Terms of Service

OVERVIEW

This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between Mr Serhii Skurikhin, registered address prov. Donbasivskyi 19, kv. 59, Kharkiv, Ukraine (“HOSTiQ.UA”) and you, and is made effective as of the date of your use of this website (“Site”) or the date of electronic acceptance. This Agreement 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 Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement.

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

ELIGIBILITY; AUTHORITY

This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of Ukraine or other applicable jurisdiction. If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, HOSTiQ.UA finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. HOSTiQ.UA shall not be liable for any loss or damage resulting from HOSTiQ.UA’s reliance on any instruction, notice, document or communication reasonably believed by HOSTiQ.UA to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, HOSTiQ.UA reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.

ACCOUNTS; TRANSFER OF DATA ABROAD

Accounts. In order to access some of the features of this Site or use some of the Services, you will have to create an Account. You represent and warrant to HOSTiQ.UA that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete.If HOSTiQ.UA has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, HOSTiQ.UA reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, Payment Method(s) (as defined below).For security purposes, HOSTiQ.UA recommends that you change your password at least once every six (6) months for each Account. You must notify HOSTiQ.UA immediately of any breach of security or unauthorized use of your Account. HOSTiQ.UA will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss HOSTiQ.UA or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.

Transfer of Data Abroad. If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.

AVAILABILITY OF WEBSITE/SERVICES

Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

CLIENT AREA

The account panel associated with Your Account (“Client Area”) enables You to purchase, renew, extend, suspend or cancel Service(s). You acknowledge and agree that You will not use the Client Area to abuse and/or overload any of Our Systems or Services or any API. Abuse of the Client Area will be determined in Our sole and absolute discretion. It includes but is not limited to repetitive, high volume requests, inquiries, calls or other excessive use or abuse of Our Systems or Service(s) or any API. You further agree to abide by such guidelines on acceptable use of Our Services (and/or the Client Area) as set forth by Us, which may change at any time in Our sole and absolute discretion. In addition to any other right to terminate, HOSTiQ.UA specifically has the right to immediately terminate Your Account, without notice or right to cure, in the event that You violate this term.

ACCOUNT USE

You are responsible for the security of Your Account access credentials. HOSTiQ.UA will not change passwords to any account. Should You need to restore access to Your account, You will need to provide Us with appropriate identification, as determined by Us in Our sole discretion, and We will initiate a password reset process for You to complete. In the event of any partnership break-up, divorce or other legal problems that includes You, You understand that HOSTiQ.UA will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will HOSTiQ.UA be liable for any losses incurred by You during this time of determination of ownership, or otherwise. You agree to defend (through counsel of Our choosing), indemnify and hold harmless HOSTiQ.UA from any and all claims arising from such ownership disputes. If you are required to supply or transmit sensitive information to HOSTiQ.UA you should take all due precautions to provide any sensitive information over a secure communication channel.

BILLING AND PAYMENT: TERMINATION & CANCELLATION POLICY

Billing and Payment. All fees for the Services shall be in accordance with HOSTiQ.UA’s fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the time You order the Services, unless otherwise noted. You may pay for Services by providing a valid credit or debit card, or any other payment method then accepted by HOSTiQ.UA (each a “Payment Method”); provided, however, that We may at Our option require that You pay fees through a particular payment means (such as by credit card) or that You change from one payment provider to another. All prices and fees are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated, or transferred prior to the end of the Services term. HOSTiQ.UA expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this site, or the relevant site of the Service, and effective immediately without need for further notice to You. If You have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.

IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, MOST SERVICES OFFER AN AUTOMATIC RENEWAL OPTION. THE AUTOMATIC RENEWAL OPTION WILL ATTEMPT TO AUTOMATICALLY RENEW THE APPLICABLE SERVICE FOR A RENEWAL PERIOD EQUAL IN TIME TO THE MOST RECENT SERVICE PERIOD, EXCEPT FOR DOMAIN NAMES WHICH WILL RENEW FOR THE ORIGINAL SERVICE PERIOD. FOR EXAMPLE, FOR PRODUCTS OTHER THAN DOMAINS, IF YOUR LAST SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL BE FOR ONE YEAR. WITH THE AUTOMATIC RENEWAL OPTION, HOSTiQ.UA WILL ATTEMPT TO RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD YOU HAVE ON FILE WITH US AT HOSTiQ.UA’S THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. PLEASE NOTE THAT RENEWAL DATES VARY BY SERVICE. YOU MAY ENABLE OR DISABLE THE AUTOMATIC RENEWAL OPTION AT ANY TIME. HOWEVER, SHOULD YOU ELECT TO DISABLE THE AUTOMATIC RENEWAL OPTION AND FAIL TO MANUALLY RENEW YOUR SERVICES BEFORE THEY EXPIRE OR IF YOUR PAYMENT METHOD CHOSEN FOR YOUR AUTOMATIC RENEWAL SHOULD FAIL, YOU MAY EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, AND HOSTiQ.UA SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME. HOSTiQ.UA RESERVES THE RIGHT TO DETERMINE WHETHER A SECOND ATTEMPT AT PAYMENT WILL BE MADE SHOULD THE CHOSEN PAYMENT METHOD FAIL.

