Terms of Use. Public Offer Agreement

 

1. General Provisions

  • 1.1 Terms and Definitions
    a. Offer – this public offer, on the basis of which the Services are provided by the Operator to the Subscriber.
    b. Operator – “WishHost Hosting IT Solutions”
    c. Subscriber – an individual or legal entity registered in accordance with the provisions of the Offer.
    d. Parties – participants in this Offer, i.e. the Operator and the Subscriber.
    e. Website – the official website of the Operator https://wishhost.net.
    f. Service – a single service or a set of services of telematic services, data transmission and other types, stipulated by this Offer and its appendices, provided by the Operator to the Subscriber.
    g. Order – a Service issued by the Subscriber through the Website.
    h. Regulations – the procedure for the provision of Services, determined by the provisions of the Offer.
    i. Ticket system – an electronic communication system provided by the Operator for interaction with the Subscriber on issues related to the Services rendered.
    1.2 The Operator provides the Subscriber with its Services subject to their timely payment by the Subscriber on the terms specified in the Offer.
    1.3 The Operator renders Services using its own equipment and/or the Subscriber’s equipment on the terms specified in this Offer.
    1.4 The name, volume, cost, terms of provision, as well as other conditions and characteristics of the Services rendered are reflected in the Orders, which are an integral part of this Offer.
    1.5 The provision and maintenance of domains is carried out by the Operator in cooperation with the partner company LLC “Center of Internet Names of Ukraine”.
    1.6 When fulfilling the provisions of this Offer and resolving disputes, the Parties undertake to be guided by the current legislation of Ukraine, as well as the states in whose jurisdiction the services are rendered using the Operator’s facilities.

2. Operator’s Obligations

  • 2.1 Provide services to the Subscriber on the terms of this Offer.
    2.2 Provide the Subscriber with the Services paid for by him in full within the timeframes and for the period agreed upon by the Parties, and also provide the equipment and software necessary for this purpose for partial or full use by the Subscriber in accordance with the provisions of the Offer.
    2.3 In the event of a break in the provision of the Services paid for by the Subscriber, take all possible measures to eliminate the causes of this break and to resume the provision of these Services.
    2.4 Keep records of the Subscriber’s Services.
    2.5 Inform the Subscriber of changes in the terms of service for the Subscriber, the provision of Services to the Subscriber, adjustments to tariffs for Subscriber’s Orders, as well as about work carried out on the Site or about other events at the discretion of the Operator by publishing official announcements on the Site and/or by sending a message to the Subscriber via the Ticket System and/or by sending an email to the email address specified by the Subscriber upon registration on the Site.
    2.6 Ensure the safety of the Subscriber’s personal data provided by them upon registration on the Site, except for cases stipulated by the current legislation of the European Union (hereinafter referred to as the EU) and Ukraine.
    2.7 Provide the Subscriber, upon their official written request, with information about themselves, as required by the EU, Ukraine and generally accepted commercial practice.
    2.8 Provide the Subscriber with timely reporting documents on the work performed to provide the Services and the payments received.

