Acceptable Use Policy

The information provided below is the Acceptable Use Policy present on the HOSTiQ.ua website and is part of the official Terms of Service.

The present Acceptable Use Policy is legally valid in accordance with the Ukrainian law. The clauses of the Acceptable Use Policy are the same for all the consumers and cannot be modified by the contracting party.

A Client registration in the account system on the Executor’s web server means a total and unconditional acceptance of the Acceptable Use Policy.

1. Resource usage

Shared Hosting

1.1. Services (resources) limits cannot be exceeded for more than 30 seconds according to the tariff plan used by the Client and provided by the Executor.

1.2. The Executor is not responsible for unauthorized access to the Client’s web system (including such access that led to errors occurring, downtime, files deletion, functions modifications and so on).

1.3. In order to prevent unauthorized access to the web system, unauthorized newsletters, viruses or any other malware the Executor uses antivirus software on the servers. But the undertaken measures cannot be interpreted by Parties for objective reasons as measures guaranteeing prevention of such events and cannot be the basis for raising any claims by the Client to the Executor.

1.4. The Client is required to use the MySQL database in a way that does not disrupt a server’s performance. Otherwise, the time of access to such a resource can be limited by the Executor.

1.5. When providing hosting services the Executor does not initiate the information transfer, does not choose the information recipient, has no impact on the integrity of the transferred information, either stored, published or distributed by the Client using the services provided by the Executor, and is not responsible for accuracy, quality and content of such information.

1.6. The Executor is not responsible for a third party’s rights violations arising from the Client’s actions and carried out by using the services provided by the Executor.

1.7. The Executor has the right to suspend services according to the acting Contract in case the Client does the following:

Advertises services, goods or any other materials that are forbidden or limited for distribution by the acting law;
Sends emails or other messages from non-existing return email addresses;
Carries out actions or mediation for such actions aimed at the disruption of Internet network elements functioning (computers, other hardware or software) not belonging to the Client, including DoS/DDoS attacks, usage of Botnet or public DNS resolvers with the allowed recursion;
Publishes and/or distributes any information contradicting the acting Ukrainian or international law;
Uses objects of intellectual property without the owner’s consent, with the exception of cases when such usage is allowed by law without needing the consent of the owner;
Publishes and/or distributes any information or software containing viruses or capable of harming other Internet users;
Reproduces or distributes software protected by copyright or any other right without the owner’s consent or that of the legal software owner;
Sends newsletters or forwards “chain” messages of any kind;
Sends SPAM, i.e. messages delivered to internet users without their preliminary consent and/or messages not allowing to identify the sender, also due to the reason of indicating a non-existent or falsified email address in the sender’s field;
Carries out attempts of unauthorized access to the Executor’s resources and to other systems available via Internet;
Publishes or carries out fraud schemes, publishes information on how to break software or any other similar actions;
Publishes any software with the intent of hiding the real client’s IP address and aimed at illegal actions, namely open and private proxy software (3proxy, TOR in any mode and others), and also any other software similar to it, including any other software similar to proxying or iptables configuration (port forwarding);
Hosts anonymous online conferences including IRC servers;
Hosts websites with pharmaceutical profiles and publishes sale offers of any medication without providing official documents confirming a permit to sell such medication; uses the services to host websites offering or advertising selling of chemical substances belonging to the class of narcotic or psychotropic substances;
Distributes secret and personal information without providing an official document permitting the distribution of such data;
Launches public bit-torrent and any P2P applications;
Obtains unlawful/unauthorized access to the Executor’s computer systems and networks as well as to a third party’s computer systems available via internet;
Uses the service as a transit proxy server from the UA-IX environment into the global world environment or vice versa;
Knowingly uses non-optimal system settings that negatively impact the Executor’s hardware performance and hinder the service provision to other users;
Uses anonymizers.

1.8. The Executor has also the right to suspend the services according to the acting Contract if the Executor receives messages (complaints) about sending spam from any internet location and advertising the Client’s web system (or informing about the Client’s web system).

1.9. The Executor has the right to suspend services without notifying the Client in the following cases:

If in the Executor’s opinion the service usage by the Client can harm the Executor and/or disrupt the functioning of the Executor’s and/or of a third party’s software;
If the Client undertakes any actions concerning publication, distribution, sending out or transferring in any way any information or software containing viruses or other harmful components;
If the Client undertakes any actions concerning publication, distribution, sending out or transferring in any way any information or software containing computer codes, files or programs intended to disrupt, destroy or limit the functionality of any computer or any telecommunication equipment or software aimed at obtaining unauthorized access;
If the Client undertakes any actions concerning publication, distribution, sending out or transferring in any way any information or software containing serial numbers of software products or programs for its generation, user details and other means of obtaining unauthorized access to paid resources on the internet as well as providing links to the above mentioned information.

1.10. The Executor provides the Client with a free transfer service (transfer of a website/of websites) from another hosting (not the Executor’s one) to shared hosting in case the Client chooses at least a quarterly billing cycle for the service. In case the transfer is technically complex and/or requires a lot of work, the Executor has the right to ask the Client to pre-pay the shared hosting service for a longer period or to issue an invoice for the transfer service according to the established payment scheme for engineers’ work. The Client is to be informed of the price of such a transfer. The Executor has the right to refuse the transfer due to technical reasons and is required to inform the Client about it before or during the transfer.

