Terms

This document is an official offer (public offer) from the business entity «DeRoy LLC» Host-UA.com (hereinafter referred to as the «Contractor»).
Full and unconditional acceptance of the terms of the public contract is the fact that the CUSTOMER makes a payment on account of payment for services, and the CONTRACTOR receives the relevant financial document confirming the fact of such payment.

Terms and definitions used in the Agreement:
Server — a software and hardware computing system that performs service functions at the request of the client, providing access to specific resources.
Traffic — the total amount of data (files, mail, etc.) passing through the server over a certain period of time.
Web hosting  — is a service that provides disk space and physical data placement on a server that is continuously online.
CPU (processor) — processing power guaranteed by the Contractor when providing virtual services based on the selected tariff plan.
RAM — server’s RAM capacity, as provided by the tariff plan chosen by the Customer.
Domain name (domain) — a part of the hierarchical address space of the Internet, which has a unique name that identifies it, is maintained by a group of domain name servers, and is centrally administered. A domain is identified by a domain name.
Domain registration is the entry of domain information into the central domain names registry.
Registration period — the duration during which information about the domain’s storage in the Domain Names Registry is ensured. The minimum domain registration period is 1 (one) year.
DNS — a domain name service containing configuration files of a registered domain.
Login — a unique set of letters and numbers for the Contractor’s web server, which, in combination with a password, serves as the Customer’s identifier.
Password — a set of letters and numbers that, in combination with the Login, serves as the Customer’s identifier.
Billing — a section of the Contractor’s website, where the login and password are provided to the Customer after placing an order at the link https://core.vds.guru. The order management system stores Customer data, the list, date, and content of electronic messages sent to the Customer by the Contractor, the list of invoices paid by the Customer, and active services. The customer is solely responsible for the safety of the login and password to the order management system.
Spam — is defined as the organized mass mailing of advertising, commercial, or campaign-related information to other network users without their consent.
A dedicated server is a service in which a separate physical machine is provided to the client.
VPS (Virtual Private Server) is a service that provides the user with a Virtual Private Server, which is a copy of the guest operating system (hereinafter referred to as the OS), isolated at the kernel level of the main OS. One physical server can run many virtual servers. In addition to some obvious limitations, each virtual server provides full and independent control and management of the guest operating system and utility services, similar to a regular server, and is primarily used to host resource-intensive sites, services that require fine-tuning of the operating system, mail services, etc.

The Contractor’s website is a website located on the Internet at the link https://host-ua.com. All Internet users have 24/7 access to the website.
Billing / Ticket — an additional website of the Contractor, https://core.vds.guru, through which service payments are made and technical support is provided to the Customer.

«DeRoy LLC» VDS.GURU (hereinafter referred to as the «Contractor»), operating based on a certificate of state registration EIN 85-3508212, and the «Customer,» have entered into this Agreement as follows:
(A) DeRoy LLC (VDS.GURU), hereinafter referred to as the Contractor, on one hand;
(B) the User of hosting services, hereinafter referred to as the Customer, on the other hand;
Further in the text, the Contractor and the Customer, respectively, collectively referred to as the Parties, agree to the terms of this Agreement, as follows:

1. Subject of the Agreement
1.1. Under this Agreement, the Contractor undertakes to provide the Customer with Web Hosting Services in accordance with the tariff chosen by the Customer. The list of tariffs and their costs is published on the Contractor’s website.
1.2. The Customer undertakes to pay for the Services chosen by him in accordance with the tariffs indicated on the Contractor’s website.
1.3. The service does not include the possibility of receiving electronic messages in the Contractor’s office, setting up or diagnosing a personal computer, modem, and the Customer’s software, teaching Internet skills, and using a personal computer.

2. Prices and Payment/Cancellation and Refund Procedures
2.1. The cost of the Services provided to the Customer under this Agreement is indicated on the Contractor’s website.
2.2. In the absence of payment for the renewal of hosting or server services, the account is blocked. Account resumption is possible only after the debt is repaid. If the service is not renewed within 15 (fifteen) days from the moment the account is blocked, the account will be automatically deleted.
2.3. The contact email address is the email address specified by the Customer when placing an order and is stored in the order management system. The customer is solely responsible for the correctness of providing the email address and its performance.
2.4. All bank commission costs for paying the Contractor’s invoices are paid by the Customer.
2.5. When making a payment via «Bank transfer,» the Customer undertakes to notify the Contractor about the payment of a specific invoice number.
2.6. The Customer is solely responsible for the accuracy and timeliness of payments made by him for the Services provided by the Contractor under this Agreement.
2.7. When making payments, the Customer should indicate the invoice number received from the Customer. If there is no account number in the payment document, the Contractor does not guarantee that the received amount will be credited as payment for prepaid Services.
2.8. If the Customer has claims against the Contractor for the services provided, they should send claims to the Contractor’s mailbox or the Contractor’s email address no later than 7 (seven) days after the service provision. If, within 7 (seven) days after the service provision, the Customer has not submitted a claim regarding service quality, it is considered that the services provided or work performed meet the contract requirements and are fully accepted by the customer.
2.9. In the event of a discrepancy between the quality of the service provided by the Contractor and the Customer’s requests, the Customer has the right, within 7 calendar days from the date of service provision, to refuse the services provided and receive a full refund. In the case of domain name registration for a promotion, the actual domain name registration cost is deducted from the refunded amount.
2.9.1. Refunds are not provided for the following services: Domain name registration, Dedicated server, SSL certificates, Domain renew.

