PUBLIC AGREEMENT on the provision of domain name registration and support services
This agreement is an offer (public offer) for any legal entity or individual to enter into an agreement for the provision of domain name registration and maintenance services (hereinafter referred to as the Agreement). The contract is public in accordance with Article 633 of the Civil Code of Ukraine and its conditions are the same for all consumers.
According to Art. 642 of the Civil Code of Ukraine, confirmation of the acceptance of the terms of this Agreement is the fact of making a payment by a natural or legal person at the expense of payment for services and the Contractor receiving confirmation of the fact of such payment.
An offer to conclude a Contract (offer) is considered accepted in case of registration of a legal entity or an individual on the Contractor's website at https://solomono.net
For the purposes of this Agreement, the following basic terms and abbreviations are used:
The Subscriber is a natural or legal person who accepted the terms of this Agreement and paid for the services provided by the Contractor.
Account - an account placed on the website https://solomono.net, which contains details and information about the Subscriber, which is necessary for its accounting, personalization and authorization.
The executor is a legal entity registered in Ukraine that provides services for registering and maintaining domain names on the Internet.
A domain is a designation consisting of a set of symbols and numbers that defines the address of websites, e-mail and other services on the Internet.
Services – provision of domain name registration and maintenance services to the Subscriber, which are consumed in the process of performing a certain action or carrying out a certain activity.
Registrant is a person (Subscriber) in whose interests the domain name is registered.
A registrar is a person (Executor) who provides services to ensure the registration and operation of a domain name.
Transfer – change of domain name Registrar's identity.
DNS - domain name system (Domain Name System).
NIC-handle - the unique identifier of the domain owner in the WHOIS database.
IP address is a network address on the Internet.
Primary DNS server - the main server on which information about the domain is stored.
Secondary DNS server - an auxiliary server that stores information about the domain. This information is periodically updated from the Primary DNS server.
MX record – a record in the configuration file of the DNS server. Defines servers that accept mail for this domain.
A record is a record in the configuration file of the DNS server. Defines IP - domain address, subdomain.
NS entry – an entry in the configuration file of the DNS server. Defines the DNS servers on which information about this domain is located.
ICANN is the Internet Corporation for Assigned Names and Numbers (Internet Corporation for Assigned Names and Numbers), an international organization responsible for managing the IP address space and the Internet domain name system.
WHOIS is a service designed to obtain contact data and technical information about domain names, IP addresses and other network information. The Whois service is a public service of the Internet (Regulations of public services [https://hostmaster.ua/services/]).
By accepting the terms of this Agreement, the Registrant confirms that:
according to his information, neither the registration of the domain name nor the procedure for its use violates the intellectual property rights of third parties;
the contact information provided during domain name registration is correct and up-to-date;
contact information about the Registrant may be published in Ukrainian and international WHOIS services in accordance with generally accepted documents regulating the domain name registration procedure
1. SUBJECT OF THE AGREEMENT
1.1. The Contractor offers its services to the Registrant under the conditions specified in this Agreement.
1.2. Services are provided using a web interface and specialized hardware and software.
1.3. The Contractor provides the following services to Subscribers:
registration and maintenance of domain names in Ukrainian, foreign and international domain zones;
technical consulting services in domain name registration.
1.4. The contractor performs domain name registration on the basis of contracts concluded with domain administrators and other registrar organizations.
