Terms of Service
Public offer for the use of Internet Services
FIRSTBYTE Hosting Company, hereinafter referred to as the “Company”, offers virtual hosting services, domain registration, virtual and dedicated server rentals, as well as related services to any legal entity or individual, hereinafter referred to as the “Client” on the terms of this Offer:
In accordance with The Law, the unconditional acceptance (acceptance) of the terms of this Agreement – the public Offer (hereinafter referred to as the “Offer”) is considered payment by the Client for the Company’s services. The fact of receipt of the Client’s payment is considered to be the transfer of funds to the Company’s settlement account, provided that the Company receives from the bank serving the Company supporting payment documents identifying the payment.
This contract does not require signing in writing, except in cases when the Client expresses a desire to receive its printed version.
If the Client expresses a desire to receive a printed version of the contract, as well as other printed documents, the Client independently takes them to the address of the Company specified in Section 11 of this Offer.
The electronic document management service for legal entities is provided free of charge. Copies of payment and accounting documents are provided through your personal account for free. Reconciliation reports are provided free of charge on request through your personal account. The cost of related services is deducted from the account balance after sending the documents.
1. Responsibilities of the Company
1.1. The operation of server equipment, data center is the responsibility of the Company.
1.2. The operation of the operating system, any software installed on the virtual server is the responsibility of the Client.
2. Payment order
2.1. The company provides services on a prepaid basis. For testing services, tariffs with daily write-off of funds are provided. Information about tariffs and test services is published on the official website of the Company.
2.2. Payment by individuals is made only through electronic payments, through the payment system specified on the official website of the Company. Payment by legal entities is made either by electronic payments, through the payment system specified on the official website of the Company or by bank transfer to the Company’s settlement account specified in Section 11 of this Offer.
2.3. If funds are transferred to the Company’s settlement account to legal entities, they are credited to the Client’s virtual account in the personal account within 5 (five) working days after receipt to the Company’s settlement account.
2.4. The number of calendar days corresponding to this month is accepted for the monthly payment period of the VPS.
2.5. Payment for VPS is made in rubles based on the current tariffs published on the official website of the Company.
2.6. The commission of intermediaries and payment systems may be added to the payment.
2.7. If there are no funds on the Client’s virtual account in the personal account sufficient to pay for the next period, the Company suspends the provision of services. The terms and stages of blocking services are published on the official website of the Company.
2.8. After the suspension of the provision of services, the VPS image is stored for 3 (three) calendar days. After this period, all Client data is deleted and data recovery is not possible.
2.9. The VPS is unblocked if the full payment is received, within 24 (Twenty-four) hours. In case of payment to the Company’s settlement account, the Client is recommended to write a letter (application) about the payment to the Company’s email address.
3.1. The Client has the right to return the balance of funds paid by direct bank transfer, which remained on his virtual account for unused services, on the basis of a letter (application) received by the Company from the Client, provided that there are no active services on the account and there are no violations of the rules for using the services.
3.2. The refund is made after 30 (thirty) business days by bank transfer, or otherwise at the discretion of the Company.
3.3. For a refund, it is necessary to write and submit to the company’s office the original of a reasoned letter (application) indicating all registration data, a scanned copy of the passport and the reasons for refusal of services. Temporary technical aspects of the operation of virtual servers within the framework of the rules for the provision of services are not grounds for a refund.
3.4. The cost of installing control panels, fees for IP addresses and DNS service, domain names, administration and other services are not refunded – refunds are possible only for the main service – VPS server.
3.5. A refund will be refused in case of a clear violation of the terms of service described in this Agreement and its annexes.
3.6. If, due to the fault of the Client, the company has suffered losses (disconnection of servers, networks, IP getting into the blacklist, network disruption, spam mailings, etc.), no refund is made.
3.7. Refund of funds of payment aggregators can be made only if no write-offs have been made from this payment and the payment amount exceeds 1000 rubles. The refund fee can be up to 15% and is deducted from the refund amount.
3.8. Refunds are not made for services ordered by promotions or when using promo codes.
3.9. Unspent advance payments are returned only if the Company is unable to provide Services. The company undertakes to maintain the unspent balance of the client for 5 years.
4. Rights and obligations of the Client
4.1. The Client is granted root access (unless otherwise agreed) to the server and the Client bears all related responsibility.
4.2. The Client has the right to install and use any software on his VPS, if it is legal and does not violate copyright and related rights, as well as the norms of the current legislation of the Law.
4.3. The Client is obliged to monitor the compliance of all posted materials, the software used, the content posted on the server, and be responsible for its compliance with the norms of the current legislation of the Laws on copyright and related rights, as well as other norms of the current legislation of the Law.
