1.1 Services offered on this website, owned by XServer trademark holders, hereinafter referred to as Executor, referred to as Services.
1.2 Physical and legal persons, which are provided with the above mentioned services are referred below as Customers.
1.3 This agreement (Agreement) is in the nature public offer, it is the equivalent of a "verbal agreement", and in accordance with the current legislation of Ukraine has appropriate legal effect.
1.4 By registering account in Personal Cabinet (see item 3.1), the Customer confirms its full read, understood and agreed to the terms of this Agreement.
2. SUBJECT OF THE AGREEMENT
2.1 On the basis of this Agreement, the Customer assigns and the Executor undertakes to provide to Customer leased server/virtual server.
2.2 Customer undertakes to accept and pay for all services provided by Executor in the order and on conditions, determined in the present Agreement are valid at the date of payment of the tariff, specified in the Personal account.
3. THE PROCEDURE OF GRANTING AND PAYMENT SERVICES
3.1 Ordering and registration by a Customer are comming through the Personal Cabinet of the Company (automatic billing system available at Internet address cabinet.xserver.ua)
3.2 In the registration process, Customer is obliged to indicate his true data, fill in all the required fields.
3.3 Services are paid by the Customer from the Personal account, except for manual payment.
3.4 All services are provided on the basis of 100% prepayment. Free trial period is not available.
3.5 For payments in manual mode, the Customer must contact the Sales department and negotiate a payment order.
3.6 In the absence of payment for the next period, virtual or dedicated server will be suspended after 5 days after the expiration of its lease.
3.7 After suspend, virtual server image and data on the disks of dedicated server are stored for 5 days. On the expiration of this term data will be destroyed.
3.8 Payment period after locking starts from the day the lock, and not from the day of the new payment.
3.9 Any refund will be denied if the termination of service caused by the Customer violates of the rules in this Agreement.
3.10 Executor is not responsible for the content of the information placed by the Customer in the Internet through the services provided by Executor.
3.11 Executor is not responsible for the quality of public communication channels that are not in the competence of Executor and through which access to the Services is made.
4. ADMINISTRATION AND TECHNICAL SUPPORT
4.1 If a separate Agreement with the Customer not specified otherwise, all dedicated servers and VPS supplied by the Company does not include administration services.
4.2 The Company shall provide the services access to the server via SSH as root (Linux) or via RDP (remote desktop) with the rights of Administrator (for Windows OS). After the first successful connection of the client, all obligations of the Company to administrate the server software are considered executed in full. All future administration of the server services doing itself.
4.3 Company's liability is limited to maintain server hardware and solving network problems within DC (not related to Customer's server software).
5. DEDICATED AND VIRTUAL SERVERS SUSPEND.
5.1 Executor reserves the right to disable (until the circumstances or eliminate the suspension reason) Customer sevices in case of violation of the following rules:
5.1.1 Payable for services more than 5 days.
5.1.2 Spam in all its manifestations.
5.1.3 Logging server IP addresses in black lists.
5.1.4 Participation in outgoing DoS/DDoS attacks.
5.1.5 Hosted an open proxy, open VPN, other public services.
5.1.6 Distribution of viruses or malicious code.
5.1.8 Intentional customer's actions that prevent the normal functioning of other servers and network nodes, the work of other clients.
5.1.9 On virtual servers prohibits the placement of resources with a high traffic consumption.
5.1.10 Intensive DDoS attack on the customer's server, which prevents normal network operation.
5.1.11 Use of contractor's services for any unlawful purposes.
5.1.12 Incorrect communication with the contractor's employees, including vulgarity, use not normative lexicon, threats.
5.1.13 Complaints content from a copywriting of varioius and other organizations.
5.2 In case the server is being used only for unlawful purposes listed above, the registration will bt cancelled, and payment for the unused period of not is returned.
6. THE TERM OF VALIDITY AND CONDITIONS OF TERMINATION.
6.1 Agreement enters into force from the moment of registration of the Client in the Personal Cabinet.
6.2 Contract is terminated by the Client's use of services provided by the Contractor or failure to comply with the terms of this Agreement any of the parties.
7.1 Personal information used only for ordering.
7.2 Executor does not disclose anyone confidential information of the Customer.
8.1 If you are not 100% satisfied with your purchase, you may contact us within 120 days from the purchase date and we will provide a full refund of your purchase.
8.2 Executor have right to refuse refund pursuant to clause 5.2 of these rules.