MYCLOUD Limited Liability Company, hereinafter referred to as the "Provider", represented by its Director, Kurbanov R.K., acting on the basis of the Charter, publishes this Public Offer (hereinafter, the "Offer"), which constitutes an official proposal to enter into an agreement for the provision of cloud, telecommunications and IT services.
This Offer is addressed to individuals, sole proprietors and legal entities, hereinafter referred to as the "Client".
In accordance with Article 370 of the Civil Code of the Republic of Uzbekistan, acceptance of this Offer constitutes full and unconditional acceptance of all terms and conditions of this Offer.
1. GENERAL PROVISIONS
1.1. This Offer governs the relationship between the Provider and the Client in the provision of the following services:
- VPS/VDS virtual servers;
- dedicated server rental;
- shared (virtual) hosting;
- colocation (placement of the Client's equipment);
- MCDrive cloud data storage;
- MCVMS cloud video surveillance;
- backup services;
- domain name registration and maintenance services;
- SSL certificates;
- network and telecommunications services;
- additional IT services;
- technical support;
- other services posted on the Provider's website.
1.2. Any of the following shall constitute full and unconditional acceptance of this Offer:
- registration of the Client on the Provider's website;
- creation of an Account;
- payment for services;
- use of the Provider's services;
- signing of electronic documents;
- use of the Client Panel;
- other actions confirming the intention to use the Provider's services.
1.3. From the moment of acceptance of the Offer, the Client shall be deemed to have read and agreed to all terms and conditions of this document.
1.4. The current version of the Offer is posted on the Provider's official website.
1.5. The Provider has the right to amend this Offer unilaterally by publishing a new version on the Provider's website. When amending the Offer, the Provider shall notify the Client at least 10 (ten) calendar days before the new version enters into force.
1.6. Continued use of the services after publication of a new version of the Offer constitutes the Client's acceptance of the amendments made.
2. TERMS AND DEFINITIONS
2.1. Provider means MYCLOUD LLC.
2.2. Client means an individual, legal entity or sole proprietor that has accepted this Offer.
2.3. Services means any services provided by the Provider.
2.4. Account means the Client's account in the Provider's systems.
2.5. Client Panel means the software interface for managing services.
2.6. VPS/VDS means a virtual private (dedicated) server.
2.7. Colocation means the service of placing the Client's equipment at the Provider's facility.
2.8. MCDrive means a cloud data storage service.
2.9. MCVMS means a cloud video surveillance service.
2.10. SLA means a service level agreement.
2.11. Tariff means the price and parameters of a specific service.
2.12. Content means any information posted by the Client.
2.13. Spam means mass unsolicited distribution of electronic messages.
2.14. DDoS attack means a distributed attack aimed at disrupting the availability of resources.
2.15. Abuse means a violation of the rules for use of the services, spam, malicious traffic, unlawful activity, or actions posing a threat to the infrastructure.
3. SUBJECT OF THE AGREEMENT
3.1. The Provider undertakes to provide services to the Client in accordance with the selected tariffs and service parameters.
3.2. The Client undertakes to:
- comply with the terms and conditions of this Offer;
- pay for the services in a timely manner;
- comply with the legislation of the Republic of Uzbekistan;
- not use the services for unlawful purposes.
3.3. The specific list of services, their characteristics and prices are determined by the tariffs, invoices, specifications, annexes or data in the Client Panel.
4. REGISTRATION AND ACCOUNT
4.1. To receive the services, the Client shall complete registration.
4.2. The Client shall provide accurate information.
4.3. The Provider has the right to request:
- passport details;
- registration documents;
- powers of attorney;
- proof of address;
- other documents.
4.4. The Provider has the right to suspend the provision of services in the event of:
- provision of inaccurate information;
- failure to provide documents;
- suspected fraud;
- violation of the law.
4.5. The Client is solely responsible for the security of logins, passwords, API keys and other means of access.
4.6. All actions performed through the Client's Account shall be deemed to have been performed by the Client.
4.7. Clicking the "I agree" button in the Client Panel or continuing to use the services shall be deemed the Client's electronic consent.
5. PROCEDURE FOR PROVISION OF SERVICES
5.1. Services are provided around the clock, unless otherwise provided for by the tariff or SLA.
5.2. The service commencement date shall be the later of the following dates:
- the date of service activation;
- the date of receipt of payment.
5.3. The Provider has the right to carry out:
- preventive maintenance;
- emergency recovery works;
- equipment upgrades.
5.4. Where necessary, the Provider has the right to temporarily restrict access to the services.
5.5. The Provider has the right to engage third parties to provide the services.
5.6. The Provider does not guarantee 100% uninterrupted operation of the services. Interruptions may occur due to preventive maintenance, emergencies, DDoS attacks, problems of backbone operators and third-party services.
5.7. The service availability level ensured by the Provider is at least 99.5% per calendar year. The calculation of the availability level for the calendar year does not take into account interruptions caused by scheduled preventive maintenance of which the Client has been notified in advance, by the circumstances specified in clause 5.6 and Section 19 of this Offer, or by the Client's actions, nor any restriction or suspension of the services in the cases provided for by this Offer.
5.8. The Provider has the right to temporarily restrict or block the services without prior notice in the event of a threat to the security of the infrastructure.
5.9. To use the services, the Client must be at least 18 years of age. Persons under 18 years of age may use the services only with the written consent of their parents or legal representatives.
6. VPS/VDS AND DEDICATED SERVERS
6.1. The Provider provides computing resources in accordance with the selected tariff.
6.2. The Client independently performs:
- server administration;
- software installation;
- backup;
- data protection;
- software updates.
6.3. Unless an administration service has been ordered separately, the Provider is not obliged to:
- configure software;
- fix application errors;
- ensure the security of the Client's programs.
6.4. The Provider has the right to restrict the operation of the Client's server in the event of:
- excessive load;
- DDoS attacks;
- distribution of malicious software;
- security breaches;
- use of prohibited software.
6.5. The Client is prohibited from:
- running cryptocurrency mining without written approval;
- performing network scanning;
- password brute-forcing;
- organizing botnets;
- using proxies for unlawful activities;
- mass distribution of spam;
- hosting malicious software.
7. COLOCATION
7.1. The Provider provides services for the placement of the Client's equipment in the Provider's data center.
7.2. The Client's equipment remains the property of the Client.
7.3. The equipment is handed over under an acceptance and transfer certificate.
7.4. The Provider ensures:
- placement of the equipment;
- power supply;
- network connectivity;
- basic physical security;
- access for the Client's authorized representatives.
7.5. The Client shall:
- use certified equipment;
- comply with power consumption limits;
- not create any threat to the data center infrastructure.
7.6. The Provider has the right to disconnect the Client's equipment in the event of:
- a short circuit;
- overload of the power grid;
- a security threat;
- an emergency.
7.7. After termination of the services, the Client shall collect the equipment within 5 business days.
7.8. If the equipment storage period is exceeded, the Provider has the right to charge a storage fee.
8. MCDrive — CLOUD STORAGE
8.1. MCDrive provides the Client with cloud space for storing files.
8.2. The Client is solely responsible for:
- the content of the files;
- the lawfulness of data storage;
- backup;
- granting access to third parties.
8.3. The Provider does not inspect the content of the Client's files, except in cases of:
- requests from competent authorities;
- complaints from third parties;
- detection of violations of the law.
8.4. The Provider has the right to restrict access to data:
- at the request of government authorities;
- in the event of a violation of the law;
- in the event of distribution of malicious software.
8.5. The Client is prohibited from storing:
- malicious software;
- materials infringing copyright;
- prohibited content;
- extremist materials;
- illegal databases.
9. MCVMS — CLOUD VIDEO SURVEILLANCE
9.1. MCVMS provides services for cloud storage of video recordings and remote access to video streams.
9.2. The Client is solely responsible for:
- the lawfulness of video surveillance;
- obtaining the necessary consents;
- compliance with personal data legislation.
9.3. The Provider shall not be liable for:
- the quality of the Client's Internet connection;
- the operability of third-party cameras;
- malfunction of the Client's equipment;
- loss of video recordings due to the Client's actions.
9.4. The Provider has the right to limit archive storage in accordance with the tariff.
9.5. The retention period for video recordings is determined by the tariff plan.
9.6. The Client shall ensure:
- the security of credentials;
- protection of access to the cameras;
- lawful use of the video surveillance system.
10. DOMAINS AND SSL CERTIFICATES
10.1. The Provider may provide domain name registration and SSL certificate services.
10.2. The Client is solely responsible for:
- timely renewal;
- the accuracy of registration data;
- compliance with the registrars' rules.
10.3. The Provider does not guarantee the registration of any specific domain name.
10.4. The Provider shall not be liable for a refusal by the registrar.
11. TECHNICAL SUPPORT
11.1. Technical support is provided through the ticket system in the Client Panel.
11.2. The Provider may use:
- telephone;
- Telegram;
- email;
- other communication channels.
11.3. Response time depends on the category of the request and the workload of the support service.
11.4. The Provider is not obliged to perform free of charge:
- server administration;
- correction of the Client's program code;
- programming training;
- web design work.
11.5. The priority of request handling is determined by the Provider.
11.6. Requests containing:
- insults;
- threats;
- obscene language;
- an incorrect description of the problem,
may be rejected.
12. PRICE OF SERVICES AND PAYMENT PROCEDURE
12.1. The price of the services is determined by the Provider's tariffs. The Provider has the right to change the tariffs with prior notice to the Client.
12.2. The tariffs are published on the Provider's official website. The tariffs specified in the annexes may be changed by the Provider unilaterally.
12.3. The services are provided on a prepayment basis.
12.4. Payment methods:
- bank transfer;
- Payme;
- Click;
- Uzum;
- Rahmat;
- UZCARD;
- HUMO;
- other methods available on the website.
12.5. The Client shall bear bank fees at its own expense.
12.6. In the event of non-payment, the Provider has the right to:
- restrict access;
- suspend the services;
- block the Account.
12.7. If the debt remains outstanding for more than 30 calendar days, the Provider has the right to delete the Account.
12.8. Refunds are made:
- in cases provided for by law;
- by agreement of the parties;
- funds are refunded within 10 business days from the date of the request.
12.9. Refunds are made less:
- the cost of the services rendered;
- bank fees;
- payment system charges;
- other expenses actually incurred.
12.10. Funds are not refunded in the event of:
- a violation of the law by the Client;
- blocking due to abuse;
- a violation of the terms of the Offer;
- deletion of data as a result of the Client's actions.
13. BACKUP
13.1. The Provider may perform data backups.
13.2. The Provider does not guarantee:
- the existence of a backup copy;
- the possibility of recovery;
- the completeness of backup copies.
13.3. The Client shall independently create backup copies of mission-critical data.
14. PROHIBITED USE
14.1. The Client is prohibited from using the services for:
- unlawful activities;
- distribution of malicious software;
- DDoS attacks;
- spam;
- phishing;
- fraud;
- distribution of prohibited content;
- copyright infringement;
- distribution of viruses;
- unauthorized access to information;
- posting pornographic materials;
- distribution of extremist materials.
14.2. The following is prohibited:
- use of resources for mining without approval;
- creating excessive load;
- use of anonymous proxies for unlawful purposes;
- use of resources to circumvent blocking in violation of the law.
14.3. The Provider has the right to:
- restrict access;
- block the services;
- delete the Account;
- transfer information to the competent authorities.
14.4. The full list of prohibited actions may be additionally governed by a separate Abuse Policy or Acceptable Use Policy posted on the Provider's website.
15. BLOCKING AND DELETION OF THE ACCOUNT
15.1. The Provider has the right to temporarily block the Account.
15.2. Grounds for blocking:
- violation of the Offer;
- violation of the law;
- non-payment;
- complaints from third parties;
- abuse complaints;
- suspicious activity;
- DDoS attacks;
- security compromise.
15.3. The Provider has the right to delete the Account:
- in the event of gross violations;
- in the event of repeated violations;
- in the event of non-payment;
- at the Client's request.
15.4. After deletion of the Account, data may be deleted without the possibility of recovery.
15.5. The data retention period after blocking is determined by the Provider.
16. PERSONAL DATA
16.1. The Client consents to the processing of its personal data.
16.2. The Provider has the right to carry out the:
- collection;
- storage;
- processing;
- systematization;
- use;
- transfer of personal data,
to the extent necessary for the provision of the services.
16.3. The Provider takes reasonable measures to protect personal data.
16.4. The Provider has the right to transfer data to:
- government authorities;
- payment systems;
- domain registrars;
- contractors,
if this is necessary for the provision of the services or is required by law.
16.5. The Client confirms its consent to receive:
- audio and text notifications;
- SMS;
- email messages;
- service notifications;
- notifications via messaging apps.
16.6. The purposes, scope and procedure for processing personal data are determined in accordance with the Law of the Republic of Uzbekistan "On Personal Data".
16.7. Technical journals and system logs are stored by the Provider in accordance with its internal data retention policy.
16.8. The Provider has the right to provide information about the Client at the request of authorized government authorities.
17. CONFIDENTIALITY
17.1. The parties undertake not to disclose confidential information.
17.2. The following information is deemed confidential:
- information about the Client;
- the infrastructure;
- configurations;
- commercial terms;
- technical parameters.
17.3. The restrictions do not apply to information that is:
- publicly available;
- disclosed as required by law;
- transferred to government authorities.
18. LIABILITY OF THE PARTIES
18.1. The parties shall be liable in accordance with the legislation of the Republic of Uzbekistan.
18.2. The Provider shall not be liable for:
- lost profits;
- indirect damages;
- loss of data;
- actions of third parties;
- Internet outages;
- the operation of third-party services;
- actions of registrars;
- power supply failures outside the Provider's area of responsibility;
- consequences of DDoS attacks;
- loss, damage or misuse of the Client's data by third parties.
18.3. The Provider does not guarantee absolute and uninterrupted 24/7 availability of the services.
18.4. The Provider's liability is limited to the cost of services paid for but not rendered.
18.5. The Provider shall not be liable for the Client's content.
18.6. The Provider shall not be liable for IP addresses being placed on blacklists or for the operation of third-party reputation systems.
18.7. The Client is solely responsible for:
- backup;
- information security;
- software updates;
- compliance with the law;
- posting materials that infringe the copyright and other intellectual property rights of third parties.
18.8. The Client undertakes to compensate the Provider for losses caused by a breach of this Offer.
18.9. The Provider does not carry out pre-moderation or continuous monitoring of the Client's content.
19. FORCE MAJEURE
19.1. The parties shall be released from liability upon the occurrence of force majeure circumstances.
19.2. Force majeure includes:
- natural disasters;
- wars;
- civil unrest;
- actions of government authorities;
- accidents;
- backbone network outages;
- data center failures;
- power supply interruptions;
- global cyberattacks.
19.3. A party shall notify the other party of the occurrence of force majeure.
20. DISPUTE RESOLUTION
20.1. The parties undertake to resolve disputes through negotiations.
20.2. The pre-trial claim procedure is mandatory.
20.3. The period for consideration of a claim is 15 business days.
20.4. Disputes shall be heard by the economic court at the Provider's location.
20.5. The governing law is the legislation of the Republic of Uzbekistan.
20.6. In the event of discrepancies between the Uzbek and Russian versions of the Offer, the Uzbek version shall prevail.
21. ELECTRONIC DOCUMENT MANAGEMENT
21.1. The parties recognize the legal force of:
- electronic documents on recognized platforms for interaction between organizations (Didox, etc.);
- electronic invoices (e-invoices) and acceptance certificates;
- notifications from the Client Panel;
- email notifications.
21.2. Electronic documents are equivalent to paper documents.
22. ANTI-CORRUPTION POLICY
22.1. The Provider adheres to a zero-tolerance policy towards corruption, bribery and other unlawful acts in its activities.
22.2. The Provider and the Client undertake to:
- not offer, promise, give or accept bribes, illegal remuneration or other improper benefits in any form — monetary, property or non-material;
- not take actions aimed at exerting unlawful influence on officials, government authorities or counterparties;
- not use the Provider's services for the legalization (laundering) of proceeds of crime;
- comply with the requirements of the anti-corruption legislation of the Republic of Uzbekistan, including the Law of the Republic of Uzbekistan "On Combating Corruption".
22.3. The Client undertakes not to attempt to obtain any advantages, benefits or privileges circumventing the established terms of the Offer by giving remuneration to the Provider's employees.
22.4. The Provider's employees are not entitled to demand or accept any remuneration, gifts or other valuables from the Client in connection with the provision of services.
22.5. If any facts of corrupt conduct are discovered, either party shall immediately notify the other party and, if necessary, the competent government authorities.
22.6. A violation of this section shall constitute grounds for unilateral termination of the agreement by the guilty party without compensation of losses to the affected party, and shall also entail liability in accordance with the legislation of the Republic of Uzbekistan.
23. TERM OF THE AGREEMENT
23.1. This Offer enters into force from the moment of its publication.
23.2. The agreement is deemed concluded from the moment of acceptance.
23.3. The agreement is valid for an indefinite period.
23.4. The Client has the right to refuse the services by sending a notice.
23.5. The Provider has the right to terminate the provision of services:
- in the event of a violation of the Offer;
- in the event of non-payment;
- upon discontinuation of the services;
- upon liquidation of the service.
24. PROVIDER'S DETAILS
MYCLOUD LLC
Address: 57 Bogishamol Street, Tashkent, Republic of Uzbekistan
Settlement account: 2020 8000 9057 4274 8001
Bank: JSCB "Aloqabank"
Bank code (MFO): 00401
TIN: 311045816
Registration number: 2362063
Website: https://mycloud.uz
Email: info@mycloud.uz
Phone: (+998) 71 205-52-92
Director: Kurbanov R.K.
This Offer is published in the Uzbek and Russian languages. In the event of discrepancies between the versions, the Uzbek version shall prevail; it is provided in the PDF file of the Offer.