Public offer
PUBLIC OFFER (AGREEMENT) ON THE PROVISION OF PAID SERVICES:
STARCRECIUM LIMITED, hereinafter referred to as the “Company”, offers any individual or legal entity, hereinafter referred to as the “Client”, and together referred to as the “Parties”, paid services on the Internet (hereinafter referred to as the Services).
1. THE SUBJECT OF THE AGREEMENT.
1.1. The Company provides the Client with services (hereinafter "Services") for the provision of computing power with remote access via the Internet using dedicated physical or virtual servers (hereinafter "Equipment" or "Server") on the Internet, placing it on the technical site of the Company provided by the Company in the manner prescribed by this Agreement and on the conditions specified in Appendix No. 2 "Terms of Service". At the same time, the Company assumes responsibility for the proper functioning of the components of the Equipment, the network equipment of the Company, which ensures the connection of the server to the Internet, and also provides technical support to the Client within the framework of the tariff plan chosen by him, indicated on the company's website www.hostway.ru
1.2. The Client undertakes to use the Services in accordance with the current legislation of the Cyprus. The Client is fully responsible for the improper use of the Service in accordance with applicable law. The Client undertakes to properly administer the Server in order to exclude cases of its unauthorized use by third parties.
1.3. From the moment of transmission of passwords for access to the Server, the Company is not responsible for the content of the Server and the legality of its use by the Client.
1.4. The Company provides its Clients with assistance in using the services within the tariff plan chosen by the Client. At the same time, the Client's support from the company is limited in accordance with article 2.4 "d" of this Agreement.
1.5. By this Agreement, the Client - an individual gives his written consent that the personal data provided by him by uploading copies of documents to the Company's database through various communication channels in order to fulfill obligations related to the conclusion and execution of the Agreement are processed by the Company in full, including including providing access to the personal data of the Client to authorized employees of the Company. By this Agreement, the Client - an individual expresses his unconditional consent to include his data for the provision of services and services by the Company, including for the preparation and dissemination of information in various ways (in particular, on magnetic media and using telecommunications) provided for by the current legislation of the Russian Federation and Regulations for the provision of services. The processing of the personal data of the Client (the subject of personal data) means the actions (operations) of the Company with personal data, including the collection, systematization, accumulation, storage, clarification (update, change), use, distribution (including transfer), depersonalization, blocking, destruction of personal data. The responsibility for providing deliberately false documents lies entirely with the Client. If the Company has sufficient reason to believe that the documents provided are not copies of the documents identifying the Client, the Company will consider such a situation as information about the inaccuracy of the information necessary to identify the Client and has the right to immediately refuse to provide services to the Client by sending him a notification on this. contact email address.
1.6. Under this Agreement, the Client - an individual, agrees that the personal data provided by him will be stored in the Company's database during the term of this Agreement, as well as for 5 (five) years from the date of termination.
1.7. An individual client agrees to the processing of the following personal data: last name, first name, patronymic; date of birth; mailing addresses (at the place of registration and for contacts); information about citizenship; number of the main identity document of the Client, information on the date of issue of the specified document and the issuing authority; phone numbers; fax numbers; e-mail addresses (E-mail). The client - an individual, agrees to perform the following actions (operations) or a set of actions with non-personal data: collection, recording, systematization, accumulation, storage, clarification, updating, modification, addition, extraction, use, depersonalization, blocking, destruction. Personal data may be transferred to other persons in situations and cases provided for by the current legislation of the Cyprus.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES.
2.1. The client has the right to:
a) obtaining service and advice from representatives of the Company in accordance with clause 2.4. "A" of this Agreement;
b) disposition of his Server, provided to him in accordance with the tariff plan chosen by him, without violating the terms of this Agreement and the RULES FOR USE OF PHYSICAL AND VIRTUAL COMPUTER CAPACITIES (Appendix No. 1), hereinafter referred to as the Rules;
c) obtaining technical support from representatives of the Company's support service in accordance with Article 2.4. "C" of this Agreement;
d) termination of the relationship with the Company with prior written or electronic (scanned to sales@hostway.ru) notification of the Company at least 2 (two) weeks before the next payment period, but not earlier than one month after the start of the Services;
e) receiving compensation in accordance with article 2.4. "E" of this Agreement;
2.2. The company has the right to:
a) temporary termination of the provision of services under this Agreement to the Client, if the latter does not make an advance payment for the next period of the Agreement by the time the previous payment expires.
