Service and Usage Agreement

This Agreement is a Public Agreement in accordance with Art. 633 of the Civil Code of Ukraine and has the appropriate legal force.

In accordance with Art. 642 of the Civil Code of Ukraine, the full and unconditional acceptance of the terms of this Agreement (Public Agreement) is the implementation by an individual, legal entity, private entrepreneur (hereinafter referred to as the Customer) of payment in payment for the services of Hosting provider MIG Hosting (hereinafter referred to as the Contractor  ) .

The use of our services implies the consent of the person purchasing the services to the rules and other terms of cooperation set forth in this document at the time of the provision of the service.

(1)  Hosting provider MIG Hosting, contractor on the one hand;

(2)  Service User, any legal or natural person, hereinafter referred to as  the Customer , on the other hand;

Hereinafter, the Contractor and the Customer, respectively, collectively referred to as the Parties, agree to the terms of this Agreement, namely:

1  Subject of the Agreement

1.1  Under this Agreement, the Contractor undertakes to place the Customer's web page on the Internet for a certain tariff plan, and the Customer undertakes to accept and pay for these services.

2  Terms of the Agreement

2.1  Within 1 (one) working day after receipt of payment for the order, the Contractor installs and configures the virtual web server and provides the Customer with the necessary information to administer the virtual web server.

2.2  The Contractor provides Internet access to the Customer's virtual web server around the clock, seven days a week.

3  Prices and payment procedure

3.1  In the absence of payment for the renewal of the hosting service, your account is blocked. The resumption of the account is possible only after the repayment of the debt.

3.2  Failure to pay for hosting renewal within 15 (fifteen) calendar days from the expiration date of this service gives the Contractor the right to terminate the Agreement with further deletion of all Customer data stored on the server. The customer has the right to contact the Contractor for a backup copy of the site. The backup copy is kept for 5 (five) days after the account is deleted.

3.3  If the quality of the service provided by the Contractor does not meet the Customer's requests, the Customer has the right, within 14 calendar days from the date of commencement of the provision of services, to refuse the services provided and receive the entire payment amount back.

4  Rights and obligations of the Customer

4.1  The Contractor provides a complete set of information necessary for placing the Customer's website on the Internet. In this case, the Customer must have the minimum knowledge necessary to manage the account. The Contractor does not undertake the obligation to train the Customer or provide him with technical information, except for that which is directly related to the specific features of these services.

4.2  The Customer is obliged to use the Internet only in a legal manner, adhering to the rules and regulations for the use of data transmission networks, and is responsible for their non-compliance in accordance with the current legislation of Ukraine.

4.3  The Customer is solely responsible for the loss of any kind incurred by him or a third party in the course of the Customer's incorrect use of the Contractor's services.

4.4  The Customer undertakes to pay for the services of the Contractor in a timely manner at the established rates and within the time limits specified by the Contractor.

4.5  Responsibility for the loss of the login and / or password, which may be the reason for the acquisition of the account by other persons, and, as a result, the change and / or deletion of information in whole or in part on this account, is borne by the Customer.

5  Rights and obligations of the Contractor

5.1  In case of lack of access to the Customer's web server due to the fault of the Contractor, the latter undertakes to compensate for the free extension of services for the period of lack of access to the web server.

5.2  The Contractor undertakes to provide a complete backup of the Customer's data. If the Customer's data is lost due to the fault of the Contractor, the latter undertakes to restore them from the latest backup copy that is available.

5.3  The Contractor reserves the right to change the IP address allocated to the Customer, DNS, Transfer to another server - if this is due to technical necessity. If the Customer uses the Contractor's DNS server, this change will occur imperceptibly to the Customer.

