MASTER SERVICE AGREEMENT

(hereinafter the “Agreement”)

Effective 16.11.2023

is entered by and between

COMPANY (or “We”), which means and includes Our successors, assigns, partners and affiliates), and

YOU, personally or the person on whose behalf You legally act (hereinafter referred to as “You”),

by registering an Account, ordering or using Services, paying for Services, using Our Website , You acknowledge the obligation to comply with Agreement, as follows:

USERS

By registering on Site or ordering, using, or paying for Services, You confirm that You have reached the age of 18, or it is legally established that You have the right to accept the terms and comply with the Agreement and deposit payments.

If the above conditions are not proper, do not register on Site or do not use Services. Otherwise, Company is not responsible for any adverse consequences.

If You act on behalf of another person, company, or organization, You warrant that You are an authorized representative of such person, company, or organization to use Site and Services.

In the context of the Agreement, the term “User” also means clients, end users, and persons who use Your services and resources in any form.

You also confirm that You have the necessary rights, permissions, and powers to share with Company all information necessary to provide Services.

Suppose Company becomes aware that You do not have the rights, permissions, or authority to act on behalf of another person, company or organization. In that case, You will be personally liable, including payment of penalties, damages, and liabilities provided for in the Agreement and applicable law.

INFORMATION, ACCOUNTS

In order to access Services You shall register for an account (hereinafter “Account”).

Both at the registration stage and during the use of Services You shall be required to provide Company with

• accurate, complete information about Your name, postal and email address, contacts, payment details, etc.; and

• authentic documentations as requested; and

• optional information about Yourself on a voluntary basis following the registration forms.

The usage of fictitious, fake information or documents, invalid contacts is forbidden. You shall maintain the relevance, completeness, accuracy of information and documents, validity of contacts (all updates shall be provided to Company without unreasonable delays).

You warrant that You will provide information about updating data about Yourself, your company, your organization (if applicable), and Company, to maintain such information’s relevance, completeness, and accuracy. Updates are provided in the shortest time possible, but no later than 96 hours from the updated date.

If Company, at its sole discretion, has reason to believe that accounts (or domains associated with such an account) contain false (incomplete, incorrect) information, such accounts (domains) may be blocked until reliable (complete and correct) information about the owner of the account/domain names.

Company reserves the right to require verification of the authenticity, completeness of documents, information or validity of contacts; or send requests for information or documents related to investigations by law enforcement. You shall provide comprehensive responses and comply with the requirements specified within 72 hours (or within 24 hours concerning urgent issues).

Company may proceed and store Account information, relevant documents and all the information connected with Your Services, abuse and complaints details, relations with Company within the validity period of Agreement and not less than 10 years upon its termination.

If Company shall have any reason to consider that Your Account contains incomplete, incorrect information, invalid contacts or false documents, or You shall not provide Company with updates upon Company’s request, Accounts and Services may be suspended until reliable information, authentic documents or valid contacts shall be provided.

Company shall not be liable for any losses resulting from any unauthorized use of Account, You shall indemnify Company and hold Company harmless for any such unauthorized use. You shall protect passwords, Account identifiers, payment details and other information connected with Account. Company shall not be responsible for losses or claims for any unintentional disclosure of such data which may result thereby. You shall notify Company of any unauthorized or suspicious use of Account or any other breach of security.

The Whois Protect service serves to hide the actual data of the domain name owner to protect the owner from unwanted mailing lists, calls, and other forms of advertising carried out against the will of the domain name owner. However, You agree not to use Whois Protect as a front for the activity that violates the Agreement or applicable law.

TERMS OF USE

You are fully legally responsible for all actions that will be legally or illegally carried out using Your account, domains by You or third parties.

Our legal relations with You concerns domain names registration only.

Company grants You a permission to use Services, which purchased pursuant to the details posted on Website, Company’s web-platforms, applications, online complex tech-for-tech products and available in Account. Company does not initiate Your Content transmission, does not select the receiver of the transmission; and does not select or modify the information contained in the transmission; does not download, modify, edit or control Your Content or Content of Your end users, partners etc. Company shall not provide You any censoring, moderation or other similar services concerning Your Content. Any control, censoring or analytic operations concerning Your Content shall not be performed by Company.