IN ADDITION, HOSTiQ.UA MAY PARTICIPATE IN “RECURRING BILLING PROGRAMS” OR “ACCOUNT UPDATER SERVICES” SUPPORTED BY YOUR THIRD-PARTY BILLING PROVIDER. IF YOU ARE ENROLLED IN AN AUTOMATIC RENEWAL OPTION AND WE ARE UNABLE TO SUCCESSFULLY CHARGE YOUR EXISTING PAYMENT METHOD, YOUR CREDIT CARD PROVIDER (OR YOUR BANK) MAY NOTIFY US OF UPDATES TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, OR THEY MAY AUTOMATICALLY CHARGE YOUR NEW CREDIT CARD ON OUR BEHALF WITHOUT NOTIFICATION TO US. IN ACCORDANCE WITH RECURRING BILLING PROGRAM REQUIREMENTS, IN THE EVENT THAT WE ARE NOTIFIED OF AN UPDATE TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, HOSTiQ.UA WILL AUTOMATICALLY UPDATE YOUR PAYMENT PROFILE ON YOUR BEHALF. HOSTiQ.UA MAKES NO GUARANTEES THAT WE WILL REQUEST OR RECEIVE UPDATED CREDIT CARD INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO MODIFY AND MAINTAIN YOUR ACCOUNT SETTINGS, INCLUDING BUT NOT LIMITED TO (I) SETTING YOUR RENEWAL OPTIONS AND (II) ENSURING YOUR ASSOCIATED PAYMENT METHOD(S) ARE CURRENT AND VALID. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT YOUR FAILURE TO DO SO MAY RESULT IN THE INTERRUPTION OR LOSS OF SERVICES, AND HOSTiQ.UA SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.

If for any reason HOSTiQ.UA is unable to charge your payment method for the full amount owed for the Services provided, or if We receive notification of a chargeback, reversal, payment dispute, or are charged a penalty for any fee previously charged to your payment method, You agree that HOSTiQ.UA may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to You, of any domain names or Services registered or renewed on Your behalf.

If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchased the products or Services. If You signed up for an annual (or longer) payment plan, and You elected the automatic renewal option, HOSTiQ.UA will automatically renew Your Services when they come up for renewal and will take payment in accordance with the designated payment method at HOSTiQ.UA’s then current rates.

Currency. While all purchases are processed in Ukrainian hryvnias, HOSTiQ.UA may provide an estimated conversion price to currencies other than Ukrainian hryvnias. You acknowledge and agree that the pricing displayed during the checkout process is an estimate. Due to potential slight time delays between actual purchase and the payment settlement, the actual price charged may fluctuate. Accordingly, HOSTiQ.UA makes no representations or warranties that the actual price will be the same or substantially similar to the actual price You will pay and You waive any and all claims based upon any discrepancy between the estimate and the actual price. Any amounts to be charged will appear during the checkout process.

Termination & Cancellation Policy. The initial term of Your agreement with HOSTiQ.UA shall be as set forth in Your Order Form. The Initial Term shall begin upon commencement of the Services in the Order Form. After the Initial Term, your agreement with HOSTiQ.UA shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or cancelled by either party as provided in this section.

This agreement may be terminated: (i) by You when You discontinue the use of Our Services or (ii) by HOSTiQ.UA at any time, without prior notice, if, in HOSTiQ.UA’s judgment, You are in violation of any terms or conditions herein; or (iii) in HOSTiQ.UA’s sole judgment, Your use of the Services places or is likely to place unreasonable demands upon HOSTiQ.UA or could disrupt HOSTiQ.UA’s business operations; or (iv) by HOSTiQ.UA if it so determines that You are or are alleged to be violating the terms and conditions of any other agreement entered into by You and HOSTiQ.UA.

In the event of termination or suspension of Services under the above circumstances, You agree (a) that no pre-paid fees will be refunded to You; and (b) that HOSTiQ.UA may take control of any domain name associated with the terminated Services, provided such domain name was registered through the domain name registration of HOSTiQ.UA.

