GENERAL PROVISIONS

This Terms of Use (this “Terms”) is entered into by and between WEBRAIN OÜ, registered address Harju maakond, Tallinn, Kesklinna linnaosa, Tuukri tn 19-315, 10120, Estonia (“Company”) and you, and is made effective as of the date of your use of this website (“Site”) or the date of electronic acceptance. This Terms sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services. Whether you are simply browsing or using this Site or purchase Services, your use of this Site and your electronic acceptance of this Terms signifies that you have read, understand, acknowledge and agree to be bound by this Terms, along with the following policies, including Privacy Policy and the applicable product Terms, which are incorporated herein by reference below.

The terms “we”, “us” or “our” shall refer to Company. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Terms, has access to your account or uses the Services. Nothing in this Terms shall be deemed to confer any third-party rights or benefits. Company may, in its sole and absolute discretion, change or modify this Terms, and any policies or terms which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Terms as last revised. If you do not agree to be bound by this Terms as last revised, do not use (or continue to use) this Site or the Services. In addition, Company may occasionally notify you of changes or modifications to this Terms by email. It is therefore very important that you keep your shopper account (“Account”) information current. Company assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.

1. Definitions

Hereinafter in the text, following definitions shall be set and apply:

Affiliate

means, with regard to any entity, any other entity that (directly or indirectly) Controls, is controlled by, or is under common Control with such entity.

API

means the application programming interface (or similar technology), through which Customer can access or communicate with Company and/or Company’s Equipment.

Bandwidth

means the amount of data that is be carried from one point to another in a second, expressed in bits per second (bps).

Basic Power

means the limit that has been set for Customer’s use of electricity, on the basis of the Services Specifications, as specified in the Contract Overview, measured in amperes.

Billing Cycle

means the frequency that Company sends the invoices to the Customer as part of the Sales Contract.

Business Day

means Mondays to Fridays, with the exception of official public holidays.

Confidential Information

means all information not publicly known used in or otherwise relating to the contract, the business or affairs of a Party or an Affiliate of such Party and disclosed (whether in writing, verbally or by any other means and whether directly or indirectly) by the Disclosing Party to the Receiving Party whether before or after the Contract Start Date.

Contract Overview

means an order confirmation notification from Company to Customer made via email, through the Customer Portal or otherwise, to notify Customer that Customer’s Order has been formally accepted by Company and is thereby formally a Contract. The Contract Overview shall set out the Services and/or Equipment Customer purchased or leased from Company and the relevant Sales Terms and Conditions.

Contract Start Date

means the date on which the Sales Contract becomes effective and the Sales Contract Term commences, as specified in Company’s Contract Overview.

Contract End Date

means the agreed last date of the Sales Contract Term, including any renewals.

Customer

means any legal entity or natural person acting as a business professional (i.e. not as a consumer) entering into any Sales Contract, Order, Quotation, trial, beta test, with respect to the provision of services by Company

Customer Balance

means a credit, calculated in accordance with the Support and Service Levels, applied to Customer’s account, and to be used as credit against future invoices.

Customer Portal

means the online services portal operated by Company, identified by Company, incorporated under the laws of The United Kingdom, with its registered seat at London, The United Kingdom.

Data Center

means a data center out of which or within which Company provides Services.

Data Traffic

means the sum of data that is transmitted to and from Customer’s infrastructure, measured in Bytes.

Dedicated Equipment

means Equipment leased from time to time by Customer from Company pursuant to the Sales Contract.

Delivery Date

means the date on which Company enables Customer to use the Services for the first time, or the date on which Company delivers the Equipment that is leased or sold by Company to Customer.

Disclosing Party

means the Party that discloses Confidential Information to the Receiving Party.

Dispute

means any claim, controversy, or dispute concerning questions of fact or law arising out of or relating to these Sales Terms and Conditions or the Sales Contract or the performance of either Party hereunder, or to the threatened, alleged or actual breach thereof of either Party.

Emergency

means any situation which poses an immediate risk to: a person or persons; the Data Center; the provision of one or more of the Services; the Equipment; and/or the provision of Services by Company to other customers.

End User

means any client of Customer or other user of Customer’s services, as well as any other person or (legal) entity who obtains access to Services via Customer.

Equipment

means any equipment, including but not limited to: computer hardware, telecommunications hardware, Interconnection Points, accessories, attachments, alterations of and spare parts for that equipment.

Fees

means the surcharges, Services fees, costs, prices and expenses payable under the Sales Contract by Customer to Company for the provision of Services and the same arising out of Customer’s use of the Services, including non-recurring Fees, set out in the Services Specifications and the Contract Overview.