4.4. The Client has the right to use his server for any purpose, except for purposes contrary to the legislation of the Law, the law on copyright and related rights, as well as ethical and moral standards.
4.5. All questions related to the performance of the Client’s server are accepted only by e-mail to the Company specified in the details of this Offer. When applying, it is mandatory to specify all the necessary registration data.
4.6. In case of blocking of the virtual dedicated server of the Client on complaint and/or as a result of other reasons 1 (one) and more than 1 (One) times a month (network scan, outgoing and incoming DDOS) – the Contractor withholds a fine from the Client in the amount of 1000 rubles. In case of a shortage of the amount of funds held on the Client’s personal account to withhold a fine, the Contractor withholds a fine in the amount of funds available on the Client’s personal account, while in order to unlock access, the Client must pay an additional amount that does not reach 1000 rubles, otherwise access is not granted.
4.7. If the Client fails to take action on the received complaint, the Company reserves the right to block the Client without additional notice.
4.8. The Client is obliged to provide, upon request of the Company, complete and correct registration data and supporting documents.
5. Rights and obligations of the Company
5.1. The Company’s services are provided “as is”, the Company reserves the right to revise the rules for the provision of services, including pricing policy and tariff characteristics at any time, without prior notice and unilaterally, the new rules come into effect at the time of their publication on the official website of the Company.
5.2. The company undertakes to maintain the proper quality of host machines, eliminate all malfunctions as soon as possible.
5.3. The company does not guarantee 100% uptime of the network, host machines.
5.4. All scheduled technical work, updates, etc. are carried out from 01.00 am to 08.00 am UTC time, except for force majeure situations and unscheduled work.
5.5. The Company is not responsible for unintentional disclosure of confidential and other other information, as well as cases of fraud by third parties, intentional obstruction of the Company’s services and damage to the Company’s equipment, theft and damage to the Client’s information.
5.6. The Company is not responsible for the inability to access the services due to the fault of third parties (including, but not limited to: Internet service providers).
5.7. The Company reserves the right to stop the Client’s services and servers for: Scheduled maintenance, due to DDOS or other network attacks, as a result of natural disasters and other force majeure circumstances.
5.8. The Company reserves the right to demand payment of additional payments, in addition to those indicated on the website (clause 2.5. of this Offer), including for operations related to unblocking the Client’s servers/IP addresses blocked due to the Client’s fault.
5.9. The Company provides technical support services to Clients based on the Client’s request through the personal account at the rates published on the official website of the Company (clause 2.5. of this Offer).
5.10. The Company is responsible for the speed of access to the Client’s resources and the availability of the Client’s resources within the data center of the Company’s primary provider.
5.11. The Company reserves the right to block the servers of the Company’s Clients at its discretion, in the absence of a timely response to complaints, as well as in cases of increased load on the network and other infrastructure of the Company.
5.12. The Company is not responsible for the operation of third-party software on the Company’s servers, including software purchased from the Company.
5.13. The Company reserves the right to withdraw additional IP addresses unused by the Client, as well as in the case of using IP addresses for other purposes specified in the application for receipt. Payment for the installation and use of IP is not refundable.
5.14. The initial preparation time of the VPS can be up to 24 (Twenty-four) hours.
5.15. The company reserves the right to transfer the client to the KVM VDS Business series tariffs with dedicated cores, with a significant load of CPU resources.
5.16 The Company reserves the right to identify the client and verify the provided data with an identity document. In case of refusal on the part of the Client, the provision of services may be suspended. The client’s balance will be saved until the identification is completed.
6. Prohibited content and software
6.1. It is forbidden to place adult content (pornography), including links to it, and advertisements containing pornographic scenes on VPS.
6.2. It is forbidden to post information, software that contradicts and / or is prohibited by the legislation by the Law, laws on copyright and related rights, as well as violating generally accepted norms of morality and ethics.
6.3. It is forbidden to place software for submitting messages, botnets, grabbing, phishing, and other purposes that are clearly contrary to legal work on the Internet.
6.4. The implementation of mass mailings is prohibited, except in cases authorized by the Company itself.
6.5. It is prohibited to host torrent clients, download clients, file storage, file sharing services, stream projects, video and photo repositories, and other resources with high traffic consumption on VPS and virtual hosting. Instagram Facebook, Google, Instagram, VK, etc.) is prohibited from using proxy services with symmetric traffic for mass (non-personal) use, including for creating markups on the Internet.
