Terms of service
TheHost's full range of services is based on the following terms and conditions. These rules are mandatory for all Subscribers of the hosting provider TheHost.
TheHost Company – further - the Contractor.
Customer of TheHost services – further - Subscriber.
Virtual hosting – a list of services provided by the Contractor under the name "Hosting", "Premium-hosting", "Hosting reselling".
Virtual server – a list of services provided by the Contractor under the name "VPS/VDS" for providing the Subscriber with a virtual dedicated server with an external static IP address.
Dedicated server– a list of services provided by the Contractor under the name "Servers", "Dedicated physical server" and providing the Subscriber with a dedicated physical server with an external static IP address and physical location at the technical facilities of the Contractor.
Software – software of any kind, including website scripts.
The service "My Payment Cards", hereinafter referred to as the MPC, is available in the personal account of Contractor at https://my.thehost.com.ua. This service allows you to add personal payment cards of the Visa, MasterCard and PROSTIR payment systems, hereinafter referred to as IPS, for accounting in your personal account.
1. Responsibilities of the Contractor:
1.1. Provide the Subscriber with services that correspond to the tariff plan selected by the Subscriber.
1.2. Register the Subscriber by creating an opportunity to register a personal account in the Personal account.
1.3. Provide services in accordance with the characteristics described on the official website of the Contractor.
1.4. Store confidential information of the Subscriber received from him during registration, as well as the content of private e-mails except as provided by current legislation of Ukraine.
1.5. Provide basic and technical support to the Subscriber related to the work of the ordered services, including:
1.5.1. Consulting assistance on registration, transfer for service to the Contractor, renewal and configuration of domain names registered with the Contractor;
1.5.2. Consulting assistance during ordering and extending the validity of the entire list of services of the Contractor;
1.5.3. Consultations on technical characteristics and properties of the Contractor's services;
1.5.4. Consultations on placement and launch of the Subscriber's web resources on the ordered services of the Contractor;
1.5.5. Assistance in installation and, at the Subscriber's request, self-installation of SSL certificates ordered from the Contractor within the Virtual hosting, Virtual servers or Dedicated physical servers ordered from the Contractor. The installation involves the integration of the SSL certificate of the site in the control panel of the hosting or virtual server, but does not provide a possible modification of the source code of scripts and files of the site for its correct operation via HTTPS;
1.5.6. Free and complete replacement of failed hardware components, Dedicated physical server services;
At the same time, basic and technical support of Subscribers does not include:
1.5.7. Development of websites and other software for the Subscriber;
1.5.8. Corrections and modifications of the source code of the Subscriber's websites and software;
1.5.9. Modifications of graphics elements and design of the Subscriber's resources;
1.5.10. Carrying out activities aimed at improving the position of the Subscriber's website in the results of search engines on the Internet;
1.5.11. Free treatment and cleaning of the Subscriber's resources from viruses or other malicious code;
1.5.12. Installation/configuration and removal of non-standard software on the Subscriber's services;
1.5.13. Administration and modification of the content of the Subscriber's web resources;
1.5.14. Restoration of Virtual and Dedicated servers of the Subscriber after damage of the software caused by actions of the Subscriber;
1.5.15. Software updates of the Subscriber's websites and tracking the existence of new updates.
2. Responsibilities of the Subscriber
2.1. Pay for the Contractor's services in a timely manner in accordance with the selected tariff plan.
2.2. The Subscriber undertakes to get acquainted with the information on the terms of service and the Rules of providing services on the official website of the Contractor at thehost.ua.
2.3. Not to violate these Terms of service.
3. Rules of registration and transfer of domain names
3.1. The Contractor provides the Subscriber with the opportunity to register, renew and transfer domains both for the benefit of the Contractor and for the benefit of third parties.
3.2. All transactions with domains, including payment, are carried out using an automated personal account system.
3.3. Refunds for any paid transaction with domain names are not possible, as such a procedure is not provided by the current rules of domain name registries and the Contractor will not be able to refund his funds for a paid transaction in the domain name register.
3.4. Domain name registration involves the provision of personal information about the potential owner of the rights to the domain name. In this case, the data identifying the user is open and can be published in public sources, which include the WHOIS database.
3.5. Transfer of rights to a domain name, transfer of a domain name for service to another Registrar is carried out by an official letter from the Subscriber. If the domain name is registered to a legal entity, a letter on the form of the organization, with the stamp of the organization and the signature of the director is required for the transfer of rights/transfer. If the domain name is registered to an individual, copies of the first and second pages of the passport certifying the Subscriber's signature shall be provided together with the application for the transfer of rights/transfer. In case of termination of the Subscribers' service, the Contractor guarantees the transfer of domain names to another Registrar with preservation of user information and ownership of each domain name.
3.6. The Subscriber agrees that the Contractor may refuse the right to perform any paid transaction with a domain name, as well as refuse the right to perform the transfer of a domain name for service to a third-party domain name registrar, the right to change the domain name in cases where the Contractor's services were not fully or partially paid or in a situation when the Subscriber's balance in the personal account is negative. The Subscriber understands that the debt for payment of the Contractor's services may be the result of late payment or non-payment of other services and services of the Contractor and agrees that this fact may be blocking the performance of the above operations with the domain name.
