Public Offer

The service "Hoster solutions", located at the domain name www.hoster.solutions, publishes a public offer for the sale and rental of products and services remotely.

BASIC PROVISIONS

This agreement ("Terms") is entered into between Hoster solutions, address: Box 2233/34, Suite 10/4, a18/15 Driftwood Bay, Belize City, Belize and You, and becomes effective from the date of your use of this website ("Site") or the date of electronic acceptance. This agreement establishes the general terms and conditions for your use of the Site, as well as products and services purchased or available through this Site (individually and together, "Services"), and are in addition to (and not instead of) any specific rules and conditions applicable to specific Services. Whether you browse or use this Site or purchase Services, products, your use of this Site and your electronic acceptance of these Terms means that you have read, understood, acknowledged and agreed to comply with these Terms.

The terms "we", "us" or "our" refer to the Site. The terms "You", "Your", "User" or "Client" refer to any individual or legal entity that accepts these Terms, has access to your account or uses Services, products. Nothing in these Terms should be construed as granting any rights or benefits to third parties. The Company may, at its sole and absolute discretion, change or modify these Terms, as well as any policies or conditions included in them, at any time, and such changes or modifications become effective immediately after publication on this Site. Your use of this Site or Services, products after such changes or modifications means your agreement with these Terms in their latest edition. If you do not agree to comply with these Terms in their latest edition, do not use (or continue to use) this Site or Services, products. Furthermore, the Company may periodically notify you of changes or modifications to these Terms by email. Therefore, it is very important that the information about your user account ("Account") is current. The Company assumes no obligations or responsibility for your failure to receive (for any reason) email notification.

1. DEFINITIONS

The following definitions are established and applied hereinafter:

Affiliate: Means, in relation to any organization, any other organization that (directly or indirectly) controls, is controlled by, or is under common control with such organization.

API: Means application programming interface (or similar technology) through which a Client can access or communicate with the site and/or equipment.

Bandwidth: Means the amount of data that is transferred from one point to another per second, expressed in bits per second (bps).

Base Power: Means the limit set for the Client's use of electricity based on the Service Specification, products and is measured in amperes.

Billing Cycle: Means the frequency with which the Company sends invoices to the Client under the contract.

Business Day: Means the period from Monday to Friday, excluding official public holidays.

Confidential Information: Means all information that is not publicly available, used in the contract or otherwise related to the contract, business or affairs of a Party or Affiliate of such Party and disclosed (whether in writing, orally or by any other means, directly or indirectly) by the Disclosing Party to the Receiving Party before or after the Contract Start Date.

Contract Review: Means notification to the Client from the Company by email, through the Customer Portal or otherwise, to notify the Client that the Client's Order has been officially accepted by the Company and thus formally constitutes a Contract. The contract review must specify the Services, products and/or equipment purchased or leased by the Client from the Company.

Contract Start Date: Means the date on which the contract becomes effective and the Contract Term begins.

Contract End Date: Means the agreed last date of the Contract Term, including any extensions.

Buyer: Means any legal or natural person entering into any purchase and sale agreement, order, offer, trial or beta testing regarding the services provided by the Company, products.

Client Balance: Means the credit balance applied to the Client's account and used as a credit balance for future invoices.

Customer Portal: Means the online services portal, products managed by the Company, identified by the Company, registered in accordance with the law.

Data Center: Means the data processing center from which or in which the Company provides Services, products.

Data Traffic: Means the amount of data that is transmitted to and from the Client's infrastructure and is measured in bytes.

Dedicated Equipment: Means Equipment that the Client leases from the Company from time to time in accordance with the Agreement.

Delivery Date: Means the date when the Company allows the Client to use the Services, products for the first time, or the date when the Company delivers Equipment to the Client leased or sold by the Company.

Disclosing Party: Means the Party that discloses Confidential Information to the Receiving Party.

Dispute: Means any claims, disagreements or disputes on matters of fact or law arising from these Terms and Conditions of Sale or the contract or related to them, or actions of any of the Parties under this Agreement, as well as regarding the threat, alleged or actual violation by any of the Parties.

Emergency: Means any situation that poses an immediate risk to: person or persons; data center; provision of one or more services, products; equipment; and/or provision of services, products of the Company to other clients.

End User: Means any Client or other user of the Client's services, products, as well as any other natural or (legal) person who gains access to the Services, products through the Client.

