1. General terms.
1.1. NETX LLC acting under the Charter, hereinafter referred to as the “Contractor”, as one party, hereby offers any legal entity or individual, hereinafter referred to as the “Customer”, Customer Services on the Internet (hereinafter referred to as “Services”). This offer contract is public and under Articles 633, 641 and Chapter 63 of the Civil Code of Ukraine, its terms are identical for all consumers. Under paragraph 2 Article 642 of the Civil Code of Ukraine, unconditional acceptance of its terms is deemed an acceptance of this Offer (hereinafter referred to as Contract) by the Customer and Contractor.
1.2. This Contract may be concluded by:
а. Registering on the Contractor’s official website netx.hosting, assigning the Customer a unique user login and subsequent payment by the Customer of the invoice issued by the Contractor.
b. Signing of this Contract by authorized persons of the Customer and the Contractor.
1.3. By entering into the present Contract, the Customer confirms that it fully and unconditionally agrees that it:
а. Gives its consent to the receipt and processing by the Contractor of the Customer’s personal data for the purposes of this Contract execution, – if the Customer is an individual. The consent to processing and storing personal data is effective for the entire term of the Contract, and later – for seven years after this Contract expires. The day of expiration of the Customer’s last ordered and paid service shall be deemed the date of Contract expiration.
b. Customer’s personal data are deleted and destroyed with the written (paper-based) consent of the Customer and serves as the ground for the termination of the present Contract. In this case, the Contract is deemed terminated from the date of the relevant Contractor’s notification to the Customer.
c. In addition, by entering into this Contract, the Customer confirms that through this Contract, it is informed of its rights set forth by the Law of Ukraine “On Personal Data Protection” and agrees that its data are being transferred to Individual Entrepreneur Y.O. Shneider for the purpose of executing this Contract, making payments, receiving documents, registering domain names, etc. The Customer also gives its consent to the publication of its personal data in the relevant services on the Internet, required for the functioning of services and domains. The Customer also agrees that the Contractor is entitled to transfer personal data (both depersonalized and not) or provide access to the Customer’s personal data to other market actors, without any additional notice to the Customer, for the purpose of executing the terms of present Contract (domain name registration, hosting service provision, and other services stipulated by this Contract).
d. By entering into this Contract, the Customer also confirms that as a personal data subject, it is aware of and understands the content of the Law of Ukraine “On Personal Data Protection”.
e. The Customer undertakes to process Customer’s personal data in strict compliance with the Law of Ukraine “On Personal Data Protection”.
2. Terms and definitions used in this Contract.
An account is a set of user’s rights in relation to the system intended for many system users, which is being created after the registration in the form of an account on the Contractor’s web server. It is characterized by login, password and home directory.
A domain is an area of hierarchical Internet namespace, which is being maintained by a set of domain name servers (DNS). The domain is identified by the domain name.
Domain registration is entering information on the domain and its administrator into the register of domain names to ensure the unique domain use, as well as obtain administrator rights to manage the domain.
Email means electronic mail.
Website is the Customer’s e-presence on the Internet, information and interactive resource.
DNS servers are servers of domain names containing configuration files of the registered domain.
A customer account is the Customer’s personal account where it can manage invoices, place orders, make payments, and so on. The Customer’s account can be found on the Contractor’s website netx.hosting.
Login is unique for the Contractor’s web server set of letters and digits, which serves as the Customer’s identifier when combined with the password.
Password is a set of letters and digits that serves as the Customer’s identifier when combined with the login.
Spam is unsolicited bulk mailout with advertising, commercial or promotional information to other Internet users, use of own or provided information resources (mailboxes, emails, WWW pages, etc.) as contact details for any of the above actions, regardless of the part of the Internet from where these actions were performed.
Hosting is placing the Customer’s website and mailboxes on the Contractor’s server.
3. Scope of the Contract
3.1. Under this Contract, the Contractor undertakes to provide the Customer with the following services:
- account sign up (with a unique login and password, allowing to post information using the Contractor’s equipment);
- allocating the Customer disc space on the Contractor’s equipment based on the selected and paid hosting plan for the Customer’s website hosting and storing Customer’s information in the specified storage during the time established by this Contract;
- registering and extending the registration of Customer’s domain names;
- supporting primary and secondary DNS server names for domains used;
- the ability to use all available software and features based on the selected and paid plan;
- consultations for Customers via email and other communication channels related to connection to services and software setup;
- other services described on the Contractor’s website netx.hosting.
