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Schedule 1/35
to Service Agreement Effective December 14, 2015 |
Contractor is Joint Stock Company "Regional Network Information Center" (JSC RU-CENTER).
Contractor's Web Server is a web server located at: https://www.nic.ru.
Customer is an individual, individual entrepreneur, or legal entity requesting the Website Monitoring Service from the Contractor in the form set by the Contractor.
Website Monitoring Service / Service means the Contractor's recurrent inspections of the availability of the Website specified by the Customer, which is performed by sending Requests to the Website and receiving Responses, showing that the Website is up or down.
Website is a domain name or the server's IP address specified by the Customer in the Service settings.
Request is a request initiated by the Contractor as part of the Website Monitoring Service delivery to the Customer.
Response is a response from the Website to the submitted Request, containing information about the Website status (available or unavailable).
Event is the result of Request showing that the Website's Response status has changed compared to previous Request results.
Notification is the Contractor's action of notifying the Customer about the Event in accordance with the Service settings.
Service Validity Period is the timeframe within which the Service settings made by the Contractor are valid and the Website Monitoring Service is being delivered. Service Validity Period shall be selected by the Customer from the list provided by the Contractor when ordering or renewing the Service. Service Validity Period may be renewed by the Customer under the procedure set out in this Schedule and Addendum 4 to the Agreement.
Plan is a set of resources and services provided to the Customer by the Contractor within the Website Monitoring Service, as well as their qualitative and quantitative features.
Service Settings are Plan, Website to be monitored, and the Customer's contact details for Notifications about Events.
Order is the Customer's address to the Contractor in the format set by the Contractor, containing all necessary data for delivering or renewing the Service, and also for updating earlier submitted data.
Customer's Personal Account means a record of the Customer's payments to the Contractor, as well as the Customer's consumed services provided by the Contractor. Any payment made by the Customer shall be credited on the Customer's Personal Account after the money has been credited to the Contractor's bank account, provided that the Contractor has received a document identifying the payment.
Funds Allocation on the Customer's Personal Account means reservation of a sum of money on the Customer's Personal Account for its further withdrawal for Service delivery or renewal. Money allocated for Service delivery or renewal cannot be used for other services.
2.1. By ordering the Service, the Customer gives its full and unconditional consent with the terms of this Schedule and the procedure of its amendment.
2.2. Any amendments to this Schedule regarding introduction of new and/or additional services shall become effective after their publication on the Contractor's Web Server.
2.3. The Contractor provides the Service to the Customer who has concluded a Service Agreement ("Agreement") with the Contractor. Agreement conclusion is preceded by the Customer's registration in the Contractor's database. The Customer shall be responsible for selecting and registering individual administrative and technical passwords, for securing their confidentiality, and for all actions that involve the use of passwords.
2.4. The Customer's data submission for the Agreement conclusion:
2.4.1. All data provided by the Customer for signing the Agreement shall be true and up-to-date. If the Customer provides false information, the Service may be canceled.
2.4.2. If the Contractor doubts the accuracy of data provided by the Customer, the Contractor is entitled to request additional data and/or to request the confirmation of the provided data during the Service Validity Period. Such a request shall be sent to the Customer's contact e-mail address.
2.4.3. If provided information is not confirmed and/or additional information is not provided within the timeframe specified by the Contractor in the respective request, the Contractor may:
All specified restrictions may be lifted within 3 (three) business days after the Customer provides requested information.
In the event that the required information is not submitted within 30 (thirty) calendar days from the date of the Contractor's initial request, the Customer's Service may be canceled.
2.5. The Customer shall comply with the requirements of the Terms of Use published on the Contractor's Web Server at https://www.nic.ru/dns/reglaments/en/servpol.html.
2.6. The Customer agrees that it may be affected by the consequences of actions undertaken by the Contractor to prevent negative consequences of third-party activities disrupting the Contractor's system. In this case, the Contractor in its activities shall be guided by the provisions of the Terms of Use and guarantee the Customer to mitigate such negative consequences.
2.7. The Service order shall be deemed to be the Customer's consent to pay for the Service a price effective as of the order processing start date.
2.8. The Customer shall not use the Service for the purpose of engaging in any activities prohibited under the laws of the Russian Federation.
The Contractor may unilaterally assess the activities of the Customer with respect to any violations of the laws, including when definition of such activities is not documented by legal acts.
2.9. If the Customer fails to comply with the provisions of Clause 2.8. hereof, the Contractor shall be entitled to suspend the Service with a one-time notice to the Customer via the communication channels. In this case, the Service Validity Term shall remain unchanged. The Service shall be resumed after the Customer rectifies the violation and addresses the Contractor via the communication channels.
2.10. The Contractor may suspend the Customer's Service without a prior notice to the Customer in circumstances that caused or can cause, in Contractor's opinion, a disruption or a threat of disruption in the Contractor's service provision system.
2.11. The Contractor shall deliver the Service to the Customer only if it is technically feasible. Under no circumstances shall the Contractor be held liable to the Customer for poor quality of the Service hereunder due to any events or actions beyond the Contractor's reasonable competence and control, including, without limitation, the quality of Internet connection subject to quality of other providers' networks operation, the policy of traffic exchange between providers, and the Customer's hardware and software operation. The Contractor shall be held liable for improper delivery or non-delivery of the Service hereunder only due to its own fault.
2.12. Under no circumstances shall the Contractor be held liable to the Customer for the loss of profit and other indirect damages incurred by the Customer due to the Contractor's improper delivery or non-delivery of the Service. If the Customer incurred documented direct damages, the Contractor's liability shall be commensurate to the amount of the damage incurred by the Customer, but in no way shall it exceed the cost of the Service to be delivered to the Customer in the month the said actual damage occurs.
2.13. The Contractor shall not be held liable for the content of the Website to which Requests are sent.
3.1. The Contractor shall deliver the Service upon receipt from the Customer of an Order ready for processing.
3.2. The Service shall be deemed delivered to the Customer after the Contractor's resources are set up for the Service delivery in accordance with the Service settings selected by the Customer.
4. Ordering; Order Implementation Procedure
4.1. A Service Order shall be made on the Contractor's Web Server in the "Manage your account" section ("Orders").
4.2. In the process of making an Order for the Service, the Customer shall select the Service settings.
4.3. The Customer may cancel an Order on the Contractor's Web Server in the "Manage your account" section ("Orders", "Processing queue, order removal") before the processing of the Order begins. In case the Service is canceled before its expiration date, the Customer's payments for this Service shall not be refunded.
4.4. Other issues related to Order implementation, including readiness for processing, are regulated by Addendum 4 to the Agreement.
5.1. The Customer shall make timely payments for the Contractor's Service in accordance with the selected plan. The Service fee is specified in the Pricing (Addendum 2 to the Agreement).
5.2. Details of price plans for the Service (types and frequency of Requests) is published on the Contractor's Web Server at: https://www.nic.ru/dns/contract-zao/en/sup2_price.html.
5.3. The Customer's payment obligations shall be deemed unfulfilled if during the Service Validity Period the Contractor makes a refund upon the request of the payment system used by the Customer to pay for the Service. In this case the Contractor shall be entitled to suspend the Service for the Customer from the moment of the said refund.
5.4. Other payment, billing, invoicing, reporting, and money allocation issues are regulated by Addendum 4 to the Agreement.
6.1. Service renewal shall be performed by the Contractor if the funds on the Customer's Personal Account are sufficient to cover the renewal and if the Customer has not canceled the renewal.
6.2. The Customer's failure to cancel Service renewal shall be deemed its consent with the renewal and debiting of funds from the Customer's Personal Account to pay for the renewal. The funds shall be debited from the Customer's Personal Account in accordance with Addendum 4 to the Agreement.
6.3. The Customer may refuse to renew the Service at any time before funds are debited for the renewal. Renewal may be canceled on the Contractor's Web Server in the "Manage your account" section ("Services," "Renew services").
The Customer can reiterate its consent with service renewal at any time but no later than 30 (thirty) calendar days from the Service expiration date.
6.4. The Contractor shall be entitled to terminate the Service if it is not renewed by the Customer within 30 (thirty) calendar days from the Service expiration date. After the said period, the Contractor shall remove all of the Customer's information from its resources and the Service settings selected by the Customer in the process of using the Service.
6.5. In case the Customer renews the Service within 30 (thirty) calendar days from the Service's expiration, the Contractor shall resume the Service within 4 (four) hours after payment for renewal is credited to the Customer's Personal Account. In this case, the next Service Validity Period shall be calculated from the date of Service renewal.
6.6. If the Customer fails to set the Service settings for the next period (pursuant to Clause 7 hereof) in the Service renewal Order, the Service, if renewed, will be delivered in accordance with the settings valid as of the time of its renewal.
6.7. Other matters of Service renewal, including submission of renewal Order, money allocation, debiting of the Customer's Personal Account, are regulated by Addendum 4 to the Agreement.
7.1. The plan may be changed either while the Service is still valid or when the Service is being renewed for the next period.
7.2. Plan change during the Service Validity Period:
7.2.1. During the Service Validity Period, the plan may only be switched to a higher priced plan, in which case the Contractor shall charge the price difference for the remainder of the Service Validity Period. Plan change shall not affect the Service Validity Period.
7.2.2. To change the plan during the Service Validity Period, the Customer shall send a request on the Contractor's Web Server in the "Manage your account" section.
Changes made by the Customer shall become effective within 1 (one) hour, provided there are sufficient funds available on the Customer's Personal Account to pay for the service.
7.2.3. The price difference shall be calculated using the following formula:
C=(С2-С1)/Т*t, where
C — price difference;
С1 — Service fee under the previous plan for the Service Validity Period;
С2 — Service fee under the new plan for the Service Validity Period;
Т — Service Validity Period;
t — time period from moment of plan change request (including the day of the request submission) up to the end of the Service Validity Period.