b) the final termination of the provision of services under this Agreement to the Client and may delete his account (account) from the database if the latter violates the terms and / or terms of payment, delaying the payment of the next period of this Agreement by more than 14 (fourteen) calendar days ... In this case, in order to restore business relations with the Company, the Client must renew the Agreement on the provision of services for the lease of dedicated servers on the terms determined by the Company;
c) amending and adding new clauses to this Agreement and its Appendix with the obligatory prior notification of the Client via the Company's website at least 30 days before the changes come into force;
d) carrying out technical work in the Company's network or on the Company's electrical equipment with the obligatory notification of the latter at least 12 hours before the work is carried out, while the Client is not entitled to receive any compensation for the absence of a server in the network during the period of such technical measures, if the time of such absence of the server in the network does not exceed 3 (three) hours per month;
e) blocking of the Client's dedicated server in case of a violation of clauses 1, 2 and 3 of the RULES FOR USE OF PHYSICAL AND VIRTUAL COMPUTER CAPACITIES (Appendix No. 1), if the Client does not take measures to prevent the placement of resources that contradict clauses 1, 2 and 3 of the RULES USE OF PHYSICAL AND VIRTUAL COMPUTER POWER (Appendix # 1);
f) temporary or permanent suspension of the provision of services for renting a dedicated server to the Client or blocking of the Client's account completely without additional notice if the latter violated paragraphs 3.a), 3.d) and 3.e) RULES FOR USE OF PHYSICAL AND VIRTUAL COMPUTER CAPACITIES (Appendix No. 1).
2.3. The client undertakes:
a) send a scanned copy of the passport spread on the page with a photo to the HYPERLINK address "mailto: sales@hostway.ru" sales@hostway.ru.
b) timely pay for the next period for the provision of services by the Company no later than the last day of the month preceding the paid period. In the event that payment has not been made by the time the previous payment expires (the necessary funds have not been received on the Company's account), the Company reserves the right to suspend (and then, after 14 (fourteen) days from the expiration date of the previous payment, to finally terminate with the subsequent deletion of information) provision of services and related services to the Client;
c) use the Internet and your dedicated server under this Agreement only in a legal way and not transfer responsibility to the Company for damage of any kind incurred by the Client or third parties in the course and as a result of the Client's use of the Company's service under this Agreement;
d) make backup copies of their files and other data stored on servers. The company is not responsible for the destruction of the user's files, regardless of whether it was done intentionally, accidentally or as a result of a technical failure in the operation of a dedicated server;
e) independently protect from distribution and / or publication the username, account / client identification number (account) and passwords assigned to the Client (which are confidential information). In the event this information is made public, responsible for all actions performed under the name and with the password of the Client by himself or by third parties
2.4. The company undertakes:
a) provide the Client with a dedicated server in accordance with his chosen tariff plan and this Agreement within 10 (ten) business days from the date of receipt of the initial payment;
b) maintain the confidentiality of the data received by the Company from the Client when placing an order or in the process of executing this Agreement in accordance with applicable law;
c) provide the Client with timely, feasible technical support on issues related to the operation of the server, its services and software provided by the Company. In this case, in the event of errors and / or other problems in the operating system and / or in the applications installed on the server, the Company recommends contacting the developers of the relevant software and expect a solution to the problems on their part. In this case, the Company is not responsible for the timing and does not guarantee the developer will correct errors;
d) maintain the stable operation of the Company's network equipment, ensuring the full presence of the Client's server at least 99.5% of the time per month;
e) provide the Client with compensation according to the decision made by the administration of the Company in each individual case of unplanned inaccessibility of network access to the Client's dedicated server (except for the circumstances specified in clauses 2, 3 and 4 of the Rules), and if this problem was not caused by incorrect configuration of the server components Client. The start and end date of server downtime is fixed from the moment of registration of a problem request to the HYPERLINK address "mailto: support@hostway.ru" support@hostway.ru and a response from the technical support service about the restoration of normal operation in the corresponding application.
To provide compensation, the Client must contact the Commercial Service of the Company by e-mail HYPERLINK "mailto: sales@hostway.ru" sales@hostway.ru and inform the application number of the problem for which he wishes to receive compensation.
The decision to pay compensation based on the appeal is made by the Administration of the Company in the event of the Company's fault in the equipment downtime: a failure of the Company's network, failure of power supply equipment for servers, failure of HVAC equipment in the data center, disruption of virtualization systems that caused downtime of virtual servers. The company does not provide compensation for services provided by its contractors, with the exception of data center services for hosting servers and direct access to the Internet.
The compensation does not apply to the replacement of emergency server components (hard drives, memory, etc.). Replacement of components is made no later than the end of the next business day from the date of receipt of the relevant application, unless otherwise specified by the selected Tariff plan. Reinstalling the OS, if necessary, is free of charge.
The amount of compensation (S) is calculated in proportion to the cost of monthly Services for the period
their unavailability for the reporting month, and cannot exceed 50% of the cost of services for the corresponding month:
S = (IхT)
Where:
I - 1/720 of the monthly cost of the unavailable service for each full 1 (one) hour
T is the cumulative time of unavailability for the period of Service provision (the minimum value cannot be less than 1 (one) hour.
Compensation is provided by extending the next payment for the server.
f) use a certified automated accounting system to record customer traffic. Client traffic is counted only on the Company's border routers. The Company's data on traffic accounting is final for billing and debiting from the Client's personal account.
g) provide the Client with any additional services related to the operation of his Server in accordance with the current tariffs or by agreement of the Parties.
h) provide the Client with notice of the next payment by e-mail before the next payment period.
i) replace the defective components of the provided server no later than the next business day after receiving the corresponding request to the technical support service.