Refunds do NOT apply to Services unless otherwise specified.

In the event of termination of this Agreement caused by Your default hereunder, You shall bear all costs of termination, including any reasonable costs HOSTiQ.UA incurs in closing Your account. You agree to pay any and all costs incurred by HOSTiQ.UA in enforcing Your compliance with this section. Upon termination, You shall destroy any copy of the materials provided to You hereunder and HOSTiQ.UA herein. You agree that upon termination or discontinuance for any reason, HOSTiQ.UA may delete all information related to You on the Services.

ACCEPTABLE USE POLICY

You acknowledge and agree that:

1. Your use of this Site and the Services, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.

2. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.

3. You will not use this Site or the Services in a manner (as determined by HOSTiQ.UA in its sole and absolute discretion) that:

  • Is illegal, or promotes or encourages illegal activity;
  • Promotes, encourages or engages in child pornography or the exploitation of children;
  • Promotes, encourages or engages in terrorism, violence against people, animals, or property;
  • Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
  • Promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
  • Infringes on the intellectual property rights of another User or any other person or entity;
  • Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
  • Interferes with the operation of this Site or the Services found at this Site;
  • Contains or installs any viruses, worms, bugs, Trojan horses, Cryptocurrency Miners or other code, files or programs designed to, or capable of, using many resources, disrupting, damaging or limiting the functionality of any software or hardware; or
  • Contains false or deceptive language, or unsubstantiated or comparative claims, regarding HOSTiQ.UA or HOSTiQ.UA’s Services.

4. You will not copy or distribute in any medium any part of this Site or the Services, except where expressly authorized by HOSTiQ.UA.

5. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.

6. You will not access HOSTiQ.UA Content (as defined below) or User Content through any technology or means other than through this Site itself, or as HOSTiQ.UA may designate.

7. You agree to back up all of your User Content so that you can access and use it when needed. HOSTiQ.UA does not warrant that it backs up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.

8. You will not re-sell or provide the Services for a commercial purpose, including any of HOSTiQ.UA’s related technologies, without HOSTiQ.UA’s express prior written consent.

9. You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.10. You are aware that HOSTiQ.UA may from time-to-time call you about your account. You will be informed about such recording, purposes thereof, as well as any other information will be provided to you as required by applicable law. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding, in which HOSTiQ.UA is a party.

HOSTiQ.UA reserves the right to modify, change, or discontinue any aspect of this Site or the Services, including without limitation prices and fees for the same, at any time.

YOUR USE OF HOSTIQ.UA CONTENT AND USER CONTENT

In addition to the general rules above, the provisions in this Section apply specifically to your use of HOSTiQ.UA Content and User Content posted to HOSTiQ.UA’s corporate websites (i.e., those sites which HOSTiQ.UA directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.Except for User Content, the content on this Site and the Services, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“HOSTiQ.UA Content”), are owned by or licensed to HOSTiQ.UA in perpetuity, and are subject to copyright, trademark, and/or patent protection in Ukraine and foreign countries, and other intellectual property rights under Ukraine and foreign laws. HOSTiQ.UA Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of HOSTiQ.UA. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. HOSTiQ.UA reserves all rights not expressly granted in and to the HOSTiQ.UA Content, this Site and the Services, and this Agreement does not transfer ownership of any of these rights.

User Content. Some of the features of this Site or the Services may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). User Content includes all content submitted through your Account. By posting or publishing User Content to this Site or to the Services, you represent and warrant to HOSTiQ.UA that (i) you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party.

Security. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any HOSTiQ.UA Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the HOSTiQ.UA Content or the User Content therein.

HOSTIQ.UA’S USE OF USER CONTENT

The provisions in this Section apply specifically to HOSTiQ.UA’s use of User Content posted to HOSTiQ.UA’s corporate websites (i.e., those sites which HOSTiQ.UA directly controls or maintains). The applicable provisions are not intended to and do not have the effect of transferring any ownership or licensed rights (including intellectual property rights) you may have in content posted to your hosted websites.

Generally. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.

With Respect to User Submissions. You acknowledge and agree that:

  1. Your User Submissions are entirely voluntary.
  2. Your User Submissions do not establish a confidential relationship or obligate HOSTiQ.UA to treat your User Submissions as confidential or secret.
  3. HOSTiQ.UA has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.
  4. HOSTiQ.UA may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.

HOSTiQ.UA shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.

With Respect to User Content (Other Than User Submissions).

If you have a website or other content hosted by HOSTiQ.UA, you shall retain all of your ownership or licensed rights in User Content.