3.7. All information provided by the Subscriber to the Contractor for the purpose of domain name delegation must be complete, true and accurate.
3.8. The Subscriber must immediately notify the Contractor of any changes in the information mentioned in paragraph 3.6, in order to maintain its completeness, truthfulness and accuracy throughout the term of delegation of the domain name.
3.9. The Subscriber accepts and agrees that in case the Contractor finds incorrect or false information provided during registration or change of contact information of the domain, the Contractor has the right to suspend the delegation of the domain until the correct information is provided by the Subscriber.
3.10. The Subscriber understands that he knows and understands the purpose of collecting, storing and publishing information provided by him to the Contractor and necessary to provide the domain name delegation process, as well as that he knows and agrees that the current status of such information will be publicly available in real-time through WHOIS or another similar service.
3.11. The Subscriber has read and agrees with the Regulations of public domains, which are published at: https://hostmaster.ua/policy/2ld.ua
3.12. The Subscriber has read and agrees with the Regulations on the peculiarities of registration of private domain names of the second level of the .UA domain, which is published at the following address: https://hostmaster.ua/policy/ua
3.13. The Subscriber has read and agrees with the Regulations on the peculiarities of registration of private third-level domain names in the domains kyiv.ua and kiev.ua, which is published at: https://hostmaster.ua/policy/2ld.ua
3.14. The Subscriber has read and agrees with the Regulations on the peculiarities of registration of private third-level domain names in the domains nikolaev.ua and mk.ua, which is published at: http://sunic.ua/uk_UA/page/documents
3.15. The Subscriber has read and agrees with the Regulations on the peculiarities of registration of private third-level domain names in the domains odessa.ua, odesa.ua and od.ua, which is published at: http://sunic.ua/uk_UA/page/documents
3.16. The Subscriber has read and agrees with the Regulations for maintaining domain names that are not serviced by the Registrar. The regulations are published and available at: http://sunic.ua/uk_UA/page/documents
3.17. The subscriber has read and agrees with the Unified policy for resolving disputes over domain names in the .UA domain, published at: https://hostmaster.ua/policy/ua-drp
3.18. The obligatory condition for registration of the 2nd level domain in the .UA domain zone is that the Subscriber has a certificate for the trademark of the same name with the desired domain name. It is impossible to register a domain without this document. Applications for registration of domains in the UA domain zone are processed by the Registry operator manually only on working days. The minimum term for consideration of an application for registration of a .UA domain name is 3 working days. An important feature of this domain zone is the fact that the owner of the domain name in the top-level zone .UA is the owner of the trademark, which must be specified by the Subscriber when forming an application for domain registration. The subject specified by the Subscriber at registration in the form of contact of the domain, will not be the owner of the domain in a zone of the top level .UA.
3.19. The Subscriber has read and agrees with the Regulations of the public Internet service WHOIS https://hostmaster.ua/services
3.20. The Subscriber has read and agrees with the Procedure for maintaining a domain name in case it is not serviced by the registrar, published at: https://hostmaster.ua/services
3.21. The Subscriber is informed that in case of untimely renewal of the domain name, the term of possible unauthorized renewal of the domain name "AutoRenewGracePeriod" may be reduced by the Registrar to 20 days from the date of expiration of the domain
3.22. The Subscriber understands that if the domain name is not renewed within 20 days from the expiration date of the domain, the domain will go into the "RedemptionPeriod" status and the standard renewal operation will no longer be applicable to such domain name. In order to retain ownership and activate domain name, in this case, a special domain recovery operation from the "RedemptionPeriod" status will be required, the cost of which exceeds the price of a standard domain renewal operation for 1 year by at least 5 times. The exact cost of the restoring operation of the domain from the "RedemptionPeriod" status depends on the current regulations of the domain zone administration and the Contractor's pricing policy.
3.23. The restoring operation of the domain name from the "RedemptionPeriod" status simultaneously renews the domain for 1 calendar year. The cost of renewal is already included in the cost of the restore operation and does not require additional payments from the Subscriber.