1.5. Operations with domain names are performed in accordance with the rules and regulations of the domain zone in which it is registered or registered:
- Rules of the .UA domain [https://hostmaster.ua/policy/?ua]
- Regulation of the .COM.UA domain [https://hostmaster.ua/policy/?com.ua]
- Regulation of the .KIEV.UA domain [https://hostmaster.ua/policy/?kiev.ua]
- Regulation of public services (WHOIS) [https://hostmaster.ua/services/]
- Regulation of registration of second-level public domains [https://hostmaster.ua/policy/2ld.ua]
- Dispute resolution policy for .UA domain names (UA-DRP Policy) [https://wiki.drs.ua/images/5/58/UA-DRP_Policy.pdf]
- Dispute resolution policy rules for .UA domain names (UA-DRP Rules) [https://wiki.drs.ua/images/a/a4/UA-DRP_Rules.pdf]
- Supplemental rules of dispute resolution policy for .UA domain names of the World Intellectual Property Organization (Supplemental Rules UA-DRP WIPO) [https://wiki.drs.ua/images/5/5a/Supplemental_Rules_UA-DRP_WIPO.pdf]
- Unified policy for resolving disputes regarding domain names in the .UA domain (comes into effect on March 19, 2019) [https://hostmaster.ua/policy/ua-drp/]
- Unified Domain Name Dispute Resolution Policy (UDRP) [https://www.icann.org/resources/pages/udrp-2012-02-25-ru]
- Features of registration of second-level domains [https://hostmaster.ua/2ld/]
- Rules for registration and use of domain names in the .UKR domain [http://uanic.net/pravila-registracii-i-polzovaniya-domennymi-imenami-v-domene-ukr/]
- Rules for registering domain names in .RU and .RF domains [http://www.cctld.ru/ru/docs/rules.php]
- Rights and obligations of registrants of international domain names [http://www.icann.org/en/resources/registrars/registrant-rights/benefits]
- and other domain zones, the rules and regulations of which are published on the official websites of these domain zones.
1.6. The Subscriber confirms that at the time of concluding this Agreement, neither the registration of the domain name, nor the procedure for its use, directly or indirectly violates the rights of third parties.
1.7. Services are provided to Subscribers who have access to the Internet and installed software for working with the web interface, based on this Agreement.
2. PERSONAL DATA
2.1. By concluding the Agreement, the Subscriber confirms that he is fully familiar with and agrees with its terms, and also, if the Subscriber is a natural person, consents to the processing of his personal data by the Contractor in accordance with the Law of Ukraine "On the Protection of Personal Data".
2.2. The processing of the Subscriber's personal data is carried out in order to ensure that he receives invoices, deeds and other documents, carry out mutual settlements, identify and prevent violations of the rights of the Subscriber and/or his clients, violations of the rights of third parties, ensure security and eliminate technical problems.
2.3. In some cases, the Subscriber, at the request of the Contractor, is obliged to provide written consent of third parties to the processing of their personal data.
2.4. By concluding this contract, the Subscriber agrees that the Contractor's employees and consultants have access to the Subscriber's personal data.
2.5. The Contractor has the right to provide access and transfer the provided personal data of the Subscriber to third parties in order to comply with Clause 2.2. of this Agreement. If it is necessary to transfer the Subscriber's personal data for a purpose unrelated to this Agreement, the Contractor shall notify the Subscriber by sending an email to the email address provided by the Subscriber.
2.6. For the purpose of providing domain name registration services under the Agreement, personal data of the Registrant, as well as personal data of third parties provided by the Registrant with their consent, may be transferred to the administrators of the root domain registry in which the domain name is registered, providers, operators and users of the WHOIS service. to ICANN, escrow agents, auditors, and any registrar that ICANN may designate to transfer the domain.
2.7. Personal data provided by the Subscriber is personal and confidential information according to the Contractor's Privacy Policy.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. Duties of the Executor:
- to provide the full range of Services to the Subscriber under the conditions specified in this Agreement;
- to provide Services in case of payment by the Subscriber of the corresponding cost of services;
- take all necessary measures to provide high-quality Services. In the event of disputed situations both between the Performer and the Registrant, and with the participation of third parties, take all legal measures to protect the interests of the Registrant (Subscriber).
3.2. Obligations of the Subscriber:
- to provide complete, true and accurate information in the amount necessary for the provision of Services by the Contractor. The information provided by the Subscriber, with the exception of the Subscriber's personal data, may be published in open sources if necessary.
- update contact data and inform the Registrar about a change in contact data within 7 (seven) days from the day when such data changed;
- respond to the Registrar's request to confirm the relevance of the personal information provided by the Subscriber within 7 (seven) days from the date of receipt of such a request;
- at the Contractor's request, provide copies of the passport or other document certifying the Subscriber's identity;
- pay for the Services in accordance with the terms of this Agreement and the scope of services to be provided by the Contractor.