1.11. When using the services it is forbidden to:

Limit other users’ access to the internet or prevent other users from using it;
Use the services for creating obstacles in the Executor’s computer systems work and/or of the clients, for scanning and other destructive actions towards the Executor’s computer networks and systems as well as to other networks and systems on the internet. Organizing DoS, SYN-flood, UDP-flood attacks and any other similar actions is also forbidden;
Use the services for illegal/unauthorized access to computer systems and networks of the Executor as well as to a third party’s computer networks and systems available via the internet. Searching passwords (which is not considered access yet as such) is also forbidden, as well as actions towards obtaining unauthorized access to systems belonging to a third party. Use the services for carrying out actions aimed at creating networks with unlawful purposes and those mentioned in the previous sections of the Acceptable Use Policy (organizing Botnet, using hosting services as a botnet controller);
Use the service as a transit proxy server from the UA-IX environment to the global world one or vice versa, as well as carry out any actions aimed at obtaining anonymous access to external networks with the help of a virtual server as a transit point, for example, TOR and other networks aimed at hiding the information about network activity as well as creating IRC servers;
Host any software aimed at hiding the client’s real IP address and at carrying out illegal actions. This software includes open and private proxy software (3proxy, TOR and others) and any other software similar to it, including any iptables settings similar to proxying (port forwarding);
Carry out any commercial and non-commercial activity concerning information selling, reselling and distributing (software and other products), which the Client does not hold any rights to, if such actions are not specifically authorized by the owner of such information, software or other products;
Use file exchange software;
Use hosting services as a financial pyramid (HYIP);
Use hosting services as an online casino;
Use hosting services as a gambling business;
Use hosting services for doorway, websites/web pages specifically optimized for one or several search requests with the purpose of getting higher rankings in the search engines for these requests.

2. Acceptable Use Policy of Shared Hosting

2.1. When using the Executor’s services the Client is obliged to comply with the following requirements:

the number of requests to databases that last more than 1 second cannot exceed 10% of all requests of such kind on the server at any moment;
every account cannot use more than 25% of total server CPU on average per day;
no more than 20 PHP processes can be run simultaneously;
cron jobs cannot be launched more often than once in 15 minutes. It is prohibited to launch more than 5 cron jobs simultaneously;
connecting to MySQL and PostgreSQL databases is only allowed if using website scripts hosted on the same server. It is not allowed to connect to shared hosting databases from external servers: , VPS or third-party servers.

2.2. Disk subsystem usage

The data hosted on the Client’s website should consist of HTML pages and pages of similar type at 90% and higher. It is allowed to host pages with standard design consisting of text and HTML-based graphics. Uploaded files, media, streaming content or files exceeding 500 KB size cannot take up more than 10% of the disk space on the server. When using the Executor’s services the Client is required to comply with the following limitations:

Sound, video and any other media files (such as .avi, .mp3, .mpeg, .jpg, .gif and similar ones) cannot take up more than 5,000 MB of the server disk space;
Archives and images cannot take up more than 5,000 MB of the server disk space;
Databases including database dumps and sql files cannot take up more than 5,000 MB of the server disk space;
Files being executed and other files that are a result of software compilation cannot take up more than 5,000 MB of the server disk space;
Email files cannot take up more than 5,000 MB of the server disk space;
If the limits are regularly exceeded (5 and more times), the Executor has the right to suspend the service.

2.3. Email services usage

When using email services the Client is required to comply with the following:

Send up to 200 emails per domain within one hour;
Every email sent by the Client must not have more than 20 recipients;
Usage of email clients with the configured IMAP protocol is allowed only for email accounts with the size not exceeding 5 GB;
Usage of email clients with the configured POP3 protocol is allowed only for email accounts with the size not exceeding 1 GB;
In case of using an email client via POP3 the allowed number of checks is 100 per hour;
Sending email bypassing the local mail service is only possible via a third-party SMTP server. It is not allowed to send mail by any other software bypassing the local mail service.

3. Acceptable Use Policy on Domain Registration and Renewal

3.1. The conditions under which domain registration and renewal services are provided are set out by the Acceptable Use Policy in question as well as by the rules of domain registration used for domain registration in the corresponding domain zone.

3.2. An unpaid order for domain registration is not considered booking of the domain name by the Executor for the Client.

3.3. When using domain registration and renewal services the Client is required to comply with the Ukrainian and international law.

3.4. The Client controls the domain expiration date by themselves, and the Executor is not responsible for consequences related to the domain expiration if the Client does not order domain renewal in advance or if the Executor does not renew the domain because of the Client’s breach of contract.

4. Acceptable Use Policy on SSL Certificates Registration

4.1. The Client is required not to use the services for activities forbidden by either Ukrainian or international law.

4.2. The Client is responsible for non-compliance with the acting law, for illegal actions carried out by the Client or a third party with the help of the services provided by the Executor.