This English translation is provided for reference. If it conflicts with the Russian text, the Russian version prevails.
The information set out below is an official proposal (offer) to any legal entity or individual to conclude a subscription service agreement. This agreement is public, that is, it is equivalent to an “oral agreement” and, in accordance with the applicable laws of Belize, has proper legal force.
Full and unconditional acceptance of the terms of this Public Agreement is the Customer’s payment for the Services and the Provider’s receipt of the corresponding financial document confirming such payment.
If you agree to the terms of the Public Agreement, you may pay for the Services.
In this case, the Agreement shall be deemed concluded, and our company shall be deemed to have assumed the obligation to provide the paid Services.
Account — a user account created for the Customer when the Customer registers in the Provider’s system and having an access name and password. The account contains information required to identify the user when connecting to the system, as well as information for authorisation, accounting and searching in the billing system. Only the person who possesses the name and password information has access to the Account. The Account is used to manage orders, domains and requests to the Provider’s technical support, change the tariff plan, top up the balance, unblock Services and perform other actions.
Provider — hstq.net; this address shall also be deemed the Provider’s website in all other cases where the Provider’s website is expressly mentioned or directly referred to in the text of this Agreement.
Services — telematic communication services provided by the Provider in accordance with its statutory activities and licence, in the manner and on the terms specified in the Agreement.
Server — a physical machine belonging to our company, the resources of which are made available to the Customer.
Hosting — a service for providing disk space for the physical placement of information on a server permanently connected to the Internet.
Hosting may be of several types: virtual private server (VPS or VDS) and dedicated server.
1.1. Under the Agreement, the Provider undertakes to provide the Customer with hosting, domain-name registration and domain-name support services, hereinafter referred to as the Services. A description of the Services, their list and cost are published on the Provider’s website at https://hstq.net/. The Provider’s website is a public resource, that is, a resource accessible to all Internet users.
1.2. The Customer undertakes to pay for the Services selected by the Customer in accordance with the Tariffs in effect when the Services are received and specified in the supplementary agreement.
1.3. The Customer shall be provided with:
a) a unique name and password enabling order management on the Provider’s website; this information is sent to the Customer’s contact e-mail address after completion of the registration procedure;
b) the data required to connect to the Service and configure the software;
c) round-the-clock support by telephone, e-mail and ticket system.
1.4. The Services do not include enabling the Customer to receive or send electronic messages at the Provider’s office, configuring or diagnosing the Customer’s personal computer, modem or software either at the Provider’s office or at the Customer’s location, or training in Internet use.
1.5. The Provider is a payer of profit tax on the general basis.
2.1. Domain names are registered in accordance with the Agreement and with the procedure for performing registration actions established by the Provider and published on the Provider’s website.
2.2. The Provider registers a domain name on the basis of agreements concluded with various registration organisations.
2.3. Domain-name registration and support services are provided only if there is a written Agreement or after the Supporting Documents specified in Clause 2.5 of the Agreement have been provided.
2.4. A new domain name is registered if all necessary conditions, rules and standards for its registration have been met, in particular:
• the domain name is available at the time of registration;
• generally accepted moral and ethical standards are not violated;
• the application contains complete and correct information required for registration;
• the rules of the relevant domain zone have been observed.
2.5. “Supporting Documents” in the Agreement means documents confirming the information required to identify the Customer.
2.5.1. For a legal entity: copies certified by the legal entity’s seal and by the signature of its authorised body of:
— the certificate of state registration (for a foreign legal entity, another registration document or a document assigning a number in the register of legal entities, if such a register is maintained in the country where the entity was established);
— the certificate of registration with the tax authority (tax identification number, TIN) (for a foreign legal entity, another document confirming tax registration, if this type of registration is maintained in the country where the entity was established);
— the document (minutes of a general meeting of members, decision of a member or another document) appointing the person who, under the Charter, has the right to act on behalf of the legal entity without a power of attorney, and the power of attorney under which the Customer’s representative acts;
— an extract from the regulations governing a branch or representative office or concerning the establishment of a separate subdivision (for separate subdivisions of legal entities, in addition to the documents listed above).
2.5.2. For an individual:
— a copy of the passport and tax identification number (TIN);
— the original power of attorney if the Agreement is concluded on the basis of a power of attorney.