Equipment: Means any equipment, including but not limited to: computer equipment, telecommunications equipment, connection points, accessories, fixtures, modifications and spare parts for this equipment.

Fees: Means surcharges, service fees, products, costs, prices and expenses payable under the Contract by the Client to the Company for the provision of Services, products as well as those arising from the Client's use of Services, products including one-time fees specified in the Service Specification, products.

Force Majeure: Means any event beyond the reasonable control of a Party affecting its ability to perform any of its obligations (except for the Client's payment and financial obligations during the applicable Period) under the Agreement, including: natural disasters; terrorist acts; military actions; outbreak of hostilities; sabotage; civil unrest; actions or requirements of any (local) government or government agency; strikes or other labor unrest; fires; floods; earthquakes; storms; thunderstorms, any power outages in the Data Center; restrictions related to medical conditions (e.g., official viruses established by local authorities and/or medical authorities; pandemics); epidemics; material shortages; unavailability or delay in delivery, not resulting from untimely placement of orders by the responsible party; equipment failures; absence or delay in transportation; refusal of a third party to provide necessary permission to perform certain actions; actions or inactions of vendors or suppliers; changes in legislation or government policy; other unforeseen circumstances.

Fraud: Means false representation of fact by words or conduct, false or misleading statements or concealment of what should have been disclosed, which misleads and is intended to deceive another person, so that such person acts upon it or by his actions (inaction) causes him legal or other harm.

GDPR: Means Regulation 2016/679/EU of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.

Intellectual Property Rights: Means any patent, copyright, trademark, trade name, service mark, moral right, trade secret, know-how and any other intellectual property rights, whether registered or not or may be registered and exist in the country of the Company's principal place of business or in any other part of the world together.

Connection Point: Means a port on the Company's switch and/or router, and/or firewall, and/or load balancer located in the data center, and at this point responsibility for data flow transmission is transferred from the Company to the Client.

Invoice: Means a document presented to a client before or after delivery of goods or services, products for subsequent payment by the client, which may be canceled by credit note if it is incorrectly issued.

Maintenance: Means maintenance, repair, modifications or updates performed by the Company in the network from time to time.

Maintenance Window: Means the time frame during which the Company plans to perform Technical Maintenance.

Network: Means the telecommunications network that consists of all infrastructure equipment (i.e., equipment that supports the flow and processing of information, including storage, servers and network components) owned or leased by the Company at each active POP of the Company or subsidiary POP of the Company, power sources owned or controlled by the Company at each POP, and all telecommunications channels owned or leased by the Company between the Company's active entry points and the subsidiary Companies' active entry points. For the avoidance of doubt: The Network does not include equipment owned, leased or controlled by the Client, telecommunications circuits or networks (including, but not limited to, local access loops) between the Company and the Client's location.

Notice: Means a message from one Party to another Party by email or any other means, sent and received by the duly authorized representative of each of the Parties.

Order: Means a Client's request sent to the Company for certain Services, products through the Company's website, both pending and subject to acceptance by the Company for order confirmation.

Parties: Means the Company and the Client, each of which is a "Party".

Payment: Means the delivery of money or its equivalent in the form of certain property or services, products by the debtor to the creditor.

Payment Gateway: Means an electronic payment system or platform that allows the transfer and/or processing of Payment Instructions for the purpose of making electronic and/or online payments in real time, which may be specified by the Bank from time to time.

Personal Data: Means any information that relates to an identified or identifiable living person.

Policies: Means various types of documents applicable to the contract, including policies and guidelines applied by the Company in its relationship with the Client.

POP: Means "point of presence", that is, an Internet access point.

Receiving Party: Means the Party that has received or is receiving access to Confidential Information from the Disclosing Party.

Refund: Means the action of returning money by the party that received a certain amount of money to the party that paid it, in accordance with the terms established in the contract.

Services: Means services, products that the Company must provide to the Client in accordance with the Agreement and the terms specified in the Contract Review.

Service Specifications: Means the contract schedule in which the Company has outlined and specified the services, products offered by the Company, as well as the method of using these services, products, and this document may be amended from time to time.

SLA: Means a document in which the Company has specified the available Service Levels, and this document may be amended from time to time.

Test: Means test or tests conducted for the purpose of checking and ensuring proper Performance.

Ticket: Means a client's request to the service using a specific form on the website.