5.4  The Contractor reserves the right to suspend the Customer's service or terminate the contract unconditionally in the following cases:

1. placement on a virtual web server of information that offends the honor and dignity of other people;
2. placement of pornography on a virtual WEB-server in Ukraine. Erotic content is allowed on  US servers ;
3. placement on a virtual web-server of information that is contrary to the legislation of Ukraine;
4. icmp flood; sending spam; mass mailings via e-mail, as well as ICQ, IRC environments;
5. It is forbidden to place  TORRENT TRACKERS  on servers in  Ukraine ;
6. IT IS FORBIDDEN TO PLACE SITES OF A SEPARATIST NATURE (calling for a split in territorial integrity)  . 110 of the CRIMINAL CODE OF UKRAINE  -  Encroachment on the territorial integrity and inviolability of Ukraine ;

5.5  Hosting provider MIG Hosting has the right to suspend the provision of services for the following reasons:

1. advertising their web pages by sending spam;
2. any support for spamming, hacking, cracking and other illegal activities on the Internet.

5.6  The Contractor has the right to suspend the provision of services if the representatives of the Contractor classify any actions carried out or performed by the Customer, or third parties through the services provided by the Contractor under this Agreement, as such that cause or are capable of harming the Contractor, or other customers, or the normal functioning of the server , on which the Customer's account is located, namely, the actions are caused by:

1. Destabilization of the server by running malicious scripts;
2. Abnormal network activity.
3. A constant load on the processor that can destabilize the server.

6  Liability of the Parties

6.1  The Contractor shall not be liable to the Customer or third parties for any damage, loss and / or lost profits resulting from:

1. failures or damage to technical equipment;
2. problems / delays / interruptions / gaps in data transmission or connection;
3. software errors;
4. force majeure (Such circumstances include: fire, flood, earthquake, tsunami, tornado, hurricane, typhoon, landslides, salt flows, snow avalanches, volcanic eruptions and other natural disasters, wars, revolutions, coup d'état, strikes)

6.2  The Contractor is not responsible for the content of the information posted by the Customer.

6.3  The Contractor is not responsible for the delay or loss of incoming or outgoing e-mail of the Customer in the event.

6.4  Upon termination of the Agreement due to non-compliance with clauses. 5.4 - 5.5 and / or in the case of establishing the fact of illegal actions, in particular, those provided for in paragraphs. 5.6 the unused part of the funds is not returned to the Customer.

Domain names

1.1  The Contractor assists in the registration of a domain name in accordance with the rules of the domain zone.

1.  When assisting the Customer in registering a domain name, the Contractor shall not be liable for possible delays in registration associated with the technological features of the work of an administrator who registers domain names. Also, the Contractor is not responsible for the refusal of the organization that registers to register a domain for any reason that does not contradict its internal Regulations.

1.3  A new domain name is registered if all the necessary conditions, rules and regulations for its registration are met, in particular:

• at the time of registration, such a domain name is free;
• generally accepted moral and ethical standards are not violated when registering such a name;
• the application contains complete and correct information required for registration;
• the rules of this domain zone are observed;

1.4  The rights to a domain name (names), which is (are) being registered, are transferred to the Customer for the entire term of the Agreement, subject to payment of the appropriate fee.

1.5  The Customer guarantees that at the time of signing the Agreement, according to the information provided by him, neither the registration of the domain name nor the procedure for its use violate the intellectual property rights of third parties.

1.6  For the registered domain (domains) under this Agreement, the return of funds does not occur in any case.

1.7  The Customer agrees to the consideration of any disputes that arise regarding domain names.

1.8  The CONTRACTOR has the right to refuse to register any domain name to the Customer or cancel an already registered domain name if: the domain name contains profanity words, is used in spam or in immoral or illegal activities, etc. In this case, the funds paid are not returned, but may be transferred to another type of service (delegation of another domain name, etc.) in accordance with the current rates.

1.9  CONTRACTOR The domain zone administrator and the Registry Operator are not responsible for the consequences of the use or non-use or misuse of domain names by the Customer. Domain zone administrator The Registry Operator and the CONTRACTOR cannot be involved in litigation regarding domain names.