Public Offer
This Agreement governs the relationship between the sole proprietor “Pashchenko Dmytro Ihorovych” (hereinafter the “Provider”) and any legal entity or individual (hereinafter the “Subscriber”), and does not govern the rights, obligations or liability of third parties in relation to the Provider.
1. Preamble
This agreement has the nature of a public offer agreement under Art. 633 of the Civil Code of Ukraine, is equivalent to a bilateral agreement and, in accordance with the applicable law of Ukraine, becomes legally binding from the moment the user fully and unconditionally accepts the terms of this Agreement (Offer) and its Annexes. This Agreement is public; its terms are the same for all consumers. The information below is an official proposal (public offer) to the Subscriber to conclude a subscription service agreement. In accordance with Art. 642 of the Civil Code of Ukraine, full and unconditional acceptance of the terms is the fact of the Subscriber making a payment towards the services. The terms of service are also deemed accepted upon the Subscriber’s registration on the Provider’s website. The Provider’s website is located at https://sourhost.net or https://www.sourhost.net. The agreement number is the unique number issued upon registration on the Provider’s website.
2. Area of responsibility of the Subscriber and the Provider
The Provider bears full responsibility for eliminating malfunctions of host machines and connectivity.
The Subscriber is responsible for resolving issues related to the operating system and software installed on the Subscriber’s server. Exception: the Subscriber ordering the infrastructure administration and technical support service.
3. Rights and obligations of the Subscriber
The Subscriber gains access to the Provider’s services within the limits defined by the agreement. The Subscriber bears full responsibility in this regard.
The Subscriber has the right to install any of their own software or operating system, provided it is legal, does not infringe copyright, related or intellectual property rights, and does not violate the applicable law of Ukraine.
It is the Subscriber’s obligation to monitor and moderate the content, software and information materials placed by the Subscriber on the Provider’s resources, in order to ensure their compliance with the applicable law of Ukraine.
The Subscriber may use the hosting for any purpose, provided it is not prohibited by the applicable law of Ukraine.
The Subscriber is obliged to comply with all requirements of the applicable law of Ukraine throughout the entire time of working with the Provider’s resources.
All correspondence with the Provider is conducted by the Subscriber in full confidentiality. Distributing correspondence, tickets or other non-public information is prohibited.
The Subscriber must maintain the business reputation of the Provider. It is prohibited to perform actions that may harm the Provider’s reputation or lead to attacks (informational, hacking and others) on the Provider.
The Subscriber is obliged to keep confidential the Provider’s data that could lead to attacks on the Provider or loss of business reputation. It is prohibited to distribute materials and data about the Provider’s infrastructure, its networks, vulnerabilities in its infrastructure, access credentials and other information.
4. Rights and obligations of the Provider
The Provider’s services are provided on an “as is” basis. The Provider has the right to change the procedure for providing services or the pricing policy. The new terms take effect within 24 hours from the moment of their publication on the Provider’s Website.
The Provider is not responsible for the content placed on the server by the Subscriber.
The Provider does not guarantee an SLA (guaranteed availability), except where the Subscriber orders the infrastructure administration and support service.
The Provider is not responsible for hacking attacks, data leaks and other cases of data damage or harm to the Subscriber’s reputation if these cases occurred through the Subscriber’s fault. The exception is the Subscriber ordering the additional infrastructure administration and support service.
The Provider has the right not to guarantee a certain network speed on the hosting or virtual server due to maintaining a Fair Use Policy.
The Provider does not check the content provided by the Subscriber, except when a substantiated complaint about the Subscriber’s content is received from third parties.
The Provider has the right to stop the Subscriber’s servers if it is necessary to carry out maintenance, recovery following hacking attacks, natural disasters and other emergencies.
5. Prohibitions
It is prohibited to host pornographic materials, links to and advertising of pornographic resources or resources using pornographic scenes and the like.
It is prohibited to host and use software or content prohibited by the applicable law of Ukraine, as well as such that infringes copyright and related rights.
It is prohibited to host and use on the Provider’s servers software for phishing, grabbing, botnets and other illegal tools that violate the rules of legal operation on the Internet.
Mass mailing (sending emails to users) is prohibited if such mailing is spam, i.e. not requested by users and not containing valid indications of the sender or the party ordering the mailing.
It is prohibited to place network scanners to gain unauthorized access to certain resources, to carry out DDoS attacks and other unlawful actions.
6. Termination of services at the Provider’s initiative
The Provider has the right to suspend the provision of its services at its own discretion, instantly and without warning, in the following cases:
If a mass mailing of emails to users who did not consent to receiving such emails was recorded;
If defamation, distribution of personal information, or infringement of copyright, related and intellectual property rights by the Subscriber was recorded;
In case of violation of the right to privacy of personal life and property, posting of false information or defamation;
If the Subscriber, through their content and software, insults users, incites interethnic, ethnic or racial hostility, promotes terrorism, violence and murder;
If the Subscriber interferes with the normal and stable operation of the servers, network resources and other resources of the Provider;
If the Subscriber refused to update their personal data or knowingly provided false information to the Provider;
If the Subscriber uses offensive or obscene language in communication with the Provider’s employees or spreads defamation about the Provider.
7. Refunds
The Provider defines the following rules for refunding the Subscriber:
In the case of a refund of unused funds from the Subscriber’s personal account on the Website, an accounting service fee of UAH 150 is charged from the refund amount. The payment system fee is charged additionally;
If the refund occurs due to the impossibility of using the service ordered by the Subscriber through the fault of the Provider (the network is down, the host machine is faulty, or problems with the mechanical part of the server (hardware) are detected), the refund is made without charging a fee within 30 banking days upon prior agreement with the Provider;
A refund is not possible if the Subscriber violated the Terms of Use of the services;
Refunds for additional services are not made;
If, through the Subscriber’s fault, the Provider incurred losses (due to shutdown of servers, networks, the Provider’s IP being blacklisted), the amount of the Provider’s recovery costs is deducted from the refund amount;
If the Subscriber caused significant damage to the Provider’s reputation, the Provider has the right to withhold the Subscriber’s funds.
8. Annexes to the agreement
The Annexes are an integral part of this Agreement.
Annex No. 1 — Privacy Policy.