THE CONTRACT OF PUBLIC OFFER (AGREEMENT) ON REGISTRATION OF DOMAIN NAMES
The information stated below is an official proposal (offer) to any natural person to complete the Agreement on registration of domain names. The specified Agreement is public, according to article 633 of the Civil code of Ukraine; its conditions are identical to all customers.
If you agree with its conditions you can submit the payment. In this case the Agreement will be concluded and our firm will supply a customer with services to register/re-register domain names.
The registrator of domain names is the subject of enterprise activity which in accordance with the corresponding Contract between him and the Administrator, provides the services necessary for technical maintenance of delegation and functioning of domain names to an uncertain circle of clients (Registrants).
Registrant of domain names - (here) the natural person that is using the services of Registrator on maintenance of delegation and functioning of domain names.
The Administrator of the domain - the person who is responsible for organizational and technical arrangements that are necessary for maintenance of functioning of technical means for addressing support, including servers of domain names on Internet web, directed on systematization and optimization of use, accounting and administration, and also creation of conditions for usage of domain names space, based on principles of equal access, protection of the consumers rights that are using the services of the Internet and free competition.
Legal entities should conclude the Contract only in written form!
Agreement for Personal Data processing
Any person, domain name Registrant, acting under free will and previously acquainted with the purpose of Personal Data processing, gives his/her agreement for:
- Personal Data processing without any clauses, Personal Data transmitting to Registrator Data Base (informational automatical system);
Purpose of Personal Data processing: Personal Data transmission to Registrator (Registrators), Administrator on the basis of relavant information take decision about domain name registration for person and provide with domain name functioning.
Composition and Personal Data scope (content), that process in Personal Data Base: authentication data, passport data, registration number of the card account of the payer of taxes.
Personal Data Base Owner is: Godunov O.S. (UKRHOSTING). Disponents of Personal Data Base are: Registrator (Registrators), Administrator.
Personal Data usage: any actions of the Owner for processing, protection these data, giving to other parties of legal relationships, connected with Personal Data partial or re- right to process Personal Data;
distribution Personal Data by giving data about Registrant from Personal Data Base to appropriate Registrator / Administrator; Registrant understands, that the domain names registration and administration process is foreseen to give personal information about potential owner of rights for domain name, does not prohibit for publishing Registrant`s personal data in public sources of information, for example, Data Base WHOIS , according to current legislation; Registrant allows to transfer his personal data to the parties of legal relationships, (Registrators and/or Administrator). Transferring personal data will be carried out under the provision of its protection and with the purpose of registration/ functioning support/ domain name administration;
about granting of services in registration/re-registration of domain names
SPD FL Godunov O. S., further the REGISTRATOR, Godunov Oleksandr Sergiyovych, operating on the basis of the Certificate of the state registration of the subject of entrepreneurial activity of the natural person and the payer of single tax, on one side and any natural person , further Registrant, from another, have concluded the Agreement of the following:
1. The subject of the Agreement
1.1 On the basis of the Agreement, the REGISTRATOR entrusts, and the REGISTRANT incurs obligations to perform the works connected with delegation of chosen by the REGISTRANT domain names on the name of the REGISTRANT or the third parties specified by the REGISTRANT, and the REGISTRANT has to accept and pay for the services of registration, maintenance and technical support of the chosen domain name and is in order and on the conditions predetermined by the present Agreement.
1.2 While performing and/or interpreting the Agreement both sides are to be guided steadily by the current legislation of Ukraine, effective standards of using a network of the Internet and operating Rules of the domain which the REGISTRANT wishes to register:
1.3 When multiple requests have been submitted for registration of a domain name the priority is defined by the time of submission. If the request of the REGISTRANT isn't priority, the payment is non refundable, but can be used to pay for other type of services (delegation of other domain name, hosting-service etc.) according to present rates.
