AGREEMENT

1. Terms of accession to the Agreement

The unconditional acceptance of conditions of this Agreement (hereinafter called "Agreement"), and adherence to them is the fact of registration of the Customer on the Contractor’s server http://www.planet-hosting.net and the fulfillment of the first payment for services rendered by Contractor under this Agreement. Since registration on the Contractor’s server, the Customer must comply strictly with the requirements of this Agreement.

2 Terms and definitions used in the Agreement

2.1 The Service is the obligation of the Contractor to provide the Customer:

2.1.1 Username and password to access the control panel features a virtual server of the Customer;

2.1.2 Username and password to the Contractor’s server to load data;

2.1.3 Support for primary and secondary DNS-servers for shared hosting;

2.1.4 Possibility of an e-mail within the space provided for tariff plan;

2.1.5 Access to the statistics of visits to the site of the Customer;

2.1.6 The necessary consultations to configure the software via e-mail: support@planet-hosting.net.

2.2 Subject of the Agreement is The Contractor shall provide the Service to the Customer and the Customer agrees to pay for this Service in accordance with the terms of the Agreement.

2.3 Proper notice to the Customer under the Agreement is a sending of message from the Contractor at an email Customer. Customer, taking the conditions of the Agreement, agrees that all messages sent from his e-mail specified at the initial registration on the server Contractor, will be considered originating from the Customer. Customer waives any claims in connection with this and is fully responsible for the content of his messages sent from his e-mail.

2.4 Control Panel is software designed to manage the virtual server of the Customer.

2.5 Email of Customer is the address box of an email Customer that was specified when the initial registration on the Contractor’s server. The specified mailbox is considered a contact mailbox.

2.6 Technical Support means to assist Customers in the form of answers to questions by e-mail under the Agreement.

2.7 Loss of profits is revenues that this person would have received under normal conditions of turnover, if his right was not violated.

2.8 Losses are expenses that the person whose right is violated, made or must make to remedy the loss of or damage to property (real damage).

2.9 Questions under the Agreement are questions received by e-mail from a Customer relating to the provision of information about the service DNS, the work of the web-server of the Control Panel, configure the e-mail, upload a Customer’s site to a server of the Contractor, database load, issues help with installing the software.

2.10 Questions beyond the agreement are other issues not provided for in Section 2.9, including issues of software development.

2.11 Domain Name is a unique character site address in the space of the Internet.

2.12 Domain name registration is a process to create a domain name and incorporate it into the Register by the Registrar of domain names.

2.13 Customer is any natural or legal person registered on the Contractor’s server, paid all necessary expenses for the use of the Service.

3 Obligations of the Contractor

Contractor must provide the Customer the opportunity to use the Service. If necessary, Contractor may assist Customer in registering a domain name for an additional fee

4 Obligations of the Customer

Customer shall:

4.1 not post on the server of the Contractor material containing pornographic and erotic materials, images (“adult material”). Determination of what belongs to the “adult material” is left to the Contractor.

4.2 not violate the Agreement, international law, the law of United Kingdom, Germany and other foreign laws, rules and regulations applicable to the Customer and / or Contractor, including not to post material on the server that are contrary to and / or violate the regulations, the provisions of these laws .

4.3 not violate any rights of others (including intellectual property rights, rights of authorship), including the Customer shall not perform any action on what to send, publish, transmit, reproduce or distribute in any way obtained by Services software or other materials, in whole or in part, protected by copyrights and other rights without the permission of the owner, as well as send, publish, transmit or distribute in any way any component of Service or on the basis of her work, as the Service itself is subject to copyright and other rights.

4.4 not post and not to publish on the server of the Contractor and not to transfer data via the Service that contain viruses, and malicious software Contractor and / or any third party.

4.5 use the Service to be provided by the Contractor only for activities permitted under the law applicable to the Customer and / or Contractor and the availability of necessary permits (licenses, certificates and other documents)

4.6 not transfer to the Contractor liable for damages of any kind suffered by the Customer or any third party in the Customer’s use of the Service Contractor.

4.7 The Customer is entitled under the agreement to use only licensed software, a right which he possesses in connection with the contract signed, the agreement with other persons or on other legal grounds, the relevant legislation applicable to the Customer.

4.8 not use the provided services for:

• mailings via the Internet any information that violates the rules of international law, the laws of United Kingdom, Germany and other countries whose legislation is applicable to the Customer and / or Contractor, including mass mailings (mail, icq, mass deployment hyperlinks, etc.) posts advertising and / or commercial (SPAM). Under the distribution is distribution without the express written consent of the recipient - as mass mailing multiple emails multiple recipients and multiple dispatch to a single recipient, and the use of essential elements (Web pages, e-mail) the Contractor under such mailings, made through another provider. Under the reported mean e-mail, ICQ, and other similar means of information exchange.
• the emergence of the Internet a large number of links to resources (SEO-optimized), located on the server to Customer, or post links to the resource, which is redirected to the Customer’s site is equal to Customer sending unsolicited messages;
• port scanning other servers connected to the Internet;
• generating excessive traffic directional leading to failure of other servers connected to the Internet.

