1. General Provisions. Terms and Definitions
1.1. MiroHost Terms of Service set out rules and guidelines in regard to Customer Services and is binding for the Parties hereto.
1.2. For the purposes of this Terms of Service, the following terms and definitions have the following meaning:
- ‘Customer’ means any individual, legal entity, or independent contractor that has accepted the Offer.
- ‘Administrators’ means persons authorized to act on behalf of the Contractor.
- ‘Customer Services’ means customer services provided to the Customer in accordance with the Offer (Standard Form Contract).
- ‘Services’ mean all components of hardware and software.
- ‘Control Panel’ means a web interface provided to the Customer for remote hosting, related services, and customer services control.
- ‘Service Code’ means a unique number assigned to the Customer placing its order. Service Code is used for Customer identification.
- ‘Profile’ means a customer data sheet that contains information the Customer has provided for registration purposes (updated if necessary).
- ‘Technical Support’ means a set of measures to ensure the proper operation of the Customer Services.
- ‘Technical Support Service’ means the Contractor’s employees providing technical support.
- ‘Virtual Hosting’ means a type of hosting where multiple websites are located on one web server.
- ‘VPS’ (Virtual Private Server) means a technology for system resources virtualizing that allows creating multiple virtual servers within a physical server functionally equivalent to a physical dedicated server.
- ‘Dedicated Server’ means a type of hosting where the Customer gets a separate physical dedicated server.
- ‘Website Content’ means any information, data, text, programs, music, sounds, photos, graphics, videos, messages, and other materials made available on the website.
- ‘Contractor’s website’ ― https://mirohost.net
- ‘Hosting’ means a service that includes the provision of a storage space and other resources to host information on an Interment server.
- ‘Technological Platform’ means the Contractor’s premises where Customer Services are provided.
2. Registration in the Contractor’s system and inadmissibility of fake information.
2.1. Before using the Customer Services, the Customer is required to register in the Contractor’s system by submitting an application on the Contractor’s website.
2.2. When making a Service order, the Customer at its own discretion selects the price plan and duration of the Customer Services. When ordering a hosting service from the Contractor, the Customer gives its consent to pay for the Customer Service at a price valid on the day when the Contractor starts filling the order.
2.3. The Customer pays for the Customer Services by wire transfer to the Contractor’s bank account indicated on the Contractor’s website.
2.4. The Customer provides accurate and complete information required for registration:
For individuals: last name, first name, patronymic (if any), registered and actual residence address, and contact information (email, telephone/fax number); For independent contractors: last name, first name, patronymic (if any), registered and actual address, and contact information; For legal entities: name (corporate name), actual and registered address, correspondence address, contact information, authorized representative’s name. The Customer is held responsible for providing current, correct, and complete information and documents.
2.5. The Contractor may at any time verify any information provided by the Customer without any prior notice to the Customer. If as the result of such verification, any documents or information are found incorrect, the Contractor may suspend the services until the Customer provides the reliable information, required documents and supporting information.
2.6. Where there is any doubt that any information is accurate, the Contractor may at any time request clarifying information, additional information, and required documents. The request is communicated to the Customer’s email address specified in its profile.
2.6.1. In case the Customer has failed to respond to the request within ten (10) calendar days following the request or if the information contained in its profile is found inaccurate, the Contractor may suspend the services until the Customer provides accurate information and documents. The restrictions are removed within 3 working days from the day when the requested information has been provided.
2.7. The Contractor is not liable for any adverse effects of its activities based on inaccurate, incomplete, incorrect information and documents provided by the Customer.
2.8. The Customer Service is rendered by the Contractor and is deemed rendered irrespective of whether the domains specified by the Customer are working properly.
2.9. The Contractor provides the Customer Services after the Customer has paid for them in full. If the Contractor has not received the sufficient amount on its bank account within sixty (60) calendar days from the day of the order, this order is cancelled.
2.10. During registration, the Customer gets a service code identifying the services ordered. The Customer indicates the service code in a payment document.
2.11. The Customer may change the passwords that allow access to Services set by the Contractor using the Control Panel.
2.12. The Customer ensures protection and confidentiality of its authorization data and is fully responsible for any use of such data
2.12.1. The Customer is fully responsible for any loss or damage that may arise out of the unauthorized use of such data.
