This Public Offer Agreement (hereinafter referred to as "Agreement") sets forth the terms and conditions of dedicated servers provision by Web Hosting Solutions Ltd. (hereinafter referred to as "Contractor") to the customer (hereinafter referred to as "Customer"). This agreement is public offer agreement and has full force and effect.
1. Dedicated servers must be used only for legitimate purposes.
1.1. Unlawful actions include, but are not limited to, distribution of viruses or other harmful components, drugs, attempting to gain unauthorized access to computer systems, piracy (distribution of protected copyrighted material in violation of copyright), gambling, fraud schemes, distribution of unsolicited advertising and spam information, use of incorrect or non-existent return address in e-mail, as well as any inappropriate actions that might lead to a breach of the rights of third parties. Inappropriate actions shall be understood to mean distribution of personal information about a person without his/her consent, violation of intellectual property rights, libel on the natural or legal person or any other actions violating the current legislation of USA and United Kingdom.
1.2. Crack/hack materials, miners shall be prohibited to be displayed.
1.3. It shall be prohibited to use dedicated servers for torrent trackers, free/paid email service with organization of interface of mailbox registration directly on the site.
1.4. It shall be prohibited to take actions aimed at functioning failure of the Internet network elements (computers, other hardware or software), attempting to gain unauthorized access to the resources of the Internet and future use of such access, as well as the destruction or modification of software and data, not belonging to the user, without the consent of the owner of this software or data or the administrator of this resource.
1.5. It shall be prohibited to take actions on transfering to computers or equipment of third parties senseless or useless information, creating unnecessary (parasite) load on these computers or equipment, as well as on the intermediate network sections, in extent excessing the necessary minimum for verification of connectivity of networks and accessibility of its separate elements.
1.6. It shall be prohibited to take actions on network node's scanning to identify internal structure of networks, security vulnerabilities, lists of open ports, etc, without the explicit consent of the owner of the resource.
2. Provision of information security and data integrity.
2.1. The Contractor provides basic information security of servers and resources of the Customer within the range defined by the usual terms, except as otherwise provided herein.
2.2. The Contractor shall not be liable for the possible theft of passwords of the Customer, but shall perform fast change of passwords at the Customer's request. In case of loss/theft of the parameters of access to account management control panel, they shall be recovered by the Contractor on the basis of "first-come-first-served" email processing by sending request by the Customer from contact email. In case of the absence of access to the control panel and contact email, the request shall be submitted in a written form. For organizations — on the company's letterhead, with outgoing number, date, stamp and signature of the head officer; for legal persons — with a copy of passport, date and signature. Request can be sent by e-mail, and then by mail or it can be delivered directly to the Contractor's office. In case of doubt as to the authenticity of the documents, the contractor reserves the right to require additional documents identifying the applicant.
2.3. The Contractor shall reserve the right of control and ownership over all ip-addresses assigned to the Customer. The Contractor shall have the right to change or remove any ip-addresses.
2.4. Hosting of resource-intensive programs shall be strictly forbidden at any tariff plans. In case of violation of this paragraph, the server shall be deleted, the account shall be blocked.
2.5. The Contractor shall have the right to interrupt the provision of services for scheduled maintenance of equipment used to provide the Services. The Contractor shall be obliged to notify the Customer within 48 hours about planned maintenance, indicating the duration of such a service. According to technical opportunities of the Contractor, scheduled maintenance (preventive maintenance and repair work) will be planned and carried out at time when it can do the least damage to the Customer (when possible at night-time, weekends and holidays).
2.10. The Contractor shall have the right to block, and subsequently delete all the resources of the Customer in case of not timely payment for the services by the Customer.
3. Terms of repayment for VPS services.
3.1. The Customer may request refund of paid funds if:
- Parameters of Dedicated Server are inconsistent with the stated on the website as from the date of the order.
3.2. The Contractor shall not return the funds if:
- The requested refund is "not motivated" (for example, the Customer without convincing reasons decided to refuse the paid tariff for VPS).
- The customer violated the Terms and conditions outlined in this Agreement.
3.3. In case the refund is possible and is without prejudice to the Terms and conditions, the Customer shall write a request from email for which tariff for VPS server is activated. The Contractor shall refund the paid funds, less and except used ones, within 10 working days.
4. Rules and Regulations of support service
4.1. Technical service shall manage and control the work of the technical equipment and system software, provide qualified service to the Customer within the limits defined in this Agreement, as well as processing the following Customer's requests:
- Replacement of failed equipment.
- Localization and resolution of problems related to the services provided under agreement.
4.2. Processing of requests for hosting support mail on all issues is carried out 24 hours a day on a first-come, first-served basis.
4.3. The technical support service does not provide consulting on CMS, plugins, programming, web design, SEO, settings of scripts and programs of the Customer and other similar issues. Such consultations can be provided by additional agreement or be the initiative of a specific employee.
