Public contract on provision of registration and support of a domain name
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/ua, both in full and making use of any part of it;
1.1.2. Domain Name - a part of the hierarchical address space of the Internet that has a unique title/name that identifies it;
1.1.3. 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;
1.1.4. Period - a period of time (at least one year) during which information about the Domain Name may be in the Registry;
1.1.5. Registration – the process of entering information about the Domain Name in the Registry;
1.1.6. Support - maintenance of the registered Domain Name (including, but not limited to, Domain Name transfer, and renewal of Registration);
1.1.7.Price – the amount payable for the provision of the Domain Name price set by the Contractor and payable by the Customer;
1.1.8.Customer - the recipient of Registration and Support;
1.1.9. Contractor - the provider of Registration and Support;
1.1.10. Order - an electronic message confirming the purchase of said Registration and Support, sent by the Customer from the Site and using the form provided on the Site;
1.1.11. Administrator - the person who establishes the rules and conditions of circulation of the Domain Name, and the functioning of the Registry;
1.1.12. Registrar - the Contractor, or other person, who performs verification of the Order for compliance with the rules and conditions of the Administrator;
1.1.13. Registrant - the Customer, or other person, for whom the Registration is completed;
1.1.14. 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;
1.1.15. 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;
1.1.16. Mailbox - electronic mailbox of the Customer, the set of symbols of which forms the Login;
1.1.17. 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;
1.1.18. Confirmation - electronic recognition of the Order sent by the Contractor to the Mailbox;
1.1.19. WIPO – World Intellectual Property Organization;
1.1.20. .UA Policy – (WIPO’s only) .UA Domain Name Dispute Resolution Policy, which may be published on the Internet, including at the domain name https://hostmaster.ua/policy/ua-drp;
1.1.21. .UA Rules – WIPO’s Rules for .UA Domain Name Dispute Resolution Policy, which may be published on the Internet, including at the domain name https://hostmaster.ua/policy/ua-drp;
1.1.22. Additional Rules – World Intellectual Property Organization Supplemental Rules for .UA Domain Name Dispute Resolution Policy, which may be published on the Internet, including at the domain name https://hostmaster.ua/policy/ua-drp, as well as the Rules of the Domain Name Dispute Resolution Policy for International Domain Names, which, inter alia, may be published on the Internet site under the domain name https://www.icann.org/resources/pages/pddrp-2014-01-09-en.
1.1.23. Personal data – information about the individual of the Customer, and the Registrant (if they are separate entities), as defined by law;
1.1.24. Spam – one or all of the following actions: depending on the implementation of organized, mass distribution of information of advertising, commercial or campaign nature to other users of the network without their explicit consent; letters (or other written medium) containing uncivil and offensive statements and/or suggestions; posting of advertising, commercial or propaganda messages in any conference or forum, unless such announcements are permitted by the rules of such conference or forum, or their posting has been agreed with the owners or administrators of such conference or forum; sending information to recipients who have previously expressed their unwillingness to receive such information; use of own or provided information resources (including, but not limited to; mailboxes, e-mail addresses, web pages, etc. that meet the criteria of an intrusive proposal) as contact information when performing any of the above actions, regardless of the network point from which such actions were performed.
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 Domain Name without violating the property and/or non-property rights of any person and has sufficient information about the Contractor, the Administrator, the rules and conditions of the functioning of the Personal Account, the circulation of the Domain Name, and the functioning of the Registry;
2.1.3. recognizes that the Administrator has the right to establish/amend the rules and conditions of the circulation of the Domain Name, duration of the Period, and functioning of the Registry;
2.1.4. recognizes that the Administrator, Contractor, Registrar has the right to block, shut down the operation of the Domain Name, and perform other actions in relation to the Customer, the Registrant in case of violation by the Customer, the Registrant of any person’s rights, the rules and conditions of circulation of the Domain Name, or 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, in the manner prescribed by the .UA Policy, the .UA Rules and the Additional Rules; including the implementation of decisions of the WIPO Center Administrative Commission adopted in accordance with the .UA Policy, the .UA Rules and the Additional Rules, the ICANN Policy;
2.1.6. recognizes that the Registration is completed at the time of display of information about the Domain Name in the Registry, and from that moment the Contractor has properly completed the Registration;
2.1.7. is interested in non-disclosure of information about the Login, Password, conditions of access to the Personal Account and/or Mailbox;
2.1.8. recognizes that disputes listed in paragraph 4 of the .UA Policy that arise with third parties regarding a private second-level domain name in the .UA domain, will be resolved through mandatory, administrative proceedings by the WIPO Arbitration and Mediation Center;
2.1.9. is notified of, and agrees with, the composition and content of Personal Data to be processed in connection with the Registration, Maintenance, .UA Policy, .UA Rules and Additional Rules, ICANN Policy;
2.1.10. is notified of, and agrees with, the goals and purpose of processing for which the Personal Data is assigned, as well as the legal basis for the processing of Personal Data in connection with the Registration and Support, .UA Policy, .UA Rules and Additional Rules, ICANN Policy;
2.1.11. is notified of, and agrees to, the transfer of Personal Data to the Contractor, Registrar, Administrator for the purpose of Registration and Support;