4.9 not publish or transmit via the Internet any information, defamatory Contractor and / or any third party, not to commit acts that impede the normal operation of the Contractor.

4.10 not implement actions aimed at restricting or impeding access of other users to services, as well as the implementation of the attempts of unauthorized access to the resources of the Contractor and to other systems available on the Internet

4.11 timely pay for Services the Contractor. Customer shall independently pay all required payments under the Agreement. Contractor shall not be held responsible for non-payment or delayed payment by Customer payments, taxes, fees to the appropriate authorities.

4.12 indicate the true information about yourself, both at the initial registration of the Contractor’s site, and when you change the information and provide the Contractor within 10 (ten) working days of proof of the reliability change. The change of this information, the Customer shall inform Contractor no later than the next working day from the date of change. Contractor may request from the Customer to provide copies of notarial documents to prove the authenticity of the information specified in the Customer’s site. In this case the Customer must provide the documents in scanned form not later - two days from the date of the Contractor to the Customer are prompted by e-mail and notarized copies of documents - no later than thirty (30) calendar days from the date of the Contractor of the Customer request by e-mail. Artist has the right to suspend services to Customer’s receipt of the documents proving the reliability of the information provided. Customer is responsible for giving false information about themselves as to the performers and to third parties.

4.13 to keep secret data required to access the control panel and FTP-server of the Contractor.

4.14 adequately comply with the terms of the Agreement. In the presence of at least one of the above violations of the Customer listed in Section 4 of the Agreement, the Customer shall bear full responsibility before third parties, and before the Contractor alone. If the Contractor receives from a third party claim, demand or other document is a violation of his rights by the Customer or receive instructions from the competent authority of a violation by the Customer, the Contractor submit the claim, demand, order or other document received to e-mail Customer. Customer shall settle the claim, the claim to respond to the requirement on their own and at their own expense (including all required to pay fines, court costs are borne, etc.) and pay for 2 (two) calendar days from the date of the Contractor Customer’s respective request by e-mail losses Contractor (if available) incurred by him in connection with the breach of the Customer. The Customer is obliged to settle the controversy with a third person, the authorized body alone without the involvement of the Contractor, including the absence of breach by the Customer of the third party or an authorized body.

5 Rights of Customer and Contractor

5.1 Customer’s Rights:

5.1.1 Require the Contractor to provide services in accordance with the Agreement.

5.1.2 In the event that the date of commencement of Services under the Agreement was less than fourteen (14) calendar days and with no breaches of the terms of the Agreement by the Customer in advance of court to refuse the Agreement by notification to the Contractor via e-mail indicating the reason for the failure of Agreement (Service the Agreement), the numbers of the Agreement between the Customer and the Contractor and the Customer’s domain name, ordered by / through the Contractor.

5.1.3. If the date of commencement of services under the Agreement was fourteen (14) or more calendar days in the absence of breaches of the terms of the Agreement by the Customer in advance of court to terminate the Agreement by notice to Contractor by e-mail no later than thirty (30) calendar days before the date termination of the Agreement.

5.1.4. In case of technical problems promptly inform the Contractor by e-mail.

5.2 Contractor’s Rights:

5.2.1 The Contractor may modify the terms of this Agreement unilaterally. Date of entry into force of amendments of the Agreement is the date of their publication on the web-site Contractor http://www.planet-hosting.net. It previously paid for services provided to Customer in full on the same terms in effect at the time of payment. Customer shall regularly acquainted with the official information relating to customer service, including changes in tariff plans, the Contractor, published on the Contractor.

5.2.2 Contractor have the right to disclose customer information if it is necessary for the performance of the Agreement, as well as the respective authorities (state, tax authorities and other bodies) in the cases stipulated by the legislation of United Kingdom, Germany and any other legislation. Customer confirms his lack of claims against the Contractor, in connection with the possible disclosure by the Contractor specified in the Customer information provided in this Agreement goals.

5.2.3 The Contractor may request from the Customer a document confirming payment of services under this Agreement. Within one working day from the date of the Contractor to the Customer by e-mail prompted a document confirming payment of services under this Agreement, Customer shall provide the Contractor to the document. Customer is obliged to keep financial documents confirming payment of services. The obligation of proof of payment is on the Customer

6 Payments and Refunds

6.1 Payment of Services under this Agreement shall be effected by 100% prepayment. Customer shall pay the Service Contractor no later than ten (10) of the calendar month preceding the paid holiday. Customer may make payment within 10 (ten) working days from the date of registration at the Contractor for the Service in advance for six months or a year at the option of the Customer.