6.6. It is forbidden to place torrent trackers on VPS (clients are allowed), other p2p tools and file sharing tools.
6.6. It is prohibited to place open proxy, open VPN, and other public services (including those with paid or private access) that can serve as auxiliary means for illegal actions on the Internet.
6.7. It is forbidden to place network scanners, proxy checkers and similar software. In case of exceeding the maximum monthly traffic, the port can be limited to 10 megabits per second, in case of port overload, namely, the creation of a long large incoming or outgoing traffic, in which the monthly traffic limit can be exhausted in less than a day or abnormal traffic (ddos, scan, flood, brutforce, parcer), the port can be limited to 10 megabits per second. The client is notified of the restriction by means of the ticket system. After eliminating the cause of abnormal traffic and notifying about it through the ticket system, restrictions can be lifted.
6.8. It is prohibited to place miners, video/audio converters, archivers and other software that create a prolonged increased load on the central processor (CPU). In case of a significant (namely, more than 60% of any core) and constant (according to average statistics for 1 full hour of time) excess of CPU usage, the company reserves the right to transfer this virtual server to a Business Tariff, or temporarily limit the priority of CPU usage. Before transferring the server to the Business series tariffs, the client is notified at least 2 hours in advance by means of the ticket system. Also, in case of a significant excess, the number of virtual machine cores may be lowered to the Client. The client is aware that for a significant load of CPU resources, it is necessary to use KVM VDS Business series tariffs with dedicated cores, as well as dedicated servers.
7. Termination of the provision of services at the initiative of the Company
7.1. The Company reserves the right to terminate the provision of services at its sole discretion, immediately and without notice in the event of:
7.1.1. Unauthorized distribution or copying of copyrighted software, violation of the laws, other international norms and agreements, export restrictions, fraud, circulation of pornographic materials, drugs and other illegal activities; offers to sell or collect bulk email addresses;
7.1.2. Bulk mailings, to which users did not give explicit consent – SPAM;
7.1.3. Frequent use of non-existent return mail addresses, mailbombing, SPAM on forums, guest books, other online communities;
7.1.4. Defamation, dissemination of personal information, violation of copyright and related rights, intellectual property rights;
7.1.5. Adult content, in all its manifestations, including links to other pornographic sites;
7.1.6. Violations of privacy and property rights; posting slanderous and offensive information, complicity, incitement to ethnic hatred, murder, terrorism, violence in any form;
7.1.7. The Company disclaims responsibility for decisions regarding the Client, in case of violation of copyright and related rights without clear evidence (notarized documents, court decisions) on the content (text and graphics, as well as video and any other non-software) sites / servers;
7.1.8. Obstruction of the normal and stable operation of servers, network resources, the general operation of the Company;
7.1.9. Indication of deliberately false data of the Client or refusal to confirm it;
7.1.10. Incorrect communication with employees of the Company, including the use of profanity, dissemination of slanderous information about the Company;
7.2. The Company also reserves the right to transfer information about the Client in the event of an official request from law enforcement agencies.
8. The company is not responsible
8.1. For the choice by the Client of the operating system, software and the consequences that this may entail.
8.2. For any types of direct and indirect damage, loss of information, business reputation and other damages.
8.3. The Company does not check the Client’s VPS content and does not have access to it. The exception is cases of receipt of a reasoned complaint from a third party.
8.4 The company is not responsible for the safety of customer data in case of technical failures associated with the failure of server equipment. The client is provided with free file storage to create periodic data backups.
9. Service Level Guarantee
9.1. The company guarantees the availability of virtual hosting servers at the level of 99% per month.
9.2. In case of violation of paragraph 9.1. of this Offer, every full day (24 hours) of downtime of the host machine with the Client’s VPS hosted on it is compensated to the Client in double the amount.
9.3. Compensation cannot exceed one, average for the last 12 months, monthly payment of the Client.
9.4. Compensation is accrued only in the form of additional days of service and cannot be paid in monetary terms.
9.5 Compensation is accrued on the basis of an application (letter) of the Client sent to the Company’s email address (section 11 of this Offer).
9.6 Compensation in case of loss of the Client’s data due to a technical failure of the equipment is 1 calendar month. Compensation is charged for the corresponding service.
10. E-mail informing
10.1. Registration of the Client’s personal account means the Client’s automatic consent to receive informational e-mail messages, including with offers of the Company’s services.
10.2. Refusal to receive notifications is possible only in case of complete closure of the Client’s account.
10.3. The Company disclaims any responsibility for non-receipt by the Client of important informational messages via e-mail messages.
11. Company details:
Services for legal entities are carried out by: