Schedule 1/19
to Service Agreement
Effective
February 10, 2016
1. Definitions
2. General terms
3. Order for Hosting of Confidential Information. Order implementation
4. Access to Hosting of Confidential Information services
5. Hosting of Confidential Information Renewal
6. Changing Hosting of Confidential Information 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 "RU-CENTER".
Customer - a person or a legal entity, which made an order to the Contractor to service.
Hosting of Confidential Information (Set-up) - the Contractor's resources set-up for work as the Customer's virtual web server and virtual mail server, which allows to store the Customer's confidential information in the allocated protected zone. The service is provided by the Contractor to the Customer on the basis of this Schedule, in accordance with the service parameters. The 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 of Confidential Information 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.
Protected zone - racks with the Contractor's server and telecommunication equipment allocated to provide the Service that ensure the functioning of the service and internetworking for the resources during connection to the information exchange networks.
Firewall - a set of the Contractor's software and hardware that controls and filters network packets in accordance with the rules defined by the Contractor.
Tariff - a set of Hosting-related resources and services provided to the Customer by the Contractor, as well as their qualitative and quantitative features.
Service Parameters - tariff, validity term.
Virtual web-server - a set of the Contractor's resources and services, which enables the Customer to create one or several web-sites.
Web-site - information in its entirety, presented as one or several web-pages, created by the Customer for Internet publication. Web-site is identified by the web-site name, under which the Customer can specify a domain name or a sub domain. A web-site can have several names, which are called CNAMES (aliases) of a web-site name.
Domain name - record ID in DNS database, usually presented as several marks, separated by "." symbol.
Subdomain - a character string of host.domain type, specified by the Customer in Hosting of Confidential Information settings, where host is a random combination of Latin letters and/or figures, chosen by the Customer, domain is any domain name, specified by the Customer in Hosting of Confidential Information settings. Sub domain can be used by the Customer for a web-site name and/or as a part of electronic mail addresses (user@host.domain).
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 or user@host.domain type, where user is a random combination of Latin letters and/or figures, chosen by the Customer, domain and host.domain - domain name and sub domain accordingly, specified by the Customer in virtual mail server settings.
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.
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 Customer's Service Agreement.
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.
Electronic payment system (e-payment system) is a system represented by software and hardware infrastructure, to settle financial transactions between the Customer and the Contractor via Internet.
Note: 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 the following Licenses:
2.2. The Contractor provides services for the Customer, who has concluded aService Agreement with the Contractor. The Service Agreement concluding is preceded by the procedure of registering the Customer in the Contractor's database. In the process of registration 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, has to be true. In case the Customer submits false data, the Contractor has the right to refuse to provide services to the Customer.
The Contractor, in case of any doubts in validity of data provided by the Customer, 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 address. 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 of Confidential Information, in accordance with the paragraph 8.1 of the current Schedule);
c) deny the Customer's order for Hosting of Confidential Information 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 web-server 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 of Confidential Information serves as the Customer's consent with the terms of this Schedule, as well as the Customer's consent to pay for the service at the prices valid on the date the order execution is started.
2.7. Hosting of Confidential Information 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. Renewal of Hosting of Confidential Information 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. Tariffs for the Hosting of Confidential Information are available on the Contractor's web-server - https://www.nic.ru/dns/contract/tariff-hci.html. The services included in Hosting of Confidential Information are available at http://www.hosting.nic.ru/services_hci.shtml.
2.11. 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. Order for Hosting of Confidential Information. Order Implementation
3.1. Order for Hosting of Confidential Information
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 of Confidential Information the Customer has the right to specify domain names not meeting the requirements of the paragraph 4.2 (a,b) in service settings. Hosting of Confidential Information 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 of Confidential Information is provided.
3.1.4. If, in the process of ordering the Hosting of Confidential Information 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 of Confidential Information 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 of Confidential Information 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. In case the Customer in the process of ordering the Hosting of Confidential Information or in the process of changing domain names list specifies a domain name of general use in the service settings (GEOGRAPHICAL or GENERIC type), the Contractor has the right to reject DNS support provision for such domain name. At that the Hosting of Confidential Information is provided to the Customer and shall be deemed provided without dependence from DNS support provision results.
3.1.6. If Hosting of Confidential Information 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 Schedule 1/1 for the Service Agreement), Hosting of Confidential Information will be provided to the Customer and will be considered provided no matter what the domain name registration result is.
