in
accordance with the law
6) Violation of the requirements of the legislation on
the operation of terminal equipment by the Subscriber, until the rules of
operation are restored
7) If the Operator classifies any actions taken or
performed by the Subscriber or third parties through the Services provided to
the Subscriber under this Agreement as causing or capable of causing damage to
the Operator, other Subscribers or the normal functioning of the network. Such
actions include those caused by:
I.
technical defects
of the Subscriber's equipment
II.
incorrect
settings of the network part of the Subscriber's software
III.
intentional
actions of the Subscriber that interfere with the normal functioning of the
Operator's network or the work of the Operator's Subscribers
IV.
If the Subscriber
violates the rules for receiving telecommunication Services, in particular
those specified in clause 3.3.8 and others
3.4.2.
Terminate access
to the Services or terminate the agreement unilaterally without prior notice in
the event of:
1) publication or transmission by the Subscriber of any
information or software that contains computer viruses or other components
equivalent to them
2) the Subscriber's actions that entail restriction of
access of other users to the Operator's Services
3) attempts of unlawful access of the Subscriber to the
resources available on the Internet
4) sending any information via the Internet that
contradicts the requirements of Ukrainian legislation or international law
5) sending spam or advertising resources supported by the
Services
6) illegal posting and use of copyrighted information
7) any actions that may lead to or have led to
disruptions in the operation of the Operator's network or telecommunication
services
8) posting information and distributing advertising that
is contrary to the current Ukrainian or international legislation
9) actions that harm the Operator or the Internet
community
10) any other illegal actions or actions contrary to the
requirements of the current legislation of Ukraine
11) violation by the Subscriber of the Rules for receiving
telecommunication services specified in clause 3.3.8. of this Agreement
12) in case the Operator
discovers the fact that the Subscriber has provided incomplete, false,
inaccurate information during registration in accordance with clause 7.1, as well as subclause 8.1.7 of this Agreement
3.4.3.
The Operator
reserves the right to send a notification to the Subscriber's e-mail address
specified during registration about the end of the service period 3 (three)
days before the end date. In this case, from the moment the Operator sends this
e-mail, the Subscriber is considered to be warned.
Upon expiration of 48 (forty-eight) hours after the Operator
refuses to provide the Services to the Subscriber or terminates the Agreement,
automatically delete all information belonging to the Subscriber. During these
48 (forty-eight) hours, the Operator shall fully retain all information and documents
provided to it by the Subscriber for the purpose of delegation of domain names.
3.4.4.
In case of increased needs of the Subscriber for hardware and
other resources provided as part of the ordered service, in particular, in case
of violation of clause 1.1.4 of this Agreement by the Subscriber, the Operator
reserves the right to offer the Subscriber to switch to another tariff plan,
and in case of refusal of the Subscriber - to terminate his/her service without
refund and terminate this Agreement unilaterally.
The Operator has the right to change the terms of payment
under this Agreement (including payment terms). The date of entry into force of
amendments to this Agreement is the date of their publication on the official
website of the Operator www.Hostings.AT.
3.4.5.
The Operator reserves the right to immediately terminate the
provision of the Services and terminate the Agreement in case of
non-fulfillment by the Subscriber of clause 3.3.8 of this Agreement.
When providing colocation services, the Operator reserves the
right to connect and/or disconnect the Subscriber's terminal equipment
connected to the telecommunications network in the absence of documents
confirming its compliance with the requirements of regulatory documents in the
field of telecommunications, as well as in other cases determined by law.
3.5.
Subscriber's
rights:
3.5.1.
Require the
Operator to provide the Services in a timely and high-quality manner in
accordance with the terms of this Agreement.
Receive advice and information from the Operator to the extent
necessary to use the Services.
3.5.2.
Change the Administrative contact of the domain name
(Admin-C) in the first and second level domain zones.
Refund from the Operator of the unused part of the funds in
case of refusal to prepay for the service in cases and in accordance with the
procedure specified in the Telecommunication Services Rules. Only the amount
unused by the Subscriber is subject to refund.
3.5.3.
