Public offer

The following information is an official offer (public offer) of the owner of HMARA.IO individual entrepreneur Tarasevych Dmytro Igorovych (hereinafter referred to as "Contractor") to any individual or legal entity (hereinafter referred to as "Customer") to conclude a subscription service agreement and contains all essential conditions of service.

This offer is a public adhesion contract and in accordance with the current legislation of Ukraine is legally binding. The terms and conditions of the offer are the same for all consumers and cannot be changed by the other party to the contract.

This proposal in accordance with Art. 633 of the Civil Code of Ukraine is a public offer, full and unconditional acceptance of which is registration of the Customer in the registration system on the Contractor's web-server at https://hmara.io/ru/register.

Terms and Definitions

Server - software and hardware computing system that performs service functions at the request of a client, providing him with access to certain resources.

VPS - a service which provides the user with a so-called Virtual Private Server, which is a copy of the guest operating system (hereinafter - OS), isolated at the core level of the main OS. Multiple virtual servers can run on a single physical server. Apart from some obvious limitations, each virtual server provides full and independent control and management of the guest operating system and service services, as provides its usual server, and is used primarily to host resource-intensive sites, services which require fine-tuning of the operating system, mail services, etc.

Traffic - the total amount of data (files, mail, etc.) that passes through the server for a certain amount of time.

Hosting - service of providing disk space and physical location of data on the server, which is located on the Internet.

CPU (processor) - processor power which is guaranteed by the Contractor during the provision of the UPU service to the Customer according to the chosen tariff plan.

Tariff plan (tariff) - a set of price offers of the Contractor, which provides an opportunity to order the Contractor's services and is available for review to any Internet user. The Contractor's site contains the latest version of the list of tariff plans of the Contractor.

RAM - operative memory of the server, the volume of which is provided according to the tariff plan chosen by the Customer.

Proxy server - a server and/or software that acts as an intermediary between the client computers and/or servers.

Root-access - a type of access, the owner of which has the right to perform all operations without exception.

Login - a unique for the Contractor server set of letters and numbers, which in combination with the password serve as the Customer's identifier on the Contractor's server.

Password - a set of letters and numbers, which together with the login allow the Customer to log in to the Contractor's system.

Order - an electronic message sent by the Customer to the Contractor from the Contractor's site, which contains the order number and a list of services the Customer wishes to receive.

Order Control Panel - the section of the Contractor's site, login and password to which is provided to the Customer after the order is formed by the link https://hmara.io/ru/dashboard.

The Customer's data, the list of invoices paid by the Customer, active servers are saved in the order management system. The Customer is solely responsible for keeping the login and password to the order control panel secret. Any actions in the order control panel, performed using the Customer's login and password, are unconditionally recognized by the Parties as those that have been performed personally by the Customer.

Ticket-system - a section of the Contractor's site, the login and password to which are provided to the Customer after he fills in the registration data on the Contractor's site. In the ticket-system the list, date and content of e-mails sent to the Customer by the Contractor are saved. The Customer shall be responsible for keeping the login and password to the Ticket System secret. Any actions in the Ticket System performed using the Customer's login and password shall be unconditionally recognized by the Parties as those performed personally by the Customer.

Correct data - reliable, verifiable information, necessary to identify the Customer and provided by the Customer during registration on the Provider's website, as well as provided when ordering the corresponding service.

DoS/DDoS-attacks - blocking of the server services and services, access to it from the Internet by sending a large number of TCP and / or UDP-packets to the server IP-address or by sending a large number of requests to the services and server services.

Contractor's website - a website that is located on the Internet at https://hmara.io/. Access to such a website is available to all users of the World Wide Web 24 hours a day, 7 days a week, but at different levels of access, depending on the registration on such a website.

