TERMS AND CONDITIONS
of your use of Besthosting products and services

(1) These Terms are effective immediately between the Customer, a person who uses hosting services, and Besthosting, a company that provides hosting services, further referred to as "Provider";

(2) These two parts hereby accept and agree to be legally bound by these Terms of Service, namely:

1

Terms of Service Agreement.

1.1

According to these terms of service agreement Besthosting holds responsibility to provide the best possible web hosting service to each of its customers. In their turn Customers agree to pay all applicable fees for Services in effect.

1.2

As a precondition and requirement to use the services available via Besthosting the parties are to act in accordance with and subject to the laws of Ukraine.

2

Conditions of agreement implementation.

2.1

After the payment is charged for one working day the Provider sets up and configures a virtual web-server and provides the Customer with necessary information for virtual web-server administration.

2.2

The Provider ensures access to the Internet network and the Customer's virtual web-server 24 hours a day, 7 days a week.

2.3

The Provider undertakes to register and delegate one domain name free of charge for the first payment period, but it is not less than 12 months. The domain name has got an extension in which the Provider is an official registrar on the Customer's choice, except for domains with these extensions: .ua, .cc, .tv, .bz, .mobi, .asia, .me, on the condition that this option is marked in the order. Further delegation and renewal are conditional upon pre-paid hosting service for 6 (months) at the minimum.

2.4

Upon condition of pre-paid hosting service according to a hosting plan and for the period, indicated ** a domain name is not registered free of charge. The Customer can register a domain name later, when the total sum of the first and further payments will be 200% of the cost of an appropriate domain.

2.5

The Customer gives their definite consent to the conditions of Confidentiality deal located on the link: www.besthosting.ua/rules.php (further Confidentiality deal), and the Provider reserves the right to obtain, keep, process, use and disclose the Customer's personal data on the conditions of Confidentiality deal, namely, disclose the Customer's personal data to third parties who serve the Provider, and other people in accordance with the law of Ukraine. Under Confidentiality deal the parties understand detailed terms and conditions of obtaining, storage, processing, usage and disclosure of the Customer's personal data located on the link: www.besthosting.ua/rules.php and are inherent part of the given agreement.

3

Prices and payment procedure.

3.1

The cost of service according to the present Agreement at the moment of its conclusion is defined in accordance with the valid "Price list".

3.2

If the payment for hosting renewal has not been received for 7 (seven) calendar days from the expiration date the provider has the right to suspend the account. The resumption of the account is possible only if the debts are paid off.

3.3

The absence of payment for hosting renewal for 30 (thirty) calendar days from the expiration date of a given service gives the Provider the right to cancel the Agreement with further deletion the Customer's data from the server.

3.4

Due to certain technical necessity the Customer has the right to upgrade a hosting plan, in other words, the upgrade is a change to a higher hosting plan which is on the right side of a current hosting plan in "Price list") by paying off the difference in the pre-paid period of leftover time. The price and more details can be specified at our billing-manager. - billing@besthosting.ua

3.5

The Customer has the right to downgrade a hosting plan, in other words, the downgrade is a change to a lesser hosting plan which is on the left side of a current hosting plan in "Price list") only if the downgrade fee is charged 5 $

3.6

In case there is a discrepancy between the Provider's services and the Customer's expectations, the Customer has the right to cancel services within 30 (thirty) calendar days and get the full refund. Even if the domain name was registered free of charge during the action, its factual "cost" will be deducted from the refunded sum.

3.7

The parties agreed that due to the nature of the Services provided by the Service, and the work performed must be considered properly granted and executed properly from the moment of sending activation letter, indicating the account name and password on the official e-mail address of the Customer indicated during registration. If the customer has a claim to the services provided, it shall forward their claims in writing to the official e-mail address: billing@besthosting.ua within twelve (12) hours of receipt of the activation letter. In the case of non-receipt by the Contractor of the Customer claims, the Contractor is entitled to sign the Act of acceptance of rendered services on their own in the presence of two witnesses at the Contractor's discretion.

3.8

Customer is solely responsible for the correctness of payments are made to them. In the event of a change, the Contractor's bank details are published on his official website www.besthosting.ua. Since the publication of new details on the official web-site, the Customer is solely responsible for the payments made on obsolete requisites. Customer must pay for Performer Services only from a person who was indicated during registration in the order form and / or the Agreement.