Early termination of the Agreement upon written request,
provided that the Operator is notified no later than 30 calendar days in
advance
To compensate for damage caused by the Operator's failure to
fulfill or improper fulfillment of obligations under the contract or
legislation
3.5.4.
Refuse services in accordance with the procedure established
by the agreement.
To delete (in whole or in part) information about him/her
from the electronic databases of the Operator's information and reference
services free of charge upon written request.
3.5.5.
Other rights that do not contradict the law.
4.
TARIFFS, COST OF SERVICES AND PAYMENT PROCEDURE
4.1.1. The cost of the Services is determined
in accordance with the tariff plans published on the official
website of the Contractor www.Hostings.AT. The Subscription
fee and prices for the Services are indicated in US dollars. Payments are made
by the Subscriber in UAH, in accordance with the commercial exchange rate of
the US Dollar - Ukrainian Hryvnia at the time of invoicing the customer (or on the invoice in case of payment
by bank transfer).
The terms of payment for services shall be detailed by the
types of payments charged to the Subscriber for the services received. In case
of providing a package of services, the unit of tariffication
shall be determined for each type of service included in the package. The www.Hostings.AT. cost of the Services
is determined in accordance with the tariff plans published on the Operator's
website - Subscription fees and prices for the Services are indicated in the
national currency of Ukraine.
4.1.2.
The Contractor shall have the right to unilaterally revise
the prices for the Services in US Dollars (Prices in Ukrainian Hryvnias shall
be changed in accordance with the commercial exchange rate to the US Dollar and
the Ukrainian Hryvnia), and introduce a new tariff plan. The Contractor shall
notify the Subscriber of the introduction of new prices by publishing a notice
on the official website of the Contractor or by sending a message to the
Subscriber's email. The date of entry into force of the new Tariff Plan shall
be the date of its publication on the official website of the Contractor www.Hostings.AT
. In
case of tariff changes, the previously made payment with the new tariffs shall
not be recalculated.
The Services are provided subject to a positive balance on
the Subscriber's personal account(s). The Subscriber is obliged to
independently monitor the occurrence of a negative balance on his/her personal
account(s).
4.1.3.
The condition for the provision of services to the Subscriber
is his/her 100% prepayment of the selected service in the national currency of
Ukraine within 3 (three) calendar days after signing this Agreement and/or
invoicing, in accordance with the tariffs specified on the website, or from the
moment of registration on the official website of the Operator. The duration of
the billing period is determined for each tariff plan separately (one month,
three months, six months, one year). Three days shall be counted from the
moment the Operator sends a written notice to the Subscriber's e-mail address
specified during registration.
Payment can be made in cash at the Operator's cash desk or in
non-cash form by transferring funds to the Operator's current account at any
branch of Ukrainian banks. Payment by credit card is also possible. When paying
through a bank, the Subscriber is obliged to indicate the number of the invoice
for the services and the name of the service owner. The Operator has the right
not to provide the Services if the purpose of the payment credited to the
Operator's current account does not include the service account number and the
name of the service owner until the Subscriber confirms this payment.
4.1.4.
Disputes regarding payment for the Operator's services
without providing receipts are not considered. The receipt is a confirmation of
the existence of legal relations between the Subscriber and the Operator in
accordance with this Public Agreement.
The Subscriber is solely responsible for the accuracy of
payments made by him/her. In case of change, the Operator's bank details are
published on the official website of the Operator. From the moment the new
details are published on the official website of the Operator, the Subscriber
is solely responsible for making payments made using the outdated details.
4.1.5.
In case of
cashless payments, the fact of payment for the Service shall be deemed
confirmed, and the Subscriber's personal account shall be deemed opened, after
the bank receives information about the transfer of money to the Operator's
account.
4.2. Payment by Bank Transfer
4.2.1. Payment made in a non-cash form by transferring funds
to the Operator's current account, not from the person specified during
registration in the contact or billing information, shall not be credited to
the Subscriber's personal account.