Spam is:

• organized mass distribution of information of an advertising, commercial, or propaganda nature to other Network users without their consent; letters that contain gross and offensive statements and proposals; posting messages of an advertising, commercial, or propaganda nature in any conference or forum, except in cases where such messages are allowed by the rules of such conference or forum or where their posting has been previously agreed upon with the owners or administrators of such conference or forum;
• sending information to recipients who have already expressed their unwillingness to receive such information;
• using one's own or provided information resources (mailboxes, email addresses, web pages, etc.) as contact data when carrying out any of the above actions, regardless of the point in the Network from which the actions were carried out.

Service(s):

• providing the Customer with a unique username (login) that allows them to place data on the Contractor's server;
• providing the Customer with a login and password to access the order management panel;
• providing the Customer with disk space and other technical resources on the Contractor's server according to the applications of this Agreement;
• receiving the necessary consultations for using hosting from the technical support service, the contact details of which are indicated on the Contractor's website.

Scheduled technical works - a set of technical operations performed by the Contractor in the specified period of time required to maintain the performance of the servers.

Emergency technical works - a set of technical operations that are performed by the Contractor on the servers outside of the scheduled technical works to eliminate the causes of inaccessibility of the services provided by the Customer. These works can be caused by the need to install critical updates, patches, replacement of failed equipment or other urgent work required to maintain the performance of the servers. In case of emergency technical works the Contractor undertakes to take all possible measures and notify the Contractor about such works as soon as possible.

1. Subject of the Agreement

1.1 The Contractor undertakes to provide the Customer with hosting services, space on the Contractor's storage to organize the backup (hereinafter - the services) in accordance with the Procedure of Services. The list of services provided to the Customer under this Agreement shall be specified in the Order. The list, description and cost of the services are published on the official website of the Contractor https://hmara.io/. The Contractor shall serve, provide technical support and provide the services stipulated in this Agreement - personally or by engaging third parties, including on the terms of leasing the hosting (its part).

1.2 The Customer undertakes to pay for the services chosen by him in accordance with the rates indicated on the Contractor's website within the tariff chosen by the Customer and in the order determined by this Agreement.

2. The order of providing the services

2.1 Having chosen the tariff plan of the virtual server, the Customer sends to the Contractor an application for services, using appropriate forms and tools on the official web-site of the Contractor https://hmara.io/. On the basis of the received application the Contractor exposes the Customer an invoice for payment for the chosen service in electronic form.

2.2 The services are rendered to the Customer if the Customer pays in advance for one or more settlement periods on the basis of the issued invoice.

2.3 Contractor shall keep records of services and payments of the Customer. Settlements under the Agreement shall be made in the national currency (grivnas). For introductory purposes the Customer is provided with the information about prices in US dollars (USD) or Euro (EUR) according to the Customer's request. The Contractor provides the Customer with an access to the information about all executed orders and payments through the Order Control Panel. 2.4.

The Customer must provide correct data, including a valid (not temporary) e-mail address and a valid phone number of the Customer, while creating an order and while using the service. 2.4. If it is necessary to verify the authenticity of the Customer's identity, the Customer undertakes to provide all data (documents) necessary for the Contractor to conduct such verification.

2.5 The request to the technical department can be sent through the Ticket system located in the client's panel, by e-mail: support@hmara.io, as well as via messenger Telegram. The amount of payment for additional services rendered shall be calculated based on the time spent on the task and shall not be refundable. The Contractor reserves the right to refuse providing technical assistance without explaining the reasons.

2.6 When the Customer contacts the Contractor about technical support, the Contractor undertakes to perform operations requested by the Customer only after the latter informs his login and password as well as his personal data (last name, first name, middle name), and the Contractor has a right to reject the request to perform the requested operations in the following cases:

• In case of providing incomplete or inaccurate information as stated in this paragraph;
• In case of impossibility to implement the requested changes due to technical peculiarities of service provision;
• In case the request concerns questions of quality, correctness, and error-free operation of software developed by third parties.

2.7. Technical support does not provide consultation on programming, web design, script and software settings, as well as other similar issues.

