Hosting REG.RU agreement offer
Telematic Services Agreement
REG.RU Registrar of Domain Names Limited Liability Company, hereinafter referred to as the Contractor, represented by the Director General Aleksey Nikolayevich Koroliyk, acting on the grounds of the Statute, publishes the present Service Agreement (hereinafter referred to as the Agreement), being the public Offer Agreement (offer) for the individual persons and legal entities, hereinafter referred to as the Subscriber.
- SUBJECT OF THE AGREEMENT
The Subscriber assigns and the Contractor assumes the obligations to perform the following works and services:
1.1. Rendering services of the Internet network (telematic communication services) in accordance with the present Agreement, Attachments and License for rendering the telematic communication services No. 99466.
1.2. Place of the content, information and files of the Subscriber on the Contractor’s technical recourses, connected to the transport and informational channels of the Internet in accordance with the terms of the present Agreement and Attachments to it, published in the language of the country, where this Agreement was executed.
1.3. The attachments are considered as the Contractor’s official documents, being the integral part of the present Agreement and are provided by the Contractor in the same form for all users, except for the cases, when it is allowed to provide the benefits for the separate service consumers under the Law or any other legal document.
1.4. Performance of the Rules for the Services (Attachment No.4 to the present Agreement) is the obligatory condition of the present Agreement.
1.5. Under the present Agreement the Contractor is not a direct participant of the process of transfer, storage and processing the information, placed by the Subscriber, and accordingly, he is not liable to the third parties for any violations of their rights, related to placement of such information.
1.6. Performance of the Attachment "Rules for the Services" is the obligatory condition of the present Agreement.
1.7. In case of provision the application by the Subscriber for the service renewal without the authorization on the Contractor’s web-site and transfer the amount for such service, he guarantees that he is the owner of the service being renewed or acts in its name and on its behalf.
- THE MOMENT OF THE AGREEMENT CONCLUSION AND DOCUMENTS VALIDITY
2.1. The text of the present Agreement is the public offer (in accordance with the Article 435 and part 2 of Article 437 of the Civil Code of the Russian Federation).
2.2. Acceptance of the offer – reception of the attributes for the access rights to the personal resources of the Contractor or to the separate services and/or payment for the ordered services by means of prepayment in the order, specified by the present Agreement.
Acceptance by the Subscriber of the present Agreement means that he agrees with all terms of the present Agreement and all Attachments to it.
In this case upon registration on the Contractor’s web-site for the purpose of the further service order, the Subscriber shall fill in all required data, confirming correctness of the provided information by the acceptance of this offer.
2.3. The Parties of this Agreement confirm legal force of the texts in the documents, received by the electronic communication channels, equal to the documents, executed in a simple written form. The exception is the mutual exchange with the claims and the documents, requiring obligatory written form of a document.
2.4. The electronic communication channels within the terms of this Agreement mean the e-mail with the contact addresses, specified in this Agreement, as well as the Contractor’s web-server: http://www.reg.ru. In case the present Agreement does not contain any contact addresses of the Subscriber or in case of change of the contact addresses upon the initiative of the Subscriber, the e-mail addresses, provided to the Contractor with the password, selected by the Subscriber, or selected individually by the Subscriber in the corresponding section of the control panel, will be considered as the contact addresses.
2.5. The Parties assume the obligations for the actions of their employees, having access to the communication channels.
- RESPONSIBILITIES OF THE PARTIES
3.1. The Contractor shall:
3.1.1. Upon the Agreement conclusion (acceptance) in accordance with Cl. 2.2. provide the Subscriber with the ordered services under the Subscriber’s compliance with the conditions, determined in the present Agreement and in accordance with the Attachments to the present Agreement.
3.1.2. Notify the Subscriber via the electronic communication channels about all amendments and alternations in the Attachments to the present Agreement at least 10 (ten) days (as may be identified therein or thereon one day is one calendar day) before their commencement.
3.1.3. The Contractor is entitled to suspend the Services rendering for a period, required to perform scheduled maintenance works on the equipment, with the preliminary notification of the Subscriber at least one day before such works commencement.
3.1.4. In case of revealing any unauthorized content, and in cases when the information placed by the Subscriber violates the norms of the existing legislation and rights of the third parties, the Contractor has an exclusive right to remove such unauthorized content. In this case the Contractor is not liable to the Subscriber for any actions, related to removal of the content, violating the legislative norms and for any incurred damage.
3.1.5. The Contractor is entitled to perform the actions on removal of the disputable content or on termination of the Subscriber’s access to the web-site, which information infringes the copyrights and other rights of the third parties after reception of the notification from the copyright holder or from any other source on its rights infringement.
3.1.6. The Contractor is entitled to change at any time the hosting tariff of the Subscriber, providing unlimited parameters for such characteristics as the size of disc space, traffic, number of mailboxes and others, to another VDS or VPS tariff, corresponding to the server traffic load, created by the customer, if such a load, according to the objective assessment of the Contractor, substantially exceeds the permissible standards for the virtual hosting tariffs, as well as if using the existing tariff is carried out by the Subscriber with violation of the terms of standard functioning of the Contractor’s servers. In this case the Subscriber shall not demand any compensation from the Contractor.
3.1.7. The Contractor stores back-up copies for the Hosting service for 30 days. Please note that no mail or mail files, backups for any sites, or archives or media files with a size of over 300 MB will be stored under this provision. The Subscriber is not entitled to require that such files be stored by the Contractor, nor to make any claims and/or demands in the event that they are deleted.
The Subscriber shall:
3.2.1. Carefully learn the present Agreement and all Attachments before the conclusion (acceptance) of the Agreement in accordance with Cl.2.2.
3.2.2. Perform the requirements, specified in the present Agreement and Attachments to it.
3.2.3. Regularly monitor all changes, related to the implementation of the Subscriber Agreement on the Contractor’s web-server.
3.2.4. Perform timely payments in the order, amount and within the time limits, specified in Section 4 of the present Agreement and in accordance with the Attachments to the present Agreement.
3.2.5. Read and take into consideration the information about changes in the Attachments to the present Agreement, and the other technical and organization changes, published on the web-server and forwarded by the Contractor via the electronic communication channels.
3.2.6. Comply with the existing legislation of the Russian Federation during the placement of the content, information and files of the Subscriber on the technical resources of the Contractor.
In case the Contractor receives any notifications or other inquiries from authoritative bodies that the posted on the website information violating the rights of third parties and is unauthorized, and that the Contractor services are against the legislation, the last is entitled to suspend website functioning. In these cases the option to restore the functionality of the website is possible only after the Contractor receives second notification from authoritative body, lifting sanctions from the website. The list of authorities, that have right to send notifications on service suspension, is determined in accordance with the legislation of the Russian Federation.
3.2.7. Shall not transfer the content, received during the use of the Contactor’s services in electronic or any other way, in case transfer of such content is prohibited by the existing legislation of the Russian Federation without the preliminary authorization by the corresponding state authorities.
3.2.8. Shall not place any computer software, databases, the other intellectual property objects, encrypting tools and the other similar data (content) on the Contractor’s technical resources, being prohibited or limited by the existing legislation of the Russian Federation, in particular, requiring the license or another authorization of the state authorities, copyright holders and the other parties and in case such valid license or authorization is not available. This clause is valid in spite of the availability of the valid Subscriber Agreement.
3.2.9. Comply with the norms and regulations during the use of the Internet, being the integral part of the present Agreement and published on web-server: http://www.ofisp.org/documents/ofisp-008.html
3.2.10. Comply with the Rules for the Services (Attachment No. 4 to the Agreement). In case of violating these regulations the Contractor is entitled to terminate the services rendering until the Subscriber eliminates such violations.
3.2.11. Send to the Contractor a copy of the identification document (for the individuals), notarized copies of the documents for legal entities, confirming the corresponding registration and tax registration of the legal entity and competence of his representative. In case the Subscriber fails to fulfil this obligation, the Contractor it entitled to suspend or limit the services rendering to the Subscriber immediately by any selected technical facilities and methods until such required documents are provided. In case of any doubts in the authenticity of the provided data by the Subscriber, the Contractor may request the additional data and (or) confirmation of the provided data during the period of the services rendering. The request is sent by e-mail to the contact address of the Subscriber. In case of failure to provide the additional data and (or) confirmation of the provided data by the Subscriber within 7 (seven) calendar days from the date of the request provision by the Contractor, he is entitled to cancel the service and delete the Subscriber’s account.
3.2.12. Shall not use nonexistent return addresses while sending the e-mails and other messages.
3.2.13. Shall not perform any actions, directed to destroy normal operation of the elements in the Internet (computers, other equipment or software), not being owned by the Subscriber.
3.2.14. Using the hosting plans, providing unlimited parameters for such characteristics as disk space size, traffic, number of mailboxes and others, not to use services and technical resources of the Contractor as allocation of any type of public and media content (file/video/audio hosting and other) or an account for data backup storage for any websites as well as resale of the hosting services to third parties.
The Subscriber agrees that using suchlike plans shall take into consideration the existence of physical and technical restrictions on maximum total capacity, available for the specific server due to its resources limitation. Provided that, the Contractor may limit the given resources to the Subscriber any time at his own discretion.
- COST OF SERVICES AND PAYMENT PROCEDURE
4.1. The cost of the works/services under this Agreement and the period of their provision is determined by the corresponding Attachments to this Agreement, being its integral part, and shall be specified in RUR.
4.2. Payment for all services and works under this Agreement shall be performed on a prepayment basis in the order, specified in the present Agreement. There are two types of the services rendered: Single services, for example, fixed payment and periodic (subscribed) services, for example, monthly payment.
4.3. The moment of payment is cash inflow to the Contractor’s account under condition of reception payment or any substitute instrument to the Contractor with the information, required for cash depositing to the Subscriber’s account. The amount of prepayment is calculated on the basis of the prices, specified in the corresponding Attachments to this Agreement.
4.4. The subscriber bears personal liability for correctness of payments. In case of any changes in bank details of the Contractor beyond his control, from the moment of publishing new bank details via the e-mail and web-server of the Contractor, the Subscriber bears personal liability for all payments, performed to the old bank details.
4.5. The Contractor is entitled to terminate the services rendering to the Subscriber in case of violation the payment procedure by the Subscriber, specified in the present Agreement.
4.6. Upon the prepayment depletion the Contractor it entitled to terminate the services rendering to the Subscriber under these Agreement.
4.7. The Contractor is not liable for not rendering or suspension of the services rendering to the Subscriber in case the Contractor was not able to receive payment due to the failure to receive bank payment instrument of unavailability of any information for cash depositing to the Subscriber’s account.
4.8. The Subscriber personally pays for all services of the telecommunication agencies (of any other company, rendering similar services) and telematic services on connection to the technical facilities of the Contractor, rendered under Cl.1.1. of this Agreement.
4.9. The accounting of the ordered services and control over correctness and timing of payments is performed automatically by means of the special software, information database and statistical data of the Contractor’s informational system. Each subscriber has personal account or several accounts, separate for different services.
4.10. A minimal rated period of the services rendering is determined for the periodical services, that amounts to one Subscription month. The Subscription month starts from the date of the service commencement (and current month of the service rendering) until the same day of the next month. In case such day in the next month is not available, the Subscription month is finished with the corresponding previous day.
4.11. Monthly subscriber fee is charged from the Subscriber’s personal account under the present Agreement during the commencement of a new Subscriber month, including the month of the services rendering commencement by the Contractor to the Subscriber in accordance with the corresponding Attachment to the present Agreement.
- OTHER PROVISIONS AND RIGHTS OF THE PARTIES
5.1. For the additional services, not specified in the Attachments to this Agreement, but being its subject and under the special conditions of this Agreement fulfillment, the Parties make and conclude the additional Attachments and Agreements, which are the integral part of the concluded Agreement. The period of validity and performance conditions of the additional types of the services and special conditions of the present Agreement fulfillment are specified in the additional Attachments or Agreements. Conclusion of the attachments and agreements for the additional services between the Parties shall not be considered as the extension of alternation of the services list of this Agreement, being rendered under the offer acceptance.
5.2. In case the Parties of this Agreement enter into the other relationships of civil law (representative office, agenting, storage, leasing, etc.), not specified in the Subject of this Agreement, the obligations, rights and conditions of the legal relationship are determined by the separate Agreement.
5.3. The Contractor may unconditionally revise the Attachments to this Agreement, specifying the price of the services under this Agreement and rendering period, notifying the Subscriber via the electronic communication channels.
5.4. In case of change of any laws and regulations, fees and charges of the communication agencies and state authorities, and the other institutions, introduction of the new obligatory payments in relation to the Contractor, as well as changes of the price index on the territory of the Russian Federation, the Contractor may unconditionally review this Agreement and Attachments to it. He shall notify the Subscriber at least 10 (ten) days prior to the date the alternations to this Agreement and Attachment enter into force.
5.5. In case the Subscriber does not agree with the changes in this Agreement and its Attachments, he shall notify the Contractor in written (with the signature of the manager of authorized representative of the Subscriber’s company for the legal entities) within 10 (ten) days from the date of the notification receipt. In this case the present Agreement shall be terminated in accordance with the conditions of Cl.7.1 of this Agreement. The absence of the written rejection from the changes of this Agreement until they enter into force is considered as the Subscriber’s agreement â with the new conditions of the Agreement and Attachments.
5.6. The Subscriber and the Contractor shall guarantee confidentiality of the Subscriber’s registration details (the list of passwords for access to the technical resources of the Contractor and other information, authorizing the Subscriber). The Contractor is not liable for any losses incurred by the Subscriber due the disclosure of the registration details by the Subscriber. The Contractor in not liable for any losses incurred by the Subscriber due to the disclosure of personal data of the Subscriber in case of the unauthorized access of the third parties to the Contractor’s technical resources. The Contractor has access to the Subscriber’s data exclusively for the purposes of the technical support or in case of the claims from the third parties, related to placement of malicious software, unauthorized and/or illegal actions of the Subscriber.
5.7. In cases, provided by the existing legislation of the Russian Federation and under application to the Contractor from the corresponding competent state authorities and persons, the Contractor may provide the indicated competent authorities and persons with the registration details of the Subscriber.
5.8. The Contractor shall provide the Subscriber with the works/services with the twenty-hour-hour schedule with possible breaks. All breaks in provision of the works/services are determined by the actions or failures to act of the third parties and/or inoperability of the transport and informational channels, located beyond the personal resources of the Contractor, as well as the required maintenance and/or replacement of the equipment and software of the Contractor, including the emergency cases.
5.9. In accordance with Cl. 4.6., 4.7., 7.1., 7.2., 7.3., 8.1. of this Agreement the Contractor may terminate and/or suspend provision of the works/services for the period, not exceeding 30 (thirty) days.
5.10. In case of any disputable situations, and/or violations of Cl. 3.2.7, 3.2.8, 3.2.9, 5.16, 5.17, 5.18, or any other situations, which may cause cancellation or limitation of the possibility to use the Contractor’s services for the other Subscriber (an individual or legal person), the Contractor may suspend provision of works/services under this Agreement without its termination and without withdrawal of money from the Subscriber’s personal account.
5.11. In case of suspension the works/services under this Agreement, the Contractor shall notify the Subscriber within 1 (one) day (for a legal entity) or within 24 hours (for an individual) from the moment of the service termination or in advance, by means of the electronic communication channels and/or phone, and/or fax, in accordance with the Subscriber’s details, specified in Cl. 11 of this Agreement.
5.12. The Contractor does not perform preliminary censorship of the placed and provided information, content of web-server and the files of the Subscriber on a permanent basis, however, the Contractor is entitled (not imposed) to suspend the service rendering and/or delete the information, content and files, inflicting damages (in the Contractor’s opinion) to the other persons, having offensive nature and contradicting to the current legislation of the Russian Federation.
5.13. The Contractor does not prevent from the access to the content, protected by the copyright, trademarks and the other marks of the copyright holding (including the intellectual property rights) – hereinafter referred to as the Rights, in the scope, which provides legal force for such rights or become effective later on for all forms of reproduction in all types of the information media.
5.14. On the Contractor’s request the Subscriber shall provide him the documental confirmation of the Subscriber’s license, any other authorizations from the state authorities, copyright holders and the other persons for placement the information, specified in Cl.3.2.8 of this Agreement, on the technical resources of the Contractor.
5.15. The Contractor at his own discretion may supervise all or some actions of the Subscriber or not supervise them at all with respect to compliance of the present Agreement terms.
5.16. Any actions or their consequences of the Subscriber, which in the Contractor's opinion may cause cancellation or limitation of the possibility to use the Contractor’s services by the other Subscriber (an individual or legal entity), are considered to be inadmissible and the reasonable grounds to terminate this Agreement. The terms of the present Agreement termination are specified in Cl. 7 of this Agreement.
5.17. The Contractor may protect his Subscribers, as well as the technical resources from the unauthorized actions, including the undesirable mailing. In case such mailing takes place, the Contractor may block bulk mailing.
5.18. Technical resources of the Contractor are measured with the finite numbers. The Contractor may individually review the terms of the Agreement and terminate or suspend this Agreement based on Clause 5.16 of this Agreement in case the technical resources of the Contractor are used in the amount, exceeding standard conditions of this Agreement ten times. In case the exact limitations and/or rates for the applied service (including, but not limiting to the application of the Contractor’s computing resources and the volumes of transferred information) are not specified in the Agreement, the standard volume of the exact resource usage is considered to be the average volume of the resource usage for all Subscribers, except for a given one and the Subscribers, operating with the reviewed conditions.
5.19. The Contractor may individually review the terms of this Agreement, terminate of suspend the Agreement based on Cl. 5.16 of this Agreement in case the technical resources of the Contractor are overused (overuse of the CPU/RAM, specified by the Contractor), the traffic specified by the Contractor is overused (for example, the Subscriber used the upstream traffic to downstream traffic ration close to 1/1, which is not typical for the web-server, usually having ratio 1/3 or even 1/5), the bandwidth of the Contractor’s transport link is overused (for example, the Subscriber was attacked by "Flood" type attack on his own fault or in case of negligence).
5.20. The Contactor is not liable for the operability of the software, individually installed, updated to the new version or reconfigured by the Subscriber at his own discretion. The Contractor is entitled to offer the Subscriber his services to support such software.
The Subscriber is liable for all problems with the OS, selection of the configuration, operability of hosing/VPS/Dedicated (in case they are not caused by the Contractor’s actions) and shall be eliminated individually by the Subscriber. The Contractor is not liable for the Subscriber’s selection of the OS, software, server configuration and for all possible consequences.
5.21. The Contractor may notify the Subscriber via the electronic communication channels about all news, new and/or additional services, special offers, discounts, advertisements, publications, press-releases and provide required technical information on the works performed.
5.22. All e-mail messages to the Contractor’s employees or to the Contractor’s sales department or to the Contractor’s technical support service shall be provided by the Subscriber only from the contact e-mail, specified in this Agreement or in the corresponding section of the control panel.
5.23. The Contractor is entitled to delete the Subscriber’s account and all related servers and information, being stored on these servers, including the content of this account, without the possibility of recovery in case the Subscriber fails to pay for the Contractor’s services within the period, specified in this Agreement. In this case for the Hosting services this period amounts to 60 (sixty) days, for VPS services — 14 (fourteen) calendar days, and for the Dedicated service (private service) the period of data storage is 3 (three) calendar days.
5.24. The Contractor may collect from the Subscriber the additional payments, except for the ones, determined by the rates and published on the web-site, including the operations, related to releasing the servers/IP addresses of the Subscriber, previously blocked on his fault.
5.25. After reception of the Subscriber’s application for the “Server administration” service, directed from his Personal Account, the Contractor shall render this service and take all required actions, provided by this paragraph, and the Subscriber shall accept and pay for it according to the common tariffs, published on the Contractor’s website. Within the framework of the Server administration service the Contractor shall perform software configuration settings modifications and server maintenance actions, such as: server software necessary updates setup, PHP and MySQL updates, setup of the packages, included into the Linux distribution kit, selected by the Subscriber, as well as the actions concerning web server setting for the needs of the website in case the ISP Manager and Plesk Panel are used. The list of actions is exhaustive and can be extended only by the Contractor’s decision.
Within the framework of rendering the Server administration service, the Subscriber is not entitled to demand from the Contractor elimination of the errors in the user’s scripts, website code etc., CMS update, consultations on web design, web programming, website creation, usage of application programs, consultations on the specifics of the content management systems (CMS) usage, installation and setting of the specific software, not included in the list, as well as performing any other actions, not particularly specified in this Agreement.
The Subscriber agrees that he assumes all obligations and responsibility, related to the ordered service and shall not assert any claims to the Contractor in case the actions of the latter led to the consequences and results, unexpected by the Subscriber when filing his application for the Service administration.
5.26. Â ñëó÷àå ïåðåäà÷è óñëóãè õîñòèíãà / VPS / Dedicated / Colocation, à òàêæå äðóãèõ óñëóã ñ òàðèôíûìè ïëàíàìè, ïðåäóñìàòðèâàþùèìè ïåðèîäè÷íóþ (ïîìåñÿ÷íóþ) îïëàòó, äðóãîìó ïîëüçîâàòåëþ ñ ïåðåäà÷åé èëè áåç òàêîâîé â ëè÷íûé êàáèíåò íîâîãî Àáîíåíòà, óñëóãà ñ÷èòàåòñÿ îêàçàííîé Èñïîëíèòåëåì â ïîëíîì îáúåìå. Ïðè ýòîì â ñëó÷àå îïëàòû çà óñëóãó áåçíàëè÷íûì ñïîñîáîì þðèäè÷åñêèì ëèöîì áóõãàëòåðñêèå äîêóìåíòû âûñòàâëÿþòñÿ Àáîíåíòó íà ïîëíóþ îïëà÷åííóþ ñóììó. Óñëóãà ñ÷èòàåòñÿ îêàçàííîé â ìîìåíò ïåðåäà÷è äðóãîìó ïîëüçîâàòåëþ âíå çàâèñèìîñòè îò êîëè÷åñòâà îñòàâøèõñÿ íåèñïîëüçîâàííûõ ïåðèîäîâ/ìåñÿöåâ.
Àáîíåíò â äàëüíåéøåì íå âïðàâå ïðåäúÿâëÿòü ïðåòåíçèè ê Èñïîëíèòåëþ è òðåáîâàòü ïåðåäà÷è äåíåæíûõ ñðåäñòâ çà íåèñïîëüçîâàííûå ïåðèîäû íà ñ÷åò äðóãîãî Àáîíåíòà.
- RESPONSIBILITIES OF THE PARTIES
6.1. Responsibilities of the Parties not specified in this Agreement are accepted in accordance with the legislative norms, being in force in the territory of the Russian Federation.
6.2. The Contractor and Subscriber bear property responsibility for non-fulfillment or improper fulfillment of their obligations under this Agreement in accordance with the terms of this Agreement and current legislation of the Russian Federation.
6.3. The Subscriber bears personal liability for the content of the information, provided by him or another person under his login credentials (network name - login and other information, authorizing the Subscriber) via the Internet and personal resources of the Contractor: for its authenticity, absence of the third parties claims and rightfulness of distribution. The Contractor is not liable for content of the information, transferred by the Subscriber via the Internet and personal resources of the Contractor.
6.4. Using the Internet services the Subscriber bears personal liability for the damages, incurred by his actions (personally or by the other person under his login credentials) to the personality of property of the citizens, legal entities, state or ethical principles of the society.
6.5. The Contractor is entitled to suspend the services rendering to the Subscriber in case the Subscriber’s violates the network operation rules, specified in this Agreement.
6.6. The Contractor is not liable to the Subscriber for the delays, service interruptions and impossibility of complete usage of the Contractor’s personal resources, occurred due to direct of indirect actions or failure to act by the third parties and/or inoperability of the transport and informational links, being beyond the personal resources of the Contractor.
6.7. The Contractor is not liable for the quality of the communication lines in case they are provided by the other organizations.
6.8. The Contractor is not liable for the lost profit or any indirect losses, incurred by the Subscriber during the period of using or not using the works/services of the Contractor (full or partial). The Contractor is liable for direct or indirect losses, incurred by the Subscriber as a result of using/not using the works/services of the Contractor (full or partial) only in case the direct fault of the Contractor was confirmed in the scope, pro rata to the subscriber’s payment for the period of downtime, or in case of connection the Subscriber to the technical resources of the Contractor with the periodical access – less the amounts of payment for the works/services, being used by the Subscriber from the beginning of the subscription month, during which the events specified in this clause of the Agreement occurred, as well as the bank charges during the bank transfer.
6.9. Provided that the Internet is the voluntary association of various networks and resources, the Contractor is not liable for normal operation of the Internet or any parts of it, as well as for their availability for the Subscriber. The Contractor is not liable and does not provide any direct or indirect guarantees (including the guarantees of complying with the rules or feasibility for the exact purpose) for any information, goods and services, received via the Internet, including the ones, placed on the personal resources of the Contractor.
6.10. Any services provided by the Contractor to the Subscriber are related to the operation of the Internet on the technical resources of the Contractor and beyond them. The Contractor is not liable for the alternations of the features, functions and quality of the services, rendered to the Subscriber, in case they are not directly specified in the Agreement and Attachments to it. The Contractor is not liable for the quality, accuracy and absence of malicious and/or illegal components, applied in the software, used on the Contractor’s servers and on the other servers in the Internet or being offered to the Subscriber, in case such software was not developed by the Contractor.
6.11. The Subscriber assumes full liability and all risks, related to the usage of the Internet via the resources and/or services of the Contractor. In case on the Subscriber’s fault, but without any intended acts on his side, due to the violation of Cl.2.1 provisions of the Attachment “Rules for the services”, the servers/host computer/IP-network of the Contractor or any other resources were blocked, before the services resumption the Subscriber shall deposit the amount to the Contractor’s personal account in the amount of 3 (three) monthly payments under the current rate. These funds may be spent for the services payment, however, in case of the repeated blocking on the same reason they will be withheld unconditionally. In this case the Subscriber is not entitled to demand return and compensation for the indicated amount.
6.12. The Contractor is not liable for the information, provided by the Subscriber, as he does not initiate its transfer, does not select the information receiver, does not influence on the integrity of the information being transferred, and takes the measures to prevent the usage of the copyright and the other exclusive rights objects without the copyright holder’s consent.
6.13. In case of violation the Agreement terms by the Subscriber and/or using the Contractor’s services for the purposes, contradicting to the norms of the legislation of the Russian Federation, the Contractor may terminate this Agreement and services rendering to the Subscriber without the right of the service resumption. In this case the amount for the remaining period shall not be refunded to the Subscriber.
6.14. Upon the service termination and refund in case the Contractor incurred the losses on the Subscriber’s fault, including disconnection of the servers, networks, transferring IP to the black-list, etc. the Contractor may withhold the full amount of the incurred losses from the amount of the refund.
6.15. In case of the Subscriber’s service suspension upon the reasonable claim from the third parties due to the violation of the present Agreement terms and/or any other reasons more than 1 time per month, the Subscriber shall pay a penalty for the service renewal in the amount of a monthly payment under the current rate. Upon availability of the funds on the personal account of the Subscriber, the Contractor is entitled to withhold this amount individually and unconditionally. In this case the Subscriber shall not demand any compensation.
6.16. The Subscriber is liable for the public utterance and actions, directed against the Contractor and his reputation. In case of revealing any offensive of other negative comments from the Subscriber, the Contractor may suspend the services rendering and demand to publish the rebuttal in the same source, where discrediting comments on the Contractor have been published before.
- TERMS AND PROCEDURE OF THE AGREEMENT TERMINATION
7.1. This Agreement may be terminated upon the Subscriber’s initiative under the absence of any direct fault of the Contractor after expiry of the payment period by means of rejection from prepayment for the works/services for the next period or based on the notification, made in written form. In this case the unused remained amount shall not be refunded to the Subscriber and the Subscriber’s indebtedness of the services payment is compensated.
7.2. The present Agreement may be terminated upon the oral initiative of the Contractor (for the individuals) and in written form (for legal entities) and provided to the Subscriber 10 (ten) days before the termination of this Agreement due to the personal objectives, not included into the expanded term of the force-majeure events, in case of the absence of the Subscriber’s direct failure to perform the obligations of this Agreement. In this case the unused remained amount for the moment of the Agreement termination shall be refunded to the Subscriber and the Subscriber’s indebtedness of the services payment is compensated.
7.3. This Agreement may be terminated upon the oral initiative of the Contractor (for the individuals) or in written (for legal entities) and provided to the Subscriber 5 (five) days before this Agreement termination, upon the proper performance of the Agreement and the Attachment terms by the Subscriber. In this case the unused remained amount shall not be refunded to the Subscriber and the Subscriber’s indebtedness of the services payment is not compensated.
7.4. In case of the Subscriber Agreement termination on the reasons, different from the stipulated above, the issues of the resettlements and payments shall be resolved on Parties agreement or in the established order in the judicial authorities of the Russian Federation in accordance with the existing legislation.
7.5. The Subscriber shall inform the Contractor about his agreement or disagreement to terminate this Agreement orally (for the individuals) or in the written form (for legal entities) at least 5 (five) days before the present Agreement termination. In case the Subscriber fails to inform the Contractor on his agreement or disagreement to terminate this Agreement within the specified period, this Agreement shall be automatically terminated from the date, specified in Cl. 7.6.
7.6. The moment of this Agreement termination shall be considered the date, commencing after expiry of a 10 (ten)-days period from the moment of the notification of one Party by the other Party on the Agreement termination.
7.7. This Agreement is automatically terminated in case within a 30 (thirty) days period after expiry of the paid period the Subscriber fails to perform prepayment for the works/services for the next period.
7.8. Upon termination of the Subscriber Agreement the Contractor may block the electronic personal account of the Subscriber and delete the content, placed on the Contractor’s technical resources without warning.
8.1. In case of the force-majeure events (in the interpretation, accepted by the jurisdiction of the arbitration court of the Chamber of Trade and Industry of the Russian Federation), excluding or reasonably preventing from this Agreement fulfilment, the Parties shall not have any mutual claims and each Party assumes the risk for the consequences of such events.
- LANGUAGE AND APPLICABLE LEGISLATION
9.1. This Agreement is executed and regulated by the existing legislation of the Russian Federation.
9.2. Invalidity of one or several provisions of this Agreement shall not make the entire Agreement invalid.
9.3. This Agreement is executed in 2 (two) copies in Russian, having equal legal force.
- DISPUTES RESOLUTION
10.1. The Parties shall make all reasonable efforts to settle the disputes and controversies which may arise during fulfillment of this Agreement by means of amicable negotiations.
10.2. In case the disputes and controversies, specified in Cl. 10.1. can not be settled in the abovementioned way, they shall be settled in the arbitration court of Moscow or in any other way, provided by the existing legislation of the Russian Federation. Judicial decision is obligatory for both Parties of this Agreement.
- TERM OF THE AGREEMENT VALIDITY AND LEGAL ADDRESSES OF THE PARTIES
11.1. This Agreement is executed for the period of the existing licenses validity for the services rendered and may be terminated upon the initiative of any Party in accordance with Cl.7. of the Agreement. Upon renewal of the licenses validity period (acquisition of the new licenses for this type of services) the Agreement is automatically extended for a new period.
11.2. This Agreement remains effective in case of change of the addresses of the Parties, change of their constituent documents, including, but not limited to change of the owner, status, etc. The Contractor may delegate his rights and obligations under this Agreement to another legal entity. In case of changes in the addresses the Parties shall notify each other on such changes within a 10-days period.
- ADDRESSES AND SETTLEMENT ACCOUNTS OF THE PARTIES
|Full company name||REG.RU Registrar of Domain Names Limited Liability Company|
|Legal address:||build 1, 3 Vasily Petushkov Street, Moscow|
|Postal address:||3 Vasily Petushkov Street, Moscow, 125476, REG.RU Registrar of Domain Names LLC|
|E-mail for correspondence:||firstname.lastname@example.org|
|Bank name:||Alfa-Bank OAO|