4

The Customer's rights and obligations.

4.1

The Provider ensures that the exhaustive information for the website allocation on the Internet is provided. Meanwhile the Customer must possess minimal knowledge for account management. The provider does not hold responsibility for the Customer's learning and for the provision of technical information except for that is directly connected with specific character of a given service.

4.2

The Customer is responsible not to transfer or turn over implementation of the present Agreement and their rights.

4.3

The Customer holds responsibility to use the Internet network only in a legal manner and comply with these terms of services and all applicable national and international laws, rules and regulations in accordance with Ukrainian legislature.

4.4

When the change of a hosting plan happens the Customer has the right to use hosting services at the same price for a prepaid period of the previous payment.

4.5

The Customer is liable for any kind of losses (underwent by him or the third party) or delay in performance caused by incorrect usage of services by the Customer.

4.6

The Customer agrees to pay all applicable fees for Services in effect at the time of sign-up registration and/or renewal, subject to these Terms.

4.7

It is the Customer who is the sole owner of the user name and password. The Customer has the right to dispatch lost passwords and/or change them for others, only if the query is sent from (and to) the authorized e-mail.

4.8

The Customer is liable for lost user name and password which might result in taking over the account by other people with such consequences as information deletion, partially or completely on the given account.

4.9

In case of continuous DOS-attack on the Customer's account (more than 12 hours a month, or more than 3 hours in a row), the Customer is obliged to order a dedicated IP-address. The usage of the dedicate IP-address allows efficiently to prevent the account and the server's functionality from being interrupted.

5

The Provider's rights and obligations.

5.1

In case the Customer's web-server is unreachable through the Provider's fault, the latter is obliged to compensate by service prolongation for tenfold period of absence of web-server access.

5.2

The Provider is liable for full backup of the Customer's data (except for reseller accounts). In case the Customer's data loss through the Provider's fault, the latter is obliged to restore it from the latest backup dated 30 (thirty) days at most. In case the data loss is caused by the Customer its restoration is possible for an additional fee of 50 $

5.3

The Provider preserves the right to change a dedicated IP address assigned for the Customer if it is caused by some technical necessity. If the Customer uses the Provider's DNS-server, the change will take place unnoticed. However, if the Customer maintains his own DNS-server by himself, then the Customer will have to change it without assistance.

5.4

The Provider has the right to change hosting plans without the Customer's consent, having warned the latter in advance of 30 (thirty) calendar days before the change.

5.5

The provider has the right to dissolve the Agreement or suspend the Customer's account indisputably in the following instances:

a) the Customer's placement on his virtual web-server profanity or profane subject matter that insult other people's honour and dignity;

b) the Customer's placement on his virtual web-server pornography, nudity, sexual products, programs or services; escort services or other content deemed adult related;

c) the Customer's placement on his virtual web-server information that contradicts the Ukrainian legislature;

d) by a decision of an authorized governmental establishment in accordance with the Ukrainian legislature;

e) the use of proxy-server on his hosting account;

f) in the case of (suspected) Performer fact of grant by Customer, during registration, filling out the order form, incomplete, false, inaccurate information. Contractor can resume service only after giving the customer the documents, which confirm them at the conclusion of the said Agreement information.

5.6

The Provider has the right to suspend the Customer's account immediately in case of spamming, the sending of unsolicited bulk and/or commercial messages over the Internet, including, but is not limited to:

a) web-pages promotion by means of spamming;

b) mass e-mailing under any subnetwork, by any means;

c) any spamming activities, hacking, software crack and other illegal activities on the Internet network;

d) use of the software, having the features of computer viruses and other components which are equated with them.

5.7

The Provider has the right to suspend the Customer's account if the Provider's representatives classify the Customer's activities or the authorized third parties through Besthosting's services provisioned by the Provider according to this Agreement as those which unfairly or adversely impact the experience of other Customers and negatively affect the performance of the server, namely:

a) execution of malicious scripts, which cause the server's load of more than 50%;

b) exceeding bandwidth resources needed to power the Customer's websites for more than 5% from the server's traffic;

c) generating significant load in excess of the limit load, set the tariff plan selected by the Customer.