2.12.2. In case of loss of authorization data or a telephone number indicated and used to get SMS passwords, in case authorization information has been accessed or may be accessed without authorization, the Customer has an obligation to contact the Technical Support Service via email or telephone in order to get recommendations on what to do next.
2.12.3. If the Customer gives access to the Control Panel and any available resources and services to any third parties, this Customer is responsible for such third parties’ activities.
2.13. The Contractor may immediately suspend the Services and/or disable the software or hardware and/or remove the resource and/or cancel the Customer’s registration without prior notice in the following cases:
а) if the Customer takes any action aimed at the misinterpretation of nature or character of any persons or items;
if the Customer uses any forms or techniques of unauthorized representation of any third parties on the Internet;
if the Customer provides fake information or information that does not belong to the Customer, i.e. names, addresses, logins, passwords, email addresses, telephone numbers, etc. unless the owners of such information have authorized the Customer to use it;
if the Customer provides fake IP-address or identification information, as well as addresses used in other network protocols when transferring data on the Internet.
2.14. For the purposes of data protection, the Contractor may, without prior notice to the Customer, change the Customer’s authorization data and authorization procedures. The Contractor has an obligation to notify the Customer and provide new authorization data as promptly as practicable after having made such changes.
3. Technical Support
3.1. The Technical Support Service manages and controls technical equipment and system software, ensures that the services are properly provided to the Customer under the Contract, and processes the Customer’s requests.
3.2. When addressing the Technical Support Service, the Customer has an obligation to provide the service code of the order, the domain name for which the service is provided, and profile information.
3.3. All Requests are processed first out. Maximum request processing time is 24 hours.
3.4. Urgent Requests are processed out of turn, such as requests to remind the Customer’s login and password in case they have been compromised and request to resume the work of major services, etc. The Contractor determines whether the request is urgent on a case-by-case basis.
3.5. The Customer may request the Technical Support by telephone, email, or in person.
3.6. When requesting Technical support via email, the Customer sends a request in keeping with the subject matter of the message:
- general information: firstname.lastname@example.org
- technical support: email@example.com
- billing: firstname.lastname@example.org
3.7. The required original documents and their copies may be delivered by fax or mail to the Contractor’s address or by personal delivery to the Contractor’s office.
3.8. Any requests delivered using other communication methods, including ICQ, IM, Skype, etc. will not be processed.
3.9. The Technical Support Service is not required to provide advice in regard to program development, web design, script and program settings, and similar issues.
3.10. Answers to frequently asked questions may be provided in the form of URLs to relevant pages of Contractor's website.
3.11. Any request may be denied in the following cases:
а) if the Customer has failed to provide information required to identify its Order;
- if the Customer has requested a service that does not comply with the Contract terms and conditions;
- if the Customer has requested a service that does not comply with the Contract terms and conditions;
4. Information security and data integrity. Software operation
4.1. Unless otherwise specified in the Contract, the Contractor undertakes to provide basic information security for Customer’s servers and resources within the limits of the usual terms.
4.2. The Contractor ensures backup copying of any statistics made available on the Customer’s resources within the last 15 calendar days. No backup copying of email messages and log files is provided.
4.3. If data loss has occurred through Contractor’s fault, the Contractor takes all steps required to recover information as soon as possible.
4.4. If data loss occurred through Customer’s fault, such data is recovered from the last archive upon the Customer’s request addressed to email@example.com.
4.5. The Contractor ensures that the Customer’s email messages are stored on the server within no more than 120 days. Expired messages will be deleted.
4.6. The Contractor does not guarantee that email messages will be received, processed, stored and sent properly when using email to transfer files.
4.7. The Contractor does not guarantee that the Customer receives Technical Support messages in cases when the receiving mail server does not receive Contractor’s messages.
4.8. The Contractor may at its own discretion change the presentation and design of automatically generated pages containing error messages, including but not limited to logos, trademarks or other images used to identify Contractor, inserted commercials, etc. Users may change the presentation and design of part of such pages (errors 40x, 50x, etc.).