3.2. The size and technical specifications of the hosting account for hosting the Customer’s website, as well as the cost of services under the present Contract, are determined by the tariff plan selected by the Customer based on the information provided on the Contractor’s website at https://netx.hosting/cart.php?gid=9 https://netx.hosting/cart.php?gid=2.html http://netx.hosting/prohosting.html, https://netx.hosting/cart.php?gid=3.
The cost and terms of domain name registration are determined and described on the Contractor’s website at https://netx.hosting/cart.php?a=add&domain=register.
4. Terms and procedure of domain name registration
4.1. Domain registration takes place according to this Contract, Domain Name Regulations, as well as the procedure for domain registration established and published on the Contractor’s website.
4.2. The Contractor registers domain names based on the Contract with the .ua domain administrator, administrators of regional domains and other registration companies.
4.3. To register a domain, the Customer must provide correct information during the registration on the Contractor’s website. If the Customer provides false data, the Contractor is entitled to refuse to register the domain or stop delegating an already registered domain. The following documents may confirm identification:
a. for a legal entity – copies of registration documents certified by the organization’s seal and a signature of the authorized person;
b. for an individual – high-quality color scanned copy of the passport or other government-issued identification document with the holder’s signature.
These documents may be provided via emails specified on the Contractor’s website, or to the Contractor’s postal address.
4.4. A domain name is registered when all registration requirements and terms are met, namely:
a. the Customer pays for the registration service in full;
b. the Customer provides correct data about its identity/organization;
c. the domain name is available at the time of registration;
d. domain name registration does not violate moral and ethical norms and the legislation of Ukraine.
4.5. Subsequent operations with the domain name, such as changing the contact person, changing the registrar, transferring rights to the domain to another person, etc., are described on the Contractor’s website and must be observed by the parties.
4.6. The domain is deemed registered, and the domain registration service requested by the Customer completed from the moment when the domain entry is published with the label “OK” or “Registered” (this may vary depending on zone rules) in the Domain Zone Register and public WHOIS services.
4.7. The Customer’s responsibility for every domain ends when the domain registration term expires. The domain registration term is specified in the respective domain name entry in the Customer’s account.
4.8. The cost of domain renewal following its registration term expiration may vary from the regular cost of domain extension.
4.9. When the domain registration term expires and the current owner does not extend it, the Contractor is entitled to delete this domain from the register after 28 days and transfer the domain to another registrant.
4.10. The Contractor has the right to open and update the domain registrant’s data for any domain name.
4.11. Following the official request from authorized bodies and organizations, the Contractor has the right to provide data on the domain and domain name registrant, even if these data for this domain were hidden in the WHOIS service.
4.12. The Customer agrees that the Contractor, Administrator and Operator of the Register shall not be responsible for the consequences of the application and improper use of the Customer’s domain names, including before third parties, as well as for the Customer’s violation of any third-party rights.
4.13. No refund is given for the registered domain(s) as per the current Contract under any conditions.
4.14. Any transactions with the domain shall be performed in compliance with domain zone rules and regulations, where the domain has been or is being registered.
- .UA domain rules [https://hostmaster.ua/policy/?ua]
- .COM.UA domain regulations [https://hostmaster.ua/policy/?com.ua]
- .KIEV.UA domain regulations [https://hostmaster.ua/policy/?kiev.ua]
- Regulations on the registration of second-level public domains [https://hostmaster.ua/policy/2ld.ua
- Peculiarities of second-level domain registration [https://hostmaster.ua/2ld/]
- Rules for registering and using domain names in the .УКР domain [http://uanic.net/pravila-registracii-i-polzovaniya-domennymi-imenami-v-domene-ukr/]
- Rules for registering domain names in .RU and .РФ domains [http://www.cctld.ru/ru/docs/rules.php]
- Rights and obligations of international domain name registrants [http://www.icann.org/en/resources/registrars/registrant-rights/benefits]
5. Rights and obligations of the parties
5.1. The Contractor undertakes to:
5.1.1. Duly and timely provide services specified in paragraph 3 of this Contract based on the terms of this Contract and as part of the tariff plan and other services provided by the Contractor as selected and paid for by the Customer.
5.1.2. Maintain continuous 24/7 connection of the equipment used for the Customer’s website hosting and servicing to the Internet, except for periods required for technical maintenance.
