Public Offer Agreement

This document is the equivalent of an oral agreement, accepted payment for services or registration on the site. Please read the text of the public contract before you start registration or ordering services on our website:

This Public offer shall be addressed to all individuals and legal entities, hereinafter referred to as the "Customer" that includes but is not limited to Customers of the UltaHost and other entities who are using the services of UltaHost, services such as digital data hosting, virtual and dedicated servers lease, as well as other types of services, hereinafter referred to as the "Services" provided by acting on the basis of Statute. This offer complies with the applicable privacy laws including but not limited to, the California Consumer Privacy Act (CCPA), the General Data Protection Regulation (GDPR) of the European Union, and the Personal Data Protection Act (PDPA) of Singapore, In providing its services, the UltaHost acknowledges and agrees to comply with various international consumer laws, including but not limited to the laws of the United States of America, Singapore, the European Union, and India. the public offer shall be considered accepted when registering a Subscriber on UltaHost's website https://ultahost.com/. 

TERMS AND DEFINITIONS

• "UltaHost" refers to the web-based data hosting Company identified in this agreement.
• "Customer" refers to any individual or entity who enters into a contractual agreement with UltaHost for the provision of data hosting services.
• "Services" refers to the web-based data hosting services provided by UltaHost, including storage, backup, retrieval, and management of digital data.
• the Hosting – a service providing hardware and software complex for placing data on the server; 
• "Account" refers to the unique user account created by the Customer upon registration with UltaHost's platform, which enables access to the Services.
• "User" refers to any individual authorized by the Customer to access and utilize the Services under the Customer's Account.
• "Data" refers to any digital information, files, documents, or content uploaded, stored, or processed through the Services by the Customer or User.
• “Profile” refers to a set of information about the Customer, which is provided by him/her, and contains the information necessary for his/her identification, authorization, and accounting; 
• “Control panel” refers to the web interface and software interface (API), through which the Customer manages domains, profiles, websites, and mailboxes, as well as where it's possible to view information about the payment and period of Services. Access to the Services Control panel is provided via authentication.
• “DNS” Server refers to the application designed to respond to DNS queries for the corresponding Protocol, and change domain names into IP addresses.
• “СDN” refers to a geographically separated network infrastructure, which increases the speed of downloading Internet data at points where this network is; 
• “Virtual Private Cloud (VPC)” refers to the separated server, the cost of which includes a specific resource; 
• "Platform" refers to the web-based interface, software, and infrastructure provided by UltaHost for the utilization of the Services.
• "Usage Data" refers to the information collected by the UltaHost about the Customer's and User's interactions with the Services, including but not limited to log files, IP addresses, device information, and browsing activity.
• "Confidential Information" refers to any non-public, proprietary, or sensitive information disclosed by either party to the other, whether in written, verbal, or electronic form and marked as confidential or reasonably understood to be confidential.
• "Intellectual Property" refers to all patents, trademarks, copyrights, trade secrets, and any other proprietary rights owned by UltaHost or its licensors in connection with the Services or the Platform.
• "Force Majeure" refers to any event or circumstance beyond the reasonable control of the affected party, including but not limited to acts of God, natural disasters, strikes, riots, wars, governmental actions, or Internet outages.
• "Term" refers to the duration of the contractual agreement between the Customer and UltaHost, starting from the effective date of the contract.
• "Termination" refers to the conclusion or cancellation of the contractual agreement between the Customer and the UltaHost before the expiration of the Term.
• Cost of services (tariff) refers to the payment, the amount of which is set by the UltaHost for the provision of a certain amount of services to the Customer for access to the service. 
• "Data Backup and Recovery" refers to the process of creating duplicate copies of Data and implementing mechanisms to restore the Data in case of accidental loss, deletion, or corruption.
• "Data Security" refers to the practices, procedures, and measures employed by the UltaHost to protect the Data from unauthorized access, disclosure, alteration, or destruction.

"Acceptable Use Policy (AUP)" refers to the guidelines and restrictions set forth by the UltaHost regarding the proper and lawful use of the Services and the Platform.