3. Rights and Obligations of the Parties
3.1. The Contractor is obligated to:
3.1.1. Provide services according to the terms of the Service tariff chosen by the Customer.
3.1.2. Provide technical advice to the Customer as necessary for proper interactions in fulfilling the terms of this Agreement, upon the Customer’s request.
3.1.3. In case of violation of the terms of this Agreement, notify the Customer via email about the identified violations.
3.1.4. Notify the Customer about any attempts by third parties to disrupt the Customer’s website’s performance, requiring special actions by the Contractor.
3.1.5. Send a message to the Customer after suspending service provision in cases provided for in clause 5.4/5.5 of this Agreement.
3.1.6. Not disclose or use information related to the Customer’s activities, which becomes known to the Contractor during the execution of this Agreement.
3.1.7. Provide the customer with 24/7 technical support.
3.1.8. Provide complete data backup for the Customer. In case of data loss due to the Contractor’s fault, the Contractor agrees to restore the data from a backup copy taken up to 30 (thirty) days ago. This provision does not apply to «Virtual servers (VPS/VDS)» and «Dedicated servers in Ukraine.» The Customer is responsible for creating a full backup of their data or requesting data storage space from the Contractor, up to 100Gb.
3.1.9. In case of no access to the Customer’s web-server for more than 30 minutes due to the Contractor’s fault, the Contractor agrees to compensate by extending services for 1 (one) working day.
3.1.10. The Contractor reserves the right to change the IP address assigned to the Customer, DNS, or transfer to another server if technical necessity requires it. If the Customer uses the Contractor’s DNS server, this change will occur without the Customer’s notice.

3.2 The Customer is obligated to:
3.2.1. Provide complete and accurate information when placing an order for the Service. The Contractor is not responsible for consequences arising from incorrect data entry. If Customer identity verification is required, they must provide all necessary data (documents) for verification.
3.2.2. Comply with the requirements outlined in the Agreement.
3.2.3. Timely payment for Services.
3.2.4. Sign the Certificates of services rendered and works performed and send them to the Contractor within 15 (fifteen) calendar days from the date of receipt. If the Contractor does not receive the signed Certificate of Completion within 30 (thirty) calendar days or a reasoned refusal to sign the Certificate, it is considered that the services rendered or work performed meet the Agreement’s requirements and are fully accepted by the Customer, as confirmed by the Certificate of Completion signed by the Contractor.
3.2.5. Use the Internet only in a legal manner, adhering to rules and regulations governing data transmission networks, and bear responsibility for non-compliance with the current legislation of Ukraine and Russia.
3.2.6. Be solely responsible for any losses incurred by themselves or a third party due to the Customer’s incorrect use of the Contractor’s services.
3.2.7. Comply with the requirements of the current legislation of Ukraine, Russia, and international laws, including not posting illegal materials on the site (such as pornography, interethnic, interracial, interethnic hatred, terrorism, drugs, etc.), not violating copyrights, related rights, or other rights of third parties.
3.2.8. Hold the Contractor harmless from any claims, debts, losses, costs, and expenses, including all legal costs, lawyer fees, arising from litigation and court decisions directly or indirectly related to the Contractor’s Services.

3.3 The Contractor has the right to:
3.3.1. Completely or partially suspend service provision without prior additional warning in the following cases:
— Customer non-compliance with this Agreement’s terms.
— Customer’s repeated non-compliance with the instructions of Contractor specialists regarding Service and Internet usage.
— Customer’s conviction for unauthorized distribution (spam) in any form.
— Customer’s violation of Internet etiquette norms, such as using profanity during a telephone conversation or correspondence with Contractor specialists.
— Service provision affecting the Contractor’s business reputation.
— Receipt of relevant recommendations or requirements from government authorities of Ukraine, Russia, in case of violation of Ukrainian, Russian, or international legislation norms.
— Placing child, zoo or other illegal pornography on hosting servers.
— Placement of resource-intensive projects on the hosting server.
— Distribution/sale of narcotic drugs.
— Calls for terrorism/separatism.
— Calls for extremist activities.
— Hosting resource-intensive projects on VPS/VDS that can cause critical hard disk (IOPS) load on the physical server.
— IP address blacklisting due to Customer fault.
— Use of the service for proxy, VPN (without prior agreement with the Contractor).
— Spread of viruses, DDoS attacks, brute force.
— Failure to address complaints about the Customer’s content from authorized organizations (Ruprotect, Vindex, Webcontrol, and others).
— Distribution of unlicensed software, copyright infringement.
— Initiating processes on the server that take up 30 seconds of server CPU or more than 7% of all available system resources.
3.3.2. If the Customer’s resource and other resource needs are excessive, offer the Customer a transition to another tariff.