4.9. The Contractor ensures normal operation of the Services and their compatibility with other software, as indicated in the specifications for specific services.
4.9.1. The Contractor does not guarantee normal operation and compatibility of any software developed by the Customer or any third parties.
4.9.2. The Customer may install and use any other software at its own risk.
4.10. Pre-installed software specified within the selected price plan may be used on virtual hosting servers, provided that all and any restrictions specified in this document have been complied with. No software may be installed on the server that is not directly connected to virtual hosting (including proxy servers, socks-servers, IRC-servers and IRC-bots, instant messaging servers, etc.). Any installation of any software that may affect the interests of other users is strictly prohibited.
4.11. The Contractor may suspend, block or prohibit the use of any user software if it causes or may cause any accidents, security failures, breach of these Terms of Service or the Contract.
5. The use of system resources in virtual hosting
5.1. The scope of storage space is specified according to the price plan. The total scope of storage space includes all resources of the Customer.
5.2. The peak memory usage in user processes may not exceed 2,5% of a server storage.
5.3. Limits for user CGI scripts:
Maximum number of simultaneous tasks: 10; maximum execution time allowed for CGI scripts: 15 processor seconds and no more than 5 real-time minutes; Maximum number of open files per process: 32; Maximum RAM usage: 100 Mb per process, with no more than 50 Mb for data; максимальный размер файла 512Mb.
5.4. Limits for user processes Unix Shell/Cron:
Maximum number of simultaneous tasks: 32; Maximum execution time allowed for scripts: 10 processor minutes; Maximum number of open files per process: 64; Memory use limit:128 Mb per process, with no more than 64 Mb for data; Maximum file size: 1024 Mb.
5.5. Limits for PHP scripts:
Maximum running time: 600 seconds; Maximum memory usage: starting from 96 Мb, depending on the price plan (for PHP: 4.х 10Mb).
5.6. Size of data transferred to the server using HTTP (including the maximum size of a file transferred to the server using HTTP): 32 Mb.
5.7. Number of simultaneous connections to MySQL database server: 64.
5.8. Number of simultaneous connections to HTTP server: 64.
5.9. Size of email messages: 15Mb.
5.10. Number of simultaneous connections to email services: 10; email services connection limit rate: max 10 connections per minute.
5.11. Number of FTP connections from one user or one IP-address: 3.
5.12. If the occurs, the processes causing the overload may be disabled.
5.13. If such occurs repeatedly and the Customer does not take any measures to address this problem, the resource may be blocked after notifying the Customer.
5.14. Number of files: 20000, with not more than 2000 in one directory.
5.15. Number of messages in one mailbox: 10000.
5.16. The use of PHPProxy, RapidaGet, and similar proxy software is prohibited.
5.17. Number of emails sent by the hosting server: 150 emails within 30 minutes.
5.18. Number of emails sent by the hosting server mx1.mirohost.net using SMTP-100 protocol: 100 emails within 30 minutes.
5.19. Number of copies (cc, bcc): 35.
5.20. The Customer may from time to time run scripts (cron) for virtual hosting, but no more than once an hour.
6. The use of system resources. Dedicated server terms and conditions
6.1. Storage space limits are specified depending on the service the Customer has ordered. The total size of storage space includes all Customer’s resources.
6.2. For dedicated (Smart+) hosting with control panel, a set of virtual hosting (hosting OS) selected by the Customer is installed. Herewith, the Contractor does not give the Customer any management access to the server.
6.3. Software setup and update is carried out by the Contractor’s technical staff within the scope of a software package. Additional software not included in the initial virtual hosting package may be installed only if agreed with the Contractor’s technical staff and provided that there is a technical capability for such additional software setup.
6.4. The mode, settings and source codes of the installed software may be modified by the Contractor’s technical staff without prior notice to the Customer.
6.5. If the Customer has refused to use dedicated (Smart+), all software installed within the scope of this service is deleted.
