|
Schedule 1/10
to Service Agreement Effective February 10, 2015 |
Contents:
1. Definitions
2. General terms
3. Hosting service order. Order implementation
4. Hosting service access
5. Hosting service renewal
6. Changing Hosting Service Parameters
7. Payments
8. Specific terms
9. Software functioning
10. Customer' data distribution restrictions
11. Information safety and data integrity support
12. Complaints of rightsholders of any exclusive intellectual property rights and/or rights to any means of individualization equated to such intellectual property
Contractor - Joint Stock Company "Regional Network Information Center" (JSC RU-CENTER).
Customer - a person or a legal entity, which made an order to the Contractor to service.
Hosting service (Set-up) - the Contractor's resources settings, which enable their work as Customer's virtual web server and virtual mail server. Hosting service is provided by the Contractor to the Customer on the basis of the present Schedule, in accordance with the service parameters chosen by the Customer. Hosting service is identified by a unique alphabetical and numerical character string - service identifier (ID), which is chosen by the Customer in the process of ordering the service and cannot be changed during the service term of validity.
Hosting service Validity Term (Set-up Validity Term) - the time frame within which the resource settings made by the Contractor, which enable their work as Customer's virtual web server and virtual mail server, are valid. The term of validity for the service is chosen by the Customer form the list, specified by the Contractor, in the process of ordering or renewing the service. The term of validity for the service may be extended at Customer's will in the order, set by the present Schedule.
Plan - a set of Hosting-related resources and services provided to the Customer by the Contractor, as well as their qualitative and quantitative features.
Additional plan resources - resources and services provided by the Contractor to the Customer subject to its order and chosen plan.
Hosting Location - the Contractor's resources located in a specific region enabling to render a Hosting service.
Service Parameters - plan, additional plan resources, hosting location, validity term.
Virtual webserver - a set of the Contractor's resources and services, which enables the Customer to create one or several websites.
Website - information in its entirety, presented as one or several web-pages, created by the Customer for Internet publication. Website is identified by the website name, under which the Customer can specify a domain name. A website can have several names, which are called CNAMES (aliases) of a website name.
Domain name - record ID in DNS database, usually presented as several marks, separated by "." symbol.
Virtual mail server - the Contractor's resources and services set, which enables the Customer to create electronic mail addresses, to receive and get electronic mail messages.
Electronic mailbox (mailbox) - hard drive segment, logically allocated, aimed for storage of electronic mail messages. It is identified by an electronic mail address. A mailbox may have several mail addresses, which are called CNAMES (aliases) of a mail address.
Electronic mail address (mail address) - character string of user@domain, where "domain" is a domain name specified by the Customer in virtual mail server settings, "user" is a combination characters chosen by the Customer for unique identification of the mailbox in this domain. A list of allowed characters is published on the Contractor’s website at: http://www.mail.nic.ru/limit.shtml.
Order - Customer's address to the Contractor in the format, set by the Contractor, containing all necessary data for providing the service or renewing it, and also for updating the data presented earlier.
Service Registrant (Administrator) - a person specified by the Customer in the Order for whom the hosting service is ordered.
Control panel - web-interface, provided by the Contractor to the Customer to manage Customer's virtual mail server and virtual web server. Control panel access is provided with a password for the Contract or for the Registrant’s form.
Service Agreement personal account - information in its entirety regarding Customer's payments for the Contractor, and also services, used by the Customer, provided by the Contractor. Money funds, transferred by the Customer, are registered on his Service Agreement personal account after the money arrive on the Contractor's checking account, and under the condition that the Contractor receives confirming payment documents, which identify the payment, from the bank.
Notice. The terms not specified in the current Schedule are specified in the document "Domain Maintenance Services Schedule" (Schedule 1/3 for the Service Agreement).
2.1. The Contractor is operating under and in accordance with License No-115466 dated 27.12.2011 Federal Service for Supervision of Communications, Information Technology, and Mass Media.
2.2. The Contractor provides services for the Customer, who has concluded a Service Agreement with the Contractor . The Service Agreement concluding is preceded by the procedure of registering the Customer in the Contractor's database. The Customer on his own chooses and registers individual administrative and technical passwords, guarantees their confidentiality and is responsible for all actions performed using the passwords.
2.3. All data, submitted by the Customer in the process of registration in the Contractor's database, must be true and up-to-date. In case the Customer submits unverified data, the Contractor has the right to refuse to provide services to the Customer.
If the Contractor doubts that the data provided by the Customer for the registration of a domain is true and up-to-date, the Contractor has the right to request for additional data and/or to request the confirmation of provided data within the contract validity period. Request is sent to the Customer at his e-mail contact addreses. In case the Customer does not submit additional data and/or does not confirm the data submitted earlier within 14 (fourteen) calendar days after the Contractor sends the first request, the Contractor has the right to:
a) deny the Customer's order for a new service;
b) put Customer's services on hold (to block hosting services, in accordance with the paragraph 8.1 of the current Schedule);
c) deny the Customer's order for hosting service renewal.