3.1.7. The Customer can abrogate (cancel) the order for the Hosting of Confidential Information on the Contractor's web-server www.nic.ru, in the section "Manage your account" ("Orders"), before the order implementation is started.
3.2. Order implementation
3.2.1. The order is considered ready to be implemented and its implementation starts under the condition that the Customer has an amount enough to pay for all services in the order on the Service Agreement personal account. Orders not implemented within 3 (three) months are removed by the Contractor.
3.2.2. Order implementation for services renewal has higher priority over order implementation for new services.
3.2.3. Orders for new services are implemented in the order they are submitted to the Contractor. Order of implementation for new services can be changed at the Contractor's web-server in the section "Manage your account" ("Orders") prior to their implementation.
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 in the control panel.
3.2.5. Settings
3.2.5.1. 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.
3.2.5.2. In the process of providing the Hosting of Confidential Information the Contractor determines the following settings, which the Customer at his discretion can change in the control panel:
a) distributes hard drive space allocated for the service into segments not exceeding the total amount of its capacity. They are intended for different information specified by the services provided in the tariff including e-mail, databases, web-sites 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;
b) adjusts the antivirus mail filter in a way that virus notifications regarding viruses found in the messages intended for the Customer would be deleted.
c) adjusts antivirus software for scanning files of the Customer’s websites with the set periodicity: - every day. If any infection threats to one or more files have been detected "Skip" action would be applied. The message with checking results will be sent to the Customer’s contact address.
The Customer at its own discretion may change antivirus software settings, in particular:
3.2.5.3. In the process of providing the Hosting of Confidential Information the Contractor uses firewalls that ensure:
4. Access to Hosting of Confidential Information services
4.1. After the Hosting of Confidential Information 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");
- 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 tariff for auxiliary names (provided based on Hosting of Confidential Information identifier), created by the Contractor for the Customer - within 3 (three) hours after the service is provided;
c) access to services according to the tariff for domain names and sub-domains specified by the Customer in case the requirements in paragraphs 4.2 and 4.3 of the present Schedule are met - within 1 (one) hour after the service is provided.
4.2. Access to Hosting of Confidential Information 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 of Confidential Information), 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 of Confidential Information capabilities for the sub domain 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 sub domain "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 of Confidential Information), 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 of Confidential Information prior to its expiration date, at that the Contractor executes total Hosting of Confidential Information blocking according to the paragraph 8.1 of the present Schedule. In case the Customer excludes Hosting of Confidential Information 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. Hosting of Confidential Information Renewal
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 paragraph 7 of the current Schedule.
5.2. The Customer may refuse to renew the Hosting of Confidential Information 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 not later than 30 (thirty) calendar days since the time the service ended.
5.3. Hosting of Confidential Information Renewal Order
5.3.1. Order for Hosting of Confidential Information renewal is created by the Contractor automatically 2 (two) months before the service expiration date.
5.3.2. The Contractor, not later than 14 (fourteen) calendar days before the end of the term of validity for the Hosting of Confidential Information, 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. Hosting of Confidential Information renewal is made by the Contractor if there is enough money available on the Customer's Service Agreement personal account to pay for service renewal and if the Customer didn't refuse to renew the service.
The Customer hereby agrees that the funds for renewing other services used by the Customer are blocked in the sequence in which the terms of these services expire (the funds for a service whose term expires earlier are blocked earlier).
Should the Customer change order execution sequence, the funds will be blocked on the contract personal account in a manner established by the Customer.
Unless if otherwise specified by the Customer using e-payment systems. In this case the service renewal procedure will be established by the Customer as scheduled by the e-payment systems.
5.3.4. If the Hosting of Confidential Information is not renewed by the Customer, the Contractor executes total Hosting of Confidential Information blocking according to the terms of the paragraph 8.1 of the current Schedule after the service expires.
In case the Customer renews the Hosting of Confidential Information 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 Agreementpersonal account, under the condition the Customer didn't refuse to renew the service.
5.3.5. If the Hosting of Confidential Information 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 of Confidential Information for the next period (pursuant to para. 6 hereunder), 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 of Confidential Information services, they are implemented in the order the service term is ended.
6. Changing Hosting of Confidential Information Parameters
6.1. Term of validity for the Hosting of Confidential Information 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 any time before the service is prolonged. 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").
7.1. Cost of the Contractor's services is determined in the Service Agreement.
7.2. The Contractor registers information regarding Customer's payments and the services used by the Customer on the Customer's Service Agreement personal account. Money funds transferred by the Customer are considered deposited to his Service Agreement personal account after the money arrive at the Contractor's checking account, and under the condition the Contractor receives confirming payment documents, which identify the payment, from the bank.
