Hosting Agreement

1. Terms and definitions

1.1. Website means a collection of interconnected web pages combined under one domain name or IP address and belonging to a private individual or organization.

1.2. Browser means software for viewing websites, that is, for requesting web pages (primarily from the Web), processing and displaying them, and navigating from one page to another. It is a client application.

1.3. Hosting means a service that provides resources for placing information on a server that is permanently connected to a network (usually the Internet).

1.4. Domain name (domain) means a unique combination of characters by which a website can be identified on the Internet or a local area network.

1.5. Web server means a server that interacts with a client using an HTTP request.

1.6. Client means a hardware or software component of a computing system that sends requests to a server.

1.7. Billing period means the period defined by the start and end dates of the service. (UNIX hosting is 1 year; cloud hosting is 30 calendar days.)

1.8. DMCA (Digital Millennium Copyright Act) means a law supplementing U.S. copyright legislation with provisions that take account of modern technical advances in copying and distributing information.

1.9. SLA — Service Level Agreement — means an external document (existing between the customer and the contractor) that describes the parameters of the service provided. “SLA compliance” means that the service operates such that its actual parameters correspond to the metric values stated in the agreement.

2. Subject matter of the agreement

2.1. The “Contractor” undertakes to provide the “Customer” with the hosting services specified in clause 2.3 of the “Agreement” (hereinafter referred to as the “Services”), and the “Customer” undertakes to accept and pay for the “Services.”

2.2. The cost of the “Services” is set forth in the “Tariff Plan” (Appendix No. 1 to the “Agreement”), which constitutes an integral part of the “Agreement.”

2.3. The “Contractor” provides the following “Services”:

- Hosting of the “Customer's” project.

- Server data analytics.

- Project support (all support requests shall be submitted only through the ticketing system at https://cloud.itmsft.com/).

- Configuration and deployment of instances, containers, and other components.

- Security analytics.

- Backups (may be subject to a fee for certain services).

3. Term of the agreement

3.1. The “Agreement” enters into force upon signing and payment of an advance equal to 100% of the cost of the “Service” and remains in force until the end of the billing period specified in Appendix 1 to this Agreement.

4. Rights and obligations of the parties

4.1. The “Customer” undertakes to:

4.1.1. Comply with the hosting rules and the terms of the Agreement specified in Appendix 2 to this Agreement.

4.2. The “Contractor” undertakes to:

4.2.1. Provide the “Services” specified in the “Agreement” within the time limits established by the billing period.

4.2.2. Analyze the operation of the server and private cloud.

4.2.3. Resolve problems that may arise with the hosting or cloud (if a problem is caused by the “Customer,” correction of the problems and errors may be subject to a fee).

4.2.4. Advise the “Customer” regarding infrastructure.

4.2.5. Monitor hosting and cloud security.

4.2.6. Analyze the “Customer's” content and warn of DMCA violations.

4.2.7. Provide control panels for managing the “Services.”

4.3. The “Customer” has the right to:

4.3.1. Place on servers, hosting, or in the cloud any information that does not violate the rules and terms of this Agreement.

4.3.2. Contact the support service.

4.4. The “Contractor” has the right to:

4.4.1. Block access to the “Customer's” resources in the event of non-payment or a violation of the terms of this Agreement or a third party's DMCA rights.

4.4.2. Disregard paid support requests if they have not been paid for.

5. Service provision period

5.1. The start and end dates of the “Services” are displayed in the “Customer's” billing account and in Appendix 1.

5.2. The “Services” may be suspended in the event of non-payment under the billing account or a negative balance. (Even if the primary hosting or cloud services have been paid for, the entire billing account will be blocked if the “Customer” has a negative balance.)

6. Cost of services

6.1. The cost of the “Services” under the “Agreement” is determined by the “Parties” in Appendix No. 1 to the “Agreement,” which constitutes an integral part of the “Agreement.”

6.2. The cost of the “Services” may be changed unilaterally, subject to notice to the “Customer.” Detailed prices for the “Services” are available at https://cloud.itmsft.com/.

7. Procedure for delivery and acceptance of services

7.1. Upon completion of the “Services,” the “Contractor” will retain the “Customer's” information for 30 calendar days. Thereafter, all data will be permanently deleted!

8. Confidential information

8.1. The “Parties” undertake not to disclose and to take measures to protect against unauthorized access by third parties to information relating to the subject matter of the “Agreement,” the project, and the Parties' personal information.

8.2. The “Parties” have agreed to treat the following information as confidential:

List of confidential information.

• Personal data of the Parties;
• Financial data of the Parties;
• Contact details of the Parties;
• Data placed on the “Contractor's” servers and infrastructure;
• Private correspondence and telephone conversations.

In this regard, the “Parties” undertake to take the necessary measures to protect confidential information and not to disclose it to third parties without the prior written consent of the other “Party.” The confidentiality conditions applicable to this information shall remain in force throughout the term of the “Agreement” and for 100 (one hundred) years after the end of the contractual relationship under the “Agreement.”

8.3. The “Parties'” obligations concerning confidentiality and non-disclosure under the “Agreement” shall not apply to publicly available information.

8.4. If either “Party” discloses confidential information, it shall compensate the other “Party” for the resulting losses, including any actual damage or lost profits.

8.5. Confidential information may be transferred by either “Party” to public authorities on the grounds and in accordance with the procedure established by law, with immediate notice thereof to the other “Party.”

9. Liability of the parties

9.1. The “Parties” shall be liable for failure to perform or improper performance of their obligations under the “Agreement” in accordance with the laws of Ukraine and the United States.