2.8. The Provider reserves the right at its discretion to request from the Customer a photo or a scan copy of an identity document (passport, ID card, driver's license, or any other document confirming the Customer's identity), as well as to refuse to provide services without explaining the reasons. This provision applies to orders for services with a trial period, as well as paid orders in cases where a preliminary check of the order showed the need to request documents confirming the Customer's identity.

2.9. Before granting full access to the account, the Customer or its authorized representative must undergo a procedure to confirm the right of ownership or legal disposal of the account. The same procedure is used for other actions related to the use of the service: management, temporary blocking, deletion, refund, etc. The Provider may perform such actions only after the Customer has successfully completed the procedure to confirm the right of ownership of the account.

The criteria for confirming ownership of an account are listed below:

• Confirm the right to access the email specified in the account;
• Confirm the right to access the phone number specified in the account;
• Confirm the name and surname specified in the account by providing a passport scan copy;
• Provide copies of service payment receipts.

None of the above-mentioned grounds can be considered absolute. The Customer agrees to the agreed methods of identification.

In cases where the Customer is unable to pass the verification by the specified method, the Contractor makes a decision at his discretion. The Contractor is not responsible for providing or not providing access to the Customer's account.

2.10. The Contractor sends notifications regarding the services provided to the Customer to the email address specified by the Customer in the Client Panel.

3. Procedure for Providing Services for the Use of Virtual Server

3.1 The Contractor shall provide the Customer with the access to the information about the use of the resources of the ordered UPU server (servers), as well as to the event log and statistics through the control panel.

3.2 The Contractor shall be obliged to notify the Customer about the planned technical works on the Contractor's equipment, in the client panel not less than 48 hours before the works. In case of necessity of emergency technical works on the Contractor's equipment, in the Customer's panel, the Contractor shall undertake all possible measures to carry out such works as soon as possible and notify the Customer about such works as soon as possible.

3.3 In case of consuming more than 5TB of traffic when using the VPS service, the Contractor has a right to reduce the bandwidth of the server interface to 10 Mbit/s until the end of the calendar month in which the excessive traffic consumption occurred. On the first day of the next month the speed limit will be returned to its original value.

3.4 Traffic is limited according to the tariff plan. When the traffic limit set by the tariff plan is exhausted, the Customer has an opportunity to buy additional traffic or switch to a higher plan. Funds paid for the additional traffic are not refundable. In case the UPU has exhausted the monthly traffic limit, the service can be blocked until the beginning of the next monthly period.

3.5 Disk space is allocated according to the tariff plan. Disk space up to 4 GB can be occupied by the system and is not available for downloading content. Customer has the option to order additional disk space or upgrade to a higher plan. Funds paid for additional disk space are non-refundable.

4. Cost of services and procedure of payments

4.1 The Contractor has a right to change unilaterally the prices for the UPU-server usage services provided to the Customer as well as for other services provided by the Contractor in case of US dollar exchange rate change against other currencies by more than 5%. Changes of the US dollar exchange rate are determined on the basis of exchange rate fluctuations on the interbank currency market of Ukraine. The cost of services for the use of the UPU server in U.S. dollars remains unchanged from the date of ordering the service.

The Contractor has the right to change the prices for the additional IP-addresses, hosting panel licenses, as well as for other additional services in case the prices are changed by the third parties, the owners of the objects that are necessary to provide these services.

In case the Customer has unpaid invoices at the moment of price change, these invoices shall also be amended in accordance with these changes.

4.2 Payment for services is made automatically in the form of daily advance payment to the Contractor, according to the availability of funds on the balance of the Customer.

4.3 Payment is fixed payment and shall be paid by the Customer irrespective of the fact of use of services.

4.4 The Customer is solely responsible for correctness and timeliness of payments made by him. If for any reason payment of the invoice can not be effected within the term stipulated in the Agreement, the Customer shall be obliged to notify the Contractor in writing about it. Postponement of payment shall be at the discretion of the Contractor.