2. General provisions
This Agreement is a public offer and is an equivalent of "the oral contract" and, according to the current legislation of Ukraine, has corresponding juridical validity. According to article 642 of chapter 53 of the Civil Code of Ukraine, unconditional acceptance of the public offer (Agreement) is considered complete by a payment of a fee by the REGISTRANT for the services provided by the REGISTRATOR and reception by the REGISTRATOR of the corresponding financial document confirming the payment.
3. The rights and duties of both Parties
3.1 Under this Agreement the REGISTRANT:
- iIs obliged to configure correctly primary and secondary DNS-zones and to check their working capacity if domain names are not supported by servers of the REGISTRATOR;
- is obliged to provide the REGISTRATOR with all the necessary for delegation and support of the chosen domain name information (e-mail or regular address) according to requirements of operating Rules of the chosen domain;
- is obliged to provide the REGISTRATOR with a hostname and an IP for the primary and secondary server of domain names which are providing the technical efficiency of a domain name (for providing the information the servers should exist and be configured to support primary and secondary zones of the above-stated domain name);
- is obliged to provide the REGISTRATOR with the payment on time and in full amount, on conditions provided in the provision # 5 of the Agreement;
- automatically, REGISTRANT gives his/her agreement for collecting and processing personal data at the moment of creation order and bill for services;
- is obliged to give to the REGISTRATOR the full, truthful and exact information about himself/herself and contact information, inform the REGISTRATOR on time about any changes of the information in order to preserve its completeness, truthfulness and accuracy throughout the period of validity of the Agreement;
- officially certifies that the provided information according to the provision # 3.1 is full, truthful and exact, and he/she obliges to report any changes of the information in order to preserve its completeness, truthfulness and accuracy throughout the period of validity of the Agreement;
- understands that all provided to the REGISTRATOR information for the purpose of delegation of a domain name will constantly remain in the domain’s registration base. UA or on http://www. internic.net/, and its actual condition will be publicly accessible in real time through WHOIS or similar service;
- officially certifies that he/she is aware of the purpose of the charge, preservation and the publication of the information which is provided to the REGISTRATOR and is necessary for maintenance of process of delegation of a domain name. The REGISTRANT knows and agrees that current status of such information will be publicly accessible in real time through WHOIS or similar service;
- is independently responsible to regularly check the official web site of the REGISTRATOR for changes in the conditions: http://ukrhosting.net.
3.2 Under this Agreement the REGISTRATOR is obliged:
- to provide the REGISTRANT with the following services in delegation and technical support of the chosen domain name, exactly:
- to check created by the REGISTRANT primary and secondary zone throughout 1 (one) working day from the date of granting to the REGISTRANT the information on creation of zones and after submitting the payment according to the provision # 5 of the Agreement;
- to issue and send the demand for delegation of the chosen domain name to the manager of a corresponding domain zone (term of registration of the chosen domain name by the manager of a corresponding domain zone is from 1 to 14 days and depends on work of the manager of a certain zone);
- in case of disability or inaccessibility during the check up of the created by the REGISTRANT zones, the REGISTRATOR is obliged to inform the REGISTRANT.
- to make changes to the information about a domain name in the domain names base WHOIS on the REGISTRANT’S request throughout 1 (one) working day, if such changes do not contradict with the operating Rules of a corresponding domain zone;
- to give the REGISTRANT necessary technical and consulting support on the questions connected with delegation and functioning of chosen by the REGISTRANT domain name which are sent to the e-mail address .
4. Additional obligations of the Parties
4.1 At the time of cancellation of the Agreement the REGISTRANT is obliged to complete the Agreement with the other registrator or to refuse delegation of domain name prior to the end of term of delegation of the chosen domain name.
4.2 At the time of cancellation of the Agreement the REGISTRATOR is obliged to support the work of the domain before the expiration of the term of delegation of domain chosen by the REGISTRANT. If the REGISTRANT has not concluded the agreement with the other registrator after the termination of term of delegation of a domain name, the REGISTRATOR cancels delegation of the given domain name to the REGISTRANT.
4.3 You should order domain transfer 20 days prior to the ending term of domain delegating. The new domain name or domain, registered with UKRHOSTING can be transferred to other REGISTRATOR 60 days after it was registered/transferred.
