Hosting Rent - Deltahost Terms of Service

Terms of Service

Deltahost LLC (DeltaHost) offers You to enter into a service agreement by accepting the Terms of Services. They are set below and always available via the link — https://deltahost.com/tos.html.

Terms of Services (the Terms)

By using, ordering or paying for any of services offered by DeltaHost or on the website https://deltahost.com You (i) accept the Terms in gull and without any additional conditions; (ii) agree to be bound with the Terms; and (iii) represent and warrant that You have the right, authority and capacity to enter into legally binding contracts.

Please, it’s important – read the Terms carefully before using, ordering, or paying for any services offered on the website https://deltahost.com. For Your convenience we structured the Terms. Click the link below to see the appropriate part of the Terms.

  1. All headings are for convenience only, please, read the Terms in whole
  2. Ask before ordering services or giving the consent
  3. We enter into a new agreement every month, sometimes at a new price
  4. We do not provide services to debtors and not always can restore their data
  5. You have 48 hours to test a service
  6. And the same 48 hours to change Your mind
  7. If a new Period for a service has not started, You can cancel it
  8. Mutual respect is an essential term
  9. We do not store any illegal content, and do not assist violators
  10. If You breach these Terms, You lose money paid and access to services
  11. We do not store data of debtors and do not make backup copies for VPS and dedicated servers
  12. We are liable only for what expressly provided by the Terms, and in limited amount
  13. Contact and notify us through the control panel and e-mail
  14. You represent and warrant that You are at least 18 years old and have full legal capacity
  15. We do not disclose Your data, except provided by law
  16. If smth is not covered by the Terms, apply the laws of Ukraine; you may sue to Ukrainian courts only
  17. Other provisions & information on DeltaHost

 

  1. All headings are for convenience only, please, read the Terms in whole

By clicking on “I agree the Terms of Service” checkbox, and/or appropriate button on this website, or by giving Your express consent for the Terms, You accept these Terms and enter into the service agreement according to them.

All headings in these Terms are for convenience only. If the body text of the Terms differs from the headings, the body text prevails. Please, read the Terms in whole.

  1. Ask before ordering services or giving the consent

If You disagree with these Terms or don’t understand them, please, don’t use, order, or pay for the services of DeltaHost. We can explain You the Terms and answer all Your questions. To ask or clarify something regarding the Terms write to [email protected].

  1. We enter into a new agreement every month, sometimes at a new price

By ordering any service You agree to enter into a service agreement according to the Terms, and at a price specified in a description of such service on the website https://deltahost.com. If DeltaHost by any reason can’t provide You any service, or enter with You into an agreement, DeltaHost will inform You about this before the expected period of service provision begins, via e-mail that You specified in the order.

DeltaHost offers services on monthly bases, unless otherwise provided by the description of the certain service on the website https://deltahost.com. For example, DeltaHost provides domain name services for a year. You consume any service of DeltaHost at the moment when the period of its provision begins (the beginning of a month, a year, or any other period). You can’t reverse or cancel a consumed service, and refund for this service cannot be performed, unless otherwise provided by these Terms You have 48 hours to test a service. This is due to the fact that providing You with services DeltaHost provides You for a certain time period (the Period) with some resources of limited amount (computing capacity, hard disks storage capacity, amount of hardware, IP-addresses, software licenses, unique domain names etc.).

After DeltaHost notifies You about the acceptance of Your order for the services for the specified period, the price for these services will be changeless. DeltaHost determines the Terms and prices for its services on the website https://deltahost.com and may amend these Terms, or change prices for new Periods. In case of such changes, DeltaHost will send You a notice for minimum 10 days prior to the beginning of the new Period. If the new price for new Periods is unacceptable for You, do not enter into the service agreement with DeltaHost for the new Period. If You order a service at the changed price, You accept such changed price.