Force Majeure

means any event outside the reasonable control of a Party affecting its ability to perform any of its obligations (other than the Customer’s payment and financial obligations during the applicable Term) under the Sales Contract, including: acts of God; acts of terrorists; acts of war; outbreak of hostilities; sabotage; civil disorder; riots; acts or demands of any (local) government or government agency; strikes or other labour unrest; fires; floods; earthquakes; storms; lightning, any interruption in the supply of electrical energy to the Data Center; restrictions related to an outbreak of disease (such as formally by local government and/or medical authorities established viruses; pandemics); epidemics; shortage of materials; unavailability or delay in delivery not resulting from the responsible Party's failure to timely place orders therefore; equipment failures; lack of or delay in transportation; failure of a third party to grant a required right-of-way permit, assessment or other required authorization; acts or omissions of vendors or suppliers; changes in law or government policy; and other unforeseeable circumstances, provided however that the Customer i) has no right to refer to Force Majeure for any event that the Customer could have reasonably known or been aware of prior to requesting Company for an order or quotation and/or entering into a Sales Contract, any labour problems or strikes relating to the workforce of Customer or its suppliers or subcontractors, whereby such events shall not be included or referred to as Force Majeure.

Fraud

means a false representation of a matter of fact whether by words or by conduct, by false or misleading allegations, or by concealment of what should have been disclosed that deceives and is intended to deceive another so that the individual will act upon it to her or his legal injury.

GDPR

means Regulation 2016/679/EU of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons 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, database right, trade secret, knowhow and any and all other intellectual property right whether registered or not or capable of registration and whether subsisting in the country of Company’s principal place of business or any other part of the world together with any and all goodwill relating thereto.

Interconnection Point

means a port on Company’s switch and/or router and/or firewall and/or load balancer located in the Data Center, at which point the responsibility of the data stream transport is transferred from Company to Customer.

Invoice

means a document presented to the customer before or after supplying the goods or services, that can be annulled with a credit note if issued incorrectly.

Maintenance

means maintenance, repairs, modifications or upgrades performed by Company from time to time on the Network.

Maintenance Window

means the timeframe in which Company schedules the performance of Maintenance.

Network

means the telecommunications network, which is comprised of all infrastructure Equipment (i.e Equipment that supports the flow and processing of information, including storage, servers and networking components) owned or leased by Company within each active Company POP or Company’s Affiliates POP, all Company wiring within each active Company POP or Company’s Affiliate’s POP, power supplies owned or controlled by Company in each POP, and all telecommunications circuits owned or leased by Company between active Company POPs and active POPs of Company’s Affiliates. For the avoidance of doubt: the Network does not include Equipment owned, leased, or controlled by Customer, telecommunications circuits or networks (including, without limitation, local access loops) between a Company POP and a Customer location or between Customer locations, interconnections between Customer’s network and the Network, or any networks, network equipment, or telecommunications circuits not owned or controlled by Company.

Notice

means a message of one Party to the other Party in writing by registered postmail, email sent and received by a legally authorized representative of each of the Parties.

Order

means the Customer request submitted to Company for certain Services by means of the Company webshop, Customer Portal or by means of the Quotation signed for acceptance by the Customer, both pending and subject to Company acceptance for order confirmation.

Parties

means Company and Customer, each a “Party”.

Payment

means a delivery of money, or its equivalent in either specific property or services, by a debtor to a creditor.

Payment gateway

means an electronic payment system or platform which enables the transmission and/or processing of Payment Instructions for the purpose of effecting real-time electronic and/or on-line payments as may from time to time be specified by the Bank.

Personal Data

means any information that relates to an identified or identifiable living individual.

Policies

means the Sales Contract Schedules applicable to the Sales Contract including policies and guidelines applied by Company in its relationship with Customer.

POP

means a ‘point of presence’, i.e. an access point to the Internet.

Receiving Party

means the Party that receives – or is granted access to Confidential Information by the Disclosing Party.

Refund

means an action of a pay back by the party who has received certain amount of money, to the party who has paid it, according to the established terms in contract.

Service(s)

means the services to be provided by Company to Customer, as agreed per Sales Contract and specified in the Contract Overview.

Services Specifications

means the Sales Contract Schedule in which Company has set out and specified the services offered by Company, as well as the manner in which the services should be used, which document may be amended from time to time.

SLA

means the Sales Contract Schedule in which Company has specified the available Service Levels, which document may be amended from time to time.

Test

means a trial or test performed in order to verify and ensure the proper performance thereof.

Ticket

means a customer’s appeal to the administration of the Company in a certain way via website tools or any other source of digital appeal.

2. Eligibility; Registration and Account Security

The Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Services by anyone under eighteen (18) is unauthorized and in violation of this Terms. By registering for or using the Services, you represent and warrant that you are eighteen (18) years of age or older.

If you use the Services on behalf of another party, company or other organization, you represent and warrant that you are authorized to bind such party, company or organization to this Terms and to act on behalf of such party, company or organization with respect to any actions you take in connection with the Services.