GENERAL PROVISIONS

• The subject of this Contract shall be the provision of a service or range of services: 
• project support; 
• virtual private server (VPS); 
• virtual dedicated server (VDS); 
• cloud hosting;
• mac hosting; 
• radio hosting;
• game server hosting;
• domain names;
• SSL certificates:
• windows hosting; 
• separated server; 
• technical support; 
• additional advisory and technical services
• The first step to receive services is to register on the website of the UltaHost, the Customer should go to the appropriate section in which it's needed to enter the email address, full name and password, to the email of the Customer it is sent an activation link to confirm the correctness of entered data. After clicking on the activation link, the Customer gets access to the use of the site. The Service shall be provided on a paid or free basis at the Customer's choice by providing access to the service, and the selected tariff.
• The Customer who has registered on the site can get a trial period of the service if it is provided by the selected tariff plan. The provision of the test period shall not limit the Customer's right to receive paid services. 
• The term of this Contract shall not be limited. Either Party may terminate it in the manner provided for in this Contract. 
• All changes and additions to this Contract shall be published on the UltaHost's website. 
• All terms of this Contract shall be binding on both the Customer and the UltaHost. Before using the Service, the Customer shall be obliged to read the terms of this Contract. 
• In case of disagreement of the Customer with the changes made by the UltaHost to this Contract or with the new tariffs for the Service, the Customer must stop using the service, notifying the UltaHost.

TITLES AND OBLIGATIONS OF THE PARTIES

• Customer Obligations:
  • Payment: The Customer shall make timely payment of all fees and charges
    associated with the hosting services as specified by UltaHost.
  • Compliance: The Customer shall comply with all applicable laws, regulations,
    and industry standards related to the use, storage, and transmission of  
    data through UltaHost's hosting services.
  • Accuracy and Legality of Data: The Customer warrants that all data uploaded,
    stored, or transmitted through UltaHost's servers is accurate, legal, and does not
    infringe upon any intellectual property rights or violate any third-party rights.
  • Prohibited Content: The Customer shall not upload, store, or transmit any content that is illegal, harmful, defamatory, obscene, or infringing upon the rights of others. The Customer shall also refrain from engaging in any activities that may disrupt or compromise the security, stability, or performance of UltaHost's servers.
  • Cooperation: The Customer shall cooperate with UltaHost by promptly providing any necessary information, materials, or access required to facilitate the provision of hosting services and to resolve any technical issues or concerns.
• UltaHost Obligations:
  • Service Provision: UltaHost shall provide the hosting services in a professional and competent manner, using reasonable skill and care. The UltaHost shall make reasonable efforts to ensure the availability, reliability, and security of its servers.
  • Security Measures: UltaHost shall implement appropriate security measures to protect Customer data from unauthorized access, use, or disclosure. This includes but is not limited to the use of firewalls, encryption, and regular security audits.
  • Technical Support: UltaHost shall provide technical support to the Customer 24/7 through various communication channels, such as email, live chat, or a dedicated support ticket system. The UltaHost will make reasonable efforts to promptly address and resolve any technical issues or concerns raised by the Customer.
  • Data Backup: UltaHost shall regularly perform data backups to safeguard against potential data loss. In the event of data loss, UltaHost will make reasonable efforts to restore the lost data from the latest available backup.
• Joint Obligations:
  • Confidentiality: Both Parties shall maintain the confidentiality of any proprietary, sensitive, or confidential information disclosed during the term of this agreement. This includes, but is not limited to, trade secrets, business strategies, customer data, and technical specifications. The Parties shall not disclose such information to any third party without the prior written consent of the disclosing Party, unless required by law.
  • Cooperation: The Parties shall cooperate in good faith and work collaboratively to address any issues, resolve disputes, and optimize the performance of the hosting services. This includes sharing relevant information, promptly responding to inquiries or requests, and actively participating in troubleshooting processes when necessary.
• Limitation of Liability:
• The Parties acknowledge and agree that UltaHost's liability for any claims, damages, or losses arising out of or in connection with this agreement shall be limited as specified in the "Limitation of Liability" clause of the Contract.
• Governing Law and Jurisdiction:
  • This agreement shall be governed by and construed in accordance with the laws of the United States of America. Any disputes arising out of or in connection with this agreement shall be subject to the exclusive jurisdiction of the courts located in United States of America.
• The UltaHost has the right: 
• to terminate the provision of paid services since the expiration of their grant, and to terminate, limit, change the provision of services in the case of the following conditions: 
• timely non-payment within 1 month; 
• provision by the Customer of inaccurate or incorrect personal data or failure to provide such data at the UltaHost's request;
• the lack of response of the Customer on the UltaHost's request on the verification of the Customer within 24 (twenty-four) hours of receipt of such request from the Customer;
• using the services for carrying out illegal activities or activities that create obstacles to provide services to other customers.
• at the request of law enforcement agencies, copyright holders or other complainants; 
• In case of identification of processes or actions that can harm the work of projects or the integrity of the Customer's data
• to change the order of services and their cost without renegotiation of this Contract by publishing changes on the website for 15 calendar days prior to their implementation. 
• In case of increased (excess) needs of the Customer to the hardware and other resources provided within the ordered service -the UltaHost reserves the right to offer the Customer a transition to another tariff plan; 
• The Customer has the right: 
  • to require from the UltaHost to provide Services in accordance with the terms of this UltaHost. 
  • to receive information from the UltaHost about the services and additional paid services. 
  • to get advice and assistance from experts if necessary. 
  • to contact the UltaHost with complaints and suggestions to improve the quality of services.
• This agreement shall be governed by and construed in accordance with the laws of the United States of America. Any disputes arising out of or in connection with this agreement shall be subject to the exclusive jurisdiction of the courts located in United States of America.