3. Subscriber’s Obligations

  • 3.1 Fulfill the terms of this Offer and comply with the current legislation of the European Union.
    3.2 Timely pay for the Services ordered by them from the Operator.
    3.3 Independently monitor the status and promptly top up their personal account on the Site in order to avoid interruption and/or termination of the provision of Services.
    3.4 Provide accurate information about themselves, both upon initial registration on the Site and upon subsequent changes to it. This information includes
    – for individuals: last name, first name, patronymic (if any), residential address.
    – for legal entities: full name of the legal entity, its details, address of location, as well as a list of persons using the legal entity’s end equipment, certified by an authorized representative of the legal entity, which indicates the last name, first name, patronymic (if any), residential address and details of the main identity document for each of them.
    3.5 5. Familiarize yourself with the procedure for informing the Operator through the Ticket System, set out in the Offer and on the Website.
    3.6 Respond to messages from the Operator sent to the Subscriber in the personal account on the Website through the ticket system.
    3.7 In the event of technical problems when using the Services, immediately inform the Operator about this in accordance with the notification procedure.
    3.8 Use the Services exclusively in accordance with the legislation of the European Union and the legislation of Ukraine and bear full responsibility for any damage incurred by the Subscriber or third parties during the use of the Services.
    3.9 The Subscriber undertakes not to use the providedthe Services provided by the Operator, including virtual hosting (hereinafter referred to as VH), virtual server (hereinafter referred to as VPS) and dedicated server (hereinafter referred to as DS) for:
    – posting, publishing and/or distributing materials, in whole or in part, in violation of copyright;
    – mass mailings [1] of advertising messages (spam) via e-mail services, mass posting of links, email marketing tools, etc., including those containing links to resources hosted on the Operator’s premises;
    – sending via the Internet, publishing and/or transmitting any information that is contrary to the requirements of the legislation of the European Union and/or the norms of international law;
    – publishing and/or transmitting any kind of information or software that contains computer viruses or other means equivalent to them;
    – scanning ports of other servers connected to the Internet;
    – creating targeted excess traffic that can lead to the failure of other servers connected to the Internet (also known as DDos attacks);
    – purposefully creating an increased load on the Operator’s network or equipment used to provide Services to the Subscriber;
    – hosting fake web pages for fraudulent purposes (the so-called “phishing”);
    – hosting online stores offering pharmaceutical products and services;
    – hosting pages optimized for specific Internet user requests and used to redirect visitors to other sites (the so-called “doorway”);
    – hosting torrent trackers and torrent clients;
    – hosting resources dedicated to any kind of “financial pyramids” (“SuperProgik”, “MLM”, etc.);
    – hosting resources dedicated to hacker topics (the so-called hack topics, warez topics);
    – hosting resources dedicated to the discussion, search or sale of any kind of narcotic substances (including smoking mixtures);
    – hosting on VH resources dedicated to erotica, pornography, etc.;
    – posting on VH resources dedicated to intimate services, escort services, etc.;
    – posting on VH specialized programs that perform any actions automatically and/or according to a specified schedule through interfaces designed to interact with people (so-called chatbots);
    – posting on VH resources dedicated to the sale of any intellectual information, including documents and certificates (diplomas, driver’s licenses, medical certificates, passports, abstracts, paper and electronic books, insurance policies, etc.);
    – posting on VH so-called pirated resources, including those with active or passive links, online streaming, redirects, etc.;
    – posting on VH resources dedicated to the discussion, search or sale of any kind of bladed weapons and firearms;
    – posting on VH resources dedicated to the unlicensed sale of any kind of alcoholic or tobacco products;
    – posting on VH resources dedicated to the sale of information products, advertising networks (e.g. CPA, RTB, bux’ы, etc.), TDS, redirects, etc.;
    – posting on VH online casinos and other resources related to gambling, including mirror sites, redirects, sites with links to bookmakers, online sports betting services, slot machines, etc. (the so-called gambling);
    – posting on VH resources dedicated to or related to the provision of loans, under which the borrower is transferred a small amount of money for a short period (the so-called microloans, microcredits);
    – posting on VH or VPS funds for the creation (the so-called mining) of any cryptocurrencies;
    – hosting resources on VH or VPS dedicated to online games (e.g. Minecraft, PW, WoW, Lineage, Fight Club, etc.);
    – hosting resources with video or audio file streaming services (including online cinemas and music sites) on VH or VPS;
    – using VH or VPS for any kind of proxying (or tunneling) of traffic from or to any services (including vkontakte.ru, depositfiles.com, etc.);
    3.10 Regularly review the official information published on the Operator’s website.
    3.11 Upon request of the Operator, provide complete and accurate personal and contact information about yourself in accordance with the requirements of EU legislation and general commercial practice, and promptly notify the Operator of any changes.
    3.12 Bear full responsibility for false or inaccurate information about yourself provided to the Operator.
    3.13 Keep the financial documents issued to him by the Operator, confirming the payment and provision of the Services.
    [1] Mailing means both the mass mailing of several e-mails to multiple recipients, and multiple mailings to one recipient, as well as the use of the details (web pages, e-mail) of the Operator in such mailings made through the services of third parties.