All specified restrictions can be lifted within 3 (three) business days since the time the Customer provides requested information.
In case the required information is not presented within 30 (thirty) calendar days after the Contractor sends the first request, Customer's services may be terminated.
2.4. The Customer and the Contractor acknowledge the legal effect of notifications and messages, sent by the Contractor to the Customer's e-mail addresses specified by the Customer in the Service Agreement and other documents. Such notifications and messages are equal to messages and notifications in writing, sent by the Contractor to Customer's mail addresses. The Customer and the Contractor, in case of any disagreements concerning the facts of sending and receiving messages, the time of sending, contents of the messages, agreed to consider evidences of the Contractor's archive service binding and definitive for settlement of disputes between indicated parties.
2.5. The Customer shall comply with the provisions of the Terms of Use published on the Contractor's website at https://www.nic.ru/about/servpol.html (hereinafter, the "Terms of Use") and the Policy for reviewing complaints of rightsholders against hosting users for any breaches of exclusive intellectual property rights and/or rights to any means of individualization equated to such intellectual property (hereinafter, the "Policy") published on the Contractor's website at https://www.nic.ru/dns/reglaments/en/rules_petition.html. The Customer agrees that he may be affected by the consequences of actions, taken by the Contractor in accordance with the said documents, including for the purpose of preventing negative consequences of the third parties' activities, interfering with the Contractor's system of services. At that the Contractor in its activities is guided by the regulations of the Terms of Use and the Policy and guarantees the Customer minimization of such negative consequences.
2.6. Order for the hosting service serves as Customer's consent to pay for the service at the prices valid on the date the order execution is started.
2.7. Hosting service shall be deemed provided to the Customer after the Contractor's resources are set up to work as Customer's virtual web server and/or virtual mail server, according to the service parameters chosen by the Customer and after the Contractor sends an appropriate notification to the Customer by e-mail to the addresses specified by the Customer.
2.8. Hosting renewal service shall be deemed provided to the Customer after the Contractor's resources are set up to work as Customer's virtual web server and/or virtual mail server, according to the service parameters chosen by the Customer and after the Contractor sends an appropriate notification to the Customer by e-mail to the addresses specified by the Customer.
2.9. The Contractor shall inform the Customer on the fact of rendering the service by an e-mail sent to the Customer address. If the motivated Customer's objections set forth in simple language in writing and sent by mail service failed to reach the Contractor's address within 15 (fifteen) calendar days from the date of the abovementioned the Contractor's e-mail, the service rendered to the Customer by the Contractor is considered to be accepted by the Customer.
2.10. Plans for the hosting service are available on the Contractor's web server - https://www.nic.ru/dns/contract/en/tariff-host.html. The services included in hosting service are described at http://www.hosting.nic.ru/services.shtml.
2.12. The period of time within which the Customer may experience delays in virtual web server and/or virtual mail server performance due to the Contractor's fault shall not exceed 2 (two) hours a month.
2.12. The Contractor shall render only technically feasible services for the Customer. Under no circumstances shall the Contractor be liable to the Customer for poor quality of services hereunder due to any events or actions beyond the Contractor's reasonable competence and control, including, but not limited to quality of Internet connection subject to quality of other providers' functioning and networking, policy of traffic exchange between providers, Customer's hardware and software functioning. The Contractor shall be responsible for its own failure or poor quality performance of service rendering.
2.13. Under no circumstances shall the Contractor be liable to the Customer for the loss of revenue and other indirect damages incurred by the Customer arising from the Contractor's performance or non-performance (including the suspension of services in accordance herewith) of services. If the Customer has a documentary proof of any direct damage incurred by him, the Contractor's liability will be determined by the amount of the damage incurred by the Customer, but in no way shall it exceed the cost of services provided by the Contractor to the Customer for the damage period.
3.1. Hosting service Order
3.1.1. The order for the service is made by the Customer on the Contractor's web-server www.nic.ru, in the section "Manage your account", or on the Contractor's web-server hosting.nic.ru.
3.1.2. In the process of making an order for the service the Customer on his own chooses the service parameters.
3.1.3. In the process of ordering the hosting service the Customer has the right to specify domain names not meeting the requirements of Clause 4.2 (a,b) hereof in service settings. Hosting service will be provided by the Contractor and will be considered provided regardless of the performance of domain names specified by the Customer. Domain names list may be changed by the Customer using the control panel after the hosting service is provided.
3.1.4. If, in the process of ordering the hosting service or changing the list of domain names, the Customer specifies in the service settings a third-level or higher-level domain name, then DNS support for the domain name specified by the Customer in the hosting service settings will be provided only if the hosting service for such higher-level domain name also belongs to the Customer and is provided under the same Service Agreement with the Contractor. In this case, the hosting service is provided to the Customer and shall be deemed provided regardless of the DNS support provision results for the domain name specified by the Customer.