4.5 Bank charges for payment of the Contractor's invoices shall be paid by the Client. When paying by a card the currency of which is different from the currency of the chosen method of payment, the sum of the final transaction can be higher than the declared cost of the service because of the additional conversion on the side of the issuing bank.

4.6 Upon the change of Contractor's bank requisites from the moment of new requisites notification by e-mail and their publication at Contractor's website (https://hmara.io/) a Client is solely responsible for any further payments made at old requisites.

4.7 Payments for renewal of services are not refundable.

4.8 When paying for the order by a bank card, the payment processing (including entering the card number) takes place on a secure page of the processing system, which passed an international certification. This means that the confidential data of the Customer (card details, its registration data, etc.) are not transferred to the Contractor. Their processing is fully protected and no one, including administrators and support service, can not get the payment and bank data of the Customer.

When working with card data the information protection standard developed by the international payment systems Visa and MasterCard - Payment Card Industry Data Security Standard (PCI DSS) is applied, which ensures safe processing of the Customer's bank card details. The applied data transfer technology guarantees security of bank card transactions by using Secure Sockets Layer (SSL), Verified by Visa, Secure Code protocols, and closed banking networks with the highest degree of protection.

5. Rights and obligations of the Parties

5.1 The Contractor undertakes:

5.1.1 Provide basic and additional services in accordance with the terms of the Customer's selected or individual tariff plan.

5.1.2 Provide technical consultations at the Customer's request to the extent necessary for correct interaction of the Parties in the course of performance of the terms and conditions of this Agreement.

5.1.3. In case of non-performance or unsatisfactory rendering of services under this Agreement and upon receipt of a written request from the Customer about early termination of the Agreement within thirty days from the date of payment for services under this Agreement to return to the Customer the full cost of the paid service, except for additional services, third party services or licenses, funds that were credited to the Customer's balance in the Provider's system as a reward for participating in the Provider's promotions, as well as partner commissions that were credited to the balance of the Provider's system, and other fees. Refunds of the paid services shall be made within ten (10) working days of receipt of a written request. If the written request for early termination of the Agreement is received after thirty calendar days from the date of payment for services under this Agreement, the Contractor shall be exempted from the obligation to return the full or partial value of the services to the Customer.

5.1.4 To notify the Customer via e-mail or messenger Telegram in case of violation of the conditions of this Agreement.

5.1.5. To inform the Customer in case the Contractor detects an attempt of the third parties to damage the performance of the Customer's website, if special actions of the Contractor are required to eliminate or prevent these cases.

5.1.6 To inform the Customer about the suspension of services.

5.1.7. Not to disclose and not to use the information about the Customer's activity, which became known to Contractor during this Agreement for any purposes, except for fulfillment of conditions of this Agreement according to the law.

5.2 The Customer undertakes:

5.2.1 Provide complete and accurate information. The Contractor shall not be liable for the consequences that arose due to the incorrectness of the entered data. To provide all the data (documents) required by the Contractor to carry out such verification, if it is necessary to check the authenticity of the Customer's identity.

5.2.2 Fulfill the conditions set forth in this Agreement.

5.2.3. to pay for the services in time according to the Agreement.

5.2.4. Not to use any measures that intentionally or unintentionally lead to malfunctioning of the Contractor's software and/or systems.

5.2.5 Not to use the services provided by the Contractor for activities contrary to the national and international legislation.

5.3 The parties undertake to

without mutual consent, not to transfer to third parties organizational, technological and commercial information constituting a secret for any of the Parties (hereinafter referred to as "confidential information"), provided that:

• such information has actual or potential commercial value due to its unknown nature to third parties;
• there is no legal basis for such information to be freely accessible;
• the owner of such information takes appropriate measures to ensure its confidentiality.

5.4 The Customer has the right:

5.4.1. to use the purchased services at its own discretion within the limits defined by law, this Agreement.

5.4.2. to receive technical consultations in the volume necessary for correct interaction of the Parties in the course of performance of conditions of this Agreement.