2.1.12. is notified of, and agrees with, the storage of the Contractor, Registrar, Administrator, Personal Data during the Period and until the removal of Personal Data from the Registry;
2.1.13. is notified of, and agrees with, the right of the Administrator, Contractor, Registrar to store Personal Data after deleting information about the Customer, the Registrant from the Registry in compliance with the laws of Ukraine; including within the statutory limitation period, as well as, if necessary, use 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 Registrant as a subject of Personal Data provided by the current legislation of Ukraine, and of general regulations on data protection which, inter alia, may be published on the Internet at the domain name https://hostmaster.ua;
2.1.15. is notified of, and agrees with, the requirements of the Rules of the relevant domain zone, terms, restrictions, and other conditions set out in this document directly at the time of Registration and Support;
2.1.16. is notified of, and agrees with, the Procedure for Support in the event that it is not serviced by the Registrar, which may be published on the Internet, including at the domain name https://www.hostmaster.ua/services/DomainNameMaintenanceProcedure_UK.pdf;
2.1.17. is notified of, and agrees with, the regulations of the public Internet service WHOIS, which may be published on the Internet, including at the domain name https://hostmaster.ua/services/WHOIS-Reglament-1.2.pdf.
3. Subject
3.1. Under this Agreement, the Contractor undertakes to provide the Customer with Registration and Support related to the Domain Name upon receipt of the relevant payment from the Customer, for the Period specified in the 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 to complete the Registration.
3.4. The Customer is provided with Registration and Support of the Domain name for the Period and the ability to manage the settings of the registered Domain Name through the Personal Account.
3.5. To extend the Period, the Contractor sends Confirmation to the Mailbox (explicitly regarding the extension of the Period) at least five days before the expiration of the Period. The Customer is obliged, not later than up to the expiration of the current Period, to pay the funds of the Price specified in the Confirmation (explicitly regarding the extension of the Period) in the currency of Ukraine (or other currency in compliance with the legislation of Ukraine), by transferring the specified funds to the current account of the Contractor (explicitly referencing the extension of the Period) 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, Registrar, Administrator, the notification on the provision of information, to provide documents in connection with Registration, Support, and verification of the Customer, to provide the Contractor with the relevant response, information, and documents.
5. Refusal
5.1. The Contractor has the right at any time during the Registration and Support, at its discretion, to refuse further provision of Registration and Support in any of the following cases:
5.1.1. The Customer has provided the Contractor with incomplete and/or false information/documents for the Registration and Support;
5.1.2. the Customer failed to provide the Contractor with information and/or documents specified by the Contractor for Registration and Support;
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 provision of the Registration and/or Support.
5.2. The Customer has the right at any time during the provision of the Registration and/or Support, at its discretion, to refuse further receipt of the Registration and/or Support, regardless of the reason.
6. Calculations
6.1. The Price is indicated 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 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 Registration and Support can be confirmed by the act of provision of said services.
6.6. Registration and Support are considered to be provided qualitatively at the time of their completion. The Registration is completed when the information about the Domain Name is displayed in the Registry. The Support is completed at the end of the Period specified in the Confirmation (including any agreed-upon extension to the Period).
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 source registry in connection with Registration and Support, and process such data in accordance with the purpose of the the Contractor, Administrator, Registrar, 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 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 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/or decisions of the Administrator;
10.3.2. for illegal actions of the Customer, including actions related to infringement of intellectual property rights;
10.3.3. for the possibility of occupying a Domain Name by a person not agreed by the Customer;
10.3.4. for restrictions and/or loss of the Customer's access to the Personal Account through no fault of the Contractor;
10.3.5. for debts, losses, costs and/or expenses of the Customer (including all court costs, fees, costs of legal counsel/representation), which arose as a result of extrajudicial, pre-trial, litigation and/or decisions directly or indirectly related to Registration and Support.
11. Term
11.1. Unless otherwise provided by this Agreement or legislation, this Agreement for a separate Order shall enter into force upon sending the Confirmation about Registration and Support to the Mailbox by the Contractor, and shall remain in force until the Registration and Support is completed, but not less than until the fulfillment of obligations under this Agreement.
12. Termination
12.1. In case of breach by the Customer of the obligation to pay the Price, this Agreement is terminated the next day after the expiration of the term of the breach of the Customer's respective obligation, and in case the Contractor has grounds to refuse Registration and Support - this Agreement is terminated on the day following the day the Contractor sends an e-mail to the Mailbox stating termination of this Agreement.
12.2. If the Customer has grounds to refuse further receipt of the Registration and Support, this Agreement is terminated on the next day after the Contractor receives a written notice from the Customer stating the termination of this Agreement.
12.3. 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.