6.6. Using the equipment (dedicated) provided by the Contractor, the Customer undertakes to:
- Use a single MAC address for every dedicated connection port. If switching equipment is connected to the Contractor’s port or any server virtualization technology is used, the maximum number of dedicated port MAC addresses is agreed by the parties;
- Refrain from using protocols and technologies, such as Spanning Tree, Multicast, Broadcast Forwarding, as well as all other Broadcast types (except ARP) on all interfaces connected to the Contractor’s network;
- Use RFC2600 standards for this technology (STD0001 Internet Official Protocol Standards).
6.7. Access requirements for dedicated server equipment maintenance.
6.7.1. The Customer may access the equipment to carry out its maintenance. The Customer’s representatives may as well carry out maintenance. The Customer makes up a list of such representatives indicating their names and provides it to the Contractor with due advance. Every such representative must provide a duly executed power of attorney from the Customer authorizing the right to carry out maintenance and an ID.
6.7.2. The Customer or its representatives notify the Contractor no less than 24 hours prior to conducting routine maintenance, repair or other works by sending a Request from a contact email to the Technical Support email address.
6.7.3. Data Center visiting hours for customers and their representatives is available on the Contractor’s website.
6.7.4. The equipment is accessed by disconnecting it from the power supply and data transfer networks, removing it from the rack and providing it to the Customer in a specially equipped workplace that allows connecting to power networks and Ethernet without changing IP addresses. A monitor, a keyboard, and a mouse manipulator are provided for carrying out equipment maintenance.
6.7.5. Access for equipment maintenance may be provided to no more than two (2) Customer’s representatives at a time. Maintenance may be conducted no more than five (5) times within a calendar month, with access to equipment provided no more than twice for each piece of Customer’s equipment within a calendar month. Maintenance is carried out between 10 a.m. and 6:30 p.m. Kyiv time. Urgent access is provided at a well-reasoned Customer’s request. The Contractor provides such (urgent) access if is technically feasible.
6.7.6. The maintenance time may not exceed three consecutive hours.
6.8. It is required that on the Contractor’s premises, the Customer, and its representatives:
а) comply with fire safety and industrial safety rules, the requirements of the sanitary and epidemiological agency of Ukraine, as well as industry standards applicable to the Customer;
immediately notify the Contractor of any damage, accident or other event that caused (or may cause) any damage to the Technological Site, as well as damage to property located on the Technological Site, and take all possible measures to prevent the threat, further destruction or damage of property located on the Technological Site, as well as the Technological Site itself;
use the equipment, software, and hardware provided by the Contractor only for receiving the Customer Services provided by the Contractor.
6.9. Rental of a KVM switch for a dedicated server.
6.9.1. The device connects directly to monitor, keyboard, and server mouse ports.
6.9.2. To rent a KVM switch, the Customer is required to use Internet Explorer with at least 64 speed and pop-up windows allowed. In addition, the Customer’s operating environment requires Java Runtime Environment (JRE) installation.
6.9.3. The Customer is fully responsible in case the device may not be used as intended. The Contractor guarantees only device connectivity by sending access details.
6.9.4. To provide access to the Service, the Contractor provides the Customer with a unique login and password for a period of the Customer Service use.
6.9.5. The Customer Service time limit is 1 (one) hour at a time. This time limit may be prolonged for another hour at the Customer’s request. Upon the expiry of the indicated time, the Contractor may terminate the Service without notifying the Customer.
6.9.6. The service is provided at the Customer’s Request sent from the contact email to the Technical Support Service email, provided that it is technically feasible.
7. No illegitimate information storing, publishing, or sharing
7.1. The Contractor does not control any information stored, published, shared, or transferred by the Customer using the Customer Services and is not responsible for its accuracy, quality, and content.
7.2. The Contractor does not review any such information.
7.3. The Contractor is not responsible for any data nodes created and maintained by the Customer and its users. Herewith, the Contractor reserves the right to check the information contained in such data nodes, if necessary.