5. The order of payment
5.1 Services of delegation of the chosen domain name are granted by the REGISTRATOR under conditions of pre payment for not less than for 1 (one) calendar year according to active price-list. The fee for the new period should be received not less than 2 (two) business days prior to the termination of the previous period.
5.2 For a re-registration of a domain name in case of paying the fee later than 2 (two) business days prior to the termination of the previous period, the REGISTRANT pays service fees to the REGISTRATOR for 2 (two) years according to the active price-list. Delegation of the domain name in that case continues for 2 (two) years.
5.3 Service fee is carried out according to the bill for the services. To receive the bill the REGISTRANT should issue the order for service on REGISTRATOR’S web site or in the registry record.
5.4 Service fees for registration, maintenance and technical support of domain names are indicated on an official web site of the REGISTRATOR at http://ukrhosting.net/ser_domreg.php
5.5 In case of changes to active price-list new conditions are published on the REGISTRATOR ‘S server not less than 7 (seven) calendar days prior to enactment of new prices. If the REGISTRANT does not inform the REGISTRATOR about possible objections by the email or regular mail within 7 (seven) days from the moment of the publication of new version of the price-list, such price-list is considered to be accepted by the REGISTRANT.
5.6 The REGISTRANT carries out the payment for services in delegation and support of a domain name under this Agreement by pre payments in the national currency of Ukraine under the price declared on our web site on the day of payment. Payments are carried out by money transfers to the account of the REGISTRATOR.
6. Responsibility of the parties
6.1 The REGISTRATOR does not bear responsibility before the REGISTRANT or the third party for any delays, interruptions, damages or losses which occur:
Because of malfunction of the equipment which does not belong to the REGISTRATOR, but is the network constituent;
Because of insufficient quality of work of the communication lines provided by other organizations;
Due to circumstances of irresistible forces in its common understanding.
6.2 Non-observance by the REGISTRANT of the essential conditions provided by active Rules of the chosen domain is gross violation of terms of the agreement and can be the warrant for rupture of the Agreement at the initiative of the REGISTRATOR and cancellation by the manager of a domain zone of delegation to the REGISTRANT of a domain name.
6.3 The REGISTRATOR reserves the right to suspend service of the REGISTRANT or to terminate the Agreement in an unconditional order in following cases:
Infringement by the REGISTRANT of active Rules of the chosen domain;
Infringement by the REGISTRANT of effective standards of use of Internet network;
Nonpayment or late payment for services of the REGISTRATOR.
6.4 The REGISTRATOR does not bear responsibility for the wrongful acts of the REGISTRANT connected with infringement of rights of intellectual property, use of the chosen domain name for spamming, etc.
6.5 The REGISTRATOR has the right to refuse the REGISTRANT the registration of any domain name or to cancel already registered domain name if the domain name contains words of not standard lexicon, is used for spam or for immoral or unlawful activity, etc. The Payments, in that case, are non refundable, and can be transferred to other type of service (delegation of other domain name, hosting-service, etc.) according to active price list.
6.6 The REGISTRATOR does not bear responsibility for any losses (including lost profit) incurred to the REGISTRANT while using or not using of services of the REGISTRATOR.
6.7 The REGISTRANT is responsible for independent and regular check of changes of conditions of the Agreement on an official web site of the REGISTRATOR at http://ukrhosting.com.
6.8 The REGISTRATOR reserves the right to require surcharge for domain names which have been registered by the REGISTRATOR for the REGISTRANT with a discount or for free, with the change of the registrator (host). The rate of surcharge is determined as a difference of an overall cost of registration of the domain (without the discount) and actually paid cost.
6.9 The REGISTRATOR has the right to send to the address of the REGISTRANT electronic letters with the messages containing the information about changes or additions in the list of services which are provided by the REGISTRATOR, about work or equipment renewal, holding shares or any other information, concerning activity of the REGISTRATOR.