3.1.5. If hosting service was ordered together with domain name registration service (in the same order), then in case the domain name is not registered (registration refusal is stipulated by applicable Schedules to the Service Agreement), hosting service will be provided to the Customer and will be considered provided no matter what the domain name registration result is.
3.1.6. The Customer can abrogate (cancel) the order for the hosting service on the Contractor's web server www.nic.ru, in the section "Manage your account" ("Orders"), before the order implementation is started.
3.2. Other matters of order implementation, including the readiness of orders for implementation, are regulated by Addendum 4 to the Multiple Services Contract.
3.2.4. After the service is provided, the Contractor sends a message, containing information, necessary for virtual web-server and/or virtual mail server management (access logins and addresses), to the Customer's e-mail addresses, specified in the Service Agreement. This information is available in the control panel as well. Passwords for the service, determined by the Contractor, may be changed by the Customer by means of the control panel.
3.4. Settings
3.4.1. In the process of providing the service the Contractor sets a range of Customer's mail server available settings parameters (specifically, a maximum number of message recipients, a number of sent and received messages in a unit of time, a number of connections with the Contractor's server from the same IP-address at the same time) in order to prevent mail cycle malfunction, attempts to gain unauthorized access to Customer's mailboxes, mass distribution of unrequested information.
3.4.2. In the process of providing the hosting service the Contractor distributes hard drive space determined by the plan into segments not exceeding the total amount of its capacity. They are intended for different information specified by the services provided in the plan including e-mail, databases, files of websites and other files stored or created by the Customer or the Customer’s software used on the web server, including registering files for Internet users applications to Customer's resources. The Customer can re-distribute hard drive space according to his needs using control panel.
4.1. After the hosting service is provided, the Contractor gives the Customer access to virtual mail server and virtual web server management:
a) access to the control panel - within 1 (one) hour after the service is provided;
Access to the control panel is provided to the Customer when the password under the Customer's Service Agreement is used and is executed:
- on the Contractor's web server www.nic.ru, in the section "Manage your account" (the link "Hosting control panel" in Services → Review and Update Data);
- on the Contractor's web server hosting.nic.ru - http://hosting.nic.ru;
- on the Contractor's web server mail.nic.ru
- http://www.mail.nic.ru/.
b) access to services included in the plan for auxiliary names (provided based on hosting service identifier), created by the Contractor for the Customer - within 3 (three) hours after the service is provided;
c) access to services according to the plan for domain names specified by the Customer in case the requirements in paragraphs 4.2 and 4.3 of this Schedule are met - within 1 (one) hour after the service is provided.
4.2. Access to hosting service capabilities for the domain name specified by the Customer in the service settings is available under the condition the following terms are met:
a) the domain name is delegated;
b) all necessary records are entered into DNS zone of the domain name. If DNS for the domain name is supported by the Contractor (within the hosting service), necessary records are entered into the zone automatically. If the Customer supports DNS for the specified domain name on his own, he should enter records into DNS zone of such domain name according to the Contractor's recommendations, described in the control panel.
4.3. Access to hosting service capabilities for the subdomain of host.domain type, specified by the Customer in the service settings, is available under the condition the following terms are met:
a) domain name "domain", where the subdomain "host.domain" is created, is delegated;
b) all necessary records were entered into DNS zone for the domain name "domain". If DNS for the domain name "domain" is supported by the Contractor (within the hosting service), necessary records are entered into the zone automatically. If the Customer supports DNS for the domain name "domain" on his own, he should enter records into DNS zone of such domain name according to the Contractor's recommendations, described in the control panel.
4.4. The Customer has the right to deactivate the hosting service prior to its expiration date, at that the Contractor executes total hosting service blocking according to Clause 8.1. hereof. In case the Customer excludes hosting service the service term of validity does not change, money is not refunded. Service deactivation is made by the Customer on the Contractor's web server www.nic.ru, in the section "Manage your account" ("Services", the link "View and modify data").
5.1. Customer's failure to provide refusal for service renewal confirms his consent for renewal and money charge-off to pay for the renewal from the Service Agreement personal account. Money charge-off from the Service Agreement personal account is made according to the Addendum 4 to the Service Agreement.
5.2. The Customer may refuse to renew the hosting service any time before money for the renewal are charged-off. Renewal refusal is made on the Contractor's web-server in the section "Manage your account" ("Services", the link "Services renewal").
The Customer can reiterate his agreement for service renewal at any time but no later than 30 (thirty) calendar days since the time the service ended.
5.3. Hosting Service Renewal Order
5.3.1. Order for hosting service renewal is created by the Contractor automatically 2 (two) months before the service expiration date.