DeltaHost prices services in USD. Ukrainian residents pay for services of DeltaHost in UAH according to the internal exchange rate. The rate is specified in control panel — https://cp.deltahost.com.

  1. We do not provide services to debtors and not always can restore their data

If You order new services or services for a new Period having a debt to DeltaHost, DeltaHost may in its own discretion not to handle Your order and refuse to provide services to You, unless You pay in full discharge and the necessary payments for services You order.

Should You have a debt for the services provided, DeltaHost may, at any moment and without any prior notice, terminate Your access to such services. In this regard, the data stored due to such services will be removed. Be careful, You can lose all data if there are no back-ups!

To renew access to services or to order them for a new Period, You shall pay the whole debt (from the end of the last paid Period up to the moment Your was access terminated).

In case Your data were removed, DeltaHost, may try to restore it based on a separate agreement and at extra charge, provided that it is technically possible. Thus, DeltaHost does not provide You with services from the moment Your access terminated till it is restored. DeltaHost does not charge payments for this period.

If You ordered some related services, termination of Your access to one of them may affect other services or even make them useless. You can prevent such situation and suited by all necessary tools to control it. Therefore, any refund cannot be performed. As soon as You pay the whole debt, DeltaHost will render to You every possible assistance to make all the related services available again.

  1. You have 48 hours to test a service

You have 48 hours from the moment the service provided to notify DeltaHost about defects of the service if any. DeltaHost will correct such defects for free. If DeltaHost is not able to do it in reasonable time, DeltaHost will notify You about, refund in full for such service and tender an apology. The agreement for this service will be considered as terminated from the moment of such notification.

If during these 48 hours You do not notify about defects, they are considered as unessential and which have no effect on quality and utility of the service. In such case, You are not entitled for any refunds or reimbursements.

  1. And the same 48 hours to change Your mind

If You order a certain service from DeltaHost for the first time and during 48 hours from the moment the service provided You understand, that it does not fit Your needs, You may cancel such service. The request must contain reasons why the service does not fit Your needs. Within 7 days as DeltaHost receives Your request, DeltaHost:

  • considers the request;
  • if the request complies with these Terms, confirms termination of the agreement (the agreement is considered as terminated from the moment DeltaHost send You notification about its confirmation); and
  • if DeltaHost deems it necessary, at its own discretion, may initiate refund to You, except commission fees and expansions for the setup of such service.

The setup fee of a service is specified in the description of such service on the website https://deltahost.com. Unless otherwise provided by the description, the setup fee for VPS service for the purposes of this section of the Terms is 5 USD, and for dedicated server service — 15 USD.

To make a refund DeltaHost may request Your documents for identification or identify You in other way. DeltaHost shall not be liable for the nonperformance of the refund if You refused to be identified.

  1. If a new Period for a service has not started, You can cancel it

If You ordered a service for new Periods and give DeltaHost enough permission, DeltaHost automatically will take the payment for the service at the beginning of the relevant Period. You consume each service at the moment when relevant Period begins. You can’t reverse a consumed service, and refund for this service cannot be performed, unless otherwise expressly provided by these Terms 48 hours to change Your mind.

You may cancel services paid in advance, but not later than one day (24 hours) prior to the beginning of relevant Period. To cancel a service, You can send a notification or change the settings of auto prolongation in the list of services on the control panel of the website https://deltahost.com. The payment will not be taken, if You notified DeltaHost timely and according to this section of the Terms and section 13 (Contact with us and notify through the control panel and e-mail).

If You paid for the Period yourself and such Period has not begun, You may cancel services prepaid not later than one day (24 hours) prior to the beginning of the relevant Period. In such case DeltaHost initiates a refund of the payment in full, except commission fees. Payment for the service provided and consumed is not refundable, even if You send notification in the same day the Period begins.

To make a refund DeltaHost may request Your documents for identification or identify You in other way. DeltaHost is not liable for the failure of the refund if You refused to be identified.