3.3. Rights of the Performer:
- temporarily or completely stop providing Services to the Subscriber and demand written explanations from the Subscriber in cases of: non-payment for Services; provision by the Subscriber of unreliable or inaccurate contact information or failure to provide such information at the request of the Contractor, failure of the Subscriber to respond to the Contractor's request to confirm the relevance of contact data within 15 (fifteen) calendar days from the moment of receipt of such a request; actions aimed at limiting or hindering the access of other users to the services provided by the Contractor, as well as making attempts to gain unauthorized access to the Contractor's resources and to other systems via the Internet
- in case of violation by the Subscriber of its obligations under this Agreement, to terminate contractual relations with the Subscriber unilaterally with the simultaneous sending of a written electronic message. The date of sending the relevant notification to the Subscriber is considered the moment of termination of the contract and termination of service.
3.4. Subscriber rights:
- to require the Contractor to provide Services in the scope and in accordance with the terms of this Agreement.
- receive information about the Services from the Contractor;
- submit complaints, comments and suggestions regarding the provision of Services by the Contractor.
4. COST OF SERVICES AND PROCEDURE OF CALCULATIONS
4.1. Payment for the services provided by the Contractor is made in the national currency at the exchange rate at the time of payment and in accordance with the tariffs established at the time of service provision, on the condition of 100 percent prepayment.
4.2. Services are considered paid at the time of receipt of funds to the current account of the Contractor.
4.3. In case of non-payment or late payment, the Contractor has the right to terminate/suspend the provision of services and is not responsible for the possible consequences of such a decision/action.
4.4. When making a payment, the Subscriber is obliged to indicate in the payment document the invoice number issued by the Contractor and identifying the Services being paid for.
4.5. In the event that the paid Domain cannot be registered or its term of validity cannot be extended for reasons beyond the Contractor's control, the amount transferred by the Registrant can be used by him to pay for other Services or returned to the Registrant in any way available at that time, minus the commission payment system for money transfer.
5. OBLIGATIONS UPON REGISTRATION. PASSWORD AND SECURITY
5.1. In order to use the service of the Contractor, the Registrant agrees to provide true, accurate and complete information about himself in the amount necessary for the provision of services. The registrant undertakes to independently maintain this information in an up-to-date state.
5.2. The registrant is responsible for the security of his login and password, as well as for everything that will be done on the Contractor's website under the registrant's login and password. The Registrant agrees that he is obliged to immediately notify the Executor of any case of unauthorized (not permitted by the Registrant) access with the Registrant's login and password and/or any breach of security, as well as that the Registrant independently completes work under your password ("Logout" button) after each session of work with the Contractor's service. The executor is not responsible for the possible loss or corruption of data that may occur due to the registrant's violation of the provisions of this part of the Agreement.
5.3. The Registrant undertakes to indemnify and defend the Executor, as well as the relevant administrators of domain zones (including Verisign Inc., Neulevel, Inc., Public Interest Registry, Afilias Limited, and other registries listed at http://www.icann.org /registries/listing.html) and all officers, directors and employees of these companies and organizations from any claims, damages, liability, losses and expenses, including any reasonable attorneys' fees, and expenses arising out of related to the services provided by the Contractor within the framework of this contract.
5.4. The Registrant agrees not to reproduce, repeat or copy, sell or resell, and not to use for any commercial purposes any part of the service, use of the services or access to them, except when such permission is given to the Registrant by the Contractor . The performer bears no responsibility for any contract between the Registrant and third parties.
6. PROCEDURE FOR PROVISION OF SERVICES
6.1. In order to protect the Registrant's rights to use the registered domain name, as well as to ensure an effective and universal procedure for registering and managing domain names registered in different domain zones, the Contractor may enter his contact details in the WHOIS services of foreign and Ukrainian domain zone administrators when registering domain names . The executor undertakes to change the contact details of the domain name at the Registrant's written request after providing the document certifying his identity.
6.2. The contractor does not guarantee unconditional fulfillment of the order. All provided Services are provided on an "as is" basis, the applied technical systems may include undetected technical errors, the consequence of which is the impossibility of providing the Services or their late execution. In addition, the impossibility of providing the Services or their untimely performance may be caused by circumstances caused by the human factor, or by force majeure events (force majeure) caused by social and natural cataclysms (wars, fires, floods, revolutions, actions of authorities, etc. ).
6.3. In the case of impossibility of fulfilling the assumed obligations due to the reasons specified in clause 6.2., the Contractor shall bear responsibility within the limits of the sums received from the Subscriber as payment for the Services.
6.4. The Contractor bears no material responsibility that exceeds the limits of the amounts received from the Subscriber as payment for the Services.
