Public contract on provision of Protection against incoming spam MailChannels
1. Terminology
1.1. In this Agreement, unless explicitly specified otherwise, such capitalized words are definitions of this Agreement and have the following meanings in the singular:
1.1.1. Site - a site on the Internet under the domain name https://hostpro.ua/en/ , both in full and making use of any part of it;
1.1.2. Protection against incoming spam - spam filter MailChannels;
1.1.3. Domain Name - a part of the hierarchical address space of the Internet that has a unique title/name that identifies it;
1.1.4. Registry - hierarchical database on the Internet to which information about the Domain Name is entered and stored, and other information may be captured and stored;
1.1.5. Registration - entering information about the Domain Name in the Registry;
1.1.6. Server - a software and hardware computer system that performs service functions by providing access to certain resources on the Internet, and in terms of access conditions and the volume of users access to such a system, can be divided into shared server, virtual dedicated server, and dedicated physical server;
1.1.7. Hosting – the usage of tools to host data on the Server;
1.1.8. Price - the MailChannels price set by the Contractor;
1.1.9. Tariff Plan - service parameters that are set by the Contractor, and include one Price for a certain amount of protection against incoming spam;
1.1.10. Customer - a person in receipt of Protection against incoming spam;
1.1.11. Contractor - the provider of Protection against incoming spam;
1.1.12. Order - an electronic message confirming the purchase of Protection against incoming spam, sent by the Customer from the Site and using the form provided on the Site;
1.1.13. Administrator - a person who establishes the rules and conditions of circulation of the Domain Name, and the functioning of the Registry;
1.1.14. Registrar - the Contractor, or other person, who performs verification of the Order for compliance with the rules and conditions of the Administrator;
1.1.15. Registrant - the Customer, or other person, for whom the Registration is completed;
1.1.16. Personal Account - a specific section of the Site accessed by the Customer after the Order is formed, which may contain information about the Customer, a list of active services procured by the Customer, a list of invoices paid by the Customer, a dated list of content of electronic messages sent by the Contractor to the Customer, and may contain other relevant information;
1.1.17. Login - a set of symbols specified by the Customer's e-mail box, which serve as the Customer's identifier for access to the Personal Account;
1.1.18. Mailbox - electronic mailbox of the Customer, the set of symbols of which forms the Login;
1.1.19. Password - a unique set of symbols specified by the Customer according to the requirements of the Site which, in addition to the Login, serve as the Customer's identifier for access to the Personal Account;
1.1.20. Confirmation - electronic recognition of the Order sent by the Contractor to the Mailbox;
1.1.21. Proxy server - software that acts as an intermediary between computers and/or servers;
1.1.22. DNS server - domain name services that contain domain name configuration files;
1.1.23. Personal data - information about the individual of the Customer, as defined by law;
1.1.24. Traffic - the total amount of data (files, mail, etc.) that passes through the Server over a certain period of time;
1.1.25. Authorization Information - a set of information that gives the Customer access to Protection against incoming spam;
1.1.26. Supplier - MailChannels, Inc. ( www.mailchannels.com );
1.1.27. Spam - one or all of the following actions: depending on the implementation of an organized mass distribution of information of an advertising, commercial or propaganda nature to other network users without their consent; letters containing rude and offensive statements and suggestions; posting in any conference or forum messages of an advertising, commercial or propaganda nature, except when such messages are allowed by the rules of such conference or forum, or their placement was previously agreed with the owners or administrators of such conference or forum.
1.2. Unless explicitly specified otherwise, when the definitions of this Agreement are used in the plural in this Agreement, its meaning is identical to that of the singular, but taking into account the plural.