You agree to provide accurate, current and complete information about you and your organization (if applicable) as prompted by the registration forms, maintain the confidentiality of your password and other information related to the security of your account; maintain and promptly update the Registration Data and any other information you provide to Company, to keep such information accurate, current and complete, and be fully responsible for all use of your account and for any actions that take place through your account.

You acknowledge and accept that despite the security measures Company takes in connection with the Services, Company’s system and/or Subscriber Websites (as defined below) may nonetheless become compromised, including without limitation, by hackers, Internet viruses, worms or Trojan horses, or the like. Under such circumstances, Company may take corrective action as it deems appropriate in its sole discretion and you acknowledge and agree that Company shall have no liability to you for any damage or loss that you may incur due to such corrective action.

3. Dedicated Servers

Company reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our system operations and security teams. It is your responsibility to ensure that there is a valid email address and current root password on file for your dedicated server to prevent downtime from forced password resets. Company reserves the right to audit servers as needed and to perform administrative actions at the request of our teams.

4. Company Content

Except for Subscriber Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "Company Content"), are the property of Company or its licensors. No Company Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Terms. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Company Content. Any use of the Company Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to your use of the Services and the Company Content granted herein. All rights of Company or its licensors that are not expressly granted in this Terms are reserved to Company and its licensors.

5. Subscriber Content

You may be able to upload, store, publish, display and distribute information, text, photos, videos, emails, and other content on or through the Services (collectively, “Subscriber Content”). Subscriber Content includes any content posted by you and users of any of your websites hosted through the Services (“Subscriber Websites”). You are solely responsible for any and all Subscriber Content and any transactions or other activities conducted on or through Subscriber Websites. By posting or distributing Subscriber Content on or through the Services, you represent and warrant to Company that you have all necessary rights to post or distribute such Subscriber Content, and your posting or distribution of such Subscriber Content does not infringe or violate the rights of any third party.

You acknowledge and agree that Company may, but is not obligated to, monitor Subscriber Content and may immediately take any corrective action in Company’s sole discretion, including without limitation removal of all or a portion of the Subscriber Content, and suspension or termination of any and all Services without refund of any pre-paid fees. You hereby agree that Company shall have no liability due to any corrective action that Company may take, including without limitation suspension or termination of Services.

You hereby grant to Company, to the extent necessary to provide the Services, a non-exclusive, royalty-free, worldwide right and license to use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute Subscriber Content and the Subscriber Website; and make archival or back-up copies of the Subscriber Content and the Subscriber Website. Except for the rights expressly granted above, Company is not acquiring any right, title or interest in or to the Subscriber Content, all of which shall remain solely with you.

6. Payment Card Industry Security Standard Disclaimer

Company complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of your data and billing information. However, you are solely responsible for the security of the data and billing information you collect on your Subscriber Website. Company will not monitor Subscriber Websites for compliance and therefore we are not able to verify whether your Subscriber 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 all local rules where you reside or your organization is located regarding User Content, User Websites, online activities, email and your use of the Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United Kingdom or the country in which you reside. The Services are controlled and operated by us from our offices within the United Kingdom (although we may share data with third parties around the world to assist us in providing the Services as further described in our Privacy Policy) and we make no representation that the Services are appropriate or available for use in other locations. Those who access the Services from other locations do so at their own initiative and risk, and are fully responsible for compliance with all applicable laws in those locations. We do not offer the Services where prohibited by law.

For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our Services only as permitted and subject to the terms of this Terms. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR).

To the extent the GDPR applies to you, you represent and warrant that in using our Services, you will clearly describe in writing how you plan to use any personal data collected and you will ensure you have a legitimate legal basis to transfer such personal data to us and that you have the necessary permission to allow us to receive and process (e.g., store) such personal data on your behalf. The additional data processing terms set forth in Privacy Terms shall apply where you are a Controller subject to the GDPR.

8. Additional User Responsibilities

You will be solely responsible for all activities conducted on or through a Subscriber Website, including any transactions or interactions with end users of a Subscriber Website. You will be solely responsible for providing such end users with any required disclosure or explanation of the various features of the Subscriber Website and any goods or services offered thereon, as well as any terms of use and privacy policy for the Subscriber Website.

You will cooperate fully with Company in connection with Company's provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for you to use the Services. Delays in your performance of your obligations under this Terms will extend the time for Company's performance of its obligations that depend on your performance.

You will be solely responsible for ensuring that all Subscriber Content and Subscriber Websites are compatible with the hardware and software used by Company to provide the Services, which hardware and software may be changed by Company from time to time in its sole discretion.

You will use your best efforts to ensure that the Subscriber Content is and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code.

You will not use the Services in any manner, as determined by Company in its sole discretion, that:

• engages in or promotes illegal activity;
• engages in or promotes behavior that is defamatory, harassing, abusive or otherwise objectionable;
• infringes the intellectual property rights or other proprietary rights of any third party;
• violates the privacy rights or publicity rights of any third party;
• interferes with the operation of the Services; or
• violates the terms and conditions of this Terms or any of the policies or Terms incorporated by reference herein.