5.3.2. The Contractor, no later than 14 (fourteen) calendar days before the end of the term of validity for the hosting service, sends a notification, regarding the need for service renewal, to the Customer. The notification is sent by means of e-mail to the addresses specified in the Service Agreement.
5.3.3. If the hosting service is not renewed by the Customer, the Contractor executes total hosting service blocking according to the terms of Clause 8.1. hereof after the service expires.
In case the Customer renews the hosting service within 30 (thirty) calendar days after the service expires, the term of validity for the service for the next period is calculated from the day of service renewal. In such case the Contractor unblocks the service within 1 (one) hour after payment for renewal arrives on the Customer's Service Agreement personal account, under the condition the Customer didn't refuse to renew the service, subject to the processing rules for service renewal set forth by Addendum 4 to the Service Agreement.
5.3.4. If the hosting service is not renewed by the Customer within 30 (thirty) calendar days after the service expires, when the specified period of time expires the Contractor removes all Customer's information from its resources and the service settings, made by the Customer in the process of using the service.
5.4. If the Customer failed to set in the service renewal order the parameters of the Hosting service for the next period (pursuant to Clause 6. hereof), this service, if renewed, will be rendered in compliance with the parameters valid at the moment of its renewal.
5.5. If the Customer has orders to renew several hosting services, they are implemented in the order the service term is ended.
6. Changing Hosting Service Parameters
6.1. Term of validity for the hosting service may be changed only when the service is renewed. In order to change it the Customer should specify another term of validity for the service for the next period in the renewal order at any time but no earlier than 2 (two) months prior to the service renewal. The settings are made by the Customer on the Contractor's web server www.nic.ru, in the section "Manage your account" ("Services", the link "Services renewal").
6.2. The plan may be changed either while the hosting service is still valid or when the service is being renewed for the next period.
6.3. Additional hosting plan resource may be ordered in accordance with the plan description within the service validity term for a period not exceeding the hosting service validity term. The Customer may cancel additional hosting plan resources only when renewing the hosting service.
6.4. Plan Change within the Hosting Service Validity Term
6.4.1. Within the hosting service term of validity the plan may be changed only for a higher or equal price plan, at that the service term of validity does not change.
When the plan is changed and there is an additional hosting plan resource, the plan will only me changed with enabled additional resource.
6.4.2. Changing the plan within the hosting service term of validity is made by performing actions required to change service parameters, which are made by the Customer on the Contractor's web server www.nic.ru, in the section "Manage your account":
- choose the option "Review and update data" in the "Services" menu;
- find the required hosting service;
- in "Parameters", click "Manage service";
- "Current plan", click "Update";
- make the necessary changes;
- save the changes.
Changes made by the Customer become active within 1 (one) hour after they are entered, if there's enough money available on the Customer's Service Agreement personal account to pay for the service
6.4.3. Additional hosting plan resource may be ordered within the service validity term by the Customer on the Contractor's web server www.nic.ru, in the section "Manage your account":
- choose the option "Review and update data" in the "Services" menu;
- find the required hosting service;
- in "Parameters", click "Manage service";
- in "Current plan", click "Update";
- make the necessary changes to additional hosting plan resources;
- save the changes.
6.4.4. The cost of the service with modified parameters is determined according to the formula:
C=((C2+M2)-(C1+M1))/T*t
where:
C - cost of the service with modified parameters
M1 - cost of additional resource according to the current plan within hosting term of validity
C1 - cost of the service according to the current plan within hosting term of validity
C2 - cost of the service according to the new plan within hosting term of validity
M2 - cost of additional resource according to the new plan within hosting term of validity
T - hosting term of validity
t - the period of time from the day when the service parameters were modified (including the day when the service parameters were modified) to the date when hosting expires.
6.4.5. If at the time of ordering changes to service parameters there is not enough money available on the Customer's Service Agreement personal account to cover the cost of the servicewith modified parameters, its cost will be recalculated every day according to the formula, described in the paragraph 6.4.4, until the moment the money funds on the Customer's Service Agreement personal account will be sufficient to provide the service for the Customer, at that the service will be provided.
6.4.6. The Contractor, if it is necessary, sends an e-mail message to the Customer regarding the service information (access names and addresses) after order implementation. This information is available in the control panel as well. Passwords for the service set by the Contractor may be changed by the Customer by means of the control panel.
6.4.7. The Customer may cancel the order for the changes to hosting service parameters on the Contractor's web server www.nic.ru in the section "Manage your account" ("Orders") prior to the beginning of order implementation.
6.4.8. Orders for the changes to service parameters, not executed before the hosting service is still valid, are cancelled by the Contractor.
6.4.9. After the hosting service parameters are modified, the Contractor automatically sets the plan for the next period, valid after the changes have been made, in the order for hosting service renewal. The Customer may set another plan in the order for hosting service renewal, according to Clause 6.5. hereof.