3. PAYMENT PROCEDURE.
3.1. The Client pays the Company for the provision of a dedicated physical / virtual server in the amount corresponding to the current tariff plan chosen by the Client and the invoice issued by the Company.
3.2. When the Client changes the selected tariff plan to any other of the existing ones in the Company at the time of such a change, the recalculation of the funds paid by the Client to the Company is carried out on the basis of the full months remaining until the end of this agreement. When changing the tariff plan, the client is charged an amount in accordance with the current tariffs of the Company. Adding additional components to the client's dedicated physical server is paid separately in accordance with the tariffs established by the Company at the time of ordering the installation of one or another component.
3.3. The overrun of the volume of transmitted data (traffic) or other parameters stipulated by the Client's tariff plan is calculated in accordance with the current tariffs of the Company.
3.4. In case of early termination of this Agreement by agreement of the parties, the unused funds are returned to the Client within 10 working days in the same way that they were received by the Company. Refunds to the Client are made minus the payment for the full months of using the Company's services, including the month during which the service was terminated. A billing month (billing period) is considered a full month, excluding discounts. Refunds are not transferred to a third party at the request of the Client.
3.5. In the event of early termination of this Agreement at the initiative of the Company due to a gross violation of the current legislation by the Client or his disruption of the Company's network, unused funds will not be returned.
3.6. Invoices and other accounting documents under this Agreement are sent to the Client to a legal entity by mail at the address specified in the Agreement without fail, or are handed over to the Client (his employee) at the Company's office. The client, within 3 (three) working days from the date of receipt of the Certificate of Delivery and Acceptance of Services, is obliged to send the Company 1 (one) copy of the Certificate of Delivery and Acceptance of Services signed by him or a written reasoned refusal to accept services. In case of not signing the Act and / or not sending motivated objections, the Services are considered accepted and payable.
4. RESOLUTION OF DISPUTES.
4.1. To resolve technical issues in determining the causal relationship between the actions of the Client and the damage caused to the Company, the Company reserves the right to independently engage competent authorities and / or organizations as experts.
4.2. The Company and the Client have agreed that the place of jurisdiction of this agreement is Cyprus and all legal disputes should be resolved at the location of the Company.
4.3. If the Client has a debt, the Company has the right, after two days, to send a notice of the debt and the need for repayment.
4.4. If the Client, after receiving the notification specified in clause 4.4. does not take action to pay off the debt, the Company has the right to send a repeated notification. The debt repayment period for such notification is three days from the date of receipt by the Client.
4.5. If the Company does not receive funds on time and in the amount specified in the notification, clause 4.5. The company has the right to send a notice of the suspension of services due to the resulting debt and lack of payment.
4.6. If the Client is removed from the settlement of the issue with the resulting debt for the Services, then the Company sends a corresponding claim to the Client and initiates a claim (order) proceedings in accordance with the current legislation of the Cyprus.
5. SPECIAL CONDITIONS.
5.1. In the event that the Company is attracted by the defendant in court or any other instance in cases of third parties, in which the current and / or former Client of the Company is a party, related to the violation of the provisions of this agreement by the Client or other persons using the Client's access details to his equipment or internal services of the Company ; or related to the use of the Internet through the services provided under this Agreement; or related to the posting or transmission of any message, information, software or other materials on the Internet by the Client or other persons using the Client's access details to his equipment or internal services of the Company, then the Client undertakes to intervene on the Company's side and compensate Company losses.
5.2. The company is not responsible for:
a) for any damage incurred by the Client as a result of force majeure circumstances or other circumstances that the Company could neither foresee nor prevent, interfering with the normal functioning of the Client's Servers in the Company's network;
b) for the damage to the Client, directly or indirectly as a result of the use of the services provided by the Company under this Agreement, with the exception of damage caused by accidents that are in the area of responsibility of the Company and not exceeding the amount of the monthly fee for the Services provided by the Company;
c) the inability of the Internet provider (access provider) of the Client and / or third parties to provide high-quality access to the Client's equipment and / or to the Company's network;
d) defects in any electronic or mechanical equipment not owned by the Company;
e) defects in the Servers that have arisen through no fault of the Company in the course of their functioning under this Agreement;
f) failures in data transmission or connection that occurred through no fault of the Company;
g) the quality of services required for the provision of services under this Agreement, if they are organized by third parties;
h) for the content of information posted and / or transmitted by the Client and / or third parties to / through the Client's equipment;
5.3 To ensure the maximum quality of service provision, optimization and safety of the network, the Company has the right to make changes to the technical characteristics of tariff plans with the notification of the Client through the Company's website.
5.4. This Agreement supersedes any other prior agreements, settlements, written and oral agreements relating to the subject matter of this Agreement.
6. TERMS AND PROCEDURE OF THE AGREEMENT.
6.1. This Agreement between the Company and the Client enters into force from the moment the Client pays for the provision of Server rental services by the Company.