Company does not check the Content or the users’ websites and is not responsible for their Content or the consequences of their use. However, You agree that Company may (but is not obligated to) periodically check (if possible) and take appropriate action in case of any indication of a violation of the Agreement or applicable law.

You are solely responsible for maintaining the confidentiality of Your password, other information related to the security of Your account, payments, etc. Company reserves the right to force password changes if necessary for security purposes.

You must immediately (within no more than 6 hours) notify Company of any unauthorized or suspicious use of Your account or any other breach of security.

You agree that despite all the security measures Company implements, incidents may nevertheless occur related to illegal actions of third parties, including, but not limited to, hacker attacks, viruses, and malicious software. In the event of such incidents, Company will take all reasonable steps to notify You of the occurrence, and You agree that Company shall not be liable for damages or losses that may occur due to such incidents.

Company will use commercially reasonable efforts to provide access to Site and Services 24 hours a day, seven days a week. Company reserves the right to modify, change or discontinue any aspect of Site or Service without your notice or consent. From time to time, Company may offer new Services (including limiting the functionality of previously available Services or adding new features to existing Services).

You agree that from time to time, Site may be unavailable or disabled fully or partly for any reason, and Company shall not be liable to You or any third party in connection therewith.

You acknowledge and agree that third parties engaged by Company may provide Services.

Without the prior written consent of Company, You will not resell or provide Services for commercial purposes, including technology related to Company.

You acknowledge that Company may periodically call or contact You in any way available to discuss Your account or all activities that are carried out using the account, Services may record conversations with You. You will be informed about such recording and its purposes.

You agree to pay promptly the fees associated with Services purchased or received on Site. All payments are non-refundable unless expressly stated otherwise by Company. Company reserves the right to change the pricing policy, the cost of a particular service, and the procedure for paying for it at any time, and such changes will be published on Site and will take effect immediately without prior notice and Agreement with You, unless otherwise expressly stated.

Site and Services may contain links to third-party websites beyond the control of Company. Company is not responsible for the Content or practices of any third-party websites. Company does not review or edit the Content of third-party websites. By using Site or Services available on this Site, You release Company from any and all liability (including damages and penalties payment) arising from your use of any third-party website. Accordingly, Company advises You to keep this in mind when You leave Site or Services on this Site and browse third-party websites.

Your Content

Using registered domain names, You may upload, store, publish, submit, reproduce, distribute or otherwise use information, text, images, videos, works, links, data, folders, media and other content, including Content that is used by Your clients, end users, and persons who use Your services and resources in any form (hereinafter “Your Content’).

You shall be solely responsible for Your Content and any actions that are carried out concerning Your Content by Your users (as well as clients, end users, partners). You shall be solely responsible for ensuring that Your Content is used and operated properly under the full scope of licenses, rights, consents, permissions bound by laws. You are responsible for compliance with laws. You shall be responsible for all the consequences of Your Content being uploaded or otherwise used.

You affirm, represent, and warrant that Your Content, Your activity and activity, operations of Your end users, partners and clients shall be in compliance with Our Acceptable Use Policy (hereinafter - “AUP” incorporated herein by this reference; and You are solely responsible for the moderation of Your Content, including when Your Content is contributed by Your end users, partners, clients.

You shall irrevocably waive and cause to be waived against Company any claims and assertions of rights or attribution with respect to Content.

ACCEPTABLE USE POLICY

You shall comply with AUP. You shall enter into legally binding paper or electronic agreements with Your end users, partners or clients which shall be no less protective than Agreement and contain the requirements similar to Agreement regarding AUP.

You shall be solely responsible for all actions that shall be legally or illegally carried out using Your Account, web-resources by You or third parties, including 

• producing, uploading, maintaining the websites, HTML files, scripts, applets, applications, media, and any Your Content uploaded to servers (server places) or 

• which You allow others to upload.

Company considers each appeal regarding the use of Services for prohibited purposes and takes all adequate measures to avoid repetition of violations in the future.

If You notice that individuals using the Company Services engage in the above-prohibited activities or violate the applicable law of a particular jurisdiction, please let us know. 

Company reserves the right to immediately suspend and/or terminate Your use of Services, block Your account due to the violation of the Agreement or the applicable law of the relevant jurisdiction or for any other reason with or without notice to You.

Company reserves the right (but is not obliged) independently and at its own discretion to identify the Content or actions of the User that violate the Agreement’s terms.