COST OF SERVICES AND ORDER OF THEIR PAYMENT

• Cost of Services:
  • Fees and Charges: The Customer agrees to pay UltaHost the fees and charges associated with the selected hosting services as specified in the pricing and billing terms provided by UltaHost. The fees may include but are not limited to recurring subscription fees, setup fees, data transfer fees, and any additional services requested by the Customer.
  • Price Modifications: UltaHost reserves the right to modify its pricing structure and fees upon providing the Customer with reasonable notice, which may be in the form of an email notification or an update on the UltaHost website. Any price modifications will only apply to future billing cycles, and the Customer will have the option to terminate the services if they do not agree to the modified pricing.
• Payment Terms:
  • Payment Schedule: The Customer shall make payments to UltaHost according to the agreed-upon billing cycle, which may be monthly, quarterly, annually, or as otherwise specified. The initial payment is due upon the activation of the hosting services, and subsequent payments are due on the agreed-upon due dates.
  • Payment Methods: UltaHost accepts various payment methods, including credit cards, debit cards, electronic funds transfer, and other payment options specified by UltaHost. The Customer shall ensure that the provided payment information is accurate, valid, and up to date.
  • Late Payments: In the event of late payment, UltaHost will not charge the Customer interest or penalties on the outstanding amount. Furthermore, UltaHost reserves the right to suspend or terminate the hosting services if payment is not received within a specified grace period.
• Taxes:
  • The Customer is responsible for all applicable taxes, duties, and similar charges imposed by any governmental authority arising from or related to the services provided under this agreement. The Customer shall pay such taxes in addition to the fees and charges specified by UltaHost.

• Order of Payment:
  • Priority of Payments: Any payments made by the Customer shall be applied first towards the outstanding amounts that are past due, including any accrued interest or penalties, and then towards the current fees and charges for the hosting services.
  • Suspension for Non-Payment: If the Customer fails to make the required payment within the specified grace period, UltaHost reserves the right to suspend or restrict access to the hosting services until payment is received in full. The UltaHost shall have no liability for any damages or losses resulting from such suspension or restriction.
• Payment for services shall be carried out by the Customer on the service in the appropriate section of the Control Panel, through any secure payment service by transferring funds to the Bank account of the UltaHost, or the UltaHost that receives and services payments of the UltaHost, another legal method of calculation that satisfies both parties. 

FORCE MAJEURE

• Definition: Force Majeure refers to any event or circumstance beyond the reasonable control of UltaHost or the Customer, which makes the performance of obligations under this agreement impracticable or impossible.
• Force Majeure Event: The Parties acknowledge that Force Majeure events may include, but are not limited to, acts of God, natural disasters, war, terrorism, riots, strikes, labor disputes, government actions, power outages, network or server failures, internet disruptions, epidemics, pandemics, or any other unforeseen or unavoidable events.
• Notice and Effects of Force Majeure:
  • Notice: In the event that either Party is unable to perform its obligations due to a Force Majeure event, that Party shall promptly notify the other Party in writing, 7 days from the date of occurrence of such circumstances providing details of the event and its anticipated impact on the performance of the agreement.
  • Mitigation: The Party affected by the Force Majeure event shall take reasonable steps to mitigate the effects of the event and resume the performance of its obligations as soon as practicable.
  • Extension of Time: The occurrence of a Force Majeure event shall extend the time for the affected Party's performance of its obligations under this agreement by a period reasonably necessary to overcome the impact of the Force Majeure event. However, the affected Party shall not be excused from its obligations entirely unless the Force Majeure event significantly and permanently prevents the performance of those obligations.
• Allocation of Risk: Neither Party shall be held liable for any failure or delay in the performance of its obligations to the extent that such failure or delay is due to a Force Majeure event. However, the Party affected by the Force Majeure event shall make reasonable efforts to resume the performance of its obligations once the event is resolved.
• Termination: If a Force Majeure event continues for an extended period, typically exceeding 30 days from the date of the notice, either Party may terminate this agreement by providing written notice to the other Party. In such a case, the Parties shall settle any outstanding obligations or fees based on the services provided prior to the Force Majeure event.
• No Breach: The occurrence of a Force Majeure event shall not constitute a breach of this agreement, and neither Party shall be entitled to claim damages, indemnification, or other remedies for any losses or damages incurred as a result of the event.
• Notice of Resumption: Once the Force Majeure event has ended and the affected Party is able to resume the performance of its obligations, that Party shall promptly notify the other Party in writing.