3.24. As a result of hostilities on February 24, 2022, a temporary change was made in the policy of servicing domain names in the "RedemptionPeriod" status on the territory of Ukraine for the following domain zones: .UA, .COM.UA, .ORG.UA, .IN.UA., .NET.UA, .KIEV.UA, .KYIV.UA, .CHERKASSY.UA, .CHERKASY.UA, .CK.UA, .CHERNIGOV.UA, .CHERNIHIV.UA, .CN.UA, .CHERNOVTSY.UA, .CHERNIVTSI.UA, .CV.UA, .IVANO-FRANKIVSK.UA, .IF.UA, .KIROVOGRAD.UA, .KR.UA, .KHERSON.UA, .KS.UA, .KHMELNITSKIY.UA, .KM.UA, .LUTSK.UA, .LT.UA, .VOLYN.UA, .POLTAVA.UA, .PL.UA, .ROVNO.UA, .RIVNE.UA, .RV.UA, .UZHGOROD.UA, .UZ.UA, .VINNICA.UA, .VN.UA, .ZHITOMIR.UA, .ZT.UA, .KH.UA, .ZP.UA, .DN.UA, .LG.UA, .SUMY.UA, .KHARKOV.UA, .LUGANSK.UA, .SM.UA, .KHARKIV.UA, .DONETSK.UA, .ZAPORIZHZHE.UA, .DP.UA, .DNIPROPETROVSK.UA, .DNEPROPETROVSK.UA, .CO.UA, .BIZ.UA, .OD.UA, .ODESSA.UA, .ODESA.UA, .MK.UA, .NIKOLAEV.UA, TERNOPIL.UA, TE.UA. According to the provisions of the temporary maintenance policy, the cost of restoring domain names in the "RedemptionPeriod" status from 02/24/2022 to 04/30/2023 is equal to 2 standard renewal operations, and from 05/01/2023 is equal to 4 standard domain name renewal operations in the corresponding domain zone.
3.25. The Subscriber is informed that in some domain zones (for example, .EU, .PL, .CZ) there is no status "AutoRenewGracePeriod" and the domain is given the status "RedemptionPeriod" immediately after the expiration of the domain name delegation in case of lack of timely service renewal.
3.26. The Subscriber understands that in case of registration of an international domain name included in the list of reserved domain names of the domain zone owner or a domain name included in the list of premium domains, the registration price will differ from the standard one indicated on the Contractor's website. Any promotional discount or special price offer on the Contractor's website may not apply to premium domains and may only be used for standard domain names that are not included in the premium list.
3.27. Applications for registration and transfer of domain names are processed by the Contractor in the order of their receipt. These Rules do not set a "period of simultaneity": the first application for any domain in the queue is satisfied, all other applications for the same domain are rejected.
3.28. The Subscriber can become the owner of a domain name in the .DE zone as both an individual and a legal entity. In this case, every non-resident or foreign company that registers domain names in the .DE zone must have a so-called "administrative contact" in Germany. That is, his authorized representative, who is a resident of the country and is ready to provide his postal address to exchange the necessary documentation. If the Subscriber does not provide all the necessary technical data within 4 weeks after the domain registration in the .DE zone, the delegation of the domain name in the .DE zone will be canceled. The Subscriber or his "administrative contact" must have a real address located in Germany. In this case, the mailbox of the Subscriber cannot be in the role of the Subscriber's contact address or administrative contact.
3.29. To register a domain in the .RU, .РФ, .SU zones, the Subscriber, among other general data, is obliged to indicate the series and number of his passport, by whom and when it was issued, as well as the date of his birth. All data must be reliable.
3.30. When delegating a .EU domain name to a Subscriber, the administrative contact must be a natural or legal person who is a resident of the European Union with the corresponding address of registration or state registration.
3.31. Domain name registration by the Contractor in some domain zones, where registration is associated with manual verification or data processing by the domain zone Administrator, may be performed up to 10 working days from the moment of payment of the domain registration application by the Subscriber.
3.32. The Subscriber agrees that neither the Contractor, nor the Administrator, nor the Registry Operator shall be liable for the consequences of the use or illegal use of domain names by the Subscriber, including to third parties, as well as in case of violation of the rights of third parties.
3.33. The Subscriber confirms that when using the "Privacy protection" service, his personal data, as well as the data of the domain name owner, can and will be provided to the competent authorities if requested by the latter. If the use of the domain name is associated with a possible violation of current law, the Contractor reserves the right to refuse or early refusal to provide the service of hiding the data of the domain name owner in the results of WHOIS queries.
3.34. The Subscriber is informed and understands that when registering a new domain name in international domain zones or changing contact information in existing international domain names, a special email with a verification link may be sent to the contact e-mail address specified in the domain contact's administrative contact properties. Going to the specified link confirms that the e-mail address specified by the Subscriber in the contact properties of the domain name is correct and working. If such a letter is ignored within 14 days, the domain name may be temporarily blocked until the Subscriber confirms the contact e-mail address.
3.35. The Subscriber agrees that any promotional discount or special price offer on the Contractor's website regarding domain names applies only to the registration of new domains. Transfer and domain name renewal operations are paid by the Subscriber in accordance with the standard non-promotional value, unless otherwise specified in the terms of the current promotion.
4.1. It is forbidden to send spam and other types of mass mailings (scripts designed to send messages on forums, chats, e-mail, etc.), to support hacking, cracking and other illegal actions on the Internet. In case of detection of mass mailings using site scripts, SSH connections or virtual hosting mailboxes, the Contractor reserves the right to block the ability to send e-mail, as well as full or partial suspension of the ordered service.
4.2. It is forbidden to place on the sites any materials that contradict the laws of Ukraine or materials that infringe the copyrights of third parties (pornography, pirated content, materials promoting violence, murder, racial hatred, ethnic hatred, etc.).