2. Confirmation
2.1. The Customer confirms that the Customer:
2.1.1. Provides reliable information in the Order;
2.1.2. makes a conscious choice of the Tariff Plan without violating the property and/or non-property rights of any person and has sufficient information about the Contractor, the Supplier, the Rules for the use of virtual hosting services and the Internet, which are posted on the Site, the rules and conditions of the functioning of the Personal Account, the circulation of the Domain Name, and the functioning of the Registry, Rules for providing Inbound Spam Protection;
2.1.3. recognizes that the Administrator has the right to establish/amend the rules and conditions of the circulation of the Domain Name and the functioning of the Registry, and that the Contractor, the Supplier has the right to establish/amend the rules and conditions of the provision of the Hosting, providing Inbound Spam Protection;
2.1.4. recognizes that the Administrator, Contractor, Supplier, Registrar has the right to block, shut down the operation of the Domain Name, Hosting, providing Inbound Spam Protection and perform other actions in relation to the Customer in case of violation by the Customer, the Registrant of any person’s rights, the Rules for the use of virtual hosting services and the Internet, which are posted on the Site, rules of the providing Inbound Spam Protection, rules and conditions of circulation of the Domain Name, functioning of the Registry, including in case of violation of intellectual property rights in connection with the Domain Name, sending Spam, posting illegal materials on the Domain Name(including, but not limited to; pornography, propaganda of hostility ((ethnic, interracial, interethnic)), terrorism, and drugs);
2.1.5. recognizes that the Domain Name may be blocked, deleted or re-delegated by the Registrar, and Hosting, the providing Inbound Spam Protection may be terminated in cases and in the manner prescribed by law;
2.1.6. recognizes that access to providing Inbound Spam Protection is considered granted when the Contractor sends instructions for installing and/or configuring the providing Inbound Spam Protection to the Mailbox. If the Customer makes a payment for the next period, the providing Inbound Spam Protection is considered to be provided from the moment of changing the period of the providing Inbound Spam Protection activity in the Personal Account;
2.1.7. is interested in non-disclosure of information on Login, Password, Authorization Information, conditions of access to the Personal Account and/or Mailbox;
2.1.8. recognizes that the providing Inbound Spam Protection disputes will be resolved in accordance with Ukrainian law;
2.1.9. is notified of, and agrees with, the composition and content of Personal Data that is processed in connection with the providing Inbound Spam Protection;
2.1.10. Is notified of, and agrees with, the goals and purpose of processing for which the Personal Data is intended, as well as the legal basis for the processing of Personal Data in connection with the providing Inbound Spam Protection;
2.1.11. is notified of, and agrees to, the transfer of Personal Data to the Contractor for the providing Inbound Spam Protection purposes;
2.1.12. is notified of, and agrees to, the storage of Personal Data by the Contractor during the period of the providing Inbound Spam Protection, and until the moment of deletion of Personal Data in accordance with the law;
2.1.13. is notified of, and agrees with, the right of the Contractor to retain Personal Data after deletion of information about the Customer in compliance with the laws of Ukraine, including within the statutory limitation period prescribed by law, as well as, if necessary, the use of Personal Data as evidence in order to protect the legal rights and interests of the Contractor, including in cases involving the Registrar and/or Registrant;
2.1.14. is notified of, and agrees with, the rights of the Contractor, as a subject of Personal Data, provided by current legislation of Ukraine and/or general regulations on data protection which, inter alia, may be published on the Site;
2.1.15. is notified of, and agrees to, the requirements, restrictions and other conditions set forth in this document directly at the time of the provision of Protection against inbound spam and link https://www.mailchannels.com/terms-of-service .
3. Subject
3.1. Under this Agreement, the Contractor undertakes to provide the Customer with the Protection against incoming spam related to the Domain Name, upon receipt of the relevant payment from the Customer under the terms of the Tariff Plan and for the period specified in the Tariff Plan, Confirmation.
3.2. The Customer is obliged, within two days from the date of sending the Order and receiving the Confirmation, to pay in the currency of Ukraine (or other currency in compliance with the laws of Ukraine), the funds of the Price set in the Confirmation by transferring the relevant funds to the current account of the Contractor under the conditions specified by the Contractor, indicating the Confirmation number as reference in the relevant transfer document.
3.3. The Contractor is obliged, within five days from the date of the Contractor receiving the Order and funds of the Price set in the Confirmation, to perform all actions dependent on the Contractor for sending the Authorization Information to the Mailbox.
3.4. To extend the term of the Protection against incoming spam, the Contractor sends Confirmation to Mailbox (explicitly regarding the extension of the term) at least five days before the expiration of the term of the Protection against incoming spam. No later than the expiration date of the Protection against incoming spam, the Customer is obliged to pay the funds of the Price specified in the Confirmation (explicitly regarding the extension of the term) in the currency of Ukraine (or other currency in compliance with the legislation of Ukraine), by transferring the relevant funds to the current account of the Contractor under the conditions specified by the Contractor indicating the Confirmation number (explicitly referencing the extension of the term) in the relevant transfer document.
4. Procedure
4.1. The Customer is obliged, not later than one day from the date of receiving from the Contractor the notification on the provision of information,to provide documents in connection with the Protection against incoming spam, verification of the Customer and to provide the Contractor with the response and relevant information and documents.
5. Refusal
5.1. The Contractor has the right at any time during the provision of the Protection against incoming spam, at its discretion, to refuse further provision of the Protection against incoming spam in any of the following cases:
5.1.1. The Customer has provided the Contractor with incomplete and/or false information/documents for the Protection against incoming spam;
5.1.2. the Customer failed to provide the Contractor with information and/or documents specified by the Contractor for the Protection against incoming spam;
5.1.3. the Customer has committed/is committing actions that contain signs of, or are such actions, that violate the law and/or may cause damage or harm to the Contractor and/or any person;
5.1.4. the Customer carries out activities in the territory of the Russian Federation, the Republic of Belarus and/or activities in support of the Russian Federation, the Republic of Belarus, and/or activities related to aggression against Ukraine;
5.1.5. the contractor is in receipt of relevant recommendations from the authorities, and other authorized entities, specifying a cessation of the provision of the SSL Certificate.