4. Rights of the Operator

  • 4.1 Immediately terminate the provision of the Service to the Subscriber for a period of up to five days or until the Operator receives a comprehensive text explanation from the Subscriber in the event of:
    – expiration of the term for the provision of the Service and/or non-receipt of payment for the Service;
    – actions or inactions taken by the Subscriber that resulted in restriction of access or obstruction of access by other users to the Services;
    – attempts by the Subscriber to gain unauthorized access to the Operator’s resources and/or other systems accessible on the Internet
    – violation by the Subscriber of paragraph 3.9 of this Offer;
    – actions or inactions taken by the Subscriber aimed at sending, publishing, transmitting, reproducing, providing or any other use for commercial purposes of information, software or other materials received in whole or in part through the Services, subject to the presence of a written request from the owner of such information to restrict or prohibit the above actions (provided that this is not expressly permitted by the owner of such information);
    – sending electronic messages of a commercial or other nature that have not been previously agreed upon with the recipient, upon the presence of a statement from the recipient of such messages;
    – publishing and sending via the Internet any information that discredits the Operator, as well as committing actions that interfere with the normal operation of the Operator.
    – in case of an incoming DDoS attack on the Subscriber’s services, if this attack creates an increased load on the Operator’s equipment or has a negative impact on the Operator’s clients or the Operator’s equipment, the Operator has every right to limit the operation of the Subscriber’s service, up to and including completely disabling such service.
    4.2 The Operator has the right to block the Subscriber’s order in the event of a violation of the provisions of this Offer. In this case, the Operator shall first send the Subscriber a warning via the ticket system. If the Subscriber refuses to take action to eliminate the violation or there is no response from him within five business days, the Operator shall block the order. If there is no response from the Subscriber within the next ten days, the Operator shall cancel the order without further notification of the Subscriber.
    4.3 The Operator has the right to transfer the Subscriber’s VH and VPS orders from one parent server to another within the Operator’s infrastructure without notifying the Subscriber, provided that this does not cause degradation of the quality of the Services and/or stop the operation of the Subscriber’s orders.
    4.4 The Operator has the right to unilaterally transfer the Subscriber’s VH and VPS orders from one parent server to another within the Operator’s infrastructure, while simultaneously notifying the Subscriber about this via the ticket system, provided that the Subscriber’s projects placed on the above-mentioned orders create an excessive load on the parent server or other orders placed on this parent server.
    4.5 The Operator has the right to unilaterally change the terms of this Offer, subject to the mandatory publication of the new version on the Site, indicating the date of editing and creation of the corresponding news message on the Site. The date of entry into force of the changes is the date of their publication.
    4.6 The Operator has the right to unilaterally refuse service to the Subscriber without explanation and/or terminate service to the Subscriber, giving him time to transfer his projects from the Operator’s infrastructure to other information carriers. In this case, the Operator is required to send the Subscriber a corresponding electronic notification via the ticket system. Three days after sending the above notification, the Operator blocks all of the Subscriber’s orders and initiates the procedure for returning the remaining funds for these orders. The moment of termination of the Subscriber’s service is considered to be the moment of blocking the Subscriber’s orders.
    4.7 The Operator has the right to disclose information about the Subscriber in accordance with the requirements of the legislation of the European Union and Ukraine.
    4.8 ​​The Operator has the right to unilaterally and without warning immediately terminate the Subscriber’s service in the event of the Subscriber insulting an Operator employee through the ticket system or other available means. The moment of termination of service is considered to be the moment the Subscriber makes the above-mentioned insult. In this case, the Operator sends the Subscriber an electronic notification about the actions taken by him/her with an explanation of the reasons.
    4.9 The Operator has the right to suspend the Subscriber’s service in the event of doubts about the veracity of the personal and contact information provided by him/her until receiving notarized documents certifying the veracity of the information provided.
    In the event of a DDoS attack on the Subscriber’s service, the Operator has the right to fully or partially disable this service in order to maintain normal operation of the equipment. The Operator shall not be liable for damages resulting from these actions to the Subscriber.