4.3. In cases of placement of pornographic materials or "erotica" - as it is impossible to define a clear boundary between them – such a situation is solved at the discretion of the Contractor.
4.4. It is strictly forbidden to place various php-gateways, anonymizer scripts, gate and proxy on Virtual hosting.
4.5. It is forbidden to use scripts that download files from file sharers.
4.6. Installation of IRC-servers, IRC-bots, various network scanners is prohibited.
4.7. Within any tariff plan of Virtual hosting it is forbidden to place the following:
4.7.1. Control panels for third-party software or servers;
4.7.2. Game server statistics systems;
4.7.3. Websites directly or indirectly related to game topics;
4.7.4. Torrent trackers;
4.7.5. Websites that sell private accounts (in gaming resources, third-party software, payment systems, mail systems, etc.);
4.7.6. Hyip project websites, financial pyramid websites or financial pyramid websites;
4.7.7. Applications and websites used in external servers or sites (social networks, api to provide any functionality);
4.7.8. Websites that distribute, promote or describe the production of any narcotic drugs or smoking mixtures;
4.7.9. Hacker-targeted web resources;
4.7.10. Phishing resources;
4.7.11. Web resources of political movements and parties, websites directly or indirectly related to politics;
4.7.12. Websites dedicated to the topic of cardsharing or those that provide this service;
4.7.13. File sharing resources (file sharing, photo hosting, etc.);
4.7.14. Websites directly or indirectly related to the sale of any drugs that require a license without a license;
4.7.15. Lottery and gambling websites;
4.7.16. Currency exchange sites (both real and electronic);
4.7.17. Software and scripts that download information from third-party resources and sites.
4.7.18. Websites directly or indirectly related to terrorist organizations that are officially recognized as such by national or international law, as well as websites related to anti-government activities.
4.7.19. Web resources directly or indirectly related to the subject of suicide propaganda.
4.8. It is forbidden to place computer viruses of any type on your disk space. When detecting viruses or malicious scripts in the user's account, the Contractor notifies the Subscriber that viruses or other malicious software have been found on his hosting account, and informs about the need to clean the account from this malicious content. If the Subscriber ignores messages of this nature and there is no response from the Subscriber within 24 hours after sending the notification, the Contractor reserves the right to fully or partially block the Subscriber's Virtual hosting account in order to prevent malicious software from running and operating on Virtual hosting. In this case, partial or complete blocking can be removed by the Contractor as soon as the Subscriber wishes to remove viruses or other malicious software on his hosting account.
4.9. Sites hosted within Virtual hosting must use the computing resources of the hosting servers in accordance with the following requirements:
4.9.1. The Subscriber must not exceed the maximum allowable load on the CPU of the hosting server, which is 10% in the maximum tariff plans of Virtual hosting
4.9.2. Subscriber's website scripts should not execute single SQL queries to MySQL and PostgreSQL databases that run for more than 16 seconds. To optimize query execution time, we recommend using database table indexes and SQL query code optimization
4.9.3. The subscriber should not set the CRON scheduler task to run more than once every 5 minutes
4.9.4. The Subscriber should not use external disconnection to MySQL or PostgreSQL databases, except for maintenance and administration of databases
4.9.5. It is not allowed to start processes using SSH protocol or CRON tasks, the execution time of which exceeds 10 minutes.
4.9.6. Within Virtual hosting the Subscriber must not run his own processes that open sockets in LISTEN mode, or processes that act as server services and do not provide shutdown.
4.9.7. Personal backup tasks for hosting account data should not be performed more than once a day.
Hosting accounts that violate the above requirements for the use of Virtual hosting resources may be blocked if the situation with the Subscriber is not resolved. The solution may be to change the tariff plan to a more productive one or to remove/optimize scripts that cause a significant load.
4.10. When ordering Virtual hosting within the free trial period, in the absence of actual work with hosting by the Subscriber, the Contractor reserves the right to suspend the provision of such service.
4.11. Hosting accounts that regularly create, move or delete thousands of files, which significantly reduces the overall performance of the disk subsystem on Virtual hosting, may be completely or partially blocked by the Contractor.
4.12. Within any tariff plan of Virtual Hosting, the Contractor shall form regular backup copies of the Subscriber's hosting account data, if the total number of hosting account files does not exceed 200,000. These backups are not available for deletion by the Subscriber and are not included in the quota of disk space selected by the Subscriber of the Virtual hosting tariff plan, which guarantees the possibility of restoring the Subscriber's data even in case of deleting the hosting account or losing any data in the process of work. Backup copies of the Subscriber's hosting account data are stored on the Contractor's servers within 30 days from the moment of stopping the hosting service and allow resumption of the Subscriber's sites in case of late payment by the Subscriber of Virtual hosting services.