6.2. In case of violation by the Client of clause 2.3 (b), this Agreement shall be suspended for up to 14 (fourteen) calendar days.
6.3. If the Client does not pay for the services within the terms specified in clause 6.2 of this agreement, the agreement is considered terminated and all obligations under it are terminated, while the Client is not released from obligations to repay the debt, if any.
6.4. In other cases, the Agreement is considered terminated if it is terminated by one of the Parties with prior written or electronic notification of the other party at least 2 (two) weeks in advance, but not earlier than one month from the beginning of the provision of the Services.
6.5. All Appendices and supplementary agreements to this Agreement are its integral part and are invalid without it.
6.6. The company reserves the right to involve third parties to fulfill its obligations under this Agreement.
6.7. The rights of the parties under this Agreement may not be transferred or otherwise alienated by one of the parties without the prior written consent of the other party.
6.8. The Parties allow the exchange of copies of this Agreement, additions and annexes to it, acts, notifications, claims and other documents by e-mail (the Company's e-mail addresses are indicated in clause 7 of this Agreement, the Client's e-mail addresses are indicated in the Client's Personal Account). E-mail correspondence has the force of a simple electronic signature and is equivalent to paper documents with personal signatures of the Parties.
6.9. The parties undertake to maintain the confidentiality of access to e-mail and not transfer them to third parties.
7. COMPANY DETAILS:
Name: STARCRECIUM LIMITED
Phones: +7 (812) 649-1875, +7 (495) 409-6573
E-mail (general questions, sales department): sales@hostway.ru
E-mail (technical support): support@hostway.ru
E-mail (accounting - invoices, acts, invoices, payments): bill@hostway.ru
Appendix No. 1 to the Public Offer (Agreement) for the provision of paid services.
RULES FOR USE OF PHYSICAL AND VIRTUAL COMPUTING POWER.
THE CLIENT IS STRICTLY FORBIDDEN TO PLACE YOUR EQUIPMENT:
1. Place resources:
a. containing pornography;
b. containing propaganda of violence, fascism, communism, extremism, terrorism, nationalism, chauvinism, racial hatred and / or proclaiming one special race, nationality or gender as superior over others and / or declaring other races, nationalities, gender inferior, as well as sites containing appeals to the overthrow of the legal authority in any state;
c. encouraging, supporting or promoting activities that violate federal, republican or local laws and / or violate Russian or international agreements;
Any resource hosted on the Client's equipment that matches the description above must be closed immediately. If the Client refuses to fulfill the requirements to block such a resource, the Company reserves the right to block access to the Client's equipment until the circumstances are clarified.
2. Perform actions, including:
a. unauthorized distribution or copying of software (piracy or "warez") without the relevant Agreements permitting such activity;
b. violation of international, Russian agreements;
c. deception capable of causing moral or physical harm to any person;
d. trade in drugs, weapons and other items without the appropriate licenses and permits;
e. other actions that violate the legislation of the Russian Federation, international legislation and legislation on the location of the Client's equipment;
All other violations not described above are considered separately, until the fact of misconduct is established.
3. Abuse the virtual and / or physical computing power provided by the Company by performing the following actions:
a. hacking - attempts to penetrate the internal networks of the Company, without appropriate permission;
b. using fictitious e-mail addresses on servers in the Company's network or on servers in third-party networks;
c. trolling - sending offensive messages to receive multiple responses;
d. mail-bombing - sending messages of the same content in large quantities to the same e-mail address and / or placing a person on a mailing list without the latter's notification and consent, as well as sending messages that do not correspond to the subject into a large number of news groups;
e. SPAM - sending unsolicited messages, regardless of their size and nature, to persons who did not give their permission to make such mailings to them, sending unsolicited ads and advertisements that do not correspond to the subject, to multiple addresses and / or newsgroups, as well as generating more the number of letters than during normal use, unnecessarily. SPAM mailings are severely punishable - up to termination of the Agreement with the withdrawal of a fine from the owner's account, determined by the company. A message is understood as any e-mail message, ICQ, MSN Messenger, AOL Instant Messenger, Yahoo Messanger, IRC, Jabber and other similar means / protocols of personal information exchange, as well as messages in guest books, forums, etc .;
f. SCAM - sending SPAM with information about the resources located on the Client's equipment through the servers (computers) of third parties.
4. Perform unauthorized manipulation of business contacts.
This clause includes (but is not limited to) mailing, defaming honor and dignity, scandalous or personal information about a person without his permission, deliberate infliction of moral damage, which may result in emotional stress. In addition, copyright infringement, illegal copying and manipulation of trademarks and infringement of other intellectual property rights are also declared such an offense.
5. Abuse the system equipment of servers on the Company's network using software that can damage server components by using hidden functions and settings to achieve undocumented performance;
6. Use IP addresses not agreed with the technical services of the Company. It is allowed to use only specially dedicated ones on the server interfaces.