5. Subscriber’s Rights

  • 5.1 To demand that the Operator provide Services in accordance with the terms of this Offer.
    5.2 To place on their orders any projects, the content of which does not contradict the laws of the European Union and the terms of this Offer.
  • 5.3 Use the resources provided by the Operator at your own discretion and under your own responsibility.

6. Payment procedure

  • 6.1 Acceptance of this Offer is made by prepayment by the Subscriber for the Operator’s Services according to the invoice issued in accordance with the payment procedure set out in the relevant Appendix to this Offer and on the Website.
    6.2 The cost of services and the payment procedure are indicated on the Operator’s Website. Prices are indicated without VAT.
    6.3 All payments under this Offer are made in one currency: US dollars, according to the invoice issued by the Operator.
    6.4 Prices for Services on the Operator’s Website in other currencies (namely US dollars, Russian rubles, Ukrainian hryvnia, etc.) are indicated solely for the convenience of the Subscriber’s payments and are converted at the Operator’s internal exchange rate.
    6.5 The moment of commencement of the Subscriber’s fulfillment of their payment obligations is considered to be the day of receipt of funds to the Operator’s bank account.
    6.6 When completing payment documents, the Subscriber must include a reference to the individual identifier specified by the Operator in the invoice issued to the Subscriber or communicated to the Subscriber in another way. 6.7 If the paid Services or part thereof were not provided during any period of the Offer, the Subscriber shall prepare and send to the Operator a bilateral Report on Violation of the Offer Terms. The report must indicate the reasons why the Subscriber considers the services not to have been provided or provided improperly, as well as the period of time during which the Subscriber did not use the Operator’s services in accordance with the terms of this Offer. This Report must be drawn up and sent to the Operator by registered mail no later than five business days from the end of the month in which the Offer terms were violated. The Operator is obliged to sign the report or send the Subscriber a reasoned refusal within five days of receipt. If the Subscriber presents arguments satisfactory to the Operator about the impossibility of using the Services, the Operator shall return the remaining funds.
    6.8 The Operator shall send the invoices and bills under this Offer to the Subscriber by e-mail or issue them at the Operator’s office to the Subscriber’s representative against signature.
    6.9 If the Operator issues an invoice for the Service rendered and the Subscriber fails to pay the above invoice within three days, the Operator, at its own discretion, shall block the above-mentioned Service until all Subscriber’s debts to the Operator are fully paid.
    6.10 The Operator reserves the right to unilaterally change the rates indicated on the Website, as well as the terms of provision of Services. However, a change in rates does not entail a change in rates for existing orders, and the payment made is also not recalculated.
    6.11 The Subscriber is solely responsible for the correctness of the payments made by him. In case of change of the Operator’s bank details, the Subscriber is obliged to independently adjust the payment details in their financial documents from the moment of publication of the new details on the Operator’s Website.
    6.12 When paying for the Operator’s own Services (VH, VPS, DS, etc.), the billing system calculates the length of the month for 31 days. Thus, payment for 3 months (quarter) is equal to 93 days, for 6 months (half-year) – 186 days, for 12 months (year) – 372 days.
    6.13 The cost of VH, VPS and DS services consists of the cost of the server and the cost of additional services purchased by the Subscriber together with the server. Discounts are provided specifically for the cost of the server, unless otherwise specified.
    6.14 Upon the first payment, the Subscriber will be offered to connect the auto-payment service for orders free of charge. By choosing to activate the service, the Subscriber agrees that the Operator’s system will automatically, five days before the end of the payment period for the order, without warning, attempt to write off the payment amount for the order from the payment method linked to it by the Subscriber. The Subscriber can disable the service at any time on the Operator’s website (in the section Personal Account -> Settings -> Profile -> Payment -> Automatic payment for orders).
    6.15 If the Subscriber for any reason does not disable the automatic payment service for orders in advance and funds are written off against his will, he may, within five working days, apply for a refund in accordance with the terms of this Offer.