4.13. All Virtual hosting tariffs, which include Premium and Reselling Hosting tariffs, prohibit the storage of more than 500,000 files. This takes into account all files of the Subscriber's hosting account, including temporary files, files of sites, magazines, logs, sessions and e-mail. In case of exceeding the maximum number of files, the Contractor undertakes to inform the Subscriber about this fact, and the Subscriber undertakes to reduce the number of files to the permitted limit within 24 hours or transfer his resources to VPS/VDS or Dedicated physical server. If the Subscriber ignores the information about exceeding the maximum number of files stored on the hosting account, the Contractor reserves the right to disable the hosting service until the incident is resolved.
4.14. Subscribers of a separate Hosting reselling service understand that the Contractor does not provide direct technical, financial or administrative support to the Subscriber's clients. All questions of the Subscriber's clients, which he cannot solve on his own, can be addressed to the Contractor's technical support service only by contacting from the contact e-mail address or by contacting the Subscriber's personal account. Hosting reselling Subscribers are aware that they are fully responsible for compliance with these Terms of service, as well as the actions and placement of their customers' data.
4.15. The Subscriber is informed and agrees that in case of significant excess of the parameters of the chosen tariff plan of Virtual hosting, the Contractor reserves the right to independently increase the tariff plan of the subscriber hosting service to the minimum tariff of the tariff group selected by the Subscriber in which there will be no fact of exceeding any parameter of the hosting service. The change of the tariff plan initiated by the Contractor is performed simultaneously with the recalculation of the validity period of the hosting service ordered by the Subscriber in proportion to the new tariff.
4.16. If the validity of the virtual hosting service has not been extended in time, the service itself suspends its validity. The Contractor shall delete the hosting service if the latter is not renewed by the Subscriber within 20 days from the moment of shutdown. After that, the Contractor may for some time at its own discretion keep backup copies of the Subscriber's hosting service, but after a certain period of time, the Contractor performs a complete backup deletion. To restore the hosting service from the not yet deleted backup copy, the Subscriber must have a hosting service ordered and paid for at at least 1 year in a tariff plan similar to the previously stopped or deleted service, as well as to contact the Contractor's support service with a request to restore the deleted hosting service from the saved backup copy.
5.1. It is forbidden to use servers to send e-mail spam and other types of mass mailings (software designed to send messages on forums, chats, e-mail, etc.), to support hacking, cracking and other illegal activities on the Internet. In case of detection of mass spam, the Contractor reserves the right to block the possibility of sending e-mail for the Subscriber's service.
5.2. It is forbidden to place on the servers any materials that contradict the laws of Ukraine or materials that infringe the copyrights of third parties (pornography, pirated content, materials promoting violence, murder, racial hatred, ethnic hatred, etc.).
5.3. In cases of placement of pornographic materials or "erotica" - as it is impossible to determine a clear boundary between them – such a situation is resolved at the discretion of the Administration.
5.4. The Subscriber is prohibited from placing computer viruses of any type or malicious software on the disk space of the leased server.
5.5. The Subscriber understands and agrees that within the VPS/VDS Virtual dedicated server service he is not allowed to use individual SWAP-partitions, as the use of the latter leads to a significant reduction in disk server subsystems and further degradation of virtual servers in general.
5.6. The Subscriber understands and agrees that when backing up or taking pictures of Virtual servers the latter are disabled for the time of backup. The time during which the Virtual server may not be available depends directly on the size and activity of the VPS/VDS server processes with its disk subsystem. At small or average loadings on a disk subsystem of VPS/VDS creation of pictures or backups passes absolutely imperceptibly for the Subscriber as the virtual server thus remains accessible during all time of their creation.
5.7. The Subscriber agrees that without ordering an additional virtual server backup service, full backups of his VPS/VDS will not be created and any case of corruption of information on the server will be irreversible. Without creating backups, if any data or the server itself is deleted, the recovery of deleted data will be impossible.
5.8. The free trial period is not provided within the Dedicated physical servers line of services.
5.9. The regular time for providing the Dedicated physical server service is three working days from the moment of ordering the service by the Subscriber. In this case, the time between the order and the actual provision of services to the Subscriber may be shorter. If the Contractor is unable to provide services within three working days from the date of ordering, he undertakes to notify the Subscriber of the estimated delay in providing the Dedicated physical server service.
5.10. Considering that the commissioning of Dedicated physical servers involves significant human resources expenditure on the collection, testing and preparation of equipment for operation, in case of possible refund to the Subscriber, funds in the equivalent of 1.5 hours of the Advanced Administration service will be received from the latter. The calculation of the total amount of withheld funds is performed on the basis of the actual cost of the Advanced Administration service at the time of receipt of the request from the Subscriber, while the amount of withheld funds may not be less than 600 UAH.
5.11. When ordering the service for a free trial period, the Contractor's support staff may ask the Subscriber for a detailed description of the planned tasks for which the Subscriber orders the service, as well as a description of the server parameters in which the Subscriber is interested and which he plans to test.
5.12. A free trial period of using the service cannot be provided for the following tasks:
5.12.1. Placement of game services.
5.12.2. Placement of proxy, vpn or any other services that allow using the server as an Internet access node.
5.12.3. E-mail distribution.
5.12.4. Work on the server in a web browser or any other HTTP client with third-party resources on the Internet.
5.13. When ordering a service within the free trial period and in the absence of any action from the Subscriber, the Contractor reserves the right to suspend the provision of such a service.