6.5. Parameters Changes for Hosting Service Renewal for the Next Period
6.5.1. In order to change the plan in the process of renewing the hosting service the Customer should specify another plan for the next period in the order for service at any time but no earlier than 2 (two) months prior to the service renewal. Therefore, the Customer may order or refuse from an additional plan resource according to hosting plans published at https://www.nic.ru/dns/contract/tariff-host.html. Settings are made by the Customer on the Contractor's web server www.nic.ru, in the section "Manage your account" ("Services", the link "Services renewal").
6.5.2. In case the plan is changed for a higher price plan the Contractor, if it's necessary, sends an e-mail message to the Customer regarding the service information (access names and addresses) after order implementation . This information is available in the control panel as well. Passwords for the service set by the Contractor may be changed by the Customer by means of the control panel.
6.5.3. In case the plan is changed for a lower price plan the Contractor, after hosting service renewal, compares the resources, used by the Customer's virtual web server and/or virtual mail server, with the resources stipulated by the lower price plan chosen by the Customer. If Customer's virtual web server and/or virtual mail server uses more resources than it is stipulated by the plan chosen by the Customer (except for the option to use databases), the Contractor notifies the Customer about that at e-mail addresses specified in the Contract. If the lower price plan does not allow using a database, then all databases stored under the hosting service and their settings will be automatically deleted without any notification to the Customer and the Registrant.
If, after receiving the Contractor’s notice, the Customer does not adjust the amount of utilized resources to the chosen plan within the timeframe specified in the notice, The Contractor will block the Customer's virtual web server and/or virtual mail server pursuant to Clause 8.1. hereof. Blocking shall be lifted by the Contractor within 2 (two) hours after the Customer adjusts the amount of utilized resources to the chosen plan.
6.6. The hosting location may be changed by the Customer or Registrant in the Control Panel within the whole Validity Term of the Hosting service.
6.7. The number of the hosting location changes to be made by the Customer within the whole Validity term of the service is limited. Any data on a number of the made and available changes is viewed in the Control Panel. The Contractor is entitled to change the number of available hosting location changes without any Customer notification thereof.
7.1. Cost of the hosting services is set forth in the Addendum 2 to the Service Agreement.
7.2. Matters of payment, billing, invoicing, and money allocation are regulated by Addendum 4 to the Service Agreement.
8.1. In case the Customer violate the liabilities, set for him by the current Schedule, or other cases stipulated by the Schedule, the Contractor has the right to block the service fully or partially, and the Customer is being informed about it at the e-mail addresses specified in the Service Agreement and the Registrant's form. When the hosting service is blocked the term of validity for the service is not changed, money is not returned to the Customer.
Hosting service blocking is regarded as total or partial cessation of Customer's access to a virtual web server, with possible redirection of queries from Customer's web sites' visitors to the Contractor's service page containing the appropriate information, total or partial cessation of Customer's access to a virtual mail server, other services and resources, provided to the Customer within the hosting service.
8.2. Hosting service capabilities access blocking in case Customer's resources exceed the number of resources, stipulated by the plan
8.2.1. When electronic mail messages, stored in all electronic mailboxes of the Customer's virtual mail server, occupy 95% of the disc space allocated for electronic mail messages storage, or in case the volume of free disc space for electronic mail messages storage is less than 1 MB, the Contractor sends an appropriate notification to the Customer's e-mail addresses specified in the Service Agreement and/or the Registrant’s form. When the Customer's electronic mail messages reach 100% level from the set one, the Contractor blocks the Customer's ability to get and receive messages and sends him an appropriate notification to the e-mail addresses specified in the Service Agreement and/or the Registrant’s form. It is not granted that the Customer will receive such a notification if the Customer specifies the addresses supported by the Contractor within the hosting service as his contact . Blocking is lifted by the Contractor within 2 hours after the Customer adjusts the amount of utilized resources to the chosen plan.
8.2.2. The Customer's database is regarded as the Customer's information in its entirety access to which is granted with the help of database management system (DBMS), provided by the Contractor within the hosting service. When Customer's databases occupy 95% of the disc space allocated for database storage, the Contractor sends an appropriate notification to the Customer's electronic mail addresses specified in the Service Agreement and/or the Registrant’s form. When the Customer's databases reach 100% level from the set one, the Contractor bounds the Customer's ability to use information and sends an appropriate notification to the Customer's e-mail addresses specified in the Service Agreement and/or the Registrant’s form. In case the Customer's databases exceed 100% level for a long time (over 5 days), the Contractor blocks the Customer's ability to use DBMS and sends an appropriate notification to the Customer's e-mail addresses specified in the Service Agreement and/or the Registrant’s form. Blocking is lifted by the Contractor within 2 (two) hours since the Customer adjusts the amount of utilized resources to the chosen plan.
