Public Offer Agreement

ZOMRO.NET Hosting Provider, hereinafter referred to as "the Contractor”. Client, hereinafter referred to as "the Subscriber”.

1. Obligations of the Contractor
1.1. Provide Services to the Subscriber by registering the Subscriber.
1.2. Register the Subscriber (create a hosting account) by issuing and sending password and login to the Subscriber’s e-mail.
1.3. Provide the Services in accordance with the chosen tariff plan.
1.4. Ensure confidentiality of the Subscriber’s data received during registration, as well as the contents of private e-mails, except for cases stipulated by the effective legislation of Ukraine/Netherlands.

2. Obligations of the Subscriber
2.1. Timely pay for the Services in accordance with the chosen tariff plan. The Subscriber undertakes to familiarize himself/herself with the Terms of Service information and tariffs of the Contractor.
2.2. Do not violate the Service usage rules (described below).
2.3. In the event of failure to pay for the Services, despite all warning letters from the Contractor, the Contractor has the right to suspend Services, and in extreme cases, to charge the Subscriber a fine in the amount of five-fold payment of overdue days.

3. Domain name registration and transfer rules

3.1. The Contractor provides the Subscriber with the opportunity to register, renew and transfer domain names both in favour of the Contractor and in favour of third parties.
3.2. All operations with domain names, including payment, are carried out using an automated system in the personal account.
3.3. Registration of domain names involves obtaining personal information about the potential owner of the rights to the domain name. Additionally, user’s identification data can be published in public sources (e.g., WHOIS databases).
3.4. Transfer of rights to a domain name, transfer of a domain name for management to another Registrar shall be performed only after an official letter is received from the Subscriber. If a domain name is registered to a legal entity, a letter printed on the Company’s letterhead with the Company’s seal and signature of the senior manager is required to transfer the rights / domain name transfer. If a domain name is registered to an individual, then copies of the first and second pages of the passport certifying the Subscriber’s signature shall be provided together with the request for the transfer of rights / domain transfer. In case the Contractor is no longer able to provide services to the Subscribers, the Contractor guarantees transfer of domain names to another Registrar with retention of user information and rights to each domain name.
3.5. All information provided by the Subscriber to the Contractor for domain name delegation shall be complete, valid and accurate.
3.6. The Subscriber shall immediately inform the Contractor about any changes in the information provided in paragraph 3.5.
3.7. The Subscriber agrees that he/she understands the purpose of collecting, storing and publishing the information provided by him/her to the Contractor and necessary for the domain name delegation process, as well as that such information will be publicly available in real time via WHOIS or a similar service.
3.8. The Subscriber agrees that neither the Contractor, nor the Administrator, nor the Registrar are liable for the consequences of using or misusing domain names by the Subscriber, including towards third parties, and in cases when the Subscriber violates the rights of third parties.

4. Hosting and VDS/Dedicated usage rules

4.1. It is forbidden to engage in brute-force attacks, port scanning, spam (scripts intended for sending messages to forums, chat rooms, feedback forms, e-mail, etc.) support hacking, cracking, phishing and other illegal Internet activities.
4.2. It is prohibited to post on websites any materials that contradict the laws of Ukraine.
4.3. In case of storing pornographic or erotic content, since there is no clear boundary between them, such cases will be considered at the discretion of the Administration.
4.4. Installation of IRC servers and IRC bots is forbidden.
4.5. Storage of any types of computer viruses in provided disk space is prohibited.
4.6. Crypto currency mining is prohibited.
4.7. The Subscriber shall pay for the Services timely. Use the personal account to see the number of remaining prepaid days and extend virtual/dedicated server. In case the Subscriber cannot timely pay for the Services, we can provide a payment grace period. To this end, you should write from your account to the customer service department ( -> Requests -> Create) that the payment is temporarily delayed. We will give you a grace period of 5 days max. If the payment is not made within the specified terms, the server will be blocked, and all data will be deleted after 24 hours.
4.9. When ordering a trial period for the server, the Contractor reserves the right to stop providing the Services and to delete the server in the case of absence of any activity by the Subscriber.
4.10. VPN or proxy hosting is forbidden.
4.11. VPS/VDS virtual dedicated server may not be used for DDoS attacks or other malicious intents, as well as actions prohibited by the Ukrainian law.
4.12. The Contractor reserves the right to limit channel speed down to 10-30 Mbit/s or block the server in case of high network activity for a long period of time, which causes network equipment load exceeding 90%.
4.13. For any shared hosting plan, it is forbidden to install any additional non-standard software, control panel/game server statistics scripts, torrent trackers, etc., except for situations where the Contractor’s consent has been obtained for such content. In all other cases, such content may be published within VPS/VDS service or physical dedicated server only.
4.14. Websites located on shared hosting that exceed the maximum acceptable load can be blocked if the situation is not resolved with the Subscriber for the better (changing the plan to a higher one, moving to VDS/Dedicated or deleting/optimizing scripts, which cause heavy loads).