5.14. The free trial period is provided to the Subscriber only if the full and real name of the account holder is indicated. The Contractor reserves the right to request scanned copies of the Subscriber's passport or birth certificate to verify the veracity of the data provided by him.
5.15. The term of the free trial period may be changed by the Contractor to a greater or lesser extent at his discretion or in cases where the Contractor is confident that the provided trial period to the Subscriber is sufficient to verify the characteristics and performance of the service.
5.16. For servers ordered during a free trial period, e-mail is blocked in order to make it impossible to send spam. Restrictions on sending mail may be lifted only after payment for the service by the Subscriber.
5.17. It is forbidden to use Virtual dedicated VPS/VDS server or Dedicated physical server for DoS/DDoS attacks or other malicious actions, and also the actions forbidden by the legislation of Ukraine.
5.18. Renewal of the Dedicated physical server service suspended for late payment is performed from the date before which the Dedicated server was previously paid and active. The period during which the server was unpaid or turned off, but at the same time retained for the Subscriber, is subject to full payment upon renewal.
5.19. The Subscriber is informed and understands that the use of dedicated servers without fault-tolerant disk subsystems RAID threatens the loss of data on the server due to the failure of the main hard disk or solid state drive. The Contractor shall not be liable for any loss of the Subscriber's data and shall not compensate any direct or indirect losses of the Subscriber in case of such a refusal. At the same time, the Contractor undertakes to replace the damaged media with a similar working drive at the time agreed with the Subscriber.
5.20. By placing the equipment within the collocation service, the Subscriber understands and agrees with the following characteristics of the standard sizes of the equipment, which directly affects the cost of the service:
5.20.1. 1U Rack - width 19 inches (482.6 mm), height 1,719 inches (43.7 mm), depth up to 900 mm
5.20.2. MINI TOWER - width up to 178 mm, length up to 432 mm, height up to 432 mm
5.20.3. TOWER - width up to 255 mm, length up to 482 mm, height up to 585 mm
5.21. The Subscriber of the collocation service understands and agrees that any actions with the placed equipment that may cause damaging of stamps, including dismantling, are possible only with the written consent of the Contractor at least 1 working day before the scheduled date of the visit. Actions and works with the Subscriber's equipment, which do not cause damaging of stamps or dismantling of the equipment, may be carried out by arranging a visit to the TheHost's Data Center at least 1 hour before the scheduled time of the visit.
5.22. The Contractor guarantees the provision of the Colocation service to the Subscriber and the service of Dedicated physical servers, connection at the request of an external management system (IP-KVM). The scheduled waiting time for the external IP-KVM system is up to 24 hours from the moment of the Subscriber's request. If there is a queue of connection requests, the scheduled waiting time for the provision of IP-KVM can be increased by the Contractor, about which the Subscriber will be additionally informed.
5.23. The Subscriber understands and agrees that if there is no timely payment for the collocation service for more than 2 (two) months, service can be reduced in the form of disconnecting the hosted equipment from the Internet and power supply. Changing the volume of the provided service does not affect the frequency and size of regular debits for the collocation.
5.24. The Subscriber understands and agrees that if there is no timely payment for the collocation service for more than 12 (twelve) months, the equipment placed as part of the unpaid service may become the property of the Contractor with the simultaneous termination of the current Agreement.
5.25. Access to the external IP-KVM system is provided free of charge to the Subscriber for up to 24 hours from the moment the subscriber receives the access parameters of the IP-KVM system. The Contractor reserves the right to disable access to external IP-KVM at any time after 24 hours have passed since the transfer of IP-KVM access parameters, unless otherwise agreed with the Subscriber.
5.26. The provision of an external IP-KVM system for a period of more than 72 hours is possible upon a separate request of the Subscriber and on a paid basis from consideration of the cost of every 24 hours of using an external IP-KVM in the amount of 400 UAH.
6. Special conditions and responsibility of the parties
6.1. Data related to commercial cooperation between Subscribers and hosting provider and domain name registrar TheHost – number of Subscribers, number of registered domain names, payment amount, terms and conditions of orders, logins and passwords to services and services, etc. are confidential. This information is not sold/passed on to third parties under any circumstances. Exceptions to this rule may be made only by a court decision.
6.2. The Contractor does not guarantee the absolute uninterrupted or error-free Service and does not guarantee that the offered software or any other materials do not contain system errors. The Contractor shall make every reasonable effort to prevent this.
6.3. The Contractor shall not be liable for direct or indirect damage caused to the Subscriber due to the use or inability to use the Services, or caused by errors, omissions, interruptions, deletion of files, defects, delays in work or data transmission, or changes in functions or other reasons. The Contractor does not guarantee the receipt of the Subscriber's mail from remote networks, the operation of which has led to the inclusion of the address of such a network in the lists according to which the Contractor's mail delivery program does not receive mail.
6.4. The Contractor is not responsible for the quality of public communication channels through which the Services are accessed.