6.5. Transfer of the domain name delegated to the Registrant for service by another Registrar is possible no later than 7 days before the expiration of the domain name delegation period. The specified term depends on the current rules of the domain zone in which the domain name is registered.
6.6. The Contractor reserves the right to terminate the service to the client without reimbursement of the cost of the Services in the following cases:
- systematic violation of generally accepted rules of network etiquette (posting materials that incite ethnic/inter-religious enmity, materials on the trade in weapons, drugs, etc.);
- malicious actions (hacking, attack, etc.) aimed at unauthorized changes to the standard operating procedure of the Contractor's servers or at discrediting the Contractor;
- in the case of a court decision, as well as in other cases provided for by current legislation;
- if the contact information provided by the Registrant does not allow establishing the Registrant of the domain name, as well as in cases where the contact information is not reliable, according to the duly executed request of the competent authorities (courts, law enforcement agencies).
- in other editions stipulated by the .UA Policy for resolving disputes about domain names, as well as other Policies and Rules for out-of-court resolution of domain name disputes.
6.7. If the Contractor's DNS is used as the IP address for the domain name, by default, the Contractor's IP addresses are specified in the DNS configuration with the setting to the Contractor's service web page.
7. FEATURES OF REGISTRATION IN SOME DOMAIN ZONES
7.1. Domain names in the zone. UA can be delegated only to the owners of the rights to the corresponding trademarks (Word marks for goods and services), the validity of which extends to the territory of Ukraine. To register a domain name, the Registrant is required to provide a scanned copy of the Trademark Registration Certificate issued by the State Patent Office of Ukraine or a Certificate from the State Patent Office of Ukraine stating that such and such a trademark has international registration and is protected on the territory of Ukraine. The scanned document must be sent to the address admin@solomono.net indicating the Registrant's login. Within 10 days after registering a domain name in the zone. UA The registrant is obliged to send a notarized copy of the document confirming his rights to the trademark to the address: st. 42A, Oleksia Tyhogo, Kyiv, 02000. To order a domain. UA The registrant is obliged to indicate the number of the Trademark Certificate.
The registrant agrees and accepts the Domain Rules. UA, which are available at: https://hostmaster.net.ua/policy/?ua. And also undertakes to take full responsibility in the event that he provides knowingly false data regarding the rights to the Mark(s) for goods and services that were provided for the delegation of domains.
7.2. Register a domain name in the zone. AERO can only be organizations and individuals somehow related to the aviation industry.
8. LIABILITY TO THIRD PARTIES
8.1. The performer bears no responsibility for the use of domain names registered with his help, as well as the content of any materials on sites published under such domain names.
9. VALIDITY OF THE AGREEMENT. PERIOD OF VALIDITY. CHANGE AND TERMINATION PROCEDURE
9.1. The Subscriber has the right to unilaterally refuse the Contractor's Services at any time. In this case, refunds, including subscriptions for Services, are not made.
9.2. The Contractor has the right to unilaterally refuse service to the Subscriber at any time without explaining the reasons, while refunds are made for full months of the unused amount of Services.
9.3. A domain name registration is subject to suspension, cancellation or transfer to another person in accordance with any specification, regulation or policy that the Registrant must follow, or in accordance with any procedures of the Registrar in the event that it is necessary to correct an error by the Registrant in the domain name or to resolve disputes related to associated with the registered domain name.
9.4. The Agreement enters into force from the moment of payment for the Services in accordance with the procedure established by this Agreement and is valid for the period of validity of the ordered service.
9.5. On all matters not regulated by this Agreement, the parties are governed by the current legislation of Ukraine.
10. PROCEDURE FOR CONSIDERING CLAIMS AND RESOLVING DISPUTES
10.1. Unless otherwise established by an additional agreement between the Performer and the Registrant, all claims, requests, questions, and any other correspondence should be sent to the email address admin@solomono.net.
10.2. The following claim procedure is used to resolve disputes arising between the Contractor and the Registrant as a result of the provision of Services:
- The registrant, who believes that his rights and interests are violated due to the actions of the Performer, sends a claim to the latter by e-mail admin@solomono.net.
- Within 10 (ten) working days from the date of receipt of the claim, the Contractor can state his position on the fundamental issues mentioned in the last and send his answer to the e-mail address specified in the claim.