By posting or publishing User Content to this Site or through the Services, you authorize HOSTiQ.UA to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement. You hereby grant HOSTiQ.UA a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services and HOSTiQ.UA’s (and HOSTiQ.UA’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that HOSTiQ.UA may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, HOSTiQ.UA shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site or HOSTiQ.UA’s (or HOSTiQ.UA’s affiliates’) business(es).

STORAGE AND SECURITY

You are entirely responsible for maintaining the confidentiality of Your Account access credentials (including but not limited to Your customer username/login, Support PIN, password and API key (if any)) and Account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with Your content displayed, linked, transmitted through or stored on or hosted on Our server.You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your content; (ii) maintain independent archival and backup copies of Your content; (iii) ensure the security, confidentiality and integrity of Your content transmitted through or stored on HOSTiQ.UA’s servers; and (iv) ensure the confidentiality of Your password.

HOSTiQ.UA’s servers are not an archive and HOSTiQ.UA shall have no liability to You or any other person for loss, damage or destruction of any of Your content. Though some Services offered by HOSTiQ.UA are PCI (Payment Card Industry) compliant, they should not be utilized as such without further compliance activity with respect to Your business. HOSTiQ.ua shall have no liability to You or any other person for Your use of HOSTiQ.ua Services in violation of these terms. Further, You agree not to undertake any activities that may impact or place at risk HOSTiQ.ua’s ability to maintain Our PCI compliance. We reserve the right to take any action necessary to ensure Our ongoing PCI compliance status.

NON-EXCLUSIVE RIGHT TO USE, LINKS TO THIRD-PARTY WEBSITES

In using Our Services, You may be granted the ability to use Our software and/or third-party software that We make available for Your use. You may also choose to add and use third-party software in connection with Our Services. Moreover, We may offer third-party products and services that require You to access their website in order to complete Your purchase and/or agree to additional terms and conditions. For these situations, the following provisions apply.

HOSTiQ.UA Non-Exclusive Right To Use. If You have been given permission or the ability to use software from HOSTiQ.UA, HOSTiQ.UA grants You a limited, non-exclusive, non-transferable and non-assignable right and ability to use the software for such purposes as are ordinary and customary. You agree to not alter or modify the software. You agree You are not authorized to combine the software with any other software program, create derivative works based upon the software, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code.HOSTiQ.UA reserves all rights to the software. The software and any copies You are authorized to make are the intellectual property of HOSTiQ.UA. The source code and its organization are the exclusive property of HOSTiQ.UA and the software is protected by copyright law. Except as expressly provided for in this section, this Agreement does not grant You any rights in the software and all rights are reserved by HOSTiQ.UA.

Any such software and Services are provided to You “as is” without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.

Third-Party Software Use. HOSTiQ.UA provides some third-party software to You for easier account management. Such software is provided on an “as is” as available basis. We do not guarantee that any specific results can be obtained by using such software. HOSTiQ.UA does not take responsibility for any faults in such software functioning. You agree that Your use of any HOSTiQ.UA Services shall be used by You in accordance with the terms of any relevant third-party licenses. Your failure to abide by any third-party license may result in the immediate termination of Your Services by HOSTiQ.UA.You can add and use third-party software on Your account only if it is compatible with Our servers and is approved by HOSTiQ.UA. Your use of any third-party software is at Your own risk. HOSTiQ.UA does not control and therefore cannot be responsible for any third-party software performance and provides no guarantees that its use will result in any particular outcome or result. HOSTiQ.UA will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third-party software or products. HOSTiQ.UA reserves the right, at its sole discretion, to terminate, suspend, cancel or alter Your access to third-party software at any time.You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup.

Links to Third-Party Websites Provided By Us. This site and the Services offered by HOSTiQ.UA, may contain links to third-party websites that are not owned or controlled by Us. HOSTiQ.UA assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, HOSTiQ.UA does not censor or edit the content of any third-party websites. By using this site or Our Services, whether provided directly by Us or by a third-party, You expressly release HOSTiQ.UA from any and all liability arising from Your use of any third-party website and/or services offered by them. Accordingly, HOSTiQ.UA encourages You to be aware when You purchase or use products/services of third-parties and to review the terms and conditions, privacy policies, and other governing documents of each other website that You may visit. As between You and HOSTiQ.UA, this Agreement and all of Our policies and additional terms control Our relationship with You.

