1. Subject of Agreement
1.2. Supplementary services of the Host is Domain registration. On request, Host will register domain names on behalf of the customer with the respective issuing body. The Customer authorizes the Host to issue all declarations or execute all activities necessary for the registration of a domain with the respective issuing body, on behalf of the Customer. The Customer can only expect the actual assignment of the domain name once this has been confirmed by the Host. Host shall not accept liability and provides no guarantee in respect of the assignment of the domain name orders. The Customer shall indemnify the Host against any third-party claims in respect of the domain name selected. Any claims regarding the selection, use, or purchase of a domain name or any other claims regarding a domain name must be addressed directly to the Customer.
1.3. Establishment of access statistics is collected by Host. The Host shall draw up access statistics on the web server for each Customer in accordance to the legal obligation. For this purpose, the server log files are evaluated on a daily basis. Customers can call current and historic statistics for whatever period is required via a protected website. The historic statistics are stored for a period of at least two years. The Customer understands and fully agrees to provide Establishment of access statistics to the authorized bodies on the basis of a duly executed legitimate request.
1.4 Host does not permanently provide services in the UK due to its legal form. The payment system does not accept payments from the specified region. If you still need our service and you are a UK resident, use the contact form on the site to request.
2. Obligations of the Customer
2.1. The Customer is fully and solely responsible for any data transmitted to the Internet through any services of the Host and also, but not only, stored using the services of the Host. Any claims by third parties regarding the Customer’s data must be directed directly to the Customer. The Customer is responsible for maintaining its data on the server of the Host.
2.2. The Customer, as an individual, strictly undertakes to personally use the services of the Host. Under no circumstances transfer access to the services of the Host to third parties in order to avoid illegal use. If the Customer is a company, the Customer undertakes to restrict access to the Host services by company employees in order to prevent the illegal use of the Host services. By transferring access to the services of the Host to any third parties, including authorized ones, the Customer assumes full responsibility for their actions or inaction to the Customer, the Host, or third parties, wherever and whoever they are. Unauthorized third parties are not such persons who utilize storage, which forms the subject matter of the agreement, with the knowledge and agreement of the Customer.
2.3. Customer shall provide assurance that they do not enter any contents, which infringe legal regulations, third-party personal rights, and trademark rights or morality. Customers must in particular heed the data protection provisions to the benefit of the users. Customer warrants that it will not broadcast or store any content that violates the law, the personal rights of third parties, of the Host, trademark rights or morals, or any other law, whatever they may be. The Customer must, in particular, comply with data protection provisions in the interests of users, along with regional and international laws. The Customer assumes full and sole obligations to be directly responsible (without the participation of the Host) for compliance with the law using the services of the Host. In case of violation of the above condition, the Customer is obliged to refrain from all further violations, to compensate the Host for any incurred losses. The Customer also undertakes to indemnify and release the Host from the claims of third parties for damages and reimbursement of expenses caused by the Customer’s violation of the law or Public Agreement. The release obligation also extends to the obligation to fully reimburse Host for all legal defense costs (legal costs, attorneys’ fees, etc.). The Host reserves the right, in case of detection of a violation of local or international legislation, violation of morality, humanity, or other obviously unacceptable violations, to block the Customer’s account and completely remove inappropriate content.
2.4. The Customer is obliged to make reasonable endeavours to protect the login and password of his account on the Host’s server.
2.5. The Customer is strictly prohibited from interfering with any program code of the hosting platform of the Host in any way, regardless of whether the Customer is current or former.
2.6. The Customer is obliged to pay for the use of the Host’s services on time. Not later than the end of the paid period for using the services of the Host. Otherwise, the Host has the right to terminate the service provided to the Customer without saving any of the Customer’s data.
2.7. The customer undertakes to ensure the safety of his own data in any reasonable way. The Customer undertakes to store on the server/servers of the Host-only a copy of the data, in the event of the loss of which neither the Customer nor third parties will incur any losses.