9. Third Party Websites

The Services may contain links to other websites that are not owned or controlled by Company ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Services or any Third Party Content posted on or made available through the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of the Third Party Sites or the Third Party Content. If you decide to access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk and our terms and policies do not apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate.

10. Payment

Fees Due. You will pay to Company all fees for the Services set forth in the registration form presented to you at the time you order the Services. All fees are non-refundable when paid except as otherwise provided herein.

US servers must be paid 15 days before the end of the lease term, upon invoicing. If you are unable to pay for the service on time - create a ticket and notify us. In the event of the invoice is not paid, we reserve the right to issue a refusal from further renewal in the data center.

VPS and DE, UA, NL3 servers must be paid before the lease expiration date. If you are unable to pay for the service on time - create a ticket and notify us and we will provide you with a delay.

Invoices for services are issued 15 days before the end of the rental period and are paid automatically if there are enough funds on the balance sheet. The invoice must be paid by the date indicated on the invoice.

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

• shutdown of servers US1, US2 - on the day of the end of the lease, we recommend that you monitor the timely payment, since in case of late payment it will be impossible to restore the server
• shutdown of servers DE, NL3 - after 72 hours, deletion if necessary after 24 hours after shutdown
• shutdown VPS - after 3 days, deletion (without the possibility of recovery) after 30 days or earlier, if there is a need to release resources

The penalty for late payment of the invoice - 10% of the cost of the server or VPS is charged after 15 days of delay.

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

In case of suspension the provisioning of the Services due to non-payment, delay in payment, payment is due on all days when the provision of the Services was suspended.

11. Pricing

Company may change our prices from time to time. Company may increase the fees for the Services as permitted in the applicable Service description published on the Company website or in a promotional offer (collectively, the “Service Description”), and at any time on or after the expiration of the Initial Term by providing at least thirty (30) days prior written notice to you. Written notice may be in the form of notices and updates provided through the Subscriber billing tool provided as part of the Services, notices and updates otherwise provided through the Services, or pricing notifications for renewal terms sent via email. It is your sole responsibility to periodically review all billing-related information provided by Company through the Subscriber billing tool or other methods of communications and notices sent or posted by Company.

12. Taxes

The advertised fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services provided hereunder. All such taxes may be added to Company's invoices for the fees as separate charges to be paid by you.

13. Add-On Services

If you purchase certain add-on services from Company such as Domain Privacy, SSL certificates, or security services, you may be required to apply the Service to a specific domain name to begin using the Service. Company is not responsible if you fail to apply an add-on to a domain name and will not provide refunds for any purchased but unused Services.

14. Disputes

You have ninety (90) days to dispute any charge or payment processed by Company. If you initiate a chargeback, there may be a minimum charge plus applicable taxes to reactivate your account and we reserve the right to suspend your account for the duration of the dispute. Hosting accounts that have an open dispute may be disabled for security purposes.

15. Fraud

It is a violation of this Terms for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. We may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government and law enforcement authorities, credit reporting services, financial institutions, and credit card companies.

16. Termination and Non-Payment

16.1. Failure to Pay

If you fail to pay the fees due for the Services, we may suspend or terminate your Services and pursue any collection costs incurred by Company, including without limitation, any arbitration and legal fees and Company's reasonable attorneys' fees. If any check is returned for insufficient funds, Company may impose a minimum processing charge plus any applicable taxes. Accounts will not be reactivated until all outstanding amounts are paid. We are not responsible for any deleted or lost Subscriber Content that results from any suspension or termination of the Services.

Dedicated servers: once the Dedicated Servers are overdue, we will not automatically activate the Dedicated Servers. Contact the Company's technical support department via Ticket to discuss options for reactivating the Dedicated Server.

16.2. Termination Procedure

You may terminate the Services you have purchased at any time during the Term by submitting a request to the technical support department. A cancellation request is subject to verification of ownership of the account and/or domain, as determined in the sole discretion of the Company. In the event of such cancellation, you must pay all fees and charges accrued prior to the entry into force of such cancellation, in accordance with the terms of the offer. Upon account deletion, all Client Content will be permanently deleted from the server. Please backup all Client Content before contacting the Company and canceling your account.

16.3. Termination by Company

Company may terminate your access to the Services, in whole or in part, including deletion or confiscation of all files, content, and/or domain name registrations, without notice in the event that: you fail to pay any fees due hereunder to Company, you violate the terms and conditions of this Terms, your conduct may harm Company or others, cause Company or others to incur liability, or disrupt Company's business operations (as determined by Company in its sole discretion), you are abusive toward Company's staff in any manner, or for any other lawful reason, including to comply with applicable law, or as otherwise specified in this Terms. In such event, Company will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.

17. Modification of Services

Company reserves the right to modify, change, or discontinue any aspect of the Services at any time.