If the payer (or for his/her benefit a bank, an acquirer or any other organization) requests a chargeback for services You ordered, DeltaHost may, without any notice, terminate Your access to these and all other services, and limit access to Your account on the website https://deltahost.com. In such event, the data stored due to such services will be removed. Be careful, You can lose all data if there are no back-ups! In case Your data were removed, DeltaHost, may try to restore it based on a separate agreement and at extra charge, provided that it is technically possible.

  1. Mutual respect is important

We (DeltaHost) treat our clients with respect and appreciate their choice. However, we also respect ourselves and expect an equal respect from You in return. If Deltahost feels that You are being disrespectful to Deltahost (for example, You will abuse any staff member), DeltaHost is entitled to terminate the agreement with You. In such event, DeltaHost will give You 7 days to move to a new services provider. After these 7 days ended, DeltaHost may, without any prior notice, terminate Your access to services, and limit access to Your account on the website https://deltahost.com. If so, the data stored due to such services will be removed. Be careful, You can lose all data if there are no back-ups! In case Your data were removed, DeltaHost, may try to restore it based on a separate agreement and at extra charge, provided that it is technically possible.

If the agreement is terminated in such way, any refund cannot be performed. Please, be reminded that You consume every service provided by DeltaHost at the moment the relevant Period begins.

  1. We do not store any illegal content, and do not assist violators

To use services of DeltaHost Your activity must comply with applicable law. Also, services of DeltaHost must not be used to carry out activities prohibited in this section of the Terms. Any breach of these rules is material.

Any and all content or data uploaded to servers and any hardware of DeltaHost are subject to the Terms.

Never try to attack servers of DeltaHost and/or clients of DeltaHost; to change or bypass any hardware limitations or configurations of servers of DeltaHost and/or its clients, including attempts to use services or hardware of DeltaHost without any payments.

You agree not to use directly or indirectly services provided by DeltaHost for (the following is forbidden):

  • infringement of intellectual property rights, for example, unauthorized use of a trademark, copying of music, books, photos etc.;
  • sending spam and/or sending e-mails from more than one IP-address;
  • performance of any acts, that resulted, could have resulted or can result in putting IP-address(-es) on the SBL, the RBL or other blacklists;
  • bypassing hardware limitations, set by DeltaHost; for example, to prevent spam sending, all the services are limited to use only one IP-address for every server, with which You can send e-mails; there are no limitations for inbox;
  • assistance to, performance or propagation of any actions with drugs, pirated or unlawfully used software, counterfeit or fake goods;
  • assistance to, performance or propagation of violence or any other unlawful actions;
  • assistance to, performance or propagation of port scanning, IT-system breaches, hacker attacks and other unauthorized actions that can affect computing facilities, telecommunication networks, or information stored or transferred with them;
  • websites with obscene or any other “adult” content (or websites and businesses which users can consider as described);
  • committing or assistance to fraud, and to other actions which can reasonably considered as similar to fraud or as misleading users.
  1. If You breach these Terms, You lose money paid and access to services

Should You breach these Terms, DeltaHost entitles to, at its own discretion, perform one or few of measures listed below:

  • notify You about the breach committed and require to stop it and not committing it again;
  • limit access to services or their scope;
  • unilaterally terminate all service agreements with You without any prior notices, terminate Your access to services, and remove data stored due such services provided. Be careful, You can lose all data if there are no back-ups! In case Your data were removed, DeltaHost, may try to restore it based on a separate agreement and at extra charge, provided that it is technically possible.

If a service agreement is terminated by DeltaHost as a result of Your breach of the Terms, You lose all rights granted with these Terms, including rights to any refunds and reimbursements. DeltaHost also does not refund advance payments for new Periods of services and collects such payments as a fine for the breach. Such termination of the agreement does not release You from obligation to pay to DeltaHost all debts arisen before the termination.