2.8. The customer is strictly prohibited from engaging in any activities that violate this Public Agreement, as well as any laws or regulations that apply to their use of the Internet. The Host at the very least hopes that these conditions will never be applied to the Customer as unnecessary due to the Customer’s full compliance with the norms of the law, morality, and this Public Agreement in the name of reliability and respect for the rights of the Host, other Customers and any third parties.
2.8.1. The Host prohibits the use of the Host’s services for any illegal activities, including but not limited to spamming, phishing, copyright infringement, and distributing malware.
2.8.2. Customer may not use excessive server resources such as CPU, memory, or disk space that negatively impact the performance of the server for other users.
2.8.3. The Host prohibits the Customer from sending unsolicited emails or other messages, commonly known as spam.
2.8.4. The Host prohibits any activities that are intended to gain unauthorized access to computer systems or networks.
2.8.5. The Host prohibits the Customer from the distribution of illegal material, including pirated software or copyrighted content.
2.8.6. The Customer may not use Host’s hosting services to harass or threaten others, including via email or other messaging services.
3. Obligations of the Host
3.1. The Host undertakes to provide access to the Customer’s account after selecting the services required by the Customer on the Host’s website. Shared hosting, VPS, VDS services are provided automatically. The service provision time depends on the selected operating system configuration, but no later than 48 hours from the date of payment. If counter actions of the Customer are necessary, the technical employee of the Host will contact the Customer to clarify the procedure. Terms of issuance and coordination of the characteristics of the Dedicated Server are negotiated individually for objective reasons.
3.2. The Host shall properly accept payment for hosting services and provide via email an electronic receipt detailing the cost and share of tax payments.
3.3. If the necessary resources are available, including taking into account the schedule of customer support employees and the computing power of server equipment, the Host undertakes to provide the Customer with the services stated on the website of the Host as soon as possible, taking into account those stated on the website, including partner services, such as the purchase and transfer of domain names and others. If the Host needs more time to provide the service, the Host is obliged to notify the Customer in an accessible way.
3.4. The Host, among other services listed on the Host’s website, provides a snapshot, which is intended for the convenience of data recovery and may but should not be a backup copy of the Customer’s data.
3.5. The Host is not obliged to conduct preliminary, scheduled, or other checks of the Customer’s data, fully relying on the Customer’s reliability, except for cases when the Customer receives a notification of a violation of any norms or rules by the Customer. In this case, the Host checks the Customer’s data in order to confirm the facts stated in the complaint. If the complaint is justified, the Host has the right to apply any measure of the Host’s choice provided for in this Public Agreement or to comply with any legal requirement of authorized law enforcement agencies.
3.6. Host undertakes to comply with the Customer’s request for a refund within the seven-day test period of the service, which is stated on the Host website, if the Customer complies with the terms of this Public Agreement and uses the test period for testing. The activity of the Customer aimed at using the test period for other purposes (for example: email distribution, etc.) relieves the Host of this obligation. In the latter case, the refund is made at the discretion of the Host administration.
4. Disruption of Availability, Other Defects, Temporary and Permanent Restrictions
4.1. If disruptions of system availability occur, the Customer shall inform the Host via the Ticket system of this immediately. The Host shall attempt to remove the disruption of availability immediately. In the event of long-term, substantial defects of storage, the Host is entitled to remove the defects within a period of grace of 14 days granted by the Customer. If a substantial defect cannot be removed within the period of grace, the Public Agreement partner can reduce the fee payable.
4.2. The Host is entitled to disrupt the connection between the stored data and the internet on a temporary basis (barring of the system) if sufficient indications in respect of illegal contents of the stored data exist, in particular as the result of a warning by a supposed infringed party, unless this is obviously unfounded, or as the result of investigations by state authorities. The bar shall be restricted to the supposed infringing contents, if possible. The customer shall be informed of the bar and should be given the reason. The customer shall also be requested to remove the supposed illegal contents or to present their legality and prove it, if necessary. The bar shall be removed as soon as the suspicion has been invalidated. If the Customer does not eliminate the negative effect caused by the specified actions within 24 hours, the Host has the right to suspend the service under this agreement without a refund of the paid funds.