The
performance of the Services shall be confirmed by the Acceptance Certificate of
the Services (work performed), which the Subscriber shall sign within 5 (five)
calendar days from the date of its receipt. The Parties have agreed that due to
the specific nature of the Services provided, the Services and work performed
shall be deemed to have been provided and performed properly from the moment
the activation letter, with the account name and password, is sent to the
Subscriber's e-mail address specified during registration. If the Subscriber
has any claims to the services provided, he/she shall send his/her claims in
writing to the Operator's postal address or to the e-mail address:sales@hostings.at within 12 (twelve) hours from the date of receipt of
the Acceptance Certificate of the services provided.
4.2.2.
Within 30
(thirty) calendar days from the date of formation of a negative balance on the
Subscriber's personal account, the Subscriber's login name and information
shall be retained by the Subscriber. Upon expiration of this period, all
Subscriber's data is automatically deleted without the possibility of recovery.
In case of
provision of the Dedicated Server Lease Services, if the Subscriber does not pay
the invoice within 3 (three) calendar days from the date of conclusion of this
Agreement and/or invoice, the provision of the Services will be suspended
(blocked) until the invoice is paid. The cost of each reactivation of the
server, which can be carried out within 4 (four) days after the blocking of the
Service, is 200 (two hundred) UAH.In case of delay in payment on the invoice,
for the Hardware Hosting (Web Hosting) service, an additional fee of 5% of the
invoice amount for the service is charged.
4.2.3.
Lack of access,
poor quality and long response time of individual nodes or resources of the
global Internet administered by third parties shall not constitute
interruptions in the provision of the Service under the Agreement and shall be
paid in accordance with the tariffs.
In each case
of termination of the Agreement, the prepayment for the Services provided
properly, within the meaning of clause 4.2.2 of this Agreement, shall not be
refunded to the Subscriber. The unused part of the funds shall be refunded by
the Operator in case of cancellation of the subscription in the cases and in
the manner prescribed by the Telecommunication Services Rules and this
Agreement.
4.2.4.
The unused part
of the funds is refunded on the basis of a written application of the Subscriber,
including bank details, and copies of documents confirming the identity of the
payer (passport and identification code of the Subscriber) and the fact of
payment for the ordered services.
5.
RESPONSIBILITY OF
THE PARTIES
5.1. Responsibility of the
Operator:
5.1.1. The Operator is not responsible for the quality of
public communication channels used to access the Services.
The Operator
shall not be liable for the lack of access, poor quality and long response time
of certain nodes or resources of the global Internet network administered by
third parties. Cases of such lack of access shall not constitute interruptions
in the provision of the Services under the Agreement.
5.1.2.
The Operator
shall not be liable for any costs or losses incurred by the Subscriber,
directly or indirectly, while using the Services, as well as for any loss or
damage caused to the Subscriber by third parties as a result of the use of the
services provided by the Operator.
The Operator
shall be released from liability for non-fulfillment or improper fulfillment of
obligations if such non-fulfillment occurred as a result of force majeure
(force majeure), as specified in clause 4.5 below, theft or damage of lines and
station facilities by intruders or through the fault of the Subscriber.
5.1.3.
The Operator shall
not be responsible for the safety and legal support of the information
contained on the site(s) or in the Subscriber's database and FTP.
The Operator
shall not be responsible for notifying any third parties of the Subscriber's
access deprivation and for possible consequences resulting from the absence of
such a notification.
5.1.4.
The Operator
shall not be liable or co-liable for any obligations and expenses related to
the violation of the provisions of this Agreement by the Subscriber or other
persons using the Subscriber's login name and password, related to the use of
the Internet through the Services, related to the posting or transmission of
any message, information, software or other materials on the Internet by the
Subscriber or other persons using his/her login name and password.
The Operator
shall not be liable for the Subscriber's activities within the mail space
defined by the Subscriber's Login.
5.1.5.
The Operator
shall not be liable if electronic messages informing the Subscriber about the
expiration of the service period are moved to the "SPAM" e-mail
address specified by the Subscriber during registration.
5.2.
Subscriber's
responsibility
5.2.1.
In accordance
with the current legislation of Ukraine, the Subscriber assumes full
responsibility and risk associated with the use of the Internet through the
Services, in particular, responsibility for assessing the accuracy,
completeness and usefulness of any opinions, ideas or 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.
The Subscriber
shall be solely responsible for the accuracy and confidentiality of the data
specified by him or her or his representative during the registration of the
domain name.