5.1.3. Inform the Customer of the changes in the rates for Services, terms of service and payment methods, as well as other terms of this Contract at least 10 business days in advance by posting respective information on the Contractor’s website http://netx.hosting and notifying the Customer at its email.
5.2. The Customer undertakes to:
5.2.1. Timely pay for the Contractor’s Services according to the selected plan and based on the terms of this Contract.
5.2.3. Observe terms of service specified in Annex No. 1.
5.3. The Contractor is entitled to:
5.3.1. Temporarily suspend the service in the following cases:
а. Non-receipt of the payment for the service being rendered;
b. Violation by the Customer of hosting rules (Annex No. 1);
c. Materials posted on the Customer’s website (domain) infringe copyright;
d. Identification of DOS or DDoS attack on the Customer’s website, IP address, domain or server.
5.3.2. If the Customer’s website exceeds the load on the server and other resources, the Contractor is entitled to offer the Customer to switch to another plan (VPS or dedicated server) to have the resources consumed by the Customer’s website. If the Customer refuses to switch to another plan (VPS or dedicated server), which would correspond to the volume of resources consumed by the Customer’s website, the Contractor shall be entitled to refuse to provide the Customer with subsequent hosting services and instead refund the unused amount of money. In the event of a significant excess of resource consumption, the Contractor shall be entitled to suspend the Customer’s service and inform the Customer of the same.
5.3.3. The Contractor shall in no case bear responsibility for the retention of the Customer’s data. The Customer shall independently and timely back up its data.
6. The cost of services and settlement procedure.
6.1. The cost of service shall be determined by a price list posted on the Contractor’s website. Services shall be paid for by advanced payments. Their amounts will be displayed in the Customer’s account on the Contractor’s website netx.hosting.
6.2. The Contractor may change the cost of services and payment procedure. The Contractor shall notify the Customer of any changes via email no later than 30 days before such terms are changed. If the Customer does not agree with the respective changes, it shall be obliged to notify the Customer in writing (via email) before the term for their introduction specified in the Contractor’s notice expires. In this case, the present Contract shall be terminated from the moment when new payment terms are introduced and after the period prepaid by the Customer expires. The absence of the notice from the Customer means its consent to changes and the present Contract shall remain effective taking into account new terms.
6.3. All notifications on the expiration dates of Services, as well as invoices and other financial and general information, shall be communicated by the Contractor to the Customer using the Customer’s contact email. The Customer shall bear responsibility for the relevance and availability of its contact email. The Contractor shall not accept any claims concerning non-received notifications, invoices or messages to the Customer’s email.
6.4. When the Customer violates the settlement procedure determined by this Contract, the Contractor is entitled to terminate the provision of Services to the Customer. The Customer’s login and the content of its website shall be retained for the Customer for 5 (five) days following the day when the Customer’s balance equals zero. After this term expires, the content of the Customer’s account may be automatically deleted and the Contract terminated.
6.5. If the Service provision is suspended due to non-payment and later renewed after the Customer paid the debt, the term during which the service was suspended shall be considered a term when the service was provided in full.
7. Special conditions and responsibility of the Parties
7.1. The Contractor shall not reimburse any direct or indirect damage caused to the Customer as a result of using or inability of using the Services, including the damage born by the Customer as a result of bugs, omissions, interruptions, file deletion, defects, delays in the functioning and data transmission, changes in the functions and other reasons.
The extent of the Contractor’s responsibility is limited solely to the provision of additional time for website use, depending on the interruption in the service provision. The Customer’s lost profit shall not be subject to reimbursement by the Contractor.
7.2. The Contractor shall bear no responsibility for the quality of public communication channels used to access the Services.
7.3. The Contractor shall not be liable for the content of information transmitted by the Customer over the Internet.
7.4. The Customer shall bear sole responsibility for the information transmitted by it or another person using the Customer’s data over the Internet, nor for the damage caused by its actions (personal or those committed by another person using the Customer’s data) to persons or the property of citizens, legal entities, the state and ethical principles of society,
7.5. The Customer undertakes full responsibility and risks related to the use of the Internet with the help of the Contractor’s services, including the responsibility for the assessment of accuracy, completeness and utility of any opinions, ideas, other information, as well as the quality and properties of goods and services distributed over the Internet and provided to the Customer using the Contractor’s services.