2. Right to Participate; Registration and Account Security

The Services, products are intended exclusively for users aged eighteen (18) years and older. Any registration, use or access to the Services, products by anyone under eighteen (18) years of age is unauthorized and violates these Terms. By registering or using the Services, you represent and warrant that you are eighteen (18) years of age or older.

If you use the Services, products on behalf of another party, company or other organization, you represent and warrant that you have the right to represent such party, company or organization with these Terms and to act on behalf of such party, company or organization with respect to any actions you take in connection with the Services, products.

You agree to provide accurate, current and complete information about yourself and your organization (if applicable) in accordance with registration form requests, maintain the confidentiality of your password and other information related to the security of your account; maintain and promptly update registration data and any other information you provide to the Company to maintain the accuracy, currency and completeness of such information, and bear full responsibility for any use of your account and any actions that are performed through your account.

You acknowledge and agree that, despite the security measures that the Company takes in connection with the provision of services, products, the Company's system and/or Client websites (as defined below) may nevertheless be compromised, including, without limitation, by hackers, internet viruses, worms or trojans, etc. Under such circumstances, the Company may take corrective actions that it deems necessary, at its own discretion, and you acknowledge and agree that the Company is not responsible to you for any damage or losses you may incur due to such corrective actions.

3. Dedicated Servers

The Company reserves the right to reset the password on the Dedicated Server if the password in the file is outdated, so that we can conduct security audits in accordance with our system operations and security requirements. You are required to ensure that there is a valid email address and current root password for your Dedicated Server to prevent downtime due to forced password reset. The Company reserves the right to audit servers as necessary and perform administrative actions at the request of our teams.

4. Company Content

Except for Client Content (as defined below), all content available through the provision of services, products including design, text, graphics, images, video, information, software, audio and other files, their selection and arrangement, and all software used to provide services, products (collectively referred to as "Company Content") are the property of the Company or its licensors. No Company Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, copied, displayed, published, transmitted, sold or used for any purpose in any form or by any means, in whole or in part, in any way, except as expressly permitted by these Terms. You have no right, directly or indirectly, to reverse engineer, decompile, disassemble or otherwise attempt to obtain the source code or other trade secrets from any Company Content. Any use of Company Content other than as specifically permitted herein is prohibited and automatically terminates your rights with respect to your use of the services, products and Company Content provided here. All rights of the Company or its licensors that are not expressly granted in these Terms are reserved by the Company and its licensors.

5. Client Content

You may upload, store, publish, display and distribute information, text, photos, videos, emails and other content in the Services or through them (collectively referred to as "Client Content"). Client Content includes any content posted by you and users of any of your websites hosted using the Services, products ("Client Websites"). You are solely responsible for any Client Content and any transactions or other actions conducted on Client websites or through them. By posting or distributing Client Content on the Services or through the Services, you represent and warrant to the Company that you have all necessary rights to publish or distribute such Client Content, and your publication or distribution of such Client Content does not violate the rights of any third party.

You acknowledge and agree that the Company may, but is not obligated to, monitor Client Content and may immediately take any corrective actions at the Company's sole discretion, including, without limitation, removal of all or part of Client Content, as well as suspension or termination of any and/or all Services, products without refund. You hereby agree that the Company is not responsible for any corrective actions that the Company may take, including, without limitation, suspension or termination of the provision of Services, products.

You hereby grant the Company, to the extent necessary for the provision of Services, products, a non-exclusive, free, right and license to use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute Client Content; make archival or backup copies of Client Content and Client website. Except for the rights expressly granted above, the Company does not acquire any rights, ownership or other interests in Client Content, all of which remain exclusively with you.

6. Disclaimer Regarding Payment Card Industry (PCI) Security Standard

The Company complies with the Payment Card Industry Security Standard ("PCI Standard") regarding the collection and processing of your data and payment information. However, you are solely responsible for the security of data and payment information that you collect on your Client website. The Company will not monitor Client websites for compliance, and therefore we cannot verify whether your Client website complies with the PCI standard.

7. Compliance with Applicable Law

You agree to comply with all applicable laws, rules and regulations, including, without limitation, local legislation in the country of your residence or in the country where your organization is located, regarding User Content, user websites, online activities, email and your use of the Services. In particular, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the country in which you reside. The Services are controlled and operated by us (we may transfer data to third parties to help us provide the Service, as further described in our Privacy Policy), and we make no representations that the Services are suitable or available for use in other locations. Those who access the Services, products from other locations do so at their own initiative and at their own risk and bear full responsibility for compliance with all applicable laws in those locations. We do not offer Services, products where prohibited by law.