5.8

In case the possible reasons of inadequate server's functionality haven't been eliminated, indicated in 5.7, for 3 calendar days' time from the moment of an official warning, which the Provider must send to an authorized e-mail or fax of the Customer, the Provider has the right to dissolve the given Agreement and to allow the Customer to transfer his data for 15 (fifteen) calendar days. In that case the Provider is obliged to refund the unused amount of money.

5.9

The Contractor has the right to suspend the provision of services for the period of repair, subject to informing the customer about such works of fourteen (14) calendar days prior to the date of the event.

5.10

The Provider does not return the remaining funds of the Customer, except as provided in paragraph 3.6. Balance Customer funds may be used exclusively to pay for the services.

6

Liability of parties.

6.1

The Provider is not liable for the Customer's or third parties' damages of any kind under any legal theory for loss of Customer's files and/or data.

6.2

The Provider is not liable for the content of a website allocated on the server by the Customer.

6.3

The Provider is not liable for delayed and/or lost incoming and outgoing e-mail messages if the Customer uses a shared IP-address of the server.

6.4

In case of dissolution of the Agreement due to the breach of Terms p. 4.2 - 4.3 and/or in case the fact of illegal activities is established, as required by these terms of service or as otherwise provided herein, in particular p. 5.5 - 5.6 the unused amount of money is not refunded to the Customer.

6.5

Responsibility for committing a criminal activity in information technology field is legally bound by and in compliance with the criminal legislature of Ukraine.

6.6

The ability to return or non-return or cash balance depends on the reasons for the early termination of the Agreement, as described in the claims. 3.7 and 4.7 of the Treaty, or by mutual agreement of the Parties, unless early termination occurs for reasons not stipulated by the Agreement.

6.7

In case of in connection with the placement of any information on the web-page, claims, disputes, the application of penalties by third parties and / or services to customers considering and addressing these issues on their own, without the involvement of the Contractor, and shall reimburse the Contractor in full damage volume costs, including penalties. In this case, the Customer warrants that the information posted on the web-page is complete, reliable, does not violate the copyright, intellectual property rights of third parties, other rights of third parties and meets the requirements of current legislation of Ukraine. The Customer warrants that it is duly registered and validly existing under the laws of Ukraine.

6.8

Parties are not responsible for any failure to perform the terms of this agreement in case of force majeure for the duration of such circumstances. Under force majeure is understood natural disaster (fire, flood, landslides, etc.), military action, epidemic, strike, embargo, boycott, decisions and actions of public authorities, etc. that prevent the implementation of this Agreement. The fact that the origin and termination of force majeure to certify documents, which according to the current legislation of Ukraine is proof of such circumstances. The party came to a force majeure, must immediately notify the other Party. Parties are required to restore the proper execution of the Contract to the date of termination of force majeure.

6.9

With the loss of the Customer's data as a result of its fault or negligence of the restoration will be carried out at an additional cost - 50 $

Confidentiality deal

1

General statements.

1.1

Confidentiality deal determines the order of processing, obtaining, storage, usage and disclosure of the Customer's personal data which is obtained by LLC "ON-LINE" and/or IE Varshavskii Roman Viktorovich (further referred as BESTHOSTING), whose website is besthosting.ua, from the Customers according to the current Agreement, as well as public offer. This Confidentiality deal is an inalienable part of the Agreement according to which Besthosting's services are provided..

1.2

In order to obtain one or several services by BESTHOSTING, in particular, but not exceptionally: hosting service, registration, domain name, dedicated hosting, dedicated IP-address, web-pages allocation on the Internet, dedicated server, equipment access from the Internet network, equipment placement on the technical grounds of BESTHOSTING's data center, equipment access provisioned from the Internet network and other services, the Customer is obliged to confirm his full consent to the conditions of Confidentiality deal. The fact of obtaining services provided by BESTHOSTING means that you have confirmed your full consent to the conditions of the given Confidentiality deal.

1.3

The Customer hasn't the right to use Besthosting's services if they do not confirm their full consent to the conditions of the Confidentiality deal, or they haven't come of legal age when they have the right to conclude the Agreement with Besthosting, or they aren't authorized representatives of the company.