7. Liability of the parties

  • 7.1 In the event of a violation by the Subscriber of the deadline for fulfilling obligations to pay for the Services, the Operator has the right to suspend the provision of the relevant Services for up to 10 days. The moment of the beginning of the fulfillment of the Subscriber’s new obligation to pay for the Service is the issuance of an invoice or the end of the paid period of use of the Service.
    7.2 If the delay in fulfilling obligations to pay for Services exceeds 10 days, the Operator has the right to terminate the contractual relationship unilaterally by notifying the Subscriber through the ticket system. The Subscriber is not released from the obligation to pay off debts accrued at the time of termination of the contractual relationship.
    7.3 Restoration Services after their cancellation are possible only if there are appropriate technical capabilities and on a paid basis at the Operator’s engineer’s rate.
    7.4 The Operator shall not be liable to the Subscriber for delays and interruptions in the provision of Services that occur directly or indirectly due to extraordinary circumstances (force majeure) and other reasons beyond the reasonable control of the Operator.
    7.5 The Operator shall not be liable for the quality of additional services provided to the Subscriber by third parties using the Operator’s resources.
    7.6 The Operator does not guarantee 100% protection against hacking, since software developed by third parties is used to provide the Services.
    7.7 The Subscriber shall be fully responsible for the safety of his login and password for access to the Services, as well as for the login and password falling into the hands of third parties and possible unauthorized access to the customer’s orders and/or their hacking.
    7.8 The Operator does not control the information content of the Subscriber’s orders and is not responsible for its accuracy and/or legality.
    7.9 The Subscriber is fully responsible for the compliance of the information posted by him/her on the Operator’s resources with current international legislation, as well as for its accuracy and the legality of its distribution.
    7.10 The Operator has the right to suspend the provision of Services to the Subscriber until disputes are resolved in the established manner in the event of receipt from a third party of substantiated claims that the Subscriber has violated the law or the terms of this Offer by posting and/or distributing any information using the Services.
    7.11 The Operator is not liable for damage caused by the actions and/or inaction of the Subscriber to the person or property of citizens, legal entities, the state, as well as the moral principles of society.
    7.12 If one of the parties fails to comply with any provision of this Offer, the disputes shall be settled through negotiations. If it is impossible to resolve disputes and disagreements on the basis of mutual agreements, they shall be resolved in the manner established by the current legislation of Spain and the European Union.

8. Property liability of the parties

  • 8.1 The parties shall be liable for failure to perform or improper performance of their obligations under this Offer in accordance with the legislation of Spain and the European Union.
    8.2 The parties shall not bear any mutual liability for any losses and/or damages incurred by third parties.
    8.3 One party shall not be liable to the other for financial and other losses, as well as for lost profits and other indirect damages, regardless of whether it was possible to foresee the possibility of causing such damages to the other Party in a specific situation or not.
    8.4 The Operator’s aggregate liability under this Offer is limited to compensation to the Subscriber for direct proven damages in an amount not exceeding the amount actually paid by the Subscriber for the Services provided at the time the damage was caused.

9. Procedure for Providing Compensation

  • 9.1 The Operator guarantees an availability rate of at least 99.5% for the Services provided during the year (the total interruption time is no more than 43 hours per year).
    9.2 If, due to the fault of the Operator, the Service was unavailable for more than the permissible time, the Subscriber has the right to receive compensation for this difference.
    9.3 The total compensable time is rounded up to whole hours. An incomplete hour lasting 30 minutes or more is rounded up, less than 30 minutes – down. The cost of one hour is 1/720 of the monthly cost.
    9.4 This compensation is the only and exclusive form of compensation to the Subscriber for damages incurred due to failures in the use of the Service.
    9.5 Scheduled maintenance, force majeure circumstances and other events that did not arise through the fault of the Operator are not considered grounds for providing compensation for interruptions in the provision of the Service.