4.3. If the Customer operates programs on the rented storage space, which could negatively impact or, due to known security flaws, threaten the operating characteristics of the systems of the Host or its agents, Host is entitled to immediately bar the offer of the Customer. The bar shall, if possible, be restricted to the programs causing the negative impact. The Customer shall be informed immediately about the bar and should be given reasons. If the Customer does not eliminate the negative effect caused by the specified actions within 24 hours, the Host has the right to suspend the service under this agreement without a refund of the paid funds.
4.4. The Host is further entitled to temporarily disrupt the connection between the stored data and the internet if the customer defaults in paying the agreed fee or a significant part thereof. The Host shall inform the Customer that it intends to execute a bar at least 48 hours prior to actual execution. After payment of the arrears, Host shall immediately remove the bar. Despite the bar of an offer for one of the above-mentioned reasons, the Customer is obliged to pay the agreed fee, even for the period where the bar applies.
4.5. If the Host is duly notified of the ongoing investigation by law enforcement agencies regarding the actions or inaction of the Customer, the Host reserves the right to act in accordance with the requirements of law enforcement agencies, even if such actions are not provided for in this agreement.
4.6. If the Customer receives a dedicated IP address for use as part of the service or separately, and this IP address appears in the spam mailing database or has other restrictions through no fault of the Customer, the Host takes all necessary actions to cancel such restrictions within 14 working days, and in case of urgent if necessary, changes to another IP address, provided that the Host has an additional IP address. These actions are carried out by the Host on the basis of the Customer’s request for customer support with the corresponding ticket. The host does not guarantee the absence of IP addresses in any databases, lists, or otherwise.
5. Additional Liability Provisions
5.1. Host’s liability to the Customer or any third parties for any and all claims arising out of or related to this Agreement, whether in contract, tort, or otherwise, shall be limited to the total amount of fees paid by the Customer to Provider during the three (3) months immediately preceding the date of the claim. In no event shall the Host be liable for any indirect, special, incidental, punitive, or consequential damages, including, without limitation, loss of profits or revenue, loss of data, or costs of substitute goods or services.
5.2. The Customer shall indemnify and hold harmless the Host and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys’ fees, arising out of or in connection with the Customer’s use of the Services or the Customer Content.
5.3. The Customer shall be solely responsible for all content (use of customer content) that it uploads or otherwise makes available through the Services (“Customer Content”). The Customer represents and warrants that the Customer Content does not violate any applicable laws or regulations or infringe upon any third-party rights. The Host may remove any Customer Content that The Host determines, in its sole discretion, violates any applicable laws or regulations or infringes upon any third-party rights.
5.4. Warranties and Disclaimers. The Host represents and warrants that it has the right and authority to enter into this Public Agreement and to provide the Services listed on the Host’s website. Except as expressly set forth in this Public Agreement, the Host makes no other warranties or representations, whether express or implied, with respect to the Services, including, without limitation, any warranties of merchantability or fitness for a particular purpose. The Customer acknowledges that the Services are provided “as is” and that the Host does not guarantee that the Services will be uninterrupted or error-free.
5.5. Governing Law and Jurisdiction. This Public Agreement shall be governed by and construed in accordance with the laws of the state where the Host’s Designated Member is located, without regard to its conflict of law provisions. Any dispute arising out of or related to this Public Agreement shall be resolved in the state courts located in the county where the Host’s Designated Member is located.
6.1. The Parties acknowledge that in the course of performing this Public Agreement, the Customer does not provide the Host with any confidential information of the Customer. The Customer confirms that the Host has no obligation to agree with the Customer in any way on the use of the information provided by the Customer to fulfill the order by Host, including in cooperation with partners and/or other third parties hired in any way, including as required by law.
7. Resolving disputes
7.1. If the Customer has an issue with their hosting service, their first step should be to contact the Host’s customer support team. Many issues can be resolved through direct communication with the provider, such as billing issues or technical difficulties. We will do everything necessary for your comfortable use of Host services.