5.2. The Customer has the right at any time during the provision of the Protection against incoming spam, at its discretion, to refuse further receipt of the Protection against incoming spam, regardless of the reason.
6. Calculations
6.1. The Price is indicated on the Site, in the conditions of the Tariff Plan, and/or in the Confirmation.
6.2. Funds of the Price are considered paid to the Contractor at the time of their crediting the current account of the Contractor and the display of confirmation in the Personal Account.
6.3. All costs incurred making payment of the Price to the Contractor are paid by the Customer.
6.4. The Contractor may change the Price before receiving the Price funds.
6.5. The provision of the Protection against incoming spam can be confirmed by the act of provision of said services.
6.6. Granting access to the Protection against incoming spam is considered provided at the time of the Contractor sending instructions for installing and/or configuring the Protection against incoming spam to the Mailbox.
6.7. Interest on funds paid to the Contractor are not accrued and are not paid.
7. Information
7.1. The Contractor has the right at any time, without obtaining the consent of the Customer, to process Personal Data, include Personal Data in the relevant database of personal data of the Contractor, publish such data in open sources and process such data in accordance with purpose of the the Contractor, the law of Ukraine and in compliance with the legislation of Ukraine.
8. Documentation
8.1. The Customer is obliged, not later than five days from the date of receiving the signed copies of the act of provided services by the Contractor, to sign a copy and send to the Contractor, or provide a reasoned refusal to draw up an act of provided services.
9. Rights and obligations
9.1. The Customer is obliged to comply with the Rules for the use of virtual hosting services and the Internet, which are posted on the Site, the Rules for providing Inbound Spam Protection https://www.mailchannels.com/terms-of-service as well as to properly fulfill its obligations; including those mandated under the laws of Ukraine.
9.2. The Contractor is obliged to properly fulfill its obligations; including those mandated under the laws of Ukraine.
9.3. The Customer has the right to properly exercise their rights; including those provided for under the laws of Ukraine.
9.4. The Contractor has the right to properly exercise their rights; including those provided for under the laws of Ukraine.
10. Responsibility
10.1. The Customer is liable to the Contractor in accordance with the legislation of Ukraine, International law, the Rules for providing Inbound Spam Protection https://www.mailchannels.com/terms-of-service and this Agreement.
10.2. The Contractor is liable to the Customer in accordance with the legislation of Ukraine, International law and this Agreement, but only within the limits of the Price received from the Customer.
10.3. The Contractor is not liable in any of the following cases:
10.3.1. For events and actions, inaction and/or decisions of any persons who are beyond the control of the Contractor, including actions, inaction and/ordecisions of the Administrator, the Supplier;
10.3.2. for illegal actions of the Customer, including actions related to infringement of intellectual property rights;
10.3.3. for restrictions and/or loss of the Customer's access to the Personal Account through no fault of the Contractor;
10.3.4. for debts, losses, costs, expenses of the Customer (including all court costs, fees, legal counsel/representation), which arose as a result of extrajudicial, pre-trial, litigation and/or decisions directly or indirectly relatedto the Protection against incoming spam.
11. Term
11.1. Unless otherwise provided by this Agreement or the law, this Agreement for a separate Order shall enter into force upon the moment the Contractor sends Confirmation to the Box and shall be valid until termination by providing Inbound Spam Protection, but not less than until the obligations under this Agreement are fully fulfilled.
12. Termination
12.1. In case of breach of the obligation to pay the Price by the Customer, this Agreement is terminated on the day following the expiration of the term of the breach of the relevant obligation assumed by the Customer. If the Contractor has grounds to refuse further provision of the Protection against incoming spam, this Agreement may be terminated by the Contractor and is terminated the next day after the Contractor sends an e-mail to the Mailbox regarding said termination. If the Customer has grounds to refuse further receipt of the Protection against incoming spam, this Agreement may be terminated by the Customer and is terminated the next day after the Contractor receives a written notice from the Customer regarding said termination.
12.2. In case of termination of this Agreement, the Contractor shall not remit any payments to the Customer, including funds of the Price, unless otherwise provided by this Agreement or legislation.
13. Legislation
13.1. The legislation and law of Ukraine shall apply to this Agreement.
13.2. From the moment of concluding this Agreement discussions, agreements and contracts between the Customer and the Contractor (including any which may have taken place before the conclusion of this Agreement, and which relate to the subject of this Agreement), shall cease to be valid