8.3. The Contractor does not guarantee that the Customer gets and receives electronic mail messages in the following cases:
a) the mail server, containing the mailbox where the Customer's electronic mail message is being sent, does not accept the message, sent there by the Contractor;
b) mail servers not belonging to the Contractor are inoperative on the route of the electronic mail message or have wrong settings, which hinder message delivery or cause message contents distortion;
c) DNS-servers, not belonging to the Contractor, for a domain name, an address from which sends or receives an electronic mail message, do not meet the following conditions:
- connected to the Internet;
- are functioning according to DNS standards;
- contain the zone with records, necessary for guaranteeing electronic mail messages delivery.
8.4. In case of a failure to send an electronic mail message due to the reasons not connected with the Contractor, the Contractor executes posterior attempts to send the message every 30 (thirty) minutes within 3 (three) hours, later on - every 2 (two) hours. Such message is stored no more than 7 (seven) days since it is received by the Contractor's mail server, after which the Contractor informs the initial message sender that message delivery is impossible and deletes the unsent message.
The size of Customer's unsent mail, saved on the Contractor's mail server, may not exceed 200 Mb. In case the indicated size is exceeded, Customer's unsent mail is deleted from the Contractor's mail server without notification of the Customer.
8.5. Maximum size of received or sent electronic mail message, including auxiliary information, is 30 Mb.
8.6. The Contractor reserves the right to ignore and/or reject the delivery of email messages, submitted to the Customer's e-mail address(es) and/or from the Customer’s web server if these messages are classified as spam by the Contractor. Sender's notification on such message delivery failure is not guaranteed. The Customer may at any moment upon service provision up to its Validity Term enable receipt and delivery of all messages with no regard to the Contractor's classification thereof in hosting control panel for each mail box.
8.7. If there a need arise, or with a view to prevent any negative consequences of third persons' activity affecting the Contractor's service functioning, and/or for other reasons affecting system functioning and/or hampering access to the Contractor's services and resources, the Contractor is entitled to change the Hosting region specified in the Contractor's hosting service set-up. In this case the Customer will be notified thereof by e-mail. RU The time period for a change of service parameters will thereby be determined by the Contractor at its own discretion.
8.8. In case a queried page from the Customer's website is missing at the moment of the HTTPquery, such query can be redirected to the Contractor's service page that will inform the visitor of the unavailability of the page from the Customer's website and will display other materials of the Contractor or of the third parties, which materials will not be contrary to the laws in effect in the Russian Federation and to the provisions of this Schedule. The Customer can at any time within the service validity term choose another page for redirection in the control panel.
9.1. The Contractor does not guarantee compatibility of the software, provided within the hosting service, with the software, engineered by the Customer or third parties. Such software may be installed and used by the Customer without any guarantees from the Contractor's party.
9.2. The Contractor has the right to block functioning of the software, installed by the Customer, in case its usage causes or may cause breaking the terms of the current Schedule.
9.3. The Contractor does not guarantee functioning of the software provided within the hosting service in case the Customer make changes not authorized by the Contractor in it.
10. Customer' Data Distribution Restrictions
10.1. The Customer and the Service Registrant have no right to use the virtual web server and/or virtual mail sever with the purpose of implementing activity banned by the law of the Russian Federation, including distributing and advertising obscene material, appeals for violence, extremist activities, appeals for overthrowing of government and others, and also the activity harmful to public interest, humanitarian and moral principles, insulting human dignity or religious feelings, etc. At that the Contractor has the right to estimate Customer's activity on its own for infringement of the legislation, including the cases when the definition of such activities is not fixed by statutory acts. Definition of pornographic materials is published on the Contractor’s website: https://www.nic.ru/dns/service/hosting/en/moral_standards.html
10.2. Spam Restrictions
The Customer may not use virtual mail server and /or virtual web server (including search engine) for spamming or taking actions favoring its dissemination. Neither may the Customer take any actions listed below:
a) mass distribution of messages sent without prior agreement with the receiving party by means of e-mail and other means of personal information exchange; mass distribution is regarded as both distribution to multiple recipients and multiple distribution to one recipient;
b) distribution without prior agreement with the receiving party of electronic letters and other messages of promotional, commercial or agitation nature, and the letters, containing information, harmful to public interests, humanitarian and moral principles (such as profane language, appeals for violence, subversive extremist activity, calls for overthrowing of the government, anti-humanitarian calls insulting human dignity or religious feelings, etc.);
c) distribution of e-mail addresses or other message delivery services databases (except for the cases when owners of all addresses included in such a database explicitly expressed their consent for inclusion of addresses in this database and distribution of the database, at that open publication of the address cannot be considered an agreement);
d) distribution of software for technical implementation of the activities, described in the subparagraphs (a,b,c,) of the current paragraph;
e) distribution of messages not meeting the following requirements:
- electronic mail address may be included in the distribution addresses list only at the address owner's will;
- electronic mail address has to be expelled from distribution addresses list at the address owner's will without any difficulties for him.