7.6. In the case of its resource failure, the Customer undertakes to notify the support about the issue no later than within 5 days; otherwise, the Contractor shall not bear responsibility for the safety of the Customer’s data.
7.7. The Customer bears full responsibility for the safety of its password and any damage that may arise from its unauthorized use. In the event of login and password theft that happened due to the fault of third parties, the Customer shall be entitled to submit to the Contractor an application requesting to change the login and password, accompanied by the required financial document confirming the payment for Services, and, upon the Contractor’s request, – the Customer’s identity document. The registrar shall not bear responsibility for the actions of third parties that committed the theft and caused damage to the Customer. The Customer shall decide on the competent authorities it should apply for the protection of its rights and legal interests to bring the perpetrators to statutory liability and reimbursement by them of the damage caused.
7.8. The Parties undertook to keep the confidentiality of the Customer’s network credentials (password and username).
8. Force majeure
8.1. The Parties shall bear no responsibility for the full or partial non-performance of obligations under this Contract if such non-performance is related to the force majeure circumstances. Such circumstances include natural disasters, crashes, civil unrest, strikes, military hostilities, illegal actions of third parties, epidemics, fires, enactment of legislative acts, decrees and resolutions of public authorities and other circumstances, beyond the control of the Parties.
8.2. The Party referring to the force majeure circumstances shall be obliged to notify the other party of such circumstances in writing within 5 days.
8.3. If the force majeure circumstance directly influenced the fulfilment of obligations within time limits specified in the present Contract. The term for the fulfilment of obligations shall be postponed in proportion to the time of the relevant circumstance.
9. The procedure for the consideration of claims and disputes
9.1. Customer’s claims concerning the rendered Services shall be accepted for consideration by the Contractor exclusively in writing and no later than 5 calendar days after the dispute appears. Initial information is sent via electronic communication means, while the original document shall be subject to sending with registered mail with a return receipt. The term for the Customer’s claim consideration constitutes at most one month from the moment of due notice.
9.2. To solve technical and legal issues in determining the fault of the Customer resulting from its illegal acts during Internet use, the Contractor shall be entitled to involve competent organizations and experts.
10. Other terms
10.1. The Parties shall be entitled to transfer or assign the exercise of its rights and fulfillment of obligations under the Contract to the third party after notifying the other party at least 10 calendar days before.
10.2. In all other cases not stipulated and not foreseen by this Contract, the Parties shall be guided by the current legislation of Ukraine.
11. The moment of Contract conclusion, its term and the procedure for amendment and termination
11.1. Present Contract shall take effect from the moment of its registration and placement of the order by the Customer on the netx.hosting website and shall be valid for a period determined by the Customer’s plan.
11.2. After the term determined by paragraph 8.1 of the Contract expires if the Customer keeps using the Contractor’s services and in the absence of objections from the Parties, expressed in writing via email, the Contract shall be deemed extended for the next period on the same terms. The rule of Contract extension established by this paragraph shall be applied to all subsequent cases of this Contract extension.
11.3. If the Customer violates the terms of this Contract, the Contractor shall be entitled to terminate the Contract unilaterally, while simultaneously sending the Customer written notice to the Customer’s email. The date when the relevant notice was sent to the Customer shall be deemed the moment of termination.
11.4. The Customer is entitled to refuse from the Contractor’s Services at any time and without an explanation of reasons.
11.5. Should this Contract be terminated early, when providing the Customer with relevant documents, the Contractor shall refund the latter money in the amount proportional to the cost of unused scope of Services. The money shall not be refunded if the Contract was terminated because the Customer violated the terms of Annex No. 1 to this Contract.
11.6. The Contractor reserves the right not to extend this Contract with the Customer without having to explain the reasons for this. The Contractor undertakes to notify the Customer of the same via email no later than 15 days before the Contract’s expiration date.
11.7. In all other matters not regulated in the text of the present Contract, the Parties shall be governed by the current legislation of Ukraine.
11.8. The Parties shall keep the confidentiality of data related to this Contract and undertake to use it exclusively for the purpose of fulfilling its contractual obligations.
11.9. The Contract shall remain valid if the addresses and bank details or constituent documents of the Parties change, including change of owner, organization and legal form, etc., as well as passport, contact or other data of the Customer – individual.