7.4. The Contractor reserves the right to immediately suspend the Customer Services and/or disable the software or hardware and/or delete the website and/or cancel the Customer’s registration without prior notice in the following cases:
а) if the Customer publishes or promotes resources that encourage violence, fascism, extremism, terrorism, nationalism, chauvinism, racial intolerance and/or declare any race, nationality or sex superior and/or declare other races or nationalities inferior, as well as resources encouraging to remove a legitimate government of any country;
if the Customer makes available any URLs to any web resources containing anything that is not in compliance with the applicable law of Ukraine and/or in full or in part protected by copyright, related rights, or other rights without right holder’s authorization;
if the Customer makes available any web resources that encourage, support or activities in breach of the applicable law of Ukraine and/or in breach of agreements executed in Ukraine or international agreements;
if the Customer takes any actions aimed at sending, publishing, transferring, reproducing, uploading, posting, sharing, and using in any form the materials obtained using the Customer Services that are protected by copyright laws, materials (or any part thereof) protected by copyright, related rights, or other rights without the right holder’s authorization;
if the Customer takes any actions aimed at sending, publishing, transferring, reproducing, uploading, posting, sharing, and using in any form the content that is harmful, defamatory, threatening, offensive, insulting to specific persons or organizations, affects any patent, trademark, trade secret, copyright or related rights of any third party;
if the Customer takes any actions aimed at sending, publishing, transferring, sharing, using, collecting and storing personal data identifying any third parties who have not authorized the Customer to do so; such identifiable personal data includes names, addresses, telephone numbers, etc.;
if the Customer takes any actions aimed at sending, publishing, transferring, and sharing information about third parties that not true or affects the business reputation or in any way affect the honor and dignity;
if the Customer takes any actions aimed at sending, publishing, transferring, and distributing software containing codes working as viruses, hacker programs, Trojan, spyware, or other similar components;
if the Customer takes any actions aimed at sending, publishing, broadcasting, distributing or promoting pornography, child pornography, sex services, etc.;
if the Customer publishes or shares any materials promoting violent treatment of any person or a group of persons or violent treatment of animals, and/or encouraging to break the law;
if the Customer publishes or shares any information on how to create and use explosives or other weapons;
if the Customer installs any software designed to work with file-sharing networks.
7.5. The Customer is fully responsible for any information, data, and other materials that are publicly available or have been shared privately and are otherwise available using the Contractor’s Services.
8. No unauthorized access; no network attacks
8.1. The Contractor may temporarily suspend the Customer Services without any prior notice to the Customer, inter alia disable and/or delete its website and account in the following cases:
а) if to the Contractor’s best knowledge and belief, by using the Services, the Customer can incur damage to the Contractor and/or cause any Contractor’s and/or third party hardware/software breakout;
external damage or damage to operational capabilities of any components the Contractor implements on the Customer’s web page (website) according to the contract, including Control Panels, background images, logos and advertising banners, presentation and design of automatically generated pages with error messages, etc. Herewith, if a standard banner automatically inserted on the Customer’s page by the Contractor is not displayed or displayed improperly due to any peculiarities of a web page code, the Customer has an obligation to change the web page code to ensure proper display of this banner, or manually insert a banner code on a page the Contractor suggests to install instead of a standard one;
any Customer’s activities aimed at any publishing, sharing, mailing, transferring of any information or software containing viruses or other harmful components;
any Customer’s activities aimed at any publishing, sharing, mailing, transferring of any information or software containing computer codes, files, or programs designed to infringe, destroy or limit the operating capability of any computer or telecommunication equipment or programs, in order to obtain unauthorized access;
any Customer’s activities aimed at any publishing, sharing, mailing, transferring of any information or software containing serial numbers of commercial software products and programs for their generation, logins, passwords and other means of obtaining unauthorized access to any commercial web resources, as well as making available the links to the above information;
any Customer’s activities aimed at disrupting the work of Internet elements (computers, other equipment or software) that do not belong to the Customer;
if the Customer uses any settings that cause trouble with real-time data exchange and the Internet normal operation mode, including screen scrolling at a speed that makes it difficult for the users to enter information, open additional browser windows, etc.;
the Customer’s activities aimed at obtaining and use of unauthorized access to Network resources (computers, other equipment, or information resources). Unauthorized access is interpreted as any access in a manner other than intended by the resource owner, as well as destruction or modification of any software or data that does not belong to the Customer without the consent of the owners or administrators of such software or data;
if the Customer transfer to third-party computers or equipment any meaningless or useless information that surcharge such computers, equipment and intermediate network sections exceeding the minimum required to verify network connectivity and availability of its specific components;
if the Customer scans network nodes to identify security vulnerability, lists of open ports, internal network structure, etc. without resource owners’ consent;
if the Customer provides mail relay services that do not require authorization, open anonymous proxy servers, open teleconferencing servers, etc.