2.6. Only if there is a written Agreement or the Supporting Documents have been provided shall the Provider process the Customer’s applications:
(1) to change information required to identify the Domain Administrator;
(2) to transfer domain support to another registrar;
(3) to transfer domain administration rights to another administrator;
(4) to relinquish administration rights (cancel registration).
2.7. A domain shall be deemed registered and the domain-registration Service shall be deemed provided from the moment the domain being registered is assigned registered status (REGISTERED) in the Registry.
2.8. The service of renewing a domain registration shall be deemed provided when information on the registration renewal is entered in the Registry. As a rule, domain registration is renewed for 1 (one) year from the previously established registration expiry date.
2.9.1. Under the Agreement, the Customer has the right to register any number of domains in the Customer’s own name.
2.9.2. The Customer confirms that, at the time of each application for domain registration and to the Customer’s knowledge, neither registration of the domain name nor the manner in which it is used infringes the intellectual-property rights of third parties.
3.1. Having selected the type of Service, the Customer sends the Provider an application for the Services using the form provided on the Provider’s website. On the basis of the application received, the Provider issues the Customer an invoice for the selected Service.
3.2. The Services are provided to the Customer during the term of the Agreement provided that the balance on the Customer’s personal account (hereinafter, the PA) is positive.
3.3. The Provider records all information about the Services consumed and the Customer’s payments on the PA. Accounting is maintained in roubles at the exchange rate published on the Provider’s website.
3.4. The Provider ensures that the Customer has access to the information in the Customer’s PA.
3.5. A printout of the Customer’s PA serves as confirmation that the Provider has provided the Services under the Agreement.
3.6. If the funds in the Customer’s PA are fully exhausted, provision of the Services to the Customer is suspended. Provision of the Services to the Customer resumes after prepayment is made again.
3.7. The Customer’s requests shall be deemed authorised (verified) and shall be processed by the Provider if they are sent from the service area (billing account) on the Provider’s website. The Customer has access to the service area only by using the Customer’s login and password. The Provider does not know the password; only the Customer knows it, and the Customer may change the password independently at any time on the Provider’s website.
3.8. The contact e-mail address shall be the address specified in the registration form when the Customer registers on the Provider’s website. The Customer changes the contact e-mail address independently through the Customer’s personal Account on the Provider’s website.
4. TERMS FOR PROVIDING “SHARED HOSTING” SERVICES
4.1. The Provider provides shared hosting and supplies the Customer with the data required to manage it no later than 1 (one) calendar day after receipt of the Customer’s payment.
4.2. The Customer shall pay for the Services within 5 (five) banking days from the signing of this Agreement. Payment for the Services shall be made once for the entire term of the Services.
4.3. The cost of the Services is determined on the basis of the Tariff Plan selected by the Customer.
4.4. The term of the Service is from 1 to 36 months.
4.5. When the Customer’s personal-account balance reaches zero, the Provider sends a notice to the Customer’s registration e-mail address stating that payment for the Services is required and warning that provision of the Services will be suspended if payment is not made.
4.6. The Provider then suspends service to the Customer while retaining the Customer’s data on the server for one month.
4.7. The Customer undertakes to comply with the following restrictions:
a) outgoing mail from one Account must not exceed the threshold of 500 messages in 24 hours and/or 25 messages in 1 hour;
b) the permitted disk quota for one Account is 250 GB for VIP-group Tariff Plans and 100 GB for Standard-group Tariff Plans;
c) one Account is backed up only if the volume of data is up to 15 GB and/or 100 thousand inodes on Standard-group Tariff Plans, and up to 25 GB and/or 200 thousand inodes on VIP-group Tariff Plans;
d) only files related to a website may be placed in the hosting Account, provided that the website points to our server;
e) distributing files for download from shared hosting is strictly prohibited;
f) spam resources and any activity that may result in an IP address being blacklisted (SpamHaus, StopForumSpam, SpamCop, Blocklist and others);
g) software that directly or indirectly harms a user’s computer (malware, exploits, virus software, botnet controllers, port and vulnerability scanning, and so on);
h) fraudulent content in all its forms, including carding, phishing and similar activities;
i) promotion of narcotic substances, violence, ethnic, racial or interethnic hatred, or terrorism;
j) placement of torrent projects and similar projects on shared-hosting servers without prior agreement.