In the event of failure to resolve the dispute through a claim procedure, the dispute shall be considered in accordance with the Agreement.
- Anonymous claims or claims that do not allow identification of the user based on the data provided by him during registration are not considered.
- The executor reserves the right to make a final decision on the received claim.
10.3. In the event that a dispute arising in connection with the registration and use of a domain name cannot be settled through a claim procedure, such a dispute shall be resolved by a competent court.
10.4. Court recognition of any provision of the Agreement as invalid or unenforceable does not entail the invalidity or non-fulfillment of other provisions of the Agreement.
10.5. When considering disputes, the parties have the right to provide printed e-mails (E-mails) with stored official technical information in them (headers) as evidence. In the event that official technical information (headings) is missing, such a letter is not evidence. The authenticity of the e-mail headers can be confirmed by the Internet Service Provider through which the corresponding e-mail was sent, or by independent experts.
11. TRANSFER OF DOMAIN NAMES TO ANOTHER REGISTRAR
11.1. Transfer of domain names to another registrar is possible if:
- At least 60 calendar days have passed since the last transfer from another registrar or transfer within the system;
- At least 60 calendar days have passed since the domain name was registered;
- No restrictions have been imposed on the domain name by the Executor by law enforcement agencies or the court;
- The domain registration period has not expired;
11.2. For domain name transfer, for security purposes, the Contractor may request verification documents from the Registrant, as well as the original transfer application.
11.3. The procedure for maintaining a domain name in the event that it is not maintained by the registrar: [https://hostmaster.ua/documents.php]
12. EARLY REMOVAL OF DOMAINS AND OTHER PROCEDURES
12.1. If the registrant wishes to prematurely terminate the domain registration (delete the domain), the registrant must write a request to delete the domain from the personal account on the website https://solomono.net, the registrar can request from the registrant a scanned copy of the document that allows to certify the identity of the registrant.
12.2. Domain re-registration in the name of another registrant (domain transfer with WHOIS data change), the registrant can transfer the domain independently from his personal account on the solomono.net site, confirming his intention with an SMS code that will be sent to the registrant's mobile phone. For security purposes, the registrar may request from the registrant a scanned copy of a document that allows to certify the identity of the registrant.
13. CONTENT LIMITATIONS
13.1. The registrant undertakes not to place on the hosting (servers or as part of other services provided by the registrar) materials (content) that violate the terms of this Agreement, the rights of third parties, generally accepted norms of morality or the current legislation of Ukraine.
13.2. The registrant confirms that the services will not be used to host the following categories of Internet resources:
- Malicious sites (sites contain malicious software);
- Phishing sites, financial pyramids;
- Online pharmacy sites;
- Sites dedicated to gambling;
- Game servers;
- Sites of a political nature;
- 18+ subject sites (porn sites);
- Varez sites, torrent trackers, scam sites, spam mailings, website/mail hacking (hacking);
- Sites defaming the dignity of third parties;
- Sites that promote violence, cruelty to animals, drugs, suicide, overthrowing the government;
13.3. In case of violation of any of the clauses of the Content Restrictions (clause 15), the resource may be blocked by the Contractor without prior notification.
14. TERMS OF PROVIDING TECHNICAL SUPPORT AND DATA BACKUP
14.1. The customer technical support service works according to the schedule approved by the contractor. The contractor strives to provide round-the-clock availability of the technical support service.
14.2. For questions from the registrant regarding resources (sites) served by third-party providers, technical support is not provided.
14.3. The performer configures the software on a rented VDS or a dedicated server on his own, unless otherwise provided by the service (not included in the payment for the service). Employees of the Registrar's technical support service can provide assistance in setting up, upon additional agreement with the registrant on the terms of hourly payment for setting up work. In other cases, technical assistance provides only advisory assistance.
14.4. The registrant provides data backup, at his discretion, according to his own schedule - independently.
14.5. The registrar can reserve VDS servers and virtual hosting according to his own schedule, in case of physical failure of the equipment.
14.6. The registrar can back up VDS servers and virtual hosting according to the registrant's schedule, subject to additional payment.
14.7. Installation by the registrar of additional software on the servers of the virtual hosting service (Cluster hosting), at the request of the registrant, can be carried out if the operation of this software, in the opinion of the Registrar, cannot disrupt the operation of the sites of other customers on this server.