Public offer
Put into effect on December 14, 2017
Public Offer
Public OFFER AGREEMENT for the prepaid rendering of services.
Limited Liability Company "Intrell", hereinafter referred to as the "Hoster", offers any private individual, sole proprietor or legal entity, hereinafter referred to as the "Client", jointly referred to as the Parties and separately as the Party, paid services, which are placed in the Automated Computation System (hereinafter ACS), which belongs to the Hoster (https://bill.hubhost.ru/) (hereinafter – Services and/or Products).
As per point 2 of article 437 of the Civil Code of the Russian Federation, this agreement is a Public Offer (hereinafter - the Agreement), a complete and unconditional acceptance (acceptance) of which as per article 438 of the Civil Code of the Russian Federation is considered as effecting implicative actions by the Customer, namely the registration as a Client in the Hoster's ACS.
The Hoster agrees to provide and the Client agrees to utilize Internet services according to the following conditions:
1. The conditions may be altered by the Hoster at its discretion. A new version of the Conditions becomes valid after 3 (three) days have lapsed from the moment it was published at the web server of the Hoster, hubhost.ru, if otherwise not provided for by the new Conditions edition. The Hoster shall notify users regarding the alterations of said Conditions via email no later, than 3 days before said alterations become effective.
2. The Hoster undertakes to perform all necessary steps to ensure an uninterrupted operation of the equipment, which provides for services, supplied to the Client.
3. The Hoster undertakes to ensure the confidentiality of the information, used for the management of services, provided to the Client.
4. The Client undertakes to pay for services rendered timeously and in full.
5. The Client is entitled to use the services, provided by the Hoster at its own discretion in order to undertake commercial and other activities without obtaining prior consent from the Hoster.
6. The Client maintains the control and its propriety right for its domain name. The Hoster is not entitled to any propriety right to domain names, placed on its servers. The Hoster guarantees that no domain name, belonging to the Client, will be used by the Hoster.
7. The Client is prohibited from:
7.1. Using services for any illegal purposes nor receive services illegally;
7.2. Using services by means, which endanger security and national defense capabilities, as well as the health and security of people;
7.3. Using services for the transfer of any information, which is illegal under Russian and International legislation in force, publishing materials, offending human dignity, violence advocacy, incitement of racial or national hatred;
7.4. Publishing or transferring any information or software, which contains computer "viruses" or is able to interfere with the normal operation of computers, available via the web;
7.5. Using services for publishing information and/or transfer of information, if these actions will infringe author's and related rights, as well as the rights for the exploitation of an invention, utility models, product prototypes, trademarks, service marks, geographical indications, rights for computer software programs, databases, integrated circuit topography and other results of intellectual activity, protected by law;
7.6. Using and circulating email mailing lists for emailing materials, undesirable for addressees is strictly prohibited. It is also prohibited to distribute advertisements or promote software programs or services, the main purpose of which is the support or provision for the distribution of unsolicited electronic mail or spam;
7.7. Using the Hoster's resources for distributing unsolicited electronic mail or spam, providing connection to the servers and subnetworks, which are constantly used for unsolicited email distribution; site hosting, support of email addresses, support of DNS servers for domains, used for the distribution of email address lists and/or offering to arrange unsolicited bulk mailing and/or advertising programs, intended for organizing unsolicited bulk mailing; as well as sites support, advertised with the aid of unsolicited mailing, if there are any reasons to believe that the owners and/or administrators of these sites are involved in organizing said mail distribution.
7.8. Using the Hoster's resources for the purposes of publishing search spam, both, on the Hoster's servers and on third party servers.
7.9. Using the Hoster's resources for placing any proxy servers, backup copies and file storage. By referring to the Hoster's support service, the client may receive personal permission to use resources in such a manner.
7.10. Placing resource-intensive chats (jimbot and such) on any tariff plans.
7.11. Placing game servers, resource-intensive applications in Java, file upload clients and systems for arranging distributed computation on OpenVZ tariff plans is strictly prohibited.
7.12. Undertaking DDoS attacks and network flooding. Undertaking actions for scanning network nodes with the purpose of detecting the internal structure of networks, security vulnerability, lists of open ports, etc., if not explicitly agreed upon by the owner of the verified resource.
7.13. Creating an increased average load on the server (disks, network, processor), which would cause a hindrance to the performance of neighboring server users.
7.14 Housing distributed computation systems or elements of said systems (for example, mining Bitcoin).
8. Termination of access to the service
8.1. In the event that the user violates any of the subparagraphs of paragraph 7 of the present Conditions, the Hoster is entitled to suspend the service immediately with/without prior notice. The Hoster is entitled to stop the provision of services and recover damages from the Client, which were caused to the Hoster as a result of prohibited activities.
8.1.1 In the event of a complaint received from blacklists, such as www.spamhaus.org, www.spamcop.net and the like, or content published, which is prohibited by this service, the Hoster shall with/without prior notice, suspend the service.
8.2. Upon termination of service or part thereof as well as any other additional Service within the framework of the core service as per paragraph 8.1 of this Agreement, the subscription fee shall not be refunded nor compensated.
8.3. Upon termination of Service, the Hoster shall not be responsible for notifying or failing to notify third parties regarding the Client being denied access and for its possible consequences, which were the result of said notification or lack thereof.
8.4. In the event of early termination of Services to the Client, the unused funds shall be returned upon the Client's request except for instances, provided for by the current Agreement and its Annexes. Therewith, the funds shall only be refunded by means of wire transfer. The refund cannot be transferred to a third party at the Client's request.
8.5. The full sum of unused funds shall be refunded, except for monetary funds, associated with transactional costs for processing the refund.
9. The Hoster retains the control and proprietary right of all IP addresses, which have been assigned to the Client. The Hoster retains the right to alter or forfeit any IP addresses. The Hoster retains the control and proprietary right of the hubhost.ru domain name and all its subdomains. The Hoster retains the right to alter or forfeit any subdomain of the hubhost.ru domain from the clients' servers.
10. The Hoster retains the right to prohibit executing scripts of the Client, which cause a system overload or cause any damage to server performance.
11. The Hoster is entitled to suspend the rendering of services for routine maintenance of Equipment, utilized for the provision of Services. The Hoster shall notify the Client 48 hours prior to planned maintenance and shall also state the duration of said maintenance. Said events shall not be considered as an interruption in the provision of Services. In terms of the technical capabilities of the Hoster, routine maintenance (preventative maintenance and repair works) shall be planned and undertaken at a time, which will cause the least damage to the Client (when possible, at night, during the weekend or public holidays).
12. The Hoster is entitled to block and thereafter delete all the Client's resources when payment is not received within the specified period. The Client's resources shall be deleted after 5 (five) days automatically following the termination of access of the Client's service.
13. The Client is responsible for any obligations and guarantees, resulting from any transactions and other relationships with third parties. The Hoster assumes no liability for the results of said Client activities.
14. The Hoster is not liable to the Client for damages of any kind, which were suffered by the user due to the loss of passwords, interruption in the rendering of services, inappropriate or careless use of the services offered by the Client, misunderstanding of technical consultations by the Client.
15. Hoster details
OOO "Intrell"
Legal address: Stroitelnaya Str., 5, Balabanovo, Borovskiy District, Kaluga Region, 249000
Trading/postal address: 249031, Pobedy Str., 9a, Obninsk, 249031, OOO "Intrell"
INN 4003028315 / KPP 400301001
OGRN 1084025002445 / OKPO 82861536
General queries, sales department:
Tel: +7 495 204-15-11
Email: info@hubhost.ru