10. Procedure for termination of the agreement

  • 10.1 The terms of the Offer shall enter into force upon payment for the Services in the manner prescribed by this Offer.
    10.2 The Subscriber has the right to unilaterally refuse the Operator’s Services at any time based on a personal application with a bilaterally signed reconciliation report.
    10.3 The Operator has the right to refuse to provide services to the Subscriber unilaterally by notifying the Subscriber by letter to the e-mail address specified by him 7 days in advance.
    10.4 All issues outside the scope of this Offer are resolved by the Operator and the Subscriber in accordance with the current legislation of the European Union and Ukraine.

11. Refunds

  • 11.1 The Subscriber has the right to a full refund for unused Services. In this case, an unused service means the Operator’s service paid for by the Subscriber, but never transferred to him for use.
    11.2 The Subscriber has the right to a partial refund for the Services used by him if he is not satisfied with the quality of the Services provided or if he decides to stop to use the Service ahead of schedule. The refund amount, in this case, is calculated as the number of remaining paid whole days (24 hours) of using the Service, multiplied by the cost of one day, calculated from the amount of money actually paid by the Subscriber for using the Service.
    11.3 The Operator has the right to refuse the Subscriber a refund in the event of a clear violation by the Subscriber of the provisions of this Offer or the terms of provision of the Services described in it.
    11.4 To make a refund, the Subscriber must create a ticket indicating the order number and their consent to cancel it, as well as access data to the server and the reason for refusing the Service.
    11.5 The Operator makes a refund to the Subscriber to the balance of their account in the Operator’s system.
    11.6 At the request of the Subscriber, the Operator can make a refund to the payment method from which the Subscriber paid for the Service. If it is impossible to return funds in this way, the Operator returns the funds to the Subscriber’s account balance in the Operator’s system.
    11.7 The Operator undertakes to initiate the refund procedure within 3 business days from the moment the Subscriber receives the corresponding request. The refund to the account balance occurs instantly, in other cases the process can take up to 45 days.
    11.8 VH, VPS, DS services are subject to return and exchange in accordance with the provisions of this Offer.
    11.9 Equipment and software installation services, IP address and DNS service, domain names, licensed software, basic and full administration services are not subject to return and exchange.
    11.10 When refunding funds, only the actual amounts paid by the Subscriber for using the Services are taken into account (discounts, bonuses, etc. are not returned).
    11.11 When calculating the amount of funds to be refunded, the following conditions are taken into account:
    – a bank commission for the transfer of funds in the amount of 15% of the transfer amount is withheld from the refund amount;
    – the amount of expenses incurred by the Operator due to the fault of the Subscriber (in particular, due to the shutdown of servers, networks, the inclusion of the IP address in the blacklist, etc.), depending on each specific case, is deducted from the refund amount;
    – when using the Service, funds are refunded for full unused months (based on the fact that one month is equal to thirty-one days);
    – from the refund amount for the DS service, the Operator has the right to deduct the cost of one full month at the current rate if the Subscriber has not notified the Operator of the cancellation of the Service in advance (30 days) through the Ticket System;
    – when refunding funds for a Service to which a dynamic discount based on the payment term [2] was applied, the amount of this discount will be calculated based on the actual term of use of the order at the time of its cancellation. For example, if an order was paid for a year in advance with a 15% discount, then if the order is cancelled after 2 (two) months of use, the discount will be recalculated and will be 0%, if cancelled after 4 (four) months – 5%, if cancelled after 7 (seven) months – 10% (more details [3]).
    [2] The dynamic discount is:
    – 5% for all types of orders when paying 3 (three) months (93 days) in advance;
    – 10% for all types of orders when paying 6 (six) months (186 days) in advance;
    – 15% for all types of orders, except VH, when paying 12 (twelve) months (372 days) in advance;
    – 20% for VH orders when paying 12 (twelve) months (372 days) in advance.
    [3] When calculating the refund amount for an order with a dynamic discount, the following scheme is applied:
    – if the order was active for 372 days out of the paid billing period – the discount is taken as 20% for VH orders and 15% for other types of orders;
    – if the order was active from 186 to 371 days inclusive out of the paid billing period – the discount is taken as 10% for all types of orders;
    – if the order was active from 93 to 185 days inclusive out of the paid billing period – the discount is taken as 5% for all types of orders;
    – if the order was active for less than 92 days inclusive of the paid billing period – the discount is taken as 0% for all types of orders;Example of calculating the refund amount for an order of 100 euros/month with prepayment for 12 months in advance with a dynamic discount of 15%:
    – if cancelled on the 92nd day of use, the refund amount will be 723.23 euros;
    – if cancelled on the 185th day of use, the refund amount will be 453.06 euros;
    – if cancelled on the 320th day of use, the refund amount will be 90.97 euros;
    – if cancelled on the 365th day of use, the refund amount will be 0.00 euros (since the cost of the order according to the tariff is higher than what the Subscriber actually paid).