If the above rules are violated, the hosting account is blocked in a best-case scenario until the problem with the Subscriber is resolved, and in a worst-case scenario the account is immediately deleted (without any refunds).



5. Special terms and responsibilities of the parties
5.1. Data related to commercial cooperation between Subscribers and ZOMRO.NET hosting provider, namely the number of subscribers, the number of registered domain names, payment amount, terms and conditions of completing orders, logins and passwords for services, etc., are confidential. This information shall not be sold/transferred to third parties under any circumstances (an exception can only be made by a court decision).
5.2. The Contractor does not guarantee absolute availability or faultless service and does not guarantee that the proposed software or any other materials do not contain system errors. The Contractor shall undertake all reasonable efforts and measures to prevent this.
5.3. The Contractor shall not be liable for direct or indirect losses caused to the Subscriber as a result of the use or inability to use Services, or losses incurred as a result of errors, omissions, downtimes, deletion of files, defects, delays in data processing or transfer, feature changes and other reasons. The Contractor does not guarantee acceptance of the Subscriber’s email from remote networks, which IPs are black-listed and are ignored by the Contractor’s email client.
5.4. The Contractor is not liable for the quality of public communication channels, which are used to access the Services.
5.5. The Subscriber assumes full liability and risks related to Internet use by the Services, including the liability for assessing accuracy, completeness and usefulness of any opinions, ideas, and any other information, as well as the quality and properties of products and services distributed in the Internet and provided to the Subscriber through the Services.
5.6. The Subscriber is fully responsible for security of his/her password and for losses that may arise due to its unauthorized use. Upon login and password theft through the fault of a third party, the Subscriber has the right to send a request to the Contractor for changing the login and password with a mandatory attachment of the relevant financial document confirming the payment for the Services. The Contractor shall not be liable for the actions of third parties resulting in theft, and the Subscriber shall apply to the relevant investigation and law enforcement agencies to reimburse the money spent during stolen time.
5.7. The Contractor is not responsible for notifying any third parties about stopping access to the Services for the Subscriber and for possible consequences resulting from the absence of such a warning.
5.8. The Contractor fulfils the Subscriber’s requests sent only from the Subscriber’s contact e-mail or from the service area (billing account) on the Contractor’s official website. The e-mail address specified during registration on the Contractor’s official website is considered a contact e-mail. The Subscriber can request changing the contact e-mail in the registration database from the service area (personal account) on the Contractor’s official website.
5.9. In exceptional cases, customer verification may be required by confirming his/her phone number with the help of an incoming call from our operator or robot at the final stage of order placement after its payment.

6. Refunds

6.1. If the Subscriber declines the services provided within 30 days from the starting date of using the services, the Contractor undertakes to return the unused funds, granted the account is not blocked for violation of the rules, and a domain name, software license or server rent is not ordered. Otherwise the Contractor shall not return the funds.
6.2. No refunds are provided for dedicated servers! This policy is observed as dedicated server activation entails major financial costs for the hosting company.
6.3. In case of refund, discounts are taken into account, which were activated when paying for the service, i.e. only the actual paid amount is returned (without bonuses, etc.). The cost of installation, control panels, prepayment and basic fee for IP addresses and DNS service for hosting and reselling, domain names, administration, additional HDD and other services are not refundable. Only VDS is eligible for refund.
6.4. Refunds are made within 30 days using the method chosen by the company.
6.5. The payment system fee for money transfer is also deducted from the refund amount.
6.6. If through the refunded client fault, the company incurs losses (disabled servers, networks, IP black-listing, etc.) the amount of costs depending on each specific case is deducted from the refunded amount.

6.7. No refund is made if Services are blocked due to violations of this Public Offer Agreement.

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