6.5. The Subscriber assumes full responsibility and risks associated with the use of the Internet through the Services provided by the Contractor, including responsibility for assessing the accuracy, completeness and usefulness of any opinions, ideas, other information, as well as the quality and properties of goods and services distributed by his resources on the Internet.
6.6. Withdrawal of funds from the account in the personal account is possible only upon a written application of the Subscriber addressed to the Contractor's Management, except when withdrawal involves the transfer of funds credited to the account in the personal account exclusively under the affiliate program. At the same time, the minimum amount for withdrawal of funds received under the affiliate program is UAH 100, and withdrawal of funds cannot be performed more than once every 1 calendar month. Withdrawal is carried out within 1-3 banking days from the moment of submission of the application for withdrawal of funds. Reseller accounts do not provide any form of withdrawal.
6.7. Early refusal to use the services of the Contractor, in accordance with the Law of Ukraine on Consumer protection, is possible only within the first 14 days from the date of the initial order of the service. Continuation of the service is not an initial order, therefore, when considering an application for early refusal to use the services of the Contractor, the dates of possible continuation operations will not be considered. Refunds are made by the Contractor only in the same way in which the Subscriber paid for the services. Refunds for services over 14 days after ordering are not possible.
6.8. The Subscriber is fully responsible for the preservation of his password and for damages that may arise due to its unauthorized use. Upon theft of login and password due to the fault of third parties, the Subscriber has the right to send to the Contractor an application for change of login and password, with mandatory attachment to the application of the corresponding financial document confirming payment for Services. The Contractor shall not be liable for the actions of third parties that led to the theft. To reimburse the money spent on the lost time, the Subscriber must apply to the corresponding investigative and law enforcement agencies.
6.9. The Contractor is not responsible for notifying any third parties about the deprivation of the Subscriber's access and for possible consequences arising from the absence of such a warning.
6.10. The Contractor communicates with the Subscriber only by appeals from the personal account or via e-mail sent from the Subscriber's contact e-mail. Contact e-mail is the address specified in the registration database on the official website of the Contractor. The Subscriber can ask to change the contact e-mail in the registration database when entering the service area (personal account) on the official website of the Contractor.
6.11. The Subscriber is obliged to pay for the Contractor's services in a timely manner in accordance with the tariffs of the selected services. The Subscriber can find out the validity of the ordered service and, if necessary, extend it in the personal account. If the Subscriber is unable to pay for the Contractor's services in a timely manner, the latter may grant the Subscriber a deferral of payment. To get a deferral, the Subscriber must write a letter to email@example.com stating his login and that the payment for the service is temporarily delayed. The Contractor may grant a deferral to the Subscriber, but not longer than 7 calendar days. If the Subscriber does not pay for the services in a timely manner, the extended service is blocked, and after 7 calendar days it is deleted.
6.12. Changing the tariff plan of the subscriber service, if technically possible, can be carried out at the request of the Subscriber, but not more often than once a day. When changing the tariff plan of the subscriber service, the validity period of the latter changes in proportion to the new selected tariff plan. The change of the tariff plan is not connected with any additional financial relations and is regulated exclusively by the change of the period of the service ordered by the Subscriber.
6.13. The Subscriber understands that any paid or ordered service is valid until the date specified in the personal account as the date until which the service is valid. If the Subscriber did not renew the service in time or enabled auto-renewal, but did not top up the balance in the personal account for the sum required to extend the service, the latter will be stopped at 9:00 (nine o'clock) in the morning of the date until which the service is valid.
6.14. Activation of the service, the payment of which was overdue by the Subscriber, is carried out only after the payment of the overdue service. The service is extended for the maximum period within the funds deposited in the account by the Subscriber. The maximum extension period of any hosting service is 1 month, so it is impossible to extend hosting for a shorter period (day, week, etc.).
6.15. When ordering any tariff plan of Virtual hosting, Virtual VPS/VDS server or Dedicated physical server to prevent fraudulent transactions, the Subscriber confirms his contact phone number by entering the confirmation code received via SMS. The contact phone number can also be confirmed by contacting the Customer support service. The Subscriber's contact number can only be a unique phone number that has not been previously added as a contact number for any other TheHost subscriber.
6.16. The Subscriber agrees to the Contractor to provide technical and informational support, including information posted on the Contractor's website, telephone communications, e-mail and contact in the Subscriber's personal account, using any language from the following list: Ukrainian, Russian, English.
6.17. In case the Subscriber loses the parameters of access to the personal account, he can restore access by contacting the Contractor's Support service from the contact e-mail specified earlier by the Subscriber in the properties of his account. If the Subscriber, for various reasons, has lost access to his contact e-mail, the restoration of access can be carried out by the Contractor by sending access parameters in the SMS message to the verified in paragraph 6.15. contact phone number of the Subscriber. If the Subscriber has lost access to the contact telephone number, the restoration of access can be performed only by an official written application sent to the postal address of the Contractor. If the Subscriber is an individual, copies of pages 1 and 2 of the passport or birth certificate of the individual must be attached to the application. If the Subscriber is a legal entity, it is necessary to provide copies of the certificate of state registration, and his application must have the stamp of the organization and the signature of the authorized person. It is not allowed to send the application and scanned copies of the above documents by e-mail or personal account system. Documents should be sent only in paper form.