18. Data Deletion

18.1. Shared Hosting Accounts

Upon termination of the Services for any reason, Subscriber Content, Subscriber Websites, and other data will be deleted.

18.2 VPS and Dedicated Accounts

We do not bear any responsibility for the consequences caused by the blocking, deletion of the Client's Content, the Client's websites from the Dedicated Server or VPS in case of late payment. Blocking and deletion in such cases is the sole responsibility of the Client.

19. Refund Policy

All products are sold "as is". It is your sole responsibility for your purchase and no refunds will be possible.

If you have any doubts, we recommend using the free trial period.

For some of our products, we may offer an exchange. You can contact us within 7 days from the date of purchase if you would like to exchange your purchase for a product of equal or lesser value. If you choose to exchange your purchase for an item of lesser value, the price difference cannot be refunded. In case of early termination of the "VPS" service, Dedicated servers of the "NL3" line, the balance of the paid funds can be returned to the Balance of the Client's personal account in agreement with the administration, while the cost of installing the operating system in the amount of $35 will be deducted from the refund amount. In addition, the cost of software licenses will be deducted from the refund amount.

19.1. Refund from the Client's balance

Refunds from the personal account balance are not possible. The balance can only be used to pay for our services.

20. Third Party Services

Company is a reseller or licensor of certain third party products and services (collectively, "Third Party Services") including without limitation as sold through the Company. Your purchase and use of Third Party Services are generally subject to the applicable third party's terms and conditions. Company is not responsible for any changes in the Services that cause any Third Party Services to become obsolete, require modification or alteration, or otherwise affect the performance of such Third Party Services. Any malfunction or manufacturer's defects of Third Party Services either sold, licensed or provided by Company to you or purchased directly by you and used in connection with the Services will not be deemed a breach of Company's obligations under this 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 extended to you by the manufacturer of such Third Party Services. You are entitled to use Third Party Services supplied by Company only in connection with your permitted use of the Services unless otherwise expressly provided.

21. Internet Protocol (IP) Address Ownership.

If Company assigns you an Internet Protocol ("IP") address for your use, you shall have no right to use that IP address except as permitted by Company in its sole discretion in connection with the Services during the Term. Company shall retain ownership of all IP addresses assigned to you by Company, and Company reserves the right to change or remove any and all such IP addresses in its sole discretion.

22. Resource Usage

Dedicated and VPS usage is limited by the resources allocated to the specific plan that you have purchased.

22.1. Acceptable Use Policy

Hosting space is intended for use in accordance with Company’s Acceptable Use Policy, and is limited to Web files, active e-mail and content of the hosted Subscriber Websites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as offsite storage of electronic files, e-mail or FTP hosts. Company expressly reserves the right to review every user account for excessive usage of CPU, bandwidth, disk space and other resources that may be a result of your violation of this Terms or the Acceptable Use Policy. Company may, in its sole discretion, terminate access to the Services, apply additional fees, or remove/delete Subscriber Content for those Subscriber accounts that are found to be in violation of Company policies. You hereby agree that Company shall have no liability due to any action that Company may take, including without limitation suspension or termination of Services in connection with your violation of this section.

22.2. Unlimited File Transfer

Company does not set arbitrary limits on the amount of visitor traffic Subscriber Websites can receive on the amount of content a Subscriber can upload to Subscriber Websites in any given month, as long as the Subscriber's use of the Services complies with this Terms. In most cases, Subscriber Websites will be able to support as much traffic as the Subscriber can legitimately acquire. However, Company reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other Subscribers.

23. Reseller Program

In addition to all terms and conditions described in this Terms, the following shall also be applicable to a Subscriber participating in a Company Reseller Program (“Reseller”), including VPS and Dedicated Hosting customers utilizing their account to provide Reseller services:

• Reseller shall ensure that each Subscriber signed up by the Reseller complies with the terms and conditions of this Terms.
• Reseller cannot make any modifications to this Terms. Any such alterations shall be deemed a violation of this Terms and could result in the cancellation of Reseller's accounts. Company is not responsible for any modifications made to this Terms by Reseller.
• In the event that a Subscriber signed up by a Reseller is determined to be in violation of this Terms, the Reseller shall, upon receipt of notice of the violation, take prompt action to ensure that the account in question is updated to be in full compliance with this Terms. In addition, Company, in its sole discretion, reserves the right to take action directly if Reseller fails to do so.
• Company is not responsible for the acts or omissions of Resellers. The Reseller hereby agrees to indemnify Company from and against any and all claims made by any Subscriber or third party arising from the Reseller's acts or omissions.
• Company reserves the right to revise its Reseller Program at any time. Changes will take effect when posted online or on any date as set forth in a notice provided by us.
• Resellers assume all responsibility for billing and technical support for each of the Subscribers signed up by the Reseller. Company reserves the right to refuse inquiries made to customer support from Subscribers signed up by a Reseller.