4. Responsibility of the Parties
4.1. The Contractor is not responsible for:
4.1.1. Service interruptions caused by Customer or third-party actions.
4.1.2. Any damages suffered by the Customer due to using Services provided by the Contractor, including cases where the Customer was informed of the possibility of such losses.
4.1.3. The content and accuracy of any information transmitted or received through Service provision.
4.1.4. The functionality of the Customer’s equipment and software.
4.1.5. Lost profits and/or income, as well as indirect losses incurred by the Customer during the period of Service use or non-use (full or partial) of Contractor’s Services, including cases where the Customer was informed of the possibility of such losses.
4.1.6. Information hosted on the Customer’s website.
4.1.7. The integrity, reliability, and availability of the Customer’s websites and data on the Contractor’s server.
4.1.8. Unqualified actions by the Customer concerning hosting use.
4.1.9. The performance of software tools provided to the Customer if the Customer knowingly or unknowingly violated their performance, deleted, or made changes to system or service files.
4.1.10. The functionality and suitability for use of third-party developed software and hardware.
4.1.11. Neither Party shall be liable for 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). A Party that becomes aware of the occurrence or approach of such circumstances must immediately notify the other Party.
4.1.12. Problems, delays, interruptions, or gaps in data transfer or connection.

4.2 The Customer is responsible for:
4.2.1. Violations of applicable laws committed by themselves or a third party through the use of Services provided by the Contractor.
4.2.2. Non-compliance with the terms of this Agreement.
4.2.3. Failure to comply with the terms and payment procedures for Services.
4.2.4. Keeping access parameters to the Service (login and password) and losses that may occur due to unauthorized use of access parameters for the Service.

5. Dispute Resolution
5.1. All disputes and disagreements arising from the execution of this Agreement will be resolved through negotiations.

6. Validity and Termination Terms of the Agreement
6.1. The Agreement comes into effect when the client registers in the Contractor’s system or pays for the service.
6.2. If the Customer makes an advance payment for Services for the next billing period before the Agreement’s expiration, the Agreement will automatically extend on the same terms and conditions specified in this Agreement.
6.3. This Agreement may be terminated:
6.3.1. In accordance with paragraphs 2.2 and 3.3.1.
6.3.2. By mutual agreement of the Parties.
6.3.3. Termination of this Agreement does not release the Parties from liability for its non-performance or improper performance.
6.3.4. Termination of the Agreement does not release the Customer from the obligation to pay the Contractor any debt for Services provided.
6.3.5. In the event of early termination of Service provision, the Customer shall be refunded for full months of unused time (the payment for the month during which the service was terminated is not refundable), provided that the early termination is not related to the Customer’s violation of this agreement.

7. Procedure for Contacting Support
7.1. Technical support processes applications received from customers via email or through the support center (helpdesk): https://core.vds.guru/tickets/new/
7.2. Technical support is not obligated to provide programming, web design, script, and program configuration advice to the client or similar issues. Such consultations may be provided through additional agreement.
7.3. Requests through other channels (e.g., ICQ, Web Chat, Skype) are not official.
7.4. When submitting a support request, gather as much information as possible about the problem, preferably including any error messages you’ve encountered.
7.5. Requests to change data or settings are only accepted from the contact email address specified in the billing.
7.6. The Contractor agrees to respond to the client’s official request received from an authorized email within 3 (three) hours.
7.7. Unless otherwise specified in a separate agreement with the client, all dedicated servers supplied by the Contractor, virtual dedicated servers (VPS/VDS), are provided without administration services.
7.8. The Contractor agrees to provide the client with SSH access with root privileges (for Linux OS) and access to the server control panel (ISPmanager Lite / DirectAdmin), if the relevant add-on was specified at the time of ordering the service. The client will manage server administration independently.

8. Final Provisions
8.1. From the moment this Agreement is signed, all previous transactions and agreements related to the subject of this Agreement become invalid.
8.2. All annexes, addenda, additional agreements, and amendments to this Agreement, signed by authorized representatives of both Parties, are considered integral parts of this Agreement.

9. Address and Bank Details of the Contractor
DeRoy LLC EIN 85-3508212
107 FALLSBURY RD
IRMO, SC 29063 USA
Bank Name: Wells Fargo Bank, N.A | SWIFT/BIC Code: WFBIUS6S