7.2. If the issue cannot be resolved through customer support, the Customer may need to file a formal complaint. This may involve filling out a form on the Host’s website or sending an email to a designated complaint department. The complaint should clearly state the issue and any relevant details, such as when the issue first arose and what steps have already been taken to try to resolve it. In this case, the Host performs all the actions provided for in this Public Agreement to eliminate the cause of the claim or, at the discretion of the Host, applies the rules of the Public Agreement for compensation based on clause 5.1. of this Public Agreement, if it is impossible to solve the problem. All necessary contacts are provided to the Customer on the website of the Host, including the ticket system for customer support.
7.3. All disputes and claims between the parties are resolved through negotiations, based on the terms of this Public Agreement and in the ways listed in this Public Agreement. If it is impossible to reach a resolution through negotiations, disputes are resolved in the manner prescribed by law on the basis of clause 5.5. this Public Agreement.
8.1. The Customer shall pay the Host the fees indicated on the Host’s website or otherwise agreed by the Parties in writing or by email. Tariffs may be changed at any time without prior notice to the Customer by making changes on the Host’s website. Payment is made by the Customer in accordance with the selected service on the Host’s website, using the methods provided in the Customer’s personal account on the Host’s website under the terms of this Public Agreement.
8.2. If the Customer does not intend to purchase future periods of the Host’s services, he is obliged to use the cancellation tool in the Client area strictly until the payment for the renewal of the Host’s service is charged. The cancellation tool is for immediate cancellation or at the end of the paid period. The Customer receives automatic notifications from the Host about the approaching day of service renewal. By canceling the service immediately or at the end of the paid period, you immediately cancel the automatic payment that is scheduled at the end of the paid period for using the Host service. In the absence of a relevant decision of the Customer to terminate the service before debiting funds for its extension within the specified period, automatic payment for the future period is considered the Customer’s consent to extend the service and no refund is provided.
8.3.The parties agree that the payment system commission is not refundable by the Host under any circumstances.
9. Force majeure circumstances
9.1. Force majeure refers to unforeseeable circumstances beyond the control of a party that prevent it from fulfilling its contractual obligations. For a web hosting provider, force majeure circumstances may include:
- 9.1.1 Natural disasters: These include earthquakes, hurricanes, floods, wildfires, tornadoes, and other acts of nature that may damage the Host’s infrastructure or disrupt its operations.
- 9.1.2 Power outages: Power outages can occur due to a variety of reasons, including severe weather, infrastructure damage, or system failures. These outages can impact the Host’s ability to deliver services to its Customer.
- 9.1.3. Acts of terrorism or war: Acts of terrorism or war can disrupt the normal functioning of a country’s infrastructure, including internet connectivity, which can impact the Host’s operations.
- 9.1.4. Government actions: Any Government actions, such as national lockdowns or curfews, Internet or IP address blocking, or any other, may restrict the movement of people and goods, including the Host’s staff and equipment, leading to disruptions in service.
- 9.1.5. Cyber attacks: Cyber attacks can compromise the Host’s infrastructure and systems, leading to downtime and service disruptions.
9.2. In the event of force majeure circumstances, the Host is exempt from contractual obligations or granted additional time to fulfill their obligations whatever Host chose.
10.1. This Public Agreement shall commence on the date of acceptance by the Customer and shall continue until terminated by either Party in accordance with the terms of this Public Agreement. The full and unconditional acceptance of the terms of this Public Agreement by the Customer is considered to be the use of the Host’s website, registration on the Host’s website, or payment for the Host’s services, whichever came first.
10.2. Either Party may terminate this Public Agreement upon notice or without to the other Party for any reason or no reason at all. The Host may also terminate this agreement immediately upon notice to the Customer if the Customer breaches any term or condition of this Agreement.
10.3. Upon termination of the agreement, the Customer is entitled to a refund of the balance paid in advance for any month paid in advance for using the Host’s services if not a single day of such a month is used. Funds paid in advance will not be returned if the Customer violates the terms of this agreement or the current national or international legislation, which resulted in the blocking of the Customer’s account on the basis of this Public Agreement or the appeal of law enforcement agencies in a prescribed manner.
11. Host’s details
Hosta Blanca LLP (The “Host”):
Limited Liability Partnership
Registered Office Address:
128 City Road London
Registration number: OC445755
SIC Codes: Data processing, hosting and related activities|Web portals