For the purposes of European Directive 95/46/EC, General Data Protection Regulation 2016/679 ("GDPR") and any applicable national implementing laws in your jurisdiction, as well as with respect to personal data of your Clients or customers, you confirm and agree that you are the Controller (as this term is defined in the GDPR), and we are the Processor (as this term is defined in the GDPR) to the extent that you may store personal data through your use of our Services only in permitted cases and in accordance with the terms of these Agreements. You also acknowledge and agree that you are responsible for complying with all Controller obligations under applicable law (including GDPR).

To the extent that GDPR applies to you, you represent and warrant that when using our Services, you will clearly describe in writing how you plan to use any collected personal data, and you will ensure that you have a lawful legal basis for transferring such personal data to us and that you have the necessary permission allowing us to receive and process (e.g., store) such personal data on your behalf. Additional data processing terms set forth in the Privacy Terms apply if you are a Controller under GDPR.

8. Additional User Obligations

You will be solely responsible for all actions conducted on the Client website or through it, including any transactions or interactions with end users of the Client website. You will be solely responsible for providing such end users with any necessary disclosure or explanation of the various features of the Client website and any goods or services, products offered on it, as well as any terms of use and privacy policy for the Client website.

You undertake to fully cooperate with the Company in connection with the provision of services, products by the Company. You are solely responsible for providing any equipment or software that may be required for you to use the Services, products. Delays in your performance of your obligations under these Terms increase the time for the Company to perform its obligations, which depend on your work.

You are solely responsible for ensuring the compatibility of all Client Content and Client websites with the hardware and software used by the Company to provide the Services, products, and the Company may change this equipment and software from time to time at its own discretion.

You will make every effort to ensure that Client Content always remains free from computer viruses, worms, trojans and other malicious code.

You will not use the Services, products in any manner, as determined by the Company, at its own discretion, namely:

participating in or promoting illegal activities;
participating in or encouraging behavior that is discrediting, offensive, or otherwise undesirable;
violating intellectual property rights or other property rights of third parties;
violating the right to privacy or the right to publicity of any third party;
interfering with the operation of the Services;
violating the provisions and conditions of these Terms or any of the policies or Terms included in this document by reference or otherwise.

9. Third-Party Websites

The Services may contain links to other websites that are not owned or controlled by the Company ("Third-Party Sites"), as well as articles, photos, text, graphics, images, design, sound, video, information and other content or items belonging to third parties or originating from them ("Third-Party Content"). Such Third-Party Sites and Third-Party Content are not investigated, monitored or checked by us for accuracy, compliance or completeness, and we are not responsible for any Third-Party Sites accessed through the services, products or any Third-Party Content posted or available through the services, products including content, accuracy, offensiveness, opinions, reliability, privacy policy or other policies of Third-Party Sites or Third-Party Content. If you decide to access Third-Party Sites or use any Third-Party Content, you do so at your own risk, and our terms and policies do not apply. You should familiarize yourself with the applicable terms and policies, including privacy and data collection practices, of any site you visit.

10. Payment

Due fees. You undertake to pay the Company all fees for the Services, products specified to you when ordering the Services, products. All fees are non-refundable upon payment, unless otherwise provided for in this document.

US series servers must be paid 15 days before the end of the lease term, that is, upon invoicing. If the invoice is not paid, we reserve the right to issue a refusal for further extension in the data center.

VPS and servers of other (DE, UA, NL3) series must be paid before the end of the lease date.

Service invoices are issued 15 days before the end of the lease term and are paid automatically if there are sufficient funds in the balance. The invoice must be paid by the date specified in the invoice.

In case of non-payment, we suspend your servers/VPS in the following terms:

Disconnection of US servers - on the day of lease expiration, we recommend monitoring timely payment, as in case of late payment it will be impossible to restore server operation
Disconnection of DE, NL3 servers - after 72 hours, deletion if necessary after 24 hours after disconnection
VPS disconnection - after 3 days, deletion (without possibility of recovery) after 30 days or earlier if there is a need to free up resources

Late payment penalty - 10% of the server or VPS cost is charged after 15 days of delay.