6.18. The Subscriber is informed about the need to observe business ethics when contacting the Customer support service. The Contractor reserves the right to refuse to provide basic and technical support if the Subscriber allows himself to address in a boorish tone, using non-literary expressions about the support staff.
6.19. The Contractor reserves the right to refuse the Subscriber to provide services ordered within the free trial period. The Contractor informs that he may not specify and not inform the Subscriber of the reasons for possible refusal to provide a free trial period for using the service.
6.20. Any promotional discount or special price offer on the Contractor's website provides for the possibility of ordering or extending the service at a special price only during the term of the promotional discount or special price offer. The cost of extension of the service ordered or extended earlier at a promotional price is equal to the standard price of the order or extension of the service in its tariff plan.
6.21. If there is a complaint (abuse) about the Subscriber's resources, the Contractor undertakes to forward such a complaint to the Subscriber's personal account. The Subscriber undertakes to respond to the received complaint within 24 hours, which in a mandatory form provides for a written response to the request with the text of the complaint in the personal account on the essence of the requirements set out to him. If the Subscriber ignores the complaint in the personal account, the Contractor reserves the right to permanently disconnect the Subscriber's service that caused the complaint. Disconnection of the service can be carried out by the Contractor until the incident is completely resolved by the Subscriber.
6.22. The guarantee of the issued SSL certificates is carried out exclusively by the certification center and is provided only by means of the certification center. All issues related to SSL warranty cases are resolved by the Subscriber in direct interaction with the certification center. The Contractor does not consider warranty cases of SSL certificates, is not responsible for possible losses of the Subscriber in case of a warranty event, and does not act as an intermediary in negotiations between the Subscriber and the certification center.
6.23. Contractor does not store all information about payment cards. Such technical features of data storage in a personal account guarantee the impossibility of access to the full set of payment card data, consisting of the card number, validity period and security CVV/CVV2 code.
6.24. The payment cards added by the Subscriber can be used by Contractor personal account system for quick payment for services using the "My Payment Card" payment method, as well as for automatic renewal of services and services for which the Subscriber will enable the Auto-Renewal feature.
6.25. Contractor’s MPC service allows the Subscriber to connect an unlimited number of his own bank cards, therefore, when carrying out automatic renewal of services, Contractor service will form a payment using their unique “Priority” property, which directly indicates the order of polling payment cards when trying to make an automatic payment.
6.26. Security system requirements dictate the need for mandatory verification of each payment card added to the MPC using the 3D-Secure technology. In addition, technical requirements for the verification procedure impose a restriction on the use of a payment card added to the MPC, which cannot be used as a means of payment in the personal account of Contractor during the first 15 minutes from the moment the card verification procedure is initialized.
6.27. The 3D-Secure security technology when paying for services using the “My Payment Card” payment method can be activated or deactivated by Contractor upon a written request from the Subscriber. Additionally, Contractor reserves the right to change the property of using 3D-Secure technology at its own discretion, based on security requirements, Internet acquiring system or IPS.
6.28. If it detects possible fraudulent transactions with payment cards in the MPC system or the receipt of complaints about payment transactions, Contractor reserves the right to unilaterally block the payment card from the MPC service with the transfer of additional information to law enforcement agencies of Ukraine.
6.29. Contractor guarantees the Subscriber's ability to remove his payment card from the MPC service, as well as at any time to manage the use of his previously added to the MPC card for automatic renewal of services.
6.30. The Subscriber has familiarized himself with and agrees that if the service expires at the same time, for which the Subscriber has enabled the Auto-Renewal feature, as well as if there is a card added to theMPC service with the Auto-Renewal feature enabled, the latter will be debited in favor of extending the service for the period that the Subscriber has set in its auto-renewal properties.
6.31. The subscriber confirms and assumes all risks associated with the operation of the MPC service, and also realizes the impossibility of the correct operation of the MPC service, if the payment card added in the section "My payment cards" loses its payment properties, which includes but does not limit: expiration the expiration date of the payment card, any blocking of payment transactions on the card, changes in the details of the payment card, depletion of the balance of the payment card, interruptions in the operation of the IPS, as well as blocking of payment transactions on the card by the acquiring system due to suspicion of possible fraudulent actions on the part of the payer.
6.32. Successfully completed auto-renewal payments using the MPC service, as well as payments with the "My Payment Card" payment method, are subject to the general refund rules described in Contractor Terms of Service and Public Offer Agreement.
6.33. The Subscriber confirms that the removal of the card from the MPC service in no case can be the basis for canceling payments and transactions previously successfully made through the MPC service.
Violation of the above Rules by the Subscriber may lead to blocking of his services. The Contractor aims to prevent such incidents in practice, therefore urges the Subscriber not to violate the above Rules.