7.2.4. If the funds on the Customer's Personal Account are insufficient to cover the price difference as of the date of the request for plan change, the price difference will be re-calculated every day according to the formula in Clause 7.2.3 hereof until the date there are sufficient funds on the Customer's Personal Account to cover the price difference.
7.2.5. The Customer may cancel the plan change request on the Contractor's Web Server in the "Manage your account" section ("Orders") prior to the beginning of Order implementation.
7.2.6. Plan change requests not fulfilled by the end of the then current Service Validity Period shall be canceled by the Contractor.
7.2.7. After the plan is changed, the Contractor shall automatically set the new plan in the renewal Order for the next period. The Customer may set another plan in the renewal Order in accordance with Clause 7.3 hereof.
7.3. Plan change during Service Renewal:
7.3.1. To change the plan in the process of renewing the Service, the Customer shall specify another plan for the next period in the renewal Order at any time before the Service is renewed. The settings shall be made by the Customer on the Contractor's Web Server in the "Manage your account" section ("Services," "Renew services").
8. Special Service Provision Terms
8.1. If the Customer breaches its obligations set forth herein, the Contractor shall be entitled to suspend the Service in full or in part and notify the Customer thereof via communication channels. Service suspension shall not affect the Service Validity Period, and no money shall be reimbursed to the Customer. Service suspension means cessation of Requests for inspections of the availability of the Website specified by the Customer, and cessation of Notifications stipulated by this Schedule.
8.2. The Contractor shall not be held liable for Notifications that failed to be delivered to the Customer not through the fault of the Contractor, including due to reasons stipulated in Clause 2.11 hereof.
8.3. The Contractor shall not be held liable for Notifications that failed to be delivered to the Customer due to the Customer's provision of invalid contact details and invalid Service settings in the Order.
8.4. The Contractor shall be entitled to engage third parties in Service provision without notifying the Customer.
8.5. If the Customer is an individual entrepreneur or an individual, the Customer agrees that the Customer's personal data provided in the Service settings may be transferred to third parties, provided that the Contractor complies with the laws on personal data protection and the requirements stipulated in Addendum 3 to the Agreement.
9. Customer's Data Distribution Restrictions
9.1. Spam Restrictions:
The Customer may not use the Website Monitoring Service for spamming or taking actions facilitating spamming. Neither may the Customer take any actions listed below:
a) mass distribution of unsolicited messages through e-mail and other messaging systems; mass distribution means both distribution to multiple recipients and multiple distribution to one recipient;
b) distribution of messages not meeting the following requirements:
- e-mail address or telephone number may be included in the mailing list only at the will of its owner.
The Customer shall not list any means of communication (e-mail addresses, phone numbers, etc.) for receiving Notifications without the consent of their owners. In case of complaints about such Notifications, the Customer shall, within 3 (three) business days, provide to the Contractor proof expressly stating that the owners of such means of communication have given their consent for the receipt of such Notifications. If the Customer fails to provide such proof to the Contractor within the required timeframe, the Contractor reserves the right to delete such means of communication from the contact details for reception of Notifications or fully suspend the services for the Customer.
9.2. In case of events specified in Clause 9.1 hereof, the Contractor shall be entitled, in accordance with Clause 2.9 hereof, to suspend the Customer's Service, with a one-time notice to the Customer via e-mail. Service delivery may be resumed after the Customer rectifies the violation and addresses the Contractor via e-mail.
9.3. In case of express violation by the Customer of the Russian laws, at the Contractor's discretion, Service delivery may be suspended without a prior warning from the Contractor.
9.4. Should the Contractor receive messages (complaints) on spam dissemination caused by the Customer's Website Monitoring Service, the Contractor shall be entitled to enforce penalties for the Customer, as stipulated in Clause 2.9 hereof. The Contractor shall undertake this enforcement to secure the stable functioning of the Contractor's hardware and network and prevent the Contractor's service provision failure or restrictions of the Contractor's services for other Internet users.
10. Information Safety and Data Integrity Maintenance
10.1. The Contractor shall be entitled to use all necessary security measures to prevent unauthorized access to its computing and network resources for the purpose of protecting the Customer's information.
10.2. The Customer, in the process of using the Service, may not perform any actions that may cause:
a) disruption of networks and equipment not owned by the Customer;
b) unauthorized access to computing and network resources not owned by the Customer;
c) damages or threat of damages to any Internet users;
d) misleading third parties regarding the information source (the sender of any messages, programs, or requests);
e) demolition or modification of software or databases not owned by the Customer, without consent of their owners.
The Customer shall not use the Service and Requests for organizing DoS (denial of service) attacks on any web services, whether or not owned by the Customer.
10.3. In case of events specified in Clause 9.2 hereof, the Contractor shall be entitled, in accordance with Clause 2.9 hereof, to suspend the Customer's Service, with a one-time notice to the Customer via e-mail. Service delivery may be resumed after the Customer rectifies the violation and addresses the Contractor via e-mail.
10.4. The Contractor may suspend the Customer's Website Monitoring Service without a prior notice to the Customer in cases which caused or threaten to cause, in the Contractor's opinion, a disruption or threat of disruption of the Contractor's service provision system.