PRIVACY

HOSTiQ.UA’s Privacy Policy is applicable to all Services. The Privacy Policy sets out Your rights and HOSTiQ.UA’s responsibilities with regard to Your personal information. HOSTiQ.UA will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy. You agree that HOSTiQ.UA, in its sole discretion, may modify the Privacy Policy, and You further agree that, by using the Services after such modifications become effective, You have agreed to these modifications. You acknowledge that if You do not agree to any such modification, You may terminate this Agreement. HOSTiQ.UA will not refund any fees paid by You if You terminate your Agreement under this provision. You represent and warrant that You have provided notice to, and obtained consent from, any third-party individuals whose personal data You supply to HOSTiQ.UA as part of the Services with regard to: (i) the purposes for which such third party’s personal data has been collected; (ii) the intended recipients or categories of recipients of the third party’s personal data; (iii) which parts of the third party’s data are obligatory and which parts, if any, are voluntary; and (iv) how the third party can access and, if necessary, rectify the data held about them. You further agree to provide such notice and obtain such consent with regard to any third party personal data You supply to HOSTiQ.UA in the future. HOSTiQ.UA is not responsible for any consequences resulting from Your failure to provide notice or receive consent from such individuals nor for Your providing outdated, incomplete or inaccurate data.

MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY

HOSTiQ.UA generally does not pre-screen User Content (whether posted to a website hosted by HOSTiQ.UA or posted to this Site). However, HOSTiQ.UA reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. HOSTiQ.UA may remove any item of User Content (whether posted to a website hosted by HOSTiQ.UA or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by HOSTiQ.UA in its sole and absolute discretion), at any time and without prior notice. HOSTiQ.UA may also terminate a User’s access to this Site or the Services found at this Site if HOSTiQ.UA has reason to believe the User is a repeat offender. If HOSTiQ.UA terminates your access to this Site or the Services found at this Site, HOSTiQ.UA may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.

ADDITIONAL RESERVATION OF RIGHTS

HOSTiQ.UA expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by HOSTiQ.UA in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by HOSTiQ.UA in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of HOSTiQ.UA, its officers, directors, employees and agents, as well as HOSTiQ.UA’s affiliates, including, but not limited to, instances where you have sued or threatened to sue HOSTiQ.UA.HOSTiQ.ua expressly reserves the right to terminate, without notice to you, any and all Services where, in HOSTiQ.UA’s sole discretion, you are harassing or threatening HOSTiQ.UA and/or any of HOSTiQ.UA’s employees.

NO SPAM; LIQUIDATED DAMAGES

No Spam. We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming. Customers suspected to be using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:

  • Email Messages
  • Newsgroup postings
  • Windows system messages
  • Pop-up messages (aka “adware” or “spyware” messages)
  • Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)
  • Online chat room advertisements
  • Guestbook or Website Forum postings
  • Facsimile Solicitations
  • Text/SMS Messages

We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations but you must also abide by this no spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have “opted-in” to receive messages. They must include a legitimate return address and reply-to address, the sender’s physical address, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number.

If we determine the services in question are being used in association with spam, we will re-direct, suspend, or cancel any web site hosting, domain registration, email boxes or other applicable services until the customer responds. The registrant or customer will be required to respond by email to us stating that they will cease to send spam and/or have spam sent on their behalf. In the event we determine the abuse has not stopped after services have been restored the first time, we may terminate the hosting and email boxes associated with the domain name in question.We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email support@hostiq.ua.

Liquidated Damages. You agree that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.

DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. HOSTiQ.UA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HOSTIQ.UA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND HOSTiQ.UA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY HOSTIQ.UA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD-PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

LIMITATION OF LIABILITY

IN NO EVENT SHALL HOSTIQ.UA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT HOSTIQ.UA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL HOSTiQ.UA’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

INDEMNITY

You agree to protect, defend, indemnify and hold harmless HOSTiQ.UA and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by HOSTiQ.UA directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

NO THIRD-PARTY BENEFICIARIES

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

COMPLIANCE WITH LOCAL LAWS

HOSTiQ.UA makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.

GOVERNING LAW; JURISDICTION; VENUE; WAIVER OF TRIAL BY JURY

This Agreement shall be governed by and construed in accordance with the law of Ukraine. You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of this Agreement.

FORCE MAJEURE

Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over HOSTiQ.UA, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this section extends for a period in excess of thirty (30) days in the aggregate, HOSTiQ.UA may immediately terminate this Agreement.

HEADINGS

The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

CONTACTS

If you have any questions about this Agreement, please contact us by email or regular mail at the following address:

prov. Donbasivskyi 19, kv. 59
Kharkiv, 61016
Ukraine

billing@hostiq.ua

+380800503510

+380957082584