9. No Unsolicited Messages (Spam)
9.1. The Contractor may temporarily suspend the Customer Services without any prior notice to the Customer, inter alia disable and/or delete the Customer’s website or account in the following cases:
а) If the Customer sends any unsolicited commercial advertising messages (spam), including electronic messages that contain any link to any website and encourage to visit it. Spam also includes sending unsolicited messages to multiple recipients; sending multiple messages to one recipient; sending large emails or emails containing large files.
if the Customer includes any email address in any mailing list without the prior consent of such email address owner. If registration with a website requires a user to subscribe to messages, a user is explicitly notified of it before providing its data, even if any of system messages provide information on how to remove an email address from a mailing list. Any email address entered by a user is verified through a confirmation request required for including in a mailing list. No subscription confirmation request may contain any advertising;
if the Customer repeatedly sends messages that do not contain any information on how to remove an email address from a mailing list;
if the Customer continues to send messages to email addresses from which the Customer has previously received requests to stop doing so;
if the Customer promotes goods and services that are restricted or prohibited by the applicable laws of Ukraine;
if the Customer shares email addresses of any third parties, dubious commercial offers, such as Ponzi schemes, making money online offers, letters of happiness, etc. and encourages to take part in such activities, inter alia by sending unsolicited messages using the Contractor’s services or containing URLs to Customer’s website addresses or indicating such addresses allowing to access the Customer’s websites developed using the Contractor’s services, even provided that they have been sent without using the Contractor’s services.
if the Customer, to the best of Contractor’s knowledge and belief, facilitates mailing of unsolicited messages (sharing lists of email addresses and programs specifically designed to facilitate such mailing), by providing connection of servers and subnets distributing them; website hosting, email and DNS support for domains used for this or containing offers to do so. Such facilitation as well includes providing support for websites advertised using unsolicited messages commenced by their owners or administrators.
10. Rights and liabilities of the parties
10.1. The Contractor, having reserved all rights under the Contract, may temporarily suspend the services without notifying the Customer inter alia disable and/or delete the Customer’s website and account in the following cases:
а) if the Customer has exceeded the established limits of system resources usage, which has or may have a significant adverse effect on a service quality for other Customers, provided that this problem cannot be automatically dealt with by an operating system. Herewith, if the cause of service overconsumption cannot be fixed, the Contractor may advise the Customer to switch to a dedicated server or another price plan, provided that there is a plan with relevant technical capabilities. If the Customer refuses to do so, the Contractor may terminate the Contract on grounds of lack of technical capabilities to continue providing the Customer Services;
if the Customer uses at a high consumption rate any system resources of a server where the VPS service is provided, not including the system resources provided according to a price plan, which has or may have a significant adverse effect of a service quality for other Customers. Herewith, the rate of system resources consumption is determined only by the Contractor. If the cause of high consumption cannot be fixed, the Contractor may advise the Customer to switch to a dedicated server or another price plan, provided that there is a plan with relevant technical capabilities. If the Customer refuses to do so, the Contractor may terminate the Contract on grounds of lack of technical capabilities to continue providing the Customer Services;
if the Customer carries our other activities prohibited by the Contract, these Terms of Service, and/or the applicable laws of Ukraine;
if the Customer carries out other activities not envisaged by the Contract or these Terms and entail misdemeanor or criminal offense elements or infringe the rights of any third parties;
if the Contractor has received the relevant request or instruction from any state, regulatory, or other competent authority.
10.2. The period when the Customer Services are suspended on grounds specified in clause may not be deemed as a period of Customer Services interruption and may not be interpreted as a breach of Contractor’s obligations under the Contract.
10.3. The services are suspended and/or the Customer’s software and/or hardware is disconnected until the Customer complies with the Contractor's requirements to remedy a breach. Herewith, the Customer agrees to comply with all its obligations under the Contract.