STARCRECIUM LIMITED, hereinafter referred to as the “Company”, offers any individual or legal entity, hereinafter referred to as the “Client”, and together referred to as the “Parties”, paid services on the Internet (hereinafter referred to as the Services).
1. THE SUBJECT OF THE AGREEMENT.
1.1. The Company provides the Client with services (hereinafter "Services") for the provision of computing power with remote access via the Internet using dedicated physical or virtual servers (hereinafter "Equipment" or "Server") on the Internet, placing it on the technical site of the Company provided by the Company in the manner prescribed by this Agreement and on the conditions specified in Appendix No. 2 "Terms of Service". At the same time, the Company assumes responsibility for the proper functioning of the components of the Equipment, the network equipment of the Company, which ensures the connection of the server to the Internet, and also provides technical support to the Client within the framework of the tariff plan chosen by him, indicated on the company's website www.hostway.ru
1.2. The Client undertakes to use the Services in accordance with the current legislation of the Cyprus. The Client is fully responsible for the improper use of the Service in accordance with applicable law. The Client undertakes to properly administer the Server in order to exclude cases of its unauthorized use by third parties.
1.3. From the moment of transmission of passwords for access to the Server, the Company is not responsible for the content of the Server and the legality of its use by the Client.
1.4. The Company provides its Clients with assistance in using the services within the tariff plan chosen by the Client. At the same time, the Client's support from the company is limited in accordance with article 2.4 "d" of this Agreement.
1.5. By this Agreement, the Client - an individual gives his written consent that the personal data provided by him by uploading copies of documents to the Company's database through various communication channels in order to fulfill obligations related to the conclusion and execution of the Agreement are processed by the Company in full, including including providing access to the personal data of the Client to authorized employees of the Company. By this Agreement, the Client - an individual expresses his unconditional consent to include his data for the provision of services and services by the Company, including for the preparation and dissemination of information in various ways (in particular, on magnetic media and using telecommunications) provided for by the current legislation of the Russian Federation and Regulations for the provision of services. The processing of the personal data of the Client (the subject of personal data) means the actions (operations) of the Company with personal data, including the collection, systematization, accumulation, storage, clarification (update, change), use, distribution (including transfer), depersonalization, blocking, destruction of personal data. The responsibility for providing deliberately false documents lies entirely with the Client. If the Company has sufficient reason to believe that the documents provided are not copies of the documents identifying the Client, the Company will consider such a situation as information about the inaccuracy of the information necessary to identify the Client and has the right to immediately refuse to provide services to the Client by sending him a notification on this. contact email address.
1.6. Under this Agreement, the Client - an individual, agrees that the personal data provided by him will be stored in the Company's database during the term of this Agreement, as well as for 5 (five) years from the date of termination.
1.7. An individual client agrees to the processing of the following personal data: last name, first name, patronymic; date of birth; mailing addresses (at the place of registration and for contacts); information about citizenship; number of the main identity document of the Client, information on the date of issue of the specified document and the issuing authority; phone numbers; fax numbers; e-mail addresses (E-mail). The client - an individual, agrees to perform the following actions (operations) or a set of actions with non-personal data: collection, recording, systematization, accumulation, storage, clarification, updating, modification, addition, extraction, use, depersonalization, blocking, destruction. Personal data may be transferred to other persons in situations and cases provided for by the current legislation of the Cyprus.
2. RIGHTS AND OBLIGATIONS OF THE PARTIES.
2.1. The client has the right to:
a) obtaining service and advice from representatives of the Company in accordance with clause 2.4. "A" of this Agreement;
b) disposition of his Server, provided to him in accordance with the tariff plan chosen by him, without violating the terms of this Agreement and the RULES FOR USE OF PHYSICAL AND VIRTUAL COMPUTER CAPACITIES (Appendix No. 1), hereinafter referred to as the Rules;
c) obtaining technical support from representatives of the Company's support service in accordance with Article 2.4. "C" of this Agreement;
d) termination of the relationship with the Company with prior written or electronic (scanned to sales@hostway.ru) notification of the Company at least 2 (two) weeks before the next payment period, but not earlier than one month after the start of the Services;
e) receiving compensation in accordance with article 2.4. "E" of this Agreement;
2.2. The company has the right to:
a) temporary termination of the provision of services under this Agreement to the Client, if the latter does not make an advance payment for the next period of the Agreement by the time the previous payment expires.
b) the final termination of the provision of services under this Agreement to the Client and may delete his account (account) from the database if the latter violates the terms and / or terms of payment, delaying the payment of the next period of this Agreement by more than 14 (fourteen) calendar days ... In this case, in order to restore business relations with the Company, the Client must renew the Agreement on the provision of services for the lease of dedicated servers on the terms determined by the Company;
c) amending and adding new clauses to this Agreement and its Appendix with the obligatory prior notification of the Client via the Company's website at least 30 days before the changes come into force;
d) carrying out technical work in the Company's network or on the Company's electrical equipment with the obligatory notification of the latter at least 12 hours before the work is carried out, while the Client is not entitled to receive any compensation for the absence of a server in the network during the period of such technical measures, if the time of such absence of the server in the network does not exceed 3 (three) hours per month;
e) blocking of the Client's dedicated server in case of a violation of clauses 1, 2 and 3 of the RULES FOR USE OF PHYSICAL AND VIRTUAL COMPUTER CAPACITIES (Appendix No. 1), if the Client does not take measures to prevent the placement of resources that contradict clauses 1, 2 and 3 of the RULES USE OF PHYSICAL AND VIRTUAL COMPUTER POWER (Appendix # 1);
f) temporary or permanent suspension of the provision of services for renting a dedicated server to the Client or blocking of the Client's account completely without additional notice if the latter violated paragraphs 3.a), 3.d) and 3.e) RULES FOR USE OF PHYSICAL AND VIRTUAL COMPUTER CAPACITIES (Appendix No. 1).
2.3. The client undertakes:
a) send a scanned copy of the passport spread on the page with a photo to the HYPERLINK address "mailto: sales@hostway.ru" sales@hostway.ru.
b) timely pay for the next period for the provision of services by the Company no later than the last day of the month preceding the paid period. In the event that payment has not been made by the time the previous payment expires (the necessary funds have not been received on the Company's account), the Company reserves the right to suspend (and then, after 14 (fourteen) days from the expiration date of the previous payment, to finally terminate with the subsequent deletion of information) provision of services and related services to the Client;
c) use the Internet and your dedicated server under this Agreement only in a legal way and not transfer responsibility to the Company for damage of any kind incurred by the Client or third parties in the course and as a result of the Client's use of the Company's service under this Agreement;
d) make backup copies of their files and other data stored on servers. The company is not responsible for the destruction of the user's files, regardless of whether it was done intentionally, accidentally or as a result of a technical failure in the operation of a dedicated server;
e) independently protect from distribution and / or publication the username, account / client identification number (account) and passwords assigned to the Client (which are confidential information). In the event this information is made public, responsible for all actions performed under the name and with the password of the Client by himself or by third parties
2.4. The company undertakes:
a) provide the Client with a dedicated server in accordance with his chosen tariff plan and this Agreement within 10 (ten) business days from the date of receipt of the initial payment;
b) maintain the confidentiality of the data received by the Company from the Client when placing an order or in the process of executing this Agreement in accordance with applicable law;
c) provide the Client with timely, feasible technical support on issues related to the operation of the server, its services and software provided by the Company. In this case, in the event of errors and / or other problems in the operating system and / or in the applications installed on the server, the Company recommends contacting the developers of the relevant software and expect a solution to the problems on their part. In this case, the Company is not responsible for the timing and does not guarantee the developer will correct errors;
d) maintain the stable operation of the Company's network equipment, ensuring the full presence of the Client's server at least 99.5% of the time per month;
e) provide the Client with compensation according to the decision made by the administration of the Company in each individual case of unplanned inaccessibility of network access to the Client's dedicated server (except for the circumstances specified in clauses 2, 3 and 4 of the Rules), and if this problem was not caused by incorrect configuration of the server components Client. The start and end date of server downtime is fixed from the moment of registration of a problem request to the HYPERLINK address "mailto: support@hostway.ru" support@hostway.ru and a response from the technical support service about the restoration of normal operation in the corresponding application.
To provide compensation, the Client must contact the Commercial Service of the Company by e-mail HYPERLINK "mailto: sales@hostway.ru" sales@hostway.ru and inform the application number of the problem for which he wishes to receive compensation.
The decision to pay compensation based on the appeal is made by the Administration of the Company in the event of the Company's fault in the equipment downtime: a failure of the Company's network, failure of power supply equipment for servers, failure of HVAC equipment in the data center, disruption of virtualization systems that caused downtime of virtual servers. The company does not provide compensation for services provided by its contractors, with the exception of data center services for hosting servers and direct access to the Internet.
The compensation does not apply to the replacement of emergency server components (hard drives, memory, etc.). Replacement of components is made no later than the end of the next business day from the date of receipt of the relevant application, unless otherwise specified by the selected Tariff plan. Reinstalling the OS, if necessary, is free of charge.
The amount of compensation (S) is calculated in proportion to the cost of monthly Services for the period
their unavailability for the reporting month, and cannot exceed 50% of the cost of services for the corresponding month:
S = (IхT)
Where:
I - 1/720 of the monthly cost of the unavailable service for each full 1 (one) hour
T is the cumulative time of unavailability for the period of Service provision (the minimum value cannot be less than 1 (one) hour.
Compensation is provided by extending the next payment for the server.
f) use a certified automated accounting system to record customer traffic. Client traffic is counted only on the Company's border routers. The Company's data on traffic accounting is final for billing and debiting from the Client's personal account.
g) provide the Client with any additional services related to the operation of his Server in accordance with the current tariffs or by agreement of the Parties.
h) provide the Client with notice of the next payment by e-mail before the next payment period.
i) replace the defective components of the provided server no later than the next business day after receiving the corresponding request to the technical support service.
