Terms of Service

PUBLIC AGREEMENT for the Provision of Hosting Services

This Public Agreement, hereinafter referred to as the “Agreement”, defines the procedure for the provision of hosting services, as well as the mutual rights, obligations and relationship between Sole Proprietor FOP Kharytinov Vitalii Sergeevich, trademark EraHost (https://era.host), hereinafter referred to as the “Provider”, and the consumer of the services, hereinafter referred to as the “Customer”, who has accepted the public offer to conclude this Agreement.

1. DEFINITIONS USED IN THIS AGREEMENT

1.1. The terms and definitions used in this Agreement shall have the following meanings:
Hosting Services means the placement and storage on the Provider’s information and technical resources of web pages and other data provided by the Customer in digital form, hereinafter referred to as the “Data”, for the purpose of ensuring their availability on the Internet.
Information and Technical Resources means a set of software and hardware tools, including software and web servers, used by the Provider to provide hosting services.

2. SUBJECT OF THE AGREEMENT

2.1. The Provider undertakes, upon the Customer’s request, to provide hosting services, hereinafter referred to as the “Services”, and the Customer undertakes to accept the Services provided by the Provider in accordance with the procedure and terms set out in this Agreement.
2.2. The Provider has the right to engage third parties to fulfill its obligations under this Agreement, as well as to use the services or work of third parties that enable the provision of the Services stipulated by this Agreement.

3. PROCEDURE FOR CONCLUDING THE AGREEMENT

3.1. This Agreement is a public agreement under which the Provider undertakes to provide Services to an indefinite number of persons, Customers, who request such Services.
3.2. This Agreement is concluded by the Customer joining this Agreement, that is, by accepting the terms of this Agreement in full, without any conditions, exclusions or reservations.

4. RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1. The Provider undertakes to:
4.2. The Provider has the right to:
4.3. The Customer undertakes to:
4.4. The Customer has the right to:

5. LIABILITY OF THE PARTIES

5.1. For non-performance or improper performance of its obligations under this Agreement, the guilty Party shall be liable in accordance with applicable law, taking into account the specifics established by this Agreement.
5.2. The Provider shall be released from liability for losses directly or indirectly incurred by the Customer as a result of full or partial use of the Services or inability to use the Services in the following cases:
5.3. The Provider shall not be liable for the content of the Customer’s Data, nor for the content of any information located on the Customer’s technical and information resources.
5.4. The Provider shall not be liable and does not provide any express or implied warranties, including warranties of non-infringement or fitness for a particular purpose, with respect to any information, product or service distributed by the Customer or third parties via the Internet, including if they are placed, offered or distributed on the Provider’s own information resources.
5.5. The Parties to this Agreement unconditionally agree that the maximum amount of damages that may be recovered from the Provider is limited to the amount paid by the Customer for the Services whose non-performance or improper performance caused the losses.
5.6. The limitation of the Provider’s liability provided for in clause 5.5 of this Agreement shall not apply in cases where:

5.7. The Customer shall independently bear full responsibility for any actions taken by the Customer while using the Internet, the Provider’s information resources or services, as well as for the consequences of such actions.
5.8. The Customer shall independently bear full responsibility for any actions, including unauthorized actions, of third parties that occurred as a result of the Customer’s failure to maintain the confidentiality of account credentials or other confidential information, as well as for the consequences of such actions.
5.9. The Customer shall independently bear full responsibility for possible violations of copyright, trademarks and other applicable legal norms related to the placement of the Customer’s Data on the Internet on the Provider’s information and technical resources.
5.10. The Customer shall independently be responsible for the completeness, accuracy and timeliness of providing the Provider with information necessary for the state registration of the Customer’s information resources, as well as for independently carrying out state registration of third-party information resources placed by the Customer as an Internet service provider.
5.11. The Customer shall compensate the Provider and/or the Provider’s officers for any losses incurred by the Provider or its officers in connection with the placement on the Customer’s information and technical resources of information whose content contradicts applicable law, as well as in other cases where the Customer’s failure to comply with legal requirements and/or obligations under this Public Agreement caused losses.

6. BLOCKING OF THE RESOURCE WITHOUT NOTICE TO THE CUSTOMER

6.1. If the Customer fails to take action in response to a complaint received from the Data Center or law enforcement authorities, the Provider reserves the right to block the Customer without additional notice.
6.2. The Provider reserves the right to terminate the provision of services immediately and without warning in the event of an incoming DDoS attack that threatens the Provider’s equipment and the proper operation of other users’ websites.
6.3. Since the Data Center where the Provider’s equipment is located has its own abuse handling service and independently decides on the validity of complaints against the Provider’s Customer, the Provider disclaims liability to the Customer for the actions of the Data Center in processing and responding to complaints, including blocking or deletion, and has the right to proactively block the Customer’s services until the violation identified by the Data Center’s abuse handling service is eliminated. The Provider shall not be liable for the unlawfulness of the Data Center’s decisions regarding the Customer or for their consequences.