10.4. The Contractor may suspend the Customer Services for any period required to carry out routine equipment maintenance. The Contractor notifies the Customer of such suspension at least one day before carrying out such maintenance.
10.5. When providing a dedicated hosting service, the Contractor may carry out emergency maintenance requiring to urgently switch off the Customer’s equipment, provided that the equipment integrity is at higher risk when switched on. In this case, the Contractor notifies the Customer’s technical staff that the equipment will be disconnected at least 8 hours in advance by telephone and/or e-mail.
10.6. The Contractor does not guarantee that emails from any remote network are delivered to the Customer in case this remote network address has been listed out among the addresses that the Customer’s email delivery program does not deliver.
10.7. The Contractor does not control any content of information stored, published, or distributed by the Customer using the Services and is not responsible for the accuracy, quality, and content of such information.
10.8. The Contractor is not responsible for any content of data nodes created and maintained by the Customer or any users and does not perform any prior review. In the event it has become obvious that the Customer has violated the law, the Contractor may suspend the Services without any prior notice.
10.9. The Contractor provides all Customer Services “as is”, provided there is a technical capability for providing such services. The Customer uses the Contractor’s services, as well as any materials obtained using these services, at its own risk.
10.10. The Contractor is not responsible for:
а) any damage that may be caused to the computer and/or any other equipment and/or data as a result of downloading the materials received;
any direct or consequential damage caused as a result of the Costumer’s use or inability to use the services, or incurred as a result of errors, omissions, interruptions in performance, deleted files, defects, delays in performance or data transfer, or changes in functionality, or other reasons whatsoever;
any delays, failures, improper or untimely delivery, deleting or failure to keep safe any Customer’s information;
the quality of public communication channels and data transfer networks, including the Internet using which the Customer Services are accessed;
any complaints filed by the Customer in regard to the quality of the Internet connection that depends on the operation of other providers’ networks, traffic exchange policies, equipment and Customer’s software, or other events beyond the Contractor’s competence, influence, and control;
any agreements made between the Customer and any third parties;
any claims filed by any third parties who have executed services contracts with the Customer, provided that all services or any part of them are rendered by the Customer using the Services provided by the Contractor;
any infringement of any third-party rights by the Customer caused by using the Customer Services provided by the Contractor.
10.11. The Contractor’s services may contain links to other resources. The Contractor is not responsible for providing access to these resources, for any content available on these resources, as well as for any consequences involving the use of any content available on these resources.
10.12. Provided that the Internet is available in numerous jurisdictions where their own laws are applied, the Contractor notifies the Customer that any activities on the Internet, whether unintentional or intentional, may result in a breach of any laws applicable in numerous jurisdictions. The Contractor is not liable for any such Customer’s breach.
10.13. The Contractor is not responsible in case the Customer Services do not comply with the Customer’s requirements or expectations.
10.14. The quality of the Customer Services complies with requirements set forth in these Terms of Services. Herewith, the Contractor does not guarantee that the Customer Services are provided without fail and error-free, the software produced by third parties or any other materials used for providing the Customer Services is fully protected from viruses and other malware. The Contractor undertakes to take all reasonable measures to protect the Customer’s information.
10.15. Unless the Contractor has given its written consent, the Customer may not reproduce, duplicate or copy, sell (including importing for sale) or resell, or use any part of Contractor’s services for any commercial purposes.
10.16. The Customer assumes full responsibility and any risks associated with the use of the Internet through the use of the Customer Services, including the responsibility for assessing the accuracy, completeness and usefulness of any opinions, ideas, or other information, as well as any properties of any goods and services offered by the Customer on the Internet.
10.17. If the Customer provides access to resources and services to any third parties, the Customer is fully responsible for any activities of such third parties. The Customer is liable for any infringements of Contractor’s or third-party rights in the provided software and/or any damage or loss of any equipment or hardware.
11.1. The content accessed when using the Contractor’s services and customer services protected by copyright laws applicable in Ukraine and international copyright laws, as well as by trademarks, patents, and other applicable laws. All Contractor’s services, as well as all required associated programs connected, including documents and a source text, contain information protected by intellectual property laws and other laws applicable in Ukrainian and internationally. The Customer acknowledges the aforesaid and agrees not to modify, sell, or distribute this content and programs, neither in whole in part.