3. PAYMENT PROCEDURE.
3.1. The Client pays the Company for the provision of a dedicated physical / virtual server in the amount corresponding to the current tariff plan chosen by the Client and the invoice issued by the Company.
3.2. When the Client changes the selected tariff plan to any other of the existing ones in the Company at the time of such a change, the recalculation of the funds paid by the Client to the Company is carried out on the basis of the full months remaining until the end of this agreement. When changing the tariff plan, the client is charged an amount in accordance with the current tariffs of the Company. Adding additional components to the client's dedicated physical server is paid separately in accordance with the tariffs established by the Company at the time of ordering the installation of one or another component.
3.3. The overrun of the volume of transmitted data (traffic) or other parameters stipulated by the Client's tariff plan is calculated in accordance with the current tariffs of the Company.
3.4. In case of early termination of this Agreement by agreement of the parties, the unused funds are returned to the Client within 10 working days in the same way that they were received by the Company. Refunds to the Client are made minus the payment for the full months of using the Company's services, including the month during which the service was terminated. A billing month (billing period) is considered a full month, excluding discounts. Refunds are not transferred to a third party at the request of the Client.
3.5. In the event of early termination of this Agreement at the initiative of the Company due to a gross violation of the current legislation by the Client or his disruption of the Company's network, unused funds will not be returned.
3.6. Invoices and other accounting documents under this Agreement are sent to the Client to a legal entity by mail at the address specified in the Agreement without fail, or are handed over to the Client (his employee) at the Company's office. The client, within 3 (three) working days from the date of receipt of the Certificate of Delivery and Acceptance of Services, is obliged to send the Company 1 (one) copy of the Certificate of Delivery and Acceptance of Services signed by him or a written reasoned refusal to accept services. In case of not signing the Act and / or not sending motivated objections, the Services are considered accepted and payable.
4. RESOLUTION OF DISPUTES.
4.1. To resolve technical issues in determining the causal relationship between the actions of the Client and the damage caused to the Company, the Company reserves the right to independently engage competent authorities and / or organizations as experts.
4.2. The Company and the Client have agreed that the place of jurisdiction of this agreement is Cyprus and all legal disputes should be resolved at the location of the Company.
4.3. If the Client has a debt, the Company has the right, after two days, to send a notice of the debt and the need for repayment.
4.4. If the Client, after receiving the notification specified in clause 4.4. does not take action to pay off the debt, the Company has the right to send a repeated notification. The debt repayment period for such notification is three days from the date of receipt by the Client.
4.5. If the Company does not receive funds on time and in the amount specified in the notification, clause 4.5. The company has the right to send a notice of the suspension of services due to the resulting debt and lack of payment.
4.6. If the Client is removed from the settlement of the issue with the resulting debt for the Services, then the Company sends a corresponding claim to the Client and initiates a claim (order) proceedings in accordance with the current legislation of the Cyprus.
5. SPECIAL CONDITIONS.
5.1. In the event that the Company is attracted by the defendant in court or any other instance in cases of third parties, in which the current and / or former Client of the Company is a party, related to the violation of the provisions of this agreement by the Client or other persons using the Client's access details to his equipment or internal services of the Company ; or related to the use of the Internet through the services provided under this Agreement; or related to the posting or transmission of any message, information, software or other materials on the Internet by the Client or other persons using the Client's access details to his equipment or internal services of the Company, then the Client undertakes to intervene on the Company's side and compensate Company losses.
5.2. The company is not responsible for:
a) for any damage incurred by the Client as a result of force majeure circumstances or other circumstances that the Company could neither foresee nor prevent, interfering with the normal functioning of the Client's Servers in the Company's network;
b) for the damage to the Client, directly or indirectly as a result of the use of the services provided by the Company under this Agreement, with the exception of damage caused by accidents that are in the area of responsibility of the Company and not exceeding the amount of the monthly fee for the Services provided by the Company;
c) the inability of the Internet provider (access provider) of the Client and / or third parties to provide high-quality access to the Client's equipment and / or to the Company's network;
d) defects in any electronic or mechanical equipment not owned by the Company;
e) defects in the Servers that have arisen through no fault of the Company in the course of their functioning under this Agreement;
f) failures in data transmission or connection that occurred through no fault of the Company;
g) the quality of services required for the provision of services under this Agreement, if they are organized by third parties;
h) for the content of information posted and / or transmitted by the Client and / or third parties to / through the Client's equipment;
5.3 To ensure the maximum quality of service provision, optimization and safety of the network, the Company has the right to make changes to the technical characteristics of tariff plans with the notification of the Client through the Company's website.
5.4. This Agreement supersedes any other prior agreements, settlements, written and oral agreements relating to the subject matter of this Agreement.
6. TERMS AND PROCEDURE OF THE AGREEMENT.
6.1. This Agreement between the Company and the Client enters into force from the moment the Client pays for the provision of Server rental services by the Company.
6.2. In case of violation by the Client of clause 2.3 (b), this Agreement shall be suspended for up to 14 (fourteen) calendar days.