f) posting in any conference messages irrelevant to the content of the present conference. Here and thereafter the conference stands for teleconference (news groups) Usenet and other conferences, forums and distribution lists.
g) posting in any conference messages of promotional, commercial or agitation nature, except for the cases when such messages are explicitly allowed by the rules of the conference or their posting is agreed upon with the owners or administrators of the conference in advance.
h) posting in any conference an article containing attached files, except for the cases when attachments are explicitly allowed by the rules of the conference or such posting is agreed upon with the owners or administrators of the conference in advance.
i) publication of data intended to manipulate search results in search engines.
10.3 The Customer has no right to use his own or granted information resources (mailboxes, e-mail addresses, web-page addresses etc.) as his contacts in the process of performing any activities, described in Clause 10.2. hereof, regardless of the Internet point where these activities were performed.
10.4. The Contractor, from its party, guarantees keeping the confidentiality of the Customer's mail and does not perform any kind of preliminary contents check of the websites, created and supported by the Customer, however, the Contractor has the right to perform hosting service blocking after an appropriate notification to the Customer for the duration at the discretion of the Contractor in case of negative comments and complaints from third parties whose rights are violated as a result of the Customer's or the Registrant's ensuing activity.
10.5. In case of obvious violation by the Customer of the Russian Federation law from the Contractor's point of view, service provision to him may be stopped without a preliminary warning from the Contractor's party.
10.6. Should the Contractor receive messages (complaints) on spam dissemination from any Internet access point, containing Customer's data resource advertisements, the Contractor is entitled to enforce penalties for the Customer, provided by paragraph 8.1 hereunder. The Customer undertakes this enforcement action to secure stable functioning of the Contractor's hardware and network and prevent the Contractor's service provision failure or restrict the possibilities of other Internet users in their receipt.
10.7. The Customer shall not be entitled to use a virtual webserver and/or a virtual mail server for the purpose of distributing materials which contain any third parties' exclusive intellectual property rights and/or rights to any means of individualization equated to such intellectual property without the permission of the rightsholders of such materials or other legal grounds.
10.8 If the Contractor receives any complaints (notices, claims) against the Customer's actions specified in Clause 10.7 hereof from rightsholders of any exclusive intellectual property rights and/or rights to any means of individualization equated to such intellectual property, the Contractor shall be entitled to enforce penalties set forth in Clause 8.1. hereof.
10.9. In the event of any claims and/or complaints by third parties (exclusive intellectual property rights and/or rights to any means of individualization equated to such intellectual property) in relation to the Contractor's unauthorized use of any intellectual property and/or means of individualization equated to such intellectual property for the purposes of fulfilling obligations under the Agreement and placing the Customer's materials, the Customer shall settle the claims at its own discretion and expense and/or join the litigation on the side of the Contractor, as well as reimburse the Contractor in full for any and all damages, including legal fees, incurred as a result such claims.
10.10. In case of circumstances specified in Clauses 10.1., 10.2., 10.3., and 10.8. hereof, the Contractor shall be entitled, in accordance with Clause 8.1. hereof, to suspend the Customer's virtual mail server and/or virtual webserver, with a one-time notice to the Customer via email. The virtual mail server's and/or virtual webserver's operation can be resumed after the Customer rectifies the breach and addresses the Contractor by email.
11. Information Safety and Data Integrity Support
11.1. The Contractor has the right to undertake necessary security measures in order to prevent unauthorized access to its data and computing resources and network resources with the purpose of the Customer's or the Registrant's information protection.
11.2. The Contractor ensures backup of the Customer's and/or the Registrant’s information located at the Contractor's facilities, except for the data publicized in Customer's mail boxes, with the purpose of its recovery in case of a loss.
11.3. Recovery of Information of Customer/Registrant
11.3.1. In case the Customer's and/or the Registrant’s information for which the Contractor ensures backup is lost due to the Contractor's fault, the Contractor shall recover lost information within no more than 12 (twelve) hours since the Contractor's discovery of information loss, provided there is technical capability for that.
11.3.2. In case the Customer's and/or the Registrant's information for which the Contractor ensures backup is lost due to the Customer's and/or the Registrant's fault, the Contractor shall recover lost information within 48 hours after the Customer contacts the Contractor by means of e-mail, under the condition that the Customer addressed the Contractor within 7 (seven) calendar days from the moment of information loss, including the day of the loss.