1.4

In case the Customer is served by Besthositing, the Customer gives their full consent to the conditions of the Confidentiality deal, and grants BESTHOSTING the right to obtain, store, process, use and disclose the Customer's personal data and/or authorized representative on the conditions of the Confidentiality deal.

1.5

The Confidentiality deal does not regulate, Besthosting does not hold responsibility for processing, obtaining, storage, usage and disclosure of the Customer's personal data to third parties that isn't owned or controlled by Besthosting, and individuals who aren't on Besthosting's staff, even though the Customer has obtained access to third parties' websites, goods and services with the help of the website besthosting.ua or e-mailing list.

1.6

The Customer admits that in case of their negligent attidute towards safety and personal data protection and login details, third parties can obtain unauthorized access to the account and the Customer's personal and other data. Besthosting is not liable for losses caused by such an unauthorized access.

2

Which personal data can be collected.

BESTHOSTING collects personal information, namely: name, surname, middle name, company's name, company details, contact phone numbers, e-mails, company's address. BESTHOSTING can collect other information as well:

- the Customer's IP-address;

- information about resource errors.

All the information is collected by BESTHOSTING "as it is" and it is not changed in the process of data collection.

3

Which information can be used by BESTHOSTING.

BESTHOSTING has the right to use the Customer's name, surname, middle name, e-mail. BESTHOSTING has the right to display the Customer's name, surname, middle name, company's name, company details, contact phone numbers, e-mails, company's address on besthosting.ua. BESTHOSTING has the right to use your contact information to process Besthosting e-mailing, namely, to notify the Customer about new possibilities, actions and other news of besthosting.ua. The Customer always can unsubscribe from the e-mailing list in the contact information section besthosting.ua/billing.php

4

Conditions of database access.

BESTHOSTING does not share personal data with third parties, except for the cases stated below. According to the Confidentiality deal the Customer grants BESTHOSTING the right to disclose the Customer's personal data to third parties that provide BESTHOSTING with services, in particular, but not exceptionally: processing payments, delivering parcels. Third parties can use the information intended for the Customer only in case they provide Besthosting with services and only the information that is needed for provisioned service. The disclosure of information without the Customer's or their authorized representative's consent is admissible in instances defined by law, and in the interest of national security, economical prosperity and human rights, in particular, but not exceptionally:

- by well-grounded inquiries of governmental bodies that have authority to call up and obtain such data;

- if in BESTHOSTING's opinion the Customer breaches the conditions of the Confidentiality deal and/or other contracts and agreements between BESTHOSTING and the Customer.

5

How to update/delete the Customer's personal information.

The Customer's personal data is kept for three years from the moment the Agreement is dissolved.

6

Contact business address in case of queries.

In case there are queries, wishes, complaints concerning information you provided, you should contact us by this e-mail: billing@besthosting.com.ua.

The Customer can be granted information about the location of a database by a written query or upon presenting a document that shows their identity and privileges.

7

Protection of collected information.

The Customer's personal data is kept for three years from the moment the Agreement is dissolved.

8

Amendments to the Confidentiality Deal.

We can propose amendments to the Confidentiality Deal. In that case we substitute a version on the TOS page http://www.besthosting.ua/en/rules.php. You should occasionally check the Confidentiality deal in order to be informed of how BESTHOSTING protects the Customer's personal data.

All the amendments come into effect from the moment they are published. While the Custmer's being served by BESTHOSTING the Customer confirms their full consent to the updated conditions of the Confidentiality Deal that has become effective at the moment of the Customer's servicing.

BESTHOSTING is not liable for any kind of losses or damages (underwent by him or the third party) as a result of a wrong interpretation or misunderstanding of the conditions of the Confidentiality Deal, tutorials or instructions on how to use the website, to place data and other technical questions.

9

Additional conditions.

If any statement of the Confidentiality Deal including any sentence, point or its part, are recognized as disputable by law, or nullified it does not influence other statements that do not contradict the law. They remain fully effective, and any nullified statement or point that cannot be realized without further actions of the parties are considered to be changed, amended to the extent it is necessary for its legal validity and implementation.

The Customer has the rights specified in the Ukrainian legislature "About Protection of Personal Data" dated from the 1st of June, 2010 N 2297-VI.

This Confidentiality Deal is effective immediately between the Customer and BESTHOSTING by using BESTHOSTING's services and remains valid until the Customer's personal data is kept.



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