Prior to the suspension or complete termination of Your use of the Service, Company may, but is not obligated to, work with You to try to remedy violations of the Agreement or the applicable law of a particular jurisdiction, as well as to ensure that such a violation is not repeated, to offer other options for resolving the violation. However, Company reserves the right to suspend or terminate the provision of Services to You in the future, even if such attempts have been made.

If Company suspends and/or terminates your use of Services due to a violation, You may request a refund of the funds remaining in Your account. However, Company reserves the right to refuse to refund such funds to You until further resolution of the situation arising from the violation of the Agreement.

Company has the right to terminate the provision of Services (including blocking a domain or account) within 24-72 hours after sending a notification to the User, or a shorter period if the reason is an illegal activity using Services. Furthermore, Company has the right to terminate the provision of Services (including blocking a domain or account) immediately and without prior notice, including, but not exclusively, to stop infringements.

Company (its executive officers and contractors) are not responsible for:

• the use of Your account and Your website and all actions that are carried out through it by You or unauthorized third parties

• third-party actions

• consequences of unauthorized use of Company resources by third parties

• any malicious software that may transmit from/to Site

• User Content that violates the Agreement or the applicable law of a particular jurisdiction

You confirm that You will take all actions to avoid causing damage to Company from any claims, demands, or obligations that are related to:

• Your use of Site or Services

• violation by You of any term of the Agreement or policies, regulations, applicable law of a particular jurisdiction

• Your violation of the rights of third parties, including intellectual property rights or other rights.

JURIDICAL NATURE. Agreement, including all documents expressly incorporated by reference herein, constitutes the entire agreement between Parties. 

The admissible and sufficient evidence of Your acceptance of Agreement shall be 

• log-files (file with the list of registered events of registration, ordering of services, etc.); or

• concerted actions - registration for an Account, ordering and using Services; paying for Services. 

Company may implement additional procedures of Your acceptance verification  including but not limited to authorization by a unique link, a special code received by SMS, etc. 

Agreement, amendments to it, Company’s policies, procedures and all the legal documents posted on Website constitute the entire agreement between You and Company

If any provision of Agreement shall be held to be illegal, void, invalid or unenforceable under the laws of any jurisdiction, the legality, validity and enforceability of the remainder of Agreement in that jurisdiction shall not be affected, and the legality, validity and enforceability of the whole of Agreement in any other jurisdiction shall not be affected.

By using Services, You shall agree to fulfill all the policies and regulations posted on Website or sent to You. All the Company’s policies and regulations are an integral part of Agreement and are bound by You. Violation of Company’s policies and regulations shall be treated as violation of Agreement.

Agreement lays out the core of Company’s terms of service provision, but we also have other contractual documents that You can think of as additional terms for specific topics. These other documents are incorporated by reference as if they were written here and form part of the overall Agreement. Therefore, You should also review these other documents, which can be found at the links below:

• Privacy policy
• General Data Protection Regulation, GDPR
• Domain deletion and auto renewal policy
• Policy on Transfer of Registrations between Registrars
• dotUA Policy Information
• Claim Consideration Policy
• Acceptable use policy
• Domain Registration Reseller Agreement
• Registrant rights and responsibilities

The Agreement does not replace or establish alternative regulations for ICANN’s rules, policies and procedures. Accordingly, ICANN policies, rules and procedures must be followed when providing Services. If there are inconsistencies between ICANN’s rules and procedures and the Agreement, ICANN’s rules and procedures shall prevail.

You agree to comply with all applicable laws of the particular jurisdiction in which You are treated as a resident or other relevant jurisdiction concerning the Content, Your website, online activities, electronic communications and use of Services, Site.

Separate subsidiary procedures may be implemented and may relate to specific Services, will be valid and are binding on You if You use such Services.

MODIFICATIONS TO AGREEMENT

Company may, in its sole discretion, amend the Agreement and other policies or regulations at any time.

Company shall notify You of all significant amendments to Agreement. 

Company may (but is not obligated to) notify You of changes to the Agreement and is required to publish the Agreement as amended on Site. Accordingly, you undertake to periodically (but not less than once a month) review the materials on Site to identify and study updates to the Agreement.