If a service agreement is terminated by DeltaHost as a result of Your breach of the Terms, You also lose the right (you are forbidden) to enter into new service agreements with DeltaHost and use the website https://deltahost.com. If You register on the website in breach of this prohibition and make any payments, DeltaHost has the right not to refund or reimburse such payments.

If You want to renew our partnership after breach of these Terms, You can discuss it with DeltaHost. It is possible we will make You an offer under special terms and conditions (for example, with the condition to compensate our time taken to find a win-win solution taking into account risks arisen from Your breach).

Consequences of payments delay as violation of the Terms are described via the link We do not provide services to debtors and not always can restore their data.

  1. We do not store data of debtors and do not make backup copies for VPS and dedicated servers

You are solely and fully responsible for making backup copies timely and their storage by other providers or on other devices. DeltaHost does not make backup copies for VPS and dedicated servers. Preservation of Your data is always Your responsibility only.

Even if DeltaHost undertook obligation to guarantee preservation of data or made certain backup copies, DeltaHost is not obliged and shall not be liable for storage of data after Periods for services You ordered have ended or if a debt have arisen. Although it means extra loses for us, we will do our best to store Your data for some time after the end of the paid service Period. However, such storage is not an obligation of DeltaHost. Consequences of payments delay for Your data are described via the link We do not provide services to debtors and not always can restore their data.

In case Your data were removed or lost, DeltaHost, may try to restore it based on a separate agreement and at extra charge, provided that it is technically possible.

  1. We are liable only for what expressly provided by the Terms, and in limited amount

DeltaHost makes all reasonable efforts to provide services of good quality, that match with characteristics defined in the order and to correct all defects timely. DeltaHost cannot promise that all always be beyond reproach, but we are doing our best. Thus, DeltaHost directly or indirectly does not provide any guarantees. We do not guarantee our services to meet Your needs and fit for Your purposes.

DeltaHost in no event shall not be liable for any indirect, incidental, special or consequential damages, or damages for lost profits, caused or may be caused, including as a result of data lose, delay in services provision or correction of defects, any problems with access to services. This disclaimer covers also incidents when DeltaHost was informed or had to be informed about such damages be possible.

If a court or any other authorized body rule DeltaHost to pay for any damages mentioned in this section of the Terms, You agree DeltaHost to pay damages to the extent of payments actually paid by You for one Period of the respective service. If You suffered few types of damages, it does not affect the extent of the reimbursement stipulated in this paragraph of the Terms.

All communications with any third party providers are solely between you and the individual provider. DeltaHost is not the agent, representative, trustee or fiduciary of You or the third party provider in any relation. DeltaHost in any event shall not be liable for any decisions or actions of third parties.

  1. Contact and notify us through the control panel and e-mail

Send all notices, requests or any other communications to DeltaHost via the control panel https://cp.deltahost.com. If there is no form for Your communications, or something is wrong with it, You can write to [email protected]

If You send DeltaHost any communication in another way then described by the Terms, DeltaHost is entitled to ignore it. Such communication is considered as unsent. You are solely and fully liable for non-properly or untimely send communication as well as for non-sending it.

If there is no information or no documents required according to the Terms in communication, it is considered as unsent up to the moment You correct such defects.

  1. You represent and warrant that You are at least 18 years old and have full legal capacity

Services of DeltaHost are available only to, and may only be used by individuals who have full legal capacity and ability to form legally binding contracts under applicable law. If You are under 18 years old or have diminished capacity for some other reasons, You cannot use services of DeltaHost and enter into agreements with DeltaHost. If it turns out that You accepted these Terms while being not fully capable, DeltaHost is entitled to immediately stop providing You with any services and take all fees paid by You (or in Your favor) as compensation for all expenses suffered and all work done. If You are not fully capable and need services of DeltaHost, You can ask a parent (an adoptive parent) or a legal guardian to help You. If You are incapable or Your capacity is diminished, DeltaHost is entitled to unilaterally terminate a service agreement with You.