24. Technical Support Services

Technical support is provided in accordance with the Service Level Agreement and Regulations on the administration of servers (https://help.ishosting.com/ru/regulations-on-server-administration)

25. Ineligibility for Technical Support Services

Company will not provide Technical Support Services if:

• you are in breach of this Terms;
• the need for Technical Support Services is due to any modification or attempted modification of the Services by you or any third party outside of Company’s control, or your failure or refusal to implement changes recommended by Company;
• or you are abusive toward our staff in any manner.

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

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

Our company does not perform work that leads to a change in the standard operation 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 these settings have already been made (it is technically impossible to guarantee the correct operation of such a server).

25.1. VPS and Dedicated Servers

Company will provide a default operating system installation on the dedicated server hardware that permits super-user server access to our support staff. Subscriber agrees and acknowledges that if Subscriber alters or removes this server access, Company's ability to provide technical support to the Subscriber may be severely limited.

26. Disclaimer

You acknowledge and agree that your use of the Services, including any information or content obtained through the Services, is at your own risk. You further acknowledge and agree that Company exercises no control over, and accepts no responsibility for, the content of the information passing through Company's host computers, network hubs and points of presence or the Internet.

27. Limited Warranty

THE SERVICES PROVIDED UNDER THIS TERMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” COMPANY AND ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “COMPANY PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. THE COMPANY PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. THE COMPANY PARTIES ARE NOT LIABLE, AND EXPRESSLY DISCLAIM ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM SUBSCRIBERS OR STORED BY SUBSCRIBERS ON OR THROUGH THE SERVICES.

28. Limitation of Liability

Company SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT WILL THE Company PARTIES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY SUBSCRIBER CONTENT, SUBSCRIBER WEBSITE OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF Company IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

29. Indemnification

You agree to indemnify, defend and hold harmless the Company Parties from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the Company Parties arising out of or relating to your use of the Services, any breach or violation by you of this Terms; or any of your acts or omissions, except to the extent any of the foregoing directly results from Company's own gross negligence or willful misconduct. The terms of this section shall survive any termination of this Terms.

30. Governing Law and Arbitration

Governing Law; Jurisdiction. Any controversy or claim arising out of or relating to this Terms, the formation of this Terms or the breach of this Terms, including any claim based upon or arising from an alleged tort, shall be governed by the substantive laws of the United Kingdom. Any suit, action or proceeding concerning this Terms must be brought in court according to the location of plaintiff. You irrevocably consent to the exclusive jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by applicable law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum.

If you initiate litigation or any other proceeding against Company in violation of this section, you agree to pay Company’s reasonable attorneys’ fees incurred in connection with its enforcement of this section.

The parties shall maintain the confidential nature of the arbitration proceeding and any award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR Company MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER SUBSCRIBERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Further, you agree that the arbitrator may not consolidate proceedings or more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this arbitration clause shall be null and void. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.

31. Miscellaneous

31.1. Independent Contractor

Company and Subscriber are independent contractors and nothing contained in this Terms places Company and Subscriber in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any Terms in the name of the other party, or to obligate or bind the other party in any manner whatsoever.

31.2. Entire Terms

This Terms, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and Terms between the parties with respect to the subject matter hereof, and this Terms constitutes the sole and entire Terms between the parties with respect to the matters covered hereby.

31.3. Severability

If any provision or portion of any provision of this Terms shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions (unless otherwise specified) thereof shall constitute their Terms with respect to the subject matter hereof, and all such remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.

31.4. Waiver

No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Terms shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.

31.5. Successors

You may not assign or transfer this Terms or any of its rights or obligations hereunder, without the prior written consent of Company. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. Company may assign its rights and obligations under this Terms, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without your consent. This Terms shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

31.6. Force Majeure

Neither party is liable for any default or delay in the performance of any of its obligations under this Terms (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, epidemic and pandemic issues or other environmental accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

31.7. Third-Party Beneficiaries

Except as otherwise expressly provided in this Terms, nothing in this Terms is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, you acknowledge and agree that any supplier of a third-party product or service that is identified as a third-party beneficiary in the Service description, is an intended third-party beneficiary of the provisions set forth in this Terms as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Terms with respect to its products nor services against you as if it were a party to this Terms.

1. Parties

This is is*hosting (“we”, or “our”) Privacy Policy. This Privacy Policy discusses the ways in which we collect, use, maintain and disclose information collected by us from our customers, visitors to our websites, and, in some cases, visitors to our customer’s websites (“Users”). Capitalized terms used but not defined in this policy have the meaning given to them in our Terms of Use.

2. Purpose

The nature of internet business requires us to collect information from Users. While this policy is entitled a “privacy policy,” it discusses all of the ways in which we use information collected directly or indirectly from our Users, including personally-identifiable information gathered by us (“PI”) and other anonymous information (“AI”) (collectively, “Information”). Information transmitted, collected, processed or which is otherwise provided to us by Users is not necessarily considered by us to be private. Please review this Privacy Policy carefully to determine how we treat this information.

3. Acceptance of the Policy

You accept this Privacy Policy by using our website (referred to herein as the “Site”), placing an order for Services (as defined in the Terms of Use) with us or joining our email list.

4. Changes to Policy

If we make any significant changes to this Policy we will notify you by email, post a notice of such changes on the Site or flag our Privacy Policy on the Site as updated. You agree to our use of electronic communications with you for purposes of this Policy. If you do not agree to the changes to this Policy, we will continue to maintain and use PI previously collected in accordance with the Policy in force as of that date.

5. Information that we Collect; Use of Information

5.1. General

We may use PI as required or permitted by law, including in response to service of legal process (court order, summons, subpoena, and the like). We shall use commercially reasonable measures to limit disclosure and use of such PI. We may use PI in connection with the establishment or defense of legal claims.

5.2. Information contained in your customer record

Users who are our customers provide us with their name, address, phone number, user name, credit/debit card or bank information and other personally identifiable or confidential information and other information we require to provide Service to them. We may also acquire information about customers from third parties such as credit reporting agencies, as well as collect information about our customers’ use of the Services. This information may be linked to the information provided to us by our customers to create an administrative record and is referred to as “Registration and Billing Information”.

5.3. User inquiries

Users who contact us with questions may be required to give us additional information to assist us in resolving their questions, or to assist us in our business (“User Inquiry Information”).

5.4. Anonymous Information

We collect AI regarding your use of the Site, such as computer-related information (browser type you used, your Internet Protocol address, last URL visited, and the date and time of day of your login). We send a “cookie” or “pixel tag” to your computer which contains an identification number that is unique to the computer you are using. You may decline to provide such information to us and/or refuse cookies in your browser, although some of our features or services may not function properly as a result, and some services may not be available. We use this information to enhance the experience of using the Site, to tailor our Site to its visitors, to understand how our Site is used, to investigate and verify proper conduct at the Site, and to monitor the security and integrity of the Site.

5.5. Third Party Agents – Access to and Use of PI

We may contract with third parties to assist us in our business, including hosting of the Site, hosting of data (including PI and AI), promotional services, authorization and processing of payments, fulfillment of product orders and processing of returns. Such third parties shall agree with us in writing to maintain your privacy at least with the level of protection set forth in this Privacy Policy.

5.6. Unrelated Third Party Links and Information

Our Site contains links to other websites or other information and materials provided by third parties (by way of example, links to third party social media websites). We do not own or control such other websites or third parties and are not responsible for the information provided at those websites or in such materials. We do not control, and are not responsible for, their privacy policies or the information collected at such third party websites.

6. Your Access to and Ability to Change PI

You may request access, updating and corrections of inaccuracies in your PI by contacting us as set out below. For security purposes, we may request PI from you in connection with such access. You may also: modify your information through your control panel in your account, or ask that information regarding your inquiries be deleted by contacting us through tickets.

7. Deleting and Retention of PI

You may request that we delete your PI, and we shall attempt to accommodate such requests. However, we may retain and use PI for such periods of time as required or permitted by law or best business practices.

8. Security

We have implemented technical, physical and administrative safeguards designed to protect PI against loss and against unauthorized access, use, and disclosure. Passwords are stored on our server in encrypted form. We have personal information retention processes designed to retain personal information as necessary for the purposes stated above or to otherwise meet legal requirements. Unless this Privacy Policy states otherwise, our employees are required to keep the information set out here confidential.

9. Testimonials

Pursuant to our Terms of Use, you may provide us with an Endorsement in connection with your use of the Services. We may, at our discretion, use the Endorsement to promote our Services as specified in our Terms of Service. In connection with our use of your Endorsement, you hereby agree that we may use your first name, last initial, home state, voice or likeness, and/or contact information in connection with its publication of the Endorsement. If, at any time, you want us to stop using your Endorsement, please contact us using the tickets and we will cease using the Endorsement soon after processing your request.

10. Cookies

We use the cookies on our Website, to customize the functioning of our Website as much as possible, and can contribute to ease of use when navigating our Website.

A cookie is a small file placed onto your device that enables our Website features and functionality. For example, cookies enable us to identify your device, secure your access to the Website. They enable the Website to store the data, such as:

• Login data (IP address of the logging-in device, login time, location from which the login is attempted);
• Type of browser;
• Demographic data (age group, sex);
• Data about the fact how you browse the Website (which sections you visit, what products are you interested in).

We use the cookies to:

• Ensure efficient and safe functioning of the Website; we use cookies to enable and support our security features, and to help us detect malicious activity on our Website;
• Understand, improve, and research products, features, and services, including when you access our Website from other websites, applications, or devices such as your work computer or your mobile device;
• Recognize the returning visitors of the Website; cookies help us show you the right information and personalize your experience; cookies also help avoiding re-registration or re-filling of the information by you each time you visit the Website;
• Analyse your habits so that the functioning of the Website would be convenient, efficient and would conform to your needs and expectations, for example, by ensuring that the Visitors would, without difficulty, find everything they are looking for;
• Measure the flows of the information and data being sent to our Website; we use the cookies for accumulation of statistical data about the number of users of the Website and their use of the Website;
• Targeting and advertising; by using the cookies we may collect information so that only relevant content is displayed for the browser by creating different target groups; we may use cookies to show you relevant advertising both on and off our Website.

We may, to the extent allowed by applicable laws, link the data, received from the cookies, with other information obtained about you from other legal sources (i.e., information about the use of the services, online account, our Loyalty program, etc.).

10.1. Cookies used on the website

Each time you visit our Website, the long-term (persistent) cookies may be created, which stay in your browser after you sign-up and will be read by us when you return to our Website or a partner site that uses our services, and not deleted after you finish browsing our Website, and the short-term (session) cookies, which expire or are deleted after you finish browsing our Website (i.e., they usually last during the current visit to our Website or browsing session).

Many web browsers allow you to manage your preferences. You can set your browser to refuse cookies or delete certain cookies. You may be able to manage other technologies in the same way that you manage cookies using your browser's preferences.

However, we note that the necessary cookies, as specified below, are necessary for functioning of our Website, and in case of your objections, we will not be sure about functioning of the Website or any of its portions or functionalities.

We recite below the main types of cookies used on the Website according to their types, collected data, and duration of storage.

10.2. Cookies used by the Company

10.2.1. Strictly necessary cookies

These cookies are required for the operation of our Website. They include, for example, cookies that enable storage of information filled by you during the browsing session, enable you to log into secure areas of our Website. Without these cookies operation of the Website would be impossible or its functioning may be severely affected.

10.2.2. Preferences / functional cookies

These improve the functional performance of our Website and make it easier for you to use. These cookies remember the settings selected by the Visitors (for example, the settings of language and time zone). With the use of these cookies, the Visitors may avoid the changes of settings during each visit of the Website. These cookies also remember changes made by you in the Website (for example, in case you leave comment on the Website). These cookies do not track your behavior in other websites.

10.2.3. Analytical / performance cookies

These cookies show us if the Visitor has visited our Website before. The analytic cookies allow us to recognize and count the number of users of our website and see how such users navigate through our Website. We also use cookies to understand, improve, and research products, features, and services. For instance, analytical cookies may show us, which websites are visited more frequently, help us to record dysfunctionalities of the Website, etc.

10.2.4. Marketing, targeting and advertising cookies

These cookies record your visit to our website, the pages you have visited and the links you have followed. We will then use this information to make advertising displayed on it more relevant to your interests. The advertising cookies let us know whether you have already seen the specific advertisement or a certain type of advertisement, and how much time has elapsed since you saw it. We may use the cookies set by another entity so that we could provide the advertisement oriented more specifically to you. They are also used so that we could see the certain advertisements only a certain number of times and that it would help to measure the efficiency of advertising.

10.3. Third-party cookies

Advertising cookies - some ads you can see on our Website have been provided by other legal entities. Some of these entities use their own cookies by analysing how many people have seen the specific advertisement or how many people have seen it more than once. The companies creating such cookies apply the policies prepared by themselves and we have no influence on the creation or storage of such cookies. We recommend you to take a separate interest in the Privacy Policy or the Cookie Policy of those companies, which will be placed on their websites.

Other third-party cookies - in some web pages of our Website, the other entities (for example, social networks) may also use their own anonymous cookies designed so that the programs or applications developed by them would suit your needs. Due to the specific features of the functioning of the cookies, our Website does not have access to the information transmitted by these cookies, likewise other entities do not have access to the information collected by the cookies set by us.

10.4. Refusal or blocking the cookies

Many web browsers are set so that they would automatically accept cookies. The Visitors may, at their discretion, block or delete cookies and similar unique identifiers, if the settings of their browser or device enable them to do so. Nevertheless, if you refuse or block the cookies or other similar technologies, some functions of the Website may be inaccessible to you or they may operate not so efficiently.

Nevertheless, we draw your attention that necessary cookies are necessary for functioning of our Website, and in case of your objections, we will not be sure about functioning of the Website.

You may require that we delete all the data about you, as collected and processed with the help of the cookies, by contacting us via tickets. Such data will be deleted not later than within 28 days after contacting to the above-mentioned email address.

For more information about cookies, you also can visit web-site and discover more about cookies and ways of its use.

10.5. Closing provisions

This Cookie Policy may be updated by the Company.

The Company will inform the Visitors about the updates, by providing the new version of the Cookie Policy. For this reason, we recommend that you periodically visit our Website, where you will always find the latest version of this Cookie Policy.

This Cookie Policy shall be applied from the date of announcement of it on the Website.