5.4.3 to address to the Contractor's representative with the proposals about the improvement of the quality of the provided services and optimization of the process of their use by the Customer.

5.5 The Contractor has the right to:

5.5.1 To fully or partially suspend the provision of services (at the discretion of the Contractor) without further notice in the following cases:

• In case of the Customer's failure to comply with the terms of the Agreement;
• In case of repeated failure by the Customer to follow the instructions of the Service Provider regarding the use of the services;
• If the Service Provider has sufficient grounds to believe that any actions taken by the Customer using the services provided to the Customer under this Agreement cause or may cause harm to the Service Provider, other customers, or the normal functioning of the Service Provider's system;
• In case of unsanctioned distribution (spam) by the Customer in any form;
• In case of a DoS/DDoS attack on the Customer's VPS server, which affects the performance of the Service Provider's technical equipment and network equipment. Resumption of work is possible only at the discretion of the Service Provider. No refunds will be provided in case of termination of the service due to a DoS/DDoS attack;
• If providing the service to the Customer damages the Service Provider's business reputation;
• Upon receipt of a request from authorized government agencies in the event of a violation of Ukrainian or international law.

5.5.2 Technical support service of the Contractor is not obliged to provide consultations on the general software, the information about which can be obtained from the relevant user manuals for this software and is not responsible for unprofessional or unqualified actions of the Customer or its representatives.

5.5.3 If the Customer's requirements to the Contractor's hardware or other resources are too high in comparison with the tariff plan chosen by the Customer, to offer the Customer to transfer to another tariff plan. In case of the Customer's refusal to change the tariff, the Customer's requirements are considered to be duly met.

5.6 The Customer is prohibited:

5.6.1 It is forbidden to use servers with the purpose to send spam mail and other types of mass mailings (software designed to send messages on forums, chats, guest, e-mail, etc.), to support hacking, cracking and other illegal actions on the Internet. In case of detection of mass spam mailings, the Contractor reserves the right to block the possibility of sending e-mail for the Customer's service.

5.6.2 It is prohibited to publish on the servers any materials that are contrary to the laws of Ukraine and the countries, specified in the location of the server or materials that violate copyrights of third parties (pornography, pirated content, materials, that promote violence, murder, racial hatred, ethnic hatred and etc).

5.6.3 In cases of porn or 'erotica' posting, as it is impossible to define a clear boundary between them, this situation is at the Administration's discretion.

5.6.4 The Customer shall not place on the disk space of the rented server any types of computer viruses or malicious software.

5.6.5. placement of game services.

5.6.6. Mass Mailing of Email.

5.6.7 It is strictly prohibited to place all kinds of php-gateways, scripts anonymizers, gate and proxy.

IRC-servers, IRC-bots, and various network scanners are not allowed.

5.6.9. to place Torrent trackers on the Contractor's equipment;

5.6.10. Place Websites, which sell private accounts (in game resources, in third-party software, in payment systems, in mail systems, etc.);

5.6.11. Place Websites of hyip-projects, Websites of financial pyramids or Websites, devoted to creation of financial pyramids and their analogues on the Contractor's equipment;

5.6.12. Place Websites, which distribute, promote or describe the manufacturing of any drugs or smoking mixes;

5.6.13. Place Phishing resources on the Contractor's equipment;

5.6.14. place Web-resources of political movements and parties, web-sites, which are directly or indirectly related to the politics;

5.6.15. Place Websites, devoted to the Cardsharing subject or providing this service, on the Contractor's equipment;

5.6.16. To place Websites, directly or indirectly related to the sale of any drugs, which require a license, on the Contractor's equipment without an appropriate license;

5.6.17. Place Websites, directly or indirectly related to terrorist organizations, which are officially recognized as such by the national or international legislation, as well as websites, related to the anti-state activity.

5.6.18. Registration of several accounts by one user is forbidden. Site administration reserves the right to take any action, up to and including deletion of both multiple and main accounts.

