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Contract / Offer

Service Agreement

It is forbidden to host on a hosting / domain:




1.1 Conflict with the laws of Ukraine, the Russian Federation and other countries bordering the listed countries by publishing materials that are prohibited in them.
1.2 The Customer has no right to place spam on the site, programs that generate spam or send it, including IRC. On the hosting it is forbidden to host sites advertised with the help of spam or “black PR”.
1.3 It is forbidden to distribute or host malware, viruses, and other malicious software.
1.3.1 It is forbidden to run any resource programs, proxy servers, bot-scripts, attack scripts on the hosting.
1.4 The Customer is prohibited to use software that may cause server overload.
The user is given processor time (CP) for the execution of his scripts. Statistical load (cp) on server processes created by the user’s processes per day should not exceed:
A) For the AAA tariff plan - 1000cp seconds on a MySQL server or 55 sec minutes for PHP.
B) For ИИИИ tariff plan - 1000cp seconds on a MySQL server or 65cp minutes for PHP execution.
1.4.1 Regardless of the hosting tariff plan, it is forbidden to run more than 25 PHP processes running simultaneously.
If the restriction is violated, the Contractor may suspend the use of the account by the Customer without warning. The provision of services will be resumed after finding out the reasons for the violation of this clause of the agreement.
1.4.2 If the Customer exceeds the permissible rate of load on the server, the Contractor may:
A) Send a notification about the need to reduce server load. The notification is sent at non-critical overload.
B) With a critical load, access to the Customer’s account is automatically blocked by the system. Access will be resumed after the Customer finds out the reason for the overload and lowers it.
C) If it is impossible to reduce the load, the Contractor has the right to refuse to provide services to the Customer.
1.5 It is forbidden to use scripts that download files from file sharing sites, for example, Rapida, DepositFiles, Torrent, and the like.
1.51 It is forbidden to turn a hosting account into a file sharing service or to distribute files from a hosting in large quantities.
1.6 Placing pornography in any kind or form is strictly prohibited.
1.7 For violation of copyright and / or related rights, fraud, fake, phishing on the account, the Customer’s account will be blocked without warning until the reasons for the violation are identified.
1.8 The placement of materials protected by copyright is prohibited. The use and distribution of materials that contribute to copyright infringement is also prohibited. Any manifestation of piracy may lead to blocking of the Customer’s account.
1.9 It is forbidden to create a proxy server from the Customer’s hosting account.
1.10 Hacking programs, selling hacked accounts, credit card numbers or other illegal content, as well as hosting a site or forum related to hacking are Forbidden.
1.11 It is forbidden to post "doorways" and other forms of search engine spam, mass redirects or short link services.
1.12 Sites advertising, promoting or relating to financial pyramids, mutual assistance cash registers, MMM, MLM, gambling, casinos, investment projects, betting activities, lotteries and HYIV are prohibited to be placed.
1.13 Advertising or selling seeds of plants and products related to pharmacology is prohibited
1.14 Information of an extremist nature, calling or campaigning for a violation of the rule of law, slander or insults of citizens on the website of the Customer is prohibited.

Rights and obligations of the parties:




2.1 With this agreement, the Contractor confirms his responsibility for placing the Customer’s website on the Internet. The customer confirms the obligation to accept this agreement and pay for the services of the Contractor.
2.2 Responsibility for the data, information, advertising and all content of the Customer’s site lies entirely with the Customer. The Contractor is not responsible for the content of the Customer site.
2.3 The Contractor has the right to terminate the provision of services to the Customer in case of late payment.
2.4 At the request of the Customer, the amount on the invoice for hosting services will be returned to the Customer, regardless of the period of using the hosting. At the request of the Customer, the amount will be credited to any of the wallets: Yandex.Money, WebMoney or QIWI. The customer should take into account that when placing an order from an affiliate link, the affiliate interest will be deducted from the refund amount. Affiliate interest ranges from 20% to 50%.
2.5 The Contractor does not return a fee for the registration of a domain name, a dedicated server, vds. After domain registration is completed, it is impossible to remove it or return money for a domain name.
2.6 In the event that the Customer violates this contract, the funds for the payment of services will not be refunded.
2.7 The losses of the Customer are not compensated by the Contractor under any circumstances, except for the case when the Contractor, in good faith and on his own initiative, decides to pay damages.
2.8 The Customer has a disk quota corresponding to his tariff plan. If the quota is violated, the Contractor sends a warning to the Customer. The Customer undertakes to change the tariff plan within 24 hours after receiving the warning or free up disk space up to the allowable amount.
2.9 The minimum tariff plan limits the sending of letters per day to 300. The Customer can switch to the tariff plan above the minimum and further discuss the limit for sending letters to the Contractor.
2.10 By concluding this agreement, the Customer confirms his consent to the collection and processing of personal data by the Contractor. Before the Customer confirms agreement, he needs to familiarize himself with the Contractor’s “Privacy Policy”. It can be done by clicking on the link https://hostka.net/privacy-policy.html.
2.11 In case of breach of contract and account blocking, the Customer may contact the Contractor with a request to resume work. The resumption of work is charged an additional fee in the amount of from 2 USD to 50 USD.
2.12 If necessary, the Customer must provide the Contractor with documents identifying the Customer.
2.13 Making false data or specifying an invalid mailbox by the Customer entails a refusal to provide services by the Contractor, and also deprives the Customer of the opportunity to return the prepayment or regain access to the account.
2.14 The Customer can recover the answer to the secret question or access to the account, only on the WMID in the WebMoney system (if the first payment for services was made from it) or by sending to the contact email of the Contractor a document identifying the Customer. The document should be sent from the contact email specified during registration of the order.
2.15 The minimum period for extending the provided hosting services is 1 calendar month, taking into account weekends and holidays.
2.16 Payment partners may charge an additional fee when paying for services. Commission is from 0.5% to ~ 9% of the amount. Commission depends on the method of payment.
2.17 The use of obscene expressions, abuse, insults when contacting customer support is regarded as a gross violation of the rules of the agreement and entails blocking the Customer’s account and termination of the provision of services.
2.18 Amendments and updates to this contract are the prerogative and right of the Contractor.
2.19 The rights and obligations of domain registrants can be found in detail by clicking on https://www.icann.org/resources/pages/responsibilities-2014-03-14.
2.20 By concluding this agreement, the Customer confirms his consent to the collection and processing of personal data by the Contractor. Before the Customer confirms agreement, he needs to familiarize himself with the Contractor’s “Privacy Policy”. It can be done by clicking on the link https://hostka.net/privacy-policy.html.
2.21 This clause of the agreement confirms that the Customer and the Contractor have reached an agreement on all major issues and conditions of cooperation.

Affiliate Program:




3.0 After paying for the hosting services, the Customer is awarded a partner reward in the amount of from 20% to 50% of the cost of hosting.
3.1 If the referral of the Customer extends the services, the partnership percentage is credited in the amount of 20% of the cost of hosting.
3.2 The affiliate program does not include such services as a dedicated server, domain registration, and additional services. Interest is calculated only after payment for hosting, reselling, or vds services.
3.3 Spamming and surfing websites as an affiliate link advertisement is prohibited.
3.4 The use of keywords related to the hostka.net and the "HostkA" brand as search engine advertising is prohibited.
3.5 The Сustomer is prohibited from placing links and advertising the "HostkA" in every possible way at the following sites: forums or websites for hackers, websites with gambling, investment projects, pornography and content for “adults”.
3.6 The IP address of the partner and the IPof the referral should not match. This is regarded as a violation of the affiliate program and the bonus in this case is not charged.
3.7 The term for keeping cookies on an affiliate link is 30 days. The term is extended for another 30 days when referral clicks the affiliate link again.
3.8 An amount of less than 3 USD cannot be withdrawn. The amount of more than 3 USD can be withdrawn by the Customer to his e-wallet or used to pay for the renewal of hosting services.
3.9 The Customer must understand that the partnership interest is charged only on the amount of the hosting order and range from 20% to 50%.

Affiliate interest will be increased if:
Monthly earnings of the partner are up to 10 000 rubles. The affiliate interest is 20% (default)/
Monthly earnings of the partner are up to 20 000 rubles. The affiliate interest is 30%
Monthly earnings of the partner are up to 30 000 rubles. The affiliate interest is 40%
Monthly earnings of the partners are up to 50,000 rubles. The affiliate interest is 50%
3.10 The maximum amount of the partner’s bonus for ordering services is 50 USD.
3.11 The withdrawal of funds to the wallet of the Customer is carried out within 24 hours from the date of application. Funds may be delayed for withdrawal for a period of 10 days due to the moneyback system.