6.3. If the Client does not pay for the services within the terms specified in clause 6.2 of this agreement, the agreement is considered terminated and all obligations under it are terminated, while the Client is not released from obligations to repay the debt, if any.
6.4. In other cases, the Agreement is considered terminated if it is terminated by one of the Parties with prior written or electronic notification of the other party at least 2 (two) weeks in advance, but not earlier than one month from the beginning of the provision of the Services.
6.5. All Appendices and supplementary agreements to this Agreement are its integral part and are invalid without it.
6.6. The company reserves the right to involve third parties to fulfill its obligations under this Agreement.
6.7. The rights of the parties under this Agreement may not be transferred or otherwise alienated by one of the parties without the prior written consent of the other party.
6.8. The Parties allow the exchange of copies of this Agreement, additions and annexes to it, acts, notifications, claims and other documents by e-mail (the Company's e-mail addresses are indicated in clause 7 of this Agreement, the Client's e-mail addresses are indicated in the Client's Personal Account). E-mail correspondence has the force of a simple electronic signature and is equivalent to paper documents with personal signatures of the Parties.
6.9. The parties undertake to maintain the confidentiality of access to e-mail and not transfer them to third parties.
7. COMPANY DETAILS:
Name: STARCRECIUM LIMITED
a company incorporated and registered in Cyprus
Under registration No. HE 410784
having its registered office at
Boumpoulinas, 1
BOUBOULINA BUILDING, 3rd floor, Flat/Office 31
1060, Nicosia, Cyprus
Phones: +7 (812) 649-1875, +7 (495) 409-6573
E-mail (general questions, sales department): sales@hostway.ru
E-mail (technical support): support@hostway.ru
E-mail (accounting - invoices, acts, invoices, payments): bill@hostway.ru
Appendix No. 1 to the Public Offer (Agreement) for the provision of paid services.
RULES FOR USE OF PHYSICAL AND VIRTUAL COMPUTING POWER.
THE CLIENT IS STRICTLY FORBIDDEN TO PLACE YOUR EQUIPMENT:
1. Place resources:
a. containing pornography;
b. containing propaganda of violence, fascism, communism, extremism, terrorism, nationalism, chauvinism, racial hatred and / or proclaiming one special race, nationality or gender as superior over others and / or declaring other races, nationalities, gender inferior, as well as sites containing appeals to the overthrow of the legal authority in any state;
c. encouraging, supporting or promoting activities that violate federal, republican or local laws and / or violate Russian or international agreements;
Any resource hosted on the Client's equipment that matches the description above must be closed immediately. If the Client refuses to fulfill the requirements to block such a resource, the Company reserves the right to block access to the Client's equipment until the circumstances are clarified.
2. Perform actions, including:
a. unauthorized distribution or copying of software (piracy or "warez") without the relevant Agreements permitting such activity;
b. violation of international, Russian agreements;
c. deception capable of causing moral or physical harm to any person;
d. trade in drugs, weapons and other items without the appropriate licenses and permits;
e. other actions that violate the legislation of the Russian Federation, international legislation and legislation on the location of the Client's equipment;
All other violations not described above are considered separately, until the fact of misconduct is established.
3. Abuse the virtual and / or physical computing power provided by the Company by performing the following actions:
a. hacking - attempts to penetrate the internal networks of the Company, without appropriate permission;
b. using fictitious e-mail addresses on servers in the Company's network or on servers in third-party networks;
c. trolling - sending offensive messages to receive multiple responses;
d. mail-bombing - sending messages of the same content in large quantities to the same e-mail address and / or placing a person on a mailing list without the latter's notification and consent, as well as sending messages that do not correspond to the subject into a large number of news groups;
e. SPAM - sending unsolicited messages, regardless of their size and nature, to persons who did not give their permission to make such mailings to them, sending unsolicited ads and advertisements that do not correspond to the subject, to multiple addresses and / or newsgroups, as well as generating more the number of letters than during normal use, unnecessarily. SPAM mailings are severely punishable - up to termination of the Agreement with the withdrawal of a fine from the owner's account, determined by the company. A message is understood as any e-mail message, ICQ, MSN Messenger, AOL Instant Messenger, Yahoo Messanger, IRC, Jabber and other similar means / protocols of personal information exchange, as well as messages in guest books, forums, etc .;
f. SCAM - sending SPAM with information about the resources located on the Client's equipment through the servers (computers) of third parties.
4. Perform unauthorized manipulation of business contacts.
This clause includes (but is not limited to) mailing, defaming honor and dignity, scandalous or personal information about a person without his permission, deliberate infliction of moral damage, which may result in emotional stress. In addition, copyright infringement, illegal copying and manipulation of trademarks and infringement of other intellectual property rights are also declared such an offense.
5. Abuse the system equipment of servers on the Company's network using software that can damage server components by using hidden functions and settings to achieve undocumented performance;
6. Use IP addresses not agreed with the technical services of the Company. It is allowed to use only specially dedicated ones on the server interfaces.