11.4. The Customer and/or the Registrant, in the process of using the virtual mail server and/or virtual web server, have no right to perform actions which may cause:
a) disruption of correct functioning of networks and equipment, not belonging to the Customer and/or the Registrant;
b) unauthorized access to data and computing resources and network resources, not belonging to the Customer and/or the Registrant;
c) causing damages or threat of causing damages to any Internet users;
d) misleading third parties regarding the information source (the sender of messages of any kind, programs, requests);
e) destruction or modification of software or databases, not belonging to the Customer and/or the Registrant, without agreement with their owners;
f) scanning of data-computing and network resources, not belonging to the Customer and/or the Registrant.
11.5. In case the events specified in Clause 11.4 hereof occur, the Contractor, according to the paragraph 8.1 of the current Schedule, has the right to block the Customer's virtual mail server and/or virtual web server, informing the Customer or the Registrant about that by means of e-mail once. Virtual mail server and/or virtual web server functioning may be resumed after the Customer or the Registrant eliminates violation cause and addresses the Contractor by means of e-mail or the hosting control panel.
11.6. Customer's virtual web server and/or virtual mail server functioning may be put on hold by the Contractor without prior notification of the Customer in cases which caused or can cause, at the Contractor's opinion, disruption or threat of disruption of the Contractor's services system functioning.
12. Complaints of rightsholders of any exclusive intellectual property rights and/or rights to any means of individualization equated to such intellectual property
12.1. Under no circumstances shall the Contractor be held liable to any third parties for the Customer's actions taken with the use of the Contractor's services, including direct and indirect damages and loss of profit, incurred by third parties. The Customer shall provide all possible warranties to the Contractor and use all reasonable means to protect the Contractor against any third-party claims in respect of the Customer's actions. If the Contractor is held liable for the Customer's placement through the Contractor's services of materials containing third-party exclusive intellectual property and/or any means of individualization equated to such intellectual property without the consent of the rightsholders thereof or other legal grounds, the Customer shall reimburse the Contractor for any and all damages in full, including, but not limited to, state duties and legal fees. The said reimbursement shall be payable within 5 (five) business days from the receipt of the Contractor's written claim.
12.2. The procedure for communication between the Contractor and the Customer upon receipt of claims (notices, complaints) of rightsholders of any exclusive intellectual property rights and/or rights to any means of individualization equated to such intellectual property (hereinafter, the "rightsholders") is detailed below:
12.2.1. The Contractor shall notify the Customer within 5 (five) business days about any and all claims of the rightsholders in relation to the placement of intellectual property and/or any means of individualization equated to such intellectual property without the consent of the rightsholders thereof or other legal grounds, on the Customer's website or other resources provided to the Customer by the Contractor.
12.2.2. Within 5 (five) business days from the receipt of a notice under Clause 12.2.1. hereof, the Customer shall:
- remove materials containing intellectual property and/or any means of individualization equated to such intellectual property and notify the Contractor about the removal thereof with proof of rectifying the breach, via the email address abuse@nic.ru,
or
- submit to the Contractor's email address abuse@nic.ru a substantiated refusal to remove materials along with data/documents/information confirming the validity of the use of intellectual property and/or any means of individualization equated to such intellectual property in the event of a failure to rectify the breaches specified in the rightsholder's claim.
12.2.3. If the Customer fails to notify the Contractor of the removal of materials or submit a substantiated refusal to remove materials, as well as prove the validity of the use of intellectual property and/or any means of individualization equated to such intellectual property upon the expiry of the timeframe specified in Clause 12.2.2. hereof, the Contractor shall be entitled to suspend the services in full or in part under Clause 8.1. hereof and notify the Customer using its contact email addresses.
12.3. The Customer shall comply with the requirements set forth in Clause 12.2. hereof and the Policy, as well as check for the Contractor's notices sent to email addresses and/or published on the Contractor's website www.nic.ru in the "Manage your account" section.
12.4. The Customer agrees and acknowledges that its failure to meet the requirements of the Policy, including the timeframe for responding, may have consequences set forth in Clause 8.1. hereof, as well as admit the adequacy, necessity, and sufficiency of such consequences for the restoration of third parties' violated rights, whereby the service validity period shall not be affected, and no funds shall be repaid to the Customer.
12.5. The Customer agrees and acknowledges that the Contractor shall be entitled to submit a reasonable refusal to remove materials and data/documents/information which prove the legality of the use of intellectual property and/or any means of individualization equated to such intellectual property, if the Customer fails to rectify the breaches specified in the claim of the rightsholder and/or authorized representatives thereof.
12.6. The Customer agrees and acknowledges that the Contractor shall be entitled to transfer (distribute, disclose, access) the Customer's data, including personal data of the Customer as an individual and personal data of representatives of the Customer as an entity, to rightsholders and/or authorized representatives thereof, who submitted claims (notices, complaints) to the Contractor in relation to the unauthorized placement of intellectual property and/or any means of individualization equated to such intellectual property without the consent of the rightsholder or other legal grounds on the Customer's website or other resources provided to the Customer by the Contractor.