We do not use a recurring payment system on our website.

In case of suspension of the provision of Services, products due to non-payment or delay in payment terms, all days during which the provision of Services was suspended are subject to payment.

11. Pricing

The Company may change its prices from time to time. The Company may increase the charge for Services, products as permitted in the relevant description of Services, products published on the Company's website or in the promotional offer (collectively referred to as "Service Description"), as well as at any time after the Initial Term or thereafter, by sending you written notice at least 30 (thirty) days in advance. Written notice may be in the form of notices and updates provided through the Customer Billing tool provided as part of the Services, products, notices and updates otherwise provided through the Services, products or price notices for renewal terms sent by email.

12. Taxes

The fees provided do not include any applicable sales, use, revenue, excise or other taxes levied by any tax authority on the services, products provided under this Agreement. All such taxes may be added to invoices by the Company as separate charges payable by you.

13. Additional Services

If you purchase certain additional services, products from the Company, such as domain privacy, SSL certificates or security services, you may need to apply a special service to a specific domain name to start using this service. The Company is not responsible if you do not apply the add-on to the domain name, and will not provide a refund for purchased but unused Services, products.

14. Disputes

You have four (4) hours to dispute any charge or payment processed by the Company. If you initiate a chargeback, a minimum fee plus applicable taxes may be charged for reactivating your account, and we reserve the right to suspend your account during the dispute. Hosting accounts with open disputes may be disabled for security purposes.

15. Fraud

Your use of improper credit cards, payment cards, electronic money transfers and/or electronic checks is a violation of these Terms. We may report all such abuse and fraudulent use (as we determine at our own discretion) to appropriate government and law enforcement agencies, credit reporting agencies, financial institutions and credit card issuing companies.

16. Termination and Non-Payment

16.1. Non-Payment

If you do not pay the fees due for the Services, products, we may suspend or terminate the provision of Services, products and pursue any collection costs incurred by the Company, including, without limitation, any arbitration and legal fees and reasonable attorney fees of the Company. If any check is returned for insufficient funds, the Company may impose a minimum processing fee plus any applicable taxes. Services will not be reactivated until all outstanding amounts are paid. We are not responsible for any deleted or lost Client Content as a result of suspension or termination of the provision of Services, products.

Dedicated servers: after payment of overdue payment for Dedicated servers, we do not automatically activate Dedicated servers. Contact the Company's technical support department to discuss options for reactivating the Dedicated server.

16.2. Termination Procedure

You may terminate the provision of Services, products that you have purchased at any time during the Term by creating an appropriate request to the technical support department. The cancellation request is subject to confirmation of account and/or domain ownership, as determined at the Company's sole discretion. In the event of such cancellation, you are required to pay all fees and payments accrued before such cancellation takes effect, according to the offer terms. After account deletion, all Client Content will be permanently deleted from the server. Please make a backup of all Client Content before contacting the Company and canceling your account.

16.3. Termination by Company

The Company may terminate your access to the Services, products in whole or in part, including the removal or confiscation of all files, content and/or domain name registrations, without notice in the event that: 1) You do not pay the Company any fees due under this Agreement, 2) You violate the terms and conditions of these Terms, your behavior may harm the Company or other persons, lead to the Company or other persons being held liable or disrupt the Company's business activities (as determined by the Company at its sole discretion), 3) You are offensive to the Company's staff or for any other legal reason, including in accordance with applicable law or otherwise specified in these Terms. In such case, the Company will not return to you any fees paid before such termination.

17. Service Modification

The Company reserves the right to change or terminate any aspect of the Services, products at any time.

18. Data Deletion

18.1. General Hosting Accounts

After termination of the provision of Services, products for any reason, Client Content, Client websites and other data will be deleted.

18.2. VPS and Dedicated Servers

We are not responsible for any consequences caused by blocking, deleting Client Content, Client websites from the Dedicated server or VPS in case of untimely payment. Blocking and deletion in such cases are the exclusive responsibility of the Client.

19. Refund Policy

All services, products are sold and provided "as is". You take responsibility for your purchase and no refunds will be possible.

If you have doubts, we recommend using the free trial period or consulting with specialists.