Additional Services:




3.9.1 “Free site transfer site from another hosting”. To order this service, the Contractor must submit an application within 7 days from the date of ordering services.
3.9.2 If the sites of the Customer are already located on the server or "HostkA" account, then the “Free site transfer from another hosting” service is impossible.
3.9.3 The service “Free site transfer from another hosting” is carried out free of charge for transferring up to 5 sites. Each additional site transfer is paid in the amount of 2 USD.
3.9.4 The “Dedicated IP address for hosting” service is performed during from a day to three days from the date of payment for this service.
3.9.5 The service “Cleaning the site / account from viruses” includes the removal of known and found viruses, as well as Shell scripts.
3.9.6 The performing of the service “Cleaning the site / account from viruses” can take from a day to five days from the date of payment for this service. After cleaning from viruses, the Customer must necessarily update the scripts on his website.
3.9.7 The “Domain recovery” service is available in the billing panel or from a domain registrar. The cost of this service is from 4.99 USD to 65 USD. Price depends on the domain zone.

Dedicated server or VDS terms of use

Installation:




4.1 Installing VDS or a dedicated server takes from an hour to 96 hours from the moment of payment for the service by the Customer.
4.2 Installing the control panel on a VDS or server takes from an hour to 24 hours after installing the server.

It’s forbidden:




5.1 Conflict with the laws of Ukraine, the Russian Federation and other countries bordering the listed countries by publishing materials that are prohibited in them.
5.2 The placement of materials protected by copyright is prohibited. The use and distribution of materials that contribute to copyright infringement is also prohibited.
5.3 Malicious software, its storage or distribution, as well as the storage and distribution of spyware on the server are strictly prohibited.
5.4 The Customer is prohibited from posting pornography, hackers programs, key generators and other similar illegal materials on his website.
5.5 Financial pyramids, phishing, fraud and spam mailing from the Customer’s site are prohibited.
5.6 The Customer is prohibited to post IRC and similar programs, as well as open proxies on his website.
5.7 If necessary, the Customer must provide the Contractor with documents identifying the Customer.
5.8 Entering false data or specifying an incorrect mailbox by the Customer entails a refusal to provide services by the Contractor, and also deprives the Customer of the opportunity to return the prepayment.
5.9 Sites advertising, promoting or relating to financial pyramids, mutual assistance cash registers, MMM, MLM, gambling, casinos, investment projects, betting activities, lotteries and HYIV are prohibited to be placed.
5.10 If the Customer spends more than 10 TWs per month on a dedicated server, the Contractor can change the server connection port to the Internet by 10mb per second.

Prices and payment procedure:




6.1 If the Customer has delayed payment for VDS or a dedicated server, the Contractor ceases to provide services. When the balance is "0 days", the server shuts down for non-payment. When the balance is “-1 day”, the Contractor can clear the Customer’s data and place the server at the disposal of another Customer.
6.2 The Contractor does not return the money with which the Customer paid for VDS or a dedicated server. After installing the server, it is impossible to return the money.
6.3 The Customer can reactivate the server after its blocking for non-payment with a negative term or for violation of the service agreement by creating an appeal to the Contractor. Reactivation of the server is regarded as an additional service and a fee in the amount of 5 USD to 75 USD is charged for it.

Responsibilities of the Parties:




7.1 The Contractor shall not be liable to the Customer or third parties for delays, interruptions, damage or loss.
7.2 Responsibility for the content the Customer places on his server / website lies entirely on the Customer.
7.3 If necessary, the Customer must provide the Contractor with documents identifying the Customer.
7.4 This clause of the agreement confirms that the Customer and the Contractor have reached an agreement on all major issues and conditions of cooperation.

Administration:




8.1 The Contractor installs the OS and control panel. After that, the Customer receives data to work with VDS or a dedicated server.
8.2 The Contractor includes only basic administration. Updating php, apache, mysql, named, ssh, proftpd are free no more than 1 time per month.
8.3 Installation or configuration of additional software, extended consultations, is available to the Customer after contacting the Contractor and is regarded as an additional paid service.

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