6.2 Service Fees and payments are specified in the appropriate order form, which is an integral part of the Agreement. Tariff Plans Executor, which are an integral part of the Agreement, listed on the Contractor’s site - http://planet-hosting.net.

The cost of registration and / or transfer of the domain name in the cost of services is not included and paid separately.

6.3 All payments under the Agreement are implemented in conventional units. One conventional unit equals one U.S. dollar.

6.4 The time of execution by Customer of its obligation to pay is the day the money is received, depending on the mode of payment to the account of the Contractor in payment systems WebMoney Transfer or Moneybookers or on account of the Contractor.

6.5 In the event that prepaid services or part thereof not been granted in any period of the Agreement, the Customer prepares and sends to the Contractor bilateral act of violation of conditions of the Agreement. The Act is mandatory to indicate the reasons for which the Customer considers services not provided or rendered incorrectly, with an indication of the time period during which the Customer was unable to take advantage of services caused by the Contractor under the terms of the Agreement with the provision of supporting documents. This Act shall be drafted and sent to the Contractor by email within 2 (two) working days from the end of the month and no later than 5 working days from the end of the month sent a registered letter with notice of the time, which violate the conditions of the Agreement. Contractor shall, within five days of the receipt to sign the Act or refer the Customer motivated refusal by e-mail a scanned version.

In the case of bringing customers to meet the Contractor arguments about the inability to use services of the Contractor, the Contractor returns received from the Customer’s funds, net of payments for services that used the Customer since the conclusion of the Agreement in the manner specified in subsection 5.1.2 Agreement, or compensate for a downtime free period to provide additional services for Customer’s choice, which the latter is obliged to notify in writing the Contractor by e-mail. At the same time to obtain the written notice to the Customer by e-mail (if received from the Customer to satisfy the Act, the Contractor arguments about the inability to use services of the Contractor), Contractor may not return to the Customer’s funds, net of payments for services that used the Customer with the conclusion of the Agreement, and does not compensate for a simple additional free period of the Service.

6.6 In case of need the Customer to obtain the original documents (this Agreement, invoices, etc.) the cost of their transfer from the Contractor to the Customer by Customer. Contractor in the event of receipt of the request for the original document by e-mail from the Customer shall within 7 (seven) calendar days to send him a reply by e-mail containing the cost of the transfer specified in the Customer’s request the document (s), or refusal to send the document (s). Provision of these documents - the right of the Contractor, and not his responsibility. Documents to be forwarded to the Customer the Contractor, when specified in the response letter to the Customer of the availability of this document and transfer the Customer to the account of the Executor of money, an artist and needed to send these documents. The term of delivery of documents is no later than ten working days from the date of receipt of necessary funds for forwarding to the account of the Contractor. Contractor shall not be liable for any loss or failure of the postal organizations engaged for sending documents. Duty on transfer of documents will be performed by the Contractor from the date of sending them by e-mail Customer document confirming the sending of a document via email to the Customer. The amount required to send not hold the Contractor of the previously listed funds as payment for the Services under this Agreement.

6.7 The Contractor reserves the right to unilaterally change these site of the Contractor (http://planet-hosting.net) tariffs provided under this Agreement, Service, and the terms of service. Changes prices Contractor shall notify the Customer by posting it on the web-site Contractor http://planet-hosting.net. In the case of tariffs, payment made earlier on the new tariffs are not recalculated.

6.8 The Customer alone bears responsibility for the accuracy of payments made. If you change the bank details of the Contractor, since the publication of new details on the web-site Contractor http://planet-hosting.net, the Customer alone is responsible for payments made to date requisites.

6.9 In the case of a unilateral withdrawal from the Agreement by Customer, as provided in subsection 5.1.2 of the Agreement, the Contractor received from the Customer funds are returned to the Customer within 14 (fourteen) calendar days from the date of receipt of the Contractor written notification from the Customer to account@planet-hosting.net waiver of the Agreement, after deduction of commissions charged by third parties when returning by the Contractor to the Customer funds to the Customer’s account in payment systems WebMoney Transfer or Moneybookers or the Customer’s current account, depending on the method of payment by the Customer Services Contractor. This amount of money made for the registration and / or renewal of domain name can not be returned to the Customer.

6.10 In the case of a unilateral termination by the Customer, as provided in subsection 5.1.3 Agreement, the amount of unspent funds (received from the Customer the Contractor funds net of payments for services that used the Customer since the conclusion of the Agreement) returned to the Customer, except for the amount of funds contributed for the registration and / or renewal of the domain name.

6.11 The Contractor makes return of funds to the Customer as provided in Section 6.9, Section 6.10 of the Agreement depending on the mode of payment by the Customer Services Contractor, namely: the Customer’s account in payment systems WebMoney Transfer or Moneybookers or on account of the Customer.