9.2. A penalty under the “Agreement” shall be paid only on the basis of a substantiated written demand by the “Parties.”

9.3. Payment of a penalty shall not release the “Parties” from performing the obligations stipulated by the “Agreement.”

10. Grounds and procedure for terminating the agreement

10.1. The “Agreement” may be terminated by agreement of the “Parties” or unilaterally upon the written demand of either “Party” on the grounds stipulated by the “Agreement” and applicable law.

10.2. Unilateral termination of the “Agreement” shall take place only upon a written demand by the “Parties,” within 14 calendar days from the date on which a “Party” receives such demand.

11. Resolution of disputes arising from the agreement

11.1. The claims procedure for the pre-trial settlement of disputes arising from the “Agreement” is not mandatory for the “Parties.”

11.2. Letters of claim shall be delivered by the “Parties” by courier or registered mail with acknowledgment of receipt to the addressee at the location of the “Parties” specified in clause 16 of the “Agreement.”

11.3. The “Parties” may send letters of claim by other means, namely to an email address. Such letters of claim shall have legal effect if the “Parties” receive their originals by the method specified in clause 9.2 of the “Agreement.”

11.4. The period for reviewing a letter of claim is 14 business days from the date it is received by the addressee.

12.5. Disputes arising from the “Agreement” shall be resolved in court in accordance with applicable law.

12. Force majeure

12.1. The “Parties” shall be released from liability for full or partial failure to perform their obligations under the “Agreement” if such failure results from force majeure, namely fire, flood, earthquake, strike, war, actions of public authorities, or other circumstances beyond the control of the “Parties.”

12.2. A “Party” that is unable to perform its obligations under the “Agreement” shall give the other “Party” timely written notice, but no later than 7 calendar days after the occurrence of the force majeure circumstances, and provide supporting documents issued by the competent authorities.

12.3. The “Parties” acknowledge that the insolvency of the “Parties” does not constitute a force majeure circumstance.

13. Miscellaneous

13.1. The “Parties” have no related oral arrangements. The text of the “Agreement” fully reflects the actual intent of the “Parties.”

13.2. All correspondence concerning the subject matter of the “Agreement” that preceded its execution shall lose legal effect as of the date the “Agreement” is executed.

13.3. The “Parties” acknowledge that if any provision of the “Agreement” becomes invalid during its term as a result of a change in legislation, the remaining provisions of the “Agreement” shall remain binding on the “Parties” throughout the term of the “Agreement.”

13.4. The “Agreement” is executed in 2 (two) original counterparts in Russian, one for each of the “Parties.”

Hosting and cloud rules

1. Independently monitor the billing period of the service provided, pay for its renewal in a timely manner, or notify the Contractor in advance that the Customer does not wish to renew it.

2. Pay for the Services in a timely manner and in full in accordance with the selected tariff plan. The Customer shall pay for the Contractor's Services only on behalf of the person specified during registration in the contact or billing information. The Customer undertakes to independently review information about the service terms and tariffs on the Contractor's website — https://cloud.itmsft.com/;

3. Comply with the Rules for Receiving Telecommunications Services, including, but not limited to, the following:

• not take any actions aimed at restricting or obstructing other Customers' access to the Services, and not attempt to gain unauthorized access to the Contractor's resources or other systems accessible via the Internet;

• NOT distribute via the Internet any information that violates the requirements of the laws of Ukraine and the United States or the rules of international law;

• not publish or transmit any information or software containing computer viruses or other equivalent components;

• not take any actions aimed at sending, publishing, transmitting, reproducing, providing, or otherwise using information, software, or other materials obtained in whole or in part through the Services (unless permitted by the owner of such information, software, or other product), provided that there is a written request from the owner of such information restricting the listed actions;

• not send unsolicited electronic messages of a commercial or other nature that have not been agreed with their recipient in advance (in the absence of a request), including in the event of a violation of the Network Usage Standards adopted by the working group of the Open Forum of Internet Service Providers, where the recipient of such distribution has submitted a written complaint;

• not publish or transmit via the Internet any information that violates applicable Ukrainian, U.S., or international law. In particular, this concerns:

Information calling for:

- the overthrow of the constitutional order;

- violation of the territorial integrity of Ukraine;

- propaganda for war;

- incitement of racial, national, religious, or gender hostility;

- the commission of terrorist acts.

Information containing the following elements that violate, in particular, the Law of Ukraine “On the Protection of Public Morality” dated November 20, 2003:

- cruelty;

- violence;

- pornography;

- products of an erotic nature;

- cynicism;

- humiliation of human honor and dignity.

Pornography means a vulgar-naturalistic, cynical, obscene depiction of sexual acts, the self-serving, deliberate display of genitalia, scenes of sexual intercourse, sexual perversions, or drawings from life that fail to meet moral standards, offend human honor and dignity, and arouse base instincts.

Pornographic products mean any tangible objects, items, printed, audio, or video products, including advertising, messages and materials, products of mass media and electronic mass media, whose content is a detailed depiction of anatomical or physiological details of sexual acts or which contains information of a pornographic nature.

• it is prohibited to publish or transmit via the Internet information of a pornographic or erotic nature that, in the Contractor's opinion, borders on pornography;

• not host or run PROXY, VPN, or tunnels;

• not order or offer spam distribution, including for advertising purposes;

Spam means electronic text and/or multimedia messages not requested in advance by consumers that are sent in bulk, or that do not provide reliable information about the full name and the Customer's or sender's own postal or email address, or whose further receipt the consumer cannot stop by notifying the Customer or sender, except for messages from an operator or provider concerning the provision of services.

• not distribute spam, including for advertising purposes;

• not gain unauthorized access to or cause any damage to the Contractor's resources, Internet users, or users of other networks accessible via the Internet;

• not take any other actions that violate generally accepted standards for using Internet resources or threaten the integrity of the Contractor's network.