For some of our services, products we may offer an exchange. You can contact us within 4 hours of the purchase date if you want to exchange your purchase for a product of equal or lesser value. If you decide to exchange your purchase for an item of lesser value, a refund of the price difference is not possible. In case of early termination of the "VPS/VDS" service, Dedicated servers of the "NL3" series, a refund of the balance of paid funds is possible to the Client's personal account balance by agreement with the administration, while the cost of installing the operating system in the amount established at the time of the incident will be deducted from the refund amount. In addition, the cost of software licenses will be deducted from the refund amount.

19.1. Client Balance Refund

A refund from the personal account balance is not possible. The balance can only be used to pay for our services, products.

20. Third-Party Services

The Company is a reseller or licensor of certain third-party products and services (collectively referred to as "Third-Party Services"), including, without limitation, those sold through the Company. Your purchase and use of Third-Party Services are generally governed by the applicable terms and conditions of third parties. The Company is not responsible for any changes in the Services that lead to the obsolescence of any Third-Party Services, require modification or changes or otherwise affect the performance of such Third-Party Services. Any malfunction or defects of the manufacturer of Third-Party Services sold, licensed or provided by the Company to you or purchased directly by you and used in connection with the Services, products will not be considered a breach of the Company's obligations under these Terms. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Third-Party Services are limited to those rights that are granted to you by the manufacturer of such Third-Party Services. You have the right to use third-party services, products provided by the Company only in connection with your permitted use of the Services, products unless otherwise expressly provided. Performance or compliance of any Third-Party Services is limited to those rights that have been granted to you by the manufacturer of such Third-Party Services. You have the right to use third-party services, products provided by the Company only in connection with your permitted use of the Services, products unless otherwise expressly provided. Performance or compliance of any Third-Party Services is limited to those rights that have been granted to you by the manufacturer of such Third-Party Services.

21. IP Address Ownership

If the Company assigns you an Internet Protocol address ("IP") for your use, you have no right to use this IP address except as permitted by the Company at its sole discretion in connection with the services provided, products during the Term of provision of services, products. The Company retains ownership of all IP addresses assigned to you by the Company, and the Company reserves the right to change or delete any and all such IP addresses at its sole discretion.

22. Resource Usage

The use of Dedicated servers and VPS/VDS is limited to the resources allocated for the specific tariff that you have purchased.

22.1. Acceptable Use Policy

Hosting space is intended for use in accordance with the Company's Acceptable Use Policy and is limited to web files, active email and content of hosted Client websites, and not for storage (whether media, emails or other data). Hosting space also cannot be used as external storage for electronic files, email or FTP nodes. The Company expressly reserves the right to check each user account for excessive use of CPU, bandwidth, disk space and other resources that may result from your violation of these Terms or the Acceptable Use Policy. The Company may at its sole discretion terminate access to the Services, products, apply additional charges or remove Client Content for those Client accounts that have been found to violate the Company's policies.

22.2. Unlimited File Transfer

The Company does not set arbitrary limits on the amount of visitor traffic (except for traffic limitation conditions in individual tariffs) that a Client website can receive, or on the amount of content that a Client can upload to Client websites in any particular month. In most cases, Client websites will be able to support as much traffic as the Client can legally receive. However, the Company reserves the right to limit processor time, bandwidth, processes or memory in cases where it is necessary to prevent negative impact on other Clients.

23. Reseller Program

In addition to all provisions and conditions described in this Agreement, the following provisions apply to Clients participating in the Company's reseller program ("Reseller"), including VPS and Dedicated server clients who use their account to provide reseller services, products:
The Reseller must guarantee that each Client registered by the Reseller complies with the provisions and conditions of these Terms.
The Reseller cannot make any changes to these Terms. Any such changes will be considered a violation of these Terms and may result in the cancellation of Reseller accounts. The Company is not responsible for any changes made by the Reseller to these Terms.
In the event that it is established that a Client registered by the Reseller violates these Terms, the Reseller, upon receiving notice of the violation, must take immediate measures to ensure that the relevant account is updated to ensure full compliance with these Terms. In addition, the Company at its sole discretion reserves the right to take action directly if the Reseller does not do so.
The Company is not responsible for the actions or inactions of Resellers. The Reseller hereby agrees to release the Company from any claims by any Client or third party arising from the actions or inactions of the Reseller.
The Company reserves the right to revise its reseller program at any time. Changes will take effect after publication on the Internet or on any date specified in the notice provided by us.
Resellers assume full responsibility for billing and technical support of each of the Clients signed up by the Reseller. The Company reserves the right to reject customer support requests from Clients signed up by the Reseller.