5.2.2.
The Subscriber is
solely responsible for the content, accuracy and legality of the information
disseminated.
The Subscriber
shall be solely responsible for any damage caused to legal entities/individuals
or their property while using the Service. The Operator shall not be liable to
third parties for the Subscriber's actions.
5.2.3.
The Subscriber
shall be fully responsible for the safety of his/her password and for any
damages that may be caused by its unauthorized use. In the event of theft of
the Login and password caused by the fault of third parties, the Subscriber has
the right to send a written request to the Operator to change the password with
the obligatory attachment of the relevant financial document confirming payment
for the Services. The Operator is not responsible for the actions of third
parties that led to the theft of the account name, password, and in order to
compensate for the damage caused by this theft, the Subscriber must contact the
relevant investigative and law enforcement agencies.
The Subscriber
shall be responsible for the untimely signing and delivery to the Operator of
the Agreement and annexes to the Agreement, acceptance certificates for the
services provided. Delivery of the signed documents to the Operator shall be
carried out at the Subscriber's expense and expense.
5.2.4.
In case the
Subscriber violates the terms of signing the said documents, the Operator has
the right to suspend the provision of the Service until the Operator receives
the said documents duly signed by the Subscriber. In this case, the time during
which the Service was suspended shall be credited to the total term of the
Services under this Agreement and shall not extend the term for the Operator to
fulfill its obligations.
In the absence
of duly signed documents on the part of the Subscriber, after the suspension of
the Service in accordance with clause 5.2.6, during the period for which the
Subscriber has paid for the service, all data is automatically deleted without
the possibility of recovery.
5.3.
Exemption from
liability.
5.3.1.
The Operator
shall be released from its obligations if the performance of the Operator's
obligations is impossible due to force majeure (circumstances of insuperable
force).
Force majeure
circumstances are circumstances that arose after the conclusion of the
agreement between the Operator and the Subscriber (after the acceptance of this
agreement), and the occurrence of which neither party could have foreseen at
the time of acceptance of this agreement, including, but not limited to,
earthquakes, floods, hurricanes, fires, wars and hostilities, blockades,
revolutions, strikes, prohibitive actions of the authorities, etc.
5.3.2.
The Operator
shall notify the Subscriber of the commencement of force majeure, termination
of force majeure and/or elimination of its consequences in case the fulfillment
of obligations is impeded not only by force majeure but also by its
consequences within 4 (four) business days. A notice posted on the official
website of the Operator shall be deemed sufficient, but the Operator reserves
the right to send individual notices, which shall also be deemed a proper
notice from the Operator.
A proper proof
of force majeure is a notification of the Operator as specified in clause
5.3.3. of this Agreement.
5.3.3.
The Operator's
inability to fulfill its obligations under this Agreement due to force majeure
shall not extend the term of service provision under this Agreement and the
term of the Agreement, which shall be deemed concluded by acceptance of this
Agreement.
If the period
of force majeure lasts more than two (2) months, each party may unilaterally
terminate the agreement concluded by the Operator and the Subscriber's
acceptance of this agreement, without mutual obligations of the Parties to
compensate each other for any and all losses arising from the Operator's
failure to fulfill its obligations under the agreement and/or termination of
the agreement.
6.
PROCEDURE FOR HANDLING CLAIMS AND DISPUTES
6.1.1. All disputes and disagreements arising in the course
of performance of this Agreement shall be resolved through negotiations between
the Parties.
The
Subscriber's claims regarding the Services provided shall be accepted by the
Operator for consideration only in writing and within a period not exceeding 3
(three) calendar days from the date of the disputed situation. The term for
consideration of the Subscriber's claims shall not exceed 30 (thirty) calendar
days.
6.1.2.
Claims against
the Operator related to the provision of the Services shall be considered upon
presentation by the Subscriber of the relevant financial documents confirming
payment for the Services.
In order to
resolve technical issues, when determining the Subscriber's guilt as a result
of his/her illegal actions while using the Internet, the Operator has the right
to independently engage competent organizations as experts.
6.1.3.
