(Integral part of the General Terms and Conditions of Tublat Ltd)
Preamble
This supplement (“Hosting and Domain Supplement”) forms an integral and
substantial part of the General Terms and Conditions of Tublat Ltd, published
at https://tublat.com/legal/general-conditions (the “General Terms
and Conditions”).
It specifically governs the terms for the provision, use and management of
shared web hosting services, as well as the registration, transfer, renewal and
management of domain names provided by Tublat Ltd (hereinafter the “Company”).
For all matters not expressly regulated by this Supplement, full reference is
made to the General Terms and Conditions.
1 Object
1.1. This Supplement governs the following services:
• Shared Web Hosting, including server space, e-mail management, network
resources and ancillary services;
• Registration, renewal, transfer and management of internet domain names in
compliance with the rules of the respective Registry, Registrar and ICANN
policies;
• Ancillary services including domain privacy, security, DNS, SSL certificates
and malware scans.
1.2. The Services are provided by Tublat Ltd on an “as
is” and “as available” basis, without guarantee of continuous availability,
except as expressly set forth in the General Terms and Conditions.
2 Definitions
For the purposes of this Supplement:
• Registrant: the entity (natural or legal
person) holding the legal and contractual rights to a domain name.
• Registry: the entity managing the database
of top-level domains (TLDs) and coordinating national and international
registries.
• Registrar: the operator accredited by a
Registry or ICANN authorized to register and manage domain names.
• ICANN: Internet Corporation for Assigned
Names and Numbers, the entity regulating the procedures for managing gTLD
domains.
• TLD / gTLD / ccTLD: Top Level Domain,
generic or geographic.
• WHOIS: public database containing
information related to domain ownership.
• RGP (Redemption Grace Period): period during
which an expired domain may be reactivated subject to payment of additional
fees.
• Malware: any harmful software or code
intended to compromise system security or integrity.
• Services: hosting, registration, transfer
and management services of domain names provided by Tublat Ltd.
3 Registration, renewal and transfer of domains
3.1. Order and Registrant data
The Client must clearly indicate the desired domain name upon ordering and must
provide complete, accurate and up-to-date Registrant data.
The Client undertakes to keep such information updated and to notify any
changes within seven (7) days.
3.2. Responsibility for information provided
Tublat Ltd reserves the right to suspend, delete or not renew domains if the
information provided is false, incomplete or not updated.
3.3. Acceptance of registration
The registration of the domain is subject to acceptance by the competent
Registry or Registrar. Tublat Ltd does not guarantee the actual availability of
the requested domain until registration is completed.
3.4. Domain transfers
Transfer-in and transfer-out procedures are governed by ICANN rules and
individual Registry policies.
The transfer may be subject to a 60 (sixty) day lock following a change of
ownership or registration.
3.5. RGP and deletion
Once expired, the domain may enter the Redemption Grace Period (RGP), during
which it may be reactivated upon payment of an extra fee. After such period,
the domain shall be deleted and may be registered by third parties.
3.6. Change of Registrant
Any change to Registrant data (name, organization or e-mail) shall follow
ICANN’s Change of Registrant procedure. For 60 days following the change, the
domain may not be transferred to another Registrar.
4 Duration, expiration and renewal
4.1. Domains have a duration equal to the period
established when ordering (12, 24 or 36 months).
4.2. The Client is responsible for renewing the domain
before expiration. If not renewed, associated services (hosting, e-mail, DNS)
will be deactivated.
4.3. During expiration or RGP, Tublat Ltd may publish
on the domain a courtesy or advertising page, with no right to any compensation
by the Client.
4.4. In case of non-renewal, Tublat Ltd may, at its
discretion:
a) renew the domain in its own name, retaining ownership until any repurchase
by the Client against reimbursement of incurred costs;
b) renew it while keeping the Client as Registrant but disabling active
services;
c) delete it from the relevant registry.
4.5. Automatic renewal and grace period
Renewal fees are deemed automatically renewed year by year unless cancelled by
the Client at least 45 (forty-five) days prior to the expiration date via the
Client Area or registered mail to the legal address of Tublat Ltd.