24. Technical Support Services

Technical support is provided in accordance with the Service Level Agreement and Server Administration Regulations.

25. Refusal to Provide Technical Support Service

The Company will not provide Technical Support Services if:

You violate these Terms;
The need for Technical Support Services is related to any modifications or attempts to modify the Services, products by you or any third party outside the Company's control, as well as your failed attempt or refusal to implement changes recommended by the Company;
Or you in any way offend our employees.

Standard administration applies only to servers with an installed control panel (ispmanager/DirectAdmin/VestaCP/CPanel) that was installed and configured by specialists of our company. Otherwise, we may refuse to resolve problems.

Standard administration is a free addition to server and VPS rental services, and is carried out in accordance with the regulations. If you are not satisfied with the quality of the services provided for standard administration, you can contact other specialists or use paid services.

Our company does not perform work that leads to changes in the standard functioning of the control panel (custom web server settings, custom virtual host templates, etc.). This can lead to irreversible consequences. We also have the right to refuse to administer a server on which such settings have already been made (it is technically impossible to guarantee the correct operation of such a server).

25.1. VPS and Dedicated Servers

The Company will ensure the installation of the default operating system on the Dedicated server equipment, which will allow the server to gain access to our support staff. The Client agrees and acknowledges that if the Client changes or removes this access to the server, the Company's ability to provide technical support to the Client may be severely limited.

26. Limitation of Liability Disclaimer

You acknowledge and agree that you use the Services, including any information or content obtained through the Services, at your own risk. You also acknowledge and agree that the Company does not control and is not responsible for the content of information passing through the Company's hosts, network hubs and points of presence or the Internet.

27. Limited Warranty

THE SERVICES PROVIDED UNDER THESE TERMS ARE PROVIDED AS IS. THE COMPANY AND ITS AFFILIATED COMPANIES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, "COMPANY PARTIES") DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR UNLIMITED CONDITIONS OF WARRANTY OR UNLIMITED MERCHANTABILITY, FOR THE SERVICES PROVIDED, PRODUCTS. THE COMPANY PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES, PRODUCTS WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE; REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, PRODUCTS; OR REGARDING THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES, PRODUCTS. THE COMPANY PARTIES ARE NOT LIABLE AND EXPRESSLY DISCLAIM ANY LIABILITY REGARDING THE CONTENT OF ANY DATA TRANSMITTED BY OR FROM CLIENTS, OR STORED BY CLIENTS. NO ADVICE OR INFORMATION PROVIDED BY THE COMPANY OR REPRESENTATIVES OF THE COMPANY, INCLUDING, WITHOUT LIMITATION, SUPPORT REPRESENTATIVES, CREATES WARRANTIES. THE COMPANY DOES NOT GUARANTEE THAT CLIENTS WILL USE THE SERVICES, PRODUCTS PROPERLY BY THEIR CHOICE. THE COMPANY DOES NOT GUARANTEE COMPATIBILITY OF THE SERVICES, PRODUCTS WITH ANY THIRD-PARTY SERVICES OR SOFTWARE, EVEN IF SUCH CLAIMS, STATEMENTS OR WARRANTIES THAT SUCH SERVICES, PRODUCTS OR SOFTWARE ARE COMPATIBLE WITH ANY SERVICES OR SOLUTIONS. THE TERMS OF THIS SECTION APPLY UPON ANY TERMINATION OF THESE TERMS.

28. Limitation of Liability

THE COMPANY IS NOT LIABLE FOR FAILURE OR DELAY IN PERFORMANCE OF OBLIGATIONS FOR ANY REASON. UNDER NO CIRCUMSTANCES SHALL THE COMPANY PARTIES BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY INDIRECT, DIRECT, INCIDENTAL, SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA, OBTAINED ACCORDING TO YOUR SERVICES, PRODUCTS EVEN IF THE COMPANY KNEW OR WAS WARNED OF THE POSSIBILITY OF SUCH DAMAGE.

29. Indemnification

You agree to release, defend and secure the Company Parties from any claims, damages, liabilities, lawsuits, actions, demands, legal proceedings (legal or administrative) and expenses (including, but not limited to, reasonable attorney fees) that a third party asserts or files a lawsuit against any of the Company Parties arising from or in connection with your use of the Services, products, any violation by you of these Terms; or any of your actions or inactions, except where any of the foregoing is a direct result of the Company's gross negligence or intentional misconduct. The terms of this section remain in force after termination of these Terms.

30. Enforcement and Arbitration

Enforcement; Jurisdiction. Any disputes or claims arising from or in connection with these Terms, the formation of these Terms or the breach of these Terms, including any claims based on or arising from an alleged tort, are governed by law. Any lawsuit or legal proceeding regarding these Terms must be filed in the court at the defendant's location. You unconditionally agree to the exclusive jurisdiction of such courts (and the corresponding appellate courts therefrom) in any such lawsuit or legal proceeding and irrevocably waive, to the maximum extent permitted by applicable law, any objections that you may have now or in the future.

If you initiate legal proceedings or any other legal proceeding against the Company in violation of this section, you agree to pay the reasonable fees of the Company's legal representatives incurred in connection with compliance with this section.

The Parties must maintain the confidential nature of the arbitration proceedings and any decision, including the hearing, except where it may be necessary to prepare or conduct an arbitration hearing on the merits, or except where it may be necessary in connection with filing an application in court for dispute resolution.

ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS THAT NEITHER YOU NOR THE COMPANY CAN JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION WITH OTHER CLIENTS OR IN COURT.

In addition, you agree that the arbitrator cannot combine proceedings or claims of more than one person and cannot otherwise preside over any form of representative or group proceedings, and that if this specific provision is found to be legally invalid, then this arbitration provision is void. The arbitrator may issue an injunction only in favor of the individual party seeking judicial relief, and only to the extent necessary to provide judicial relief warranted by that party's individual claim.

31. Final Provisions

31.1. Independent Contractors

The Company and the Client are independent contractors, and no provision of these Terms places the Company and the Client in the relationship of principal and agent, partners or joint ventures. Neither party has, directly or indirectly, or may represent itself as having any authority to enter into contracts or enter into any Terms on behalf of the other party, or obligate or bind the other party in any way.

31.2. Completeness of Terms

These Terms, including documents included in this Agreement by reference (if any), supersede all previous discussions, negotiations and Terms between the parties regarding the subject matter of this Agreement, and these Terms represent the sole and complete Terms between the parties regarding the matters addressed in this document.

31.3. Severability

If any provision or part of any provision of these Terms is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the parties intend that the remaining provisions or parts thereof (unless otherwise stated) remain in full force.

31.4. Waiver

No failure or delay by any party to this Agreement in exercising any right or remedy under this Agreement will act as a waiver thereof, nor will any single or partial exercise of any right or remedy by any party prevent any other or further exercise thereof or the exercise of any other rights or remedies. No express waiver or consent by any party to any breach or non-performance of any provision or condition of these Terms means a waiver or consent to any subsequent breach or non-performance of the same or any other condition or provision of this Agreement.

31.5. Successors

You may not assign or transfer these Terms or any of its rights or obligations thereunder without the prior written consent of the Company. Any attempt to assign in violation of the foregoing provision is void and has no effect. The Company may transfer its rights and obligations under these Terms and may engage subcontractors or agents to perform its obligations and exercise its rights under this Agreement without your consent. These Terms are binding and effective for the benefit of the parties to this Agreement, their respective permitted successors.

31.6. Force Majeure

Neither party shall be liable for failure or delay in the Performance of any of its obligations under these Terms (except for non-payment on time), if such non-performance or delay is caused, directly or indirectly, by forces beyond the reasonable control of such party, including, in addition to the foregoing, fire, flood, natural disasters, labor disputes, problems with epidemics and pandemics or other environmental events, military actions or terrorism, disruptions in transportation or communications, shortage of supplies or non-performance by any third party of any obligations regarding the production or delivery of any equipment or materials necessary for such party to Perform its obligations under this Agreement.

31.7. Third-Party Beneficiaries

Except where otherwise expressly provided in these Terms, nothing in these Terms is intended, and nothing in this document may be construed as granting any rights to any person other than the parties and their respective successors and permitted successors. Notwithstanding the foregoing, you acknowledge and agree that any third-party product or service provider who is designated as a third-party beneficiary in the Service description is an intended third-party beneficiary of the provisions set forth in these Terms, insofar as they relate specifically to its products or services and has the right to directly apply the terms and conditions of these Terms regarding its products or services against you, as if it were a party to these Terms.