11.2. The Customer has been granted the non-exclusive and non-transferable right to use the software provided as part of the services on one computer, provided that the Customer and any third parties, with Customer’s assistance, agree that they may not do the following:
а) create programs derived from software;
copy or modify the software;
get inside the software aiming to obtain program codes;
modify the services, inter alia aiming to obtain unauthorized access to them;
sell, assign, lease out, transfer to any third party any rights in the software of the services provided under the Contracts.
11.3. In case of copyright infringement, the infringing party is liable in accordance with this Terms and the applicable law of Ukraine.
12. Complaint procedure and dispute settlement
12.1. The parties are required to settle any disputes in a complaint (pre-court) procedure.
12.2. The Contractor accepts and reviews any Customer’s complaints in regard to the Customer Services filed in only writing and subject to the applicable laws of Ukraine.
12.3. Any complaints of any third parties in regard to data nodes developed and maintained by the Customer or its users or in regard to the Customer’s activities carried out using the services rendered, etc. are filed in writing.
12.4. No complaints filed electronically and/or communicated to the Contractor by email and/or facsimile are accepted or reviewed.
12.5. It is required that a complaint contains the following information:
- the applicant’s name (for legal entities, full corporate name; for individuals, full name);
- for legal entities, current address; for individuals, registration or residence address (postal code, country, region, city, town, street, street number, building number, apartment/office number), that is, the address where the Contractor is required to deliver a response to a complaint;
- for individuals, ID information (a passport or a document that replaces it); for legal entities, information or a document certifying its registration with a competent authority;
- banking details, if any.
12.6. It is required that a complaint indicates grounds for filing it, the amount of every specific claim, and the list of documents attached. A complaint shall be signed by an applicant (for individuals) or by an authorized representative (for legal entities).
12.7. No anonymous complaints are accepted or reviewed. The deadline for responding to a third-party complaint is established in accordance with the applicable law of Ukraine.
12.8. If the parties have failed to reach an agreement during negotiations, the dispute arising from the Contract is settled in a court at the Contractor’s location in accordance with the applicable laws of Ukraine.
13. Final Provisions
13.1. The Contractor may unilaterally alter any rules and restrictions contained herein to improve the overall system performance and quality of Customer Services. The current version of the Terms of Service is available on the Contractor’s website (https://mirohost.net).
13.2. Any use of Customer Services to provide any mass services, such as public email services, redirect services, etc. is strictly prohibited. The Contractor may refuse to provide the Customer Services if the Customer provides the said services and customer services.
13.3. If a party facilitates any activities aimed at violating the restrictions set forth in this Terms of Service or provides any support to the aforesaid activities, inter alia refuses to terminate them or fails to take any appropriate measures, this party is in breach of this Terms of Service and is liable as specified herein.
13.4. The Customer Services are suspended and/or the Customer's software and/or hardware is cut off until the Customer has remedied its breach at the Contractor’s request. Therewith, the Customer remains obliged to perform all its obligations under the relevant Contract.
13.5. The Contractor may at any time prohibit any automatic access to its services and refuse from receiving any information generated automatically, such as email spam.
13.6. The Contractor may transfer any service data that a web server addresses to the Customer’s computer and/or its user to be saved in a web browser (cookie files) and use it. The Contractor may allow certain companies, partners, or advertising services to use cookie files on the Contractor's projects. In this case, no use of cookie files by these companies is subject to these Terms of Service and is regulated directly by this company.
13.7. The Contractor may, at its own discretion, cease to be connected to networks that violate any interaction principles.
13.8. The Contractor may communicate information messages to Customers. Such messages may not be considered as spam.
13.9. If a court has found any provision of these Terms of Service invalid or unenforceable, the same shall not affect the validity or enforceability of any other provision hereof.
13.10. If the Contractor has failed to take action in case of breach of these Terms by the Customer, the Contractor reserves the right to protect its interests later by taking appropriate actions. Such failure to take action may not be deemed as a waiver of rights by the Contractor in the event that similar conduct occurs in the future.