If the standards specified above are exceeded, the Provider reserves the right to offer the Customer a change from the current type of Services to one with greater permitted server resources and capabilities, or to suspend the Service.
If the Customer decides to refuse the proposed transition, the Provider may regard that decision as a decision to refuse the Services unilaterally. In this case, the Parties shall be governed by the provisions of Section 12 of this Agreement.
5.1. Within 3 (three) business days after the Customer prepays for the Services under this Agreement, the virtual private server (or VPS/VDS) shall be installed and configured at a site provided with a permanent connection to the Provider’s local network, and the administrative password for the server shall be sent to the Customer’s e-mail address specified when ordering the Services.
5.2. The cost of the Services is determined on the basis of the Tariff Plan selected by the Customer.
5.3. The term of the Service is from 1 to 24 months.
5.4. The Provider installs on the server an operating system from among the available systems with a free licence.
5.5. Installation and configuration of the operating system include the following:
— partitioning the hard disk;
— formatting the partitions;
— installing the operating system in the minimum scope sufficient for operation of the network and the server’s remote-management tools;
— connecting to the virtual network (setting the IP address, default gateway, network mask and name-server address);
— setting a password for the system administrator;
— configuring remote-management tools for the server. In the Windows operating system, the remote terminal service is used for this purpose; in other systems, such as Linux, FreeBSD and others, SSH (Secure Shell) is used.
5.6. Several days before the Service expires, the Provider sends a notice to the Customer’s registration e-mail address stating that payment for the Services is required and warning that provision of the Services will be suspended if payment is not made on time. When the Customer’s personal-account balance reaches zero, the Provider suspends service to the Customer.
5.7. The Provider may retain the Customer’s data for several additional days, but is not required to do so.
5.8. The following are strictly prohibited:
5.8.1. Spam resources and any activity that may result in an IP address being blacklisted (SpamHaus, StopForumSpam, SpamCop, Blocklist and others);
5.8.2. Software that directly or indirectly harms a user’s computer (malware, exploits, virus software, botnet controllers, port and vulnerability scanning, and so on);
5.8.3. Fraudulent content in all its forms, including carding, phishing and similar activities;
5.8.4. Promotion of narcotic substances, violence, ethnic, racial or interethnic hatred, or terrorism.
6.1. Within 5 (five) business days after the Customer prepays for the Services under this Agreement, the server shall be installed and configured at a site provided with a permanent connection to the Provider’s local network, and the administrative password for the server shall be sent to the Customer’s e-mail address specified when ordering the Services.
6.2. The cost of the Services is determined on the basis of the Tariff Plan selected by the Customer.
6.3. The term of the Service is from 1 to 12 months.
6.4. The server is connected to an Ethernet switch using Category 5 twisted-pair cable (RJ-45 connector). The server is connected at a speed of 100 Mbit/s in half-duplex or full-duplex mode; the connection mode is determined by the Customer, and the cost of the Services is determined on the basis of the plan selected by the Customer.
6.5. Correct operation of the switch port is ensured at a peak load of no more than 70% of the established port capacity. Following connection, no data-transmission errors must be registered on the switch port provided to the Customer. A high error rate on the switch port (more than 10% errors) is grounds for suspension of the Service.
6.6. If components forming part of the dedicated server fail, the Provider undertakes, at its own expense, to replace all failed parts with equivalent parts within 3 business days. If the Provider does not have the necessary spare parts, higher-capacity or faster parts may be used temporarily. The deadline for fulfilling the obligations to provide the Service shall be extended proportionately by the dedicated-server repair period if more than 12 hours pass between the server failure and completion of the repair work.
6.7. The Provider installs on the server an operating system from among the available systems with a free licence. If the Customer requires another operating system, the Customer shall provide the necessary licence and operating-system distribution package.
6.8. Installation and configuration of the operating system include the following:
— partitioning the hard disk;
— formatting the partitions;
— installing the operating system in the minimum scope sufficient for operation of the network and the server’s remote-management tools;
— configuring the network card (setting the IP address, default gateway, network mask and name-server address);
— setting a password for the system administrator;
— configuring remote-management tools for the server. In the Windows operating system, the remote terminal service is used for this purpose; in other systems, such as Linux, FreeBSD and others, SSH (Secure Shell) is used.