7. FORCE MAJEURE

7.1. The Parties shall be released from liability for partial or complete non-performance of their obligations under this Agreement if such non-performance resulted from force majeure circumstances arising after the conclusion of this Agreement as a result of extraordinary events that the Parties could neither foresee nor prevent by reasonable measures.
7.2. Force majeure circumstances include events that a Party cannot influence and for which it is not responsible, including war, uprising, strike, earthquake, flood, fire, severe weather conditions or other natural disasters, government resolutions, orders or decrees of state authorities and officials, laws and other regulatory acts of competent authorities adopted after acceptance of this Agreement that make it impossible to fulfill the obligations established by this Agreement, as well as actions of state or local government authorities and administrations or their representatives that prevent fulfillment of the terms of this Agreement, and other unforeseen circumstances, including failures in the city power grid, technical problems at Internet transit nodes and other disruptions in the functioning of data transmission networks outside the Parties’ sphere of influence, but not limited to the above.
7.3. Upon the occurrence of force majeure circumstances preventing fulfillment of obligations under this Agreement, the period for the Parties to fulfill such obligations shall be extended proportionally to the duration of such circumstances, as well as the time required to eliminate their consequences, but for no more than sixty calendar days.
7.4. If force majeure circumstances continue for longer than the period specified in clause 7.3 of this Agreement, or if upon their occurrence it becomes obvious to both Parties that such circumstances will continue for longer than this period, the Parties undertake to discuss possible alternative methods of performing this Agreement or its termination without compensation for losses.

8. NOTICES AND COMMUNICATIONS

8.1. The Parties agree that they unconditionally recognize the legal force of documents received through communication channels, including email and the ticket system, as equivalent to documents executed in simple written form on paper, except in cases where paper execution of documents is mandatory under the requirements of this Agreement.
8.2. The Parties are obliged to timely check correspondence received at their email addresses and through the ticket system.

9. TERM OF THE AGREEMENT AND TERMINATION PROCEDURE

9.1. This Agreement shall remain in force for an indefinite period until terminated in accordance with the procedure provided for in this Agreement.
9.2. This Agreement may be terminated:

10. REFUNDS

10.1. The Customer may request a full refund for the web hosting service if no more than fourteen days have passed since payment and use of the service began.
10.2. The Customer may request a refund for the remaining unused period of the web hosting service if the Customer decides to stop using the service.
10.3. The Customer may not request a refund for a domain that was registered using the Customer’s own data and of which the Customer is the full owner.
10.4. The Customer may not request a refund for ordered server equipment, namely VPS, VDS, Dedicated Server or Cloud Solution.

11. PROCEDURE FOR AMENDING AND SUPPLEMENTING THE AGREEMENT

11.1. Changes and/or additions to this Agreement shall be made unilaterally by decision of the Provider.
11.2. Changes and/or additions made by the Provider to this Agreement on its own initiative shall enter into force no earlier than thirty calendar days after their approval.
11.3. Changes and/or additions made by the Provider to this Agreement in connection with changes in legislation shall enter into force simultaneously with the entry into force of changes to the relevant legislative acts.
11.4. If the Customer disagrees with the changes and/or additions made, the Customer has the right to terminate this Agreement in accordance with clause 4.4.3 of this Agreement.

12. DISPUTE RESOLUTION PROCEDURE

12.1. All disputes and disagreements related to this Agreement shall be resolved by the Parties through negotiations.
12.2. If the Parties are unable to resolve all disputed issues in the manner established by clause 12.1 of this Agreement, all disputes arising from this Agreement, including those related to its conclusion, amendment, termination, performance or invalidity, shall be resolved in court in accordance with applicable law.

13. MISCELLANEOUS

13.1. The Parties unconditionally agree that this Agreement has been concluded by mutual consent.
13.2. By concluding this Agreement, the Customer thereby declares that:
13.3. If any provision of this Agreement loses legal force, is declared illegal or is excluded from this Agreement, this shall not invalidate the remaining provisions of this Agreement, which shall retain legal force and remain binding on all Parties.
13.4. All matters not regulated by this Agreement shall be resolved in accordance with applicable law, as well as the Provider’s local regulatory documents, provided that they comply with applicable law.
13.5. All hosting rules located in the FAQ section are an integral annex to this public offer agreement.