12. Other provisions

  • 12.1 The “Full server administration and monitoring” service is provided according to the list of works.
    12.2 The “VPS Tariff Reduction” service for an existing order for the purposes of security and safety of the Subscriber’s data is applied only by placing a new order at the Subscriber’s expense and transferring data from the old order to it with the assistance of the Operator’s engineers. After the transfer, the remaining funds for the old order are is transferred to the Subscriber’s balance.
    12.3 The “Withdrawal of funds under the affiliate program to WebMoney” service is carried out by the Operator with a commission of 1% of the transaction amount.
    12.4 The additional service “Refusal of basic administration” (with a 50% discount) is provided only for VPS orders and is connected only when a new order is placed. This service can be applied to an existing order only by the Subscriber placing a new order and transferring data from the old one to it independently, without involving the assistance of the Operator’s engineers. Upon completion of the transfer, the Subscriber can contact the ticket system with a request to refund the old order in accordance with the provisions of this Offer.
    12.5 If the Subscriber creates an excessive load on the parent server, the Operator has the right to impose a limit of 150 domain names (domains of any level specified in the configuration as a separate domain name are taken into account) for the VH order. In such a case, the Operator shall notify the Subscriber five working days in advance via the ticket system about the need to reduce the number of domain and subdomain names in the current order to an acceptable volume or transfer the order to VPS with the assistance of the Operator’s engineers.
    12.6 The “Sending original documents” service is carried out at the Subscriber’s expense by any method available to the Operator at the Subscriber’s discretion.
    12.7 The “Free Domain” service is provided to the Subscriber upon payment for a VH or VPS order for a period of one year. In this case, in the event of early cancellation of the order by the Subscriber and a request for a refund, the cost of the free domain name is deducted from the amount actually paid by the Subscriber for the said order. Also, a free domain name cannot be transferred to another registrar before the expiration of the VH or VPS order to which it was, respectively, provided.
    12.8 When registering, renewing or transferring a domain name, the Subscriber accepts the official rules of the relevant domain zone, including those regarding the principles of processing personal data.
    12.9 If the Subscriber is found to be using more resources than provided for by the VH or VPS tariff chosen by him, the Operator has the right to introduce strict restrictions on the relevant Subscriber orders, including by imposing limits on the virtualization technologies used by the Operator (CageFS, etc.) and by blocking the order until the Subscriber eliminates the reasons for the excess resource usage.
    12.10 Due to the blocking of the Operator’s networks on the territory of Turkmenistan, orders of clients using the Operator’s Services within the jurisdiction of Turkmenistan are canceled. Refunds for such orders are not made.
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