RESPONSIBILITY OF PARTIES

• The UltaHost shall not guarantee absolute uninterrupted or error-free Services and shall not guarantee that the offered software or any other materials do not contain system errors. The UltaHost shall make all reasonable efforts and measures to prevent this.
• The UltaHost shall not be liable for direct or indirect damage caused to the Customer as a result of the use or inability to use the Services or incurred as a result of errors, failures, unavailability of the Services, DDoS and other attacks on the Server or in the network of the Customer or the Customer, deletion of files, defects, delays in operation or data transfer, or changes in functions and other causes. 
• The UltaHost shall perform only technical functions and not acquire any rights to the relevant domain names and websites and shall not be responsible for the placement of any materials by the Customer on its hosting. 
• All disputes arising out of or related to this Contract shall be settled by the pre-defined and agreed upon dispute resolution terms between the Parties.
• The Customer shall be fully responsible for the preservation of his/her password and for any losses that may arise due to unauthorized use of it. 

THE TERM OF THE CONTRACT, THE PROCEDURE FOR ITS AMENDMENT, AND TERMINATION

• Term of the Contract:
  • Initial Term: This agreement shall commence on the date of acceptance by the Customer and shall continue for an initial term as specified in the service agreement or order confirmation.
  • Renewal: Upon the expiration of the initial term, this agreement shall automatically renew for successive renewal periods of the same duration (each a "Renewal Term") unless the customer provides written notice of non-renewal to the other Party at least 15 days prior to the end of the then-current term.
• Procedure for Amendment:
  • Amendment Process: Any amendments or modifications to this agreement shall be agreed upon in writing by both Parties. Such amendments may include changes to the scope of services, fees, or other relevant terms and conditions.
  • Notice of Amendment: Any proposed amendments shall be communicated in writing to the customer, specifying the nature of the proposed amendment, its effective date. Both Parties shall act in good faith and promptly review and respond to proposed amendments.
• Termination:
  • Termination for Convenience: The UltaHost may terminate this agreement without cause by providing written notice to the customer within the notice period specified in the service agreement or order confirmation. The termination shall be effective upon the expiration of the notice period.
  • Termination for Cause: The UltaHost may terminate this agreement immediately, without prior notice, in the event of a material breach by the customer, including but not limited to non-payment, violation of applicable laws or regulations, or violation of the terms and conditions outlined in this agreement or in the terms and service agreement of the UltaHost.
  • Termination for Insolvency: The UltaHost may terminate this agreement immediately, without prior notice, in the event that the customer becomes insolvent, files for bankruptcy, or is unable to meet its financial obligations.
  • Consequences of Termination: Upon termination of this agreement, the Customer shall cease using the hosting services, and UltaHost shall have no further obligation to provide the services. The Customer shall settle any outstanding fees or charges incurred up to the effective date of termination. Any provisions that, by their nature, should survive termination, including but not limited to confidentiality, indemnification, and limitation of liability, shall remain in effect.

SEVERABILITY:

• If any provision of these terms and service agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be deemed to be replaced by a valid and enforceable provision that achieves the same economic and practical effect as the original provision, to the extent possible under applicable law.
• Any waiver or failure to enforce any provision of these terms and service agreement shall not be deemed a waiver of any other provision or right, and shall not affect the validity or enforceability of the remaining provisions or rights.
• These terms and service agreements shall be governed by and construed in accordance with the laws of the United States of America. Any disputes arising under or related to these terms and service agreements shall be resolved exclusively in the courts of the United States of America.

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