Any changes to the Agreement, policies, and regulations come into force and become binding on You from the date specified in the Agreement. If no date is specified, the changes will take effect immediately, and Your use of Services after such changes confirms Your acceptance of the updated terms of the Agreement and other policies and regulations. If You do not agree to accept the Agreement, policies, and regulations in an updated version, please do not use Site, Services or stop using them.

TERMINATION OF AGREEMENT, SERVICES

Company may, in its sole motion and discretion, terminate (suspend, block or modify) Your access to Site and Services at any time with or without cause, with or without notice to You, with immediate effect. Company, in particular, may terminate (suspend, block or modify) Your access to Services (fully or partly) in the following cases:

• the need to correct any errors;

• handling complaints about the Content or complying with the requirements of the competent authorities or persons;

• failure to respond to complaints (as the domain name owner) within the term established by Company;

• late payments or violation of the terms of the Agreement by You;

• Your behaviour causes or may cause damage to Company, other Users or third parties;

• Your actions or activity through Your website violates the applicable law of a particular jurisdiction (or is reasonably expected to violate);

• You have provided Company with false, inaccurate or misleading information (documents), invalid contacts

• to comply with any applicable laws, government rules or requirements, applicable dispute resolution process, requests of any authority; or

• to avoid any liability

• if there shall be a violation of any U.S. or EU sanctions, export or import laws, any executive orders, or any rules, regulations or orders issued by the U.S., European Union authorities.

In such cases, Company is not obligated to refund payments to You (if such were paid in advance), and You are obliged to pay all costs, penalties and expenses before terminating access to Services.

If You wish to terminate the Agreement for any reason, You shall stop using Site or Services. If You want to delete Your account - contact the address. All terms of the Agreement, which by their legal nature should survive termination of the Agreement, shall survive termination of the Agreement, including, but not limited to, the limitations of liability and warranties.

Upon termination of Services for any reason, the Content, website and other information will be deleted. You are solely responsible for maintaining backup copies of all Content, Your websites, and information. Company is not responsible for the consequences of deletion and failure to save backups.

FORCE MAJEURE CIRCUMSTANCES

Neither You nor Company shall be liable for any breach of the Agreement if such a breach occurred as a result of circumstances that could not be foreseen or eliminated by reasonable means, namely: natural disasters, man-made disasters, war, terrorism, armed conflict, strikes, epidemics, special economic sanctions, adoption/amendments to regulations that significantly affect the possibility of implementing the Agreement. The Parties to the Agreement shall notify each other of the occurrence of such circumstances as soon as possible. If such circumstances affect You for more than 30 days, then Company has the right to stop providing Services immediately.

GOVERNING LAW AND ARBITRATION. The legal relations arising out of or relating to Agreement are governed by the legislation of the Republic of Cyprus without regard to conflict of law provisions. Any dispute, claim or controversy arising out of or relating to Agreement or the violation, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of the Agreement to arbitrate, shall be treated by the courts of the Republic of Cyprus without regard to conflict of law provisions. For any claim brought by either party, You agree to submit and consent to the personal and exclusive jurisdiction in, and the exclusive venue of the courts located in the Republic of Cyprus.

Some jurisdictions do not allow some of disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to You insofar as they relate to implied warranties.

COMMUNICATIONS

Company may provide You with notices by email, regular mail, instant messages, notifications in Your Account etc. Notice is deemed to be received by You when it is sent by Company. If Company sets a deadline for You to perform specific actions, then such a period is considered from the moment the notice is sent to the email address You specified in Your Account or as a notification in Your Account, other communication devices and cannot be suspended or renewed due to the situation You did not get or read the notice from Company.

Notices to Company must be delivered to e-mail addresses posted on Website or as a notification in Your Account, shall be deemed to be received when actually received by Company.

You undertake to carry out or organize continuous monitoring of incoming messages to the contacts associated with Your Account. You bear the risks and responsibility for the consequences if You do not read or do not get the messages from Company timely for any reason. Any notice that We send to Your contact details or by a notification in Your Account shall be effective when sent, whether or not You actually receive or read it.

Under no circumstances shall Company be liable to You or other persons for direct, indirect incidental, special, consequential or exemplary damages and any consequences (including, but not limited to, Service providing suspicion) in case caused by You sent a notice from e-mail address (other source) not mentioned in Your Account and Your notification contains less information and Company is unable to identify Your identity or matter for a notice.

You can communicate with Company using details on Our Contact page (emails or tickets in Your account are preferable).