This document defines the legal relationship between the owner of X-CLUSIVE™, “Zaharov Maksym Dmytrovych” (hereinafter the “Contractor”), and any legal entity or individual (hereinafter the “Subscriber”) who accepts its terms.
Preamble This agreement is a public offer under Article 633 of the Civil Code of Ukraine and becomes legally binding from the moment the Subscriber accepts its terms. Acceptance means payment for services or registration of the Subscriber on the Contractor’s website https://xcloudpro.com/.
Areas of responsibility 1. Tariff prices may be changed at any time, but for current Subscribers the new price takes effect from the 1st day of the following month. 1.1. The Contractor is responsible for the proper operation of servers and network connectivity. 1.2. The Subscriber is responsible for independently resolving issues related to operating systems and software.
Subscriber rights and obligations 2. If problems arise with rented resources, the Subscriber must notify Support; otherwise the issue is considered unreported. 2.1. The Subscriber may install on servers only legal software that complies with the laws of Ukraine. 2.2. The Subscriber receives access to the Contractor’s services within the limits defined by this agreement and bears full responsibility for using those services. 2.3. The Subscriber may install any own software or operating system provided that it is legal, does not infringe copyright, related or intellectual property rights, and does not violate the laws of Ukraine. 2.4. The Subscriber must monitor and moderate the content, software, and information materials placed on the Contractor’s resources and ensure their compliance with the laws of Ukraine. 2.5. The Subscriber may use the hosting for any purpose that is not prohibited by the laws of Ukraine. 2.6. The Subscriber must comply with all applicable laws of Ukraine during the entire period of using the Contractor’s resources. 2.7. All correspondence with the Contractor must remain fully confidential. Distribution of correspondence, tickets, or other non-public information is prohibited. 2.8. The Subscriber must preserve the Contractor’s business reputation. Actions that may harm the Contractor’s reputation or lead to attacks against the Contractor are prohibited. 2.9. The Subscriber must keep confidential any data of the Contractor that could lead to attacks against the Contractor or damage its business reputation. It is prohibited to distribute materials and data about the Contractor’s infrastructure, networks, vulnerabilities, access credentials, or other non-public information.
Contractor rights and obligations 3. The Contractor undertakes to provide the rented resources within 24 hours after payment is received. 3.1. If the Contractor fails to provide the rented resources within 24 hours after payment is received, the Subscriber has the right to request a refund or compensation in the form of extending the rental period for an agreed term. 3.2. The Contractor guarantees an SLA (service availability) of 95% unless affected by external factors, including DDoS attacks. 3.3. The Contractor is not liable for hacking attacks, data leaks, or other cases of data damage or reputational harm to the Subscriber if such cases occurred through the Subscriber’s fault. 3.4. The Contractor does not review content provided by the Subscriber except where a substantiated complaint is received from a third party. 3.5. The Contractor may suspend the Subscriber’s servers when necessary for technical maintenance, recovery after hacking attacks, natural disasters, or other emergencies. 3.6. The Contractor reserves the right to amend this agreement by notifying Subscribers through publication on the relevant X-CLUSIVE resources.
Support 4. Hosting support is provided on a queue basis. We aim to resolve issues within 24 hours after receiving a request. 4.1. Support is provided daily except weekends during business hours from 14:00 to 20:00. In many cases a response may also be sent at another time. 4.2. If issues arise with the control panel, we also submit a request to ISPmanager support, where assistance is usually provided within 24 hours.
Rules for using X-CLUSIVE™ services It is prohibited to host information or content that violates the laws of Ukraine, phishing software, botnets, DDoS attack tools, pornography, or to send mass spam. Violation of these rules may result in termination of services.
Termination of services The Contractor may suspend services at its sole discretion in the following cases: 5.1. If mass email distribution was detected to users who did not consent to receiving such messages. 5.2. If defamation, distribution of personal information, or infringement of copyright, related, or intellectual property rights by the Subscriber was detected. 5.3. In case of violation of the right to privacy and property, publication of knowingly false information, or defamation. 5.4. If the Subscriber, through their content or software, insults users, incites interethnic, ethnic, or racial hatred, or promotes terrorism, violence, or murder. 5.5. If the Subscriber interferes with the normal and stable operation of servers, network resources, or other resources of the Contractor. 5.6. If the Subscriber refused to update personal data or knowingly provided false information to the Contractor. 5.7. If the Subscriber uses offensive or obscene language when communicating with the Contractor’s staff or spreads defamatory statements about the Contractor.
Payments and refunds 6. Payments may be made by any method available to the customer. 6.1. Refunds are processed within 14 business days to the account from which payment was made. 6.2. Refunds are made with deduction of a UAH 50 fee, banking system commissions, and the cost of used days if the service operated properly. Funds paid for additional services are non-refundable. 6.3. Refunds are not possible if the Subscriber has violated the Terms of Use of the services. 6.4. If the Contractor suffered losses through the Subscriber’s fault due to server or network shutdowns or the Contractor’s IP being added to block lists, the Contractor’s recovery costs are deducted from the refund amount. 6.5. If the Subscriber caused significant damage to the Contractor’s business reputation, the Contractor has the right to retain the Subscriber’s funds.
Appendices to the agreement An integral part of this agreement is its appendices, in particular Appendix No. 1 — the Privacy policy, which governs the processing of Subscribers’ personal data.