During the
dispute resolution, the Parties shall have the right to provide printed e-mails
as evidence with the saved technical information in them (headers). If there is
no technical information (headers), such e-mail shall not be considered as
evidence. The originality of the e-mail headers can be confirmed by the
Internet Service Provider through which the relevant e-mail was sent or by
independent experts.
In case of
impossibility of settlement through negotiations, disputes shall be resolved in
court in accordance with the current legislation of Ukraine.
7.
FEATURES OF THE CONDITION
7.1. Registration of an individual/legal entity:
7.1.1. An individual/legal
entity has the right to accept the Agreement and become a Subscriber only under
its own name. Registration under the name of another person is not allowed. The
Subscriber is obliged to register, enter and correct the data in the contact and
billing information independently.
During the
registration of an individual/legal entity, the Subscriber must indicate
(select):
1) Email address of the mailbox
2) password to enter the control panel
3) last name, first name and patronymic/name of the
organization
4) contact information (address, phone number, e-mail)
7.1.2.
Delegation of a
private second-level domain name shall be made only upon submission of the
following documents by the Subscriber:
§ for a domain name that is fully or its second-level
component (up to but not including the "." mark) identical in
spelling to a Mark protected in Ukraine under the Madrid Agreement Concerning
the International Registration of Marks - an extract from the Official Bulletin
of the International Bureau of the World Intellectual Property Organization
certified by the central executive body of the intellectual property rights
protection authority confirming the fact of international registration of the
Mark and the fact of its legal protection in Ukraine.
§ for a domain name which is completely or its
second-level component (up to the "." mark, but not including this
mark) identical in spelling to the Mark for which the central executive body of
the state authority for the legal protection of intellectual property has
issued a certificate of Ukraine for a mark for goods and services - a duly
certified copy of this certificate
§ if the registrant (Subscriber) of the private
second-level domain name is not the owner of the rights to use the Mark in the
territory of Ukraine, a duly certified copy of the agreement on the transfer of
the rights to use the Mark in the territory of Ukraine by the owner of the Mark
to the registrant (Subscriber) of the domain name or a license agreement.
7.1.3.
The Operator, as
well as the Administrator and Operator of the .UA Public Domain Registry, shall
not be liable for the consequences of the use or misuse of domain names by the
Subscriber, including to third parties, as well as for the violation by the
Subscriber of any rights of third parties.
By signing
this Agreement, the Subscriber declares that the information provided to the
Operator for the purpose of delegation of the domain name, including contact
information, is complete, truthful and accurate. The Subscriber shall be solely
responsible for the accuracy and confidentiality of the data provided by him or
his representative during the registration.
7.1.4.
By signing this
Agreement, the Subscriber declares that he/she is aware of and understands the
purpose of collecting, storing and publishing the information provided by
him/her to the Operator and necessary to ensure the process of domain name
delegation, and that he/she is aware of and agrees that the current state of
such information will be publicly available in real time through WHOIS or a
similar service.
The Operator
shall, in accordance with the procedure established by law, create and use
databases necessary for the provision of services and containing information
provided by the Subscriber when concluding the Agreement, and ensure the
protection and non-disclosure of restricted information. The Subscriber's
personal data may be processed for the purpose of providing services, ensuring
the fulfillment of obligations under the Agreement.
7.1.5.
When providing
the services stipulated by this Agreement, the Operator shall use only the
equipment that has passed the state certification.
The
Subscriber's terminal equipment is the Operator's equipment or the Subscribers'
equipment (under the colocation service), with the possibility of remote access
to this equipment by the Subscribers through the networks of other Internet
providers. When connecting the terminal equipment, all Subscribers are assigned
unique electronic codes (identifiers) of the terminal equipment, which are IP
addresses, login, account number, and password, which allow the Subscriber to
place their information on the terminal equipment.
8.
CONSENT TO THE PROCESSING OF PERSONAL DATA
8.1.1. The Subscriber agrees that the Operator is the owner
and manager of personal data bases with the consent of the personal data
subject. At the same time, the subject of personal data agrees that he/she has
been familiarized with the rights in accordance with the Law of Ukraine
"On Personal Data Protection" dated June 01, 2010.