11.9.1. The Contractor shall inform the Customer of relevant changes by posting the message on its website.
11.9.2. The Customer shall make the relevant changes by adjusting data in its personal account.
12. Dispute resolution procedure
12.1. Disputes and differences under the present Contract shall be resolved by the Parties through negotiations, and if the agreement is not reached – under the current legislation of Ukraine.
13. Contractor’s bank details
Name NETX LLC
Place of registration: 04060, Kyiv, 10 Podvoiskoho Street, apt. 35
Identification code of the entity: 41998782
KVED 63.11 Data processing, hosting and related activities
Annex 1 to Offer Contract
Terms of Service
1. The Rules constitute an integral part of the Offer Contract.
2. The Contractor shall provide the services, paid by the Customer, as well as ensure the operation of our technical support.
3. The Customer should protect the Customer’s login, account identification number and passport from distribution and publication. If this information is made public, responsibility for all actions made by the Customer or third parties using the Customer’s login and password shall be borne solely by the Customer. The Contractor shall bear no responsibility before the Customer for any damage caused through the loss of the credentials used to access the account and the website.
4. Any domain names and websites hosted as part of the account under this Contract must belong to the Customer. Hosting domain names and websites owned by third parties is not allowed.
5. Setting up and launching any additional or non-standard software shall be made only after consultation with the Customer’s support.
6. The Customer is prohibited from:
6.1. Using the Services to transmit over the Internet any information violating current legislation of Ukraine or international legislation.
6.2. Publishing and forwarding any information or software containing computer “viruses”, other malicious software or capable of disrupting the normal functioning of computers available through the Internet.
6.3. Forging service information in the message headings sent using the teleconference or email.
6.4. Falsifying its IP address, as well as addresses used in other network protocols, when transmitting data over the Internet.
6.5. Installing on the Contractor’s servers software that is not directly related to the shared hosting service (e.g., proxy servers, socks servers, IRC servers, IRS bots, instant messaging servers, and so on), as well as any software where its functioning infringes the interests of other Customers.
6.6. Sending bulk mailouts (spam) both from the Contractor’s servers and from other servers using email. A public posting of the email address or other system for personal information exchange may not serve as the ground to include the email in any bulk mailout list. Including the address obtained through the webserver form, subscription robot, etc. in the list of addresses for mailouts is allowed only provided the existence of a due technical procedure to confirm the subscription, which guarantees that the address will be included in the list only with its owner’s consent. The procedure for confirming the subscription must prevent the inclusion of the address in the list of addressees of any mailout (one time or recurrent) at the initiative of third parties (i.e., persons who are not these address owners).
Any subscriber must be able to have his or her address removed from the mailout list at any time. This being said, the possibility of being removed from the list shall not serve as the justification for the inclusion of addresses in the list without the consent of their respective owners.
6.7. Attempting to obtain unauthorized access to the Contractor’s resources and other systems accessible via the Internet. Unauthorized access shall mean access using any method other than the one intended by the owner.
6.8. Taking steps to transmit to third-party computers or equipment meaningless or useless information creating excessive (parasitic) load on these computers or equipment, as well as intermediate parts of the network in the volumes exceeding the minimum required for checking network connection and accessibility of its elements.
6.9. Using the Services to distribute and transmit pornographic materials.
6.10. Publishing and/or otherwise distributing false data on third parties, thus affecting the honor and dignity of individuals or good standing of legal entities.
6.11. Publishing and/or using third-party identification personal data (names, addresses, phone numbers and the like), save for cases when these persons directly authorized the Customers for the same.
6.12. Publishing and/or distributing materials protected by copyright, hence violating copyright and related rights.
6.13. Posting scams, tools for software hacking, traffic redirection utilities; distributing spam software, email address databases; publishing spam service offers.
7. The above list of illegal actions on the part of the Customer is not exhaustive. Any action of the Customer not provided by the Contract and applicable legislation of Ukraine, technical standards and norms of conduct on the Internet, which contains elements of the criminal or administrative offence, or violates the rights and legitimate interests of third parties, may be classified by the Contractor as a material breach of the Contract.
8. If the Customer violates the above terms, the Contractor shall be entitled to suspend the provision of Services under the present Contract until the Customer eliminates all facts that served as the grounds for such suspension, or terminate this Contract unilaterally.
9. The Customer’s failure to pay for more than 7 calendar days shall be recognized by the Parties as the Customer’s refusal to continue using the services under the present Contract; hence the Contract shall be considered terminated, and all Customer data shall be deleted from the database and servers without additional prevention.