5.6.19. It is forbidden to use the Executor's servers for unauthorized access and network attacks of various kinds.

5.6.20. Users are prohibited from using SMS verification from a number that does not belong to them personally. Activation of accounts using SMS services is also prohibited

6. Liability of the Parties

6.1 The Contractor shall not be liable:

6.1.1 for interruptions of services if they were caused by the actions of the Customer and/or the third party.

6.1.2. For any damages caused to Customer due to use of services rendered by the Contractor in cases when Customer has been informed about the possibility of such damages or such damages are caused by the actions of the Customer.

6.1.3 For the content and reliability of any information that is transmitted or received by providing services.

6.1.4 For serviceability of the Customer's equipment and software used by the Customer.

6.1.5. For loss of income and/or profit, as well as for indirect losses of Customer while using or not using (fully or partially) the Contractor services.

6.1.6. For the technical condition of the network to which the Customer is connected.

6.1.7. For the content of the information on the Customer's website.

6.1.8 For integrity, trustworthiness and presence of the Customer's sites and data on the Contractor's server.

6.1.9. for the problems, connected with the use of unlicensed software and hardware by the Customer.

6.1.10. For unqualified actions of the Customer or his representatives relating to the use of the service.

6.1.11. For serviceability of the software provided by the Customer in cases when the Customer intentionally or unintentionally broke their serviceability, deleted or made changes in the system or service files.

6.1.12. For operability and usability of the software and hardware developed by the third party.

6.1.13. For compliance of the results of the provided services to the Customer's expectations.

6.1.14. For any claims of the Customer related to insufficient, in the opinion of the Customer, awareness of the Customer about the nature, nature, components and possible consequences of the services.

6.1.15. For any damages of any kind incurred by the Customer due to the removal and/or disclosure of his login and password.

6.2 The Customer shall be liable:

6.2.1 For violation of applicable law performed by the Customer or by the third party by using the services provided to the Customer by the Contractor.

6.2.2 for non-observance of the terms and conditions of this Agreement.

6.2.3. for nonobservance of terms and procedure of payment for services.

6.2.4. for keeping the service access parameters (login and password) secret and for losses that may be caused due to unauthorized use of service access parameters.

6.2.5 For keeping a backup copy of the data located on the VPS ordered by him.

7. Software of third parties

7.1 The Contractor gives the Customer the opportunity to use the software belonging to third parties. The Contractor does not guarantee the achievement of any specific results that can be obtained by using such software. The Contractor shall not be liable for any malfunction of such software.

7.2 The Customer has the right to add and use third-party software when using the services of the Contractor only if it is compatible with the provided services and is approved by the Contractor. The Customer shall use the third party software at its own risk.

8. Transfer of rights and obligations

8.1 Each of the Parties may transfer its rights and obligations under this Agreement fully or partially to its legal successors, branches, subsidiaries or other persons, about what the other Party shall be notified in writing not less than 14 (fourteen) calendar days before the transfer.

9. Resolution of Disputes

9.1 All disputes and disagreements arising out of this Agreement shall be settled by the Parties by means of negotiations.

Should the Parties fail to reach an agreement, the dispute shall be relegated to the courts of law with the established jurisdiction and competence in the manner prescribed by the applicable laws of Ukraine.

10. Force Majeure

10.1. Neither of the Parties bears responsibility for non-performance or improper performance of this Agreement conditions, if it is a consequence of the force majeure about which the Parties could not know in advance or could not foresee. Such circumstances include: fire, flood, earthquake, tsunami, tornado, hurricane, typhoon, landslides, mudslides, snow avalanches, volcanic eruptions and other natural disasters, war, revolution, coups d'etat, strikes, acts of sabotage and terrorism, robbery failures in the power supply and communication system, changes in legislation, actions of state authorities and their officials, if these circumstances directly affect the execution of this Agreement and their occurrence is certified by the Chamber of Commerce and Industry of Ukraine.