  1. We do not disclose Your data, except provided by law

DeltaHost will never disclose to any third parties Your data, uploaded through the website https://deltahost.com or to hardware of DeltaHost while using services, unless such disclosure is required by applicable law or expressly allowed by these Terms. However, if there is relevant court order or request of state authorities, DeltaHost would disclose your data without Your prior consent or any notices. DeltaHost assists the lawful actions of law enforcement.

If it turns out that Your actions may violate the law or contain signs of violation, including against DeltaHost (for example, fraud, hacking), DeltaHost is entitled to disclose Your data and other necessary information to state authorities for purposes of investigation.

  1. If smth is not covered by the Terms, apply the laws of Ukraine;
    you may sue to Ukrainian courts only

Any relations between DeltaHost and You regarding services provision shall be governed by laws of Ukraine. If You order or buy services of DeltaHost from any intermediaries (resellers), You can use such services only after You accept these Terms. The United Nations Convention on Contracts for the International Sale of Goods is not applicable to service agreements concluded on these Terms.

Any dispute, controversy or claim arising out of or relating to service agreements on these Terms, including the conclusion, interpretation, execution, breach, termination or invalidity thereof, as well as any other disputes between You and DeltaHost, shall be settled by courts of Ukraine in accordance with Ukrainian jurisdiction rules except any conflicts of laws.

  1. Other provisions & information on DeltaHost

References, other documents and written agreements

By using, ordering or paying for any of services offered by DeltaHost and/or on the website https://deltahost.com You, in full and without any additional conditions, accept the Terms and enter into the service agreement under the Terms. Such agreement contains also documents and data incorporated herein by reference thereto. It constitutes the entire and complete agreement between You and DeltaHost.

Such agreement supersedes all prior agreements, discussions, or representations regarding the subject of the agreement. However, if You and DeltaHost have signed a written agreement regarding the same issues as the Terms governs, such written agreement prevails.

Our content is a part of the services, You prohibited to use it otherwise

Besides content You upload by yourself, all content, available to You due to use of services of DeltaHost, including designs, text, graphics, images, video, software, audio, any other files and information, all software used to provide such services (DeltaHost Content), are intellectual or other property of DeltaHost and its licensors.

DeltaHost Content cannot be modified, copied, distributed, reproduced, republished, downloaded, scraped, displayed, transmitted, sold or used for any purpose in any form or by any means, in whole or in part, except as expressly allowed by these Terms. You shall not, directly or indirectly, conduct reverse engineering, decompile, disassemble or otherwise attempt to derive source code or other confidential information of DeltaHost.

Partnership programs

DeltaHost may offer You participation in partnership programs for acquisition of clients. For example, You can post on Your web-page the code for advertisement of DeltaHost’s services. Partnership programs are governed by special agreements. Though, use of the partnership programs for other purposes than fair advertisement of DeltaHost’s services is a violation of these Terms.

For example, attempts of any manipulations to disguise some DeltaHost’s clients as acquired due to Your efforts are not considered as fair actions and are a material breach of these Terms.

Information about DeltaHost

The provider of services offered on the website https://deltahost.com is Limited Liability Company “Deltahost”, identification code 41934713, with its office at 01001, Kyiv, M. Hrushevskogo Str., 10, office 212, e-mail — [email protected].

The provider for part of services offered in the Netherlands on the website https://deltahost.com is DLTH B.V., Keizersgracht 391A 1016 EJ Amsterdam, KVK 76082466, BTW NL860501188B01 e-mail — [email protected].

Please be aware, that other comanies and entrepreneurs also provide their services under trademark DELTAHOST (reg.certificate №163690). Besides, LLC “Deltahost”, via the website https://deltahost.com, offers services provided by the third parties or with the involvement of the third parties also.

No licenses are required for DeltaHost’s services. All prices on the website https://deltahost.com do not include VAT, all other Ukrainian taxes are included.


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