7. Settlement of disputes
7.1 Term "domain dispute" under this Agreement means any dispute which can arise in connection with registration (delegation), redelegation, cancellation of registration (delegation) and use of domain names.
7.2 The moment of occurrence of domain dispute is the moment of reception by the REGISTRATOR or the Manager of a corresponding domain name of the statement of claim accepted by court, and decrees on initiation (claiming) of case proceedings. The moment of resolution of domain dispute is the moment of reception by the REGISTRATOR or the Manager of a domain name of the decision made by court, duly validated or signed by both parties of amicable agreement.
7.3 From the moment of occurrence of domain dispute the REGISTRATOR or the Manager of a corresponding domain name blocks the entry of any changes into the record about disputable domain name after receiving the bill of particulars which was accepted by court, and the decree on opening (claiming) of case proceedings.
7.4 Proofs of acceptance by the court of the bill of particulars are directed by privy to the REGISTRATOR or the Manager of a corresponding domain name.
7.5 The REGISTRANT of a domain name - the subject of domain dispute, independently bears responsibility for possible infringement of rights of third parties. If necessary, under the privy’s petition, the REGISTRATOR of domain names can grant the court authentic information about registration of a specific domain name.
7.6 The REGISTRATOR and the Manager of a corresponding domain name do not bear responsibility for any actions of the REGISTRANT of a domain name, which caused a domain dispute, and are not involved as the parties participating in the lawsuit concerning domain names.
7.7 In case of involvement to the lawsuit of the REGISTRATOR and/or the Manager of domain names, in connection with usage by the REGISTRANT of domain name in his/her activity, in regard to the existing domain dispute, the party of such dispute, who requested the REGISTRATOR and/or the Manager of domain names to take part in the law proceeding, makes amends (including legal costs), incurred to the REGISTRATOR and/or the Manager of domain names in connection with such dispute.
8. The term of Agreement
8.1 The agreement is signed for 1 (one) year and is automatically extended for the next year, under condition of a pre payment by the REGISTRANT of services according to provision # 5 and under mutual absence of claims.
8.2 The agreement becomes effective from the moment the payment reaches the account of the REGISTRATOR and is active as long as both Parties are fulfilling their obligations on it. The Date the services become effective depends on a date of the beginning of delegation of the selected domain name and can differ from the date of signing the agreement. The date of the end of services can also differ from the date of the end of the Agreement.
8.3 From the moment of signing the agreement all previous oral and written arrangements between the Parties in regard with the Agreement, lose validity.
8.4 The agreement is considered to be canceled in case of submitting by the initiator of an application about termination to the other Party. The application can be submitted by e-mail or regular mail to the address of other Party. When this happens the Party-initiator of cancellation of the Agreement should inform the other Party about the intention not later than 10 (ten) working days in advance.
8.5 The REGISTRANT has the right to cancel the Agreement unilaterally only in cases of absence of the indebtedness to the REGISTRATOR.
8.6 The REGISTRANT can terminate the Agreement with the REGISTRATOR and conclude the agreement with other registrator without cancellation of delegation of the selected domain name. In that case the REGISTRANT should warn the REGISTRATOR about such intention not less than 5 (five) days in advance by electronic or regular mail.
8.7 The agreement can be terminated by the REGISTRATOR unilaterally without warning with the further cancellation of delegation to the REGISTRANT of a domain name in the cases provided by this Agreement, and also by the reasons which are out of limits of control of the REGISTRATOR, under condition of obligatory dispatch of the electronic message to the REGISTRANT.
8.8 In case of early cancellation of the Agreement, the payment completed by the REGISTRANT is non refundable.
8.9 The agreement remains active in case of alteration of requisites of the Parties, change of their constitutional instruments, including but not limited to change of the owner, the organizational and legal structure etc.
9. The address and bank requisites of the REGISTRATOR
A subject of economic activity Godunov O.S.
Bank and tax requisites: account No 26005010969898 in PSC “Ukrsotsbank”
MFO 300023 ITN 2969716059