The Subscriber
agrees to the processing of the personal data provided by him/her (including:
collection, storage, systematization, modification, deletion, use,
distribution, depersonalization, blocking). The purpose of using personal data
and their further processing is to ensure the implementation of administrative,
legal, tax and accounting relations in accordance with the Tax Code of Ukraine,
the Law of Ukraine "On Accounting and Financial Reporting of
Ukraine", as well as compliance with the rules and requirements of the Civil
and Commercial Codes of Ukraine, other legislative acts of Ukraine when
concluding transactions (agreements, contracts, etc.) between the subjects of
contractual relations (parties to the contract), as well as compliance with the
rules and
8.1.2.
The Subscriber
agrees that the Operator has the right to depersonalize his/her personal data
for the purpose of transferring it (including cross-border transfer) to other
entities of the domain name registration market.
The Subscriber
agrees that the Operator has the right to transfer his/her data to other
entities of the domain name registration market in an impersonal form. The
Subscriber may withdraw his/her consent to the processing of personal data by
sending a corresponding order in a simple written form to the Operator's address
. In this case, the Subscriber agrees that such withdrawal may entail the
following consequences:
§ refusal by the Operator to provide services due to the
impossibility of their implementation without the specified data
§ deletion of the domain name, if it is impossible to
maintain it without the Operator having such data.
8.1.3.
The Subscriber
hereby agrees and authorizes the Operator, as the Registrar, to publish his/her
personal data in the databases of the relevant services in the public domain on
the Internet, which are necessary for the operation of services, services,
domains, in particular, in whois or similar services.
The Subscriber
agrees that his/her personal data may be transferred to another Registrar or
public domain administrator if the operation performed requires identification
of the Subscriber as the domain name owner.
8.1.4.
The Subscriber is
solely responsible for providing incomplete, false and inaccurate information
to the Operator. The Subscriber is aware that the provision of such information
may result in the suspension or complete termination of the services, as well
as unilateral termination of the Agreement without prior notice (in accordance
with clause 3.3.8. of this Agreement).
The Subscriber
agrees that the destruction of personal data is a ground for termination of the
Agreement and is performed on the basis of his/her written (paper) application.
In this case, the Agreement shall be terminated from the date specified in the
relevant notice of the Operator
9.
PROCEDURE FOR TERMINATION OF THE AGREEMENT
9.1.1. Early termination of the Agreement by the Subscriber
is carried out by sending a notice of intention to terminate the Agreement to
the Operator's e-mail address no later than 7 (seven) days before the date of termination.
The Agreement shall be deemed terminated upon expiration of this period and in
the absence of any debts or unfulfilled obligations of the Subscriber.
The Operator
has the right to terminate this Agreement in case of:
·
failure by the
Subscriber to fulfill the terms of this Agreement by sending a notice of
termination to his/her e-mail address
·
after the
expiration of the period for which the Service was subscribed (billing period)
by sending a notice of termination to the Subscriber's e-mail address no later
than 30 (thirty) days before the end of the specified period
·
occurrence of the
cases specified in clauses 3.4.2 and 3.4.3 of this Agreement
9.1.2.
In any of the
cases of termination of the Agreement, the prepayment for the Services provided
properly, within the meaning of clause 3.11 of this Agreement, shall not be
refunded to the Subscriber
10.
TERM OF THE AGREEMENT
10.1.1.
This Agreement
shall enter into force upon its acceptance by the Subscriber and shall be valid
for the period for which the Subscriber has made a prepayment for the Services.
If the
Subscriber makes a payment for the Services for the next billing period before
the expiration of the Agreement, the Agreement shall be automatically extended
on the same terms and conditions as specified in this Agreement.
10.1.2.
On all matters
not regulated in the text of this Agreement, the Parties shall be governed by
the current legislation of Ukraine.
ADDRESS AND BANK DETAILS OF THE OPERATOR:
DATADYNAMICS LLC
Legal address:
Ukraine, 65026, Odesa region, Odesa city, 15/17 Evropeiska str., office CB
Name of the recipient: DATADYNAMICS LLC
Recipient code: 45721238
Name of the bank: JSC CB "PrivatBank"
Recipient's account in IBAN format: UA603052990000026001044927356