The server is assembled and equipped by the Provider; all server components not specified in this appendix but required for the server are selected by the Provider at its own discretion.
6.9. Several days before the Service expires, the Provider sends a notice to the Customer’s registration e-mail address stating that payment for the Services is required and warning that provision of the Services will be suspended if payment is not made on time. When the Customer’s personal-account balance reaches zero, the Provider suspends service to the Customer.
6.10. The Provider may retain the Customer’s data for several additional days, but is not required to do so.
7.1. The cost of the Services is specified on the Service tariff page.
7.2. The Services are paid for by prepayment to the settlement account in accordance with the invoice issued. Payment may also be made by the Customer through international payment systems in real time on the Provider’s website or by another method.
7.3. Payment is made for a period calculated in months. The minimum period for which payment is made is 1 month. The subscription fee is a fixed payment and shall be paid by the Customer irrespective of whether the Services are actually received.
7.4. When the Customer prepares payment documents, a reference to the invoice number is mandatory in the “Purpose of Payment” field. If there is no reference to the invoice, the Provider does not guarantee that the amounts received will be credited to the balance of the Customer’s PA, and receipt of the payment document shall not be recognised as acceptance of the Agreement within the meaning of Clause 9.1; accordingly, the Agreement shall not enter into force.
7.5. Payment for the Services shall be deemed confirmed and the Customer’s PA shall be deemed credited after information is received from the bank that the funds have been credited to the Provider’s settlement account, subject to mandatory compliance with Clause 4.4.
7.6. The Customer is independently responsible for the correctness of payments made by the Customer. If the Provider’s bank details change, from the moment the new details are published on the Provider’s website and notice is sent to the contact e-mail address, the Customer is independently responsible for payments made using outdated details.
7.7. The Provider shall refund funds within 30 banking days from the date on which the application is received in the cases specified in the Agreement.
The Provider undertakes to refund the unused portion of funds for full months of service in the following cases, provided that:
a) no more than 30 calendar days have passed since the Agreement was concluded and/or the order was paid for;
b) the refund concerns shared-hosting Services or rental of a virtual private server;
c) this is the Customer’s only and first order and the Customer has not previously refused this type of Service.
If the Customer received gifts and bonuses with the order, an amount equivalent to the value of the gifts and bonuses received shall be deducted from the amount refunded.
7.8. If a domain-name registration is cancelled before its expiry or if the domain name is transferred to another person, including by a court decision, funds paid for registration or renewal of that domain name shall not be refunded.
8.1. The Provider undertakes to:
8.1.1. Ensure round-the-clock storage, technical maintenance and operability monitoring of the equipment on which the Customer’s resources are hosted throughout the term of the Agreement.
8.1.2. Notify the Customer of attempts to compromise the Server if countering those attempts required special actions by the Provider.
8.2. The Provider has the right to:
8.2.1. Change the cost of the Services unilaterally, subject to mandatory notice to the Customer of the changes by e-mail at least 7 calendar days before they enter into force. If no response is received from the Customer, the changes shall be deemed automatically accepted by the Customer.
8.2.2. Engage third parties to fulfil its obligations under the Agreement while remaining liable to the Customer.
8.2.3. Temporarily discontinue provision of the Services to the Customer if prepayment for the Services is not received;
8.2.4. Discontinue provision of the Services to the Customer without refunding funds in the following cases:
— actions aimed at restricting or preventing other users’ access to the Services, as well as attempts to gain unauthorised access to the Provider’s resources and other systems available through the Internet;
— distribution through the Internet of any information that is contrary to the requirements of Belize law or international-law standards. Distribution means both mass mailing of several e-mails to multiple recipients and repeated mailing to one recipient, as well as use of details (web pages, e-mail addresses) located on the Provider’s servers in similar mailings made through another Provider. Messages means e-mails, ICQ messages and messages sent by other similar means of personal information exchange;
— publication or transmission of any information or software containing computer viruses or other components equivalent to them;
— actions aimed at using, sending, publishing, transmitting, reproducing, providing or distributing by any means information, software or other materials obtained through the Services, in whole or in part, that are protected by copyright or other rights, without the owner’s permission, as well as sending, publishing, transmitting or distributing by any means any component of the Services provided or works created on their basis, since the Services themselves are also protected by copyright and other rights, provided that there is a written demand from the owner of those rights to restrict the listed actions;
— the Customer knowingly provides false data or refuses to confirm the data;
— improper communication with company employees, including the use of obscene language or distribution on third-party resources of correspondence between employees and the Customer without agreement with the Provider;
8.2.5. If the Customer has increased requirements exceeding established standards for hardware and other resources provided under the ordered service, offer the Customer a transition to another Tariff Plan and, if the Customer refuses, discontinue service to the Customer with a refund of the funds unused by the Customer in accordance with Clause 7.7.
8.2.6. Discontinue provision of the subnet or subnets at the end of the paid period, including withdrawal of announcements and related network settings, if the Customer has not fulfilled the obligation specified in Clause 8.3.8.
8.2.7. Discontinue provision of the server or servers at the end of the paid period and begin preparing the equipment for transfer to another customer if the Customer has not fulfilled the obligation specified in Clause 8.3.9.
8.3. The Customer undertakes to:
8.3.1. Send an application for the Services from the Customer’s workplace through the Provider’s website. Complete all proposed order-form fields with accurate information. The Provider shall not be liable for consequences arising from incorrect information entered. If it is necessary to verify the Customer’s identity, provide all data requested by the Provider for that verification.
8.3.2. Make prepayments for the Services received in a timely manner.
8.3.3. Independently monitor the Customer’s PA and resource-consumption statistics. Change the Tariff Plan in a timely manner when necessary.
8.3.4. Retain the relevant financial documents confirming payment for the Services.
8.3.5. Sign certificates of Services provided and work performed and send them to the Provider within 3 (three) business days after receipt or, in the event of disagreement, send the Provider a reasoned refusal to sign the Certificate. If the Provider does not receive a signed Certificate or a reasoned refusal to sign the Certificate within 5 (five) business days, the Services provided or work performed shall be deemed to comply with the Agreement and to have been accepted by the Customer in full, as confirmed by the Certificate of Services provided signed by the Provider.
8.3.6. Independently ensure compliance with network etiquette. For its part, the Provider undertakes not to take any action against the Customer’s clients in respect of detected violations earlier than 24 hours after they are detected.
8.3.7. When using the Services, comply with the requirements of applicable international law, including by not placing illegal materials on the website and not infringing copyright, related rights or other rights of third parties.
8.3.8. No later than 7 calendar days before expiry of the paid rental period for the subnet or subnets, either pay to renew the Service or notify the Provider that the Customer refuses renewal.
8.3.9. No later than 3 calendar days before expiry of the paid rental period for the server or servers, either pay to renew the Service or notify the Provider that the Customer refuses renewal.
9.1. For failure to perform or improper performance of obligations under the Agreement, the Provider and the Customer shall bear property liability in accordance with the applicable laws of Belize.
9.2. The Provider shall not be liable for the quality of public communication channels through which the Customer accesses the Services and does not guarantee acceptance of the Customer’s mail from remote networks whose operation has caused the address of such a network to be included in lists according to which the Provider’s mail-delivery software does not accept mail.
9.3. The Customer is fully responsible for keeping the Customer’s password secure and for losses that may arise from its unauthorised use. If the login and password are stolen through the fault of third parties, the Customer must send the Provider an application to change the login and password, attaching to the application the relevant financial document confirming payment for the Services. The Provider shall not be liable for actions of third parties that resulted in theft of any of the Customer’s information.
9.4. If the Customer violates Clause 5.3.6 of the Agreement and third parties bring claims against the Provider, the Provider has the right to suspend or discontinue provision of the Services, with unilateral termination of the Agreement, and the Customer undertakes to settle those claims independently and compensate the Provider for damage caused by those actions.
9.5. The Provider shall not be liable for the Customer’s infringement of copyright, related rights or other rights of third parties.
9.6. The Customer bears in full the risk of consequences of actions performed through the Provider’s web interface using the Customer’s authorisation data, including issuance of invoices, changes to personal settings and other actions that may have financial or technical consequences.
9.7. The Provider shall be liable for the Customer’s inability to receive the ordered Services only if that inability occurred through the Provider’s direct fault. The Provider’s liability may not exceed an amount equal to the cost of the Services not received by the Customer.
9.8. Except in the cases expressly specified in the Agreement, neither the Provider nor the Customer shall transfer its rights and obligations under this Agreement without the other Party’s prior written consent.
9.9. During the term of the Agreement, the Parties undertake to restrict access, without lawful grounds, by third parties and by employees and officials who do not participate in performance of the obligations under the Agreement, and to protect the confidentiality of information constituting a trade secret and transferred to each other in the course of performance of obligations under this Agreement. Information shall be deemed confidential and to constitute a trade secret of the Party that transferred it if the information is expressly marked as confidential. The Parties understand that the subject of the Agreement is, as a rule, public placement of the Customer’s information on the Internet and that only the Customer’s personal data may be confidential.
10.1. The Provider shall accept the Customer’s claims relating to the Services received for consideration only in writing and no later than 3 business days from the date on which the disputed situation arose. The period for considering the Customer’s claims is 30 (thirty) business days.
10.2. Claims relating to provision of the Services shall be considered when the Customer presents the relevant financial documents confirming payment for the Services.
10.3. In order to resolve technical issues when determining the Customer’s fault resulting from the Customer’s unlawful actions when using the Internet, the Provider has the right independently to engage competent organisations as experts.
10.4. Disputes arising in relation to domain names shall be considered under the procedure provided for by the relevant section of the applicable domain-zone rules published on the official website of the domain administration at its current Internet address.
10.5. When disputes are considered, the Parties have the right to provide printed e-mails with their service-related technical information (headers) preserved as evidence. If service-related technical information (headers) is absent, such an e-mail shall not constitute evidence. The correctness of e-mail headers may be confirmed by the Provider through which the relevant e-mail was sent or by independent experts.
11.1. The Parties shall be released from liability for full or partial failure to perform obligations under this Agreement if they prove that it resulted from force-majeure circumstances, namely: natural disasters, war or military actions, damage to or malfunction of communication lines, changes in legislation or other extraordinary and unavoidable circumstances beyond the Parties’ control that occurred against their will, provided that those circumstances directly affected performance of the Agreement.
11.2. The Party for which performance of obligations under the Agreement has become impossible must immediately give the other Party written notice of the commencement and cessation of the force-majeure circumstances.
11.3. If force-majeure circumstances occur, the deadlines for performance of obligations shall be extended proportionately to the period during which those circumstances are in effect. If those circumstances remain in effect for more than 3 (three) consecutive months, this Agreement may be terminated at the initiative of either Party by sending notice to the other Party, and neither Party shall have the right to demand compensation for losses from the other Party.
11.4. The existence of force-majeure circumstances shall be confirmed by an official opinion of the authorised body of Belize.
12.1. The Agreement enters into force when the first prepayment is credited to the Provider’s settlement account and remains in effect for 365 days. If neither Party notifies the other Party of its intention to terminate or revise the Agreement 10 calendar days before the Agreement expires, the Agreement shall be deemed renewed for the same term.
12.2. The Agreement may be terminated by agreement of the Parties.
12.3. If one Party violates the terms of the Agreement, the other Party has the right to terminate the Agreement unilaterally, of which it shall notify the Party that violated the terms of the Agreement in writing; funds shall not be refunded in this case.
12.4. The Customer has the right to refuse the Provider’s Services unilaterally at any time. In this case, the Customer must notify the Provider of the intention to terminate the Agreement 30 calendar days before the date of termination and settle any financial debt.
12.5. If provision of the Services is terminated early, the Customer shall receive a refund of unused funds for a full month of service in accordance with Clause 7.7.
12.6. Upon termination or expiry of the Agreement, all of the Customer’s information held electronically by the Provider shall be deleted within one business day after the date of termination or expiry of the Agreement.
Company: BVI HSTQ Hosting quality service
Registration number: Reg. No. 6949321
Address: Offshore Incorporations Limited, 18 Pasea Estate Road, Road Town, Tortola, VG1110, British Virgin Islands
Phone: +1 282-222-8282
Website: https://hstq.net/
E-mail: [email protected], [email protected]