6.12 Domain name registration/transfer, domain protection, site builder, setup fees (if apply) are not refundable. Fees will be deducted from all canceled accounts that have activated their web builders prior to the account expiration date, including the first 14 days of service

7 Liability

7.1 The Contractor may:

7.1.1 suspend the provision of Services to the Customer by sending to him the notifications by e-mail in any of the following cases:

• in the case of violation of the repayment period of more than 10 (ten) calendar days;
• in the case of failure to eliminate violations of the Customer, an Contractor in one calendar day from the date of the Contractor to the Customer of the requirement to eliminate violations of any of the paragraphs of section 4 of the Agreement.

7.1.2 extrajudicial unilaterally terminate this Agreement by giving notice by e-mail Customer in any of the following cases:

• in the case of Customer’s breach of obligations for the duration of the payment to the Contractor for a period of more than 14 (fourteen) calendar days from the date when the payment to the Agreement was to be made by the Customer.
• in the case of Customer’s breach of any of the duties prescribed in section 4 of the Agreement.

8 Limitation of Liability

8.1 The Contractor shall not be liable to Customer for delays and disruptions that occur directly or indirectly, for a reason which is beyond the reasonable control of the Contractor.

8.2 The Contractor shall not be responsible for the quality of services needed to provide services, if they organize a third party.

8.3 The Contractor shall not guarantee 100% protection from hacking, as well as for the Service uses software developed by third parties.

8.4 The Contractor does not control the content posted by the Customer on resources available to him under the Agreement, and is not responsible for its authenticity and legality.

8.5 The Customer is solely responsible for entering his login and password to others, and possible unauthorized access to the Customer’s site or hacking.

8.6 The Customer alone is responsible for the content of information transmitted by him via the Internet, for its reliability and validity of its distribution.

8.7 The aggregate liability of the Contractor under this Agreement is limited to reimbursement of the Customer documented losses in an amount not exceeding the amount actually paid by Customer for the provision of services at the time of damage. The Contractor shall not be liable to Customer for any loss of production, business, lost profits, other consequential / indirect damages, regardless of whether it could Contractor anticipate the potential for such damages to the other Party in a particular situation or not.

8.8 The Contractor shall not be liable for nonperformance, improper performance of obligations under this Agreement in the event that such failure or improper performance is due or is due to force majeure, including strikes, wars, revolutions, floods, epidemics and natural disasters natural nature (earthquake, flood, hurricane, etc.), decisions of higher state bodies (the prohibition of imports or exports, foreign exchange restrictions, etc.), adopted by the State of prohibitive or restrictive measures, and so on/ On the occurrence of force majeure Contractor must notify by e-mail Customer not later than one working day from the date when it becomes impossible to perform or perhaps only the improper performance of the conditions of the Agreement.

9 The policy of protecting confidential information.

9.1 The Parties hereby confirm that under the Agreement of each of the Parties to the Agreement may be transferred to confidential information, the opposite party of the Agreement.

Each Party of the Agreement shall, if it receives from the other Party of confidential information:

a) maintain the confidentiality of this information and take all necessary measures to protect it, at least with the same care with which it protects its own confidential information;

b) use the information only for purposes specified in the Agreement and will never use it for any other purposes without the prior written permission of the Party whose confidential information is;

c) not to transmit this information to third parties without the prior written permission of the transferring Party, except in cases where this information:

• was or becomes generally known from a source other than the Party that owns the confidential information;
• was or was publicly available in connection with the receipt of confidential information Party;
• Has been lawfully known to the party before its receipt from the opposite side;
• must be disclosed to authorized entities (state, tax and other authorities) has received confidential information by the Party in accordance with the laws of United Kingdom, Germany and any other legislation;
• disclosure of confidential information is need to the Contractor to perform services under the Agreement and / or to register a domain name at the Contractor of his Customers’ orders.

9.2 The fact of the disclosure of confidential information in connection with the Agreement or transfer of material carriers containing confidential information shall not constitute a transfer of confidential information by the receiving party of any rights, including, without limitation, relating to trade secrets or copyrights possessing confidential hand information on confidential information.

9.3 Each of the Parties of the Agreement, the transferring confidential information to the opposite side of the Agreement:

• must indicate on the confidentiality of this information;
• represents and warrants that it has the legal right and authority to transfer any Confidential Information of the opposite Party of the Agreement.

9.4 Validity of section 9 of the Agreement - 5 (five) years from the date of acceptance the conditions of the Agreement by the Customer in the manner set forth in Article 1 of the Agreement at any time providing the Services under the Agreement - depending on which of the dates will be later.

9.5 The burden of proving that the disclosure of confidential information in breach of the Agreement rests with the injured party to the Agreement. Responsibility for disclosure of confidential information is limited to the size of the documented losses.