In the event of non-payment of the renewal fee, Tublat Ltd shall grant a grace
period of 30 (thirty) days from the invoice due date. After such period,
without payment, the Company may proceed with the definitive cancellation of
the domain, hosting and associated data, without the Client being entitled to
any claim or compensation.
4.6. In the event of monthly billing, the contract
shall remain binding for 12 (twelve) months.
In case of early termination by the Client for reasons not attributable to
Tublat Ltd, the Client shall pay the remaining fees until expiration as well as
the liquidated damages provided under Clause 10.6 of the General Terms and
Conditions of Tublat Ltd, equal to 20% of the value of the Contract.
The Parties expressly acknowledge that such amount represents a genuine and
reasonable pre-estimate of losses that Tublat Ltd may incur as a result of
early termination and does not constitute a penalty under English law.
5 Web Hosting Services
5.1. Activation
The service is activated within 24 (twenty-four) hours from receipt of payment,
except for technical impediments or force majeure.
5.2. Technical specifications
The service includes space on a shared server, control panel, FTP access,
databases and network resources.
5.3. Limits and resources
The Client must comply with the space, bandwidth and resource limits of their
plan. In case of exceeding, Tublat Ltd may temporarily suspend the service or
propose an upgrade.
5.4. Fair Use Policy – “Unlimited” Shared
Hosting
5.4.1. Where shared hosting plans indicate “unlimited” space and/or bandwidth,
such indication means no additional charges apply within the limits of fair,
proportionate and normal use for standard websites, blogs, landing pages or
typical e-commerce sites.
5.4.2. Fair use includes:
• use of web space solely for operation of websites, related applications and
content published by the Client;
• consumption of resources that does not compromise service stability, security
or continuity for other shared server users.
5.4.3. Improper and therefore prohibited uses include:
a) using space as a personal archive, repository, external backup, file storage
or media storage unrelated to the hosted sites;
b) uploading or storing files not functional to the site (e.g. films, TV
series, ISOs, large compressed archives, bulk media collections, audio/video
intended for sharing);
c) using the service for continuous streaming or mass distribution of
downloadable files.
5.4.4. The following Fair Use threshold applies:
Actual usable disk space up to 100 GB per single account.
The Company reserves the right to request removal of unnecessary files or an
upgrade when such threshold is stably or structurally exceeded.
5.4.5. Network traffic (bandwidth) is considered
unlimited within normal usage limits. As an indicative threshold, consumption
up to 1 TB/month per single shared hosting account is considered within Fair
Use. Significantly higher or repeated consumption will be considered anomalous.
5.4.6. In case fair use thresholds are exceeded or
service stability is jeopardized:
a) the Company will contact the Client via email indicating required measures;
b) failure to comply within a reasonable period (minimum 48 hours) may result
in resource limitation, temporary suspension or— in severe or repeated
cases—termination of the service without refund.
5.5. Prohibited uses
It is prohibited to use hosting space for:
• storage or backup of data unrelated to the site;
• distribution of illegal or copyrighted material;
• mass sending of unsolicited e-mails (spam);
• activities compromising server stability or security.
6 Security, Backup and Support
6.1. System security
Tublat Ltd adopts adequate technical and organizational measures but cannot
guarantee absolute protection from unauthorized access, hardware failures,
software vulnerabilities or force majeure events.
6.2. Client responsibility for backups
The Client is responsible for carrying out periodic backups unless an
additional managed backup plan has been subscribed.
6.3. Limitation of liability regarding data
Tublat Ltd is not liable for losses, alterations or deletion of data due to
external events, incorrect Client configurations or causes not attributable to
the Company.
6.4. Scope of technical support
Support is limited exclusively to technical issues directly related to servers,
domains, DNS, e-mail, web space or service uptime.
Tublat Ltd does not provide support for:
• use or configuration of CMS (e.g. WordPress, Joomla, Prestashop etc.);
• removal of malware, spam or vulnerabilities from Client websites;
• issues related to third-party plugins, themes or scripts;
• modifications, restorations or updates to Client code, content or databases.
Dedicated maintenance and security services are available separately.
6.5. Standard server configuration
All Tublat Ltd servers include Let’s Encrypt SSL certificates and the following
software, licenses and security systems:
• OS: AlmaLinux
• Caching and optimisation: Redis, Memcached
• Control panel: cPanel & WHM
• Web server: LiteSpeed Enterprise
• Resource management & account isolation: CloudLinux
• Security & antivirus: Imunify360
• Backup & restore: JetBackup
• Auto-installer & builder: Softaculous, SitePad
• Reseller management: WHMReseller
• Advanced security & monitoring:
o ConfigServer Exploit Scanner (CXS)
o KernelCare+
o ConfigServer Monitor & Spam Monitor (OSM)
o MailScanner
Additional software or customization is provided only
upon written request and prior approval, at the Client’s cost.
7 Malware and Network Security
7.1. Tublat Ltd may, at its discretion, carry out
malware scans to protect system integrity.
7.2. The Client undertakes to:
• keep their website free from harmful software;
• regularly update CMS, plugins and scripts;
• cooperate in removing detected threats.
7.3. Tublat Ltd does not guarantee full detection or
removal of malware and is not liable for damages caused by malicious software.
8 Domain Privacy Service
8.1. The optional WHOIS Privacy service allows
personal Registrant data to be concealed from the public database.
8.2. The Client remains the lawful domain owner and responsible for its use.
8.3. Tublat Ltd may suspend or revoke the service in case of:
• orders by judicial or administrative authorities;
• third-party complaints;
• violations of law or ICANN policy.
8.4. In case of suspension, Registrant data may become public with no right to
refund.
9 Client obligations
The Client undertakes to:
• protect their access credentials;
• use the Services lawfully and in compliance with the General Terms;
• not host unlawful content or content contrary to public order;
• not compromise server stability or security.
10 Liability and limitations
10.1. Tublat Ltd is not liable for:
• malfunctions due to force majeure;
• data loss or service interruptions;
• indirect or consequential damages (loss of profits, reputation or data).
10.2. The Client is responsible for content published
and activities carried out using its domains and services.
10.3. The Client shall indemnify Tublat Ltd from
damages, costs or claims arising from improper use of the Services or violation
of third-party rights.
11 Domain disputes
11.1. Disputes concerning domain ownership or use
shall be resolved under ICANN’s Uniform Domain Name Dispute Resolution Policy
(UDRP) and Uniform Rapid Suspension (URS).
11.2. For ccTLD domains, the dispute policies of the respective national
Registries shall apply.
12 Third-party providers and white-label services
12.1. Tublat Ltd may rely on third-party providers,
including Registrar, Registry, hosting providers, data centers, SSL issuers,
DNS or security platforms, including on a white-label basis.
12.2. The Client acknowledges that Tublat Ltd is not liable for malfunctions,
suspensions or interruptions caused by such external providers.
12.3. No refunds or compensation shall be due in such cases. The Company will
act as intermediary where possible.
12.4. The Client shall not hold Tublat Ltd liable for damages or data loss
attributable to third parties.
13 Confidentiality and data protection
13.1. Confidentiality obligation
Both Parties shall not disclose confidential technical or commercial
information, including infrastructure, system or server data.
13.2. Duration
The confidentiality obligation shall survive termination for at least five (5)
years and indefinitely for sensitive information.
13.3. Processing of personal data
Processing is governed by the following documents, which form part of this
contract:
• Privacy Policy
• Cookie Policy
• Data
Processing Agreement (DPA)
13.4. Roles
Tublat Ltd may act as:
• Processor, for technical or operational data
processed within services;
• Controller, for billing, client management
and system security data.
The Client remains Controller for personal
data collected through its own sites or e-mails.
14 Provision of the Service “as is”
14.1. Service “as is”
Tublat Ltd provides the Service “as is” and “as available”, without guarantee
that systems or configurations are error-free.
14.2. No additional warranties
No guarantee of compatibility with all software, CMS, plugins or external
applications. Custom work requires separate quotation.
14.3. Limitation of liability
Malfunctions due to OS updates, obsolete scripts, third-party plugins or Client
modifications do not constitute default.
15 Governing law and jurisdiction
15.1. Governing law
This Annex is governed by English law, pursuant to Clause 20.6 of the General
Terms and Conditions.
15.2. Jurisdiction
Exclusive jurisdiction shall lie with the Courts of London (United Kingdom).
