Hosting Agreement

Rules for the provision of hosting services.
This Hosting Agreement (hereinafter referred to as "Agreement") sets forth the terms and conditions of hosting service provision by LLC "Aviti" (hereinafter referred to as "Contractor") to the customer (hereinafter referred to as "Customer"). This agreement is public offer agreement and has full force and effect.
1. Hosting services must be used only for legitimate purposes.
1.1 Unlawful actions include, but are not limited to, distribution of viruses or other harmful components, drugs, attempting to gain unauthorized access to computer systems, piracy (distribution of protected copyrighted material in violation of copyright), gambling, fraud schemes, distribution of unsolicited advertising and spam information, use of incorrect or non-existent return address in e-mail, as well as any inappropriate actions that might lead to a breach of the rights of third parties. Inappropriate actions shall be understood to mean distribution of personal information about a person without his/her consent, violation of intellectual property rights, libel on the natural or legal person or any other actions violating the current legislation of Ukraine.
1.2 The Contractor may refuse to provide services to the Customer in case when the Customer's website produces a significant load on the server, thereby causing damage to other websites on the server.
1.3 Pornography, any sex-related and crack/hack materials shall be prohibited to be displayed.
1.4 It shall be prohibited to use hosting for torrent trackers, free/paid email service with organization of interface of mailbox registration directly on the site.
1.5 It shall be prohibited to install software that originates external connections, such as IRC or proxy servers;
1.6 It shall be prohibited to take actions aimed at functioning failure of the Internet network elements (computers, other hardware or software), attempting to gain unauthorized access to the resources of the Internet and future use of such access, as well as the destruction or modification of software and data, not belonging to the user, without the consent of the owner of this software or data or the administrator of this resource.
1.7 It shall be prohibited to take actions on transferring to computers or equipment of third parties senseless or useless information, creating unnecessary (parasite) load on these computers or equipment, as well as on the intermediate network sections, in extent exceeding the necessary minimum for verification of connectivity of networks and accessibility of its separate elements.
1.8 It shall be prohibited to take actions on network node's scanning to identify internal structure of networks, security vulnerabilities, lists of open ports, etc, without the explicit consent of the owner of the resource.
2. Provision of information security and data integrity.
2.1 The Contractor provides basic information security of servers and resources of the Customer within the range defined by the usual terms, except as otherwise provided herein.
2.2 The Contractor shall not be liable for the possible theft of passwords of the Customer, but shall perform fast change of passwords at the Customer's request. In case of loss/theft of the parameters of access to account management control panel, they shall be recovered by the Contractor on the basis of "first-come-first-served" email processing by sending request by the Customer from contact email. In case of the absence of access to the control panel and contact email, the request shall be submitted in a written form. For organizations - on the company's letterhead, with outgoing number, date, stamp and signature of the head officer; for legal persons - with a copy of passport, date and signature. Request can be sent by fax, and then by mail or it can be delivered directly to the Contractor's office. In case of doubt as to the authenticity of the documents, the contractor reserves the right to require additional documents identifying the applicant.
2.3 The Contractor shall provide backup of the Customer's static information that is available on the resources of the Customer, on its own schedule, except as such timetable and procedure of creating backups provided herein. Email messages and log files shall not be backed up.
2.4 In cases of information loss caused by the Contractor, it shall take all necessary measures for quick data recovery.
2.5 In case of data loss caused by the actions of the Customer, data recovery shall be made by e-mail to, with requests processing on the "first-come-first-served" basis.
2.6 In case of any domain status change on the account (adding, removing, transferring), mail of this domain will be deleted automatically.
2.7 The following constrains are imposed on the use of the Contractor's system resources To use the resources of the Executive is subject to the following restrictions: Maximum mailbox size - 200 MB;
Maximum number of hits to your mailbox via POP3-10 times per minute;
Mail receipt for non-existent mailboxes (forwarding to postmaster mailbox) is automatically terminated on incoming of more than 100 emails per hour;
Mail limit for one domain - 240 emails per hour;
Maximum server load - not more than 5 pct.
Maximum number of simultaneous connections to the mail system from a single IP address - 15.
Maximum simultaneous load on CPU: 50 pct. of CPU core
Maximum simultaneous use of RAM: 512 MB
Maximum duration of request to MySQL: 30 seconds, MySQL
Maximum number of operations with HDD: 20 operations/sec
Maximum number of simultaneous processing of requests: 10
In case of exceeding the listed limits on the use of resources by the Customer, the Contractor may discontinue the provision of the services to the Customer till the removal of the causes that overload the system.

Exceeding these limits causes the system overload and leads to degradation of the shared hosting service. In case of over limit, the Customer shall be obliged to take measures to optimize the website (resource) that produces load.
2.8. The Contractor shall have the right to unilateral change the restrictions listed in Cl. 2.7 of the present Annexion, in order to improve the system performance in general and improve the quality of provided services.
3. Terms of repayment for hosting services
3.1 The Customer may request refund of paid funds if:
Hosting parameters are inconsistent with the stated on the website as from the date of the order.
Hosting server is not available for more than 48 hours.
3.2. The Contractor shall not return the funds if:
Requested refund is "not motivated" (for example, the Customer without convincing reasons decided to refuse the paid hosting tariff).
The customer violated the Terms and conditions outlined in this Agreement.
3.3 In case the refund is possible and is without prejudice to the Terms and conditions, the Customer shall write a request from email for which hosting tariff is activated. The Contractor shall refund the paid funds, less and except used ones, within 10 working days.
4. Rules and Regulations of support service
4.1 Technical service shall manage and control the work of the technical equipment and system software, provide qualified service to the Customer within the limits defined in this Agreement, as well as processing the following Customer's requests:
requests for changes in configuration files when such changes may not be performed by the Customer, as well as the standard software installation, in case of its absence on the server. localization and resolution of problems related to the services provided under agreement.
4.2 Email processing on all issues is carried out on weekdays, from 9.00 to 18.00.
4.3 Change of the account's ownership is carried out on the basis of a written application of due form from the current account owner. Natural persons shall send a copy of the passport in the letter. Any other actions related to the change of the Customer's data (affecting the Customer's files or his/her data in the database of the Contractor) should be made only upon receipt of the application from the contact address or from your control panel account.
4.4 The customer may contact the technical support service by phone to receive oral replies, but any data modifications are performed ONLY on receiving a request from the contact address or from the service control panel.
4.5 Requests by other mediums (such as ICQ) are not official. ICQ and similar means of communication are considered only as a means of personal communication.
4.6 Technical support shall not be obliged to provide consulting on the issue of programming, Web design, settings of the Customer's programs and scripts and on other similar issues. Such consultations may be provided by additional agreement or individual initiative of the employee.

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