Customer's access to his Service Agreementpersonal account information is provided on the Contractor's web-server www.nic.ru in the section "Manage your account" ("Payments", the link "Personal account balance").
7.3. Invoicing
Invoice is formed by the Contractor after receiving the Customer's request for invoice presentation. Such request is made on the Contractor's web-server www.nic.ru in the section "Manage your account" ("Payments", the link "Make a deposit to the personal account"). The original invoice is sent to the Customer by mail in case the Customer has a Service Agreement with the Contractor:
- if the Customer is a legal entity or a business owner - not later than 3 (three) business days after the Contractor receives the Customer's request for invoice presentation;
- if the Customer is an individual - at the Customer's request, sent by e-mail to the Contractor's service system.
A copy of the invoice may be printed out by the Customer on the Contractor's web-server www.nic.ru in the section "Mange your account" ("Payments", the link "Presented invoices").
7.4. In the process of preparing payment documents by the Customer, a reference to the number of the Customer's Service Agreement with the Contractor is required in the "Payment Purpose" section.
7.5. Money blocking on the Customer's Service Agreement personal account in order to renew the Hosting of Confidential Information is made no earlier than 8 (eight) calendar days prior to the service expiration date in the absence of refusal from the Customer to renew the service. Money charge-off from the Customer's Service Agreement personal account to pay for Hosting of Confidential Information renewal is made no earlier than 1 (one) calendar day prior to the date of service expiration in the absence of refusal from the Customer to renew the service.
7.6. The return of the Customer's unused money is performed by wire transfer to the Customer's checking account in any bank on the territory of the Russian Federation when canceling the Agreement. The Contractor performs actions, necessary for executing the return, not later than 10 (ten) business days after the Customer provides a request in writing containing total recipient's information.
7.7. In case the Hosting of Confidential Information is cancelled before its expiration date, money paid by the Customer for the service is not returned.
8.1. In case the Customer violates 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. When the Hosting of Confidential Information is blocked the term of validity for the service is not changed, money is not returned to the Customer.
Hosting of Confidential Information 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 of Confidential Information.
8.2. Hosting of Confidential Information capabilities access blocking in case Customer's resources exceed the number of resources, stipulated by the tariff
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. 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. It is not granted that the Customer will receive such a notification if the Customer specifies the addresses, supported by him within the Hosting of Confidential Information, as his contact. Blocking is lifted by the Contractor within 2 hours after the Customer adjusts the amount of utilized resources to the chosen tariff.
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 of Confidential Information. 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. 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. In case 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. Blocking is lifted by the Contractor within 2 (two) hours since the Customer adjusts the amount of utilized resources to the chosen tariff.
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), 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. In case a queried page from the Customer's web-site is missing at the moment of the query, the visitor's 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 web-site 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 or simply cancel it in the control panel.
9.1. The Contractor does not guarantee compatibility of the software, provided within the Hosting of Confidential Information, 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 of Confidential Information in case the Customer makes changes not authorized by the Contractor in it.
10. Customer's Data Distribution Restrictions
10.1. The Customer has 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 principals, 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 web-site: 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 principals (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 the paragraph 10.2, 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 web-sites, created and supported by the Customer, however, the Contractor has the right to perform Hosting of Confidential Information 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 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 i. 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 legitimate 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 Customer's information protection.
11.2. The Contractor ensures backup of the Customer'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. Customer's Information Recovery
11.3.1. In case Customer's information, for which the Contractor ensures backup, is lost due to the Contractor's fault, the Contractor recovers lost information within no more than 12 hours since the Contractor's discovery of information loss.
11.3.2. In case Customer's information, for which the Contractor ensures backup, is lost due to Customer's fault, the Contractor recovers lost information within 48 hours since Customer's address to the Contractor via 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, in the process of using the virtual mail server and/or virtual web-server, has no right to perform the actions, which may cause:
a) disruption of correct functioning of networks and equipment, not belonging to the Customer;
b) unauthorized access to data and computing resources and network resources, not belonging to the Customer;
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, without agreement with their owners;
f) scanning of data-computing and network resources, not belonging to the Customer.
11.5. In case the events specified in the paragraph 11.4 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 about that by means of e-mail once. Virtual mail server and/or virtual web-server functioning may be resumed after the Customer eliminates violation cause and addresses the Contractor by means of e-mail.
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.